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BCC Minutes 12/15/2009 R December 15, 2009 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, December 15, 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) '-0'"'\ I /'..;, 1 ~ r ( II \1, ....... )1 ,,\ AGENDA December 15, 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] December ]5,2009 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 T AMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approva] of to day's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. November 3,2009 - BCC/AUIR Meeting C. November ]0, 2009 - BCC/Regular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 20 Year Attendees A. George Yi]maz, Wastewater Page 2 December ]5, 2009 4. PROCLAMA TIONS A. Proclamation congratulating the Collier County Public Utilities Division's Water Department for the receipt ofWateReuse Award of Merit. To be accepted by Paul Mattausch, Water Department Director. 5. PRESENTATIONS A. Presentation on building more disaster resistant community by Jeff Johnson, Executive Director of Retrofit Southwest Florida, Inc. B. Presentation of National Association of Counties (NaCO) Achievement Award to the Collier County Code Enforcement Department for their Blight Prevention Program. C. Presentation of the posthumous Advisory Committee Outstanding Member Award for the month of November 2009 to Charlie Abbott. To be accepted by Mrs. Linda Abbott. D. BCBE Construction Co., Inc. presentation on Goodland Boat Park Project. 6. PUBLIC PETITIONS A. Public petition request by Patrick White to discuss GMP A CP-2008-3, for Naples Christian Academy and Goodwill Industries. B. Public petition request by Roberto Millet to discuss permit for car wash on property located at 4990 Golden Gate Parkway. C. Public petition request by Jean Benoit to discuss paving ofS.E. 30th Avenue on Everglades Boulevard. D. Public petition request by Ervin Garriga to discuss paving of S.E. 30th Avenue on Everglades Boulevard. Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS Page 3 December ]5.2009 8. ADVERTISED PUBLIC HEARINGS A. Recommendation to 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 Trip Characteristics Study Mine Land Use, amending Schedule One of Appendix A to reflect the new Mine/Commercial Excavation land use category and impact fee rate and providing for a delayed effective date of March 16, 20 lOin accordance with the notice period requirements of Section 163.3180 I (3)( d) Florida Statutes; this action is in furtherance to the direction provided by the Board of County Commissioners on June 23, 2009. B. This item reouires that all participants be sworn in, and ex parte disclosure be provided bv Commission members. County Attorney report on the Town Market property located at 7770 Preserve Lane in the Olde Cypress PUD and whether the U-Haul business operated at the site is comparable in nature to other C-3 uses allowed in the PUD and whether there is sufficient parking to accommodate this use. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Isles of Capri Fire Control District Advisory Committee. B. Appointment of members to the Development Services Advisory Committee. C. To discuss Section 8 of the Collier County Ethics Ordinance No. 2004-5 regarding Collier County Post-Employment Restrictions. Due to the existing economic climate, consider either temporary suspension of Section 8 of the Ordinance for a defined period of time or consider permanent removal of Section 8. For review of the full Ordinance please go to http://apps.collierclerk.com/BMR/docview.aspx?id= I 4976 (Commissioner Henning) 10. COUNTY MANAGER'S REPORT Page 4 December ]5, 2009 A. Recommendation to establish the schedule of impact fee update studies for Calendar Year 2010 in accordance with prior direction of the Board of County Commissioners. (Amy Patterson, Impact Fee Manager) B. Recommendation to award a construction contract in the amount of $34,977,999.18 to Mitchell & Stark Construction Corporation and reserve $4,207,000.00 on the purchase order for funding allowances, for a total of $39,184,999. I 8 for Bid No. 09-5287 Oil Well Road Immokalee Road to Camp Keais Road, Project No. 60044. (Norman Feder, Transportation Services Administrator) C. Report to the Board detailing the status ofFY 2010 capital project funding. (Mark Isackson, Corporate Financial and Management Services, County Manager's Office.) D. This item to be heard at 11 :30 a.m. Recommendation to adopt a resolution authorizing the condemnation of a fee simple interest parcel and a temporary construction easement parcel required for the construction of redesigned improvements to the intersection of Collier and Davis Boulevards. (Collier Boulevard Project No. 60092 and Davis Boulevard Project No 60073). Estimated fiscal impact: $285,500. (Norman Feder, Transportation Services Admini strator) E. Award of Contract No. 10-5366 to Stevens and Layton Inc., for the Gateway Triangle Area Drainage Improvements Project Phase 2, Project #51803 in the total amount of $2,694,473.35 plus a ten (10%) contingency totaling $2,963,920.69, and approve necessary budget amendment of $350,000. (Norman Feder, Transportation Services Administrator) F. This item to be heard at 2:30 p.m. Recommendation to approve actions required to complete the development ofa comprehensive management plan for the Clam Bay Estuary. (Gary McAlpin, Coastal Zone Management Director) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT Page 5 December ]5, 2009 A. This item to be heard at 12:00 noon. Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDAY, DECEMBER 15, 2009, at a time certain of 12:00 noon in the Commission conference room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager Leo Ochs, County Attorney Jeffrey A. Klatzkow, and Assistant County Attorney Steven T. Williams will be in attendance. The Board in executive session will discuss: Settlement negotiations in the pending litigation cases of Craig Grider and Amber Grider v. Collier County, Case No. 08-7794-CA and Craig Grider and Amber Grider v. Collier County, Case No. 09-3 I 64-CA, both which are now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. B. This item to be heard at 1:00 p.m. For the Board of County Commissioners to provide direction to the County Attorney regarding strategy related to settlement negotiations in the pending litigation cases of Craig Grider and Amber Grider v. Collier County, Case No. 08-7794-CA and Craig Grider and Amber Grider v. Collier County, Case No. 09-3164- CA, both which are now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. A Resolution of the Board of County Commissioners of Collier County, Florida, sunsetting the Immokalee Master Plan and Visioning Committee, and recognizing and memorializing the automatic repeal of Ordinance No. 04-62, as Amended. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of Page 6 December] 5, 2009 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) This item reouires that all participants be sworn in, and ex parte disclosure be provided bv Commission members. Recommendation to authorize the Chairman to sign a Resolution of the Collier County Board of County Commissioners designating 7,414.0 Acres in the Rural Lands Stewardship Area Zoning Overlay District as a Stewardship Sending Area with a designation as BCI/BCP/SI SSA 13 pursuant to the terms set forth in the Escrow Agreement, Stewardship Sending Area Credit Agreement for BCI/BCP/SI SSA 13, and Stewardship Easement Agreement for BCI/BCP/SI SSA 13; approving a Stewardship Sending Area Credit Agreement for BCI/BCP/SI SSA 13; approving a Stewardship Easement Agreement for BCI/BCP/SI SSA 13; approving an Escrow Agreement for BCI/BCP/SI SSA 13; and establishing the number of stewardship credits generated by the designation of said Stewardship Sending Area. 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Parcel I 10, with the roadway and drainage improvements being privately maintained. 3) Recommendation to direct the County Manager or his designee to provide a refund in the amount of $ I ,052.28 for a portion of the petition fee received for a recently withdrawn 2007-2008 Cycle Growth Management Plan Amendment petition. 4) Recommendation to approve final acceptance of the water and sewer utility facilities for Mediterra Maintenance Facility. 5) Recommendation to approve the request by the Economic Development Council of Collier County to allow Atomic Machine and EDM, Inc. to participate in the Fast Track Program for the building permit required for their tenant improvement at the Market Page 7 December ]5,2009 Center project. 6) Recommendation to develop and advertise for Board consideration an amendment to Ordinance No. 2004-58, known as the Property Maintenance Ordinance, and to bring back an amendment in conjunction with removal of rental registration provisions. 7) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Quail West Unit One, Replat Block C Second Addition with the roadway and drainage improvements being privately maintained. 8) Request to approve the proposed Letter of Understanding that delineates Growth Management Plan (GMP) major issues that will be addressed in the County's Evaluation and Appraisal Report (EAR) as required by Section 163.319 I of the Florida Statutes and direct the County Manager or his designee to enter into a formal agreement with the Florida Department of Community Affairs (DCA). B. TRANSPORT A TION SERVICES 1) Recommendation to recognize FY 2009/2010 Federal Transit Administration Section 53 I I additional revenue in the amount of $30 1,8 I 7.00 to Collier Area Transit Fund (426) and authorize all necessary budget amendments. 2) Recommendation to recognize FY 2009-20 I 0 State Public Transit Block Grant additional revenue in the amount of $8,876.00 to Collier Area Transit Fund (426) and authorize all necessary budget amendments. 3) Recommendation that the Board of County Commissioners approves a Resolution authorizing the execution and submittal of the Federal Transit Administration Section 53 10 FY20 I 0/20 II grant application and applicable document and to accept the grant if awarded. 4) Recommendation that the Board of County Commissioners approves a Resolution authorizing the execution and submittal of the Federal Transit Administration Section 53 I I FY20 I 0/20 I I grant application Page 8 December ]5,2009 and applicable document and to accept the grant if awarded. 5) Recommendation to approve the purchase of a Perpetual, Non- exclusive Road Right-of-Way, Drainage and Utility Easement which is required for the construction of the proposed four-Ianing improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $3, 100.00). 6) Recommendation to approve the purchase of a Perpetual, Non- exclusive Road Right-of-Way, Drainage and Utility Easement which is required for the construction of the proposed four-Ianing improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $2, I 22.00). 7) Recommendation to approve an Amendment to Agreement allowing former owners of a property purchased by Collier County for the Vanderbilt Beach Road Extension Project (Parcel 133) the option to further extend their post-closing occupancy of the property for an additional three month period. Project No. 60168 (Fiscal Impact: Revenue in the amount of $4,500 will be credited to the gas tax and/or impact fee accounts). 8) Recommendation to approve a Purchase Order for payment of invoices totaling $52,206, submitted by Precision Contracting Services, Inc. for Traffic Operations Ethernet Conversion performed in FY 07/08 with reimbursement from the Florida Department of Transportation. 9) Recommendation to award ITB #09-53 10 Motorola Central Control Irrigation Supplies & Services to Ag- Tronix Inc. for an estimated annual amount of$65,000. 10) Recommendation to ratify an emergency purchase order previously approved by the County Manager for electrical services under annual contract #07-4083, On-Call Electrical Repairs and New Installation to E. B. Simmonds Electrical Inc., Naples, FL, in the amount of Page 9 December ]5, 2009 $ 127,760.90. C. PUBLIC UTILITIES 1) Recommendation to approve Amendment No. I to South Florida Water Management District Agreement No. OT061098 to monitor ground water in Collier County. (Estimated Revenue $ I 16,000 annually.) 2) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1994, 1995, and 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $48.00 to record the Satisfactions of Lien. 3) Recommendation to approve and authorize the Chairmen to sign a Pre-award Cost Request Form requesting a pre-award credit of $ I 21,290.99 in staff time and emergency repair expenditures as an update to the grant application to the Florida Department of Community Affairs for the Hazard Mitigation Grant Program for up to $320,000 to construct a six-inch High Density Polyethylene leachate pipe at the Collier County Landfill. 4) Recommendation to award RFP #09-5201, an annual contract for Underground Utilities Supplies to Ferguson Waterworks, Inc. D. PUBLIC SERVICES 1) Recommendation to approve and authorize the Chairman to sign an agreement with Collier Health Services (CHS), and an agreement with the Agency for Health Care Administration (AHCA) to participate in the Low Income Pool Program. Participation in this program will require the County to send $207,127 to AHCA, which will generate an additional $432,944 in Federal matching funds to be paid directly to Collier Health Services for medical services for the most medically needy in Collier County. Collier Health Services will receive a total distribution of $640,07 I from the State. Page] 0 December ]5, 2009 2) Recommendation to approve the FY05 and FY06 Annual Reports to the Florida Department of Highway Safety Motor Vehicles for the Choose Life Specialty License plate. 3) Recommendation to provide after the fact approval for the submittal of the 2010 Continuum of Care (CoC) Grant application to the U.S. Department of Housing and Urban Development (HUD) for CoC programs assisting and benefiting the homeless population in Collier County. 4) Recommendation to approve and authorize the Chairman to sign an agreement with the Collier County Child Advocacy Council, Inc. (CCCAC) to provide for State mandated services identified under Florida Statute 39.304(5). Fiscal impact of$70,000. 5) Recommendation to approve and authorize the Chairman to sign an agreement with the State of Florida, Department of Children and Families accepting a Challenge Grant in the amount of$96,000; and authorize the necessary budget amendments associated with this action. The non-profit subrecipients: Saint Matthews House, The Shelter for Abused Women and Children, National Alliance on Mental Illness, The Collier County Hunger and Homeless Coalition and Youth Haven, Inc. 6) Recommendation to authorize Disaster Recovery Initiative awards in excess of fifty-thousand dollars and authorize the Purchasing Director to issue purchase orders in excess of fifty-thousand dollars, for site preparation activities required to replace homes severely damaged by Hurricane Wilma. These activities will benefit three (3) income- qualified households in Collier County. (Fiscal impact $ I 78, I 42.75) 7) Recommendation to repeal Resolution No. 2007-190 and adopt the attached revised Resolution No. 2010- that lists new fines and fees for Collier County Public Library. E. ADMINISTRATIVE SERVICES 1) Recommendation to award ITB #09-5325 On-Call Electrical Repairs and New Installation to AC Electric ofSW Florida, Inc., Bentley Page] ] December ]5, 2009 Electric Company of Naples, Fl, Inc., E. B. Simmonds Electrical Inc., Gulf States Electric, Inc., and Professional Highway Maintenance, Inc. ($230,000) 2) Recommendation to approve the purchase of Group Health Reinsurance coverage for calendar year 20 lOin the amount of $1,018,777 which equates to a reduction of 19.9% over prior year's premIUm. 3) Recommendation to authorize the on-line auction of Collier County surplus property. 4) Recommendation to approve payment of$3,666.66 which is 2/12ths of the IRS allowable annual contribution amount, to the deferred compensation account of former County Manager, James V. Mudd, in accordance with his contract, to be processed January 20 I O. 5) Recommendation to approve an Agreement for Sale and Purchase with Frank 1. Fisiorek, Jr. and Kathleen E. Zielinski for 1.14 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $ I 9,300. 6) Recommendation to award Bid No. 09-5323 On-Call Plumbing Contractors to Shamrock Plumbing and Mechanical, Inc. as primary, Precision Plumbing Services, Inc. as secondary, and Four Star Plumbing Contractors, Inc. as tertiary at an estimated annual cost of $210,000. 7) Recommendation to authorize an offering of the Voluntary Separation Incentive Program pursuant to Collier County Ordinance No. 09- I 3 for two employees not previously notified of eligibility in July 2009. 8) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. 9) Recommendation to approve an Agreement not to exceed $10,000 between the GAC Land Trust Committee and the Big Corkscrew Island Fire Control and Rescue District for the purchase of the BullEx Page] 2 December] 5, 2009 Fire Extinguisher Training System. F. COUNTY MANAGER 1) Recommendation to approve a fiscal year 2010 budget amendment establishing dedicated appropriations covering anticipated contractor and administrative expenses associated with the Intersection Safety Program. Fiscal Impact $841,000. 2) Approve budget amendments. 3) Recommendation to approve use of all interest earnings on Tourist Tax Funds for destination advertising, marketing and promotion for a period of three fiscal years and approve all necessary budget amendments. 4) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2009-10 Adopted Budget. 5) Recommendation to adopt a Resolution #20 10- and approve and authorize the Chairman to sign a lease-purchase agreement and all accompanying documents with Government Capital Corporation for the replacement of one (I) ambulance for Emergency Medical Services for five (5) annual payments of $4 I ,575.74 for a total of $207,878.70. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) To approve and execute 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 (2800 Davis Boulevard). 2) To approve and execute a Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and Page 13 December] 5, 2009 a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area (2445 A-B Thomasson Drive). 3) To approve and execute a Sweat Equity Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area (2938 Cypress Street). 4) Recommendation that the Community Redevelopment Agency approve an Event Policy and Procedures Manual to govern all event activites for the Bayshore Gateway Triangle. 5) Recommendation for the CRA to approve the sale and consumption of alcoholic beverages (beer and wine) during the CRA Board approved Bayshore Cultural Festival of the Arts event on January 23,2010 on the CRA owned parcels. 6) Request that the Collier County Redevelopment Agency approve the application and recipient agreement for the Immokalee Community Redevelopment Agency (CRA) Commercial Facade Improvement Grant Program for reimbursement of $20,000 for facade improvements to Little Caesars Pizza located at 525 North 15th Street in Immokalee, Florida. 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 East Naples Civic Association Luncheon on November 19,2009 at Hamilton Harbor in Naples, FL. $23.00 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 Marco Island Area Chamber of Commerce Christmas Gala on December 6, 2009 at the Old Marco Inn on Marco Island, FL. $75.00 to be paid from Commissioner Fiala's travel budget. Page ]4 December] 5, 2009 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Marco Island Historical Society Holiday Luncheon on December 8, 2009 at the First Baptist Church on Marco Island, FL. $20.00 to be paid from Commissioner Fiala's travel budget. 4) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the EDC Pre-Legislative Luncheon on November 24,2009 at the Club at the Strand in Naples, Florida. $25.00 to be paid from Commissioner Henning's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve the return of funds for the 9 I I Microwave Circuits Grant, #S-08-07-31 to the State of Florida on behalf of the Collier County Sheriff's Office. 2) To obtain board approval for disbursements for the period of November 2 1,2009 through November 27,2009, and for submission into the official records of the Board. 3) To obtain board approval for disbursements for the period of November 28, 2009 through December 4, 2009, and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Authorize the making of an Offer of Judgment to Respondent, Platinum Coast Financial Corp., for Parcel No. 825 in the amount of $79,250 in the lawsuit styled Collier County v. Myrtle Cove, Inc., et aI., Case No. 07-5038 (Lely Area Stormwater Improvement Project # 51101.1) (Fiscal Impact $21,350). Page ] 5 December ]5, 2009 2) Recommendation to authorize a Stipulated Final Judgment in the amount of$375,000 for Parcels 104 and 604 in the lawsuit styled Collier County, Florida v. Highland Properties of Lee and Collier, Ltd., et aI., Case No. 06-0563-CA (Santa Barbara Boulevard Project #6208 I) (Fiscal Impact $304,542). 3) Authorize an Offer of Judgment to Respondent, Luis Pineros, for Parcel No. 204RDUE in the amount of $20,832 in the lawsuit styled Collier County v. Joseph Noel, et aI., Case No. 07-3200-CA (Oil Well Road Project # 60044) (Fiscal Impact $12,432). 4) Recommendation to authorize the County Attorney to advertise and bring back for Board consideration an Ordinance establishing the Habitat Conservation Plan Advisory Committee to assist the Board of County Commissioners in determining the feasibility of developing and implementing a Habitat Conservation Plan to protect red- cockaded woodpeckers in the North Belle Meade Overlay area. 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 reouires that ex parte disclosure be provided by Commission members. Should a hearing: be held on this item, all participants are reouired to be sworn in. Recommendation to approve Petition V AC-PL-2009- I 023, Nature Point Lot 8, to disclaim, renounce and vacate the County's and the Public's interest in that portion of a 25-foot wide drainage easement along the rear of Lot 8, Nature Point, as filed in Plat Book 20, Pages 20-22 of the Public Page 16 December 15, 2009 Records of Collier County, Florida, situated in Section 35, Township 49 South, Range 25 East, Collier County, Florida, the vacated portion being more specifically depicted and described in Exhibit A and accept the replacement drainage easement shown on Exhibit B. B. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2009- I 0 Adopted Budget. C. Recommendation to adopt an Ordinance amending Ordinance No. 2001-43, as amended (The Vanderbilt Beach Beautification Municipal Service Taxing Unit), per the Board's December 1,2009 direction under Agenda Item 16B5 to incorporate provisions to facilitate the ongoing conversion of overhead utility distribution facilities to underground service within the MSTU boundaries. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page] 7 December 15, 2009 December 15,2009 MR.OCHS: Ladies and gentlemen, if you'd please take your seats. Madam Chairman, you have a live mike. CHAIRMAN FIALA: Thank you. Good morning, everyone, and welcome to the December 15th Board of County Commissioner meeting. We welcome you-all here today. We hope the audience remains full the entire day. And with that, we're going to ask -- Leo, are you going to say the prayer for us this morning? MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: I'm going to ask you to rise. Leo will lead us in prayer, and then Commissioner Halas will lead us in the pledge. MR. OCHS: Our Heavenly Father, we ask your blessings on these proceedings and all who are gathered here. We ask this, a special blessing, on this 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: Would you put your hands over your hearts, please. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FIALA: Thank you very much. Jim Coletta, did you have an announcement? COMMISSIONER COLETTA: Yes. We're very fortunate today to recognize Sue Filson, who's birthday was yesterday at 29 years old. (Applause.) CHAIRMAN FIALA: She's been with us almost as long as she is old, right? COMMISSIONER COLETTA: That's correct. Page 2 December 15, 2009 CHAIRMAN FIALA: Twenty-nine years. And, Commissioners, before we start meeting, I would just like to say that as we move forward with this meeting and all of the meetings in the future, I would like us to all keep in mind that we set the tone for the rest of the county, that we should always treat each other with respect, and we should address each other with respect as well as all of our staff members, making sure to respect them, and all of our constitutional officers and their staff members, as well as the people in the community, because it is we, much of the highest-- many of the highest elected officials, who set the tone and the standard for the rest of the county. And I would ask that we all keep this in mind as we move forward. And with that, Mr. Ochs. COMMISSIONER COYLE: You're taking all the fun out of being here. CHAIRMAN FIALA: Do you mean you sharpen your teeth on this meeting? COMMISSIONER COYLE: Yes. Item #2A TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED - APPROVED AND/OR ADOPTED W /CHANGES MR. OCHS: Good morning, Commissioners. Agenda changes, Board of County Commissioners' meeting, December 15, 2009. Item 10C, Page 15 of 19, project number 80605, is identified as the Delason neighborhood and it should read Delasol neighborhood. That was at Commissioner Fiala's request. Next item is to move Item 16Al to 17D, your summary agenda. This item should have been placed under 17, summary agenda, as it is an advertised public notice. That move is at staffs request. Page 3 December 15,2009 Item 16B3. The last sentence on the last page of the resolution should read, this resolution adopted after motion, second, and majority vote favoring same, this 15th day of December, 2009, rather than the first day of December, 2009. Next item is to continue Item 16D2 to the January 12, 2010, BCC meeting. Next item is to move Item 16D6 to lOG, and that is a recommendation to authorize Disaster Recovery Initiative Awards in excess of $50,000 and authorize the purchasing director to issue purchase orders in excess of $50,000 for site preparation activities required to replace homes severely damaged by Hurricane Wilma. This item is being moved at Commissioner Henning's request to the regular agenda. The next item is 16D7. The title should read, recommendation to repeal resolution number 2007-190 and adopt the attached revised resolution number 2009 rather than 2010. That's at staffs request. Next item is to withdraw Item 16E 1 due to a bid protest. That's at staffs request per your bid protest policy. Item 16E6, award of invitation to bid 09-5323 for On-Call Plumbing Services, the following clarification needs to be read into the record. Staff requests that the contract be awarded to the recommended vendors in no particular order rather than on a primary, second, or tertiary basis as set forth in the written executive summary. That change is at staffs request. Next item is 16F5. The title should read, recommendation to adopt resolution number 2009 rather than 2010. Again, it's staffs request. Next item is 1611. The corrected figure of$354,357.01 rather than $373,505.01, plus any additional accrued interest, is the amount to be returned to the grantor agency. A project closeout budget amendment would be replacing the current submitted budget amendment. And this change is made at the Sheriffs Office request. Page 4 December 15,2009 Next change is to move Item 16K4 to 12C under county attorney regular agenda. It has to do with an ordinance establishing the Habitat Conservation Plan Advisory Committee. And we have five time-certain items, Madam Chair. First is Item 10D to be heard at 11 :30 a.m. Next is 10F, to be heard at 2:30 p.m; Item lOB to be heard at three p.m.; Item 12A to be heard at 12 noon; and 12B to be heard at one p.m. Those are all the changes I have, Madam Chair. CHAIRMAN FIALA: That's a bundle. Thank you, County Manager. County Attorney? MR. KLA TZKOW: No changes, ma'am. CHAIRMAN FIALA: Thank you very much. And Commissioners, do you have any changes or additions to the agenda or any ex parte on the summary or consent agenda? We'll start with you, Commissioner Henning. COMMISSIONER HENNING: No ex parte communications on today's summary agenda or consent agenda, no further changes. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yes. No changes to the agenda and no -- nothing to declare. CHAIRMAN FIALA: Thank you. Commissioner Halas? COMMISSIONER HALAS: Good morning, Chair. I have nothing on the consent agenda nor anything on the summary agenda, and I have no changes to the agenda at all today. CHAIRMAN FIALA: Let me read the sign down there. Who is that? Oh, yes. Commissioner Coyle? COMMISSIONER HALAS: His light's on, too. CHAIRMAN FIALA: I wish you could see this. Would you please hold that up? He has -- last meeting I stumbled over his name, Page 5 December 15,2009 so he has a sign to make sure I remember who he is and when his light is on and when it's off. COMMISSIONER HALAS: I always thought his lights were out all the time. COMMISSIONER COYLE: Now, remember what she said about being respectful. CHAIRMAN FIALA: Pretty good though. COMMISSIONER COYLE: But it was good, yeah. CHAIRMAN FIALA: Commissioner Coy Ie? COMMISSIONER COYLE: I have no further changes to the agenda, and I have no ex parte for the consent or the summary agenda. CHAIRMAN FIALA: Thank you. And I, too, have no further corrections or additions to the agenda, nor do I have anything to declare on the consent or the summary agenda. COMMISSIONER HALAS: Move to approve today's agenda. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Oh, thank you, fellows. We have a motion to approve 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: Great. We move forward. Page 6 Agenda Changes Board of County Commissioners Meeting December 15, 2009 Item 10C: Page 15 of 19, Project #80605 is identified as the Delason Neighborhood and it should read "Delasol" Neighborhood. (Commissioner Fiala's request.) Move Item 16Al to 170: This item should have been placed under 17 Summary Agenda, as it is an advertised Public Notice. (Staff's request.) Item 16B3: Last sentence on the last page of the Resolution should read, "This Resolution adopted after motion, second and majority vote favoring same, this 15th day of December, 2009." (rather than 1" day of December, 2009.") (Staff's request.) Continue Item 1602 to the Januarv 12. 2010 BCC meetin.: Recommendation to approve the FYOS and FY06 Annual Annual Reports to the Florida Department of Highway Safety Motor Vehicles for the Choose Life specialty license plate. (Staff's request.) Move 1606 to lOG: Recommendation to authorize Disaster Recovery Initiative awards in excess 01 fifty-thousand dollars and authorize the Purchasing Director to issue purchase orders in excess of fifty-thousand dollars, for site preparation activities required to replace homes severely damaged by Hurricane Wilma. These activities will benefit three (3) income-qualified households in Collier County. (Fiscal Impact $178,142,75) (Commissioner Henning's request.) Item 1607: Title should read: "Recommendation to repeal Resolution No. 2007-190 and adopt the attached revised Resolution No. 2009- _' . ." (rather than 2010). (Staff's request.) Withdraw Item 16E1: Award of ITB 09-5325 for On Call Electrical Repairs. Withdrawn due to a bid protest. (Staff's request.) Item 16E6: Award of ITB 09-5323 for On Call Plumbing Services: The following clarification needs to be read into the record: "Staff requests that the contract be awarded to the recommended vendors in no Darticular order rather than on a primary/secondary/tertiary basis as set forth in the written executive summary". (Staff's request.) Item 16FS: Title should read: "Recommendation to adopt a Resolution #2009-_. . ." (rather than 2010). (Staff's request.) Item 16J1: The corrected figure of $354,357.01 (rather than $373,505.01) plus any additional accrued interest is the amount to be returned to the grantor agency. A Project Closeout Budget Amendment will be replacing the current submitted Budget Amendment. (Sheriff's Office request.) Move Item 16K4 to 12C: Recommendation to authorize the County Attorney to advertise and bring back for Board consideration an Ordinance establishing the Habitat Conservation Plan Advisory Committee to assist the Board of County Commissioners in determining the feasibility of developing and implementing a habitat Conservation Plan to protect red- cockaded woodpeckers in the North Belle Meade Overlay area. (Commissioner Fiala's request.) Time Certain Items: Item 100 to be heard at 11:30 a.m. Recommendation to adopt a resolution authorizing the condemnation of a fee simple interest parcel and a temporary construction easement parcel required for the construction of redesigned improvements to the intersection of Collier and Davis Boulevards. (Collier Boulevard Project No. 60092.) Item 10F to be heard at 2:30 O.m. Recommendation to approve actions required to complete the development of a comprehensive management plan for the Clam Bay Estuary. Item lOB to be heard at 3:00 o.m. Recommendation to award a construction contract in the amount of $34,977,999.18 to Mitchell & Stark Construction Corporation and reserve $4,207,000 on the purchase order for funding allowances, for a total of $39,184,999.18 for Bid No. 09-5287 Oil Well Road Immokalee Road to Camp Keais Road, Project No. 60044. (Commissioner Coletta's request.) Item 12A to be heard at 12:00 Noon: Closed attorney-client session to discuss settlement negotiations in the pending litigation cases of Craig Grider and Amber Grider v. Collier County, Case No. 08-7794-CA and Craig Grider and Amber Grider v. Collier County, Case No. 09-3164-CA. 12/15/20098:36 AM Item 12B to be heard at 1:00 o.m. For the Board to provide direction to the County Attorney regarding strategy related to settlement negotiations in the pending litigation cases of Craig Grider and Amber Grider v. Collier County, Case No. OB-7794- CA and Craig Grider and Amber Grider v. Collier County, Case No. 09-3164-CA. 12/15/2009 8:36 AM December 15, 2009 Item #2B and #2C MINUTES FROM THE NOVEMBER 3, 2009 - BCC/AUIR MEETING AND NOVEMBER 10, 2009 - BCC/REGULAR MEETING - APPROVED AS PRESENTED COMMISSIONER HENNING: I make a motion that we approve the November 3,2009, BCC/AUIR meeting, and November 10, 2009, BCC regular meeting. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Second? COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: Okay. Thank you. A second from Commissioner Coletta. 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: Thank you. And we shall move forward then. Item #3A EMPLOYEE SERVICE AWARDS: 20 YEAR ATTENDEES - PRESENTED MR. OCHS: Commissioner, that takes us to Item 3 on your agenda, service awards. We have one service award to present today Page 7 December IS, 2009 for 20 years of service. George Yilmaz, your wastewater director. George? (Applause.) CHAIRMAN FIALA: Thank you so much, Sue. Sue, our birthday girl. Hi, George. George, we just love all the service you offer us and your great attitude always. Between us and staff and everyone else in the county, thank you for your service. MR. YILMAZ: Thank you very much. CHAIRMAN FIALA: Thank you. COMMISSIONER HALAS: Congratulations. COMMISSIONER COYLE: Congratulations. Thank you very much. MR. YILMAZ: And sir, thank you. MR.OCHS: Photo. CHAIRMAN FIALA: Picture time. COMMISSIONER HENNING: Keep him straight. (Applause.) Item #4A PROCLAMATION CONGRATULATING THE COLLIER COUNTY PUBLIC UTILITIES DIVISION'S WATER DEPARTMENT FOR THE RECEIPT OF WATEREUSE AWARD OF MERIT. ACCEPTED BY PAUL MATTAUSCH, WATER DEPARTMENT DIRECTOR - ADOPTED MR.OCHS: Commissioners, that takes us to 4A, proclamations. Proclamation congratulating the Collier County Public Utilities Division's Water Department for the receipt of Water Reuse Award of Merit, to be accepted by Paul Mattausch, water department director. Paul? Page 8 December IS, 2009 (Applause.) Bring your guys up, Paul. CHAIRMAN FIALA: Paul was playing in the orchestra at the Living Tree the other day. I was watching you on the screen. You looked wonderful. You want to bring the rest of your guys up? MR. MATTAUSCH: Yeah. COMMISSIONER HALAS: Congratulations. COMMISSIONER COYLE: Congratulations. MR. MATTAUSCH: Would you come up, Steve? COMMISSIONER HALAS: Bring them all up here. CHAIRMAN FIALA: Thank you, guys. (Applause.) MR. MATTAUSCH: If! may, Commissioner, for just a minute. I'd like to recognize the project delivery team that was up in front with me, and there's a couple other people in the room that I'd like to recogmze. Steve -- Steve Messner is here. Steve is the Plant Manager. He's the person responsible for running this facility on a day-to-day basis after it was turned over to us. Curt Pfeffer is here and Albert Mameese (phonetic) is here from Hazen and Sawyer. They were our consultants and the engineers on -- the design engineers on the project. Ron Dillard is here. Ron was the Project Manager from Public Utilities Planning and Project Management for the well field portion of this project, which was a significant part of the project producing raw water to the reverse osmosis water treatment plant. And Phil Gramatges is in the room. Phil is the Director of Planning and Project Management. Phil was responsible for the project management of the water treatment facility itself. And also Jim DeLony is here. Jim is the Public Utilities Division Administrator, responsible for keeping this whole -- keeping this whole plan together. Jim, thank you. Page 9 December IS, 2009 I just want you to know -- and some of you have been in this facility -- this facility received this award. This is a -- this is very significant, actually international recognition of the reverse osmosis water treatment facility that we have. And I just want you to know what we have here in Collier County has been recognized nationally and internationally. We held the American Membrane Technology Association conference here in Naples last summer, and the reason why that -- that group came to Naples was because of the types of facilities that we have here. Normally they are in venues like Las Vegas and Anaheim, but they hosted their international conference here simply for the fact that we operate two reverse osmosis water treatment facilities. And as of this month, December of2009, we have been operating reverse osmosis facilities for ten years. That's a decade worth of producing water using alternative water supplies, taking the stress off of the freshwater supplies and being environmentally aware and being good stewards of our resources. And I just want you to know that the 20-million-gallon-a-day facility that received this award is one of actually fewer than a handful of facilities of this size on the North American continent, and we are -- we are proud to have that here and your foresight as a board to do the right thing and remain in the forefront in producing high-quality drinking water. And I want to thank you for that. CHAIRMAN FIALA: Oh, my goodness. That's just wonderful. (Applause.) CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I think we shouldn't stop there, Paul. I think the public needs to understand what our utilities department has done here with respect to reverse osmosis water treatment. You can get water out of the ocean and run it through a reverse osmosis treatment system, and that is very expensive. But knowing Page 10 December IS, 2009 that our underground freshwater aquifers had limited capacity, our utilities department devised a plan to drill deep wells down into brackish aquifers so that we wouldn't draw water from our freshwater aquifers, and we would treat the brackish water using the reverse osmosis system. Now, what that did, it not only saved the taxpayers tens, if not hundreds, of millions of dollars for the cost of using saltwater directly out of the ocean, but it extended the life of our freshwater aquifers, and today our utilities department is supplying the treated reverse osmosis water, and that represents about 50 percent of our entire freshwater supply in Collier County. Most people do not know that we have reverse osmosis systems in Collier County. And, yeah, the board approved a lot of that, but you guys are the ones who came up with the idea of doing it in a way that is most cost effective for the taxpayers of Collier County. CHAIRMAN FIALA: Well said, well said. MR. MATTAUSCH: Very well stated. And if} might add one thing. The water that we deliver today to our customers, approximately one-third of that water, the total water picture that we deliver, comes from freshwater supply; another one-third of it comes from that brackish water, deep water from reverse osmosis; and another third, one gallon out of every three, is reclaimed water that we are redistributing for irrigation, and that -- that whole picture together has -- has effectively utilized the resources of Collier County. And I can say that we really lead the nation in water resource using. CHAIRMAN FIALA: I'm so glad we did this this morning because, as Commissioner Coyle said, many people are not even aware that we have reverse osmosis. I can't tell you how many letters we five commissioners get all the time saying, why don't you do reverse osmosis? Well, you know, we keep telling them we've had it for many years. So I'm glad we had this presentation this morning. Thank you very much. Page 11 December IS, 2009 MR. MATT AUSCH: Thank you. CHAIRMAN FIALA: And before we go further, County Manager, I meant to mention as we were -- as we were talking about the agenda, that under agenda Item 10C, I plan on bringing up the Marco Museum request under your item for disclosure of all the different funds that we have available, and I think -- I think that was a recommendation by somebody that I just mention that at the beginning of the meeting, so I have done that. And -- oh, I wish Marla were here. Is Marla Ramsey in this audience someplace? No. Are we going to give her an award for them being nominated, or rather accredited? Let me tell the audience this. Out of -- there are -- out of all the cities and the counties across the United States of America who have requested to be accredited, we, Collier County, are one of only 88 departments across the entire United States of America who have received that accreditation. And let me further say, there were only 144 criteria to be met. We met every single one of them, ] 00 percent, 144 points. And I'm just so proud of our people in parks and rec. ] wish Marla was here so I could tell her. I at least want to tell the audience. MR.OCHS: Thank you very much, ma'am. CHAIRMAN FIALA: Thank you. MR. OCHS: Appreciate that. CHAIRMAN FIALA: We should give them an award. MR.OCHS: We will, we will. We'll get it scheduled. Item #5A PRESENTATION ON BUILDING A MORE DISASTER RESISTANT COMMUNITY BY JEFF JOHNSON, EXECUTIVE DIRECTOR OF RETROFIT SOUTHWEST FLORIDA, INC - PRESENTED; MOTION FOR STAFF TO PREPARE A Page 12 December IS, 2009 PROCLAMATION AND DIRECT STAFF TO LOOK INTO USING HOUSING FUNDING TO ASSIST WITH PROGRAM - APPROVED MR. OCHS: That takes us to presentations this morning. The first presentation is SA. Presentation on building a more disaster resistant community by Jeff Johnson, executive director of Retrofit Southwest Florida, Inc. And that doesn't look like Mr. Johnson. I'm sorry . MS. DUSEK: He's not -- he wasn't able to make it this morning. I'm Bobbie Dusek. And good morning, Commissioners, County Manager, County Attorney, and staff, and thank you for allowing us to come this morning and make this presentation to you. This past January I was at a meeting in Orlando, and I heard about a program that they did in Pensacola, Florida, called Rebuild. This was a program set up by the citizens of Pensacola to rebuild homes that had been devastated by Hurricane Ivan. I was so impressed with this program that I came back to Collier County, I spoke to several citizens, and they were excited about doing something in Collier County. And I'mjust going to interrupt myself right now to say, I am so proud of this county for the things that I've heard just this short period of time this morning. We have the best county in the country, and I am so proud of them. Well, having said that, we organized a group called Retrofit. Retrofit is a pre-disaster program. We're being proactive. The program in Pensacola was post-disaster. The program in Pensacola worked with FEMA. FEMA gave them 75 percent of the costs to rebuild those homes. Now, with Retrofit Southwest Florida, we want to go in and retrofit all homes in Collier County which qualify, we want to bring Page 13 December IS, 2009 them up to a category three hurricane status. We have been in touch with FEMA. They are very excited that we want to do this in Collier County. They, again, will be willing to pay 75 percent of the costs. The other 25 percent would be paid by the homeowner. And if a homeowner is unable to pay the 25 percent, then we will look forward to getting grants, public and private funding. We have organized, we are incorporated, we are a 501 C3 non- for-profit organization, and we're just coming today to ask you for your endorsement of this program. We already do have some endorsements, and one of the main endorsements that FEMA said we had to get was from the emergency management department. We have met with them on several occasions and we now have their endorsement. And you'll be hearing from them, I hope, after we give our short presentation, because they are also very excited about this. And one thing to keep in mind, this is just a win-win for everybody because it makes the homes safer for people, it's at no cost to most people, and for every dollar that's put into this program, $4 is returned in the emergency management program for evacuating and whatever has to be done after a hurricane. And as I said, we are trying to do it before we have a disaster and, therefore, we're looking to getting the endorsement of the commissioners. And obviously, we're looking for some funding as well so we can get the program started. And that's the basis of it. We'll be happy to answer questions, but one of our board members is going to give a PowerPoint presentation for you to see, kind of summarizing what I've just said today. CHAIRMAN FIALA: Okay. We just have a few minutes left. Will you be -- MS. DUSEK: Okay. CHAIRMAN FIALA: Okay. Thank you. MR. JONES: Good morning, Commissioners. Thank you very much for allowing us to make this presentation to you this morning. Page 14 December IS, 2009 As Bobbie mentioned, this is truly a win-win situation for the homeowners of our county, for our county economy in terms of the jobs it's going to create, and also for our local government because permit fees will be paid for each house that we undertake to harden. So I'd like to start out just with our -- briefly with our goal, to build a more disaster-resistant community consistent with each local emergency management mitigation plan. And I can't go further without thanking Dan Summers who got onboard with us early on in our organizational meetings and helped us and gave us guidance throughout the process and also his endorsement. Thank you for that, Dan. The benefits of wind mitigation are starting to become more known as people realize how it can impact their individual insurance rates. But what we want to do is we want to make homes safer from any type of high windstorm. We want to reduce the likelihood of damage, and we want to reduce the likelihood of displacing homeowners from their homes to shelters and evacuation routes. We also want to significantly decrease the homeowner's recovery time following a storm. It's a lot easier to take down shutters than to replace your roof. The benefits of wind mitigation, as Bobbie mentioned earlier, are well established. Every dollar we spend on mitigation and prevention, we save $4 during a disaster, and that's significant and I think one of the reasons that FEMA is leaning more toward giving money pre-disaster to prevent the high expenditures of a post-disaster recover. The other thing that we can't emphasize enough is the impact on our local economy. This is going to create jobs. This is going to require the normal permitting process with permit fees, and it's also going to provide work for the building supply people who will have to supply the building materials to harden these homes. There we go. I'll go to that one. Retrofit is, as Bobbie mentioned, a 501C3, not-for-profit organization. We're doing this to Page IS December IS, 2009 help the fellow citizens of our county. Also, thanks to Dan's direction, he suggested that we expand our scope to include eventually other counties on our borders, both from a funding impact and from the ability to expand the good we can do for our citizens into other counties. But we want to focus on Collier County to start with. That's where we are all from, and we want to make it work here first. We want to provide this service directly to homeowners who will apply to our organization. And we will take care of submitting the information to FEMA, getting the credits back, and getting the work done. Typically we try to do this in 30 days from the start of the application and approval by FEMA to the complete hardening of each home. And, again, we want to compliment local mitigation strategies in the process. So we just take a look briefly at the economic impact. Obviously we reduce homeowners' damages and stress, we reduce the disruption of the community, required to repair and fix homes that are damaged during storms, obviously sheltering and housing costs. We're going to create, as we've mentioned, jobs in the community. We're going to generate fee and sales tax revenue and hopefully lessen the impact on our state treasury, especially our famous CAT fund, which doesn't have the money to pay for all these damages. CHAIRMAN FIALA: Are you close to completing this? MR. JONES: I am. CHAIRMAN FIALA: Okay. Thank you. MR. JONES: Okay. Just real briefly, as Bobbie mentioned, we are modeled after an organization in Northwest Florida that's up and running. They've gotten over $20 million from FEMA. They've hardened over 4,000 homes. So we aren't starting from scratch. We're planning to get their software, their application process, and their connections to FEMA so that we can be up and running much more quickly. We've been through most of this, so we'll just move on, other Page 16 December IS, 2009 than to point out that the program has created 120 full-time jobs, 7,000 per week in local permitting fees, and 5,000 per week in sales taxes. That's been the impact up in the Panhandle. We won't spend a lot of time on this, but this basically says that what we do is typically about 6- to $8,000 per home. The first thing we do is we strap down the roofto make sure that it is secure. Those are primarily homes that are prior to 2002 where the construction codes meet category three or better. We replace exterior doors, especially those that open in. Garage doors are an important part of hardening a home, because once you lose your garage door, typically you lose your roof. We do window protection primarily in the form of shutters, and then for those roofs that have gables, we brace the ends so that the wind can't come in and lift the roof off. What are we looking for today? We are looking, hopefully, for your endorsement which will help us to go out into the private sector and the public sector and try to raise enough money. We'd like to do eight to ten homes so that we can get our processes and our local permitting, inspection. We can get all those bases covered. Prior to getting any significant funding, we want to show we can do it, and hopefully we'll be ready when disaster money comes to us, hopefully sometime next year. Thank you very much. CHAIRMAN FIALA: Oh, just stay there for a minute, because I have a couple commissioners wanting to ask questions. Commissioner Halas? COMMISSIONER HALAS: The term funding entered into the language, and I'm wondering what our obligation or requirements would be, being the county. MR. JONES: You know, we are -- obviously money is very tight right now. We would like to really -- we're going to start to go out into the private sector and try to raise some funds to get this operation Page 17 December IS, 2009 started. We're looking -- COMMISSIONER HALAS: I would encourage you very much to go that way. Obviously we have some real concerns on meeting our budget requirements in the upcoming year. So I'm glad to hear that, and I hope anything that I can do to help stimulate private money to help enter into this, I think, is great. MR. JONES: We hope so. And we think your endorsement will help us a great deal with our credibility to go to local private sources and see if we can get our money started. COMMISSIONER HALAS: Thank you. You had a very nice presentation. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. It's a shame that we had to rush through this. The positive impacts of this newly formed organization, volunteer organization, is a true benefit to our citizens in Collier County. Hardening homes would not only keep people safe, but also our community rating would be increased. I don't think it would -- that was really mentioned. Actually, I would like to make a motion to direct our staff to prepare a proclamation supporting the organization, also direct staff to look at the possibility of using CDBG funds or those home funds for something of this nature, hardening homes. We do it anyways, right? MR.OCHS: Yes. COMMISSIONER HENNING: So why not -- why not uses those -- see if we can use that for the general community. I understand Commissioner Halas' concerns about using, I would assume, property tax dollars because of the shortfalls that we have, but if this organization is going to be using federal funds for hardening homes, and we should encourage that, because isn't it better to be proactive than reactive in this case? I think so. MR. JONES: One thing I might add is that the homeowners individually have experienced at least a 40 percent decrease in their Page 18 December IS, 2009 insurance premiums after they go through the hardening process. COMMISSIONER HENNING: And more they can spend in the community, correct? MR. JONES: Correct, and quicker they're paid back. COMMISSIONER HENNING: So that's my motion, Madam Chair. CHAIRMAN FIALA: Would you state the motion one more time, please? COMMISSIONER HENNING: The motion is to direct our staff to prepare a proclamation endorsing the efforts of the organization, and separate from my motion is to direct staff to take a look at any available funds through the housing department for assisting the organization. CHAIRMAN FIALA: Do I hear a second? COMMISSIONER COYLE: I'll second it. CHAIRMAN FIALA: Okay. I have a second from Commissioner Coyle. Commissioner Coyle, you were next. COMMISSIONER COYLE: Yeah. Commissioner Henning stole my script. That was what I was going to suggest. But with respect to the -- to funding, I'd like to point out that whatever guidance we give the staff, it will have to come back to this board for approval, so that does not obligate the county to provide any funding at the present time because, as everybody knows, we're short, as Commissioner Halas has said. But I will support the proclamation, the motion, in its entirety. CHAIRMAN FIALA: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. And there's -- there's a whole bunch of great things about this that I'm very excited; going to put a lot of people to work as we go forward. But one of the things we're going to have to look at very carefully is, there's no, what do you want to call it, uncommitted funds out Page 19 December IS, 2009 there. It's a matter of establishing priorities when it comes down to where funds are applied and where they're not applied. At this point in time, a good amount of the funds that we have taking place are being spent on the conversion of foreclosed homes into homes for people to use. So when we get into the discussion, when we bring this back for discussion -- I think it's worthy for discussion -- we have to keep in mind the fact that where's the balances going to take place in here? What's going to be best for the community as a whole? Get a report from where we are with the foreclosed housing situation, what kind of funds were available, are available. We recently put a cap on any further money going from our impact fees towards the affordable housing effort after this last batch. So we want to be careful that we don't get to the point that we completely neuter the affordable housing programs. But I'm sure staff will come back with quite a few recommendations. CHAIRMAN FIALA: Okay. And I had a question. And maybe Dan could come up. I can see him kind of waiting in the wings anyway. It looks like he's in the batter's cage, right? MR. SUMMERS: Yes, ma'am. Warmed up. Dan Summers, Director of the Bureau of Emergency Services, Emergency Management. Briefly, we are -- our local mitigation working group has met with this organization. We're real excited. I worked some of these initiatives previously in North Carolina. They can be very beneficial. They can also address other weatherization issues as well, such as energy. So that's one source of funding. Real quick about the mechanics. Understand, please, that the Stafford Act, which is our Disaster Recovery Act, allows the regional or FEMA administrator to contract directly with a private nonprofit. So all -- I want to make sure that we're -- that you understand that there's a lot of compartmentalization with these funds. Page 20 December IS, 2009 So as they look for FEMA pre-event funding to get some retrofit done, that's a direct relationship between FEMA and the organization or other community-based resources. I will tell you that FEMA has told us now that they are not going to engage in activities where properties are in foreclosure as part of their housing stock unless they're like HUD- or V A-owned properties. So I want to just make sure that you understand that we compartmentalize for wind retrofit primarily occupied residents, housing stock. Vacant homes and foreclosure right now FEMA is not going to engage in that environment. It's too much paper and it's too challenging. And then, of course, if we get into a post-disaster environment where we're doing repair of housing stock as part of that repair, then there will be additional mitigation activities, again, that this organization can help with. So just understand that it is a little bit sallowed because of the way that FEMA is set up, the way some of the other housing programs are set up. We'll work with that. We're excited to see them come forth. And I'm a pretty good bloodhound, so I've been looking for funds out there. We haven't come across anything yet. It's a tough time for them to do startup, but if they can get up and running, get those federal dollars in, get some of these programs going or go to the community for some assistance, it will be a great thing. So we look forward to working with them in part of our overall mitigation strategy. Thank you. CHAIRMAN FIALA: Sounds like a win-win to me, doesn't it? We 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. COMMISSIONER HALAS: Aye. Page 21 December IS, 2009 CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: That's a 5-0. Thank you. And thank you for working with them, Dan. We really appreciate it. I'm sure if anybody can find some of those funds hiding around there, you will. Thank you. Thank you. And thank you for bringing this forward to us. I'm sorry that I had to move it along. MR. JONES: That's all right. CHAIRMAN FIALA: Thank you. Item #5B PRESENT A TION OF NA TIONAL ASSOCIATION OF COUNTIES (NACO) ACHIEVEMENT A WARD TO THE COLLIER COUNTY CODE ENFORCEMENT DEPARTMENT FOR THEIR BLIGHT PREVENTION PROGRAM - PRESENTED MR.OCHS: Commissioners, 5B is a presentation of National Association of Counties Achievement A ward to the Collier County Code Enforcement Department for their Blight Prevention Program. This will be accepted by department director, Diane Flagg, and the entire code enforcement staff. MS. FILSON: And Madam Chairman? (Applause.) CHAIRMAN FIALA: Hi, how are you. Thank you for all your work. Thank you. You guys are just wonderful. There's so much to do in my community, and you guys just do it so willingly. Where's Diane Flagg? Diane, we're going to pass this up because this is what you have to -- Page 22 December IS, 2009 MS. FLAGG: Hand it to Mario. CHAIRMAN FIALA: Huh? Okay, okay. COMMISSIONER COLETTA: Are you in the picture, Donna? CHAIRMAN FIALA: I'm going to go like this. COMMISSIONER HENNING: Yeah. (Applause.) MS. FLAGG: Commissioners, briefly, before everyone goes, good morning. Diane Flagg, Director of Code Enforcement. I just kind of wanted to give you a brief update on where we are. In Collier County, since January of2008, there's been 15,555 foreclosures filed in Collier County. Since the Blight Prevention Program has started, which is -- it's just over a year old. Last month was a year since the commencement of the program -- the banks, the banks, have expended one million, one hundred -- five hundred seventy-four dollars in Collier County to abate 803 code violations. So again, this is the banks spending the money to keep Collier County the way that we've always known Collier County to be to prevent blight. Additionally, the department's receiving more than 100 new cases every week. I would also like to thank our community and agency partners who are very effective in making the community task force team successful. And lastly, we'd like to thank Mario Bono who's the gentleman holding the plaque that the department received from the National Association of Counties for the National Achievement Award for this Blight Prevention Program. Mario was recently hired by Bank of America -- COMMISSIONER HENNING: What? MS. FLAGG: -- to replicate the program, the Blight Prevention Program in Collier County, to replicate it in the states of Florida, Georgia, and Alabama. CHAIRMAN FIALA: Wow. Page 23 December IS, 2009 MS. FLAGG: So that's a testament to the program. And, Commissioners, most of all, we thank you for your support for the code enforcement department. (Applause.) CHAIRMAN FIALA: I want to tell you this code enforcement department is wonderful, and we all appreciate what they do for our community. They've got the toughest job of all, don't they? And you guys are all smiling. You are just wonderful to work with, and we all thank you very, very much for all your hard work. And Diane, thank you for leading them so well. Thank you. Good to see you, Mario. MR. BONO: Nice to see you guys. COMMISSIONER HENNING: Congratulations. I hope we see you in the future. MR. BONO: I'm sure you will. CHAIRMAN FIALA: It's always been a pleasure. Yeah. We work well together. Diane, great leader. COMMISSIONER HALAS: Madam Chair, we need to go back to item number four. I make a motion that we approve today's proclamations. COMMISSIONER HENNING: Second. CHAIRMAN FIALA: And a second. Thank you. Thank you very much. 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: Thank you. Page 24 December 15, 2009 Item #5C PRESENTATION OF THE POSTHUMOUS ADVISORY COMMITTEE OUTSTANDING MEMBER A WARD FOR THE MONTH OF NOVEMBER 2009 TO CHARLIE ABBOTT. ACCEPTED BY MRS. LINDA ABBOTT - PRESENTED MR.OCHS: Commissioners, that takes us to 5C, which is a presentation of a posthumous Advisory Committee Outstanding Member Award for the month of November, 2009, to Charlie Abbott, to be accepted by Mrs. Linda Abbott. (Applause.) MRS. ABBOTT: Thank you. Thank you so much. COMMISSIONER HALAS: Congratulations. COMMISSIONER COYLE: Good to see you. We miss him. CHAIRMAN FIALA: He was a great guy. Good sense of humor. Always -- always there with the history stuff. He and the kids were out there with the civil war stuff. It was so cute. COMMISSIONER HALAS: We'll get a picture. (Applause.) MRS. ABBOTT: I asked if I could just say thank you personally. It's an honor to be here on Charlie's behalf because I can't tell you how thrilled and pleased he would be to be recognized and how much he loves Collier County. And. Loved being on the DSAC committee. And the members of DSAC are here and members from CBIA. And he loved all of you, and it was just, every day, a pleasure for him to try harder to try to contribute more. And I know he's thrilled and so grateful. Thank you. (Applause.) Item #5D Page 25 December 15, 2009 BCBE CONSTRUCTION CO., INC. PRESENTATION ON GOODLAND BOAT PARK PROJECT - PRESENTED MR.OCHS: Commissioners, 5D is a presentation by BCBE Construction Company on the status of the Goodland Boat Park Project. Mr. Clint Perryman from your Coastal Zone Management Department will begin presentation. MR. PERRYMAN: Good morning, Commissioners. For the record, Clint Perryman, Coastal Zone Management Department. I'm here to introduce and present to you the contractor, BCBE, being represented by Mr. Henry Ashton, and he's going to take you through a PowerPoint presentation of the Goodland Park Boat Project. With that said, Henry Ashton. MR. ASHTON: Good morning, County Commissioners, county attorneys. Let's try that again. Good morning, everyone. My name is Henry Ashton. I represent Boran Craig Barger Engel Construction Company . We're based here out of Naples, Florida. And first off I just wanted to say thank you for the opportunity to do this project for Collier County. We're actually doing the security lobby addition downstairs also. We've had the pleasure to work with the team for Collier County for coastal management, Clint Perryman, and we've also had the pleasure to work with Hank Jones and Bob Pierce on the security lobby. I wanted to thank my team over at the job site, Angel Napolis (phonetic) and Chuck Anders and Harry Engel and Melvin for the support that we've had throughout the life of the project. Now, with that said, the project itself is located in Goodland, Florida. I don't know if you guys are familiar with what Goodland, Florida, is, but it's a neat little community. It's southeast of Marco Island. If you have not gone there, I highly recommend that you do. It's definitely an interesting neighborhood, and we're actually really Page 26 December 15, 2009 excited about the project. I know that the locals, as they've seen the progress of the project, they have become positive believers of all the positive that this project will bring to the area. The slide that you see up on the screen right there, that's actually an aerial photograph. It has a super-imposed image of what the project will eventually look like once it is completed. Right now we're projecting completion March of 20 1 0, which is not too far around the corner. I'm going to move along with the presentation. Again, I'm Henry Ashton. I am the project manager. I did do the estimate on the project. I'm very much involved in the project. I attend the weekly meetings with Clint and the rest of the team. The design consultant is Johnson Engineering. Their project manager is Chris Hagan. The client is Collier County Coastal Zone Management Department, and the project manager is Clint Perryman. The project scope, the site development, it's basically the site development ofa 5.22-acre parcel, and it includes the following: It has a -- 75 boat trailer parking spaces, which you saw in that previous aerial shot; it has 16 regular vehicle spaces; it does have a two-lane boat loading ramp; there's a boat dock with a viewing deck; a fishing deck; handicap access boat ramp; finger pier with 12 wet boat slips; 11 wet slip docks. There is a dockmaster facility being constructed -- we're actually in the process of constructing that structure right now. It's turning out to be quite nice -- which includes the bait tanks. It has a small store, retail store, where people can purchase miscellaneous items, and it does have rest room facilities and a meeting area in case they want to conduct any meetings at the dockmaster facility area. There's also a picnic pavilion. It's a covered structure where people -- there will be picnic tables located inside that structure, and people can have small picnics at that location. There are bicycle racks, Page 27 December 15, 2009 and there is a paver sidewalk that basically surrounds the entire site so people could walk the whole area. There are landscaping improvements involved which, again, will beautify, make the area much prettier, and there are storm and water management components that we are adding to the project as part of the scope of the work. The project milestones. The conditional use was issued on March 23,2005. The DEP ACOC permits, their dates of issuance was October 15,2008. The SDP was issued on January 29, 2009. The NTP date of issuance was March 16, 2009. Right now we're currently at about 60 percent complete, as of November 25, 2009. And the projected date of completion, again, is around March 6,2010. This slide right here shows an aerial photograph when we were doing the site clearing. You can see the water areas along the left-hand side where you see the mangrove vegetation. There's also going to be a slide further along in the presentation that will actually show all the -- all the docks and the piers that have been installed from when this shot was taken. You can see some of the neighboring residences, the residences. We're well acquainted with all of them and, again, they've all been very supportive of the project. This shows a conceptual rendering of a dockmaster building and picnic pavilion. It's a plan view. It kind of gives you an idea of what this building will look like once it's fully constructed. It shows the retail space, the meeting areas, the rest rooms, and adjacent to the right, that's the picnic pavilion. It's approximately 4,500 square feet. These show -- this slide here shows the elevation of the dockmaster and the picnic pavilion. As you can see, it's a neat little building. It does have a standing metal roof. It has Hardie board siding, it has wood decking all throughout. It's a neat structure. If you get a chance, take a ride out there. I would recommend it. It's -- you can see the progress that we've made. Page 28 December 15, 2009 This is a plan view showing the boat dock, the boat slips, and the boat ramp. We've highlighted in green to kind of give you an idea of where the docks are, the boat slips. This is a landscape plan showing the landscaping components that are being added to the project. This is the SOP site plan showing the different components that were part of the SDP approval process. And this photograph here is the current aerial photo, and it shows the job progress at 60 percent complete. You could actually see the dockmaster facility under construction. That's actually already been -- we actually got our truss inspection yesterday, so we are actually moving forward with the installation of the standing seam metal roof on that structure. The picnic pavilion is 100 percent complete, and you can see some of the retention ponds in the bottom left-hand corner and some of the other components coming into place. And that's it. Thank you very much. CHAIRMAN FIALA: Thank you. MR. ASHTON: Appreciate it. CHAIRMAN FIALA: A couple questions. Commissioner Henning? COMMISSIONER HENNING: Just one correction. The client is the Board of County Commissioners on behalf of the citizens of Collier County. MR. ASHTON: Thank you. CHAIRMAN FIALA: And Commissioner Coletta? COMMISSIONER COLETTA: Yes. This has been a long time coming. I can remember when this was originally designed to be a condominium site. Remember that? CHAIRMAN FIALA: Oh, yeah. Oh yeah. COMMISSIONER COLETTA: And we refused them, they took us to court, we made a settlement where we bought it with the support Page 29 December 15,2009 of the residents in the area. Long, long time coming. And I can't tell you how pleased I am. I do have one question, and it's a minor one that you might not even know the answer. But how are they going to handle the cleaning the fish when people come back from fishing; how are they going to be able to do it at this site? MR. ASHTON: I'm glad you asked that question. We're actually going to have a fish-cleaning station directly next to the dockmaster facility . COMMISSIONER COLETTA: And there'll be water? MR. ASHTON: Yes, yeah. COMMISSIONER COLETTA: Wonderful. CHAIRMAN FIALA: Is that the fish-cleaning station where it goes down, or is it the -- the vacuum one, or which kind of fish-cleaning station is it going to be? MR. ASHTON: I'm going to defer that question. It's a fresh one. COMMISSIONER COLETTA: I'm sorry. One more time. MR. PERRYMAN: Again, Commissioners, Clint Perryman, for the record. It will be the first one, Commissioner Fiala, where the fish carcasses will go directly in the tube underneath the water, and consistent with DEP guidelines. COMMISSIONER COLETTA: Yeah, that's wonderful, because I -- for a while I know we had a little bit of a run-in over what was acceptable and what wasn't, and they removed them from all the county parks, boat parks, and recently have reinstated them, and I thank you for that. Today I'm going to be speaking to the Naples Fishing Club at their annual Christmas banquet, and this subject will be of great interest to them, and I'll share the good news. Thank you. CHAIRMAN FIALA: Maybe you could get some of the pictures to take along. Page 30 December 15, 2009 COMMISSIONER COLETTA: Sure. I would love that. MR. ASHTON: Absolutely. COMMISSIONER COLETTA: Make my presentation a little easier. I hope nobody listened to it that's going to the banquet tonight, or else it will just be a repeat of everything you said, and I want to be original. Thank you. CHAIRMAN FIALA: Thank you very much. MR. ASHTON: You're welcome. Thank you. Item #6A PUBLIC PETITION BY PATRICK WHITE DISCUSSING GMP A CP-2008-3, FOR NAPLES CHRISTIAN ACADEMY AND GOODWILL INDUSTRIES - DISCUSSED; MOTION TO MOVE ITEM TO THE IMMOKALEE AREA MASTER PLAN CYCLE AND PETITIONER TO PAY FOR ANY ADDITIONAL ADVERTISING COSTS - APPROVED MR.OCHS: Commissioners, that takes you to public petitions. 6A is a public petition request by Patrick White to discuss Growth Management Plan amendment CP-2008-3 for Naples Christian Academy and Goodwill Industries. MR. WHITE: Good morning, Madam Chairman, Commissioners. I wish you the happiest of holidays to you and yours, and take this opportunity at the end of the year to thank you-all for your service to the community throughout. Patrick White with the Naples office of the law firm of Porter, Wright, Morris, & Arthur. Item 6A is the public petition request to have our item on the current '07/'08 master plan for Golden Gate moved from the '07/'08 cycle to the Immokalee Area Master Plan's timing for its cycle. The purpose for the request is to afford us time to work with the Page 31 December 15, 2009 Golden Gate Area Civic Association Board and its membership on the issues of concern to them, that notwithstanding the two neighborhood information meetings we've had, we believe that in order to address things that are of concern, we can do that in the time frame afforded by moving this to essentially mid February date. We see the mid date -- mid February date of the 16th for the Planning Commission not being in conflict with the Immokalee Area Master Plan as what we would envision is, we would actually be carried over from that date to March I st, which is the rollover date that the Planning Commission already has on its schedule. We're appearing today at the request of the staff to come and get your approval, seek your indulgence, to move this -- to move our petition into the Immokalee Area Master Plan cycle timeline. We would not be heard at the same time as the Immokalee Area Master Plan. They would be heard at distinctly different times, such that if the Planning Commission desired to have its workshop tomorrow out in Immokalee, they could do so. Additionally, we believe that the additional couple of weeks will afford us some needed time to work with the neighborhood association. I represent the petitioners here, of course, which are Naples Christian Academy and Goodwill Industries. Bill McDaniels is here today from Goodwill. I think it's a pretty straightforward request, but I'm happy to answer any questions you might have. CHAIRMAN FIALA: That's good because we have a couple. MR. WHITE: Great. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yes. If I may, Mr. Schmitt. I guess the question's simple, I mean, Goodwill has been an unbelievable asset to the Collier County community for many, many years. Anything we can do to keep moving them forward with their mission is always a positive; however, there's always concern. Will this -- is this a doable thing? Is this something that we can Page 32 December 15,2009 do without impacting the Immokalee Master Plan and the completion of it? MR. SCHMITT: For the record, Joe Schmitt, community development, environmental services division. Answer your question, yes. COMMISSIONER COLETTA: You don't see any problem? MR. SCHMITT: No problem. We've already coordinated with Mr. White. The next meeting where the public -- the public hearing will be advertised is February 16th. His petition would be part of that public hearing -- now I'm going to say the confusing part -- but it wouldn't be heard actually on the 16th. We would delay his until the regular meeting on the 18th of February, continue it because the Immokalee Area Master Plan public hearing for the Planning Commission is going to take place in Immokalee. We're not going to ask Mr. White and his clients to come out. We'll just continue it to the 18th. But we've already been coordinating, my staffs already been coordinating with Mr. White. We would just include this petition in that cycle. It's simply nothing more than customary to ask the board to allow the cycle to be open to allow this petition to be inserted into the Immokalee Area Master Plan. COMMISSIONER COLETTA: I make a motion that we do so. MR. SCHMITT: And I do want to -- for the record, Mr. White, if he would state on the record he agrees to pay for any additional advertising, because most likely we will have to advertise this petition in a separate advertisement as part of the required advertisement for the GMP amendments. MR. WHITE: We certainly would agree to do that, Madam Chair and Commissioners. We realize there's a small credit we get because we're not part of the advertising process for '07/'08. But whatever those additional costs are for an independent quarter page ad is what we've been informed by staff would be necessary, gladly pay. Page 33 December 15, 2009 COMMISSIONER COLETTA: I include that in my motion. CHAIRMAN FIALA: Okay. Do I hear a second? Second. Okay. We have next -- I'm sorry. Commissioner Halas? COMMISSIONER HALAS: Yes. I'm glad that, Joe, you're still up there. I've got some questions on this. Patrick, were you in a cycle before you're asking for this particular amendment? MR. WHITE: The petition, Commissioner, is currently in the '07/'08 cycle -- COMMISSIONER HALAS: Yes. MR. WHITE: -- and that is the reason why we had had already two neighborhood information meetings. COMMISSIONER HALAS: Wasn't that taken care of before you started this process where you -- you were in line before; is that correct? MR. WHITE: We've been in line working this project certainly since '08. COMMISSIONER HALAS: Okay. And so what took place that now it's become an emergency on our part? MR. WHITE: I think the best answer to that is one that goes back to the circumstance that arose where there wasn't complete notice of all of the property owners within a thousand feet. COMMISSIONER HALAS: So that was -- MR. WHITE: When that took place -- COMMISSIONER HALAS: -- something that you didn't do due diligence on; is that correct? MR. WHITE: I don't think that's accurate, but I don't know that we want to get into a debate of whose job wasn't performed properly. COMMISSIONER HALAS: Well-- MR. WHITE: Suffice it to say that we ended up -- COMMISSIONER HALAS: What I'm getting at is, as you know, we've got a lot on our plate this year in growth management Page 34 December 15, 2009 issues. So I just want to make sure that it wasn't something that we are guilty of -- we, the county -- that's held up your process here. And if it's something that you did because you didn't do due diligence on and now want forgiveness, I've got some concerns about that. MR. WHITE: 1-- MR. SCHMITT: Can I? MR. WHITE: I'll defer to Mr. Schmitt -- MR. SCHMITT: Commissioner, I think this is in the best interest of the community. Pat White had an additional -- him and his client had an additional neighborhood information meeting. A lot of issues came up. Rather than delay the cycle to await him and his petition, it's just as easy to bump this forward to the next cycle. But it was mainly because the residents, who I don't think were really quite attuned to what was going to happen until this actually -- began to see it in front of their face and -- sort of with the calendar and the time frame, and it was -- frankly, this is -- this is a good thing, probably not for staff because we're going to help move this forward, I mean, from a standpoint of having to bump it into another cycle, but good for the community and good for the residents to provide input to Mr. White and his client so that they can formulate a GMP amendment that will be compatible and certainly conform to the interests of those in that -- in the surrounding community. MR. WHITE: Commissioner-- COMMISSIONER HALAS: You understand where I'm at on this -- MR. SCHMITT: Yes. COMMISSIONER HALAS: -- because of the fact that we've got less staff and also that, on our plate, is an awful lot of items that are going to be coming up in the coming year. What I don't want to get the staff and the Board of County Commissioners in is where everybody's going to rush in here and say, hey, by the way, I want to slip this in and I want to slip that in, okay. Page 35 December 15,2009 I can understand the situation, but I hope that we're not getting ourselves in a position where people are concerned about what may come up on the 2010 ballot and all ofa sudden come to us and say, we want to get in the cycle and we want to insert ourselves in with someone else. That's where I'm getting at. MR. WHITE: Commissioner, ifl understand the intent of your comment, we will actually fall on the other side of that ballot initiative if we stay on this track with the Immokalee Area Master Plan. So that is not the basis for the request. COMMISSIONER HALAS: Okay. All right. Thank you for correcting that. MR. WHITE: And in fact, we have performed all of the tasks that we were aware of we needed to do at the times that they were required to be done. COMMISSIONER HALAS: Okay. CHAIRMAN FIALA: And Commissioner Henning? COMMISSIONER HENNING: Mr. Schmitt, I'm -- it's my understand that the applicant has failed to do a proper needs assessment for commercial by not including the redevelopment area of Santa Barbara, and I need to -- I need to know what impacts it's going to be on that redevelopment area. Well, it's not a redevelopment, but it's an overlay. MR. SCHMITT: Yes. COMMISSIONER HENNING: Right. MR. SCHMITT: I think it's best not to debate that issue here -- COMMISSIONER HENNING: I know that. MR. SCHMITT: -- because that will be a subject when it goes through the public hearing where we discuss and they present the needs analysis to support their petition. COMMISSIONER HENNING: Yeah. I just -- I'm looking for that information. MR. SCHMITT: Yes. We will provide that. When Mr. White Page 36 December 15,2009 submits his application and we prepare it for the public hearings, that will be part of the staff analysis. COMMISSIONER HENNING: Okay, thank you. MR. WHITE: Let me just say, Commissioner Henning, that to the degree there is a concern, we will find out what that concern is from staff, and we will address it at the earliest opportunity. CHAIRMAN FIALA: Okay. I have a motion on the floor and a second. Any further discussion? (No response.) CHAIRMAN FIALA: All 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: I have -- one opposed? Okay. Very good. 4-1 vote. MR. WHITE: Thank you, Commissioners. Item #6B PUBLIC PETITION BY ROBERTO MILLET DISCUSSING A PERMIT FOR CAR WASH ON PROPERTY LOCATED AT 4990 GOLDEN GATE PARKWAY - DISCUSSED; MOTION TO APPROVE A TEMPORARY USE PERMIT FOR THE SITE AND REVIEW IN 1 YEAR - APPROVED MR.OCHS: Commissioners, 6B is a public request by Roberto Millet to discuss permit for a carwash on property located at 4990 Golden Gate Parkway. Page 37 December 15,2009 MR. MILLET: Good morning, everyone. I just wanted to thank you for giving me the opportunity to come up here and speak about the permit that I'm looking for for my carwash. I just wanted to give a little history first. This building that we've owned since 2000 has been a carwash/drive-through convenience store since 1988. When we purchased it from the original owners, we continued the use of the business as a carwash and a convenience store, but we were forced to close in 2003 when my mom was diagnosed with cancer. You know, we maintained the property as much as we can. I just -- I was away at college, so I couldn't help with the family business, and my parents also had a flooring business. At the time the construction industry was booming, so we've focused on the tile alone. But in 2008, I decided to take full realm of the carwash and convenience store and re-open. I had no knowledge that by closing in 2003 we would -- that we had to continue the use of the license to be able to still use it as a carwash and convenience store. When I tried to re-open it, I had to go through a Site Improvement Plan to re-open. With our current economic situation, the drive-through business alone is struggling, so I just wanted to see if I can open the carwash again to pump some more income into my property, because as of right now I'm currently getting close to begin to foreclose my property because I'm -- like I said, the drive-through convenience store alone is just not working for me. So I wanted to see if you guys would help me with this, get a permit for the carwash as well. COMMISSIONER COYLE: Okay. CHAIRMAN FIALA: Thank you. Commissioner Henning? COMMISSIONER HENNING: Leo and I looked at this. The issue is, is the parking. There is not enough parking for the drive-through carwash. The property, as Mr. Millet has said, he's Page 38 December 15, 2009 always had a carwash, two-bay carwash and the drive-through convenience store. And as long as I lived in Golden Gate City, or since they built the facility, there's never been an overflow of parking because you're -- you know, you're driving through, getting a beer or whatever you get or, you know, you're in the carwash washing a car. My concern is in Golden Gate City, an economically depressed area, this is one of several buildings that may close because of the economic impacts. If the Millet family can make a go of it and keep it going with a carwash and the other ancillary facilities that goes along with it, I would like to know how we can provide assistance without having to go through a site plan amendment, since he'd done that two years ago; is that correct? Was it two years ago? MR. MILLET: Yeah, almost two years ago. COMMISSIONER HENNING: Maybe two years ago to open up the convenience store, the drive-through convenience. MR. MILLET: Yes, sir. COMMISSIONER HENNING: So I would like to see what we can do to put off a Site Improvement Plan because of financial difficulties. CHAIRMAN FIALA: Could I ask a question? Did he have one before with the carwash? Could he just bring that back and use that? COMMISSIONER HENNING: Well, staff is saying that you need extra parking for the drive-through/carwash. And I'm sure he can demonstrate that as the previous owner did, you know, the attendant at the drive-through was also the attendant for the carwash. MR. MILLET: That's correct. COMMISSIONER HENNING: But anyways, it's still a financial burden to do that, and I'm sure they can do that once, hopefully, the business is starting to thrive. So my request would be to delay some Site Improvement Plan and -- for a couple years. I would -- any body's guess at where the Page 39 December 15, 2009 economy's going to be. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yes. I'm going to probably ask you some questions, and then I'll go to -- revert to Joe Schmitt. MR. MILLET: Okay. COMMISSIONER HALAS: The carwash, when you bought this property, did you maintain it as a carwash? MR. MILLET: I sure did. COMMISSIONER HALAS: And then, is it still today functioning as a carwash? MR. MILLET: No, it's not. COMMISSIONER HALAS: And what is it -- what's it functioning as today? MR. MILLET: It's just now functioning as a drive-through convenience store. When we had to do the Site Improvement Plan, we weren't allowed to have the carwash. COMMISSIONER HALAS: Okay. And so what are -- what are you doing with the two bays today? MR. MILLET: They're just sitting there dormant. COMMISSIONER HALAS: Okay. Is that true, Joe, that the bays are dormant and all they need to do is just -- the equipment's still there? MR. SCHMITT: Again, for the record, Joe Schmitt. The issue was -- in front of you is the best that I can put on here right now, is the site plan. COMMISSIONER HALAS: Okay. MR. SCHMITT: The two bays for the carwash are right in this location, one of the parking spaces -- when this came in for -- it was converted from a carwash to a convenience store. When it came in for a drive-through convenience store and -- the drive-through entrance came through here, and the convenience store, and they drove out. There's parking along here. He already has an existing parking Page 40 December 15,2009 reduction for this site plan. The site plan was approved as a convenience store with no carwash. The two bays that are existing here were labeled as storage. And since we're talking about -- I believe his partner he was working with -- and there was a -- without getting into the details, we know there was a dispute between him and his partner or -- and they were doing some work in the bays, but they were cited by code enforcement for doing work that was not part of the original business. But he wants to open up these bays again for the carwash which would eliminate this parking, and all we would have to do again is review whether there's sufficient stacking and review the traffic flow through the site. That's just a simple process, again, of amending the site plan and, of course, that is costly. It could cost probably anywheres up to a thousand dollars to hire a design professional to redo and amend the site plan. But ifhe wants to open up the bays and, if! understand, have both the car wash and the convenience store -- I know he's been working with my staff for probably six months. My citizen liaison, Evi, you've been working with. Evi's been out on site. Evi Ybeceta's been out there, and I know he's been working with you, and we've tried to walk through the process. But unfortunately what the rules say is that he has to amend the site plan. If you want to waive that and provide staff guidance -- my concern, frankly, is -- are the issues with health, safety, welfare as far as enforcing of the code. It may be -- is there enough sufficient room for fire apparatus and other type of things. I just don't want to put the board in a position of being subject to any kind of retribution if something were to happen on site where the board approved it and waived the rules. I mean, that's -- COMMISSIONER HALAS: So are you telling me he's not -- he's going to keep the store open -- MR. SCHMITT: I don't know. I don't know if he intends to Page 41 December 15, 2009 keep the store open. COMMISSIONER HALAS: Is the store going to stay open? MR. MILLET: Yes, sir. COMMISSIONER HALAS: Okay. So you need to have so many parking spots for the store; is that correct? MR. MILLET: Yes, sir. COMMISSIONER HALAS: So you've already addressed that issue, and now you want to open up the carwash again -- MR. MILLET: That's correct. COMMISSIONER HALAS: -- and, therefore, you have to meet some of the requirements. What's the timeline of getting something like this done? MR. SCHMITT: Let me turn to Susan. It's her staff. She can -- MS. ISTENES: The timeline -- Susan Istenes, for the record, Zoning Director. Once it's submitted, it's really a one-page change, very simple. There's going to be two processes, so you're looking 30 to 60 days, Commissioner? COMMISSIONER HALAS: Can it be done any quicker than that? MS. ISTENES: I would say 30 days is going to be the minimum. COMMISSIONER HALAS: And what would be the cost of something like this? MR. SCHMITT: Well, the cost will be his cost to hire a design professional. That's something my staff -- I don't have a design professional on my staff to do that. And then the other one would be the parking -- he'd have to do an administrative parking reduction. MS. ISTENES: Sorry about that. COMMISSIONER HALAS: Well, my concern is, I just don't want to get ourselves in a situation where we circumvent codes, and then all of a sudden this becomes an avalanche. That's my concern. I understand the gentleman's concern, but I also realize that I'm here to, you know, support other people here in the county. And so Page 42 December 15,2009 we have a -- as somebody said earlier, we have a great county here, and I just don't want to get into a position where we start relaxing the code, and then all of a sudden there's other people that come in and have the same concern. I know it's a tight economics situation, but if we let this go for a couple of years and then he comes back, what's -- what are we going to gain out of this? MR. SCHMITT: I'm ready to help him out any way I can. I mean, we've been trying to work with him. We under- -- and my staff, certainly Susan's staff, we want to help the guy out. We certainly do. COMMISSIONER HALAS: And I want to make sure that we abide by the codes and regulations. And as long as it's not something that's going to encompass six months' time or four months' time -- if it can be done in 30 days, I think that's the direction that we really should go. MR. SCHMITT: The 30 days -- he's going to have to, like I said, hire a design professional, which is a -- either a registered architect or an engineer to do the site plan, and then that would have to be done in accordance with the code. And, of course, it would go through our review and it would go through fire review. And -- now, as far as opening the carwash, I don't know what interior work would be required, if it's going to require any type of additional building permits or any other type of electrical or mechanical. COMMISSIONER HALAS: Is the equipment still there? MR. SCHMITT: I don't know. COMMISSIONER HALAS: Is the equipment still there? MR. MILLET: No, sir. COMMISSIONER HALAS: So you'd have to buy all new equipment and everything? MR. MILLET: Yes. Well, we have some of the equipment still left over. There's just the small things that we'd have to add into it. Nothing major. Page 43 December 15, 2009 MR. SCHMITT: And I know we've been working with Mr. Millet and -- COMMISSIONER HALAS: I just -- my concern is -- and I'll wrap it up. My concern is that we need to work with this person, but we also have to realize that ifthere are some financial concerns here that, in regards to paying for the service here in the county, that it has to be addressed since we have laid off so many people in your area, and I think there's probably going to be some others. But the end result is -- and I also want to try to keep our codes intact. We worked very, very hard to try to make sure that our codes are intact. And I think that's probably why -- one of the reasons we don't have a high crime rate here is because Collier County what it is. MR. SCHMITT: And one of the greatest concerns would be the stacking for the carwash, the entry, traffic flow through the site; and then also, normally with a carwash, you have to provide additional space for -- where people will do some detail work after washing their car, dry off the car, towel off the car, those kind of things. And normally, in manner or form, you identify that on your site plan through a site -- an amendment to the site plan. But let me turn it over to Susan for questions. CHAIRMAN FIALA: Okay. I've got a few more questions coming up, or a few more commissioners want to ask questions; is that okay? MR. SCHMITT: Okay. Yes, certainly. CHAIRMAN FIALA: And Susan, stay right there because I'm sure that you'll be needed to answer them. Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. I think everyone realizes that the staff is doing everything they can do. If they exceeded their authority, then we'd be holding them accountable down the line; so that's why it's coming before the County Commission, and that's why we're weighing all these factors. Page 44 December 15,2009 I personally would like to help you if it's doable without endangering public safety or undermining the stability of future code enforcement actions. Mr. Klatzkow, our county attorney, you've been listening to our conversation going back and forth. Have you got any advice for us as a commission? MR. KLA TZKOW: Yeah. The only question I have is, are you suggesting you'll go back to the business you once were? MR. MILLET: Yes, sir. MR. KLA TZKOW: And there's no -- there's going to be no difference between the business you once were than from the business you're proposing? MR. MILLET: Absolutely. MR. KLA TZKOW: I don't know what the issue is. We already approved it once before. MS. ISTENES: No, that's incorrect. The site plan shows it as storage. There was no site plan. This is a very old building, or older, relatively speaking. There was no site plan approved. In '08 he did get an SIP that showed the drive-through store and the remaining bays as storage. Now the questions is, he wants to turn those remaining bays into what to -- to two carwash bays. We need a one-page change, an administrative parking reduction, to show that change. Staff recognizes, this is -- it's a huge building on a very small site. We just need to ensure that the site circulation and the parking is working. We need to revise the administrative parking reduction because that was predicated on a convenience store drive-through only with the remainder as storage. CHAIRMAN FIALA: As can you see, everybody really wants to support you. So few times anybody in Golden Gate City, so few businesses ever ask for help, so we're all eager to help you, and we'll find a way somehow before we finish this subject. Commissioner Coyle? Page 45 December 15, 2009 COMMISSIONER COYLE: You have another site plan there. Which is the most accurate site plan? MR. SCHMITT: Well, that's the -- that's the building plan. This is the actual -- COMMISSIONER COYLE: Okay. Now, what is the stacking requirement for self-service carwash? That was cut off on the other page. I couldn't read it. MS. ISTENES: For auto/truck washing, one space for self-serve wash facilities, and one per employee of the largest shift for automatic wash facilities. Stacking for two vehicles per stall for self-service wash bays and stacking for five vehicles per automatic carwash lane. COMMISSIONER COYLE: Okay. All right. Now, let's take a look at the site plan. Now, all you're planning to do, all he is planning to do, is to reactivate those two bays and eliminate that one parking space, that 9-by-18 parking space there at the front; is that a fair statement? MS. ISTENES: That's my understanding, but -- COMMISSIONER COYLE: Okay. Is that right? MR. MILLET: Yes, sir. You're talking about this 9-by-18? Yeah, eliminate that so we can re-open up the two bays that are right there. COMMISSIONER COYLE: Okay. All right. And tell me how we calculate the external parking for a drive-through building. How many parking spaces are actually required for a drive-through building? MS. ISTENES: The code says for beverage center drive-throughs, one per 250 square feet, stacking for five vehicles for the first drive-through aisle, and two for each additional aisle. COMMISSIONER COYLE: Okay. We only have what, one drive-through aisle for the store itself; is that true? MS. ISTENES: Correct, yes. He was granted an administrative parking reduction. Like I said, when you get into these older Page 46 December 15,2009 buildings, it's almost impossible to meet the parking. So he was just for the store. COMMISSIONER COYLE: Okay. Well, I really don't understand why we can't eliminate that one parking space and grant him an administrative parking reduction right now. Can we do that, the Board of County Commissioners do that? MS. ISTENES: That's up to your county attorney that -- we have a process, an approval process to do that, and we have -- if that happens, we have no records of it, and we have no evaluation of it, so MR. KLATZKOW: I don't have an issue with it. COMMISSIONER COYLE: Okay. I don't either. As long as-- as long as he's returning to the use that he had before -- now, I understand what you've said. He's actually expanded the building. The building has changed substantially, right? But I agree with Commissioner Henning. I don't want to put the people out of business here, and I'm willing to accept something on a temporary basis that might not be ideal for the long-term. How do we solve this for a short term? MR. KLATZKOW: You want to give him a temporary use and then come back in a year and see whether or not there's been any impact? MS. ISTENES: That works for me. COMMISSIONER COYLE: Yeah. MR. KLATZKOW: I mean, at the end of the day, as far as health, safety -- I mean, he's going to have to pass fire code. He's going to be inspected, you know, by the building inspector. So I'm not too concerned about that. Whether or not he's generating too much traffic with respect to the site, we'll know that in -- you know, in a year. And we can come back -- if there's no issue, we can come back on consent and say there was no issue. And if there is an issue, we can come back on more of a Page 47 December 15,2009 public-hearing type issue. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: Yeah. I would -- you would pray that you would generate too much traffic, right? MR. MILLET: Yes, sir, absolutely. COMMISSIONER HENNING: And I wish you well -- MR. MILLET: Thank you. COMMISSIONER HENNING: -- in that. Let me just tell you some factual things. It was stated there wasn't a carwash there. Well, I washed vehicles there in the past. It was a carwash at the same time it was a convenience store. The building size has not changed one bit. It is the same building that it was built in the '80s as it is today. What I am assuming has changed is our parking requirements for those particular uses. Now, common sense would tell you that a drive-through convenience store, you're driving through. You're not -- you're not parking, even a handicapped person would drive through instead of parking in a handicapped place to get out to shop. You drive your vehicle right through. There's a lane there, you drive your vehicle through, you stop, pick it up, you pay for it. Same thing with the carwash, that you drive in the bay, you wash your car, you drive out. You don't park your car and then have somebody pull it in there so you can wash your car. So I would assume that our code requirements have changed. So if we can -- so I make a motion that we -- I'm sorry. Ijust wanted to correct some misstatements, somebody that's not familiar with the neighborhood. We want to issue a temporary use for the site. MR. KLA TZKOW: And we'll come back in a year with a report as to whether or not the parking is an issue. COMMISSIONER HENNING: That's my motion. CHAIRMAN FIALA: Okay. COMMISSIONER COYLE: Second. Page 48 December 15, 2009 CHAIRMAN FIALA: And a second from Commissioner Coyle. I'd just like to throw in too, if this functioned so perfectly before -- and actually the demographics haven't changed much in Golden Gate City. It's not like they've grown exponentially since then. It functioned perfectly fine before. It should still be able to function, is my guess. You haven't had a great increase in population, have you? COMMISSIONER HENNING: We've had a decrease in population. CHAIRMAN FIALA: So then it should work, right? COMMISSIONER HENNING: That's the problem with the drive-through is people are not working. They're not using that type of convenience because they can't afford it. CHAIRMAN FIALA: That's right. MR. MILLET: That's right. CHAIRMAN FIALA: But Commissioner Halas? COMMISSIONER HALAS: Yeah. Just one quick question. Any particular administrative work that you have to do is -- how much is that going to entail? Depends upon how this vote comes out. And where's the money going to come from? MS. ISTENES: Are you talking about the temporary use permit? COMMISSIONER HALAS: Yes. MS. ISTENES: There's a $75 charge for that, so he will have to file the application, and he can do that over our front counter, so it will be a day to get the permit. MR. SCHMITT: Do you have your business tax license for the business? Because we would have to modify that to show both the carwash -- you'd have to go through the tax collector's office to identi- -- and update your business tax license. MR. MILLET: Yes, sir. COMMISSIONER HALAS: Okay. And what else -- is there any other administrative costs that are -- MS. ISTENES: Sorry about that. That would be -- the zoning Page 49 December 15,2009 certificate would be $125. The temporary use permit would be $75, so it would be a $200 administrative cost. COMMISSIONER HALAS: Okay. MS. ISTENES: While I have the opportunity, the administrative parking reduction does provide a lot of flexibility, especially for these older sites. So we do recognize that as staff. And so I just want you to know that the code is very flexible there even though the parking requirements seem pretty strict. There is an administrative opportunity to look at the site the way it functions and circulates and then reduce it pretty easily through the administrative process. CHAIRMAN FIALA: Thank you. Anything else, Commissioner Halas? COMMISSIONER HALAS: That's it. CHAIRMAN FIALA: Then we have a motion on the floor and a second. Any further discussion? (No response.) CHAIRMAN FIALA: All 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: Okay. That's a 4-1 vote. And it's 10:30. Thank you very much for coming in, sir. MR. MILLET: Thank you very much. Appreciate it. CHAIRMAN FIALA: Work with these people. They'll help you. MR. MILLET: Thank you very much. CHAIRMAN FIALA: Thank you. (Applause.) CHAIRMAN FIALA: It's 10:30. We'll take a ten-minute break. Page 50 December 15, 2009 Thank you. (A brief recess was had.) CHAIRMAN FIALA: Would you-all please take your seats. Item #6C PUBLIC PETITION BY JEAN BENOIT DISCUSSING THE PAVING OF S.E. 30TH A VENUE ON EVERGLADES BOULEVARD - DISCUSSED MR.OCHS: Madam Chair, that takes us to 6C under public petitions. It's a public petition request by Jean Benoit to discuss paving of Southeast 30th Avenue on Everglades Boulevard. MR. BENOIT: Good morning, Chairman-- CHAIRMAN FIALA: Good morning. MR. BENOIT: -- Commissioners, staff. My name is Jean, last name is Benoit. I reside at 2840 30th Avenue Southeast. That's off of Everglades Boulevard. That is in district -- commissioner number five, Jim Coletta. I'm here to discuss about the paving. Numerous residents in the community have been discussing this with us. We've been in contact with Commissioner Coletta's office about the situation. The dust over there is unbearable in the summertime. I mean, we have kids and children all over the place. They can't play. When cars go by, just -- the dust is all in their face. And then during the rainy season you've got potholes because -- I think it's limerock, and it's not -- the stability is not a good, hard surface. So you can see there's potholes and, as a New Yorker, I'm tired of potholes. I mean, it is ridiculous in the rainy season about the pothole situation. The area has grown since I've been down here. We have two elementary schools recently built, Sabal Palm off of Everglades and 18th, in 2005, I believe; and then we have -- the middle school right Page 5 I December 15,2009 next to it, and we also have another elementary school in -- Palmetto Elementary on 12th off of Everglades. So the population has increased. There's a lot of children there, there's a lot of residents. And when I was in contact with the Department of Transportation about how the process works, they said they have a schedule, a format, and we have to follow a certain format, but I notice some streets have been repaved that were paved already. Take, for instance, 28th Southeast. We discussed the situation of why that street was paved and then they skipped our block which is 30th, and they went to 32nd. The answer was, our street is longer and that street was shorter. So maybe somebody from the Department of Transportation can explain that to me why. As -- the dust is the health issue right now. As you drive down that dust and you come into your garage or your driveway, it collects inside your house, it goes inside your ducts. So when you have children, plant life, and animals, it's unbearable. Another issue I have is with the county as far as when we complain about the dust, they come out there with the water tank and they spray it down. And this is Florida, and I want to say, 45 minutes it's hot. That water does not do anything. I believe it's probably a waste of manpower doing that. We have some residents that are here to discuss about the situation. I just wanted to come here and express my feelings about the situation. Commissioner Coletta's office has been informative but, of course, it comes into the -- in front of the board to discuss the situation. I understand the recession and the economic situation that's going on, but as taxpayers, we still have to function, the government still has to function, and the public still has to have the government do what they can for the community. Page 52 December 15, 2009 And basically that's all I have to say. Thank you very much. CHAIRMAN FIALA: Thank you. Stay there. Commissioner Coletta? COMMISSIONER COLETTA: Y eah. Yeah, all the reasons that you mentioned, they're all valid. And you're right, there is economic considerations, and you're also right that there is an -- what do you want to call it, a responsibility upon the commission to provide for the safety, health, welfare of their residents. Trying to strike all these balances has been very difficult in the last two budget cycles. Prior to that when times were a little flush, we were pulling down some serious money and being able to move these roads forward in an expeditious pace. In fact, Mr. Feder I'm going to get up (sic) in just a moment. But of all the roads that were in need of paving when we started, 80 percent of the people that live on paved roads now -- or on unpaved -- limerock roads back seven years ago now have them paved. Of course, the bad news is, you're not one of them. So I guess the question is, is -- to answer your questions that you had in your original request, I'm going to have Mr. Feder get up and go over some of the questions that you had regarding the paving of other roads that were already paved. The -- and it was some other ones regarding the maintenance of the roads, and he'll get into that a little bit. But I want you to know I'm going to keep pushing. And it's one of those things that, you know, we have to be very diligent about and keep reminding everybody out there that -- how important this is to the people the live on those streets. Mr. Feder, your comments would be most welcome. MR. FEDER: For the record, Norman Feder, Transportation Administrator. I'll be fairly brief, but I do want to try and make sure I answer the questions. We've had a program we started about three or four years ago Page 53 December 15,2009 trying to get at about a hundred miles of limerock, unpaved county roads that were accepted as part of the Avatar proposition years back. About half of those have been paved at this time. That was through a concerted effort, particularly one year, when there was a lot ofturnback dollars, and about seven-and-a-halfmillion was allocated by this board to try and get heavily at it. As you pointed out, we went after those facilities with the most residents on the roadways to get the best return for the dollar spent. We had hoped to continue the program, but it is funded with 111, which is the MSTD general fund, and we are experiencing very, very tight budgets, as the gentleman noted. And this last year there were no fundings put for limerock roads even though it had been funded in some previous years. And as I said, this board had added some turnback when it found the additional funds available. As to the cost, about 450,000 to convert from limerock to a paved roadway . We do have, and I know it was brought up, a resurfacing that we're doing in the area. That's about 90,000 to resurface a paved roadway that was already paved, if you will. And we do have to maintain them. We do not go out and spray, and I agree with the gentleman that it would be a waste to try and water down a limerock road. We do that only when we're getting ready to go in and grade, which we do periodically, acknowledging that we do have, unfortunately, with the rain, ruts or depressions created within the limerock roads because they are not paved. So we're trying to respond to them. As we said, we're about halfway down on that list. We went after the greatest occupancy segments first. And right now we find ourselves with not the funding, even though the board put some additional funding when it had dollars available. COMMISSIONER COLETTA: Yeah. But where would -- if the program was instituted again in a very short period of time, where Page 54 December 15, 2009 would Southeast 30th A venue be on that list? MR. FEDER: It was coming up in the list. Your road and bridge superintendent, Travis Gossard's, here. I believe it was fiscal year '111'12 if we had continued the program as was previously structured. Travis? MR. GOSSARD: Travis Gossard, Road and Bridge Superintendent, for the record. Yep, that would have fallen in 2011/' 12 fiscal years, both 30th Avenues, the respondents that are coming in today. Both those streets would have fell in 2011/'12. COMMISSIONER COLETTA: All right. Well, how many roads were before them? That would be a little more helpful. MR. GOSSARD: Well, this year there would be six segments that would be scheduled for '09/'10. '101'11 would be another six segments. COMMISSIONER COLETTA: Okay. So we're talking about six segments would have happened this year if the funding was there? MR. GOSSARD: Yes, sir. COMMISSIONER COLETTA: And they would have been in the next financial year, right? MR. GOSSARD: Correct. The year after that, '11 and '12. COMMISSIONER COLETTA: So they're something like between '07 and' 12? MR. GOSSARD: Actually about 12 streets before we would get to them based on current funding of about 2.1 million. COMMISSIONER COLETTA: Okay. Well, it's -- I have to tell you, this is something that I bring up before the commission, oh, as Commissioner Coyle will probably tell you, every once in a while I mention it, correct? CHAIRMAN FIALA: Every meeting. COMMISSIONER COLETTA: Every meeting? COMMISSIONER COYLE: Several times during the meeting. COMMISSIONER COLETTA: Several times during the Page 55 December 15,2009 meeting. This is -- this is one of the things I keep pushing for, and I'd appreciate any support I can get from you and the rest of the public out there to make sure, as we go through our budget cycles each year, to come before the commission and remind the necessity of keeping this -- a road program of some sort going forward to meet the needs. I mean, we spend untold millions of dollars on median beautification, we spend million of dollars on our parks and our libraries, and they're all necessary. But when we get down to it, where are the priorities? Is it going to be health, safety, and welfare? Is it going to be the physical enjoyment of our residents? Is it going to be the beauty that Naples is becoming known for? There's many things to weigh out. Your voice is appreciated today, and it will be appreciated again in the future. MR. BENOIT: I'm sorry, has it been suspended as far as paving? COMMISSIONER COLETTA: The correct word would be, it's not funded. MR. BENOIT: Okay. Not funded meaning it's frozen. COMMISSIONER COLETTA: In other words, the program's alive but it's not well. There's no funding to run it. I guess -- would that be a correct definition, Mr. Klatzkow? MR. KLA TZKOW: I think it's just on hold waiting funding. COMMISSIONER COLETTA: Which is good. I mean, it doesn't have to be resurrected from zero. It can be done at that point in time that the commission rearranges priorities to be able to recognize this need. And the reasons for that is political, and you're political. You show up at the right times, it might happen. MR. BENOIT: Thank you. CHAIRMAN FIALA: Thank you for being here. Commissioner Halas? COMMISSIONER HALAS: Yes. I appreciate you coming here and basically being a spokesman for the people that live on your Page 56 December 15, 2009 street. You said you were from New York? MR. BENOIT: Yes, sir. COMMISSIONER HALAS: In New York City or whereabouts? MR. BENOIT: I'm from Brooklyn, New York. COMMISSIONER HALAS: Brooklyn. And how long have you lived out in the Estates? MR. BENOIT: My parents lived in West Palm Beach. I came down here in 2005. COMMISSIONER HALAS: 2005. MR. BENOIT: And then I relocated over here in 2006. COMMISSIONER HALAS: At the time, you knew that there was unpaved roads when you bought there or not? MR. BENOIT: Oh, yeah, absolutely. My parents have property out there. COMMISSIONER HALAS: Oh, okay. So -- and as Commissioner Coletta said, that we're in deep economic times here, and we've -- we're trying to figure out where -- if there is any extra money floating around in somebody's pocket or whatever. We're going to, in fact, have a discussion later on today about what we need to do with that money. And basically, I think that we need to make sure that we put it in the pot to payoff our debts so that we don't have to impact the residents with higher taxes. And what we're planning to do, as Commissioner Coletta said, is that the time when the economy starts to pick up and the tax base starts to get in a better position, then I think we can address your concerns and get out there and make sure that we take care of those roads. And I appreciate you very much for being here today. MR. BENOIT: I'm just here to say, don't forget about the little guys. I understand you have palm trees and mulch and all that good stuff that makes Florida look good and Naples, but we still have to take care of the residents that live there and children that play in the Page 57 December 15,2009 streets and drive their bikes -- or ride their bikes to the corner. And there are certain things that are still being done that's not on hold, but this is important to us, too. COMMISSIONER HALAS: Yes, I understand that. MR. BENOIT: Thank you. COMMISSIONER HALAS: Thank you very much. CHAIRMAN FIALA: Thank you. Commissioner Coletta? COMMISSIONER COLETTA: Yeah, before -- I just wanted to -- I didn't want you -- I don't want Commissioner Halas to think I put words into your mouth. I didn't. In fact, we never even met before this other than -- MR. BENOIT: Never. COMMISSIONER COLETTA: -- communications back and forth. So you're speaking as a person, an individual, and it's not Commissioner Coletta just reciting the old gospel over and over again. But who's here with you today? I'd like to know. MR. BENOIT: I have two gentlemen down here. COMMISSIONER COLETTA: Great. We've got a lot to talk about very shortly. MR. GARRIGA: I have one question. COMMISSIONER COLETTA: Before you get up, sir, there's another person that's signed up to speak. Is that you? I mean, under public petition? MR. GARRIGA: Yes, sir. COMMISSIONER COLETTA: Okay. With your permission, can we bring him up now? CHAIRMAN FIALA: Certainly. Item #6D PUBLIC PETITION BY ERVIN GARRIGA DISCUSSING THE Page 58 December 15, 2009 PAVING OF S.E. 30TH A VENUE ON EVERGLADES BOULEVARD - DISCUSSED MR.OCHS: That would be your next item, ma'am, 6D. CHAIRMAN FIALA: Oh, you needed to say that that into the record? MR.OCHS: Yeah, I'd like to. If you're finished with 10C (sic), we can go to 10D (sic). MR. BENOIT: Thank you very much, folks. COMMISSIONER COLETTA: Thank you. MR. OCHS: I'm sorry, 6D, which is a public petition request by Ervin Garriga to discuss paving of Southeast 30th A venue and Everglades Boulevard. MR. GARRIGA: Ervin Garriga, 3430 30th Avenue Southeast. When I bought my property in '05, built it in '06,1 spent $400,000 on that home. When I called road and bridges, they said 2009. That's the date that was given to me, so I said, I'll wait. As time came by, I saw them pave 28th Avenue, and they jumped to 32nd Avenue, which was always on the way. And that's the question that I said; the road's about the same. Why did they jump 30th Avenue? Like Mr. Benoit said, it's unbearable out there. You have to live out there to see what I'm talking about. And I'm taking my turn. And I want to know if, 2012 is going to come, you know, we don't get skipped again. And then you've got roads out there that are being repaved again. Like the gentleman said, it cost $90,000, but those are, you know, streets where only cars go through. They're not that bad. I mean, get -- like Mr. Benoit said, give the little guy a chance, pave our road. And I don't mind waiting another ten years before you resurface. At least we have something to keep the dust -- I can't open the windows in my house. My wife can't breath, you know, because of the dust. You know, you open the windows and it's -- the whole Page 59 December 15, 2009 furniture, everything in the house is just dusty. And that's all I have to say, just give us a break. You know, if you said 2012, don't skip us. You know, it's unfair that you went from 28th to 32nd Avenue. And then when I called their office, bad attitude, they say, well, you know, talk to the commission. 32nd Avenue's shorter. It's not. It's the same. There are over 12 homes just on my side. I don't know how many homes are on his side. But, you know, we pay taxes and, you know, just give us a break. So thank you very much. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: Okay. Thank you very much. Item #9 A RESOLUTION 2009- 303: RE-APPOINTING JAMES 1. GAULT AND KIRK P. COLVIN TO THE ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE - ADOPTED MR.OCHS: Commissioners, that takes you to Item 9 on your agenda, Board of County Commissioners. 9A is an appointment of members to the Isles of Capri Fire Control District Advisory Committee. COMMISSIONER HENNING: Madam Chair, I make a motion that we appoint James Gault and Kirk Colvin. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Motion and second. All in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: (Absent.) Page 60 December 15, 2009 COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Very good. Item #9B RESOLUTION 2009-304: RE-APPOINTING JAMES E. BOUGHTON (TERM EXPIRING DECEMBER 14,2013); APPOINTING RAY ALLAIN (TERM EXPIRING DECEMBER 14, 2011), HENRY REAGAN (TERM EXPIRING DECEMBER 14, 2011) AND DAVID HURST (TERM EXPIRING DECEMBER 14, 2013) TO THE DEVELOPMENT SERVICES ADVISORY COMMITTEE - ADOPTED MR.OCHS: 9B is appointment of members to the Development Services Advisory Committee. COMMISSIONER HENNING: Madam Chair, I make a motion that we accept the committee's recommendations to appoint James Boughton and Ray Allain, Henry Reagan, and David Hurst. CHAIRMAN FIALA: Do I hear a second? COMMISSIONER HALAS: Second. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Okay. A second from Commissioner Halas. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? Page 61 December 15, 2009 (No response.) MS. FILSON: Commissioner Halas or Coyle? CHAIRMAN FIALA: Well, they were both saying, so this time I gave Halas the nod. MS. FILSON: Oh, okay. COMMISSIONER COYLE: The elder. COMMISSIONER HALAS: The elder, yeah, right. Item #9C DISCUSSION ON SECTION 8 OF THE COLLIER COUNTY ETHICS ORDINANCE NO. 2004-5 REGARDING COLLIER COUNTY POST-EMPLOYMENT RESTRICTIONS. DUE TO THE EXISTING ECONOMIC CLIMATE, CONSIDER EITHER TEMPORARY SUSPENSION OF SECTION 8 OF THE ORDINANCE FOR A DEFINED PERIOD OF TIME OR CONSIDER PERMANENT REMOVAL OF SECTION 8. FOR REVIEW OF THE FULL ORDINANCE PLEASE GO TO HTTP://APPS.COLLlERCLERK.COM/BMR/DOCVIEW .ASPX?lD =14976 (COMMISSIONER HENNING) - MOTION DIRECTING THE COUNTY ATTORNEY'S OFFICE TO BRING BACK AN AMENDMENT TO THE ETHICS ORDINANCE - APPROVED MR.OCHS: Commissioners, 9C is to discuss Section 8 of the Collier County Ethics Ordinance, number 2004-5, regarding Collier County post employment restrictions. Due to the existing economic climate, consider either temporary suspension of Section 8 of the ordinance for a defined period of time or consider permanent removal of Section 8. This item was placed on the agenda by Commissioner Henning. COMMISSIONER HENNING: Commissioner, the -- yeah, there's two reasons why we did the -- in my opinion, the ethics Page 62 December 15, 2009 ordinance. One was because we were training employees and then some short time after that they would go to the private sector, and it just wasn't economically feasible. We don't have that problem. In fact, we're trying to encourage employees to retire and take an early leave. The other reason, in my opinion, it was -- we didn't want for employees to be working on a special project to go to the private sector and work -- continue to work on that special project in the private sector. That, I think, we should keep. For an example, you have employees in comprehensive planning that is doing rural stewardship area, or an employee. Not to restrict that employee from going into the private sector, but just for them to petition the Board of Commissioners on that one particular issue. That's what I would like to see. It's -- I don't want to discourage the public from -- or former employees from gaining employment in their profession. And what we have now it was. So I would like to direct the -- I would like for the board to request to direct the county attorney to amend our ethics ordinance to provide our former employees some better employment opportunities. That's all. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: Is this under a short timeline, or is this going to be forever? COMMISSIONER HENNING: Well, you know what, that's a very good point, Commissioner Halas, and I think it does -- we need to temporarily suspend, because hopefully in the future we'll find that we're back and, you know, the economy's doing great and we want to keep our employees employed and not to encourage them to go out to the outside. COMMISSIONER HALAS: The other thing was that -- one of the other reasons that we instituted the ordinance, not only to make sure that employees of the county weren't going to jump ship when Page 63 December 15, 2009 things were good, but it was also to protect the rest of the citizens in the county in regards to how these people were hired, and it gave the developers at that time, I think, the upper hand, and there was a lot of outcry by the citizens. So as long as this is a temporary measure that we establish some type of a timeline, I may not have a problem with this. But to just give this as an a la carte and not have this come back on a timeline and to readdress at a later time. So I hope in your motion that you'll put a timeline in, and that needs to come back before the Board of County Commissioners. COMMISSIONER HENNING: Maybe you can give me some idea when the economy will come back. COMMISSIONER HALAS: Well, I'd say what we ought to do is just look at this for a two-year period, and then we can readdress it agam. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I think Commissioner Halas is right on target. Two years, you get a chance to reevaluate it, and hopefully the economy has made a total turnaround. We might consider there's no need for it. The reason we got there wasn't just to keep employees from jumping ship. Going all the way back to 2000, we had examples just prior to us coming in and when we were there of former employees that left that came back after a very short period of time, walked in like they still worked there, and walking permits through, doing different things like they were acting as county employees, and they were doing it for a fee for somebody. So when we -- and I'm all for suspending this for a period of two years, but we've got to make sure that the county manager has certain safeguards in place so that the people that leave the county don't come back and abuse privileges that they may have built up here as county employees, and I'm sure that our county manager could do that. CHAIRMAN FIALA: And Commissioner Coyle? Page 64 December 15,2009 COMMISSIONER COYLE: Everything we do has unintended consequences. And probably some provisions of this ethics ordinance have unintended consequences during bad economic times. So I think we need to be flexible in adjusting to it. But I would ask my colleagues to consider doing this: Rather than telling the staff or the county attorney what to do to fix this, because we really haven't studied it in depth or detail, to instead direct the staff and the county attorney to come back with their recommended solution to the problem. I am sympathetic to the problem. I am uncertain as to exactly how we should change the ethics ordinance and for how long, permanently or temporarily, until I hear the arguments of the staff and the county attorney about what the potential ramifications are and what the unintended consequences might be. So I think we can get there, but I would just ask that we direct the staff and the county attorney to come back with recommendations about how to solve the problem. CHAIRMAN FIALA: Okay. COMMISSIONER HALAS: I can go along with that. COMMISSIONER HENNING: Yeah, that's a great suggestion, so I make a motion that we direct the county attorney to work with the county manager to bring back some suggested revisions to our ethics ordinance including, including a two-year, or whatever you, you know __ whatever you recommend, whatever your suggestion is in when the economy's going to turn around. MR. KLATZKOW: We'll give you a list of alternatives, how's that? COMMISSIONER COYLE: Yeah. CHAIRMAN FIALA: Okay. I have a motion on the floor from Commissioner Henning, and a second from Commissioner Coletta. Any further discussion? (No response.) Page 65 ,_.__.___.__...___._,_o_____.___________..,,_.,_u____~_,.._._.--- December 15,2009 CHAIRMAN FIALA: 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? (No response.) CHAIRMAN FIALA: That's a 5-0. COMMISSIONER HENNING: Thank you. Item #10A EST ABLlSHING THE SCHEDULE OF IMP ACT FEE UPDATE STUDIES FOR CALENDAR YEAR 2010 IN ACCORDANCE WITH PRIOR DIRECTION OF THE BOARD OF COUNTY COMMISSIONERS - APPROVED MR. OCHS: Commissioners, that takes you to lOA, county manager's report. First item is a recommendation to establish the schedule of impact fee update studies for calendar year 2010 in accordance with prior direction of the Board of County Commissioners. Ms. Amy Patterson will present. COMMISSIONER COYLE: This is just approval of the calendar, right? MS. PATTERSON: That's correct. COMMISSIONER COYLE: Motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: I have a motion to approve and a second. Any questions or anything from the commissioners? (No response.) Page 66 December 15, 2009 CHAIRMAN FIALA: Amy, it was a wonderful presentation. MS. PATTERSON: Thank you. CHAIRMAN FIALA: Thank you. All in favor, signify by saymg aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) MS. PATTERSON: Thank you. Item #10C THE STATUS OF FY 2010 CAPITAL PROJECT FUNDING- MOTION TO APPROVE STAFF'S RECOMMENDA nONS, STAFF TO WORK WITH MARCO HISTORICAL SOCIETY, PURSUE GRANT OPPORTUNITIES, ADVERTISE AND TO BRING ITEM BACK AT A FUTURE BCC MEETING - APPROVED MR. OCHS: Why don't you stay up for the rest of these, Amy. You're on a roll. Next item is 10C, because lOB is a three o'clock time certain, so that takes us to 10C, which is a report to the board detailing the status of fiscal year 2010 capital project funding. Mark Isackson from the County Manager's Office will present. MR. ISACKSON: Thank you, County Manager Ochs. For the record, Commissioners, Mark Isackson with the County Manager's Office. Now, before you this evening, or this morning, excuse me, is a Page 67 December 15,2009 report which portrays the current status of capital project funding. The information is a followup from a prior meeting between the board and County Manager Ochs. Fiscal staff from a number of the divisions got together and began a comprehensive review of our current capital project funding as well as dollars which may be available for priority purposes to determine the extent of capital dollars for your review. In your agenda packet today there is a series of exhibits for your purview. The first that I'd like to offer up on the visualizer, ifl can get some assistance from County Manager Ochs, is a -- kind of a review -- review of how we actually budget for capital projects during the course of any particular fiscal year. This graphic illustrates the progress that we went through between 2009 and 20] 0, with this particular column being 2009, this particular column being 20] O. The -- in the spring of each particular budget cycle, there is an undertaken review of all projects, grants, et cetera, and generally what staff does is process budget amendments after that review is completed to close out completed projects. Simultaneously, along with that review going into the 20] 0 year, we also estimate revenues and receive department requests for capital funding. Leading back through to June, which the BCC workshops take place, existing projects, in other words, projects that are in the continuum, in the queue, are shown in the budget documents in the forecast column. Leftover money is shown as adopted carryforward in the new fiscal year, and you see the arrow going back up to the estimated revenue, which may be available for new projects or added to existing projects or placed back into reserves. Now, this is a process that we go through, staff does, and specifically those individuals who are involved with the capital portion of our budget. The interesting thing to note about this is that the -- I mean, I Page 68 December 15, 2009 think it's germain to the discussion this evening, or this morning, excuse me, is the fact that in anyone particular time frame, dollars that are available for capital projects may change. And that all obviously depends on the status of a particular project, if it's closed out, ifthere are change orders issued, et cetera, et cetera. Ultimately what happens is, back -- when we come through the September adoption process, the board sees the available dollars that are available for capital project funding, not only from the standpoint of an adopted budget in terms of revenue, but also this phenomena of unspent product roll into the next fiscal year. And that is essentially money that, for existing projects that you have the -- the available amended budget minus the actual expenditures, that increment taken amongst all the capital projects that we have in the continuum, is comprised and makes up that project roll going into the next fiscal year. The second chart I'd like to provide for board review is the restrictive versus unrestrictive nature of our capital project funding. You can see that on the continuum, the most restrictive types of capital projects are obviously in the grant arena. You then move to the impact fee arena. User fees and other restricted funding sources, gas taxes and, of course, the least restrictive would be those capital projects that are supported by ad valorem tax revenue. What you have before you this morning in your recommendation are those projects that are specifically related to ad valorem taxes, that $64.1 million figure. Exhibit 1 in your packet provides a breakdown -- if I can throw that up on the visualizer -- by fund and funding source. And I apologize for the difficulty in reading some of this stuff. But you see the breakdown of the various types of funding sources and the capital projects by particular fund. And I want to focus in, if I can, on the ad valorem component in this particular column here, because that really provides the genesis for our Page 69 December 15, 2009 recommendations to you this morning. There are four particular funds contained within that ad valorem component. Fund 325 in the stormwater area; Fund 112 for landscape capital; Fund 301 for countywide capital; and Fund 306 for parks and recreation. The recommendations this morning lead -- and it's in your executive summary under summary -- indicates that -- if you go to table number 2 in your executive summary it's -- I believe it's on Page 2 -- we've identified an available amount of money totaling three -- almost $3.6 million from the four funds that I've just identified in the analysis. Now, there are a number of staff recommendations tabled to the left-hand column which depicts what our view of the capital world is and where we think that money may be directed. Obviously the board would be -- at their pleasure to have a discussion on that. But predominantly what we're recommending is that $3.6 million be diverted back to reserves with each of the particular funds where you see designated there for future consideration. Once it's in reserves within those particular funds, those funds cannot be touched unless and until the board, by executive summary or board action, directs that that money be utilized elsewhere. There's an element of conservatism with the recommendation that we're offering to you this morning. We believe it's -- it's the most conservative approach, but it sti II allows us in times of an emergency, for example, when the board's in absentia during August, ifthere was a need for a roof repair or an A/C replacement or things of that nature, county manager would have the ability to authorize the use of those funds out of reserves, obviously, subsequently coming back to the board for ratification of that action which took place. Obviously in a hurricane situation or other where there's a declared disaster, you would have the opportunity -- or we would have the opportunity to appear before you in that declared emergency meeting where we Page 70 - ,-_.~,_... .~._._._~_._._.-._. December 15,2009 would talk about the particular budget amendments. So in summary -- if we can throw up one more pie chart for the board to review -- of the breakdown of capital projects some $564 million, you see these -- the portion or the slice that relates to ad valorem capital projects is the amount of money that we focused in on in our review. It's in your -- it's in your detail in your exhibit by project, by specific project. And of that $64 million, we're recommending that $3.6 million at least be available but fenced off in reserves within each one of those funds for -- for your consideration. Be happy to answer any questions the board may have. And we have in the audience those individuals who are technical experts in the accounting, budgetary, and implementation aspects of the particular projects in case the board goes to specific projects or has some information. CHAIRMAN FIALA: Okay. And before I call on the commissioners -- I've got three lights on already -- I understand we also have seven speakers. And I just want to say, at this time I want to bring up the fact that -- well, this being my last meeting as your Chair, by the way, that I start and end your meeting, that I have a very important request from you, and that is to fund the Marco Island Historical Society Museum. This is important to me; it's important to my district; it's important to the museum system. And we've got a funding source which has been offered to us by the Marco Island City Council. They said they'll offer us $350,000, if we'll match it, to buy the -- to buy the displays so that they can open this museum which is supposed to open on the 4th of February. This is very important to us. This museum will be going then into our museum system for all of us to use from there on in. And I ask that you consider taking money from this to apply directly to that. I'm not asking for any new money. I'm just asking for you to switch money out of pots that we have already and move it into Page 71 December 15,2009 this pot to pay for this and be able to take advantage of the wonderful offer that we've received from the Marco Island City Council. And with that, and before I make any other -- any further comments, you can call the speakers. MS. FILSON: Thank you. The first speaker is Craig Woodward. He'll be followed by Jerry Masters. MR. WOODWARD: Yes. Actually I'll be followed by Rob Popoff. But yes, this is Craig Woodward. I'm -- I've been a resident of Collier County for 41 years, and I'm very involved in this museum, as I think you know. We're very, very pleased that the City of Marco rose to this challenge that it -- when it looked like our museum, you know, was going to open with some exhibits, very few, and probably won't pull in the number of tourism that we wanted. And so the city council, as you know, made a challenge of $30,000. And Rob Popoff, who's the chairman of our city council, is here to present that to you. I'm also very pleased that your TDC, your Tourist Development Council, unanimously voted to support this proposition that the City of Marco put up 350,000, and that the county use the funds that Commissioner Fialajust mentioned to match the city's proposition. I think the TDC realizes the importance to tourism here. I'm also pleased that today's Naples Daily News -- there was an editorial in the paper today, if you didn't catch it. They're supporting this funding also. The Naples Daily News, we're very excited, gave our museum their 1923 news truck that the -- originally that Barron Collier had purchased, and it used to say -- and they're going to put it back on there -- the Collier County News on the side of the truck, and we're going to have that in one of our exhibit rooms with the creation of Collier County, and the fact -- Tom Barfield was very involved in that. I also wrote a commentary in the paper today, and I hope that you saw it, and it goes over how important this is, not just to Marco Page 72 December 15, 2009 but to all of Collier County, the school children in Golden Gate, our hotels, our restaurants. I want to clear up one misunderstanding though. The misunderstanding is that February 4th we having a grand opening, and that is not really, really true. In fact, what we're having -- and the name was changed a number of months ago. We're having what we call a sneak-peak preview because we know this museum will not be opening on February 4th. The exhibits will not be done. It will be -- but the buildings will be there, and people will be very impressed with the buildings and what has been accomplished with the shell mound and the lagoon and all of that. So we're having a sneak-peak preview, and it's for our donors, and you -- let's face it, this commission has been a very strong supporter with the land and what you've done for us and the TDC's contributions. And you know, we want you to come to this sneak-peak preview. We've been working with your staff, and I know your staff is here to talk, but we'd like to go over, you know, why are we asking for these funds? You know, what is the design we're looking at? What is the budget? And how will this improve the economy of Collier County at a time when we need the economy? So I would ask that Council Member Popoff-- MS. FILSON: The next speaker is Rob Popoff. He'll be followed by Jerry Masters. MR. POPOFF: Thank you. Chairman Fiala and County Commissioners, hello, good morning. Thank you for listening to us. I'd like to read a brief letter into the record, but before I do so, I'd like to say that I entirely understand what it's like to sit up there and have somebody come up with a couple of hands out and ask for money. We're very aware of that on the Marco Island City Council. It happens every meeting. Page 73 December 15, 2009 And with that in mind, we felt we would come and we would ask for money, but not with two hands, but singly with one hand. As such, the Marco Island City Council has committed up to $350,000 of matching funds should the county acquiesce and match our funds. We understand how difficult economic times are currently. I share in Commissioner Henning's optimism that within a couple years things may turn around, but I also serve on the TDC, and I've served there with Commissioner Hennings (sic) and Chairman Fiala, and the -- excuse me. I've got a little bit of a cold here -- the TDC has unanimously supported funding of this project as well. So I would ask the commission to take a very serious look at this. In difficult times, we can't leave things laying dormant. This museum sitting empty isn't going to do the county any good, it's not going to do Marco Island or its businesses any good. And with that, I'd like to read this brief letter into the record. Dear County Commissioners, the new Marco Island Historical Museum expects to open in February of 20 1 0 -- 1 think Mr. Woodward just corrected that -- and it is in urgent need of funding for exhibits to draw the public to the museum in the coming year. Following a presentation by the Marco Island Historical Society of December 7,2009, on the need for exhibit funding, the Marco Island City Council voted unanimously to match funding up to $350,000 from the county for exhibits and display. City Council is asking that the County Commission give this request priority and match or exceed this amount. Despite the difficult financial issues facing this community, the city council approved this extraordinary city match of funds to expedite the exhibits and to emphasize the funding of exhibits as a priority to support tourism in our county. The exhibits are custom made and will not be ready in time for the February opening, but funds available will allow exhibits to be completed in the fiscal year 2010. Page 74 December 15, 2009 We all appreciate your assistance with this urgent need and appreciate the support you have given to the museum and city in the past. Thank you. Did anyone have any questions? CHAIRMAN FIALA: We have people with questions, but we'll ask them after all the speakers. Thank you. MR. POPOFF: All right. I thank you all very much. And Happy Holidays. MS. FILSON: The next speaker is Jerry Masters. He'll be followed by Kathy Miracco. MR. MASTERS: Thank you, Madam Chairman and Commissioners. We on Marco are really excited and eager to open our historical museum to see it completed and ready to go. Right now it's a diamond in the rough, but when completed, it will be a sparkling jewel in Collier County. I have some pictures to show you of our proposed ideas for the life-size dioramas that we are going to have. And I think it will give you a good idea of what we are planning to do. So if I may, Mr. Ochs. Thank you very much. The first picture actually is kind of an overview of the entrance. All of the pictures you're going to see are rough, rough drafts, as I said, the diamond in the rough. But fortunately these diamonds will come to fruition and something beautiful will appear. But we're just going to look very quickly at the pictures that you are seeing here. The Calusa intro panel. This is the Spanish discovery area. And you can see a village at work and preparing. The Calusa's were getting ready for the day starting out. This is building their many homes and that area of construction. And finally we have this one showing another exterior that will be provided. Now, these will all contain life-size manikins, and it will be quite a beautiful sight to see. It's -- this whole thing has got me so excited, I Page 75 December 15, 2009 can hardly believe it. One other final one showing more of the Calusa. And I guess we have one other one even. So lots of Calusa here, but excellent -- excellent preparation for what we're planning to do. The final thing I wanted to show you is actually the museum and where it stands. Incidentally, the pictures that you saw -- these are the rough designs that were completed by Advanced Staging Technologies to give us an idea of where we were going, but now we're all set to go. At any rate, if you'll notice the very top of the photo is our museum. It actually is two buildings, one being an administration and museum, the other actually being a history hall. The administration and the main museum are tied together by a hallway. So it all works. They're all using the same air-conditioning. Everything that's being used is going to be absolutely the same. To the left, incidentally, is the library, if you can see it, and the building of the Rose Hall right now, and that will be completed, I believe, in January. At any rate, I just wanted to share these possibilities with you to show you where we're going and what we're going to do, and hopefully our diamond in the rough will become a sparkling jewel in Collier County. Thank you very much. MS. FILSON: Next speaker is Kathy Miracco. She'll be followed by Betsy Perdichizzi. MS. MIRACCO: Good morning. Hi. I'm Kathy Miracco, and I'm going to follow up with what Jerry presented with a little bit of an outline of the cost of these particular dioramas that Jerry presented to you. The first one, I guess, is the Calusa introduction panel which would be 12-by-lO feet and introduce the visitor to the Calusa empire with timelines, descriptions and Calusa geographic realm. The cost -- Page 76 _.....__._.__.,____,__~......~_..___..___~____..~._..u_." December 15, 2009 estimated cost is 21,000. The Spanish records panel and artifact cases, again, is a 12-by-1O panel with certain recorder reports that contain recorder reports of the Spanish discovery of the Ca1usa for 35,000. Then the Cushing expedition panel and artifacts cases will discuss the expedition and its findings. This panel will lead the visitor to the three windows in the vault where artifacts on loan from other institutions can be securely displayed. The cost for that was $55,000. The vault graphics, there are six panels that will hide -- hang behind the windows, and they'll describe what the artifacts will be, and they're interchangeable, for a cost of 24,000. And the next page, the Calusa Village -- and this is really where we've been concentrating our efforts on because we believe that would give us the best bang for our buck. That's where we have the artifacts, the Marco Cat that was found on Marco, and we believe that will be the biggest draw. So that village, as Jerry said, will depict the daily life of the CaIusa in a diorama style with vignettes based on six to ten functions. For example, canoe travel, net making, hunting, cooking, home construction, warfare, social structure. The village will simulate the levels of the Calusa society from slave to king. Right now that estimate is $395,000. Then the design service for the Calusa village, which is the master plan which Ron Jamro has suggested to us rightfully that we need a plan for all of these plans for the villages. So that plan alone would cost 19,412. Then we have the art and the nonhistorical exhibit area for I 1,500, then the project management for AST at this point would be $95,000. So the total estimated cost just for the Calusa village and the project management and the master plan would be $65,912 (sic). So that estimate cost included the research, the elemental design __ Page 77 .,,-.-"-'.......---.--- .- '_..- ".,-.,---~ December 15, 2009 CHAIRMAN FIALA: You said 655,000? MS. MIRACCO: '5,000, right. CHAIRMAN FIALA: Okay. You said 65-. MS. MIRACCO: Sorry. CHAIRMAN FIALA: That's all right. MS. MIRACCO: That would really be good -- research, elemental design, production design, engineering, fabrication, graphic development and graphic fabrication, transportation and installation of all the components. It does not include the design services and fabrications for the other two rooms in the museums, which are the pioneer and the modern Marco room, or moving any existing Collier County or Historical Society displays into the museum. So that was a lot in one little quick sentence. Any questions? We'll save them till the end. Thank you. MS. FILSON: The next speaker is Betsy Perdichizzi. She'll be followed by Nancy Webster. CHAIRMAN FIALA: Congratulations on being Citizen of the Year. MS. PERDICHIZZI: Thank you, thank you. We, too, have some facts and figures. It will be these. I want you to know that the Marco Island Historical Society and the museum supports tourism both in the state, in the county, and in our community. And we've had the opportunity in the past year or so to pull together some facts on tourism. In Florida there is a $10 return for every dollar spent on historic preservation, and a $7 return for every dollar spent on cultural programs, and 74.9 percent of Florida tourists visit a museum or they participate in some type of heritage or cultural activity while on vacation. Florida museums welcome over 28 million visitors a year. And what we want to do is get some of those visitors right down to Collier Page 78 December 15, 2009 County and to Marco Island. Now, these facts have been pulled together by the American Museum Association by using the model that Mr. Jack Wert uses for the Tourist Development Council and from our own records of visitations. We on Marco have two little hard-to-find, unguided, self-- self-manned museums on Marco Island, and in -- they have received -- we have -- in the year 2007, we had 4,200 visitors visit that year; 20 percent in Florida, and that was, I think, 60 percent out of state. I don't need to give you -- you can see for yourself that the year 2010, we will have 10,000 visitors; in 2011, 20,000; up to 2013, 35,000. This represents millions of dollars in food, lodging, people staying in hotels in beds. And we would solicit your support. Thank you. MS. FILSON: Your next speaker is Nancy Webster. She'll be followed by Kris Hellend. MS. WEBSTER: Gosh, I'm not from Marco Island. I am Nancy Webster and I'm a docent at Palm Cottage. I do the walking tours, and I always start with the Calusa. The Calusa mean a lot to me, but I also volunteer at the Collier County Historical Museum. I've been at all four museums, because history matters to me, and that's why I'm here today. We have an opportunity to tell our story to tourists with this new Marco Museum. It's a unique opportunity to make a real difference with quality exhibits, not two boards nailed together with plaster of Paris and paint. And I think some of the exhibits that I've seen at their little tiny museums that she just mentioned are not much better. But we need to find the money and we need to get started now, because there's a story to tell here in Collier County of Marco Island where the Calusa presence was strong. And after all, not everyone who visits likes the smell of roses at the Botanical Garden. Give us a choice, make a good museum, please. Tourists really want to know about the area they're visiting. It's Page 79 December 15, 2009 at the background that they'd like to know. So I'm asking all of you to step into history with us and make it happen. Thank you very much. MS. FILSON : Your final speaker is Kris Hellend. MR. HELLEND: Thank you, Commissioners. And I'd like to read to you a -- the editorial that was from the Naples Daily News this mornmg. Marco Island History buffs have a modest proposal for Collier County Commissioners. Please match the $350,000 that this island city council has offered to invest in exhibits for the new Marco Museum that opens in February. And, of course, we've heard that it's really not going to be opened as yet. The museum needs an extra boost after raising four-and-a-half million to get the rest of the job done, including construction of the exhibits. Marco and its museums have quite a story to tell. Although we think of Marco in terms of high-rises and actually dredging and filling ofland in which many of the islanders now live, it has been home to the Calusa Indians and some of the modern-day Collier first inhabitants and traders. Collier County was a network of museums -- has a network of museums in place. It is educational for visitors of all ages, and especially in Marco's case can help stimulate activity and business through the island community. In other parts of the county, including the City of Naples, the county is looked upon as a lone or primary money source. Marco is looking for a last-minute investment that would make the county a proud and appropriate partner. The city is adding some sweetener. These days of opportunity to turn $350,000 into twice that much for the great public purpose is mighty appealing. And I'd liked to add that, think about it, we are -- this is going to be a county museum, so we can add -- by adding 350,000 or more to Page 80 December 15, 2009 the offer from the city, you are getting $350,000 of city money into what will be a county museum. Thank you. CHAIRMAN FIALA: Thank you. That was our last speaker? MS. FILSON : Yes, ma'am. CHAIRMAN FIALA: Okay, fine. Very good. And now, did -- were we supposed to hear from staff, or can we just move on to commissioners? MR. OCHS : Yes, sir. CHAIRMAN FIALA: Okay. And I have a question for the county attorney. Being that this item is involved with the other, do we need two separate motions, County Attorney? MR. KLA TZKOW: You need two separate motions. Your rules provide that you may hear an item not on the agenda by majority vote of the board, so that before any action be taken, I would recommend you see if the rest of the board wants to hear this. If you get three votes, then you can hear it and vote on it and discuss it. If you don't get three votes, I would suggest putting it over to the next meeting. CHAIRMAN FIALA: I have to have three votes to discuss, or to hear this one or to vote on this one or how -- MR. KLATZKOW: Yeah. Your rules say the board may take no action on any matter that's not a part of the official agenda unless the majority of the board present consents. So if the majority of you consent to hear it now, you may do so. CHAIRMAN FIALA: May I have some nods, please, from everybody? COMMISSIONER COLETTA: Well, discuss? CHAIRMAN FIALA: Sure, sure. We'll start with Commissioner Henning. He was the first light on. COMMISSIONER HENNING: You know, I like this agenda item. It lays it out -- lays it out pretty good. It also gives our residents a feeling of, you know, we're doing our best to try to roll over some monies. My question is, do we have a list of anticipated closeout Page 81 December 15,2009 dates of future projects? MR. ISACKSON: Commissioner, are you referring to the attachment in the ad valorem funds that are in your packet in terms of COMMISSIONER HENNING: Yeah. I mean, we have -- we have some capital improvements going on today, and I'm -- I'm sure they have a completion date. Is there -- does staff keep track of those dates to see if -- where we're at? MR. ISACKSON: I think that the answer to that question is, it's a -- there's a regular discussion between the office of management and budget, and though the individual divisions, there are fiscal staff regarding the status of projects. The determination of when to close a project out, obviously, is triggered first down at the divisional level and then filters up to the office of management and budget, and then there's decisions regarding the available dollars, if any, and where those dollars go in any particular fund. What we're talking about here specifically is the ad valorem. COMMISSIONER HENNING: Correct. MR. ISACKSON: And we scrub that list relative to closeout and things of that nature and the dollars that might be available for you to look at. COMMISSIONER HENNING: Correct. MR. ISACKSON: I can't speak specifically on project by project, but that's in general terms what we're -- COMMISSIONER HENNING: Do you anticipate bringing some other projects to the BCC after closeout for, you know, reallocation? I'm not talking about gas taxes or anything. I'm talking about ad valorem. MR. OCHS: Commissioner, we'll continue to monitor these and either bring them to you as part of your budget guidance in February when we set guidance for next year, or we could do this, you know, Page 82 December 15,2009 periodically during the year ifthe board would like on a quarterly basis. But I think the point Mr. Isackson is making is that because of the nature of these projects, the amounts that are in any specific project fund at any given time would be the subject of draws by contractors, change orders, whether there's delays in projects or whether we're able to accelerate some projects. So it's a fairly fluid continuum in terms of the amount that's in there at any given point in time. But we can do that on a quarterly basis if the board would like, or we could do it twice a year. We -- as Mark said, we look at it every month with our project managers to make sure that we have sufficient funding available and that we're not overfunded at these projects. COMMISSIONER HENNING: Okay. Well, it sounds like you got a handle on it. That's mainly my question. MR. OCHS: Yes, sir. We monitor it closely. COMMISSIONER HENNING: Yeah. It's tough times. You know, I appreciate the recommendations. I think we need to prepare for the future, and we never know what the future's going to bring. There might be some opportunities where the board wants to jump on some things too, so -- MR. OCHS: Yes, sir. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Well, I appreciate this little exercise, I really do, but -- and I realize that we have a disaster pending next year. I mean, this is the way it's looking right now as far as our revenue stream goes? MR.OCHS: Well, Commissioner, I think it's safe to say, based on the preliminary information we're getting out of Tallahassee, that there's going to be another reduction in taxable value that this board and this staff will have to deal with in fiscal year 2011, yes, sir. So we will be -- we'd be facing additional reductions in your -- not only your ad valorem revenues, but if the recession continues at Page 83 December 15,2009 the state and local level, we may see challenges with your other primary revenues, those being state-shared revenues, sales taxes, gasoline taxes. So not unlike the budget process that you-all just went through this year. COMMISSIONER COLETTA: So we're going through an -- these exercises to try to condition ourselves for -- put ourselves in a better condition for what we see coming down the road? Is that what you -- MR.OCHS: Yes, sir. I mean, simply stated, every dollar we can save and set aside in this fiscal year to bring forward into the next year reduces your need to raise additional ad valorem dollars in the subsequent year. COMMISSIONER COLETTA: Okay. I do have some questions, if I may. On Page 15 of 19. It's a weird little thing down at the bottom. It says, projects in need of funding, and it doesn't have anything in the other columns, just under available for reserves. Can somebody explain where that came in where there doesn't show any money coming in, but it shows money going out? MR.OCHS: Yes, sir, go ahead. COMMISSIONER COLETTA: And it's kind of strange that both of them are in my district. MR. ISACKSON: Commissioner, I'll let Marla Ramsey -- she'd be able to provide you some information on that. COMMISSIONER HALAS: Could you blow it up just a little bit for older people, the senior citizens up here? COMMISSIONER COLETTA: Yeah, you old fogies. CHAIRMAN FIALA: Yeah, my 15 of 19 looks different than his. COMMISSIONER HENNING: We did that on purpose. COMMISSIONER COLETTA: Yeah. We don't all get the same Page 84 December 15, 2009 information. We don't want to violate sunshine. MS. RAMSEY: For the record, Marla Ramsey, Public Services Administration. The first item that you have is for the A TV ITNT park. And if you recall, there was a resolution that we did that said we would help, as our contribution to that project with Miami-Dade, we would pay the permit fees. Permit fees are about $60,000, and we need about $43,000 more in order to be able to make that transfer. That's what the first item is for. COMMISSIONER COLETTA: So what we're doing here is, after all the work we did in recognizing the importance of an A TV park and the commission agreeing to it, at this point in time we're saying that's no longer an option, we're going to remove it from the books and put it in reserve; is that correct? MS. RAMSEY: No. What it says is that of those dollars we were going to put into reserves, just be aware that there's these two outstanding items that we still need some funds for that have not been allocated directly to the project. COMMISSIONER COLETTA: Okay. So help me with this now. These funds have never been allocated, so this is something similar to what Commissioner Fiala's asking for, for funds over and above what have originally been allocated to our budget process? MS. RAMSEY: Well, we've done this after the budget process. This is a resolution that came after the budget that said we were going to provide those fees. We didn't really know what that fee number was. That fee number's about $60,000 from the start to the end of this first phase element that they have. Joe could tell you more about what the specific fees are, but the allocation's about 60,000 that we've committed. And right now we don't have a project number in SAP that has the 60,000 sitting in it. It's just a commitment that we've made. We don't have to pay it yet. But when we do, we'll need to make a budget amendment in order to Page 85 December 15,2009 do so from a reserve fund. COMMISSIONER COLETTA: But by doing this, we effectively remove consideration unless somebody wants to try to resurrect it from the dead? MS. RAMSEY: No, I don't believe so, no. COMMISSIONER COLETTA: Well, how can we move money and not do it? We're doing one or the other. MR. OCHS: Let me try to explain, sir. What we're doing is moving that into a reserve fund, not into your general fund contingency reserve, but a capital reserve fund. So if the project comes forward in this current fiscal year, we can come back to the board, ask for the board's permission to do a budget amendment to take that funding out of that capital reserve for that project and spend the money. COMMISSIONER COLETTA: Okay. And I'm not saying I'm opposed to that because it has to come back before the board anyways, and we know that. So in other words, this doesn't effectively put a stake through the heart ofthis item? MR.OCHS: No, sir, it does not. COMMISSIONER COLETTA: And the same thing with the Immokalee Airport Park? MR.OCHS: Yes, sir, same thing. It doesn't kill the project. COMMISSIONER COLETTA: Now, a question. On the Immokalee Airport Park, is there a grant coming in from the CRA on that or some other funds? MS. RAMSEY: Yes. We've been working with the CRA to do a match to this particular site plan, and this is the one where we're going to take out the road and increase the parking and put in a little pathway in there to help with the festivals that they have, because currently during the festival they do it on both sides of the roads, and what we want to do is make it safer for those festival goers by moving the road. Page 86 December 15,2009 It's about 190,000 is where the contract came in at, and CRA is interested in helping with that. So it's about the $90,000 on behalf of both of us. Yeah, it's about -- a little over 100,000 total. And I believe that the Airport Authority is also going to help with some fill. That's going to reduce the price as well. So it's a three-way partnership. COMMISSIONER COLETTA: So these two things. The money does exist, so we're moving it to a reserve account to come back at a point in time to be able to discuss it when it comes time to pay the bills or to go forward with the contract? MS. RAMSEY: We believe that of the $362,000 that we have allocated here as could go into reserves, that we need about 150,000 of the $362,000 for these two projects in order to have them go forward. So we're just identifying of the 600 -- 362,000 that there's about 150 that we kind of have a project in the process but has not been officially moved into the project account. It's still sitting into reserves. We just didn't want them to get totally wiped out and then not be able to go forward with the two projects. We wanted to bring it your attention. MR.OCHS: But to be cautious, Commissioner, we chose to recommend to the board that we put that whole 3.5 million into the capital project reserve funds so that those funds would not be spent unless the board had visibility on them in the future and gave specific authorization. COMMISSIONER COLETTA: And I'm fine with that, because we already do that. When everything comes back here, before we do any contract and we spend any dollars, it still has to come back. So I mean, we're just saying the same thing and repeating it twice. How much different is it from the normal process that we go through? MR.OCHS: Well-- if that money is in the project budget and not in the reserves, the staff can go ahead and spend that money up to Page 87 December 15, 2009 the authorization levels that your purchasing policy provides for. COMMISSIONER COLETTA: So in other words, these funds can be diverted someplace else, and when the time did come, they're no longer available? MR.OCHS: No, no. They're going to go in the project reserve. CHAIRMAN FIALA: Let me jump on that, too. So say, for instance, now -- as it sits, this money is dedicated to the -- I mean, we've been looking for this A TV park for how many years, six years, seven years, something like that? And we've wanted this money dedicated to that. Now, if it goes into this fund and three commissioners decide to vote against it, then do you just lose the money? I mean, just like, you know, I need their vote for this thing, and I could just lose it. Would the A TV park or the lmmokalee park lose the money if they didn't get -- now that it's in a pot rather than assigned to a specific item, could they lose the money? MR. OCHS: No, ma'am, not without the board's direction. CHAIRMAN FIALA: See. MR.OCHS: Because all these -- I'll ask Mark to elaborate, but you're not losing the funding. It's still staying in 306, which is your park capital project reserves. CHAIRMAN FIALA: As long as everybody votes for it, you can get it back out and put it to those things? COMMISSIONER COLETTA: And you still have to vote for it anyways. And so I don't see the difference. CHAIRMAN FIALA: Okay. COMMISSIONER COLETTA: Other than the fact we designated, the fact we recognized that fund as a different entity. MR.OCHS: Well, if the funding -- if the need doesn't materialize in this fiscal year, then you have those funds sitting in that project reserve that can roll forward to that project in fiscal year 2011. COMMISSIONER COLETTA: And I guess that goes to the Page 88 December 15, 2009 question, is that money going to be utilized this year? Do you know where these projects are in the -- in the sausage maker? MS. RAMSEY: Again, Marla Ramsey, for the record. We anticipate that these two projects are going to come in this fiscal year; we anticipate that. Of course, you know, GMP amendments and whatnot are coming up for the TNT project, and so we're just in that process right now. COMMISSIONER COLETTA: Okay. Another question. CHAIRMAN FIALA: What's TNT? COMMISSIONER COLETTA: We see these two here-- MS. RAMSEY: That's the jetport A TV project. It's got different names to it. COMMISSIONER COLETTA: Why is it only these two projects are listed here and not other ones? I'm curious about that. I mean, you know, I know there's no plot out there against District 5, but the fact that there's only two listed here and they're both District 5 gives me great reason for concern. MS. RAMSEY: Because we didn't have any funding available for the new fiscal year, so what our plan was is to take funds that were savings in other projects and to apply them to these two projects during the fiscal year. COMMISSIONER COLETTA: I'm going to trust that everything you're saying is exactly the way it is. And when this thing comes back, I hope I'm not terribly disappointed along with the public I represent. Thank you. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Mark, where do we stand at the present time with our reserves? Are we at a safe level? MR. ISACKSON: Well, I think to answer that question you've got to -- we segment our reserves by funds. And I know a lot of the commissioners don't like to hear that, but that's how we do it in terms of fund accounting across the organization. Page 89 December 15, 2009 Your general fund contingency reserves are less than 2-and-a-half percent of your total expenses. COMMISSIONER HALAS: Right now? MR. ISACKSON: That correct. Now, that's just in the general fund. You know, your capital funds have reserves, but those reserves are there and are a product of the budget cycle that -- this little graphic that we had placed up on the visualizer before. The reserves that I get concerned about, and I think County Manager Ochs gets reserved (sic) about, are those that are in 111 and 001. COMMISSIONER HALAS: Okay. MR. ISACKSON: Those are the reserves that I think get our attention, certainly, as we go through the budget process. COMMISSIONER HALAS: What kind of a shortfall do you anticipate because of the economy in regards to meeting our requirements for the debt service? What's your best guess, how much we had a shortfall? MR. ISACKSON: Well, I -- Ms. Usher has a couple of graphics that we can put up on the visualizer regarding the debt that's being incurred in 301, which is an ad valorem-based operation. And we can give you a little depiction of what that would -- COMMISSIONER HALAS: Where we're at with that. MR. ISACKSON: Well, I'll let Susan walk through this. It's a-- to me it's a very good visualization of where we're at in terms of the capital allocation. MS. USHER: Good morning. Susan Usher from the Office of Management and Budget. Every year you give us about a third of a mill for general fund for capital-wide, capital projects. This graph is showing how that money's been spent over the last few years. In 2006 the blue line, or the blue part of the graph, is showing-- we have debt out there for non-impact fee-related-type projects. This Page 90 December 15,2009 -- and our third of a mill pays for that portion. So you can see that blue solid line goes pretty much straight across for all the years. The red are the impact fee loans that we've been doing over the last couple of years. Because impact fee's funding has been dropping, what we've had to do is use our third of a mill to backfill to make sure that we can pay our debt service obligations. And the green line is money that has actually gone into capital. Those green -- that green chunky line is going to Skip for facilities management to repair, to maintain, to renovate all our -- all our facilities, it goes to Mr. Axelrod for IT infrastructure, and then it goes to other -- like last year we repaired or we overhauled the helicopter. Many years ago we bought a bus, an R V -type vehicle for emergency management. So these like once-in-a-blue-moon-type capital projects are also funded with cash, and that's all in the green line. Now, as you can see, when impact fees were starting to fall and we had to back fill that with our one-third of a mill, we had to stop funding some of our capital projects. And as you can see in 2010, we really didn't fund any capital projects. We didn't give money for facilities or for IT or once-in-a-blue-moon-type things. We've told everybody to please sit tight under this situation. Now, looking in 2011, if impact fees continue to fall, and as you've heard earlier, as our taxable values, we anticipate are going to fall again in 2011, I'm expecting that block that's just highlighted in red, but it has a white color inside, the very top of that, the third of a mill is not going to cover what I think we're going to need to help the impact fee funds pay for their debt service. So I mean, it's too early to tell. It's only December. We start the budget process, and we come to you in June, and I'll have a better idea. But I'm looking at this and thinking that there's a possibility that we could be short out of the third of a mill to help the impact fee funds pay for their debt. And that's also assuming that we have no money Page 91 December 15, 2009 for capital to pay -- to give to facilities management or to IT. COMMISSIONER HALAS: My other question is -- and maybe Marla can answer this, or Mark, you might be able to answer this. What do we have -- what kind of monies do we have set aside at the present time for this Marco Museum? MS. RAMSEY: Marla Ramsey, for the record. We have no capital dollars set aside currently for the Marco Island Museum, but we did put $80,000 into our operating budget in order to help with the electricity and keeping the doors open of the buildings for when we do open it and to provide one staff person for this fiscal year. COMMISSIONER HALAS: Okay. My concern is that we have a lot of issues on our plate in regards to -- we had people come today and want -- looking for funding to harden buildings, we have people that came here to address limerock roads, we have people that are coming here in regards to the people at Marco that are looking for money for the museum. And when I look at this bleak picture of where we're headed -- and obviously we've got some big decisions to make -- my feeling is, I'd just as soon -- like to put this money in the bank and then put this museum on hold for a while until we figure out where we're at, and maybe we can address this at a later date in regards to coming up with the money. I have some serious concerns here about the shortfalls that we're going to have and how we're going to address them. And we were able to raise the millage a slight amount last year, and we may have to do that again this year, but I sure don't want to raise it because of the fact that we're pushing money out the door. I think that we have to do due diligence to make sure that we address the issues of making sure we have enough reserves in case something comes up, and we also have to make sure that we take care of any unforeseen things that may come up in health, safety, and welfare. And I understand people are looking for money, but I'd really Page 92 December 15,2009 like to see if we can't put this on a shel f and address it at a later time to see where we're at after we go through the budget cycle. CHAIRMAN FIALA: Commissioners Coyle? COMMISSIONER COYLE: Thank you very much, Madam Chair. Leo, this has been a good analysis, but I'm not sure it really gives us all the information we need. You're concentrating on a fairly small subset of our revenue and expenses, and I understand the reasons for that. But tell me how difficult it would be for you to provide us with an overall analysis of the financial circumstances of the county if we do sustain a 15 percent reduction in property tax revenue and, perhaps, the same amount of reduction in gasoline tax and sales tax revenues. And give us an -- not right now. I'm not looking for something on the fly, okay. MR. OCHS: Thank you. COMMISSIONER COYLE: But if you could give us an indication of our overall financial condition making those assumptions that you think are appropriate -- my figures might not be appropriate, but I'm expecting a 15 percent reduction in property tax revenue. But __ and then tell us how we service our entire debt with those kind of reductions in funding. That's going to be very, very important. Now, if you'll put this back -- that slide back up for a moment. I think we need to point out something so that -- yeah -- that people have a clear understanding of what we're doing here. Although we're in very dire financial circumstances, we have done some smart things here. For example, the loans that we're making to pay the debt for impact fee funds, those are to be paid back to us. We're merely helping the impact fee funds pay their debt for a while, and we expect that money to be paid back to us. But you see that we're running out of money to even do that. And there's no way that we can get those impact funds to pay back the money anytime Page 93 December 15,2009 within the next couple of years. So we need to find a way to survive for that period of time. So is that possible for you to get that information to us in a relatively short period of time? MR.OCHS: Yes, sir. We could have it back-- COMMISSIONER COYLE: By five clock this afternoon? MR. OCHS: No, not that soon. MR. ISACKSON: I think, Commissioner, based -- we can make certain assumptions on taxable value, get you that information, begin to calculate the potential impact. I mean, essentially what you're doing is, we were planning on doing that as part of your budget policy in February. COMMISSIONER COYLE: Yeah. MR. ISACKSON: It looks like you want it accelerated. We can __ maybe the first or second meeting in January we can provide some preliminary information leading into that policy, if that's sufficient. COMMISSIONER COYLE: That would be great. That will help us formulate the budget policy a lot more clearly. That way we'll have a good overall estimate of where we're going. And you guys are better qualified than I to try to make estimates on impact -- well, impact fee revenues and sales taxes and gasoline taxes. So if you could get that, that would helpful. Now, the other thing that we've sort of ignored in our discussion, we actually have two questions before us. One is, what do we do with this $3.9 million or so, and how are we going to address the needs of the museum in Marco? The Historical Society has done a wonderful job of raising money and building a fantastic facility in Marco, and I would hope that we would be able to find a way to help construct the necessary exhibits so that the museum can open. But in saying that -- and I'll do whatever I can to facilitate that. We have to do it in the right way. And I -- that is not even on the agenda today. It hasn't been Page 94 December 15, 2009 advertised. And as much as I know that Commissioner Fiala would like to get this resolved -- it's an important project for her and for you and for all of us -- I think that had it been advertised that we were going to dole out $350,000 for a project this afternoon, or today, there would have been people here saying, I want part of that excess money, too. Can you give me some of this for limerock roads or for other things? COMMISSIONER COLETTA: Did you say limerock roads? COMMISSIONER COYLE: Yes, I did. COMMISSIONER COLETTA: Thank you. COMMISSIONER COYLE: Yeah. I will not vote for limerock roads, just to make it clear. COMMISSIONER COLETTA: Well-- COMMISSIONER COYLE: But anyway, the point I'm getting at is, I would feel more comfortable if we advertised this issue so that it could be argued completely with people in the audience who want to hear that debate, because right now the issue of allocating money for the Marco Island Museum is not on the agenda. It was not advertised to be on the agenda. This was only a budget report of money that the staff was recommended to be placed in reserves. So I would urge you to let us do it at a publicly advertised hearing. And I will make a commitment to Commissioner Fiala that I'll do whatever I can to find a way to do it, but I don't know how we come up with that kind of money this quickly. I would like to pursue some additional grants and see if we can do it that way. Now, let me tell what you I think would be helpful to us all. We don't have a contract, to the best of my knowledge, or a bid even, to construct these displays. We don't know how much it's going to cost. Somebody has made an estimate. But do we have the people who are going to do this work under contract? Have we competitively bid it? For this amount of money, we should be competitively bidding this stuff. Page 95 ~...>-,."._".,_.~..-".......---.__..._"_-_"_-"---'-"----"'- . December 15, 2009 And so it's -- it would be helpful if we get to -- when we get to the point of making a financial commitment if we know what our financial commitment is going to be. Now, someone has proposed to me, look, why don't you agree to match the $350,000 that the Marco city government has promised and then specify that's the end of your commitment for building displays. I don't know if that will work. Maybe it will, maybe it won't. But in any event, we need to find out what our commitment is. There's a lot of confusion about what Collier County's commitment is. People have talked about a million-dollar commitment here. There is no million-dollar commitment here and never has been. The only commitment in the contract, and this was six-and-a-half years ago, was that we would build the displays, and that was a really, really badly written contract because it doesn't say what the cost of those displays is. So somebody can determine the cost of the displays is going to be $5 million. They can interpret the contract as meaning we've got to pay that. Well, you know, it doesn't work that way. We've got to be in the approval process. And if we think the displays are too expensive and we can't pay for it, we're going to have to change the displays, and you're not going to like that, I don't think. You've got a wonderful design, and I'd love to do it the way you've got it laid out. But rather than ramble on and on, those are the things that bother me, and I'd like to take some time to fill in the gaps and get those things done so -- but the last thing I want to do is to leave the people who have put their own money and their time and their effort into building this thing out on a limb. I think we should still maintain our commitment to getting that museum built to the level of quality that you all expect. It's just that we might need some more time to get over these financial problems and maybe get some grants to help us along. CHAIRMAN FIALA: Thanks for your support. I appreciate that. You don't know how much I appreciate that. And we did apply Page 96 December 15,2009 for grants, by the way. When we found that we didn't have any funding sources available, we applied for a million-five, and we were denied, which was sad, but anyway, we tried that. And I just want to add before I call on the other commissioners, I'm not even looking at new dollars. I'm not even -- I'm just taking money that was left over that had been allocated out of our budget for other projects and the budgets came in below -- or the projects came in below budget. I'm just saying, take that money that we've already had -- it's not new money or anything -- and let's apply it to this. I don't want to see us losing $350,000. I want to see us moving forward so that now we have a project that we can open and display. I don't know how much longer we can -- how much time do you need, the museum people -- where's Craig? Commissioner Coyle was saying that he would like to bring this back -- well, now, of course, it won't be till the second meeting in January, or to the first meeting in January, if we could do that. MR. WOODWARD: Yeah. I think that question may be better answered by your own staff who knows how long it takes to get displays than I do. So I would defer -- you know, I think Ron Jamro is here, and he would be better equipped to answer that than I do (sic). MR. JAMRO: Good afternoon, Commissioners. Ron Jamro, your Museum Director. The question maybe, how long is the Marco offer good? That would be -- that's Craig's department again. I'm not sure about that. But we're probably looking at design development and then final completion, you need about five months. CHAIRMAN FIALA: Wow. MR. JAMRO: Which is why I had hoped we would have already started the first part with the TDC grant. We could have had the answers to Commissioner Coyle's questions if we'd moved right along and got that study under way with our exhibit firm. And we do have an exhibit firm under contract to the county that we use, so there Page 97 December 15, 2009 would be no bid from that point of view. And their best guess, from what -- all the ideas they've heard down on Marco and future improvements to the exhibits, one -- $1.5 million, but what we're discovering right now is that we're building exhibits for -- very economically. Prices on everything have gone down, and we're being pleasantly surprised at some of the prices we're paying for plexiglass, and the high-tech things have really come down in price, so that's good news. CHAIRMAN FIALA: Is there a way -- is there a way for us to at least let them know that we're committing this $350,000 so they can move forward without much of a delay and yet bring it back? I don't know if something like that can even be done. I just hate to put this off any longer. MR. WOODWARD: As far as how long the city council -- we have the chairman of the city council here so, you know, I can defer to him. But my understanding from being at the city council meeting is they saw it was important to get the exhibits funded in fiscal year 2010 and -- so that things can be done next year. It's going to -- they may not -- it may not -- it may take longer to actually -- because -- to figure out what you're going to do and how long it takes to design it. It may take six, nine months. I think the five months may be really pushing it a little fast. So that's the museum. You know, we'd like to get it done this summer and get it ready so next season it's -- there's something to really see there. And of course, you know, people could see things while it's being done. You could still go in. We have two little museums. We'll be moving those items over. And you know, the people can see that. But they need the -- there's a lot of enthusiasm, a lot of enthusiasm, and we want to keep that enthusiasm, and it's -- we truly believe -- you saw the data. We think this is money being spent now that will pay back, you know. The restaurants and -- that's why your TDC supported this. Page 98 December 15,2009 And we really -- we really think it's -- you're spending -- it's like a little stimulus plan, you know. I mean, I don't know how you -- whether we believe in that or not, you know, quite honestly, but maybe that's the best approach to look at. And, you know, after this match money's not available, and again, our council chair is here, then, you know, there would -- it's not going to be on the table indefinitely. The City of Marco has other needs too, and this money could be used for many other things, but then you'd going to be paying at full dollar rather than 50 cents. CHAIRMAN FIALA: Thank you, Craig. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Commissioner Fiala, when we began this discussion, you made a motion to be able to discuss it for consideration. CHAIRMAN FIALA: Uh-huh. COMMISSIONER COLETTA: I second your motion. I hope it's not a moot point, but I think it's -- nothing harmed by open discussion to be able to keep it going forward. CHAIRMAN FIALA: Okay. Do I -- from that motion and second, do I need to get nods or something that we discuss this? COMMISSIONER HENNING: We already did. CHAIRMAN FIALA: I know that, but I'm asking. COMMISSIONER COLETTA: Well, I want to make it legal so that it could be -- MR. KLA TZKOW: No, you're legal. COMMISSIONER COYLE: I'm sorry. Can I speak? CHAIRMAN FIALA: Go ahead. COMMISSIONER COYLE: We're legal discussing it. My only concern was to make a final decision without it being properly advertised, okay. That was my only concern. COMMISSIONER COLETTA: Well, I second Commissioner Fiala's motion. Page 99 December 15, 2009 CHAIRMAN FIALA: Okay. Thank you. Thank you very much. Let's see. I have Commissioner Halas again. COMMISSIONER HALAS: The other thing that needs to be brought up when -- Mark, when you bring all this back, is proposed unfunded mandates that may be coming down from the state. I think that we're going to be impacted heavily this year, and that's another part of this equation with this bar graph that's here. So we don't know how big this top chunk is. So I think that's another issue that needs to be addressed, because there is going to be some additional unfunded mandates coming down from the state. And like I said, I don't -- I don't feel at all comfortable about this. I believe that -- I understand where Marco Island is and I understand what Commissioner Fiala's trying to address, but I'm also looking at health, safety, and welfare, and I'm also looking at the bottom line as far as what it's going to take to generate revenues to make sure that we have a balanced budget. And we're -- you know, we don't make money here. We're not the federal government, and we have to come up with a balanced budget. So I'm just looking down the road, and I -- I see storm clouds, and I don't like it, okay? CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: I'm going to make a motion to approve staffs recommendation. COMMISSIONER COYLE: Second. COMMISSIONER HENNING: And the reason I'm making it, there's -- it doesn't close the door to do a budget amendment to do any type of funding. That still could be done any particular time. But what I hear, Commissioner, is there is enough support to listen further and potentially fund the exhibits for the Marco Island Museum. But here's what I want, besides emailing that graph to me, you Page 100 December 15,2009 know, I don't know if -- I mean, we hear it all the time about the board opening up a building or putting in landscaping and that. Why are you spending money at this time? You know, you're crying about you're short and you don't have enough money and you're asking me for more money but you're putting in this beautiful whatever it is. So the question that I would have when it comes back is, is it -- is it absolutely necessary for that type of a display? Not a cardboard box. Something that, you know, that is sufficient for what's being displayed. MR. OCHS: Yes, sir. COMMISSIONER HENNING: I mean, you have a lot of staff that has done fitted buildings, and I'm sure they can give us that type of analysis. One thing I would hate to -- I would want to be proud, if I vote for funding something that is not necessary in these economic times, that the citizens are getting a bang for their buck. So with that, I'm ready to vote on the motion so we can go to our time certain. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Could I ask if the motion maker would include in his motion direction to staff to at least pursue any grant opportunities that might be appropriate for museums? COMMISSIONER HENNING: Yeah. I don't know if anybody's -- who's supposed to be bringing this back. I mean, I heard Mr. Woodward was going to bring it back, and I've heard -- I don't know who's going to bring it back. Is it the citizens of Marco Island or is it our staff? MR. OCHS: I would suggest that we bring it back with -- COMMISSIONER HENNING: Okay. MR.OCHS: -- consultation with the historic society on Marco Island. It is a joint venture, and we need to be front and center on this with them. Page 101 December 15, 2009 COMMISSIONER HENNING: Okay. And part of my motion is to direct staff to work with the Historical Society, bring that back for funding of the displays, consider the commissioners' comments, including grant opportunities, take a look at grant opportunities out there. CHAIRMAN FIALA: We've got -- he included this in his motion, right? COMMISSIONER COLETTA: No. We had a motion, you had a motion. CHAIRMAN FIALA: Oh, to discuss it. Oh. COMMISSIONER COLETTA: No, no. We discussed it, but we never took a vote on the motion that you made and I seconded. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: What's your motion? I'm confused. CHAIRMAN FIALA: The motion was initially to discuss this item, which we have just done, and Commissioner Coletta seconded that. And although we've already discussed it, should we vote on that motion? MR. KLATZKOW: You can withdraw it and-- CHAIRMAN FIALA: Pardon me? MR. KLATZKOW: Just consider it withdrawn. You've already discussed it, so, you know. COMMISSIONER COYLE: Yeah. CHAIRMAN FIALA: Okay. So we don't --legally we don't need to have -- MR. KLATZKOW: No, you don't. CHAIRMAN FIALA: -- that. Okay, fine. I'll withdraw my motion. COMMISSIONER COLETTA: Okay. CHAIRMAN FIALA: And thank you, Commissioner Coletta. Commissioner Coyle. Page 102 December 15, 2009 COMMISSIONER COYLE: No, that was it. It was just left on from last time. Whoops. My fault. CHAIRMAN FIALA: Okay, okay. And while you're discussing this and preparing this, I think the -- always the importance to tourism should be -- should be -- you know, because we're talking about money and what it does to generate, and so maybe this should be included in the presentation when they come back. Craig? MR. WOODWARD: Yes, just very quickly. I wanted to comment. Just so Commissioner Coyle knows, I did ask that this be a specific item on the agenda and, you know -- said, you know, the Marco Museum. I did ask for that. There was no intention not to bring the public in. And I think we certainly realize that the whole public should know. And I think there is a difference between a lot of other people, because a lot of people who come in front of you are not offering to pay half of the freight. Weare quite willing to work with your staff. And I'm not real, real clear on what -- we've done our full presentation. I don't know what more you need from us. Maybe your questions are more directed to staff coming back for answers? We don't want to just have to come back and put our presentation on again just so that the public can hear it unless that's what you want. And I guess I'm asking, what do you need from us, you know? COMMISSIONER COLETTA: Our staff is going to be -- CHAIRMAN FIALA: And by the way, he is right. He had asked to have this as an agenda item and a time certain, and I sought advice, and it was suggested that we didn't. We should couple it in this. That's why it wasn't advertised. And in hindsight, it should have been, and I'm sorry about that, because it -- not only was it suggested, but, you know -- but anyway, that didn't happen. COMMISSIONER COYLE: I can assure you ifby chance the Page 103 December 15, 2009 board should select me as the chairman next year, I will be happy to facility it getting on the agenda for discussions. And what I would like to see, and I think what I gather from the other commissioners, is that they'd like to see an analysis -- and it's really going to have to come from our staff -- of what our commitment is going to be. You know, I think we just heard that if we chip in 350,000 and the City of Marco chips in 350,000, we haven't even satisfied half of the commitment for the construction of the exhibit. So we need to know where this is going because we're not only making commitments to build exhibits, but we're making commitments to operate and maintain the museum over time. And while in good times I would not be at all concerned about that because it's well worth it, in bad times when we might default on a bond or a loan, we have to be more careful. And timing then becomes an issue. So -- but from speaking for myself, I don't want anyone to interpret my remarks of caution to be a failure of resolve in helping you get this thing done. MR. WOODWARD: Okay. CHAIRMAN FIALA: And I appreciate that. And you know -- and when we supported the zoo and when they wanted to eliminate their rent -- and by the way, we thought that was the right thing to do because we knew that the public would be able to enjoy that. And yes, that's money that we don't have coming in every single year, and we were happy to do that we -- because we -- it was the right thing. The museum will be open to the public free of charge forever every single day of the week. And I would think that we would want to, again, support the museum. MR. WOODWARD: I'm just here to clarify, because the people on Marco are going to be asking us, you know, what is the position of Collier County; because they -- they put 350,000 down and they're asking the position of Collier County, so I need to go -- we need to be Page 1 04 December 15, 2009 able -- the people in this room need to be able to go back and answer that question. And so you're basically looking for the staff to come back to you with the dollars. As Ron Jamro mentioned, dollars are going a lot further these days. So spending dollars now, you know, really goes a lot further. So the numbers, you know, we don't know what they're going to do but, you know, your staff has got some preliminary numbers and can get back to you on that. The total commitment -- and there's a timeline issue. I understand the timeline issue because, you know, you spent some money now, we can get the museum open. It may take a number of years, quite frankly, depending on the economy. We won't -- we're not -- the TDC monies is what we're looking for to continue the exhibit funding, not this board, you know, and so we understand your stresses. This is a one-time shot. We were looking at TDC fundings, and a lot of those fundings went to non-county museums. Unfortunately, our county museums are under, you know, stress now, and that's why we're here. So I'm looking for a clear answer so I can clarify to our community what's going on. Thank you. CHAIRMAN FIALA: Okay. Thank you. So we have a motion on the floor and a second, and the motion includes bringing this item back. It doesn't say when, but I would guess ASAP, right? Okay. COMMISSIONER HENNING: 2011. CHAIRMAN FIALA: No. Or is that your motion? COMMISSIONER HENNING: No, let's vote. CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. Page 105 December 15, 2009 COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: And so Leo, I would love it if you'd get it back as soon as possible. MR.OCHS: We will. CHAIRMAN FIALA: Thank you. COMMISSIONER HALAS: And also make sure you know what our commitments for unfunded mandates are, too, because that's going to be a part of the equation. Item #12A THE BOARD IN EXECUTIVE SESSION DISCUSSED SETTLEMENT NEGOTIATIONS IN THE PENDING LITIGATION CASES OF CRAIG GRIDER AND AMBER GRIDER V. COLLIER COUNTY, CASE NO. 08-7794-CA AND CRAIG GRIDER AND AMBER GRIDER V. COLLIER COUNTY, CASE NO. 09-3164-CA, BOTH WHICH ARE NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA - CLOSED SESSION MR. OCHS: Madam Chair, you have -- you had an 11 :30 time certain and you have a 12 o'clock shade session that's announced. The CHAIRMAN FIALA: And it was just pointed out to me that we haven't had a break in about an hour and a half, right, and so -- will this 11 :30 time certain go rather quickly; do you think? MR. OCHS: Well, we've talked to the consultant who is here. He can wait till after your one o'clock when you come back from your session if you'd like, and if we could take that item just before you start your advertised public hearings in the afternoon, we can go ahead Page 106 December 15, 2009 and proceed to your 12 o'clock time certain. Jeff, I think, has to make an announcement. MR. KLA TZKOW: Yeah, just a very quick announcement for the record, statutorily required. We're going to be breaking out and to discuss the Griders in a closed session. I expect it to take about 20 minutes. In attendance will be County Manager Leo Ochs, myself, Assistant County Attorney Steve Williams, as well as the members of the board. CHAIRMAN FIALA: Thank you very much. We will return at 1 :30. Thank you. Yes? MR. OCHS: One o'clock? 1 :30 you're coming back? CHAIRMAN FIALA: Do you -- you don't want to take an hour for lunch? You want to just take a -- MR. OCHS: That's fine. It's the chair's prerogative. You've got two more time certains this afternoon, ma'am. CHAIRMAN FIALA: Oh, okay. Well, we'll come back at one o'clock then. We're all just here. We're not going anyplace. MR.OCHS: Thank you. (A shade session was had, and the proceedings continued as follows:) CHAIRMAN FIALA: Would you all please take your seats. Item #12B DIRECTION TO THE COUNTY ATTORNEY REGARDING STRATEGY RELATED TO SETTLEMENT NEGOTIATIONS IN THE PENDING LITIGATION CASES OF CRAIG GRIDER AND AMBER GRIDER V. COLLIER COUNTY, CASE NO. 08-7794-CA AND CRAIG GRIDER AND AMBER GRIDER V. COLLIER COUNTY, CASE NO. 09-3164-CA, BOTH WHICH ARE NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND Page 107 December 15,2009 FOR COLLIER COUNTY, FLORIDA - MOTION FOR THE COUNTY ATTORNEY TO DILIGENTLY DEFEND THE LOT LINE ISSUE AND TO DISMISS THE APPEAL - APPROVED MR. OCHS: Madam Chair, this takes you to your one o'clock time certain, which is 12B, for the Board of County Commissioners to provide direction to the county attorney regarding strategy related to the settlement negotiations and in the pending litigation cases, it's Craig Grider and Amber Grider versus Collier County, case number 08-7794-CA; and Craig Grider and Amber Grider versus Collier County, case number 09- 3164-6A (sic), both -- which are now pending in the 20th Judicial Circuit in and for Collier County, Florida. CHAIRMAN FIALA: Okay. Do I call on the county attorney now? MR. KLATZKOW: No. I'm seeking direction from the board. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: Madam Chair? CHAIRMAN FIALA: Yes, sir. COMMISSIONER HENNING: I'd like to make a motion to direct the county attorney to diligently defend the board's previous action to defend the lot line adjustment issue, and that would be the only issue that we deal with on this issue. CHAIRMAN FIALA: Okay. And do I hear a second? I'll second that. Okay. And we're not allowed to discuss this anyway, are we? MR. KLATZKOW: Well, for clarification, I mean, do you want us to continue the appeal or dismiss the appeal? COMMISSIONER HENNING: Dismiss the appeal. MR. KLA TZKOW: Thank you. CHAIRMAN FIALA: Okay. Is that what you need now, County Attorney? MR. KLATZKOW: Yes, it is. Page 108 December 15,2009 CHAIRMAN FIALA: Okay. I have a motion on the floor and a second. Any discussion? (No response.) CHAIRMAN FIALA: 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: That's a 5-0. Thank you. Item #10D RESOLUTION 2009-305: THE CONDEMNATION OF A FEE SIMPLE INTEREST PARCEL AND A TEMPORARY CONSTRUCTION EASEMENT PARCEL REQUIRED FOR THE CONSTRUCTION OF REDESIGNED IMPROVEMENTS TO THE INTERSECTION OF COLLIER AND DAVIS BOULEVARDS. (COLLIER BOULEVARD PROJECT NO. 60092 AND DAVIS BOULEVARD PROJECT NO 60073). ESTIMATED FISCAL IMP ACT: $285,500 - ADOPTED AL TERNA TIVE #3 MR. OCHS: Commissioners, that takes you back to Item 10D, which was an 11 :30 a.m. time certain. That was a recommendation to adopt a resolution authorizing the condemnation of a fee-simple interest parcel and a temporary construction easement parcel required for the construction of redesign improvements to the intersection of Collier and Davis Boulevard. Mr. Jay Ahmad will present. MR. AHMAD: Good afternoon, Madam Chair, Commissioners. Page 1 09 December 15,2009 My name is Jay Ahmad, for the record. This is a condemnation resolution before the board. We were before you in 2008 where we -- where you adopted the resolution for a condemnation. Since then we've been talking to the Florida Department of Transportation, and we have devised the intersection of Davis and Collier Boulevard. There are actually two projects there, and we needed additional right-of-way from the -- from the Hess gas station on the north side, northwest corner of the intersection. We must state certain things for the record. And I have with me the engineer of record, Frank Scerbo with the firm, CH2MHill. I'd like him, if you allow us, Madam Chair, to present and state certain things in the record. CHAIRMAN FIALA: Thank you. Certainly. MR. SCERBO: Good afternoon. As Mr. Ahmad said, my name is Frank Sherbo. I'm with CH2MHill, the designer for the Collier Boulevard improvements between Davis Boulevard and the main Golden Gate Canal. As part of this project, we're improving the northwest corner of the Collier Boulevard/Davis Boulevard intersection. CHAIRMAN FIALA: Was that the stuff in yellow, by the way, on the last one? MR. SCERBO: On the existing condition slide? I'm sorry. On the first one, yes. The limit of the project is shown in yellow on the first slide, yes. On the second slide we show the existing condition. And the existing condition at this location, there are two right-turn lanes from Collier Boulevard southbound to Davis Boulevard westbound. Signing is present at this intersection, noting that trucks should use the leftmost or inner right-turn lane, and cars should be using the right-turn lane. As shown on this graphic, a truck with the size classification of Page 110 _"_,_..____"._'.._.M___.~..___,~".____~._.,.,_..,.......,...._. ..-"-.-".___'_.____"~~.___.,,____~.~.'__._n".___~____.".^'.__' .., December 15,2009 WB50 can make a right-hand turn from the inside right turn at the same time as a car can make a right turn from the outside right-turn lane. The original design for this project is shown on this next graphic. The design utilized 12-foot traveling lanes on Collier Boulevard and maintained the two right-turn lanes from Collier Boulevard southbound to Davis Boulevard westbound. Regulatory signing along Collier Boulevard on the side of the right-turn lanes was included requiring trucks to use the most -- the leftmost right-turn lane and cars use the right-turn lane. The roadway geometry was revised to allow a truck with a size classification of WB50 to turn in the leftmost right-turn lane alongside a car in the right side right-turn lane, this replicating the existing condition. In order to construct the roadway improvements under the original design and including sidewalk improvements, acquisition of right-of-way was required and obtained by the county in the form of a fee taking and a temporary construction easement. At the direction of the county, additional alternatives were investigated. These alternatives are based on reducing the width of the travel lanes on Collier Boulevard to 11 feet from the 12 feet that exists today. Based on this reduction in lane width, three additional alternatives have been evaluated. The current slide shows alternative one. The roadway geometry has been revised to allow a larger truck with a design classification of WB62, and then a 15- foot inside right-turn lane to make a right turn in conjunction with a passenger vehicle in the outside right-turn lane. The graphic shows -- the colored portion of the graphic shows the turning pass of both vehicles. This alternative maintains the right-of-way requirements of the original design. Enhanced signing, requiring trucks to use the leftmost right-turn lane only, as well as Page 111 December 15,2009 requiring vehicles in the outside right-turn lane to yield to trucks in the adjacent lane is to be provided. In alternative two, the roadway geometry has been revised to provide even a larger truck with a classification of a WB67 in a 15-foot right-turn lane. CHAIRMAN FIALA: What's a WB67? MR. SCERBO: The design classifications are because on the size of the vehicle. If you look at the top of the slide -- COMMISSIONER HALAS: Are we talking of a six-wheeler or you talking 18-wheeler? MR. SCERBO: Eighteen. They're all 18-wheelers, and each one has a larger trailer on the back of it. COMMISSIONER HALAS: So we're talking 48-foot trailer and a 53-foot trailer? MR. SCERBO: Correct. COMMISSIONER HALAS: Could you define which one's a 48-foot trailer and which one is a 53-foot trailer? I think it will be clearer for us, because we don't know all these nomenclatures, the truck size and the weights and classifications. MR. SCERBO: Sure. COMMISSIONER HALAS: Okay. MR. SCERBO: WB67 is a 53-foot trailer, which is the largest classification that we analyzed at this intersection, which is the common vehicle that you'll see on the interstates is a WB67. A single trailer 18-wheeler is a WB67. COMMISSIONER HALAS: Okay. What's the difference between -- other than the length of the trailer, a 53-foot and a 48-foot? MR. SCERBO: The size of the trailer will determine how sharp a turn the truck can make. So the longer the trailer, the larger the radius or the turning path that the vehicle will have in making a right turn. The shorter the trailer, the shorter the radius or the turning path for the turning vehicle to make. Page 112 December 15, 2009 COMMISSIONER HALAS: Thank you. MR. SCERBO: And as we went through these alternatives, we looked at comparing each tractor-trailer turning at the same time as a car adjacent to it. So both vehicles could make the turn at the same time is the basis of the three alternatives that we analyzed here. So alternative two, we analyzed the larger truck, the 53-foot trailer turning alongside with a passenger vehicle using a 15-foot turn lane for the truck-turning lane. This alternative requires an additional 210 square feet of fee taking as well as an additional 69 square feet of temporary construction easement to accommodate the roadway and the sidewalk improvements. This alternative will also include the enhanced signing requiring the trucks to stay in the leftmost right-turn lane and the vehicles, the cars, in the right turn -- the right side right-turn lane to yield to the trucks as they turn. Alternative three is similar to alternative two. We analyzed the 53-foot trailer, but we reduced the truck -- the width of the truck-turning lane to 12 feet to see if that would allow any savings on right-of-way. By doing that, the right turn is still being able to be handled by a tractor-trailer as well as a passenger vehicle at the same time. This reduces the fee taking by 57 square feet from alternative two and reduces the temporary construction easement by 20 square feet from alternative two. The enhanced signing requiring the trucks to use the left-side turning lane as well as the vehicles to yield to the trucks as they turn will be included. That's what's shown on this slide here showing the pass there. This is a summary of the existing conditions, the original design and the three alternatives. Based on the analysis that we performed, it is recommended that the design be revised to incorporate alternative three with the enhanced signing. This alternative allows the largest Page 113 December 15, 2009 truck that has been observed at the intersection to be able to make the right turn simultaneously with the vehicle, a passenger vehicle, and minimizes the amount of the additional right-of-way that would be required at this location. That concludes my presentation. I'll answer any questions you may have. CHAIRMAN FIALA: Thank you. I have no questions from the commissioners, so, Jay, did you want to -- you want to put anything on the record? MR. AHMAD: Yes, ma'am. We brought this before you because we were before a judge on this matter, and the judge, through the other experts that -- the owner, the property owner presented to us, he made these issues known to the judge, and the judge wanted us to investigate this. So that's the purpose that you -- normally you won't have seen that much detail as a presentation. You'd have seen it in public information meetings and so forth. But to this detail, that's the reason we're doing this. CHAIRMAN FIALA: Okay. So then all you need from us is to adopt the resolution and authorize -- authorize the budget amendment; is that -- MR. AHMAD: What I'm asking is a staff recommendation for this item, which is to adopt this resolution of a condemnation for the parcels required. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Okay. I have a motion from Commissioner -- MR. AHMAD: And approve alternative three as stated. COMMISSIONER HALAS: Alternative three. CHAIRMAN FIALA: And alternatively three? COMMISSIONER HALAS: That's in my second. Page 114 December 15, 2009 COMMISSIONER COLETTA: Yes. CHAIRMAN FIALA: Okay, very good. So Commissioner Coletta made the motion, and Commissioner Halas seconded it. Any discussion? (No response.) CHAIRMAN FIALA: All in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: (Absent.) CHAIRMAN FIALA: Opposed, like sign? (No response.) MR. AHMAD: Thank you very much. CHAIRMAN FIALA: That's a 4-0, thank you. Item #8A ORDINANCE 2009-71: AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDA TED 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/COMMERCIAL EXCA V A TION LAND USE CATEGORY AND IMPACT FEE RATE AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF MARCH 16,2010 IN ACCORDANCE WITH THE NOTICE PERIOD REQUIREMENTS OF SECTION 163.31801(3)(D) FLORIDA STATUTES; THIS ACTION IS IN FURTHERANCE TO THE DIRECTION PROVIDED BY THE BOARD OF COUNTY Page 115 December 15, 2009 COMMISSIONERS ON JUNE 23, 2009 - MOTION TO APPROVE STAFF'S RECOMMENDATIONS FOR IMPACT FEE WITH NO MAINTENANCE FEE - ADOPTED MR.OCHS: Commissioner, that moves us to your advertised public hearings this afternoon. SA is a recommendation to 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 Characteristic Study, mine land use, amending Schedule One of Appendix A to reflect the new mine/commercial excavation land use category and impact fee rate and providing for delayed effective date of March 16, 2010, in accordance with the notice period requirements of Section 163.31S0 1 (3)( d), Florida Statutes. This action is in furtherance to the direction provided by the Board of County Commissioners on January 23, 2009. And Mr. Casalanguida will present. MR. CASALANGUIDA: Good afternoon, Commissioners. Nick Casalanguida with Transportation Services Division. As part of our board meetings a couple years ago, we had conditional use applications that came forward, and we talked about road maintenance and road capacity issues with heavy-haul vehicles, and one of the directions was for the board to legitimatize any sort of impact fee that would come forward from the use of heavy-haul trucks that use our roads. With that said, we brought this item forward for your consideration to direct us to come back with an ordinance amendment, and we did. We actually continued the item to meet with some of the folks from the industry to talk about some of their concerns, and included that in this item. What you have here is, currently there is no impact fee. And Page 116 December 15, 2009 we're not talking about a new impact fee, a category for mining land use. And so the rest of the industries that pay impact fees subsidize the heavy trucks that use those roads. So anybody else who comes forward and applies for a building permit and pays their impact fee pays for part of the capacity that heavy-haul trucks use right now. So it's not a new impact fee, but yet a new category. One of the concerns of the industry was on-site reductions for material that they would not bring on our roads, and we've addressed that in our ordinance. And we also -- brought to our attention a reconciliation if they had material that was waste, and they were given a period of five years to deal with that reconciliation period to provide us documentation to allow us to determine what that is. We've lowered the fee from the adjustment factor because our other impact fees did not have a truck adjustment factor in them. So we're treating them almost like cars, even though for transportation purposes, heavy-haul vehicles are almost given a 1.5 to two multiplier for the fact that they move much slower than cars do. So we have one of the most conservative impact fees rates around the states, and it boils down to 26 cents a truck. One of the concerns with this application was that they didn't want to have to pay for this up front. They wanted to pay per truck. If you could equate it to anybody else that pays an impact fee, it'd almost be like a McDonald's or a gas station saying, we want to pay at the end of the day or the end of the month and tell you how many people came in to shop for us. Managing that number is difficult. You wouldn't collect any money. And what you've set is a five-year period to pay impact fees. And so we've said to the industry, five years is the amount of time you have, and you have the ability to reconcile. And remember, no other category has that ability right now. Your other categories don't come back after a couple years unless they go through a whole laborious process and say, we want to reconcile our impact fees. Page 117 December 15, 2009 So I think we've taken as many of the concerns the industry has brought forward and been fair with this. I presented the issue of maintenance as Item 1 in your executive summary, but the primary issue here is an impact fee, and it's mostly for road capacity. And with that, I'll answer any questions you have. CHAIRMAN FIALA: Okay. Actually we have four speakers, and so before I -- COMMISSIONER COLETTA: We'll wait. CHAIRMAN FIALA: -- go to the commissioners, we'll hear from the speakers. MS. FILSON: The first speaker is Clay Brooker. He'll be followed by -- and I think it's Brian Smalkoski; is that right? MR. SMALKOSKI: That's correct. MR. BROOKER: Good afternoon, Commissioners. Thank you. My name's Clay Brooker. I'm with Cheffy Passidomo, and I'm here today before you on behalf of Cemex and Barron Collier. If this impact fee is adopted today, the mining industry, to the best of our knowledge, will become the only business or industry in all of Collier County singled out to pay two fees for road impacts. The industry already pays a user fee of a dollar per truck. It's commonly known as buck a truck. Buck a truck came into existence a few years ago, and the county's justification for it was the fact that no road impact fee was imposed on the industry. Now an impact fee is being considered for adoption, but rather than replacing buck a truck, it would be imposed in addition to buck a truck. It is simply unfair to single out one industry to pay two fees. Both an impact fee and a user fee require, in order to be legal, a study of recent and localized data to ensure that the fees charged bear a rational nexus to the actual impacts. In our opinion, the study behind today's impact fee is flawed in a number of ways which unjustifiably requires payment in excess of a mine's actual impacts. Perhaps the easiest-to-understand example is the construction Page 118 December 15,2009 cost of a lane mile of road. The study relies on the outdated construction costs. The most recent indicator of to day's construction cost is the bids received for the Oil Well Road project, but the study ignores that data. The payment schedule of the proposed impact fee is also flawed in our opinion. A mine takes about three or four years of permitting before it's even up and running. As drafted, the ordinance before you today requires payment very early on in the permitting process, years before the mine's up and running. We acknowledge that staff attempted to address this problem by including in the ordinance a true-up or reconciliation mechanism by which a mine can prove, once it's up and running, what its actual road impacts are. While this concept sounds good, the ordinance gives only five years to true-up, and the five-year term starts to run early in the permitting process long before the mine is up and running. Therefore, the five-year true-up opportunity is meaningless since we won't have time to prove what the actual impacts are, and we would request that that term be increased to ten years if, in fact, an impact fee ordinance is adopted today. Finally, with respect to buck a truck, no study justifies the one-dollar-per-truck number. The study doesn't exist. It's completely arbitrary. In fact, by way of comparison, Lee County Commission did a study which concluded that a defensible user fee, such as buck a truck, would be 16 cents per truck, a far cry from a buck. To put it simply, buck a truck is not legally defensible. But more fundamentally, again, why is the mining industry being singled out to pay a user fee like buck a truck? Mines pay their real property taxes like everyone else. And by way of example, one mine that's up and running has paid $400,000 over the last two years towards real property taxes, which go to maintaining roads, a part of them go to maintaining roads. CHAIRMAN FIALA: Thank you. Page 11 9 "-"--'~'-"-'----~--_._.._~,."-_., December 15, 2009 MR. BROOKER: So why -- two sentences. So why is the mining industry being singled out unfairly? It shouldn't be, especially if the impact fee is adopted today. MS. FILSON: The next speaker is Brian Smalkoski. He'll be followed by John Poeppelman. MR. SMALKOSKI: Thank you, Commissioners. My name is Brian Smalkoski. I'm a certified and a registered transportation professional with Kimley-Horn & Associates. We've reviewed the proposed impact fee ordinance and associated studies prepared by Tindale Oliver. Tindale Oliver is a recognized expert throughout the state in impact fees, and their methodology is sound; however, there appears to be a lack of familiarity with the mining industry and a lack of recognition of the changed economic conditions, and these have led to some flawed assumptions. First, the assumption that all excavated volume is hauled off site is incorrect. I know that the county's made some concessions to that from permitted volume to excavated volumes. But, again, there are some reductions from excavated volume to what's actually hauled. Second, there is an assumption that smaller trucks are used than are actually used to haul material off site. These two result in an overestimation of trips generated from mines. Third, the mines in the study that had the most trips also had the longest trips. This results in an overestimation of trip lengths in the trip characteristics study. And lastly, as mentioned previously, the cost of road construction has come down considerably from the data used in the study. Individually, these are not very significant, but combined they result in a calculation of a fee that is over twice what it should be. The fees assessed should be equitable with an understanding of actual mine trip characteristics and impacts. As proposed, these are neither justified or supported by data. Page 120 December 15,2009 Thank you. And if you have any questions, I'm free to address those or also work with Tindale Oliver to address some of these concerns. CHAIRMAN FIALA: Thank you. MS. FILSON: Next speaker is John Poeppelman. He'll be followed by Bruce Anderson. MR. ANDERSON: I'll waive. MR. POEPPELMAN: Good afternoon. My name is John Poeppelman, and I am the engineering manager for Cemex aggregate operations primarily in Florida and have 40 years of experience in how mines actually work and hopefully can impart a few points to those aspects. First, I want to touch on a short list of bullet points regarding the way the proposed impact fee for mining operations in Collier County is calculated, as I believe there's a disconnect between the way the impact fee is calculated and the way mines operate. Proposed impact fee initially calculated is initially calculated on the amount of permitted and excavated material. The problem with this approach is that mining deposit characteristics can and do vary widely. For instance, A, you have overburden depth. There's often and usually material over the top and in layers within the deposit that have to be removed to get to the sand and rock or whatever mined material you're seeking. This overburden can be topsoil, compacted silt, dirt, clay, muck, and other materials. This material is excavated, but more often than not, a majority of it never leaves the site. Most of this material is stored in site berms or temporary spoil piles only to be returned to the excavated areas at a later date used for revegetation, ground cover, lake edge sloping, general restoration requirements. The term overburden ratio is commonly used in this business. It is very simply put, the amount of material that has to be wasted or Page 121 December 15, 2009 spoiled compared to the amount of good material that can be processed. In my 40 years, I've seen this ratio vary from as little as zero to as much as a 4-1 measure. And this can change not only from site to site, but within the same boundaries of a given site. B, the deposit depth of the material. The depth of the deposit can vary widely, again, from mine site to mine site and within the mining site itself. Preliminary estimates of the actual thickness of a deposit are, at best, an estimate. Mine sites are discovered through exploratory methods such as core drilling. Even these programs are limited in scope due to the cost and the share size of the property's involved, and often due to the obstacles and encumbrances within the mine sites themselves; the vegetation, crops, restrictions to the property. As such, it is common to find areas within a mine site that are unsuitable for mining as you work through the site. It is not uncommon to visit a mine site today that's been active for some time and find areas of land untouched or islands left behind within the permitted area. The good stuff simply doesn't exist. You have C, characteristics of the deposit. Items such as the grain size, the proportion of the grain size, the hardness of the material, the abrasiveness, and resistance to wear, the absorption, the cleanliness, all factors that determine what you will actually get out of extracted material and available for sale. In my 40 years, I've seen this yield of good material from as little as 30 percent to as much as 95 percent. Basing an impact fee on extracted permitted area just doesn't make sense. Thank you. MS. FILSON: Your final speaker is Bruce Anderson. MR. ANDERSON: Commissioners, I'll waive the right to speak. I simply registered in case there were comments or questions that needed to be responded to. Thank you. Page 122 December 15, 2009 CHAIRMAN FIALA: Okay. MR. CASALANGUIDA: Sure. Commissioners, I've got to respond to some of those items. I think maybe it will clarify it a little bit. I think they brought up spoils quite a bit. You're going to get, this is the only industry that gets that five-year reconciliation. Keep in mind, it's not from the conditional use process. It's from when they pull their actual excavation permit. So when they start excavating, they have five years to figure out that spoil rate that's in there. And if you equate it in fast foods, the best I can tell you, remember, it's an average. You pull a fast food impact fee, whether you're a McDonald's or you're some other fast food restaurant that does half the business, they average out that category. If they come in and they can show that they're much different, they can do an impact fee study. Your construction costs are consistent with your adopted impact fee study. And we're doing an indexing that's coming up this year. So whatever rate you adopted today won't go into effect until March, and then the indexing comes up, and we'd catch that reduced construction cost. So saying that our costs are coming down is a reason not to do the study doesn't make any sense. We're going to catch that in the indexing that's coming down. Reconciliation, we talked about that, and the permit time. Remember, we did not apply the 1.5 truck factor to this category. They're being treated like cars. And there's a simulation I can show you -- and I'm going to put it up on the viewer, and I want you to see what it looks like a little bit, if I can get the -- MR. OCHS: Podium? MR. CASALANGUIDA: Computer, actually, Mr. Ochs. And it's a short little simulation. See if the viewer will pick it up. Okay. That's an intersection operating right now with just cars in Page 123 December 15, 2009 it alone. No trucks in it whatsoever. And it's a typical road. It's a four-lane roadway by four-lane roadway. And as you can see, the cars queue up normally, and they're processed through the intersection the way they go right now. We had them run a simulation now with a 10 percent truck factor, and 10 percent's high. But a road like Collier Boulevard has gotten that high in the past, and we'll probably get to that high again. Just to see what the difference is. And when I say we've done that, we've asked CH2MHill out of their transportation office in Orlando to do that simulation. Now it's processing with the larger vehicles, and it's a little hard to see on your screen. I don't know if I can pump it up. I can see it clearly here. But when the light turns green, the longer vehicles representing the dump trucks process through the intersection much slower. An actual reduction in intersection capacity drops to about 299 less vehicles per hour. Now, remember when I said you're subsidizing the mining industry. That reduction in capacity is being paid for by somebody, and it's not being paid for by the mines right now. So they're not being charged the 1.5 truck rate. They're being treated like cars going through the intersection. They're being given five years to reconcile their development to come back and tell us what the overburden is, what the actual production on the roads are. They're given a credit for the impact fee so they can use it later when it changes to a different use, and we're allowing them to pay it over five years. So I think we've covered every aspect of this. Saying that our construction costs are coming down, absolutely true. And as the Oil Well Road bids become part of our process and Collier Boulevard and Davis are reflected as well, too, that will lower that rate as well, too. So I think we've done, as staff with the consultant, a very good Page 124 December 15,2009 job of addressing all of their concerns. I don't know anything that would be done to delay this or change it. I think when we come back with our full study in two years, we're going to request that you go to the 1.5 multiplying factor because we will have applied it to every industry that does this. Something to keep in mind. They brought up the buck a truck. That buck a truck is voluntary. And what we've done is said -- looked around the rest of the country and said, what's going on? In Vancouver, Washington, they had a fall conference, Northwest Pavement Management Association, same problems we have. Heavy trucks were tearing up the roads, and it's not covered by their gas tax, it's not covered by the real estate taxes they pay. And what they recommended was at conditional use applications you have a pavement-wear agreement similar to our buck a truck because what we say is take a geographic area, do an existing conditions report, and agree to maintain those roads. The problem is, when we took a geographic area, these trucks go far outside that. So we said, it's your option. You can -- we can do a significant location analysis and do a pavement analysis, and when these roads fail, you can repave them or you can pay a buck a truck. In Sonoma County, they spent three board meetings talking about this, and they just adopted over a month ago. They were going to go by tonnage, and they were at 56 cents a ton, and it equated out to something like $20 a truck. And the board lowered it down to $2 a truck, and that's what they finally adopted. This is only for wear and tear and it does not cover capacity issues. So again, two items before you; only one that's up for consideration today. So if you're asking staff to quantify that wear and tear, we've got enough documentation now with what we've seen on the West Coast that we can do a comprehensive study and do that. That has nothing to do with the impact fee that's before you today right now. Page 125 December 15,2009 And with that, I'll answer any questions you have. CHAIRMAN FIALA: Thank you. Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. Yeah, Nick, is it true that this impact fee just applies to the new mines that are coming on; doesn't apply to existing mines that have been permitted for X number of acres? MR. CASALANGUIDA: That's correct, only if those new -- the existing mines go to expand that would this impact fee apply. But anything that's permitted today right now is grandfathered. COMMISSIONER COLETTA: Okay. So yeah, what's happened in the past can't be repeated quite in the future, but it does cause a little bit of an economic imbalance with the people trying to compete against one another. One's paying a fee, another one isn't. Just wanted to point that out-- MR. CASALANGUIDA: Sure. COMMISSIONER COLETTA: -- as a point to be considered when we go into this. The five years they have to pay for this, during that time that they get to do it, what's it broken down, five equal payments or-- MR. CASALANGUIDA: Five equal payments. And ifthey come to us in the fourth year and said, I've worked with Mr. Chrzanowski in community development -- as I said, five years is a long time, more than enough time to actually determine what your overburden is and recalculate a mine. If they come to us on the fourth year and say, you know what, we've overestimated by 60 percent, they'll get that credit. They'll have to provide the documentation and show what was overburdened, what the actual rate being taken off that site, and they can provide those documented drawings -- and we have the ability through the ordinance to reconcile that fee. COMMISSIONER COLETTA: Okay. That money that they Page 126 December 15, 2009 pay in impact fees can be later applied to some other use on the land? MR. CASALANGUIDA: The impact fee credit runs with the land. So Heritage Bay is a good example, as I noted in the executive summary. When they come back and they permit that application for housing, they won't pay twice. There would be impact fee credits that would apply and run with the land, and then when those homes come online, they'll have that credit to allow for them. COMMISSIONER COLETTA: What about those areas that are zoned in such a way or -- that you can't build on them afterwards? Or is there no exception on them? Most of them have the ability to be able to bring them back for development? MR. CASALANGUIDA: I think in speaking to some of the folks from the industry, every permitted mining, when they're done, is going to have waterfront property that will have some value. I don't know of one that's not considered their ultimate build-out condition to have a second value to it or second use to it. COMMISSIONER COLETTA: So that value accumulates with the land itself? MR. CASALANGUIDA: Yes, sir. COMMISSIONER COLETTA: In other words, when you get ready to sell it for development or develop it yourself, that money just stays with the land and increases? Of course, it doesn't go up interest-wise, but it would stay with the land; am I correct on that? MR. CASALANGUIDA: It stays with the land, and that's a value that would be transferred to the next landowner because that credit runs with the land. COMMISSIONER COLETTA: Now, I realize we're talking impact fees and we're not talking really the dollar a bucket, but they all kind of intermingle together. Would the dollar a bucket -- a truck, still apply to the new mines? MR. CASALANGUIDA: Anything that comes in -- what I will recommend to you, Commissioner, is that when a conditional use Page 127 December 15,2009 comes in right now, we go to that model that the west coast is doing, and they do a pavement-wear agreement. We're going to get a little more in detail when they go to permit a mine and say, what are your impacts and how far? We'll do a pavement-conditions report, and then we'll bring back to you what Sonoma County did. And they based it on tonnage, and they do it annually on a pavement-wear agreement. So we'll do that separately if that's the board's direction. COMMISSIONER COLETTA: Is it true at this point in time we really don't have -- it's nothing more than a voluntary program for the dollar a truck? MR. CASALANGUIDA: What I've said to the industry -- and they've welcomed a dollar a truck because that Somona County report said it was 56 cents a ton. I'm doing quick math in my head. I know some of those are 18-, 20-ton trucks, so you can start doing the math. Gets to be 18 to $20 a truck. And they've done that through analysis. So when I say, is it voluntary? Yeah, if you want to do a pavement-conditions report and you agree that within this area when that road fails or those pavement shoulders get splintered -- the board will make that call. It won't be staff. You could say to them, you have the opportunity to choose a buck a truck, which is going to be less, I guarantee you, than that pavement-wear agreement -- COMMISSIONER COLETTA: But we don't have a study at this point in time that backs that up. MR. CASALANGUIDA: No, sir. And if you could direct us to do that, we would do that. But it's not material to the impact fee itself. You could consider that at the conditional use stage when a new application comes online. COMMISSIONER COLETTA: I'm not saying I would want to raise it above a dollar a truck, but I think the justification needs to be there, because I've had people come before me and tell me that it's only justified for like 16 cents. And, you know, and I can't argue with them. I can't even discuss it. I don't know what the facts are. Page 128 December 15, 2009 But we have a -- one of our -- the firms that we deal with do this study. I assume that what we get back as far as data will be meaningful and useful. MR. CASALANGUIDA: In the meantime, Commissioners, it would be our pleasure. I'll send you the Sonoma County report, and it will give you a little bit to read on, and I will go through and find out what it would take to do an analysis on that and bring it back to the board for discussion. COMMISSIONER COLETTA: Well, I kind of hope whoever the motion maker is on this -- and I don't think we're at the point to make a motion yet -- they'll include that in their motion. MR. CASALANGUIDA: Happy to do that. CHAIRMAN FIALA: Thank you. Commissioner Halas? COMMISSIONER HALAS: Yes. Nick, we're talking about most of these dump trucks, and they probably have a GVW of about SO,OOO pounds; am I right? MR. CASALANGUIDA: That's correct, sir. COMMISSIONER HALAS: So that equates to about 40 tons. MR. CASALANGUIDA: That's correct, sir. COMMISSIONER HALAS: Okay. And when I start looking at the weight per axle, we're looking at 23,000, little over 23,000 pounds per axle. And that has a large effect on the road surface compared to a 4,000-pound vehicle such as a car that disperses the weight over two axles at 2,000 pounds. So I don't think that we're out of the ballpark as far as what we feel is the detriment of these large trucks on our road in regards to asphalt that normally is what we use on our roads. And when the ambient temperature goes up, then we have a squish factor, and that causes additional accelerated wear on our roads. So I think we're looking at what, $26 -- or 26 cents a truckload now? Page 129 December 15,2009 MR. CASALANGUIDA: That's correct, sir. And I want to make sure we're clear. That's for capacity. In that simulation, we talked about how much vehicles will travel on -- in a peak hour, peak direction on the county roads. As Commissioner Coletta noted, I want to come back and I want to follow up at some later time with the rest of the board because I want you to see, the rest of the country's dealing with the same issue. COMMISSIONER HALAS: Yeah. MR. CASALANGUIDA: And right now you're going to see petitions coming from folks that are trying to go to triple truck trailers on the highway system and -- COMMISSIONER HALAS: I know that there's a bill out there that's before Congress where they want to take and increase the GVW from 80,000 to 144,000 on highways and on bridges, and our highway system just cannot handle that. MR. CASALANGUIDA: That's correct, sir. COMMISSIONER HALAS: So, you know, when I look at-- and then also the wait time, as you brought out here in your simulation, that also takes up road capacity in this area. So I think it's a fair equitable user fee for using our roads that we spent so much money for. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: How much have we collected on this buck donation a truck? MR. CASALANGUIDA: Not much. Laurie, our planner's, not here. I can tell you the last two collections I think were 14,000 and 8,000, so it was not a lot of money. And I'll reconcile that and make sure there's a correction for the board. We'll forward that up to you. But not a lot of money. COMMISSIONER HENNING: Have you looked at -- and those are to repair roads, right? MR. CASALANGUIDA: Those stay in a separate fund and Page 130 December 15,2009 would go to the road maintenance department to repair roads. COMMISSIONER HENNING: Have you looked at what the mines are paying in taxes? MR. CASALANGUIDA: I have not, sir, but I can tell you the rest of the industry pays taxes as well as, too, in terms of other businesses that pay impact fees as well. They also pay property taxes as well. COMMISSIONER HENNING: Right. Well, let me tell you, Apex property is two parcels. The smaller parcel or less value, they pay $32,000 in taxes. So you can safely say it's upwards of $60,000 a year. How many homeowners do you know that pay $60,000 a year or how many businesses do you know that pay $60,000 a year? I mean, I -- the buck a truck idea is a good idea, but property taxes are for maintenance of those capital improvements, so I'm not sure if the recommendations for a buck a truck was a very prudent one. It's kind of like double dipping, dual taxation issue. So after hearing that, if this buck a truck ever becomes mandatory, there's no way that I could support something like that. MR. CASALANGUIDA: I think, Commissioner, the Sonoma County report took into account that property taxes were much higher there. COMMISSIONER HENNING: Yeah, I understand that's a left coast, and I know there's never enough money for those people out there. They're going broke. MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: So, you know -- but this is conservative Collier County and, you know, what's fair is fair. If somebody pays property taxes to -- they're paying property taxes on the schools, and I don't know how many trucks go to school. Are you sending your trucks to school? Doesn't make sense. It just doesn't make sense to charge, double charge, somebody for using the public assets and charging them twice. Page 131 December 15, 2009 I mean, how many McDonald's are paying how many cents for how many hamburgers they sell because their customers use the roads? You know, that's just very, very unfair. MR. CASALANGUIDA: Would you like us as staff to come back and -- COMMISSIONER HENNING: I don't want to see it. MR. CASALANGUIDA: Okay, fair enough. COMMISSIONER HALAS: I'd like to see it, please. MR. CASALANGUIDA: Okay. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Nick, you're charging an equivalent of 26 cents per truck? MR. CASALANGUIDA: Eighteen cubic yards, 16-cubic-yard truck, yes, sir. COMMISSIONER COYLE: For an impact fee -- MR. CASALANGUIDA: Yes, sir. COMMISSIONER COYLE: -- which is a pro rata share of the cost of building additional capacity to accommodate the traffic. How then do you justify a dollar a truck for maintaining what you've already paid to build? MR. CASALANGUIDA: Two -- again, in two different issues. In this executive summary, it's about the impact fee, but when I say that dollar a truck, what you look at is pavement wear and tear. Those trucks, as they pointed out in the executive summary, can wear as much as almost 10,000 cars. So when you look at what a truck puts on the road -- we talked about -- Commissioner Halas put it right on, you know, 80,000 pounds -- coming down in a hot day, on a wet surface or wet underpavement and stopping, it puts a lot more stress on that pavement than a regular car does. And even though their property taxes -- and I get that, Commissioner Henning, I understand that. The amount of impact that Page 132 December 15, 2009 they put on wear and tear goes way above and beyond what a vehicle does. So what I'm suggesting maybe for this board to consider is, this is the impact fee discussion. You don't have to take any action, but let me come back and provide you some information of what other people have done and what they've noticed and a comparison so you can get a feel for what's out there and what the problem is. Preparing for this meeting I went through probably 50 different executive summaries from different places, and DOT -- FDOT federal highway reports, number one problem, heavy vehicles beat up the road in a disproportionate way to cars, and it's an issue, and they're not covered in a fair and equitable way. And the higher that ESAL, that equivalent single axle load is, it's not proportional. It's exponential. The more load they put on that axle, the more wear and tear they put on the road pavement. And so we can put aside the buck a truck because you're going to get to see the conditional use, and you can tell staff, do a pavement-wear agreement with the developer hand in hand, take a look at what's out there, and come back to us with something that's fair and equitable, and we can do that. COMMISSIONER COYLE: Okay. I'd like to see that. MR. CASALANGUIDA: Okay. COMMISSIONER COYLE: Now, the other -- other issue relates to impact fee calculations. What data did the consultant use for determining that impact fee? MR. CASALANGUIDA: The most recent -- COMMISSIONER COYLE: What years? MR. CASALANGUIDA: The most recent one that was adopted which was -- Amy, correct me if I'm wrong -- was it this spring -- this spring based on the last road bids that we came in. Now, you will get indexing, and the board has approved, and this is where -- Amy, help me out -- a faster indexing rate. Page 133 December 15, 2009 So when this takes into effect in March, which you have no applications that will probably be caught by this if it goes through, you're going to get indexing this year coming up, and they will catch any lower rates that we have, such as Oil Well Road, such as Santa Barbara extension. They'll be caught in that faster indexing that you asked us to do. So when -- you can't set these studies to say, oh, you're going to have to wait till the next road bid comes out. What you're doing is saying, it will be caught in the indexing three to six months behind the adoption of this rate category. And I can tell you, in working with most of the landowners, most of them will have been through conditional use process ahead of this. They'll be grandfathered. I don't know of one mine that's coming forward right now that hasn't heard of this and put their application in community development that's not going to be grandfathered and we're not going to catch them. This is -- we won't catch somebody for a year or two. COMMISSIONER COYLE: Well, tell me what years -- what historical cost periods are used in these? MR. CASALANGUIDA: From the 2009 study, we used 2007, 2008, and 2009, early 2009 data for right-of-way costs, construction costs. You will not have caught the Oil Well Road bid. That just happened a month ago. COMMISSIONER COYLE: You're going to pick that up though in the indexing? MR. CASALANGUIDA: Yes, sir. COMMISSIONER COYLE: And that will be done when? MR. CASALANGUIDA: In about six months, Amy? Six months, summer. COMMISSIONER COYLE: Okay. Now, how -- talk to me about trip lengths. What trip lengths were used for the calculation? MR. CASALANGUIDA: They actually went through the Page 134 December 15, 2009 existing mines, and they used the existing mine trip lengths that are right now -- that they're actually traveling. They went to those mines and they actually interviewed the drivers and the tickets and saw how far they went based on our existing mines right now. So it's whoever those customers were on that given day they used for the trip lengths. COMMISSIONER COYLE: Okay. But if you had a project going on on that particular day that was on the coast, that would give you an incorrect conclusion, wouldn't it? Why wouldn't you sample some for different days over a period of a month or so? MR. CASALANGUIDA: You did it over a three-day period, and they did consider -- it's an average, because some of those trips could have been to the person right around the corner. As a matter of fact, one of the mines was providing material, I think, to 951 or Santa Barbara, which is a shorter trip length. Some of them were going to 1-75. So those are averaged in as part of that as well, too. So you did get some short trips and you got some long trips as well, too. And obviously there'll be fluctuations on year to year depending on the project. But they are averaged and they are averaged over three days from, I believe, three or four different mines, and I can find out for you. So you got a pretty broad sample. Tindale Oliver said we were very conservative with this. COMMISSIONER COYLE: Okay. So what you're saying you're going to do is implement an impact fee that will be indexed within six months. MR. CASALANGUIDA: Within three to six months after you've adopted it, that's correct, sir. COMMISSIONER COYLE: Okay. And what -- when is the adoption hearing? MR. CASALANGUIDA: March 26th will be, I believe, your adoption date when this becomes effective, and it's on your executive summary. March 16th. Page 135 December 15,2009 COMMISSIONER COYLE: So it will be sometime between June and September that we'll get the update, right? MR. CASALANGUIDA: That's correct, sir. COMMISSIONER COYLE: Now, will this mine be in operation at that point in time? MR. CASALANGUIDA: They've applied for their conditional use, which grandfathers them. COMMISSIONER COYLE: Okay. MR. CASALANGUIDA: So they wouldn't even pay a fee, that's right. They would not even pay an impact fee. If they've applied for their conditional use, they'll be considered grandfathered. COMMISSIONER COYLE: What are we arguing about then? MR. CASALANGUIDA: I'm not sure, sir. MR.OCHS: Future. COMMISSIONER COYLE: This will only affect petitions that come to us sometime in the future -- MR. CASALANGUIDA: Petitions that are -- COMMISSIONER COYLE: -- not any mine that is currently under consideration? MR. CASALANGUIDA: No, sir. And so it won't even be a petition that comes to you in the future that has a -- if they've gone -- if they've submitted an application to the county prior to March 16th, they'll be considered grandfathered. That's how liberal we were with this, understanding that catch period. So they would have to submit an application after March 16th to not be considered grandfathered. So you -- COMMISSIONER COYLE: So you're telling me the one-dollar fee is voluntary? MR. CASALANGUIDA: It's voluntary because what we're going to tell them is, we're going to say, here's haul-road agreements done other places in the country, take that analysis, and you do a pavement-wear analysis with us, and we'll present it to the board. If it Page 136 December 15,2009 ends up being less than a dollar a truck, it will be presented that way. If it ends up being more than a dollar per truck, we'll present it that way and let the board decide what the appropriate rate should be. COMMISSIONER COYLE: And you're going to come back in the future to do this? MR. CASALANGUIDA: Yep. COMMISSIONER COYLE: You're going to provide us all the data that results in that calculation? MR. CASALANGUIDA: The next conditional use that comes through us, we will go through a pavement-wear analysis with them. We'll use the methodology that that's done so you'll have that information as part of the conditional use to review. I think you'll be surprised it will be more than a dollar a truck. COMMISSIONER COYLE: Okay. I'll be interested in seeing that data then. Thank you. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Nick, you're telling us two different things. You're saying that this will be -- this impact fee is implemented during the -- when they pull the excavation permits. MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: But now you're saying it's not going to apply until you get -- apply for a conditional use. MR. CASALANGUIDA: I can clarify that. Anybody that applies for the conditional use will be considered in the grandfathered section, will never have to pay a mining impact fee. The folks that apply after March 16th -- COMMISSIONER HENNING: Okay. MR. CASALANGUIDA: -- their fee won't come into place until they pull their excavation permit, not the conditional use, but the conditional use could take a couple of years from the conditional use to the excavation permit. So you will not be -- the fee won't apply for you if you have not Page 137 ----~._----".. -~_._-"_...__.._- December 15,2009 pulled your application after March 16th; and after March 16th, it won't -- the fee won't kick in until you pull your excavation permit, which could be two years later from a conditional use. COMMISSIONER HENNING: Did the consultant talk to the industry and address their concerns? MR. CASALANGUIDA: The consultant spoke with staff, and then staff met with the industry, and their primary concerns was how they pay. They wanted to pay per truck instead of like the rest of the categories. COMMISSIONER HENNING: We were hearing arguments about the calculation of the fee. MR. CASALANGUIDA: The trip length was one issue that they discussed, and we talked about that. And the other was the cost-per-road factor that they brought up, our cost basis, and we said that will be clarified as part of our indexing as well, too. COMMISSIONER HENNING: Mr. Klatzkow, does this buck a truck sound like affordable housing donations? MR. KLA TZKOW: The buck a truck program needs to stop. COMMISSIONER HENNING: Right. MR. CASALANGUIDA: We agree. We'll do a pavement-wear analysis and you'll get that number to look at, and it could be 20 cents, it could be $20, and the board can decide what they want to apply. COMMISSIONER HENNING: I think that's going to be very problematic too, myself. It almost sounds like contract zoning, just like the impact fee for affordable housing. Until the board adopts -- until there's a study and until the board adopts a fee, I don't see how staff can do exactions out of people that are petitioning their government for action. MR. CASALANGUIDA: Sir, I agree with you. COMMISSIONER HENNING: Okay. Well, that's fine. I mean, as long as we -- as long as we consider an analysis on a fee and staff is not trying to apply that fee, I'm okay it. Page 138 December 15,2009 MR. CASALANGUIDA: I will not do that. Like I said, I've done a lot of research on this. Like I said, I'd like to bring this information back to you for your consideration, and you'll get a chance to review those numbers, and it won't be staff. It will be scientifically calculated, and you'll get a chance to look at what the impacts are. And if the board feels they don't want to apply that, that will be the board's direction, not staffs. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. And I agree with what's being said, but also I got to say that staff never did anything without coming here first, and we talked at great lengths. So staff never took the initiate to apply any fees without getting this commission's permISSiOn. And those were in the documents and the deals that were put together for the different mines, and they found it advantageous to go with a buck a truck rather than with an impact fee at the time. So I mean, we've got to be totally up front and honest about it and making sure we're not directing anger in the wrong direction, where right here it should be. COMMISSIONER HENNING: Yeah. The statement -- there never was an impact fee for trucks. There is now. COMMISSIONER COLETTA: A dollar per truck. COMMISSIONER HENNING: Maybe. But there never -- they never had a choice between a buck a truck and an impact fee. That's not true. COMMISSIONER COLETTA: From my understanding, the industry did not want an impact fee, and they agreed to a dollar a truck. MR. CASALANGUIDA: When we say the word impact, we've got to be careful, because one is capacity and one is maintenance impact. COMMISSIONER COLETTA: Yeah, the fee. Page 139 December 15, 2009 MR. CASALANGUIDA: Yes, sir. COMMISSIONER COLETTA: The buck for a truck. MR. CASALANGUIDA: Right. This was the first time -- COMMISSIONER COLETTA: That was a voluntary fee that they took on themselves to offset an impact fee. MR. CASALANGUIDA: To offset a road maintenance fee that they would have to pay. COMMISSIONER HALAS: Maintenance fee. COMMISSIONER COLETTA: But you never at any point in time put this together without our direction, right? MR. CASALANGUIDA: You saw those and it was discussed that it was their choice. COMMISSIONER COLETTA: Okay. I just want to make sure MR. CASALANGUIDA: Yes, sir. COMMISSIONER COLETTA: -- because, I mean, there's been implications here that staffs at fault, and I want to make sure we got that correct. MR. CASALANGUIDA: I think I'm pretty clear on what I've heard from Commissioner Henning. I understand exactly what he told me, and Commissioner Coyle, and all of you. I'll come back with the documentation at the conditional use application, you'll be able to review it, and it won't be arbitrary. It will be fully detailed. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Well, you know, quite frankly, I like the idea of directing the anger at the staff rather than at the commissioners. I think that should be our prerogative. We can blame anybody we want to. But you're going to bring this back to us -- you've got to tell me what we're assessing and what we're not assessing here, because I'm really confused, okay? MR. CASALANGUIDA: Okay. Very clearly, today is a road Page 140 ___._"__,_w_.w_.,._,.....~'_'..v._.'__> December 15, 2009 impact fee for capacity. It's 26 cents per truck typical, and it's outlined as it is in the executive summary, they would pay over five years and they would get the ability to reconcile that, which averages about -- to about 26 cents a truck. That's for the capacity. When you're at an intersection, a truck goes through, that's for them sharing the roadway with you and what it takes us to build that. The dollar per truck or the maintenance will be addressed at the conditional use stage. So when you get to look at a conditional use for a mining application, as part of that will be a pavement-wear analysis done by both the developer and the county, and you'll be able to look at whether or not this boards wants to assess a maintenance fee on them. COMMISSIONER COYLE: Okay. Now, that part isn't being approved today? MR. CASALANGUIDA: No, sir. COMMISSIONER COYLE: The maintenance fee is not being addressed by any vote we make today? MR. CASALANGUIDA: Absolutely not. COMMISSIONER COYLE: Right? And I think County Attorney had his hand up, Ms. Chairman. MR. KLA TZKOW: Yeah. You're just considering the impact fee or 26 cents a truck. Nick, he was talking about the maintenance fee being a conditional use. I will tell you that if we're going to go for a maintenance fee, it's going to have to be fair to everybody -- MR. CASALANGUIDA: That's right. MR. KLATZKOW: -- not just for the new mines, so that it will not be on the conditional use process. It will be a fee that is enacted by this board, and it will impact every single mine in the county equally. COMMISSIONER COYLE: Well, I don't want to go too far down this path, but what's the difference between a fee on mining trucks and a fee on any other 16-wheelers that are using the road? So Page 141 December 15, 2009 why shouldn't we apply it to everyone on some rational basis for maintenance of the roads, including automobiles? I don't want to go there, but if we're going to think about this, we need to think about the ultimate implications of such a step, okay? MR. CASALANGUIDA: Agreed. COMMISSIONER COYLE: So -- okay. I think I understand what's happening. COMMISSIONER HALAS: Yep. CHAIRMAN FIALA: Okay. Do you need a motion now? MR. CASALANGUIDA: I do, ma'am, if that's the board's direction. COMMISSIONER HENNING: I'm going to make a motion to approve staffs recommendations knowing this fee was part of a study, and part of my motion is there's not going to be a buck a truck and an impact fee assessed; there's just going to be an impact fee assessed. CHAIRMAN FIALA: I have a question on that motion. Well, is there a second to the motion? (No response.) CHAIRMAN FIALA: I have a question on the motion. Being that the mines that are now in existence and everybody who has applied for a conditional use, none of them will be paying this impact fee anyway; but our roads will continue to get torn up by the trucks that go out sometimes, you know, hundreds of them a day, and if you eliminate buck a truck, then how do you pay for the maintenance of the roads? So do we have to go back to the taxpayers to pay for the maintenance of the roads if you don't have a buck a truck? Then I'm getting a little nervous. COMMISSIONER HENNING: Well, let me address your concern. This is not going to be implemented unless there's a new conditional use -- MR. CASALANGUIDA: That's correct. Page 142 December 15, 2009 COMMISSIONER HENNING: -- this impact fee. So that's not going to be addressed. So the ones that are already committed to a buck a truck, they're not going to be paying an impact fee. CHAIRMAN FIALA: Yes, but you just said eliminate buck a truck. COMMISSIONER HENNING: No. I said, not charge both of them for -- CHAIRMAN FIALA: Oh, I didn't understand that. MR. CASALANGUIDA: I'm okay with -- I think staffs perspective, I think I understand what Commissioner Henning's saying. We're okay with that because the ones that are through the conditional use process agreed to a maintenance fee will continue to pay that. Staff will implement this road impact fee for capacity in March. Anybody after the March date would pay that road impact fee, and that gives us a little bit of time to come back to the board and give you some follow-up information on maintenance responsibilities, and the board can make an informed decision on where they want to go. CHAIRMAN FIALA: Okay. So let me make sure I understood your motion then. Your motion is to go ahead with this whenever, March 16th or whenever it is, but for any new mines that are now going to be charged an impact fee, they would not be charged buck a truck, but all of the mines in existence that pay buck a truck now would continue to do that? Is that what your motion said, in essence? COMMISSIONER HENNING: Correct, yep. CHAIRMAN FIALA: Okay, great. I just -- I wanted to make sure. COMMISSIONER COLETTA: Question after Coyle. CHAIRMAN FIALA: Certainly. Mr -- Commissioner Coyle? COMMISSIONER COYLE: I'm -- I'm a little confused, yes, because I'm not sure that the portion of the motion that says there won't be a maintenance fee has any real meaning or relevance because we could come back and meet next week and decide we'd develop a Page 143 December 15, 2009 maintenance fee. There's no way we can pass a motion that forbids us from making a future decision. So I would support the motion that approves the impact fee but does not approve the road maintenance fee until we get some additional data from you and from the industry on which we can make a rational decision about that. But I'm reluctant to say we can't ever do that. COMMISSIONER HENNING: Well, I -- and we're always told this, that we cannot take action that's going to bind future actions. COMMISSIONER COYLE: That's right. COMMISSIONER HENNING: And I always thought that was true. So the board can take further action in another two weeks to say, okay, this -- we're going to implement whatever, a maintenance fee, for all trucks. But the issue is -- there are two different issues. There's a capacity issue, what Nick is saying, and then there's a -- what he's saying, a maintenance fee, which you pay through your taxes, your gas taxes and your property taxes. So -- but I don't want to see somebody having to pay what is -- some considered doing it twice. The action here is only adding a category in our impact fee. COMMISSIONER COYLE: Okay. That I support. Ifwe just say, approve the impact fee study, then I'm all onboard with that. And if you want to come back to us sometime in the future and try to justify -- MR. CASALANGUIDA: A maintenance fee. COMMISSIONER COYLE: -- a maintenance fee, I'd be more than happy to listen to you. MR. CASALANGUIDA: Okay. COMMISSIONER COYLE: But I'm going to be very skeptical, but I think we ought to have the flexibility to get your input on that in the future. And I do want to emphasize that it's -- I think it's true that Page 144 December 15,2009 you must give people credit in the calculation of the impact fees for their payment of property taxes and any other fees that are likely to contribute to the construction of capacity on the road. MR. CASALANGUIDA: We do. We do, sir. COMMISSIONER COYLE: Okay. So you've taken into consideration the payment of the property taxes and all that sort of thing. So long story short, I support the motion to -- CHAIRMAN FIALA: So you second it then? COMMISSIONER COYLE: Yeah, I'll second the motion to -- MR. CASALANGUIDA: Adopt-- COMMISSIONER COYLE: -- accept staffs recommendations but not to approve any maintenance fee at this point in time. MR. CASALANGUIDA: Okay. CHAIRMAN FIALA: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah, I'm sorry. And I like the way we're going, but I want to understand. Not approve the maintenance fee for new mines coming on, or maintenance -- COMMISSIONER COYLE: Any kind. COMMISSIONER COLETTA: -- fee across the board? COMMISSIONER COYLE: Any kind, yeah. MR. CASALANGUIDA: That's fine. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yeah. I'm going to be very interested to see in the wear study in regard to capacity of heavy trucks, so -- and I think a good point was brought out that we need to probably include all trucks, but especially the super heavy ones with 80,000 GVW. They do the most damage, especially along the shoulders of the road. MR. CASALANGUIDA: Correct. COMMISSIONER HALAS: And so if you can get that data, I think all of us will probably learn something from that. Thank you. Page 145 December 15,2009 MR. CASALANGUIDA: Very good. CHAIRMAN FIALA: And what's a triple truck? MR. CASALANGUIDA: I'm sorry? CHAIRMAN FIALA: What is a triple truck? MR. CASALANGUIDA: They're talking about right now allowing -- if you've seen sometimes dual tractor trailers. They're talking about going to triple trailers on some interstate highways and allowing more routes to go with triple trailers and increasing the gross vehicle weight. And Commissioner Halas is right, he follows the industry a little bit. Most of your roadways and bridges aren't designed to carry that, and they become a safety issue. So on interstates in Florida, you're not seeing those triple trucks, the tandem trailers, three in a row. There's a map that was provided from a lobbyist that showed where in the United States they have that ability, and they're petitioning Congress to expand that route map, and that would come into Florida. So there's a little concern there that you might see triple trucks on the highway pretty soon. CHAIRMAN FIALA: Wow. That's kind oflike a small train on wheels, isn't it? COMMISSIONER COYLE: It's towing three trailers, you know. One right after the other. CHAIRMAN FIALA: Oh my goodness. And what is GVW? COMMISSIONER COYLE: Gross vehicular weight. COMMISSIONER HALAS: Gross vehicle weight. CHAIRMAN FIALA: Okay. Thank you. I need to know all those things before I can vote. Okay. I have a motion on the floor and a second. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. Page 146 December 15, 2009 COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Thank you. Item #8B COUNTY ATTORNEY REPORT ON THE TOWN MARKET PROPERTY LOCATED AT 7770 PRESERVE LANE IN THE OLDE CYPRESS PUD AND WHETHER THE U-HAUL BUSINESS OPERATED AT THE SITE IS COMPARABLE IN NATURE TO OTHER C-3 USES ALLOWED IN THE PUD AND WHETHER THERE IS SUFFICIENT PARKING TO ACCOMMODATE THIS USE - MOTION TO CONTINUE THIS ITEM TO A FUTURE BCC MEETING - APPROVED MR.OCHS: Commissioner, that takes you to 8B. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. This is the county attorney report on the Town Market property located at 7770 Preserve Lane in the Old Cypress PUD and whether the U-Haul business operated at the site is comparable in nature to other C3 uses allowed in the PUD and whether there is sufficient parking to accommodate this use. MR. KLA TZKOW: And I have photographs of the site, if you'd like to see it. CHAIRMAN FIALA: Do we have to swear everybody in? MR. KLA TZKOW: For this item, no. CHAIRMAN FIALA: No? And we have to declare ex parte? MR. OCHS: That's what I read on the item. MR. KLA TZKOW: Okay, okay, let's do that. CHAIRMAN FIALA: But we don't need to swear anyone in? Page 147 December 15,2009 MR. KLATZKOW: Let's do both. CHAIRMAN FIALA: Okay, fine. Would you swear -- anybody who wishes to speak on this subject, please stand to be sworn in. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FIALA: Okay, Commissioners. Commissioner Coyle, we'll start with you. COMMISSIONER COYLE: Madam Chair, I have received correspondence and telephone calls concerning this and, of course, we have heard about this particular PUD in the past, so I've got a lot of historical information on it. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. I received correspondence on this. I also talked with staff and, of course, we've had other items in regards to this PUD, so I think I got everything covered. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: I've had correspondence with Mr. Chami and Ms. Diane Ebert. CHAIRMAN FIALA: Okay. And Commissioner Coletta? COMMISSIONER COLETTA: Yes. I've had correspondence, phone calls, and meetings. CHAIRMAN FIALA: Okay. And I've had a letter from Mr. Chami, of course, we've discussed it before, and I've also met with staff. Okay. Let's move forward. MR. KLA TZKOW: And I'll be brief. This is the Town Market property. It's located across the street from Gulf Coast High School off Immokalee Road. It's a multi-use property. It's a -- primarily a gas station with like a larger form mini-mart in it along with other stores. At the present time, a U-Haul business is being conducted on the property. The property is a PUD, zoned primarily for of C3 use. Our LDC have these type of businesses being permitted in industrial and in C5 and as a conditional use in C4; however, historically in the county Page 148 --._._._.~---- December 15, 2009 from time to time there have been these uses in connection with service stations in C3 property. And I'm here to take any questions. CHAIRMAN FIALA: Okay. Do we have any speakers on this subject? MS. FILSON: Fourteen. Oh, I'm sorry. This is 8B. 8B, we have two on this one. CHAIRMAN FIALA: We have two speakers. Would you call our speakers, please. Fourteen, that made me nervous. MS. FILSON: We do have 14 on one item. COMMISSIONER COYLE: Let's not have them speak right now. MS. FILSON: The first speaker is Diane Ebert. She'll be followed by George Chami. MS. EBERT: Good afternoon, Commissioners. For the record, Diane Ebert from Olde Cypress. This property is located within our PUD. It sits outside of our community. It sits kind of cross from the high school. It is one large building. On the inside he has a bakery, a Subway shop, he has a dry cleaners, a post office, which I'm sorry other people have discovered. And around there are other office -- I don't want to say office -- retail sites that sit alongside of it this way. This one I've got to be in favor for. Behind it there is a storage shed which I have seen U-Haul trucks bring storage there. I mean to store the things. This has been there for a while. I have always found places to park. We have a lot of apartments around on Immokalee Road. And it's not unsightly. And I mean, and there are days that there's hardly any U-Hauls there at all. He has some trailers sitting sometimes, some trucks, but they kind of come and go. And I have to tell you, I just -- I can't really find anything wrong with this application. I think it fits in well with the storage, with the Page 149 December 15, 2009 apartments, and I can't find anything wrong with it. Thank you. MS. FILSON: The next speaker is George Chami. And he's your final speaker, ma'am. MR. CHAMI: Hi. My name is George Chami, for the record. Thank you very much for allowing me to speak today. It's not the first time I'm here in front of you with regard to the Town Market, and I really appreciate your patience and your support all the way. I appreciate also the work the county attorney did with regard to this report and showing basically that this particular U-Haul user truck rental used to be also in C3s, and they are in some C3s in particular in Collier County and all around the nation. I believe the study, which the request was being made for the county attorney to study this particular issue is to see if we can have comparable use or for -- the U-Haul could be counted as comparable use for this -- for what we have right now at Town Market, which is a gas station. And I believe his recommendations are quite neutral, in fact, trying to leave it in your hands. I really need your help more than ever at this. U-Haul was not for me usually big business, but right now end up being, yes, it is. And I need anything right now to be able to support my business, to support my employees and support my family. For six years this business was in. For six years we never even had a problem, not even a complaint. Nobody even knew about it. We have many, many code enforcement visit our site. Never they found anything wrong with it. The problem we have right now here in this situation is -- and I see the report basically from the staff who's basically we have six parkings, in which -- since we have another issue with regard to, this particular subject is, how many parkings we have. They're showing that we have six available parkings, and they're saying basically we have many -- based on the aerial photos, we had basically between seven -- seven to 20 plus, I believe, U-Haul trucks. Page 150 December 15, 2009 They failed to say how many available parking was available on site. We had plenty of other at any given time. We had between 30 to 40 percent empty parking spots in our site besides on yesterday, which was the busiest day of the year for us. So I really appreciate your help, I appreciate your understanding, and hopefully you will be able to find this particular U-Haul use compatible with the gas station and the other uses we have inside this particular PUD. Thank you very much. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. I'm trying to find in the PUD the language -- CHAIRMAN FIALA: Would you like me to take Commissioner Halas and come back to you? COMMISSIONER HENNING: No. You know, I can say it. Diane Ebert has a pulse of the community around there, and what she told me is that this operation is a -- an asset to the citizens up there. And I asked her, I says, would you kind of go around and try to find another U-Haul place in the area, and she said there is none. Predominantly, gas stations have U-Hauls. Now, whether that is the zoning or not, I don't know. I can't particularly agree with the -- it's an allowable use in C3, but it is a comparable and compatible use with a gas station. So I guess my motion is to find that a U-Haul is -- in this case is, in the PUD -- here's what it says. Any other commercial uses or professional services is comparable in nature with the foregoing use and which the zoning service director finds compatible within the district. Well, I make a motion that the board finds it a comparable use within the present uses. MR. KLATZKOW: Yeah. And just so we don't set precedent here, so that we have these spring up throughout the county, which Page 151 December 15, 2009 would require an LDC amendment, this is a unique -- this is a unique development. And-- COMMISSIONER HENNING: Right. MR. KLA TZKOW: -- the way it's structured here. And to be comparable within this particular PUD does not necessarily mean it's comparable to all gas stations throughout all C3s throughout the county. So one approach is, we could limited it just to this PUD because this is -- it's compatible within this PUD itself. COMMISSIONER HENNING: That's what I was trying to say. MR. KLATZKOW: Okay. COMMISSIONER HENNING: I don't think it's comparable to the same use in C3 districts. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: My concern is, I think that this was a code enforcement case that was brought before the code enforcement in regards to another commercial business that realized that this operation wasn't permitted and, therefore, whoever the person was, brought that to the attention of the county. I can assure you that as far as any type of trailer rental in my district under C3, that's not going to set very well. So I'm glad to hear that this is only in this case, but I still have some concerns about the business that was obviously impacted, because there was a possibility that the person who made the complaint didn't have enough parking spots left for his business, and that right there basically raises a flag in regards that I won't support that. CHAIRMAN FIALA: Okay. My concern is -- and right now I couldn't vote for it either because -- actually, he hasn't kept his property up. He's got 80 percent of his landscaping out in the front missing. And I would like to see either that part of the motion or, you know, I would like to wait until he brings his property up to code. That really bothers me a lot. So that -- I have a real problem with that. Page 152 ~. _.-_.,,-,--, " .. ..-, -- .-..'''-,.,,_..__....-~,-_.- .' ,._'._.~----,--~~_.._~ December 15,2009 Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I'm probably the only person sitting up here who owned a U-Haul dealership. I'm pretty familiar with the problems. COMMISSIONER COYLE: You should recuse yourself. COMMISSIONER COLETTA: First opened it up, it was extremely successful. I had all the storage area in the back of my building. 951 was a two-lane highway. And Tim Constantine and I had a falling out. When he became commissioner, he turned me in. I didn't own the property, so I had to move everything back to the lot. That's life, you know. But in any case, I was limited by the size of my lot that I owned the whole thing, owned all the parking spots. If! got too many trucks and trailers in. There I was limited and I couldn't get my customers in, and I needed to be able to run the rental business. So it was always a little bit of a back-and-forth dance to make it work. I guess my question is, is there a limited number of parking places here for the U-Haul, or is it open to go anyplace it wants in the lot itself? I'm curious to what the determining factor is for the business itself. You know, like I say, I didn't have to share my building with anyone. I had total call of where everything got to park. But is there -- is it limited to a number of spaces? MR. KLA TZKOW: I'd have to ask Susan that. MS.ISTENES: Susan Istenes, zoning director. As I indicated in the report, the required number of spaces for the existing businesses minus the U-Haul, when you take all that into account, there's only six extra. So theoretically, there would only be six extra spaces over and above the code requirement where things could be parked, like trailers. COMMISSIONER COLETTA: No, I understand that. But I mean, if you get eight in, the other two parking spaces that aren't there, if we don't put any -- if there's nothing on it to limit what's Page 153 December 15,2009 taking place, this could consume the whole lot. You have a very busy time usually before school starts. Tremendous amount of trucks come from all over the country . Well, I hope they do again some day. And it just about overwhelms you. You have to make arrangements to get the trucks moved out or else there's no place to go with them. I mean, they could be in the middle of the lot and abandoned. People drop off their keys, their paperwork, and they're gone. So is there something -- if we could come up with something that would limit it to six spaces to protect the integrity of the other people, I don't think I'd have a problem with it. But if it's wide open, I can see problems with the neighboring businesses. Six is a pretty generous number, especially if it's trucks. MS.ISTENES: Certainly if that's part of your comparability and compatibility determination to limit the number of trucks that could be parked on the site at one time, that would certainly be appropriate. And like I said, there's six extra. So certainly there's at least six to use. COMMISSIONER COLETTA: Well, no. I want to phrase it so it has to do with parking places rather than trucks, because you might have two small trailers that can take one parking place, so you don't want to limit it in such a way that's it's not workable. That would be my suggestion in consideration of the people, the other tenants that are in the building. MS. ISTENES: Certainly, then you could limit it to those -- to six extra spaces, and then if you wanted to, also put a locational requirement. In other words, the six -- six spaces along the west side of the property, for example, which is towards the back. That way you wouldn't interfere with the front. That's up to you, Commissioner. There's a lot of different -- COMMISSIONER COLETTA: That's fine. But six spaces -- I don't want to get where six spaces are so dedicated they can't be used for public parking because he may only have two trucks coming in Page 154 December 15,2009 and out of there, and there'll be four spaces only U-Hauls can park. We've got to be very careful with the terminology, because the idea is to be able to accommodate the petitioner and still be able to meet the needs of his neighbors. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Thank you. Commissioner, I can't find in our executive summary about the landscaping. Where did you see that so I could follow you? CHAIRMAN FIALA: I know, but he was next. COMMISSIONER COYLE: I'm just fixing it. COMMISSIONER HENNING: I'll share it. COMMISSIONER COYLE: No, it's okay. CHAIRMAN FIALA: Actually it's here someplace. Let me just find it for you because -- yes, it's on the last page. Page 5, the second paragraph down. Discover that the required landscape buffers parallel to Immokalee Road are now approximately 80 percent devoid of the required vegetation, and the vegetation will need to be replaced. COMMISSIONER HENNING: Okay. Well, I mean, that's a separate issue now, isn't it, really? CHAIRMAN FIALA: Well, you know-- COMMISSIONER HENNING: If you have a business on U.S. 41 that has a code enforcement issue, so would the landscaping. It would be a separate issue. I mean, it's a -- he's not asking a deviation from our landscaping. So that has to come up to code anyways, or it has to -- it has to fit our code as it is existing. But to accommodate you, I will put that in my motion that the landscaping shall meet the minimum -- since it is a minimum code -- and the minimum of our Land Development Code, for the landscaping that parallels Immokalee Road. Now, as far as the limitation of the trucks, you want to give some flexibility. I heard you say that. And you're going to have businesses go in and out. And by the way, the tenants that are in there now are Page 155 December 15, 2009 tenants ofMr. Chami. So ifhe doesn't make his tenants happy, he's going to lose that business. You see what I mean? So we want to dedicate it to six spaces unless he can get -- has to meet our code as far as parking spaces for uses. That's existing now. But you also don't want to -- you want to make it so that he can go to staff like everybody else can for a parking deviation, so -- and part of my motion is a dedication of six spaces, but that's not limited to it, because if tenants changes, okay, and -- COMMISSIONER COLETTA: I understand what you're saying. COMMISSIONER HENNING: -- and the different uses calls for different smaller parking or even more, it still has to accommodate for it. COMMISSIONER COLETTA: But what's the word dedicated? Because you might not need six spaces. You might only be using two. You can use the other four for some short-term parking of customers. COMMISSIONER COYLE: Say maximum. COMMISSIONER HENNING: Well, not a maximum, a minimum. You want a minimum of spaces for -- I mean, you could use them for dual uses. Let's say you want a dump truck that just paid a buck a truck for maintenance, they could use it. Does that work, Jeff, that motion? MR. KLATZKOW: Well, it works for me. I mean, I don't know if it works for Commissioner Coletta. COMMISSIONER COLETTA: I'm sorry. It was too vague. Try it one more time, Commissioner Henning. COMMISSIONER HENNING: Your concern was -- COMMISSIONER COLETTA: That there be enough parking places for his tenants. It doesn't matter that they're his tenants. They still are people that have a reasonable expectation of adequate parking. That's one of the reasons why we put the codes together to be able to allow for it. COMMISSIONER HENNING: Well, you know, we're not Page 156 December 15, 2009 asking for a parking deviation for the trucks or the parking for the existing businesses. Nobody's asking for that. COMMISSIONER COLETTA: No, we're not. I'm asking for six spaces, maximum, to be used for U-Haul. Now, if a deviation can step in, if he has all his tenants leave and there's parking places available, I have no problem with staff dedicating those spaces. I just want to make sure that we don't box in the tenants at some point in the future where they come in through the front door and they'll say, how come you can't protect our rights to be able to use an amenity we're renting? And yeah, they might leave, but you know how difficult it is to leave a building after you spend thousands of dollars setting it all up? COMMISSIONER HENNING: I think we're saying the same thing. MR. KLA TZKOW: Yeah, I think you are. I think one approach would be that, absent an exemption from the county, that the trucks utilize no more than six spaces at one given time. COMMISSIONER HENNING: Absolutely. COMMISSIONER COLETTA: Okay, that's fine. CHAIRMAN FIALA: Okay. And Commissioner Coyle is waiting, but I'll address this when it's my turn. Commissioner Coyle? COMMISSIONER COYLE: I would just like to go back in history just a moment to clarify a couple of things before I make up my mind on this one. I've always been troubled by the fact that we don't consider a place that dispenses a gasoline and has pumps, we don't consider it as a service station, a gasoline station. Is there a substantial difference in the impact that would have been paid had we classified this as a service station or gasoline station at the very beginning? Who from staff can answer that question for us? COMMISSIONER HENNING: Amy's not here. Page 157 December 15, 2009 MR.OCHS: We don't have an answer for you. COMMISSIONER COYLE: Nobody. Okay. MR. CHAMI: Can I answer this for you? COMMISSIONER HENNING: Oh, yeah. Mr. Chami did have to address that. COMMISSIONER COYLE: Okay. Well, you have to come to the microphone, Mr. Chami. MR. CHAMI: Thank you very much. Basically, from my understanding, but the collection before, if it's a gas station, you pay less than it is a convenience store with significant food. If you have convenience store with a gas station and significant food, you pay far more than if it's a gas station by itself. COMMISSIONER COYLE: Okay. So you paid a higher-- MR. CHAMI: Absolutely. COMMISSIONER COYLE: -- impact fee because of nature of classification -- MR. CHAMI: Absolutely. COMMISSIONER COYLE: -- as opposed to what you'd had to pay if we classified it as a gasoline station; is that correct? MR. CHAMI: At the beginning we were being classified retail, and then staff found us that we are not retai I. Weare a gas station with convenience store and significant food, and then we had to pay -- first we paid, I believe, $56,000 impact fees. We had to pay 75,000 over and above to be able to be found gas station with convenience store and significant food. COMMISSIONER COYLE: Okay. And Jeff, those two paragraphs that you just showed on the overhead-- MR. KLATZKOW: Yes, sir. COMMISSIONER COYLE: -- suggest that if this were a gasoline station, they could have U-Haul trailers there, couldn't they? MR. KLATZKOW: No. I mean, if you go strictly by our LDC, you can't go in any less than a C4 zone, okay. This isn't straight Page 158 December 15, 2009 zoning. This is PUD. So the analysis here is in this -- within this one PUD, you know, we find that the U-Haul is comparable on the uses already there. COMMISSIONER COYLE: Okay. MR. KLATZKOW: As far as the impact fee goes, my recollection is Mr. Chami's impact fee was heavily negotiated since he has a very unique business. It's not a mini-mart like you see with the ExxonMobil stations. It's -- it's a very unique business. COMMISSIONER COYLE: And under those circumstances, we're going to rule -- or I presume we're going to rule if this motion passes -- that they can have the U-Haul trailers there? MR. KLATZKOW: Within the context of this particular PUD. COMMISSIONER COYLE: Okay, all right. All right. And with those of you who remember the time when Commissioner Coletta was a U-Haul dealer, you'll also remember that in those days, all the U-Haul trailers were towed by horses. CHAIRMAN FIALA: You're in pretty good form today. I have a couple more questions before we vote on that. One of the -- one of them is, I understand that there's a business that has built onto that property but -- has built but never permitted; is that -- is that the case, has never been permitted? MR. KLA TZKOW: I don't know the answer to that. MS. ISTENES: Yes. Susan Istenes. There is a pool store there that went into an empty space that was either previously occupied or intended to be occupied by a bank, and they made some changes -- some structural changes and have not pulled permits yet. CHAIRMAN FIALA: See, and let me tell you what my problem is here. Now we've just heard about this. You know, sometimes people feel that they don't really need to adhere to things. In another spot on this agenda package, which is number four, aerial photography over various times reveals that at any given time there are approximately seven to 25 trailers/trucks on the site, depending on the Page 159 December 15, 2009 rental demand. We're limiting him to six. How do we know, number one, that he's going to be limited to six? Because it seems like he kind of takes matters into his own hand, being that he was never allowed to have the trucks there in the first place and he's been parking them for, as he said, six years. Then they've got somebody building on there that never bothered to get the permits. Then he's never -- he's never replaced his landscaping, which was a requirement of the PUD in the first place. It's making me very nervous, to be perfectly honest with you. And let's see. And the last thing -- I even had another one here, and that is that the -- it's not compatible with C3 permitted uses. So anyway, these are my concerns. Commissioner Henning? COMMISSIONER HENNING: Well, those are separate issues. There is an existing code enforcement that Joe Schmitt went in your office later -- when the last time this was on here. That's a separate issue. I'm just trying to keep a business open in my district, Commissioner, just like -- CHAIRMAN FIALA: And I respect that. COMMISSIONER HENNING: We're trying to provide, you know, capital improvements. CHAIRMAN FIALA: I respect that, just like this morning with the Golden Gate. I respect that. I just want to make sure he follows the law. COMMISSIONER HENNING: Those are separate issues. Now, we cannot control how the executive summaries are written. He's not asking for a deviation, again, from our landscaping. He's not asking for a deviation for getting a permit on work that was done that was unpermitted. The issue about parking -- here's the reality. If you have a parking problem and you're not -- you don't have enough spaces, you're going to lose -- people are not going to go to that business. Page 160 .,"~.__.__.._.__.'''' .-"-~~_."^---_.._^,_.'_.~ ________._...~u__.,___".._..__....._" ,,-- December 15, 2009 They're going to go someplace else if they can't park. So the reality is, ifhis U-Haul business is doing better than the businesses in there existing, then he's better off to let that business close, let's say the bakery close, and allow for more U-Hauls to be parked there. He already has that ability. So why would we want to micromanage businesses and how they operate? We want our businesses to be successful for two reasons, so they're not closed down and boarded up to cause blight in our community and collect less property taxes. And by the way, he is a retail business. He is going to collect sales tax. We do have revenue sharing. So they need that business up there in North Naples. I don't want to have blight in my district. CHAIRMAN FIALA: I don't blame you, and I -- and I'm fine with the business. We've limited him to six parking spots. He's been using seven to 25 without the permission to even do so. What I'm saying is, he set a standard that the rules don't really apply to him, and I'm afraid if we vote on this, he won't bother to abide by the rules anyway. That's what I'm trying to tell you. It's not that I want to -- I do want to foster business. You know I've been a strong proponent of keeping all employees, keeping businesses open and doing what we can to keep the business in Collier County. I've worked with you on this all along. It just makes me nervous that he feels the rules don't apply to him. Commissioner Coletta? COMMISSIONER COLETTA: I think I've got an answer for you, Commissioner Fiala. CHAIRMAN FIALA: Okay. COMMISSIONER COLETTA: Because your vote's important, so is your confidence. And Mr. Chami is going to be -- is a respectable person. He's going to do the right thing. We could put a year time on it to review it Page 161 December 15, 2009 to make sure that he is doing it, and I think you're going to find that he's been in total compliance at the end of a year. Would that give you the comfort level you needed? CHAIRMAN FIALA: Yes, it will. COMMISSIONER COLETTA: It's up to the motion maker. CHAIRMAN FIALA: As long as he complies. Yeah, it would have to be up to the motion maker. That would be up to him. COMMISSIONER HENNING: No. We'd have to do that with every business. CHAIRMAN FIALA: Well, we're going to have to-- COMMISSIONER HENNING: And that's -- you know, basically that's what code enforcement is for anyways. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: You know, and I'm sure there's a lot of businesses throughout Collier County that doesn't have a parking -- a light that the fixture is missing in the parking (sic) that should be there. But that's micromanaging our businesses, and I don't want to do that. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: I'm beginning to get troubled by this thing. Ifwe think it's okay to let Mr. Chami just close down the rest of his businesses and bring in more U-Haul trucks because he thinks that's what he needs, would we be happy to just converting it to a U-Haul facility? That is clearly not compatible with the permitted uses in the C3 for this PUD. So if we take that line of thinking to its ultimate extension, we're essentially telling Mr. Chami, you can do what you want to do with your other businesses, you can force them out, close them down. If U-Haul turns out to be your most profitable line of business there, then it can take up the entire site, and I think that's a dangerous way to go. So I believe that from what I'm hearing from the other members Page 162 December 15, 2009 of the commission, that a majority probably would like to help Mr. Chami do something reasonable, but they're not willing to leave an open door that will permit him to do whatever he wishes there. So I would hope we could find a way to solve that problem and get enough votes to keep the business viable. COMMISSIONER HENNING: Here's the solution. Ifhe closed the bakery down, U-Haul's not comparable with a bakery. But ifhe closes the service station, the gas pump service situation of it, then it's not compatible, correct? Because we're finding it compatible with service station. We're not finding it compatible with a bank which has already closed and now a pool service that's going in there. Do you see what I mean? COMMISSIONER COYLE: Yeah, I do, but I don't agree with you, that's the problem. What I'm saying is, by saying to Mr. Chami that you can use the facility for U-Haul without restriction, you're not equating it to a bakery. You're merely saying to him that ifhe can find more parking spaces through any means whatsoever, then he can bring in more and more U-Haul trailers. And I'm suggesting that U-Haul would be a good addition to his business, but I wouldn't want to see the entire site turned into a U-Haul facility. And if we could find a way to say to Mr. Chami, you can do this with a certain number of spaces there, he could potentially park excess trailers in another location and shuttle them over there as they become needed. But with five or six or seven spaces, he could keep some of them on the lot and maintain his other businesses, and we would still have a mixed-use kind of business here rather than a dedicated U-Haul trailer lot. COMMISSIONER HENNING: Can 1 -- COMMISSIONER COLETTA: I can enter into that one. It doesn't work. It simply doesn't work. You've got to have a lot that's going to be C4 or C5. I doubt you're ever going to get approval for C4 even. So it will probably be a C5 lot you're going to have to go to, it Page 163 December 15, 2009 has to be an approved lot with a fence around it. I've been this route before. And U-Haul by itself is nothing more than a filling. There is no one that can live on U-Haul alone. They all got some supporting business there, and it's a little bit of a sideline. It's a great little buffer there to bring in some extra income. I don't think there's any danger of him going 100 percent U-Haul. He wouldn't be able to exist that long. There's so much of a demand and that's it. And the demand fluctuates tremendously with the time of the year and what's taking place out there. It's not a dependable source of income. Great filler. I believe that the best way is the six limited spaces, a one-year review, quick review, put it on the consent agenda. Ifthere's no problems with the code enforcement, we've got this up and over with and we've got the comfort of this commission to be able to go forward. COMMISSIONER COYLE: I could vote for that. COMMISSIONER COLETTA: But we're already making a serious departure from what our rules and regulations are. I don't recall us ever doing this before. I know I went through a lot of trouble to come up with a C5 place where I could do all the things I wanted to do when I was in business. Of course, that was then and this is now. So let's look at this realistically. Let's put the -- enough controls in there so that we can come back and review it. We're not micromanaging it. We're micromanaging the code enforcement right now. We're doing a departure from what's normal to try to help out, so why not put some controls in there and give us that ability to be able to step in if things go terribly wrong? COMMISSIONER COYLE: There must be an echo in here. That's exactly what I was saying. COMMISSIONER COLETTA: Well, gosh. I speak with great wisdom then. COMMISSIONER COYLE: Yes, yes, finally. Page 164 December 15,2009 COMMISSIONER COLETTA: Yeah. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: Is there someone in here -- Joe is not in here. I've got -- oh, there's -- I need some questions asked, okay, and -- or answered, and that is, we've had some other problems at this particular site through the years where Mr. Chami has got involved in things and got caught at it, and he never -- and we had to bring him in here to address these issues; am I correct on that? MS. ISTENES: Susan Istenes. My recollection is there was a -- well, I know for a fact there was a sign issue where there was an interpretative issue with a sign that was erected, and this board did grant him the ability to have his sign over and above what staff thought the code allowed. Then there was the unpermitted work for the pool store. Then the sign was -- COMMISSIONER HALAS: Wasn't it the gas station, too? He started off with -- MS.ISTENES: Yeah. COMMISSIONER HALAS: -- it just going to have a store, and all of a sudden gas pumps showed up; am I right or wrong? MS. ISTENES: Yeah, that goes back to the impact fees. I guess there was -- I guess when the plans were submitted for impact fee calculations, they failed to show the gas pumps on the plans, and there is a significant difference when you add gas pumps to the site as far as how much you pay in impact fees versus non-gas pumps. COMMISSIONER HALAS: So he basically didn't show that we had -- that he was going to put gas pumps in? MS.ISTENES: I wasn't -- yeah, I wasn't directly involved, but that was -- my recollection was that when the impact fees were calculated, the plan that was submitted did not show the gas pumps, and then it was later discovered there was gas pumps there, and that was corrected. Page 165 "'...--.~._~.- December 15, 2009 COMMISSIONER HALAS: And so we went through that -- we went through that exercise, and then I think we also made some concessions on that, too, if I remember correctly. MS. ISTENES: I know there were some very specific detailed calculations, because as Jeff stated earlier, this was a pretty unique use, and it was -- the gas pumps aside, the retail component of it was not clearly defined as far as the impact fee ordinance goes, so there was quite a bit of detailed calculation in that. COMMISSIONER HALAS: And I can understand where Commissioner Fiala stands. That's exactly where I stand on this is -- because there's -- I understand he's a businessman, but he also has to be upfront and honest, and he hasn't been in a lot of cases here. And this is another example, along with this store where he's done some work and didn't go through the permitting and basically had the attitude, if[ get caught, fine. If I don't get caught, I'm ahead of the game. So I have some concerns because I think even today his sign is out of -- out of -- out of the ordinance that we have, so -- CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Can we continue this? Can we continue this item? CHAIRMAN FIALA: Sure. Sure we can. COMMISSIONER HENNING: And let me look at some of those code issues -- CHAIRMAN FIALA: Well, I'm saying sure. I better ask if we -- COMMISSIONER HENNING: Well, we can do anything we-- it's up to the five of us -- CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: -- whether we want to continue it. I want to look at those -- there's a lot of things being said. I don't think they're true. I think they need to be straightened out. I remember the item with the -- Page 166 December 15,2009 CHAIRMAN FIALA: Sign. COMMISSIONER HENNING: -- the sign, the site plan with the gas pumps. In fact, I would like to get the site plan. I think there's some -- COMMISSIONER COLETTA: Second your motion. COMMISSIONER HENNING: -- things being said that -- from our staff that are just not true. CHAIRMAN FIALA: Well, it's good that we bring it back then. Do we have to do anything legally, or can we just withdraw the first motion and -- MR. KLATZKOW: Withdraw the motion. Make a motion to continue, and then -- COMMISSIONER HENNING: Yeah. I'm going to withdraw my motion, and I'm going to make a motion to continue. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: Okay. Motion and a second to continue. 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: Great. And now we're going to take a ten-minute break. (A brief recess was had.) CHAIRMAN FIALA: Would you-all please take your seats. MR. OCHS: Ladies and gentlemen, please take your seats. Madam Chairman, you have a live mike. Item #12C Page 167 December 15,2009 AUTHORIZING THE COUNTY ATTORNEY TO ADVERTISE AND BRING BACK FOR BOARD CONSIDERATION AN ORDINANCE ESTABLISHING THE HABITAT CONSERVATION PLAN ADVISORY COMMITTEE TO ASSIST THE BOARD OF COUNTY COMMISSIONERS IN DETERMINING THE FEASIBILITY OF DEVELOPING AND IMPLEMENTING A HABITAT CONSERVATION PLAN TO PROTECT RED-COCKADED WOODPECKERS IN THE NORTH BELLE MEADE OVERLAY AREA - MOTION TO CONTINUE THIS ITEM TO A FUTURE BCC MEETING - APPROVED CHAIRMAN FIALA: Thank you. County Manager and County Attorney, I've just been approached by Judy Hushon, who was here for item number 12C which is the RCW change to endangered species item, and she has asked that we just pull it off this agenda and continue it on to the January 12th, which takes one thing off of here. COMMISSIONER HENNING: Let's just not approve it. CHAIRMAN FIALA: Huh? COMMISSIONER HENNING: Let's just not approve it. CHAIRMAN FIALA: So we will bring it back on January 12th, okay? MR. KLATZKOW: Well, do you want to make a motion to continue? CHAIRMAN FIALA: Yeah. Motion to continue. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Okay. Motion and a second to continue. All in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. Page 168 December 15,2009 COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? (No response.) MR. OCHS: Thank you, ma'am. CHAIRMAN FIALA: Was that an aye for or an aye opposed? COMMISSIONER HALAS: Huh? MS. FILSON: I didn't get -- COMMISSIONER HALAS: Four, and one opposed, right? CHAIRMAN FIALA: No. There wasn't any opposed, was there? COMMISSIONER COLETTA: We're all for it. CHAIRMAN FIALA: No. It was a 5-0. MS. FILSON: Thank you. CHAIRMAN FIALA: Next I would like to say that we are now on the 2:30 time-certain item, which is the Clam Bay issue, but there are people here for the three o'clock time certain. Well, we only gave the Clam Bay a half an hour, but we have how many speakers? MS. FILSON: Thirty-one so far. CHAIRMAN FIALA: Thirty-one speakers at three minutes a person -- maybe we should try and cut that down to two or something like that, because three minutes per person, that leaves us with 93 minutes, and that's before we even hear presentation from staff or anything. So for those of you who are here for the three o'clock time certain, please know that it will not even be close to this time. We've got at least an hour and a half to two hours before we get to your subject. So that was something you mentioned. COMMISSIONER COLETTA: Sure. You may want to take advantage of our small little cafeteria down here, go down and get a cup of coffee, get some fresh air, or you can stay here and watch us perform. CHAIRMAN FIALA: Okay. Thank you so much. Page 169 --~.~-->-~-,._-_.~".__.,.....,_.. December 15,2009 Item #lOF COMPLETING THE DEVELOPMENT OF A COMPREHENSIVE MANAGEMENT PLAN FOR THE CLAM BAY ESTUARY - MOTION TO APPROVE STAFF'S RECOMMENDATION #1, #3 & #4 REVISING #2 - APPROVED MR. OCHS: Commissioner, that takes you to Item 10F. CHAIRMAN FIALA: Thank you. MR. OCHS: That's your recommendation to approve actions required to complete the development of a comprehensive management plan for the Clam Bay Estuary. Gary McAlpin, your Coastal Zone Management Director, will present. MR. McALPIN: Good afternoon, Commissioners. For the record, Gary McAlpin, Coastal Zone Management staff. The Clam Bay Advisory Committee and the Coastal Advisory Committee is recommending this afternoon that you approve the Clam Bay Advisory Committee status report sent to you on September 25th as the first item. The second item we are requesting is that you resolve the status of the Clam Bay Advisory Committee that is charged with the development of a master plan and scheduled to sunset in two weeks. John Arceri, the Chairman of the Clam Bay Advisory Committee, will discuss this in detail in just a few moments. The third thing we're asking for you to approve is the budget as outlined in this report. The fourth thing we're asking you to approve, Commissioners, is to approve the PBS&J Clam Bay System Data Collection and Analysis Report, and that has three parts to it. The first recommendation is to move forward with a water Page 170 December 15, 2009 quality monitoring program, the second recommendation is to move forward with an additional sediment sampling and testing, and the third recommendation is to move forward with a water circulation and flushing model. All these items were -- have been -- these three recommendations were approved by the Clam Bay Advisory Committee and the Coastal Advisory Committee. The next item that we're asking for your consent on is to conduct a peer review of the modeling program and the data collection analysis report with a recognized expert from a non-consultant background. This -- we would like this to be from an academic university background, and this -- this expert would be jointly -- would be one that was jointly acceptable to the Pelican Bay Services Division and Coastal Zone Management. There has been a lot of controversy associated with the Clam Bay Data Collection and Analysis Report that was prepared by PBS&J, and there's been a lot of discussion about the competency and credibility ofPBS&J. To refresh the BCC's memory, PBS&J was selected as a neutral consultant that was initially endorsed by the Pelican Bay community because Pelican Bay felt that Coastal Planning and Engineering was biased on behalf of the county. Dr. Dave Tomasko is one of the nation's leading experts on water quality and coastal estuaries. He has headed up the program for many South Florida Water Management District for many years before going into consulting engineering. Dr. Tomasko is highly recommended by the DEP, South Florida Water Management District, and many of the sister counties where we consult and do water quality studies on the estuaries. Dr. Tomasko is going to talk to you about the report that he has authored with PBS&J, and then, we're going to turn this over to John Arceri, the chairman of the Clam Bay Advisory Committee. Page 171 December 15, 2009 So with that, board members, Dr. Tomasko. And he didn't get that gimp working at Clam Bay. He got it playing soccer. DR. TOMASKO: Yeah. Something my wife's really proud of. For the record, my name is Dave Tomasko. I'm the manager at Watershed Sciences and Assessment Program in PBS&J. Just to correct one thing. I was the manager of the environmental section for the Southwest Florida Water Management District, not the South Florida Water Management District. Let me just get right into this, if! can. The project summary. The things we were asked to do. Scope developed, full input from all members of the Clam Bay Advisory Committee was assessing status and trends of water quality and natural resources, a review of the existing circulation models and studies, acquisition and analysis of hydrodynamic data. It's important to note, we did not do a model. We collected data and we analyzed data. We did not do a circulation model and recommendations concerning future monitoring and modeling efforts. The general considerations we thought were important are that Clam Bay and Moorings Bay are functionally different. I think some controversy arose because of a rather simplistically worded executive summary. But Clam Bay has a shoreline mostly intact. Most people know this. Moorings Bay shoreline is almost entirely altered by humans. The water quality is different between the two systems, and some of it is -- you know, it's going to be different because of the difference in a flushing between the two; however, it's important to note as well that Clam Bay is not, quote, pristine. We hear this a lot. People like to call their places pristine. We've had modifications to the circulation in Clam Bay. The closure of circulation and tidal flushing in the north, closure and then reopening and modification in the south. The shoreline of Clam Bay is beautiful. I've snorkeled in every Page 172 -------,.~.,._~_..__..._.".._,.,--_._---....,....._._.. December 15, 2009 single portion of Clam Bay. I've gone all the way up to Upper Clam Bay. The shoreline's beautiful. The watershed is developed. The watershed has condominiums, golf courses. It's a developed watershed. Stormwater treatment system in Pelican Bay does a great job at doing treatment of the water that comes off of that, but the watershed is developed certainly. And the other thing is, there's a lot of wildlife in Clam Bay. I've seen it. I've spent a lot of time in Clam Bay and Clam Bay. But Florida Department of Environmental Protection, EP A, have processes of grading estuaries that are based on water quality alone, and I think that's what some of the controversy is. If! could, just getting into the conclusions. The conclusions about the water quality are that there's an awful lot of water quality that has been collected in the Clam Bay system. It has not been put into what is called the State of Florida Storage and Retrieval, or STORET data base. That appears to be inconsistent with Florida Administrative Code and Florida Statutes. I'm not a lawyer, but the words are that local governments are to coordinate with Florida Department of Environmental Protection to get appropriate water quality data into STORET within one year of collection. That's been on the books for a while. The data collected from Moorings Bay from the City of Naples, however, is going into STORET. The lack of the data going into STORET leaves you open to the following: Having DEP come down and collect water samples on maybe a short period of time and coming to conclusions about the system's health that may be a little bit at odds with logic. So for example, you have a TMDL -- apologize -- total maximum daily load, that has been calculated for the Gordon River in your county, and it says, you are to reduce the nitrogen loads by 30 percent. The problem with that TMDL is that the reference sites failed the DO standard, dissolved oxygen standard as well. So TMDL doesn't make Page 173 December 15, 2009 sense. It's best to short circuit that kind of nonsense. Rookery Bay. Most people believe Rookery Bay's a pretty healthy system. It's declared verified impaired because of nutrients, because of one year's worth of the sample collection the DEP did at roadside ditches and bridges and boat ramps. And Max Hatcher with your staff is a good person who has familiarity with that. The Cocohatchee River in your county is declared impaired for iron, all right. So now what stormwater loading source brings you the iron? It's possibly a groundwater problem. But you do have impaired water. You do have TMDLs. It's not something you should just decide you don't want to participate in. The data from the Pelican Bay Services Division, we originally did calculate some of the water quality data in an earlier report we did for you. We felt that it wasn't in the ideally located situation. So my first feeling was to not analyze the data. But the consultant for Pelican Bay said, hey, I've got five stations that I think are useful. Let's analyze them. So we analyzed the data from five locations. Again, they're not ideally situated. But using these best located stations, most of Clam Bay, Outer, Upper, and Inner Clam Bay, would be declared impaired for dissolved oxygen because it doesn't meet state standards. Now, oxygen being low doesn't mean that it's a polluted system. But oxygen being low, the next step is to look at nutrient levels. And the nutrient levels for nitrogen, in particular, are exceeded the majority of times in some of these locations. So based on conversations we've had with DEP, the probability is the data goes and gets into STORET, they look at it, and you'll probably be declared verified impaired. However -- and this is something that's in the report. And frankly, I'll be honest. I do not understand this controversy. State water quality standards are not likely to be appropriate for Collier County waters. That's in the report. It's highlighted. But they are there, and you have to work with the regulatory agencies to come up Page 174 December 15, 2009 with your own standards. You have to have, I think, appropriate located ambient water quality monitoring standards, sample locations, excuse me. You have to put the date in STORET. It's not a matter of whether you want to. And you have to work with DEP to get locally appropriate standards. So you don't have TMDLs that ask your municipal storm sewer systems to have a 30 percent load reduction, because that could happen. Another thing that got a little bit controversial, I guess, was that we found a layer of fine grain sediments in Clam Bay. And I've snorkeled throughout Outer Clam Bay. And what we found is that there's a layer of silt, if you would, silty clay and silt that's found throughout there. And it seems to be associated with a reduced ability of oxygen to penetrate through a sediment. So what that means is that there's fewer organisms that can live there. And this sort of situation of fine grain sediments interfering with the biology of a system was first noted in 1981 in this general area. These sediments are there. We don't know if they're 50 years old, they're 500 years old, or they're 5,000 years old. That makes a big difference. If you've got a layer of sediment that's 5,000 or 500 years old, oh, well, that's the way the place is. But you cannot assume that it's a natural condition until you get in there. And here's the reason why you can't assume that. Go into the Seagate canals. Those things didn't exist 50, 60 years ago, and they have five, six feet of muck. I mean, I'm one of the few people probably who've snorkeled in the Seagate canal systems. So if the muck accumulation in the canals is an unnatural phenomenon, then the possibility that it's in the Outer Clam Bay system exists as well. So our recommendation was to age the sediments and to do some toxicology. If there's no toxins in the sediments, if they're 500 years old, boom, that's it, you're done, no problem. If it's 50 years old and you've got elevated levels of copper, Page 175 December 15, 2009 arsenic, lead, something like that, you won't be the first place that's happened. You'd want to know that, we thought. So that was one of our recommendations. And the reality is, fine grain sediments tend to accumulate in areas of reduced circulation, such as Seagate Canal. So if the circulation in Clam Bay has been altered such that it becomes a location where sediments settle out of the water column, then that's something we thought would be appropriate to determine. All right. The next part of it was a review of prior efforts that have been done in this system, and there are studies and there are models. We did not do a model. We did data collection analysis. Circulation models were looked at because there were some prior circulation models, and they were done to help come up with the kind of activities that are required to address the mangrove dieoff, and that was to increase the flushing and circulation. You've dug canals, if you would, drainage features throughout the mangrove canal in that system, and a lot of that was done based on some of the models that were done. But the models that were done, for example, that supported that, ended at Seagate Drive, as ifthere's no connection between Clam Bay and Moorings Bay under Seagate Drive, and there certainly is. Simplistic about storm water input -- but I think the point is, there it was appropriate for its purpose, but it's not appropriate for an assessment of how does water move between Clam Bay and Moorings Bay, because it doesn't have water moving between the two systems. There have been some other studies, not models, that have discussed, you know, functionality and -- of that sort of stuff, but not much data that's been collected on the level that you'd need to determine. And I want to just point out, again, we didn't do a model. We did data collection. What we're asking for is that a model would be appropriate, a fully functional system. What we found in the efforts that we did with that, in Moorings Page 176 December 15, 2009 Bay there was little to no attenuation of tides from Doctors Pass up to Seagate Drive. There's a small delay as the tide propagates through the system. Clam Bay, it's kind of a different system. There's an attenuation of tide, and there's a time delay as the tide propagates either to Seagate Drive or up to the north Upper Clam Bay. Now, the other findings that were interesting were that the maximum current velocities flowing from north to south were ten times higher than what we found flowing from north to -- from south to north. We collected over the range of tides, including relatively small tidal ranges and large ones, and at times on low tides, the water is stacked up about a -- up to a foot and a half higher north of Seagate Drive than south of Seagate Drive. So Clam Bay water, higher than water in Moorings Bay as the tide goes down, and that's what gives you flow through the culverts. Well, that difference in water level is what gives you flow from the culverts. The net water circulation is from Clam Bay into Moorings Bay. And we heard a lot of, you know, Moorings Bay is a sewer. It's flooding and killing Clam Bay. The net movement of water that we found was from Clam Bay to Moorings Bay. The results are consistent with communication we've had with local residents when we've asked them, what do you see happening in terms of flow, and it's consistent with fishermen. And if you go out there and talk to some of the fishermen, they'll tell you the same thing, the water moves from north to south for most of the time. And it could explain some of the lack of success of the flap gates, which were kind of a mystery to us why they would put flap gates in. The flap gates would be functioning to get water from Moorings Bay to Clam Bay. The majority of the water moves the other way. That might be one of the reasons why the flap gates didn't work in the first place. It might have been valuable to look at this in the first place. Page 177 December 15, 2009 The value of the hydrodynamic model was that is can analyze times and conditions outside of the calibration period. We know what water does during the time when we were there and during the tidal ranges we were there, but if you want to play around with different scenarios, can't do it without a model. I could better understand the interactions between Upper, Inner, Outer Clam Bay and Clam Pass and how that functions through Seagate Drive with Moorings Bay and Doctors Pass, and ability to analyze what-if scenarios. What if I did this, what would happen? What if I did that, what would happen? And finally just -- the recommendations were to establish an ambient water quality monitoring program for the entirety of Clam Bay, to make it coordinated with the City of Naples' efforts in Moorings Bay, to work with DEP to get the appropriate data from the Pelican Bay Services Division into STORET to work with DEP to develop locally appropriate water quality standards, to conduct additional studies on the sediments in Clam Bay, figure out how old they are, figure out whether or not there's toxins. You do have some toxin assessments that have been done, 1997 report. The problem is, those samples were taken pretty much by the bridge pilings where you have levels of copper, chromium, and arsenic, probably because that's what's in pressures-treated wood. So get away from them, get out into the middle of the bay, maybe you'll find nothing. And to develop a comprehensive hydrodynamic model for the region from Upper Clam Bay down to Doctors Pass. And I wanted to point out that these recommendations or the scope were reviewed, approved by the Clam Bay Advisory Committee and the Collier County Coastal Advisory Committee. And if you have any questions, I'm available, or if it's appropriate to move to another thing just tell me to sit down. Thank you. CHAIRMAN FIALA: We'll probably wait until after the speakers. Unless any of the commissioners have something they want Page 178 __.,__._,__._____ ._.....~~__m_'_._'._,.,.__,_.*.....~~.".~_~,__'.__''''_K. December 15, 2009 to ask immediately, we'll just wait till after the speakers. Did you say you had something? COMMISSIONER HALAS: Yes. CHAIRMAN FIALA: Oh, okay. Go ahead. COMMISSIONER HALAS: The one interesting item that shows up on Page 17 of 133 says, respect to water circulation and flushing in the system. And this is something that I always thought existed, and that is the Clam Bay system was impacted in the early 1950s by construction of two roads, Vanderbilt Beach Road to the north and Seagate Drive to the south. And we have a serious problem in the Vanderbilt area because of the fact that we no longer have any flushing action all the way up there in the Vanderbilt lagoon. And we've been trying to get WRDA money to figure out the best way to address that issue since that flow has been cut off. And I -- this is the first time I've found anything in print that's stated that this really happened. There's been talk about, no, there was never any connection and everything else, but I'm glad it came up in this summary. Thank you. MR. ARCERI: Good afternoon, Commissioners. I'm John Arceri, Chairman of your Clam Bay Advisory Committee, and I'll be real brief and try to cover this in less than 15 minutes, but it's an extremely complex and critical issue, and try in -- less than one, yeah. A year ago you gave us a three-part mission. One, you said, determine the health of the entire Clam Bay Estuary; two, develop a management plan that would restore and maintain the long-term visibility; and third, decide who in the future should manage this plan. I would like to speak to the Clam Bay Advisory Committee's work in accomplishing this mission this past year. Our difficulties that we saw and where I see the future of the committee. I base my comments and recommendations on one year of committee work as your vice-chair and chairman as well as dozens of Page 179 December 15,2009 individual meetings with many constituents on both sides. Very early on, we identified numerous personal agendas on this issue, misinformation, and conspiracy theories that would make our mission and keeping a focus on what is good for the estuary very difficult. Although there are many agendas and theories, those driving the behavior are mostly from Pelican Bay. And I'd like to just expand briefly on what they are. There are basically two personal agendas that we found. One is that Pelican Bay in the past ten years has managed this estuary, and any new tests, findings that would show a need for improvements would place blame on them, as they see it, and jeopardize their continued management. As such, we fully expected resistence to any new research on the health of the estuary. Second, the Pelican Bay Foundation made it pretty clear early on that they wanted total control of this estuary, not the county. And as such, we expected that there would be a resistence to all actions we recommend that they didn't approve of. As far as conspiracy theories go, there were two major ones that were roadblocks. One was that the only reason to test for water quality was to develop a circulation model which may result in more dredging for flushing that, uh-huh, really is the purpose for dredging for navigation. The second conspiracy theory was that the other reason for increased dredging is only to use the dredge sand to renourish the Clam Bay Park beaches south of Pelican Bay. It was pretty clear that the roadblocks were going to be ones of winning, defending the past to shifting blame, power, and for a number of other political reasons making the county look bad. I want to make it clear, when I say Pelican Bay, I am not referring to the community of Pelican Bay. I have many friends who live there, and it's a great place to live with great people. I am referring to the Pelican Bay leadership and a few of their residents Page 180 December 15, 2009 who have decided to resist the mission of our committee. Jim Carroll was our first chairman, and he knew that we would have a tough mission ahead of us with these roadblocks. Jim was a resident of Pelican Bay. He knew the importance of the mission. He understood the need to represent all estuary constituents and keep the committee focused on what was good for the estuary and to lead the committee to accomplish your mission. He knew, Jim Carroll, that his balanced approach would be met with great outcry from some of his neighbors, but this was of no concern to him. In all my years serving for municipalities, I have never met a fairer, braver person than Jim Carroll. Although Jim paid a great price for his devotion to the mission with personal attacks and intimidation, he will be the first to tell you that it was all worth it. I briefly want to comment on the committee's accomplishments this year. We did work to satisfy open permit requirements, we did develop a minimally invasive navigational marker plan, we did review major maintenance programs such as that for mangroves, and we developed programs for water quality and circulation research that basically were the recommendations Dr. Tomasko covered, which were the need to do water quality review tests and recording, the sediment research he mentioned, and most importantly, the need for that circulation model. We've always recognized as the most important part of our work the need for the circulation model. Without adequate tidal flushing, you're vulnerable to the pollutants that have been mentioned. And last was a peer review. Very important that we have a peer review of what's done here for accuracy, credibility, community buy-in, and as the Clam Bay Advisory Committee recommended, to be done during or after the circulation model. There were attempts, however, to stop this research work by targeting the honesty and competency ofPBS&J. The Clam Bay Advisory Committee in your status report made it clear that they fully Page 1 81 ...~...-,., ._,-"~-_._._.._,.~.,~,,...._---.~,,~._-,-~~,"_._"-_.,~~<--"~--_._--_.._.,-_._,,- December 15, 2009 supported PBS&J. There was also an attempt to stop any additional tests or fact finding as not being necessary. I have repeatedly expressed publicly my concern over how people who express a desire to improve the estuary continue to resist doing any further testing. Now, after PBS&J has made observations and recommendations, the tactic is to attack their methodology, their people, their competency. In my opinion, this was much more than just constructive feedback. I would now like to talk about recent events and the future of the Clam Bay Advisory Committee, which is, by ordinance, scheduled to sunset in two weeks. In September, the committee had recommended that the Clam Bay Advisory Committee be extended for six more months until June the 30th, 2010, so as to complete the three remaining parts of its mission. Namely, one, review the final results of the water quality sediment and circulation models and determine what action is necessary to improve circulation. It could mean dredging for circulation, it could mean programs for stormwater control to reduce pollution, et cetera. The second mission yet to be done is to utilize all of this work to develop the full management plan for the estuary that will assure restoration and long-term viability. And third, finally, and one of the most important ones, is to recommend who should manage this plan in the future. This estuary has been managed by the Pelican Bay Services Division for the last ten years, but you asked this committee to talk about who manages it in the future. Since September, however, when the Clam Bay Advisory Committee made this recommendation, there's been a number of very serious events that have happened that, in my mind, question the viability of simply extending the term of the Clam Bay Advisory Committee by six month. Page 182 December 15, 2009 First, as I mentioned, Jim Carroll resigned in September, and we lost his leadership and one of the fairest-minded members of our committee. Second, the level of political and personal attacks, threats of lawsuits, misinformation, intimidation has increased significantly as we close in on possible water quality issues. Third, three more members of our committee has opted to not serve beyond our December 31 st of this year. That's three of nine we'll have left, in addition to Jim Carroll. I believe that several other members will also resigned shortly. The vice-chair himself, having been assigned to a subcommittee to study public outreach in communication programs, reported with much disappointment and disgust to the committee in October, quote, don't waste your money on public communications like nothing he had ever seen before on this issue. People just don't want to get the facts. They don't want to hear information, unquote. In the past two weeks, I have also obtained some information that clearly show what the real agenda is of the Pelican Bay leadership, what ends they will go to to complete their mission, and what we can expect in the next several months as far as external pressures, intimidation, and planned distractions. The first document that I think received in the last two weeks was a phone message that was left by Steve Feldhaus. Steve is secretary and lead spokesperson for the Pelican Bay Foundation. COMMISSIONER HENNING: Madam Chair, may I say, I don't know if this is really necessary to go on with this. I don't know that it will -- COMMISSIONER HALAS: I'd like to hear the whole thing. COMMISSIONER HENNING: n what it will accomplish by attacking individuals from members of our advisory board, especially on such a heated item. We all know it's heated. Are you acting as capacity of the advisory board or individual? Page 183 December 15, 2009 MR. ARCERI: As far as recommendations for the future, I'm gIvmg you -- COMMISSIONER HENNING: In your comments, are you acting -- because I'm concerned about lawsuits. Are you doing this on your own? MR. ARCERI: Well, yeah, I'm making these recommendations to you as chairman based on my observations of what I've seen and what I heard. And I think it's important that this commission understanding the reality of where we go from here if we're going to make recommendations on the future. COMMISSIONER HENNING: And I appreciate that. But the personal attacks of individuals is concerning to me. MR. ARCERI: I'm not personally attacking people. I'm saying overall what's happening with the Pelican Bay -- I'm not mentioning names -- COMMISSIONER HENNING: I apologize. MR. ARCERI: I'm not mentioning names, Commissioner. But I think it's important that you see the reality of the situation right now, and that's what I think I'm here to do. Can I go on? CHAIRMAN FIALA: Yes. COMMISSIONER COLETTA: Please do. COMMISSIONER HENNING: It's up to the chairperson. CHAIRMAN FIALA: Yes. And actually I've got nods from everyone else that would like to have you finish. MR. ARCERI: Fine. The first, as I said, is a phone message from Steve Feldhaus who was secretary and lead spokesperson. I'm not attacking him. I'm giving you what he has said so you get a feeling for what is going to happen in the future here. He left a massage on a phone for Ernie Wu. Ernie is president of the Seagate Homeowners Association. This message was left after Mr. Wu had been -- had refused to accept a proposal by Mr. Feldhaus to modify the navigational markers that had previously been approved Page 184 December 15, 2009 by the Clam Bay Coastal Advisory Committee and the Coastal Advisory Committee. "_- 312211, received at 12: 17 p.m -- Good evening, Steve Feldhaus. About 12:15. Ijust heard what's happened. I feel like I've been completely sandbagged. I'm sure you have valid reasons for doing what you were doing -- what you're doing. And I know you have a divergent group of people that you represent, but I got to tell you, you know, we're completely funded, and we will fight this. And particularly, I had everybody teed up to resolve it. I'm now going to explain that we were double-crossed, and there will be a pretty severe reaction, I think, all through the community that will, you know -- we've got the money, and we'll see whether you've got any right at all to access. And I guarantee you that we will fight your right to get out. This is not just about markers anymore. You are raising the stakes, and you're going to have to take the consequences. Good luck. Bye. II MR. ARCERI: I don't think anything's clearer that Pelican Bay's agenda is to completely cut off the ability of Seagate to navigate to the Gulf of Mexico, a right they've had for more than 50 years, and to destroy their quality of life and property values. It is also clear that Pelican Bay's focus is not going to be on what is best for the estuary, but how to stop any access by Seagate to the Gulf of Mexico. Page 185 December 15, 2009 The second document is one that inadvertently was sent to the county from, once again, Steve Feldhaus, as spokesperson for the foundation. Although Mr. Feldhaus requested the document be destroyed, it was a public record and I had a right to see it. You have a copy of his letter dated a few weeks ago, and he also requested to destroy. You have that also. In his letter Mr. Feldhaus mentions the Pelican Bay's Foundation board and several independent lawyers, their plans to layout a plan for massive legal assault as well as a huge public information campaign over the next several months. One can only expect that the attacks and negative pressure on the committee members will even worsen as we try and address issues of possible dredging for circulation and who manages the estuary in the future. I have personally no problem with taking on misinformation, emotions, and personal attacks and agendas. I guess I've been very well battle tested with the five-year bitter sewer battle on Marco Island. We can also handle the attacks on our staff and on our contractors, but what most seriously concerns me, however, is when I see the committee itself becoming influenced by all of this noise. And the last two committee members I have sensed less of a focus on doing what is right for the estuary, and members appear to be becoming more political and more defensive, and I understand it. In my opinion, with many new members coming onboard with increased external pressures and with more difficult issues to solve, this committee will become dysfunctional next year and will not be capable of completing the mission. The focus will become political and emotional, and the majority of members' time and energy will be spent dispelling misinformation and defending themselves. New members who won't be onboard for several months will opt to delay issues rather than take them head on. Also, in my opinion, I don't think it's fair and would make sense at all to put members Page 186 December 15, 2009 through this kind of environment and expect quality results. Also, in my opinion, it is essential that this vital work of completing the management plan be placed in the hands of a qualified group of individuals that are as insulated and isolated from the local politics on this issue as possible. For this reason, I strongly recommend the option of allowing the Clam Bay Advisory Committee to sunset at the end of this year in two weeks as scheduled by your ordinance, and have the responsibility of completing the mission assigned to the county's permanent Coastal Advisory Committee. And I have just three quick major reasons for this recommendation. First, the Coastal Advisory Committee is presently, by your ordinance, the overseer of the Clam Bay Advisory Committee's recommendations. They have reviewed and approved of all Clam Bay Advisory Committee recommendations so far. Second, the Coastal Advisory Committee is an ongoing county entity broadly representative of the county's diverse constituencies and is highly competent to complete this mission. Most of the legwork and information to develop a management plan for this estuary has been completed, and it's well within the charter of a Coastal Advisory Committee to finish it. And third, I personally served for several years on the Coastal Advisory Committee, and in 2006 I was their vice-chair, and I know first hand the capability of this committee and its highly focused ability to handle difficult assignments in a nonpolitical manner. There is presently an opening on the Coastal Advisory Committee for a Marco Island appointment, and I will apply for that opening in hopes that I can continue to serve the county in finalizing the plan for Clam Bay as well as many other county coastal issues. In summary, I would hope that you would support the following: The need for the water quality program; the need for the additional sediment research; the need for the development of circulation model; most important, the need for the peer review; the budget to support Page 187 --~~---"",,-,,---,-,----,---"-,-,,,~-'-'--""~-"~"~,,--,--,,--,-------'--"---'>"'-"-"- December 15, 2009 this vital effort; and finally, the sunsetting of the Clam Bay Advisory Committee by December 31 st and the assignment of the completion of their mission to the Coastal Advisory Committee effective January I, 2010. In addition, for the most part, the Clam Bay Advisory Committee has worked to accomplish what you asked for. At this time, however, we must be realistic about the best way to finish their mission. I thank you for the opportunity to serve you and for giving me the time to highlight the impressive accomplishments of the Clam Bay Advisory Committee and what needs to be done to make sure its great work to date is not wasted by the noise of blame, winning, power, and control, but what is best for the estuary. And I thank you, and I'll answer any questions at this time or later. CHAIRMAN FIALA: Who is our next speaker? Now, we won't have any questions right now until afterwards, okay? We've got 31 speakers to listen to as well. Gary, do you have another -- MR. McALPIN: No more presentation. CHAIRMAN FIALA: Okay, very good. So then we will call our speakers. And speakers, I would just ask all of you, if you have something new to say, great. If you have something to repeat that somebody else said, if you would just say, I agree or something like that, that will probably move it forward just a little bit. You don't want to repeat everything everybody else has said, so that's all I ask. Thank you. Everybody has three minutes. MS. FILSON: First speaker is John Sorey. He'll be followed by Mary Bolen. Mary, do you want to come up and stand by, please. MS. BOLEN: I cede my time to Georgia Hiller. MS. FILSON: Okay. The next one will be Marcia Cravens. MR. SOREY: Madam Chair, Commissioners, thank you for Page 188 December 15, 2009 letting me speak today. For the record, John Sorey, Chair of your Coastal Advisory Committee, and I am going to be quite brief. I think this is a very simple issue. We have heard over the last several months a great deal of this information multiple times, and I support the recommendations of the staff, and I support the recommendations of Mr. Arceri, and I appreciate the effort and the contributions from the advisory committee. But I think you should proceed to assign this to the Coastal Advisory Committee. Obviously, I'm not real bright to make that suggestion based on what you heard, but I think that with the ability and intelligence of my committee members, we have the ability to do this work, to bring you back completed staff work to do what's best for this countywide system, part in the city -- and the city is part of your county, and we're proud of that -- part in the unincorporated county, and we look forward to serving you and completing this task and doing what's best for the estuary. Whatever happens will happen. It will be based on science, and we'll do our work. Thank you. MS. FILSON: Next speaker's Marcia Cravens. MS. CRAVENS: I believe some people are ceding time to me. You have some materials before you n CHAIRMAN FIALA: Well, let's -- before we -- you say people are ceding time to you? MS. CRAVENS: Yes. CHAIRMAN FIALA: Would you name all the people so that we can then mark them off the list. MS. CRAVENS: My husband for one. MS. FILSON: Mark Cravens. MR. BELIVEAU: Albert Beliveau. MS. CRAVENS: And Pat Mullen, I believe. CHAIRMAN FIALA: Okay. So that's 12 minutes, I believe. MS. CRAVENS: Yes. Good afternoon, Commissioners, and thank you for the opportunity to speak. As you know, I represent the Page 189 December 15, 2009 Mangrove Action Group as the president of that organization. We have a mission, and that is to advocate for the Clam Bay NRP A which is full of wildlife and habitats that deserve protection. Also I represent more than 2,000 petitioners who have signed signatures both on paper and online. The online one continues. We have made a number of position statements. I'm going to read the last one that we wrote, in collaboration, Mary Johnson, one of my board members, and myself. And while I'm doing that, Mary Bolin here, who is also a board member of the Mangrove Action Group, will be showing some things on the overhead. I'll just kind of signal you when we do that. But I do -- after having heard what Mr. Arceri said, it was really very disturbing, not only to myself, but I'm sure a number of people who all have in their interest, is to protect Clam Bay, to protect the habitats and the wildlife of Clam Bay. And if you're interested in knowing about certain conversations, perhaps you might be interested in knowing that myself; Dr. Raia, who is in the room; and Linda Roth, who is not here today but I'm sure would attest to this, had coffee with Mr. Arceri in March of this year in the early stages of the Clam Bay Advisory Committee. He informed us he did not really want to be on this committee. He was only doing it as a favor to our staff person here, Gary McAlpin, who had requested that he be on this committee, and he felt that he owed him a favor because he had helped him with Hideaway Beach. So I'm a little concerned that, you know, you're -- it's very disturbing. Anyway, I'm going to proceed on here. And also, if you're interested in hearing audio records, I have audio records of all the Clam Bay Advisory Committee meetings, by which this was a staff-driven effort. There is no conspiracy theory here. It is direct observation and witness of things that occurred. There was a list that was given to the Clam Bay Advisory Committee their very first Page 190 "~'~'~'-"'" _..-,.._._._~-----"""--,_.,-- December 15, 2009 meeting, that was given to them by staff, they were told this was a list of tasks for them do. That list came from the Clam Bay Estuary Improvement Discussion Group, which that group had been also given the list by Mr. McAlpin, and there's plenty of documentation to that effect. Anyways, as far as our recommendations go. One, redirect remaining funding for modeling to study alternatives other than solution by dilution that would focus on the need for storm water management throughout the watershed. And by watershed, the watershed of Clam Bay is clearly defined in the hazard -- the firm reports, it's clearly defined on many maps and historical documents. It does not include Venetian Bay or any of the Moorings Bay system. That watershed drains out through Doctors Pass. And they do need stormwater treatment there. An extensive stormwater control system is already in place for Clam Bay that does prevent direct discharges into the Clam Bay natural resource protection area. Recommendation two, reject any solutions that would compromise the environmental values of the Clam Bay natural resource protection area by altering its essential character as a shallow, meandering estuarine and nature preserve system. Recommendation three, restore the management of the Clam Bay NRP A, including the inlet management, to the Pelican Bay Services Division. This entity has successfully restored a mangrove forest, gained extensive experience in managing the hydrology and the tidal flushing, and learned how to best maintain equilibrium conditions that prevent the need for frequent dredging. Recommendation four. The highly successful 1998 management plan for the Clam Bay natural resource protection area should be updated. You don't need to fund a brand new study. You had a very good one that was very successful for -- and it was intended to be updated. You should go ahead and build upon the successes of that Page 191 ".....~----_..,.,... ,-,....,.... ,.",..~._--~-~.-->.,^,--,---~.------_._---".,~.,. December 15,2009 management plan, and it should be done, once again, through consultation with the Conservancy of Southwest Florida, Rookery Bay, Audubon Society, the Mangrove Action Group, individual firms and experts who likewise had created the '98 management plan. The update to that plan should also be done by a team of technical experts; it should not be a contracted firm such as what is being done here today. If you would go with that, please. I just want to show you, there is already an update, so it's actually even begun. It just needs to be tweaked. This is the 2007 update to the 1998 Clam Bay Restoration and Management Plan. It's already been paid for. All it requires is to improve it again with consultation by the environmental organizations that have already indicated they're absolutely interested and willing to help with it. What we have up here -- and if we would turn the page, please -- I'll tell you what, I'll take it. This is from the 1999, a record of a meeting here in Collier County held with the Board of Commission at that time, and this was where they were reviewing how they were going to respond to findings of noncompliance with the county's Growth Management Plan by the Department of Community Affairs at the time, and that was for the Division of Administrative Hearings. Much of what they discussed had to do with noncompliance for the conservation and coastal management elements of the Growth Management Plan. There were remedial Land Development Code amendments that were a part of that. Judge Mealy (phonetic) is the one who ruled over that proceeding. And the NRP A figured prominently in that case. Just on Page 62 of that, I would like to read that. Our conservation Objective 1.3 with its policy establishes the NRP A program whose purpose is to protect endangered or potentially endangered wildlife and plant life. Then under item number 82, the focus of conservation Objective 1.3, and policy 1.3.1 is narrower. Limited to endangered species and Page 192 December 15, 2009 potentially endangered species, and its promise of protection is unconditional. What he went on to opine is that Collier County had created a NRP A program but had not really actually implemented the protections that were necessary for that program, and he ordered Collier County to develop meaningful protection for their NRP As. Clam Bay was the first NRP A and it's still the only coastal NRP A, and I find it very disturbing that every document that seems to be produced by the Coastal Zone Management Department seems to omit the designation ofNRP A. The permit applications to Tallahassee and to Ft. Myers, they do not mention that it is a NRP A. They do not mention that it is a special aquatic preserve area. The executive recommendation that you have in front of you today, nowhere on that page is the designation that it is a natural resource protection area. Now all we hear is the Clam Bay Estuary, and there seems to be a -- either they are missing the boat here or it -- I don't know why, but I find it disturbing. And lest there be any doubt that Clam Bay still meets the designation criteria for it to be a NRP A, I've been compiling list of species. And this first document here is a compilation that I created myself from earlier historical documents that I've compiled from numerous reports that have been accepted by Collier County. One of them is from the -- if you'd go on to the next one. This one here is from the 9th Annual Biologic Monitoring Report that's done for the Pelican Bay Services Division. It lists numerous aquatic, marine, avian, and plant species. The next one here is for the 1992 Coastal Zone Management Plan that was adopted by Collier County as the guiding document for implementing their conservation and coastal elements. These are just a few images that I took myself of -- there's oysters and clams and barnacles growing along the shoreline of Outer Clam Page 193 ,._.".,"-,-_.-*..,."-,......>---"_.~_.. December 15, 2009 Bay and on the mangrove roots. You can go to www.ClamBay.net. and you will find links there for all kinds of those sort of reports, and I've also put up a gallery of photos that I've been collecting contributions for all the wildlife. This next item here is the current map from the U.S. Fish and Wildlife Service indicating FL64P, which is Clam Pass coastal barrier resource area. That is why it became a NRP A because it was one of the very few remaining undeveloped coastal barrier areas with undeveloped beach, dune, backwater, wetlands. It was a -- it's a complete unit, and there aren't very many of those in the State of Florida anymore. The next pieces that she's going to be putting up are indications of seagrass, because we keep hearing that seagrass is ephemeral, there's not really that much seagrass in Clam Bay now. It really should not be much of a consideration anymore. And the fact is that seagrass in Clam Bay, in the Clam Pass system is a persistent feature. The only thing ephemeral about it is the location where it occurs from year to year. If you'd keep going. That's a U.S. geological survey that was included as one of the attachments to the application for dredging. This next one is from the PBS&J 2007 report where they did randomized sampling in Outer Clam Bay. They found 43 percent occurrence in their randomized sites for positive identification of seagrasses. This is 2007, I believe, transect monitoring for the Pelican Bay Services Division, and the next one is the 2008 transect monitoring for them. Year after year after year we have seagrasses in the system. And when it's not dredged, we get more lush fields. Has that been 12 minutes? I just want to say ifthere's any -- any doubt that says seagrass is important, you might just want to look at the application. This was applied for seagrass markers from Clam Pass entrance all the way through Outer Clam Bay to the Seagate community. There are Page 194 _ __,,_._M..___~...._'_"_'_~'"~"__".~_'_ December 15, 2009 numerous locations here the county applied to Fish and Wildlife Conservation Commission to place these markers there to mark the areas where the seagrass normally occurs. And we are in favor of marking those areas because that's really the best way to protect them. Thank you. MS. FILSON: The next speaker is Theodore Raia. He'll be followed by David Roellig. MR. RAIA: Thank you. My name is Theodore Raia. I'm a member of the board of the Pelican Bay Services Division but do not speak for them. The first submission for dredging was for beach nourishment. I don't know what that has to do with protecting the coastal area. That was withdrawn. Then there it was required to put in navigation signs, lateral navigation signs, on the grounds that this was a requirement of the U.S. Army Corps of Engineers. When this was refuted, the request was never rescinded. Now, we have navigation signs. Again, I don't know what navigation signs has to do with protecting this NRP A. I have a question here. On this application for the signs, it says the applicant agrees to save the Coast Guard harmless with respect to any claim or claims that may result arising from the alleged negligence of the maintenance or operation of the approved signs. The Coast Guard is absolved of any responsibility. I want to remind the county that they have now inherited the responsibility for anything that happens there. And you must understand that this pass has already been declared non-navigable with a description in the Coast Pilot saying why it's non-navigable, yet you go ahead and you put signs in there saying that it's safe passage. I think you're incurring a lot of liability. So is the next step going to be to dredge a canal for your signs? One thing not mentioned is that Seagate has a lot to gain financially by dredging a deepwater canal to their homes. There are Page 195 December 15, 2009 about 77 homes there. They'll each increase in value by about a million dollars if that's done. And this is not brought up, and I think it ought to be given consideration. Now, I consider this bad science. I am a radiologist trained -- I was chief of radiology at Walter Reed for five years. I covered a multi-million-dollar budget and was in charge of lots of research and development in telemedicine and radiology. I know what good . . SCience is. Let's look at this estuary as a patient. One does not treat a lab result. You treat the patient. Somebody has a report here of something in the sediment. Are you going to disturb the entire Clam Bay to try to get a better lab result? That's doing -- that's backwards science. And all due respect to Dr. Tomasko, that is not the way things are done. You find something wrong and then you study why it is wrong and what you can do to protect it, to improve it. And if the cost is more than it's worth to improve it, you don't do it. There is no limit to how much money those people are going to ask you to pour into this hole. Thank you. MS. FILSON: The next speaker is David Roellig. He'll be followed Ronnie Bellone. MS. BELLONE: I cede my time to Georgia Hiller; Ronnie Bellone. MS. FILSON: Okay. He'll be followed by Mary Johnson. MR. ROELLIG: Hello, Commissioners. My name is David Roellig. I'm one of the technical members of the Clam Bay Advisory Committee, and I am shocked by Mr. Arceri's comments. We've had discussions on how the future of this committee should be handled, and his comments are completely at variance with anything we've discussed. This is controversial, yes. If it's too hot for you, maybe you should stay out of the kitchen. I certainly don't think having him on the Coastal Advisory Committee would be a plus, because I think ifhe Page 196 December 15, 2009 feels that he's being pressured, well, that's unfortunate. I was on the committee. I don't feel I've been pressured. I think there's really serious problems in this area. We have a report. One thing I want to mention to you, you have recommendations approved by this committee and by the Coastal Advisory Committee. Note its recommendations, not the report. The report was never approved by the Coastal Advisory Committee or the Clam Bay Advisory Committee because it was found by the majority of reviewers to be seriously deficient. There are literally dozens of pages of comments, adverse comments, on this report. So there are a lot of problems here. If you want to shuffle it off to somebody else to see if you could get a better result, that's certainly your prerogative. The other thing is, we have always a new idea about how many water samples should be taken. Mr. -- Dr. Tomasko talks about STORET and the reason for putting the data into STORET. The key word is appropriate. There's literally thousands of water samples that have been taken in Clam Bay. Now, do you want to do more water sampling? Are you going to spend hundreds of thousands of dollars more on water samples? You've got the money. Go ahead and spend it. I'm a professional geologist. I have no problem with collecting data. If you can afford it, go ahead and do it. The same with aging the sediment. If you want to do a study on the age of the sediment in Clam Bay and Moorings Bay, go ahead and spend the money, you know. I'm a taxpayer, but it's a very small percentage of my taxes. It's not a big surprise to anybody that lives in areas that has dead-end canals that there's sediment in dead-end canals. There's no amount of flooding -- or flushing that I'm aware of that's going to solve that problem. The problem is caused by material coming out of the canals that should be abating at the source, not at -- sir, my time is Page 197 December 15, 2009 now up? I certainly do not think it's a good idea to give this to the Coastal Advisory Committee. I know a lot of people on the Coastal Advisory Committee. They're nice people. They have no technical expertise in this area whatsoever in my opinion. Thank you. MS. FILSON: The next speaker is Mary Johnson. She'll be followed by Cyril Marks. MS. JOHNSON: Good afternoon. Mary Johnson for the Mangrove Action Group and a resident of Pelican Bay. It's, unfortunately, Mr. Arceri's misrepresentations and attacks are typical of the cynical disregard shown by those overseeing this project when it comes to the legitimate concerns that have been expressed about the potential damager to the Clam Bay NRP A, number one. In the comments you have before you that have been submitted by the Mangrove Action Group, you'll see that at least ten major concerns have been raised about the directions and implications of this study; exaggerated claims about the alarmingly degraded quality of Clam Bay's water, which has been used to justify this study; the efforts to show impairment where the accedences found are modest and occasional, apparently driven by an effort to gain control over estuary management; obfuscation about the true aims of the study to resolve water quality problems elsewhere; and to extend the definition of Clam Bay to include Venetian and Moorings Bay. Questions about the adequacy of the latest data collection which will be fed into a model to explore options ot increase flushing through Clam Bay without any evidence that such flushing is needed for the health of Clam Bay. Concerns about the proposed actions to be explored in the model simulations which prior studies have already revealed to be extremely damaging to Clam Bay itself. I won't go on further except to remind you of an old fable, the Goose that Laid the Golden Egg. In the story, the farmer who owned Page] 98 December] 5, 2009 the amazing goose became impatient with the steady production of golden eggs. In his greed, he decided to cut open the goose to get more eggs and, of course, the goose dies. Clam Bay is already producing many golden eggs for Collier County from the wise stewardship it has enjoyed, nature and habitat conservation, shoreline protection, recreation, enhanced tax revenues and tourism dollars from the attractiveness of the nature preserve for surrounding residential and tourism development. Now it is being asked to produce more eggs, ever more sand for beach renourishment, expanded motorboat access, a solution to the water quality problems that lie elsewhere. Commissioners, is it really your intent to kill the goose that laid the golden egg? Please take this opportunity to discontinue this work in favor of a more transparent and accountable effort to address the region's water quality problems primarily outside Clam Bay, and please restore the stewardship role of the Pelican Bay Services Division that has worked so well for Clam Bay in the past. Thank you. MS. FILSON: Next speaker is Cyril Marks. He'll be followed by Marshall DeMott. MR. MARKS: My name is Cyril Marks. I don't live in Pelican Bay. I've been in Naples for the last 29 years. I have canoed and kayaked up and down this beautiful estuarine. I run a small business, an eco-tour business, I am a maust naturalist, I'm an environmentalist, and I'm semiretired. It is a beautiful area. Let's leave it alone. I -- the other day I had a little put-put come along aimed straight for me. Canoes and kayaks have little enough place where they can go and be in peace without smelling all these engines and pollution that is really going to be put into this estuarine with more and more boats, particularly if you put up these great big three-by-three signs, or whatever they are. That won't leave enough room for both kayaks and big boats. Page ] 99 December 15,2009 And with that, I don't have much more to say. Just leave us alone. Give us the space. Thank you. MS. FILSON: Marshall DeMott. He'll be followed by Keith Dallas. MR. DeMOTT: Thank you, Commissioners. I'm Marshall DeMott. I'm a fly-fishing guide and fisherman, and I'm a Naples resident, and I moved here about, well, seven years ago from Maine. And I request that you make sure that you support any efforts to leave Clam Pass alone. I don't even like markers in the pass. The other day I was fishing, and a couple of dolphin came in in two feet of water. The sand is going to move and the sand is going to shift, but these dolphin came right at me. I fish with flies and I fish and I guide folks. And if you haven't been there and walked around back there, it's a truly amazing natural place, and there is no place for motorized boats, boats or anything with motors back there. Kayaks, canoes are fine, and -- but there shouldn't be any man-made objects in that at all. It should be left alone. It should be pole -- I don't think there's any need for any navigation aids back there. It's a marvelous place to walk around, and yes, through the seasons, the sands do shift, and the tide does certain things to the -- in a natural way, and those things are going to occur. So if we can try to grow some grass back there, it will even be better. So I believe Clam Pass will be damaged unless we act to preserve is by excluding motorboats. And it's rebounding from their most recent dredgings that it has had, and today you can fish it and catch sea trout and snook and ladyfish and redfish. I saw a school of redfish the other day, and baby tarpon. And so I urge everyone to please go there and enjoy that and try to preserve it the way it is. Thank you very much. MS. FILSON: The next speaker is Keith Dallas. He'll be followed by, I think it's Bruie (sic) Bowman. MR. DALLAS: Hi. I'm Keith Dalas. I live at 7575 Pelican Bay Page 200 December] 5, 2009 Boulevard. I am the vice-chairman of the Pelican Bay Services Division, but I am here as an individual. I don't speak for the board or any of my other members. As far as the comment on which committees should control the future studies, I'll leave that up to you. What I'd like to talk about is the last item that's on that agenda, and that is the peer review. I encourage you to approve the peer review, the funding of it, along with the Pelican Bay Services Division, a review of the PBS&J report and future studies that will come along. Over the years, Pelican Bay has heard that the Pelican Bay is a very pristine area. We've heard that it's -- we've done a good job, given that it's mangroves, and it does have runoff from the mangroves, which makes it unique. But otherwise it's a -- it's working very well. We've worked very hard to filter the waters that run off from west of 41, and that seems to have worked well over the years. The -- I think that because of that, most of us were very surprised when the PBS&J report came out, because it sort of contradicted what all of us had expected over the years, and particularly when we were compared to Moorings Bay, which we know has runoff problems. This may be a technical issue, but I think it just still upset a lot of people; therefore, I would hope that a peer review would help to clear some of the air, get more people onboard as to what's going on, maybe lower some of the rhetoric that's been going on. My hope is that we can -- if you approve the peer review portions of this, that it will help the community, the county, Pelican Bay, work together to find some of the solutions, and I think it will be money well spent. I thank you. MS. FILSON: The next speaker is -- MR. BOWMAN: Bruce Bowman. MS. FILSON: Bruce. MR. BOWMAN: My name is Bruce Bowman, and thank you for letting me speak. I'm a part-time resident here recently, and I'm from Page 20] December 15, 2009 Maine, and I came here because of places like Clam Pass. I came here about ten years ago, and I said, I just want to wade, I like to fly-fish. I don't like to go out on a boat that much. Where can I go? And they said, go to Clam Pass. It was a beautiful spot then; it's very beautiful now. As Marshall said, who just spoke, there's plenty of wildlife in there. And it's not broken, so I don't -- I think we need to leave it alone. We don't need motorboats in there. It doesn't need to be dredged. It's one of the few places now where you can go where you can actually -- don't have to spend a lot of money. You can walk and you're not going on private property and you see all kinds of wildlife and fishing. It needs to be protected. Thank you. MS. FILSON: The next speaker is Jim Burke. He'll be followed by Kathy Worley. MR. BURKE: Commissioners, Jim Burke, Pelican Bay and the Coastal Advisory Committee, but I'm speaking for myself. I've been involved with Clam Bay for ten years; eight on the service division board, two on the advisory committee. Clam Bay is why I, ten years ago, volunteered to serve on the service division. I have one agenda, the short- and long-term health of that system. So I'm going to be very brief. I support completely what Councilman Sorey said, back it up completely. I support what Chairman Arceri said, it's time to move on. This has been dragging on for two years. It's time to move it forward. And by the way, John Arceri was reluctant to get on the Clam Bay Advisory Committee, no doubt about it. But when he got on it, he got on it right up to his eyeballs. He spent time talking to everybody on both sides; understood the issues much better than I did. So, please, move this forward. The system, the estuary system, demands it. Thank you. MS. FILSON: The next speaker is Kathy Worley. She'll Page 202 December 15, 2009 followed by Doug, I think, Finley. MS. WORLEY: Hi. Kathy Worley -- Kathy Worley. I'm a member of the Clam Bay Advisory Committee. I'm also the codirector of science at the Conservancy of Southwest Florida. I was also, like David Roellig, I little bit shocked to hear Mr. Arceri's comments this morning, because the way we left the committee was that we were going to recommend that we continue. So -- and I also -- I'm also a little bit concerned that on the CAC, there wouldn't be any technical advisers on that committee. I am perfectly willing to continue serving on that committee. And I have heard and gotten voice mails. It's definitely contentious. I've gotten them from both sides, but it's not -- all of the stuff that I have has been pretty -- that I've been -- that I have received has been pretty much very diplomatic and not personal. I don't -- I'm sorry if people have gotten personal comments, but personally, I haven't. I've just gotten, this is what I think, from the public. I did send you an email that you-all got, so I'm not going to discuss that mainly because this issue came up. But I certainly think that the Clam Bay Committee his served a purpose, and I think it can continue to serve a purpose, and at least it should go back to the full committee for a discussion if we were going to recommend disbanding, because as far as I knew, we were going to recommend continuing on. Thank you for your time. MS. FILSON: Next speaker is Doug Finley; is that correct, sir? MR. FINLEY: Yes. MS. FILSON: And he'll be followed by Sarah Wu. MR. FINLEY: Doug Finley, City of Naples. All of you commissioners know that over 12 years, I've kayaked Clam Bay a lot of times. Probably almost a hundred times. I try to do it at least once a month, so I want to make a couple points. We, and by we I mean collier County, are finally into the process Page 203 December 15,2009 of accumulating some of the most comprehensive science and data on the Clam Bay system and adjacent waters, and I credit you for that. Dr. David Tomasko is one of the most qualified persons to have ever studied the Clam Bay system. As regrettable as it is, the Clam Bay system is and will always be a managed system. The system lost any ability for hand-off management or natural management when Seagate Drive, and especially Vanderbilt Road, cut off restricted flows. The Strand added to that impact. Even the Pelican Bay berm is a part of the managed system, and a managed system demands proactive, not reactive science and management. Seagate's right of boating access in the southern areas of Clam Bay via Clam Pass was established in 1958, long predating the NRP A or Pelican Bay. Logic validates that good circulation and flushing is important to the health of Clam Bay. Sediment testing is a vital component of the science in a proactive management of Clam Bay, and a Clam Bay committee should sunset, with duties transferred to the CAe. And I do want to say, I have a great deal of respect for the chairman, Councilman John Arceri. Thank you. MS. FILSON: The next speaker is Sarah Wu. She'll be followed by Ernest Wu. MS. WU: Hi. Good afternoon. My name is Sarah Wu, and I am a resident of Seagate. I think that all of us today in this room can agree that Clam Pass, Clam Bay, is a beautiful, beautiful place. But I caution you with having a hands-off approach. Rather, I would like for you to vote for the three recommendations, the water quality study, the sediment study, and the modeling study. The reason for that is, we need the best science to ensure that the next management plan is as most comprehensive as it can possibly be. And please vote in favor of those three recommendations. I also Page 204 December 15,2009 support all of the comments that were made by Chairman Arceri and Chairman Sorey. Thank you. MS. FILSON: The next speaker is Ernest Wu. He'll be followed by Meredith Dee. MR. WU: For the record, Ernie Wu, Seagate resident. I was going to come up here with a long list of counters to some of the political spin and misstatements, but frankly, that's enough, all right. Enough with the mud slinging already. In summary, we fully support the recommendations made by your chairman of the Clam Bay Advisory Committee, John Arceri, we also fully support statements made by the chairman of your Coastal Advisory Committee, John Sorey. Please vote according to the recommendations. Thank you very much, and Happy Holidays. MS. FILSON: The next speak is Meredith Dee. She'll be followed by Susan Calkins. MS. DEE: Really short and sweet. Ditto what -- oh, I have to come up. I was going to be short. CHAIRMAN FIALA: And you have to say your name. MS. DEE: I'm sorry. Meredith Dee, Seagate resident, and I'm also on the board. And I second everything that Ernie Wu and Sara Wu said in addition to Mr. Arceri and Mr. Sorey. Thank you. MS. FILSON: The next speaker is Susan Calkins. She'll be followed by Gary Price. MS. CALKINS: Yes. I actually was going to cede my time, but some of the comments that have been made have concerned me a good deal, and I would like to just say a couple of things. I live in the City of Naples. I go to Clam Pass every day. I have been watching and paying attention since the seagrass study that Dr. Tomasko did in 2007. I attended his presentations twice; once at Pelican Bay and once at Rookery Bay where he gave that. And he specifically talked about the fact that a good deal, ifnot most, of the Page 205 December 15, 2009 problem with the water does, indeed, have to do with Seagate Drive. And unless we plan on taking that out, I question, you know, the whole issue of flushing the system. The other -- that he specifically said -- and I dragged out myoid notes, but I also have the report. He has said he doesn't advocate more flushing, and there seems to be a good deal of talk about the importance of a circulation model, the importance of dredging for the health of the estuary, that the nutrient control is by volume control. I assume he means by that that we need best management practices, and we need more of them. We need them in Seagate, we need them in Moorings Bay, and we all know that. So I think that there has been, indeed, a lot of feeling in this whole issue. And I've been party to it, and I know -- I sat at the same meeting that Mr. Coyle sat at, that Mr. Sorey sat at, where Mr. Wu was representing Seagate. We had Pelican Bay representing, and there was an attempt to come to some agreement. And I think you know that that phone call that was played was a response to the fact that Seagate pulled out without coming to an agreement. And so, you know, I think we do, indeed -- I care a great deal about the health of the system. I understand the whole issue in concept of an estuary, but I think we need to be very careful about how we go forward with this, and I think we definitely need the technical expertise, and we cannot assume that certain things are essential to the health without that study. Thank you. MS. FILSON: The next speaker is Gary Price. He'll be followed by Brad Cornell. MR. PRICE: Thank you, Chairman -- Chairwoman Fiala, Commissioners. My comments will take 14 seconds. I fully support the recommendations of both chairmen, and equally important, I support any effort by this board which will continue to improve our natural resources. I also support and encourage our continued efforts to foster better relations and Page 206 December] 5,2009 communication with our neighbors and respect the rights of all of our citizens. Hopefully we can use all our energy, resources, and time to make our community a better place. I'm confident that you'll make the right decision, and I thank you for your service. MS. FILSON: The next speaker is Brad Cornell. He'll be followed by Mike Bauer. MR. CORNWELL: Good afternoon. Madam Chair and Commissioners, I'm -- I appreciate the opportunity to speak. I'm Brad Cornell, and I'm speaking on behalf of the Collier County Audubon Society . And first I want to compliment you on making this discussion today more public friendly by having the time certain. Lots of speakers is a good thing for making a good decision. So thank you very much. It's also a lot of work. I also want to note that Collier County Audubon Society has no objection to acquiring more data and information to support good policy decision making like the proposals in front of you; likewise, we're very supportive of peer review of analysis. This is -- you know, good science should support good policy; however, Collier Audubon's primary concern is that the current relatively natural -- I say relatively natural -- past estuarine bay system of Clam Bay would be significantly harmed by dredging the pass and back-bay channels for navigation purposes. It is one of the very few shallow and natural estuarine pass systems in the state, and that sustains a very unique habitat landscape, and we want to see that remain. I think that's all of our objective. The question is, are we going to facilitate navigational dredging, and that's what we're very concerned about. And what raises our concern is that any management plan that's going to expand the dredging criteria beyond the current, relatively successful model, frankly makes us very nervous. Page 207 December 15, 2009 So I'm raising a caution flag. It seems to us like there could be problems with additional dredging. And we only have to look at Wiggins Pass to see what overdredging does. That is a very negative experience that we have had at Wiggins Pass. We don't want to repeat that in other pass systems. And my final note is that should the Clam Bay Management Plan ever consider reconnection to the Vanderbilt Lagoon, first the poor water quality of the lagoon must be addressed, and that's because the watershed for the lagoon is filled with development that has very little stormwater treatment because it's so old. And I live in that development. I live in Naples Park. And we contribute a lot of pollution to that Vanderbilt Lagoon because we don't have any storm water. They didn't do that back then. So first you've got to fix the water quality in Vanderbilt Lagoon before you connect. Thanks. MS. FILSON: The next speaker is Mike Bauer. He'll be followed by Martha Dykman. MR. BAUER: Good afternoon, Commissioners. Mike Bauer, natural resources manager for the City of Naples. A few years ago I was contacted by a resident of Seagate who informed me that the annual monitoring reports connected with the permit for the Clam Bay management were showing a continual decline over the last several years in seagrasses. Because of that, I went and took a look at Clam Pass, my first time at Clam Pass, and I -- not Clam Pass, but Outer Clam Bay which borders the city. I took my snorkeling gear and I went in, and I was immediately struck by the water quality on a gross level. I couldn't -- not only could I not see my hand in front of my face, I was looking for seagrasses. I had to go within one or two inches of the bottom to see the bottom to see ifthere were seagrasses there, which there were. I was struck that there's something not right about this system. This has silt and sediment suspended in the water. I couldn't see Page 208 December] 5, 2009 anything. I went back. I've been back on three or four occasions, and I've always seen the same thing, same kind of conditions. My first reaction was that this was caused by Moorings Bay. I mean, we have this beautiful Outer Clam Bay, and it is beautiful. It's lined by mangroves, and I thought, we've got Moorings Bay, which is completely developed. My assumption was that this was coming as a result of the Moorings Bay development putting in sediment, whatever happened, but that was not based on data. After that time, the city started doing water quality sampling. We've sampled now for a year in the Moorings Bay system. What we found, surprisingly, is that the Moorings Bay system does not exceed any state standards. The water's pretty good. Now, that's not because of anything we're doing in the city. It's because of Doctors Pass. That water flushes very well. It moves fast, cleans that system out. But the bottom line is the water quality's pretty good. Now, Dr. Tomasko, since that time, also has looked at the water quality data existing for Clam Bay, and he's found that the water quality's not so good. There are issues with sediment. There are other parameters that do not meet state standards. More importantly, what he also found out with flow studies is that that water flows from Clam Bay into Moorings Bay. It's not Moorings Bay causing the problem. So where are we now? We need to develop a model. We've got to come up with some kind of a management strategy to improve things in Outer Clam Bay. We can't do that without a model because we can't -- we don't want to go in and start dredging everything. That's not the idea. lfwe have a models, we can start doing what-ifs. What if we do this, play with the model and see what happens. It's a great management tool for deciding what we can do. Now, that's just a tool. It's not the solution. We have to balance that with reasoning and looking at the data and using our professional experience to figure out Page 209 December] 5,2009 what we need to do and start looking at things, not jumping into doing anything at this point, but we need that tool. So I'd urge you to please approve the plans to do a model. Before we can do anything we really need that. Thank you. MS. FILSON: Martha Dykman, she'll be followed by Rick Dykman. MS. DYKMAN: Martha Dykman. I was president of the Seagate community when the 1998 permit was issued. And I think about how our community worked with Pelican Bay when the mangroves started dying at the north end of the system and how we jumped in and supported them and helped them. We didn't blame them. We could have tried to blame them. We could have talked to their scientists and told them that their scientists were liars and whatever. We didn't do that. We worked with them. I was a member of the Mangrove Action Committee. I was always asked to all the meetings. I was asked for my input. I was the instrumental person that got the city to go along with a hydrology plan to put the flat valves on Seagate Drive. All of a sudden, once the permit got handed to Pelican Bay Services Division, they've cherry picked. We want to do this, we don't want to do that. At the time we had -- our city environmentalists said, look we will mark -- we will mark Lower Clam Bay and keep boats out of the -- out of the seagrasses. Pelican Bay didn't want to do it. They didn't mark the seagrasses. They also said, go no wake. We've been going no wake for the last 12 years. We've done our part. In that 1998 permit it said that navigational markers should be put in the system. Pelican Bay didn't want them. They didn't get put in. There were supposed to be sings at the pass for people's safety at the pass so that boaters could go in safely and not hurt anybody in the pass. They were not put in because of Pelican Bay Services Division. Page 2]0 December] 5,2009 So we have done our part. We were great partners with Pelican Bay. Through the whole thing we worked with them. We encouraged the county to work with them. We said we'd be willing to be on a taxing district. We went to all the meetings, and we've been completely treated, you know, like -- worse then stepchildren. So please support Mr. Arceri. Please support John Sorey in their comments. Mr. McAlpin's done a great job. He's tried to make it not a political thing, but it's become so political it's impossible to go to the meetings. Thank you. MS. FILSON: The next speaker is Rick Dykman. He'll be followed by Jeff Fridkin. MR. DYKMAN: Thank you very much. My name's Rick Dykman. I'm currently on the board of directors of Seagate. I've lived in Seagate since 1984, so I've been there a long time. I've seen a lot of things happen. You know, I sat here and I listened for a while, and people are talking about boats and big boats and navigation and dredging. That's not why we're here. We're here to ask to do some further testing. You know, you go to your doctor and you get a physical and you get two or three things that come back, you know, out of norma Icy, you say, oh, well, what the heck. I'm not even going to worry about it. Well, sure, you go get some more tests. I mean, that's what you do to get things solved. So obviously I support it. I support all my neighbors. We think we need to move forward and get this testing done, and then we can make decisions about whether or not there's dredging or markers or anything else. I mean, you've got to start, you know, simple and move up. Thank you very much. MS. FILSON: The next speaker is Jeff Fridkin. UNIDENTIFIED SPEAKER: He had to go. MS. FILSON: Sue Black. She'll be followed by Robert Rogers. Page 21] December] 5, 2009 MS. BLACK: Hi. Sue Black, resident of Seagate. I know that I read somewhere there's seven steps to stagnation. One of them is, it will cost too much. It will never work. We've never done it that way before. To me, hearing this back and forth, back and forth, back and forth, is a step to stagnation. We need to make a decision. I support the four recommendations or three recommendations that are on the floor right now. I live less than 25 feet from the canal. Most of those Pelican Bay people live in high-rise condos. They don't see the water every day. They don't have an eight-year-old son that fishes. I want to know if that fish he catches is safe to eat. Ifthere's toxins in that water, I want to know for the safety of my four children. So please, vote for this recommendation to study the water. It just makes sense. Thank you. MS. FILSON: The next speaker is Robert Rogers. He'll be followed by Pat Muller. MR. ROGERS: Robert Rogers, 5264 Seahorse Avenue. I was on the Clam Bay Advisory Committee. It's a tad bit intimidating. It's probably not so intimidating from the Pelican Bay side, but on our side it's a little intimidating. I agree with all John's comments. My house is located such that literally Clam Bay is my backyard. I'm the last lot on Seahorse. You know, in throw a rock and hit that, I would be in Clam Bay. I wasn't nearly as surprised to hear that the water quality was not so good. I was very surprised to hear there's two people in here that have swum in it. That was very surprising to me. Or is it swam in it? But I think Rick Dykman cleared it up pretty good, and I'm sure Gary's going to. Today I don't think they're advocating any changes to the system, just some further testing. And as a Seagate resident concerned with two things primarily, that the estuary be used by as many county residents as possible and that the estuary be as clean as Page 2]2 December 15, 2009 possible -- and I don't want that to be to the detriment of anyone in Pelican Bay. All their people that participate on the committee, I found them to be very nice. I thought our meetings were good. Again, a little intimidating. So I'm hoping you will support the further studies just so we can learn some more. And I'm sure eventually that's going to lead to some recommendations that will be even dicier than today. But hopefully you'll support those studies, and the estuary can be enjoyed, not by the amount of people today, and by more people, and the estuary can be cleaner; because in my view, as I said in one of the first meetings we had, the water's putrid. It's not a clean system. It's not anything I would let my three kids, all under the age of six, go in. But, again, I hope you will support the further investigations. And I really thank all of you for taking the time, because I realize it's a dicey issue. MS. FILSON: The next speaker is Pat Mullen. MS. MULLEN: I ceded my time to Marcia earlier. MS. FILSON: Michael Seef. He'll be followed by Georgia Hiller. MR. SEEF: Michael Seef. I live in North Naples, and I do have -- I do have a son who has a place in Seagate, but we're pretty much of like minds. We've enjoyed the Clam Bay Estuary for ten years since we've lived in the area. We kayak in it all the time. We just value the scenery, we value the bird life, we value the fish life. I also serve as a nature guide. We have daily walks that explain the estuary and the mangroves and the wildlife in the area. I'll just make it very short and say that if we can agree, as many of the people have said, that our main interest is to preserve this relatively pristine area now and forever, the whole community will be well served. But there's a question of how we do that. Ifwe do excessive dredging, if we do some of the other things that we're Page 213 December 15, 2009 talking about that are unneeded, why spend -- I leave with a question. Why spend $235,000 if we all agree that the estuary in Clam Bay and Clam Pass are not really impaired? Thank you. MS. FILSON: The next speaker is Michael Seef. MR. SEEF: That's me. MS. FILSON: Oh, I'm sorry. The final speaker is Georgia Hiller, and I have Ronnie Bellone and Mary Bolen who have ceded their time to her. So she'll get nine minutes. MS. HILLER: Commissioners, Georgia Hiller, candidate for county commission, second district, chair of the North Naples Community Alliance, and resident of Pine Ridge Estates. To begin, what I'd like to do is -- Mary, if you would -- a handout is being given to you. County staff requested comments on the Post Buckley report from Humiston and Moore Engineers, the engineers responsible for the design and successful implementation of the CBRMP since 1998. Those comments were not, from what I can see, included in your agenda package and deserve consideration in your review of this item. I would like to enter these comments into the record at this time. The next thing is, Commissioners, is I would like you to observe what's on the overhead. What you see in front of you is an aerial of Clam Bay, Clam Pass, and the surrounding mangroves. This is evidence today of the successful project undertaken by PBSD, the single most successful mangrove restoration project in the State of Florida. Please keep this in mind as I speak. My presentation will be broken up into three parts. First I'd like to give you a general statement about the state of affairs. Secondly I'd like to get into a technical analysis, and thirdly, I'd like to give you my conclusions on where we are. To begin. Restoration and enhancement activities conducted in the estuary for the past decade have shown that limiting dredging of the pass is necessary to provide adequate flushing of the waters within Page 2]4 --- ---,~-,- '''-'---.,-"-..,.-- --~"~'._-~_.,---,.._--". -.- - ' "~"~-~._--.,,,.- -.-.....,.-- .-. .',.,., --'''..'-.. ,'-..,-',. ""-", December] 5,2009 the bays and to maintain the health of the mangroves; however, in this case bigger is not better, as the studies have shown. There is a point of diminishing returns when it comes to dredging. If you dredge too much sand out of the pass, then the flushing capabilities of the bay are not improved any further. Instead, the larger pass dredging can cause serious erosion and other adverse impacts to the adjacent beaches. The larger opening could also exceed the pass's ability to maintain itself and could, in fact, result in more frequent, costly dredging and beach impacts like the county is dealing with at big __ Wiggins Pass. Sound science should be used when making decisions which have the effect of seriously and adversely affecting one of Collier County's very special places. Science should provide the criteria for determining the dredging schedule to support mangrove health. Arbitrary dredging should be avoided. The Pelican Bay Services Division has over 11 years of experience working with and enhancing this system. Their knowledge and experience should be included in all decision making. Commissioners, speaking more specifically to what is before you today, the Clam Bay Advisory Committee Status Report that is in the board agenda package on Page 6 of 133 states, in quotes, FDEP is strongly considering requiring Collier County to model the system to obtain the exact crosssection of the pass cut. If this is required, it could lengthen the permitting time frame considerably due to, among other issues, the controversy associated with the ebb shoal and the width of the cut at Clam Pass. DEP's consideration of requiring modeling is specific to the fact that the county's dredging application included a report Gary McAlpin had CP&E prepare to support dredging the ebb shoal. Locally we are being told that dredging will be limited to the limits of previous dredging; however, DEP is proceeding as if this is a request for expanded dredging limits. Commissioners, you should Page 2] 5 December 15,2009 find out what county staff intent is before approving this. Based on good information, I understand that the issuance of a DEP permit for the expanded dredging seems highly unlikely. The technical explanation for why the expanded dredging is unlikely to receive a permit is that stable dimensions to which the inlet can be dredged are based on physical equilibrium with natural tidal energy. The equilibrium inlet dimensions are dependent on the tide range and size of the bay. No matter how wide the inlet is dredged, it will not change the volume of water flowing in and out of the bay. We already know that the natural equilibrium inlet side is close to the dimensions that are being maintained under the 1998 Clam Bay Restoration and Management Plan, known as CBRMP. The CBRMP has efficiently managed the inlet by dredging it close to the equilibrium size for this inlet bay system. The inlet used to close frequently and used to be dredged every year. Due to the success of the CBRMP, the inlet has not closed. The mangroves have recovered, and the dredging is only needed at about five-year intervals, and in fact, this time frame could even be longer, since the county has always dredged the inlet to obtain sand before dredging was actually necessary to keep the inlet open. There is a straightforward formula for determining equilibrium inlet cross-sectional area, and it does not require a costly sophisticated computer modeling package like the Delph 3D. Advanced modeling serves other purposes. The proposed scope of work includes water quality monitoring to determine ifthere are quality -- water quality problems in Clam Bay. It would be logical to add circulation modeling to scope of work if and when water quality problems are discovered. Pelican Bay has used the coastal modeling system, CMS software, developed by the U.S. Army Corps of Engineers, to model circulation in -- within Clam Bay. This was done to evaluate implications related to freshwater inflow. Page 2]6 December ]5,2009 At this time there are no identified water quality problems in Clam Bay. Ifin the future a water quality problem in Clam Bay were to be identified, the CMS model could be used to determine how to improve circulation to address the issue. It is, therefore, not clear why Delph 3D modeling is part of the scope of project before you today. The CMS model used previously in Clam Bay is one of a number of commercially available software packages that are equivalent to Delph 3D, which raises the question of why the Delph 3D model was exclusively specified, why a firm that does not have that model was originally selected to do the work and why Gary McAlpin has now indicated that the modeling will, in fact, be done by CP&E. Know what Page 8 of your agenda says. I quote again, a best-value offer was solicited from all firms under the Coastal Zone Management consulting contract. PBS&J and Johnson Engineering responded to the solicitation, and PBS&J was selected by an independent selection committee utilizing standard criteria, end of quotes. CP&E was listed to do the model for Johnson -- for the Johnson Engineering team at a significantly lower price than PBS&J's price, yet PBS&J was selected and is now using Johnson Engineering's consultant. What's going on here? Commissioners, my conclusions are on the overhead. Excessive dredging beyond what has been engaged in under the CBRMP will lead to serious beach erosion to the beaches to the north of the pass, which will result in otherwise unnecessary beach restoration which, in turn, lead to wasted TDC dollars to the tune of millions. Management of Clam Bay and Clam Pass should be returned to PBSD, an entity proven to be qualified and competent to handle the job professionally and cost effectively. DEP should not approve this permit without reviewing the 11 years of successful Clam Bay maintenance under PBSD, which will Page 2] 7 December] 5, 2009 establish that what is being asked for by the county is without merit. Specifically, Delph 3D modeling is costly and unnecessary. Existing modeling supporting the existing level of dredging, which has been a success, should be relied upon. And finally, the county's bidding process should be audited to determine compliance with CCMA. Therefore, based on the totality of the above, Commissioners, I ask that you vote no on all three counts. Thank you. MS. FILSON: That was your final speaker, ma'am. CHAIRMAN FIALA: Oh, okay. Very good. You know, I think it's time for a break right now before we even go further. Are you okay, again? All right. We'll just give you a ten-minute break, 13-minute break. COMMISSIONER HENNING: That's it. CHAIRMAN FIALA: Twelve-minute break. Let's see, 12-minute break would probably bring me up to about what, 4:55. Let's do that. (A brief recess was had.) MR. OCHS: Ladies and gentlemen, please take your seats. Madam Chair, you have a live mike. CHAIRMAN FIALA: Hi. Okay, we're back. We've heard our speakers, and now, Gary, did you want to wrap up? MR. McALPIN: Madam Chair, I think we're wrapped up, and we'll answer any questions the board has at this point in time. CHAIRMAN FIALA: Very good. Commissioner Henning? COMMISSIONER HENNING: Well, one statement. I'm kind of surprised by the public saying we should exclude motorboats in there when we have -- I don't know if the issue is big boats, small boats, but it always was motorboats from the Seagate residents. So I'm a little puzzled from that. I have several questions. The PBS -- or the Humiston Moore Page 2]8 December] 5,2009 report, Mr. McAlpin, was this -- this was a request for you. Was this a peer review? MR. McALPIN: The -- I -- prior to the PBS&J report coming out, they had analyzed the Humiston & Moore model. I sent that to Ken Humiston as a courtesy and asked him -- told him this is what the PBS&J report was, and this is what was going to be said, and I asked him to comment on it. So I was trying to get ahead of Mr. Humiston so that there were no -- no shocks on his part and give him the information prior to the fact. COMMISSIONER HENNING: We -- a part of the -- the contract, we allowed for a peer review of this. MR. McALPIN: We will have peer review, yes. That's one of the requests that we are making of the committee to move forward with. COMMISSIONER HENNING: Right. The existing contract. MR. McALPIN: The existing contract. COMMISSIONER HENNING: The existing contract we had, I think it was like -- I could be wrong. I don't want to say it -- but we had something in there for a peer review. MR. McALPIN: Yes, sir, and that was never appropriated. When we came in front of the Board of County Commissioners the last time, you authorized $120,000; $90,000 of which was for data collection, and there was another sum of money that was for -- it was for -- the existing -- just to review the -- and analyze the data as we -- as is out there. You made it very specific to come back, look at the existing data, analyze that, and come back to the Board of County Commissioners, and that's what we've done. So we never had any -- the peer review was not funded at that point in time, Commissioner. COMMISSIONER HENNING: Did you share this request from Humiston & Moore, did you share that with the Coastal Advisory Page 219 December] 5, 2009 Board and the Clam Bay Advisory Board? MR. McALPIN: Yes, we did. COMMISSIONER HENNING: Okay. MR. McALPIN : Yeah. And that was -- COMMISSIONER HENNING: Is there a reason why you excluded -- MR. McALPIN: And that was presented, and Ken Humiston was at the CAC, and also the Clam Bay -- I know he was at the CAC. It was discussed at the Clam Bay Advisory Committee, and Ken's comments on the model. And -- and the -- both committees moved to move forward with the acceptance of the report and to move forward with a flushing and circulation model using PBS&J. I would also say that PBS&J -- also we went through the BVO process with PBS&J, and they were selected by a group of impartial people. I was not on the selection committee at that point, Commissioner, and they felt that PBS&J was the -- was heads up the -- of the two parties, the one to contract with. COMMISSIONER HENNING: Okay. I have some other questions, and I don't want to bore my colleagues with them, so maybe just to answer my questions directly would be appreciated. MR. McALPIN: Sure. I thought I did. But I'll try to again. COMMISSIONER HENNING: Thank you. Is there a reason why this document wasn't in our agenda? MR. McALPIN: We had -- we talked about it with all of -- we had included it in the CAC, we had included it in the Clam Bay Advisory Committee. COMMISSIONER HENNING: I know -- MR. McALPIN: Didn't think it was critical to put in this because what we're -- didn't think it was critical to put in this agenda package. COMMISSIONER HENNING: Okay, thank you. Mr. Tomasko, where was the nutrient loadings that you found, higher nutrients, specifically in -- Page 220 December 15, 2009 DR. TOMASKO: The question -- this report didn't have nutrient loadings. The 2007 report had a loading model that looked at loads to Moorings Bay and loads to Clam Bay, and the pollutant loading model was then cal -- calibrated's the wrong word. It was then modified. The delivered pollutant load to Clam bay was modified by running it through the stormwater treatment system that Pelican Bay has. So the loads to Pelican Bay were divided by, we thought, an appropriate attenuation by going through their stormwater treatment system. As a result, net pollutant loads to Clam Bay are lower than the net pollutant loads per acre of watershed to Moorings Bay. COMMISSIONER HENNING: Okay. Was you asked to study Moorings Bay and Clam Bay? DR. TOMASKO: We were asked to study those influences on Clam Bay. And as part of our process of getting familiar with the system, we were told by many people in the audience, some of them here today, that one of the biggest influences on Clam Bay was the, quote -- it was either toilet or sewer or cesspit or something like that of Moorings Bay that was bringing all this polluted water into Clam Bay. So part of our assessment was to look at water quality data. And what we found is that there was a longer term water quality data set in Clam Bay, so we did not have 20 years of water quality in Moorings Bay that we had in Clam Bay. So we used a surrogate for bottom water hypoxia, which is muck. If you think of it, if you have a system with very poor water quality, whether it's quote, you know, a sewer or septic tank, whatever it was described as, you'd expect to find a layer of anoxic muck on the bottom, so that's one of the reasons why we started looking at Moorings Bay because reports that had been done previously, not models, but reports that talk about an equal distance or equal volume movement of Clam Bay to Moorings Bay. So one of the reasons we looked in Moorings Bay was because of the public's perception that Moorings Bay was adversely impacting Clam Bay. Page 22 ] December 15, 2009 COMMISSIONER HENNING: Did -- when you did your study, was it focused on the south side of Clam Bay because of those? DR. TOMASKO: No. We actually did -- we actually did -- we looked at the water quality data that was from Upper Clam Bay, Inner Clam Bay, Outer Clam Bay, and we actually did fieldwork. We did all the fieldwork in Clam Bay, and the consultants for Pelican Bay Services Division did all the fieldwork down in -- throughout Moorings Bay. So we looked at both of them. Excuse me. All the way from Upper Clam Bay all the way down to Doctors Pass. COMMISSIONER HENNING: All the way down to Doctors Pass. DR. TOMASKO: Yeah. There were, I think, 25 sites from Seagate Drive up to Upper Clam Bay and 25 sites from Seagate Drive down to Doctors Pass. COMMISSIONER HENNING: Okay. Yeah, I recall us giving direction to study Clam Bay and gave the geographical boundaries of Seagate to Vanderbilt. MR. McALPIN: In may, we have to -- when we look at Clam Bay, we have to look at the influences of Clam Bay from the watershed to the south, because we need to know what -- the velocity of the water and the tidal flow of the water and what's coming in from that point in time. Also remember, Commissioner, if I just may real quick, you said, is that the City of Naples paid for the sediment characterization study for $23,000 that was what David Tomasko was talking about on the sediment sampling that was done, and we graciously did 50 samples, half of them in the Moorings Bay and also half of them in Clam Bay. So we really only studied -- we really only studied Clam Bay, but we looked at the effect from a tidal and a flow and a velocity point of view that Moorings Bay would have on Clam Bay, and that's the only way we can get a handle on the whole system. Page 222 December 15, 2009 COMMISSIONER HENNING: So you're asking for a budget amendment from other sources from Fund 111, the court recording documents and costs? That's-- MR. McALPIN: Yes, we are. We -- for the -- that item is, whenever we have the Clam Bay Advisory Committee or any of the -- we don't have any funds for court recordings or documentation costs, and that's moving forward, Commissioner. COMMISSIONER HENNING: Are these all from your allocations? MR. McALPIN: Currently. When you say your allocations, I'm not quite -- COMMISSIONER HENNING: Well, your department, Coastal Zone Management. Are these allocations -- MR. McALPIN: I don't have these funds, Commissioner, in my operating budget, and I'm looking for money to augment my operating budget, $102,000, and these would be for these studies to support the Clam Bay effort. COMMISSIONER HENNING: Okay. You're asking -- or maybe I'm not reading this right. Are you asking to expend the moneys for these particular things, or are you asking for these monies to come out of those different categories out of Ill? MR. McALPIN: I'm asking for funding from 111, which would be transferred into my budget, which would identify, which would fund these items that are listed here, adding up to $102,400. I'm also asking for -- that the addit- -- the funding from 195 for $132,000 be approved for the optimization and flushing modeling. So I'm asking for two sources of funds; $102,000 from 111, and 132,000 from TDC funds, 195. COMMISSIONER HENNING: You've applied for a permit for dredging Clam Bay. How long do you think that will take to -- I'm sorry. I said Clam Bay. That's everybody's biggest fear is dredging Clam Bay. I meant Clam Pass. Page 223 December 15, 2009 MR. McALPIN: We have a ten-year -- we've applied for a ten-year permit to do tidal flushing, to dredge for tidal flushing, on the exact same basis of what the current permit has been authorized under for Clam Bay, and that is to -- so that moving forward over the next ten years, when needed, when this master plan identifies the criteria on when we should dredge again, we have a permit in place to dredge and also that if this pass is ever closed due to an act of God or hurricane, that we have the ability to open the pass. COMMISSIONER HENNING: That wasn't my question. I didn't even ask my question. But my question is, how long will you-- how long will it take to get that permit. MR. McALPIN: The permit will typically take between six and nine months. We thinks it's closer to six months at this point in time. We had -- COMMISSIONER HENNING: And once you get to that permit, are you going to start dredging? MR. McALPIN: No. We will-- we won't dredge until we have the master plan complete and we have identified the criteria on when we need to dredge for the health of the estuary. COMMISSIONER HENNING: Will the -- the permit you applied for is to maintain it for the health of the estuarine system. MR. McALPIN: That is correct. COMMISSIONER HENNING: So I guess my point is, why not get the permits -- why not dredge to the maximum depth of the permit, and let's see what we get from there? Because doing a budget amendment of a hundred and -- a hundred thousand dollars on economic times for more studies when we were just considering not having the adoption program for animals just doesn't seem right. I mean, these -- I would like to see us move forward with the dredge as submitted, than more studies that probably will take more tax dollars away from items that I'm not sure is really necessary. MR. McALPIN: The funding -- the request that we have for a Page 224 December 15, 2009 ten-year permit is already -- has been approved, and we're moving forward with that, and that's not included in this request that you have here, Commissioner. COMMISSIONER HENNING: Oh, I know it's not a part of it. I made a statement. The statement was, let's not spend the money for more studies. Let's provide improvements and not expend these moneys and see how those improvements does to the system. MR. McALPIN: Without the study to look at what-ifs and how the system can best be optimized, the total system can best be optimized, we will never know what those improvements need to be, Commissioner. COMMISSIONER HENNING: Not necessarily. I mean, Clam Bay has been studied -- there's tons of studies done on it. And I know there needs to be more work done, but also up and down the whole coast. Is it the best time to spend moneys on more studies, or is it the time to keep our libraries open, keep our adoption program going, and keep our parks going? MR.OCHS: Commissioner, in might, the parks and your libraries are primarily funded out of your general Fund 001, general fund. This request is for your Fund 111, as you know. COMMISSIONER HENNING: 111 -- 111 is for parks and rec. MR.OCHS: Partially. COMMISSIONER HENNING: Libraries, I agree, is 001. But we just went through a budget process where we were considering doing a lot of things that we haven't done before historically, but we're taking on more and more, and that's my concern of, you know, this -- your spending for more studies is going to result in more spending. And is it the time, or do we need to start to pick and choose what we spend money on? MR. OCHS : Yes, sir. COMMISSIONER HENNING: We just went through a budget Page 225 December 15,2009 process, and now we're just asking for another amendment of our budget process. CHAIRMAN FIALA: Commissioner Henning, we've got another group of people waiting here yet. Is that -- are you about finished with your subject? COMMISSIONER HENNING: If you want me to be, Commissioner Fiala. CHAIRMAN FIALA: I mean, if you have some other points to make -- COMMISSIONER HENNING: Go ahead. CHAIRMAN FIALA: -- you know, fine. I don't want to cut you off, but if this is your only point and you've made it, I would like to move on. What do you say? COMMISSIONER HENNING: If that's what you want, Commissioner Fiala, that's fine. CHAIRMAN FIALA: Okay. Commissioner Coyle? COMMISSIONER COYLE: Thank you very much, Madam Chair. You know, we've spent most of the day here talking about things that are not even on the agenda or under consideration. I've heard people tell me about the dangers of underdredging or overdredging, about flushing, about all the other -- about boats being in Clam Bay, and they shouldn't be. That's not what we're here to discuss. We're here to discuss ratifying the Clam Bay Advisory Committee Update Report dated September 25,2009, approving a proposed budget amendment, and approve the Clam Bay System Data Collection and Analysis Report and a peer review of this report conducted by an independent expert jointly selected by Coastal Zone Management and the Pelican Bay Services Division. Approving this item does absolutely nothing with respect to dredging. It doesn't address boating in Clam Bay. It doesn't address Page 226 December 15, 2009 navigational markers in Clam Bay. So all the discussion about the terrible things that people have raised today is of no consequence because that's not what we're talking about today. So I'm going to make a motion that we approve the staffs recommendations, and I'll read them one more time, and I'll make one addition. We ratify the previously provided Clam Bay Advisory Committee Update Report dated September 25,2009; we approve the proposed 2010 budget of $234,917 and all necessary budget amendments; and approve the Clam Bay System Data Collection and Analysis Report Recommendations and a peer review of this report conducted by an independent expert jointly selected by Coastal Zone Management and the Pelican Bay Services Division, and then I will add one more recommendation to this motion and this is, we will permit the Clam Bay Advisory Committee to expire and the responsibilities will be taken over by the Coastal Advisory Commission (sic). COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Okay. I have a motion on the floor and a second. Commissioner Halas? COMMISSIONER HALAS: Yes. I was quite concerned when the person who is supposedly running for the candidacy of District 2 commissioner made charges that all we wanted to do was dredge, and that had nothing to do with this thing and yet that person came in here, made accusations, and now is gone. So I've got some concerns about that, because I had some questions to ask in regards to where this dredging idea came from and also the idea that we're going to eliminate power boats and that we want to cut off access to -- for other people to use this. So I just wanted to bring that up. And I hope that we got the -- the other thing that concerns me is that if we don't address these issues now and the state comes in here Page 227 December 15,2009 and finds out that those waters are impaired, it's going to cost us a whole lot more money than what it's going to cost us now, and we're not going to have any choice in this matter. We're going to have to get it done and get it done soon. So we're better off going through a study and getting things taken care of and making sure we have the data, and then we can make a decision what need -- what's the best thing to do to address this. Thank you. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: So let me get this straight. You're -- the motion is to approve staffs recommendations one through four and also sunset the Clam Bay Advisory Board and have the duties of Clam Bay to the CAC, Coastal Advisory. COMMISSIONER COYLE: That's not quite correct. I mean, the gist of it is correct. I'm actually approving recommendations one, three, and four, and revising recommendation two. COMMISSIONER HALAS: That's the sunsetting. COMMISSIONER COYLE: Yeah, it's the sunsetting, yeah. COMMISSIONER HENNING: Okay. So-- COMMISSIONER COYLE: It's already covered by the other one. COMMISSIONER HENNING: So you're approving the -- to do a budget amendment from TDC funds? COMMISSIONER COYLE: I'm proposing -- COMMISSIONER HENNING: And III? Because we're supposed to be getting some kind of recommendations from the TDC for expenditures of TDC funds. COMMISSIONER COYLE: I don't have any problem with getting recommendations from them, but if the recommendations are made in time to accomplish the budget allocation, that's okay with me. But as I understand it, staff has already identified $234,917 for the FY2010 budget, and that's what I'm recommending we approve. Page 228 December 15,2009 COMMISSIONER HENNING: Right. But they didn't get -- I didn't see any recommendation from the TDC board, and by statutes, that's a must. COMMISSIONER COYLE: I'm sure the county attorney can work out the legality of the transfer, right? MR. KLATZKOW: (Nods head.) CHAIRMAN FIALA: Okay. Okay. I have a motion on the floor and a second. Any further discussion? MR.OCHS: Madam Chair? CHAIRMAN FIALA: Yes, sir. MR.OCHS: I'm sorry to interrupt. Commissioner Coyle, you had one through four. COMMISSIONER HENNING: No, one -- MR.OCHS: I'm sorry, one, three, four, the budget amendments. You didn't mention number five. COMMISSIONER COYLE: Yes, I did, because they're included in number three. It says, approve the FY10 budget-- MR. OCHS: Yes. COMMISSIONER COYLE: -- and the money and all necessary budget amendments. MR. OCHS: My mistake. COMMISSIONER COYLE: So staff has repeated the recommendations. MR. OCHS: Sorry. Thank you, Madam Chair. CHAIRMAN FIALA: Okay. All in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? COMMISSIONER HENNING: Aye. Page 229 December 15, 2009 CHAIRMAN FIALA: Okay. That is a 4-1 vote. Thank you very much. And now we move on to our three o'clock time certain. Item #10B A WARD OF A CONSTRUCTION CONTRACT IN THE AMOUNT OF $34,977,999.18 TO MITCHELL & STARK CONSTRUCTION CORPORATION AND RESERVE $4,207,000.00 ON THE PURCHASE ORDER FOR FUNDING ALLOWANCES, FOR A TOTAL OF $39,184,999.18 FOR BID NO. 09-5287 OIL WELL ROAD IMMOKALEE ROAD TO CAMP KEAIS ROAD, PROJECT NO. 60044 - MOTION TO APPROVE ITEM AND FOR STAFF TO WORK WITH THE COMMUNITY TO SETTLE THEIR CONCERNS. STAFF TO PROCEED WITH MEDIATION FOR ADDITIONAL EASEMENTS AND TO BRING BACK TO THE BOARD - APPROVED MR.OCHS: Yes, ma'am. That would be -- that would be Item lOB. CHAIRMAN FIALA: We're trying to get Commissioner Coletta over to his six o'clock speaking engagement. COMMISSIONER COYLE: What item are you doing? CHAIRMAN FIALA: lOB. MR. OCHS: lOB. It's a recommendation to award a construction contract in the amount of 34,977 ,999 .18, to Mitchell & Stark Construction Corporation, and reserve $4,207,000 on the purchase order for funding allowances for a total of $39, 184,999.18 for bid number 095287, Oil Well Road, Immokalee Road to Camp Keais Road. Project number 60044. Mr. Jay Ahmad will present. MR. AHMAD: Good afternoon, almost evening, Commissioner. Page 230 December 15, 2009 My name is Jay Ahmad, for the record. I'm your Director of Transportation Engineering and Construction Management. For you this evening, this Item lOB, which our county manager just read, is to award the contract for Oil Well Road to Mitchell & Stark Construction Company, a local construction company here in Naples. And with me here as well is Brian Penner, one of their officers, if you have any questions. This project started with you approving the developer contribution agreement in April, 2005. And with that agreement, Ave Maria was to donate land to the county at no cost, that they would fund the permits and the design of the project, and would also give us the fill and -- the fill and embankment material that's required to construct this project at their cost. They've done so, and we are ready here today -- and they permitted the project, they designed the project, and now it's our turn to comply with that agreement to build Oil Well Road project. Two segments of the project I'm showing on the monitor here that are part of the bid package that went out, and now we're asking for the award. Segment two, which extends from Immokalee east to just east of Everglades, distance of approximately 3.3 miles. Segment for 4A, which starts at Oil Well grade road and heads east, just east of the Ave Maria driveway, approximately 3.8 miles. We went out to bid, and we've gotten good bids. We have a total of nine bidders submitted bids for the project, the lowest being Mitchell & Stark at 39,184,999, and highest bid being Phillips & Jordan as shown on that map, that chart, 47,260,725. The low bid is approximately 18 percent below what we thought the engineer's estimates of the project. With that, I'm available to answer any questions. CHAIRMAN FIALA: We have nine speakers. Would you like to call our speakers, please? Page 231 December 15,2009 MS. FILSON: Yes, ma'am. Robert Buck. He'll be followed by Nancy Wright. MR. BUCK: Good evening. I'm Bob Buck. I live in Waterways, and I chair the finance committee for our homeowners association. I would like to describe to you the monetary impact this is going to have on our development. The obvious impact will be to the homes that are located right next to Oil Well Road, but there will be a major impact to all residents. Just as a point of reference, our annual budget is just over $700,000. Like many other communities, we currently have 40 homes in foreclosures, formally in foreclosure. It's about 10 percent of our homes, and by extension, 10 percent of our budget. We're further burdened with the associated legal fees and maintenance costs on these properties. Those 40 are actually formally in liens and foreclosures. We have another 50 that every quarter are late. They pay. They pay before we do anything formal like a lien. And it's not always the same 50. But it's roughly that same number every quarter. To me, that's an indication of the stress that they're under. If they can't make their quarterly payments on time, they make them but they can't do it on time, they are stressed. Obviously any further impact to them will make their distress just that much worse. Current estimates from our own landscape architect and from the county transportation staff are the known impacts to our berms and landscaping and foliage and noise barriers, will be close to $500,000. There would also be impacts to our entrance on Oil Well Road. We might have to make it an exit-only entrance, remove the gates, open the gates, close it entirely, and we could possibly lose the left-turn in lane for traffic coming from the west. Ifwe have to close the side entrance, that will require us to redesign and rebuild our main Page 232 December 15, 2009 entrance on Immokalee Road, because that is not currently built to accommodate large trucks and vans and trailers. They just can't fit through it, so we'll have to rebuild it. These costs to the entrances could push the total much closer to a million dollars, and that's a huge amount for a community of 423 homes, especially when 10 percent of them aren't paying now. The eminent domain process compensated us less than $86,000. Obviously a small fraction of the potential costs. That would leave us with the prospect of a special assessment on our residents, which could be as much as 2- or $3,000. Those 50 or so homes that are under stress, that may just tip them over the edge, and we could be forcing them into liens and foreclosure. That would more than double our current delinquency problem. Right now we're running about an $80,000 delinquency problem. We're able to cover that by suspending our reserve contributions. But ifit were to double, 150-, 180-, we could not possibly cover that. So these are the repercussions; they are very real, very quantifiable. They pose a huge problem. They would and could seriously inhibit our ability to function as an association. CHAIRMAN FIALA: Thank you, sir. MR. BURKE: Thank you. MS. FILSON: The next speaker is Nancy Wright. She'll be followed by Annette Wenowsky. MS. WRIGHT: I cede my time, Madam Chair, to Mary Horesco. MS. FILSON: Annette? UNIDENTIFIED SPEAKER: Annette left. MS. FILSON: Okay. Michael Whitt. He'll be followed by John DePrisco. MR. WHITT: Good afternoon, Madam Chairman, Commissioners. I'm Michael Whitt. I'm with the law firm of Becker and Poliakoff. We have the pleasure of being counsel to the Page 233 December 15, 2009 Waterways of Naples Community Association. We've been working with them on this problem. I'm not sure if all of the commissioners are familiar with the issue. It's not so much directly related to the award of the contract to Mitchell & Stark but rather where this project is at getting underway and this community being faced with some dire financial issues that they're going to have to deal with. As was mentioned by Bob, the association is going to have a huge problem during and after construction, and there's going to be anywhere from probably 750,000 to a million dollars worth of uncompensated impacts on the association property that they're going to have to deal with. We've met with the county attorney and some of the assistant county attorneys and staff. We've started trying to have some communications about trying to work these things out. We wanted to appear today to make sure that all of you knew of this problem. We'd like to continue to have dialogue with Commissioner Coletta to see if this can be worked out. Litigation is what I do, but it's the last thing that I want my clients to have to be involved in, so we would like to avoid that specter and be able to work this out. So I'm sure ultimately that we'll be back before you dealing with this, if -- hopefully we can come to some agreement, some arrangement with the county so that Waterways is treated fairly in this process and gets the money that they need to put their landscaping back, their berm, or some type of sound wall or something in to mitigate the impacts of this project. Thank you. MS. FILSON: John DePrisco. He'll be followed by Mary Horesco. MR. DePRISCO: Good afternoon, Commissioners. My name's John DePrisco, resident of Waterways of Naples, about 11 years. In 2005 I was the president of the homeowners association, and Page 234 December 15, 2009 we became aware of this project. We're not against this award, but we are kind of against what might be going on in the background. So I wanted to make sure you guys knew what was happening and that you understood our point of view. In 2005 we found out that we might be losing our left turn in and our left out from -- you know, into Oil Well, which is Mystic River. And as was mentioned before, that is a straight road, and it's the only way for trucks to get into our neighborhood. The Immokalee Road entrance is curved and goes to a large gatehouse, and it would be a significant -- it would not be trivial to try to change that so that trucks could get in. I met with Commissioner Coletta and two transportation officials in 2005, and they brought forth the plans. And I asked, is there any possible way we could get a left turn in at the very least; otherwise, you would have trucks coming in from Immokalee, going down Oil Well, making U-turns at the school to come back up to make the entrance into Waterways of Naples. Obviously this is not a perfect solution, and they said, sure, we could probably give you a left-turn lane if you give us an easement into your berm. I said, okay, you know. How much would you need? They said, well, including the ditch and then maybe another 10 feet into the berm. I said, okay. You know, I'm not an engineer, but I know that the angle of incidence of a berm, you're going to change the top. They said, not a problem. We'll put in a retaining wall, and you'll maintain your berm. The other option -- the obstacle was that we had vehicle stacking at the gatehouse so that it doesn't impact the traffic, and they said that that would not be a problem. There would still be enough room left to stack vehicles. And so, I mean, the whole meeting took, you know, maybe 15, 20 minutes. I said, sure, we'll do an easement. We went to our attorneys at the time. They drew up some paperwork within a year. Page 235 December 15, 2009 We thought we had an agreement, it was signed, whenever. We approved it. But now I'm hearing that, you know, now the stakes have shown that you're going to take all of our berm, that you went to eminent domain, that we might lose our guardhouse, you know, that we'll lose vehicle stacking. You know, we were all individuals of good will and good faith. So I'm asking you, you know, please honor your verbal commitment. And I honestly don't believe that the word Collier County Commissioners and eminent domain go together in the same sentence. I really don't want to go there. So please just look at what's going on behind this. We're not against the awarding of the contract, per se. But there is a lot of stuff behind it, and I want to make sure that it's clear to you, you know, we're going to work with you. Like I said, we've done easements in the past. You know, if -- we want to do what's right, but we really need that left turn in, we need our berms, we need our gatehouse. Thank you very much. MS. FILSON: The next speaker is Mary Horesco, and Nancy Wright ceded her time to her, so she gets six minutes. MS. HORESCO: Good evening, Madam Chair and Commissioners. Thank you for staying so late to hear us out. I'm also a resident of Waterways. I moved here in 2001. And I think, like most people that moved to Southwest Florida, we came here under the basis that we would have our own piece of paradise. And it sounds to me now that this piece has been threatened. We've had a lot of issues in a growing community and a growing county, but I don't think any of us had expected to, at some point in time, have to deal with the possibility of being prisoners of our own community . And as John just said, in terms of what this plan involves, it's going to be of serious detriment to all of us. I'm also a Realtor, and I fought tooth and nail for these residents to get the best value for their Page 236 December 15, 2009 property in the worst time, and this will do nothing to help our property sales. Seventy-five percent of the homes that have sold this year were short sales or foreclosures. I don't want that to end up being 100 percent next year. And even so, picture a neighborhood that is totally changed. When people come to buy, they look at appearance, the ambiance of a neighborhood, okay. That is going to be devastated with the proposed changes to our entrance. So this is a proposal that is going to impact us for a long time to come, not to mention the people that live along Oil Well Road in our community . Now, I have several state licenses, and with the two that I hold -- the other one is in nursing. I worked as an ER nurse, and I know how critical time is. And if anybody ever has to make a U-turn into our community to get to someone to save their life, that could kill them. And EMS trucks have come in. The other thing that I'd like to say is that I did attend those meetings too, and I did see the plans that the county did give us, and we went on good faith that they were going to come through with these plans. Now they've been totally changed. There's nothing in this plan that's going to help our home values, that's going to help our neighborhood. It's going to push more people into foreclosure, and it's going to stop the sales. So please reconsider and look at all the facts before pushing this through. Thank you. MS. FILSON: The next speaker is Kristi Bartlett. She'll be followed by Gene Howarth. MS. BARTLETT: Good evening, Commissioners. I'm Kristi Bartlett with the EDe. I was just here to say that we fully support the widening of Oil Well Road. It is essential to the economic development diversification and ultimate sustainability of Eastern Collier County. Page 237 December 15, 2009 Thank you. MS. FILSON: Gene Howarth. He'll be followed by Jake Sullivan. MR. HOWARTH: Evening, Commissioners. I am one of those -- my name's Gene Howarth. I live at 3312 Fort Pleasant Court in the Waterways. I am one of those people that borders Immokalee and Oil Well Road. And I didn't know up until two days ago that my berm was disappearing. That's all I have between me and that road. I have two young children. My son's castle sits right next to that berm. So I'm here to ask you, at least review, hold off on awarding this contract, and at least consider reviewing it and talking about something we can do for our community to get -- either keep our berm, give us a wall, do something. I have a hard enough time keeping my two-year-old son in bed past 5:30 in the morning because of the noise now. I can't imagine what it would be without at least having a berm or a wall there. So I ask that you take a look at this further before awarding the contract. Thank you. MS. FILSON: And your final speaker is Jake Sullivan. MR. SULLIVAN: Good evening, Commissioners. Before I start, I just wanted to say that while there doesn't seem to be a lot of people here from Waterways, if you'd all stand up, please. This is what we could rustle up on short notice, because most of the people in our community are working families, both parents are working or single-family folks are working -- thank you -- are working, and they couldn't make it here at three o'clock, which if we'd known it was going to go past five, we probably could have gotten a bigger crowd. I just want to wrap up what everybody said. I think you're kind of getting the picture here. When we entered into this issue back in 2004 and then, as John said, in 2005, we really -- when the ball really started rolling, we knew that this road was going to be important to Page 238 December 15,2009 economic development in the eastern part of Collier County. I mean, there were a lot of projects going on at the time out there, and frankly, it was kind of difficult to get out of our community because of the traffic situation. And we did negotiate in good faith. We honestly thought that most of our berm was going to be maintained, we were going to keep it, most of what was going to happen as was explained to us was that they were going to put utilities in it. After all, it was an easement. It was a utility and slope easement. Nobody expected the thing to get nuked, disappear overnight. So what we're here for is to ask you that while you're considering this award, that you look at this through the eyes of the people that live there. I mean, we've been subjected to a lot of development in that part of the county over the last couple of years, and we're just trying to keep our own piece of tranquility there. There are a lot of issues that we'd like to see resolved, financial burden to our residents, as was mentioned by Mr. Buck, a loss to the berm and the landscaping, which was an issue concerning the resident that's directly affected by this, Gene. There are LDC issues as far as traffic stacking and things like that. I mean, the gates and the road is -- the area is going to diminish from what was within code when the development was built to out of code. And we need to have assurances that those issues are going to be resolved. The moving of power poles from the south side of Oil Well Road to the north side, to our side of the road, we don't understand why any of that has to take place either, further diminishing our property values. So we'd ask that you just kind of look at this through the eyes -- think ofyourselfliving in that community and how this is going to impact your community and help us out with this deal and give us an opportunity to further negotiate with county staff to try and come to a Page 239 ~_...,,_.~-,--~'-""--'~- "._....._,..~-,.,~ December 15, 2009 happy medium here that everybody can live with over the years. Thank you. MS. FILSON: That was your final speaker. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yeah, where to begin? One, Oil Well Road has to be done. There's absolutely no way that this can be delayed, not even a day, not in this economic climate, not with everything we're up against. I can tell you that total support does not exist for even building this road, and the longer it's delayed, the less likely it could happen, I mean, if we put it off for two months while we discussed it and you met with staff. I think we're way past that point. The people you have to deal with is the Collier County Commissioners that sit right up here today, and that's why I sent the letter out to you, every member in Waterway that has an email address, asking you to be here, and enough of you are here to make a difference. You do have real concerns. The truth of the matter is, when you weigh everything, staff did what they said they were going to do. I wish there was a little more follow-through with walking the berms and taking a look how it was all going to come together. I was out there Sunday. Jake took me up on the berm. It took a little while to grasp what the different color stakes meant. But I can see what it's going to do. It's going to be devastating. I don't understand how we got to that point, but we did. And I listened to staffs explanation of it, and everything they did was right according to Hoyle. Something was missing somewheres in there, but none of that matters. What matters now is that the people that we all represent, which is you, are going to be at the short end of a project. Your community will not be the same if we just go ahead with it the way it's planned now and everything is taken down and the berms come down. You can't possibly build the berms back. Even if you could, where are you going to put them? Right in the person's back -- in their kitchen? It's not going to work. Page 240 December 15, 2009 So the berms can't stay. I don't think there's a way that a remaining wall could be built to be able to accommodate them, but staff will be able to advise us on that. We have to come up with a way to be able to try to make you reasonably whole on this whole thing. I'd like to see us, one, approve what we've got in front of us today as is and have set-aside money. We've very fortunate. Thank you very much for transportation for bringing this project in eight-and-a-half million dollars below what the projection was. That's an absolutely wonderful thing, and maybe that will work to our advantage. I'd like to see at least $750,000 put in a set-aside, and then we'll talk to the people in Waterways to be able to see what can be done and bring it back to the commission to see what kind of realistic things can be done. Now, I'm not talking about the impossible. I'm talking about something that's practical. County staff would meet with you, you would talk with them, you'd see all the different possibilities it would be. This would be a retrofit after everything gets started. The road can't be changed. I mean, to do it now would be disastrous. It would probably kill the project. It's a design-build. Everything's on the drawing board. It's been previously approved. Now, the only thing we're approving now is the contract to let it. So what I'd like to do is make a motion, one, to approve the project; number two, ask my fellow commissioners to put aside $750,000 to have negotiations take place between Waterway and staff to be brought back to us for us to be able to take a look at it to see what can be done, some sort of agreement to be able to move this thing forward to make these people whole. CHAIRMAN FIALA: You mean like a wall or something? COMMISSIONER COLETTA: A wall. I can't think of anything else but a wall. A berm's not going to work. But I'm not going to say Page 241 ._ .,,~_,"d', _,_..._._...<._.."__,_~.,~.__._.~..__~.,....._",,,_.,.__'"'" "_"__,,__,_,,___,,~_,'_"W" December 15, 2009 a wall. It might be a retaining wall on part of it, it might be a wall in another part, and maybe in another part, some sort of berm might even be able to stay in place. I have no idea at this point in time. Ifwe wait until we analyze this thing to be able to come up with it, it could be months away before we come up with some workable solution. COMMISSIONER HALAS: I'd like to support your motion but I'd like to ask some questions to our transportation department-- COMMISSIONER COLETTA: Please do. COMMISSIONER HALAS: -- before we go -- before we go on. But I think Commissioner Coyle's next. CHAIRMAN FIALA: Yes, he is. COMMISSIONER COYLE: She never notices me anyway. You know, if we didn't have to allocate all that money to paving limerock roads, we could have taken care of this a long time ago. COMMISSIONER COLETTA: Pass this down to Commissioner Halas and have him stab him in the heart with it. COMMISSIONER HALAS: Wait a minute. I'm not going to be an accessory to the crime. COMMISSIONER COYLE: That's a private joke between me and Commissioner Coletta. Norm, you've got to give me some kind of a site plan here and show us what's going on. Now, I've looked at the overall plan, but you've got to get down and go through detail on this thing; because if I were these people, I would be very weary of saying, okay, go ahead and we'll talk to you later about solving it, okay. I think what we need to -- (Applause.) COMMISSIONER COYLE: We need to at least take a look at it and see ifthere are some reasonable solutions to their problem that we can incorporate into the road construction project itself. Now, the first thing I want to ask you is, why can't we Page 242 December] 5, 2009 underground the power lines rather than just moving them from one side of the road to another? MR. FEDER: Well, first of all -- COMMISSIONER COYLE: Let them applaud first. (Applause.) MR. FEDER: First of all, for the record, Norman Feder, Transportation Administrator. The issue late in the process was FP&L moving to the other side of the roadway. As you know, they get to use our roadway right-of-way for free, and they move their utilities as long as they're not obstructing movement in traffic. The berm impacts were shown, were staked out well before this time. Almost four years ago they were fully staked. 7-0 association vote to give us the right-of-way for a left-turn lane which we didn't really want to put in because of its proximity to Immokalee Road but understood the concerns of the community and tried to work with them, and they were ready to provide the extra right-of-way, which we showed would impact the berm at that time. So we're ready to finish if the board's direction to try and work with folks, talk about options, but I'm very concerned with the statement that I hear, behind the scenes. And we have a presentation here. We can go through it. There was nothing that wasn't brought out, presented, very specifically throughout the process. As a matter of fact, when we came with what was our original design, which had a median, and with the design that required not only the 10- foot easement for the utility, but the additional 15 feet to provide the turn lane storage, we anticipated showing that actually impacting the berm to be the basis for them to tell us no, we don't want the left-turn lane; it is too impactive to our community. Instead, 7-0, the told us to proceed forward, which we included into our designs. COMMISSIONER COYLE: Okay. Now, what I'm Page 243 ,_____~_,,____._'__'~o>_._'"......__._....._ December 15,2009 understanding you say is that you've told those people all of this before, they perhaps didn't understand it, and so we're just not going to change anything? MR. FEDER: No. What I said is, we'd be happy to continue any discussion to a possible orientation. The one gentleman particularly that came up here I think is probably most impacted. And if he said, and I'll take him at his word, that he wasn't very involved with these discussions -- we worked with the association. Those that are right close here with that berm coming down -- as we said, we thought that would be impact to the point where maybe we didn't add the left-turn lane, but the community wanted it, and so we modified the design based on the action of the association. COMMISSIONER COYLE: Okay. Let's take them one at a time. MR. FEDER: Yes, sir. COMMISSIONER COYLE: You want the left-turn lane.? Yes or no? THE AUDIENCE: Yes. COMMISSIONER COYLE: And you know by asking for left -turn lane it results in taking of your berm, right? You understand that? THE AUDIENCE: We do now. We didn't then. That's our contention. CHAIRMAN FIALA: You have to be speaking into the microphone. COMMISSIONER COYLE: Well, all right. Let me -- MR. AHMAD: Can I interrupt for a second? COMMISSIONER COYLE: No, no, no, no, no, no. But let me ask the questions. Why can't you work with FP&L to underground the telephone or the power poles in that area? MR. AHMAD: Commissioner, I have a presentation for the whole -- I will answer your question directly. Page 244 December 15,2009 In the berm there exists -- we have to relocate a force main, a 10-inch force main as well as a ten-inch water main from under the roadway. The berm -- the purpose of the 10-foot slope and utility easement is to move the 10-inch force main into that easement we got. And by constructing that utility, essentially the berm is going to be impacted. COMMISSIONER COYLE: I'm not talking about the berm. I'm talking about the power poles. Why can't you put the power poles underground, or the power lines? MR. AHMAD: FP&L -- we will approach, if you direct us to with FP&L. They certainly have that option. It's a very costly option. We've tried it in the past, and they've said no, as Commissioner Fiala COMMISSIONER COYLE: Well, we're doing it now in Commissioner Halas' district, and they're underground. COMMISSIONER HALAS: They're paying for it. COMMISSIONER COYLE: Well, I know somebody's paying for it. But the point is that is it a possible solution and have you looked at IT? MR. FEDER: We haven't. MR. AHMAD: It certainly is a solution, but it's not a solution -- we'll have to look at the design ifthere are other options. COMMISSIONER COYLE: Okay. Suppose we say we're going to look at it. MR. AHMAD: Yes. COMMISSIONER COYLE: Okay. Now, the other thing is, you say you've got to take that berm. Is there an objection to having a sound wall there, landscaped sound wall? THE AUDIENCE: No. COMMISSIONER COYLE: Okay. Can we build a landscaped sound wall there? MR. FEDER: We can work with a wall, probably not a sound Page 245 "..._._,._.M,~,__.__k_'_'^' ..~.- ..__.....,-~> December 15, 2009 wall, because that has a specific demarcation and cost benefit that we've done throughout the county, but, yes, a privacy wall, which will be about six feet, and there is going to be some level of swale still there that will make that a little bit higher, is an option. Again, if the board's direction is for us to work with this community, try to see what options are available, and we'll look with FP&L and the utilities because they did -- pretty much to the end of the project you find all has moved to the north side. But I do want to make sure that this board understands that based on the desire for the left-turn lane, we went through, presented all this, staked all of it, videotaped it. It is not something that we surprised this community with. But we'll be happy to follow through at this time. COMMISSIONER COYLE: Believe me, I have been through this 100 times. No member of the public understands the impact of complex projects until they begin to see it. You can talk about it all you want to talk about it, and most people simply don't understand what it's going to look like until they start experiencing it. And if they're going to lose their berm, I think we ought to give them some kind of privacy wall here along with landscaping. And, yeah, I know there's some money involved with that sort of thing, but I think we need to consider those things. We can't destroy the quality of life of a community just to get a road wider. MR. FEDER: We understand that. COMMISSIONER COYLE: And I think it's within our power -- (Applause.) COMMISSIONER COYLE: I wish you were in my district. But no, really, we need to do something. We just can't say, we told you so and now it's too late. MR. FEDER: And Commissioner, what I will say, just so you understand, we share your interest, said that we'd work with them. First meeting we had, the dollar figure of 850,000 was based on us paying for the land that they donated as well as a lot of these other Page 246 December 15,2009 issues. We raised the issue of a privacy wall. What do you really want, what can we do to try to make you whole; and the indication was the whole realm of, you pay for all the land, you pay for all the vegetation removed, you pay for more to come back, and that's where we had some concern, sir. COMMISSIONER COYLE: Okay. So we had to pay for all of that -- MR. FEDER: We did not pay for it. It was a swap relative to providing the left-turn lane for them to provide an additional 15 feet. COMMISSIONER COYLE: Well, I think we ought to give them a privacy wall for being such nice people, okay. (Applause.) MR. FEDER: If that is the will of the board. COMMISSIONER COLETTA: Give them the option. Don't make these decisions for them. COMMISSIONER COYLE: Well, what works for them best, I think, is -- COMMISSIONER COLETTA: They got it. COMMISSIONER COYLE: But our budget is not unlimited, okay. I'm not suggesting we just throw money at the problem, because we've got money problems just like everybody else. But under these circumstances, if they donated that property to us, in all fairness, we need to do something for them really, and -- MR. FEDER: Yeah, they did except for the one section we're in eminent domain that went past this donation for the left-turn lane. They donated that part. COMMISSIONER COYLE: All right. Can we say we will work to our greatest ability to do something about those power lines, do something to replace or to mitigate the removal of the berm so that we can preserve the privacy of the community? MR. FEDER: We'll be happy to work cooperatively with the neighborhood to address options, see what we think works for them, Page 247 December 15, 2009 bring those back to you, and let the board address it from there with an idea of costs, and we'll work very hard with FP&L to see about the possibility of bearing and what the costs will be. COMMISSIONER COYLE: Okay. Then with that understanding, I will let the commissioner of the district make the motion to proceed. COMMISSIONER COLETTA: I have. I'm waiting for you to second. COMMISSIONER COYLE: Okay, I'll second. CHAIRMAN FIALA: Okay. We have plenty more discussion gomg on. Commissioner Halas? COMMISSIONER HALAS: Yes. Where were the power lines originally placed on this road? MR. AHMAD: They exist on the south side, sir. COMMISSIONER HALAS: They exist on the south side. MR. AHMAD: Correct. COMMISSIONER HALAS: Then why are they moving them to the north side? MR. AHMAD: They are moving to the north side because we are building a noise wall as part of the project on the south side for the Orangetree community, and it's -- THE AUDIENCE: What about us? You've got to be kidding me. COMMISSIONER COLETTA: Quiet. Don't do that, please. MR. AHMAD: And part of the hardening program, they are required to make them concrete poles, so it was easier for them to construct it on the north side than the south side. It wasn't our idea to move it. They have the right-of-way and they -- COMMISSIONER HALAS: Okay. What I saw out there when I drove out there is that the people on the south side were almost sitting on the road to start with, okay. Page 248 December 15, 2009 MR. AHMAD: Correct. COMMISSIONER HALAS: And so would they have had to move the power poles ifthere wasn't a left-hand lane? MR. AHMAD: Yes, they would. COMMISSIONER HALAS: They would still have to move the power poles? MR. AHMAD: They would have to move the power poles regardless. COMMISSIONER HALAS: Okay. What about the other underground stuff? Was that on the left -- was that on the north side or was it on the south side? MR. AHMAD: The other underground stuff is the Orangetree Utility's which, as I mentioned, is lO-inch force main and lO-inch water main. They're under the pavement. Actually one of them is under the existing pavement and one just outside the pavement today. But with the widening of the project, they will -- COMMISSIONER HALAS: On the north side or the south side? MR. AHMAD: Basically in the middle of the roadway today and on the north side. COMMISSIONER HALAS: Okay. And so how long -- how many times have you gone out to the community to address the concerns -- have you done what you basically do in other districts where you go out with 30 percent and 60 percent and 90 percent of the engineering done? MR. AHMAD: Yes, sir. As a matter of fact, when this issue came about, I appreciate -- I think I know most of these people here -- we went -- Dale Bathen (phonetic), who's also in attendance here, my engineer, the project manager and myself, we went to this community, and these are some of the plans we took with us. We had two concepts. A concept without a left-turn lane and a concept with a left-turn lane and what the impacts would be. The impacts would be additional 15 feet plus 10- foot slope and utility easements. Page 249 December 15,2009 And they were -- decided to have the left-turn lane despite our -- basically this is not at standard in design what we have. We shortened the left-turn lane, and this is not a standard design. And they were thrilled to have that ability for their service vehicles and for -- to have the second access, a left-turn lane on Oil Well. In addition to -- that's in December of'05. And shortly after they approved it, they asked me to stake it. And if! may, I can show you a couple stakes. At that meeting, the December, they said -- and I understand some people cannot understand these engineering drawings, they asked me if I could stake it for them. And we normally don't do that. And we offered, yes, we do. And at that date, I -- we staked it, we hired WilsonMiller and staked it. You see it on the screen. The 15 foot -- this is near Immokalee, and you see Immokalee Road was under construction in 2006. This is early 2006. That's a 15 foot you see for right-of-way that we need and the 10-foot slope easement. We've taken a bunch of pictures, and you can see where the stake to the left, it's impacting the community, and that's the purpose we staked it. We wanted to show what a 15-foot additional right-of-way would do to this. Here you see a stake on the right is -- that's the existing right-of-way, and the stake on the left is where the slope and utility ends. And we've done up and down the -- COMMISSIONER HALAS: Okay, a question I have -- I see where you're at with this. Is there another entrance into this community? MR. AHMAD: Yes, sir. There is -- their main entrance is actually on Immokalee Road, as they stated. It's just north of Oil Well Road. COMMISSIONER HALAS: Okay. Ifwe alleviated the left-turn lane and they used Immokalee Road, then would we impact this area that bad? Page 250 December 15,2009 MR. AHMAD: Right now at this stage in design, we've put utilities in those easements that we got. FP&L moved their poles in that easement. The engineers use the right-of-way for sidewalk, for -- the -- if you eliminate the left-turn lane, you still are going to need this IS-foot and the 10- foot easement. COMMISSIONER HALAS: Why? MR. AHMAD: It's -- if you see the plans, you're designing four lanes and a median, sidewalk, then you get into the berm, and then the utility. There needs to be a separation -- COMMISSIONER HALAS: I guess what I'm saying is, can't -- you put the utilities down, even though they're below ground, they're not bothering anybody, can't you move the sidewalk back so that you don't impact this berm this much and take the left-turn lane out? MR. AHMAD: I do have a section here, if I can find it, which shows the cross-sections, then you'll understand what I'm trying to tell you. COMMISSIONER HALAS: Okay. MR. AHMAD: In may. COMMISSIONER HALAS: Okay. MR. WHITT: While he's doing that, can I address Commissioner Halas? COMMISSIONER HALAS: I'm going to wait for him and then I'll recognized you, sir. MR. WHITT: Okay. MR. AHMAD: What you see, Commissioner, is the cross-section for the roadway. If you take the top one, for example. COMMISSIONER HALAS: Okay. MR. AHMAD: Thank you. Yeah, you see this -- this is the lO-inch force main, and this is the lO-inch water main. You see the sidewalk. It is as close as possible to the roadway. We weren't putting in buffers or anything. And you see their berm. This is the Page 251 ..v'''"",,_",,_____'_'''_''._' --.__"_,'.,,__._.,,,",__,..___.." .-..-.",..---~.~~-~, -.^~-..,-~..-~,~.-.-,._."--,~-.<,------,,~;>-"'--'", ."--" December 15, 2009 existing berm that they have. COMMISSIONER HALAS: Okay. That's what -- that's with the additionalleft-hand-turn lane, is that correct, right now? MR. AHMAD: Correct. COMMISSIONER HALAS: So if you take that left-hand-turn lane out, how much will that shorten the road up to the north? MR. AHMAD: We are so far in design -- it would shrink it somewhat, but you still need that -- you still need -- there is a 15- foot separation between water main and sewer to keep them separate, and that's really the purpose -- that's why we needed that additional 10- foot slope in utility easement. COMMISSIONER HALAS: I understand that. That's underground. That doesn't hurt anybody. I'm just saying, if you took the left-turn lane out and narrowed the road down, would you still have to take the berm? The road would be short then, narrower? MR. AHMAD: We are back to the original concept. Let me show you, in may, what the original concept would do. What you see is the original concept we had, and what you see in red is the median that we were building, and the triple lefts westbound, one, two, three lefts, and one right. Originally all we needed, and they probably, their recollection is correct, all we needed is a 10-foot slope in utility easements, and that's what's shown on this, and that didn't impact much their berm. But for them -- when they asked us for the left-turn lane, what it did is it shifted everything 15 feet to the north. COMMISSIONER HALAS: That's what-- MR. AHMAD: So your -- the answer to your question, yes, but it would require major redesign of utilities and send us back quite a bit in designing of this project and would, of course, remove the left-turn lane if that's their desire not to have it. COMMISSIONER HALAS: Well, it just seems to me that if there's another way to get into this -- we had another situation in part Page 252 December 15, 2009 of the county where they wanted a left-hand-turn lane in, and we couldn't provide that, but there was another entrance into the community . So I'm just looking at the overall cost. It seems to me that if we look at continuing on in the way we're going, that whether these people understood or didn't understand the impact with this left-hand-turn lane, that the end result is that I think this is going to cost us a huge amount of money; am I right or wrong? MR. FEDER: Commissioner, I'm not sure that it should, but at the same time, we're going to come back to you after working with the community, identify the options to try and address some of their concerns, and then that can be evaluated by this board. We need to move ahead on the contract, but at the same time, trying to redesign it now, like I said -- when we went out, we're a little bit surprised knowing that the berm and all that will be taken out. We showed that in the graphics, as you can see here, which is exactly the graphics brought out to the meetings, we then staked it. But we are where we are now. And the fact of the matter is, to try and go back, redesign, and modify, which eliminates the left turn that they want and to have some level of need for and not to then spend all that money to then try to go back on that orientation, delay the project, we'd be better off, as Commissioner Coyle pointed out, trying to find a way to help make this fit better with the community, and we're willing to do so. COMMISSIONER HALAS: Okay. But I just still want to make sure that this doesn't end up costing us way more than is practical. MR. FEDER: If we're four years down the road and had this discussion, we'd be in different shape, but we're now four years further out, and we want to be good neighbors as well. So rather than paying all the costs to take away the left turn that they wanted in the first place, we can try to look at what our options are. CHAIRMAN FIALA: Okay. Page 253 December 15, 2009 COMMISSIONER HALAS: Okay. CHAIRMAN FIALA: Okay? COMMISSIONER HALAS: Yes. Thank you very much. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Well, I don't want to be Scrooge but I also don't want to be Santa Claus. I know it's so close to Christmas. But I think we need to be fair to all our residents. I mean, I got a community in my district that was screaming for a wall, and study after study showed that it wasn't warranted. So I don't know, you know, what we're doing here. You have a 30, 60, 90 design meeting. Why do we have those design meetings? We got community input. They wanted a left-hand-turn lane. That was the result of those design meetings. So you got to have right-of-way for that for this left-hand-turn lane, you know. There's a lack of communication. Jay Ahmad wanted to show you the communication he's had. Commissioners didn't want to see it. I don't want to address this anymore. I want to see if we can try to resolve this now. You have a -- seven citizens that are impacted right against there. Sir, you need to be a registered lobbyist with the Clerk of Court to represent the community before the Board of Commissioners. The -- so what can we do for those seven residents? And I can see this coming back and we're arguing this over and over, and either we don't do the road or let's sell it now. That's where I'm coming from. MR. FEDER: From a practical sense, a privacy wall, we've already estimated about $110,000. We can talk to FP&L, although they've got in that hardened system and they've already moved it to the north, but we will explore that, see what the costs are. But I think that may be costs that would be difficult for us to work with, but I won't make that decision. Obviously the board will make that Page 254 December 15,2009 decision. COMMISSIONER HENNING: Why don't the motion maker -- I mean, what kind of privacy wall are we talking? How long will it cover? MR. FEDER: Basically much like the noise walls we have at about a six-foot level, and you can see that you've got a rise on most of that still, even though some of the berms are being cut down, all the vegetation's going and some of the berms are going. So there would be about a six-foot wall up on a rise. Now, the road's coming up some, so it's still on that rise, you get at least a six-foot plus privacy wall that they could build. I can't make it a noise wall. It's not under the system. I know the concerns across the street, but I do have more receptors closer together and closer to the roadway. They've met the qualifications. These five to seven homes would not meet it because of the spacing and the distance and cost. But they -- we could work with them on a privacy wall that they could then go in and permit and build, or they could use funding like that to go into heavier vegetation if that was their choice. Those would be the only two viable options realistically. A berm takes a lot of area space to build, and that would probably cut into their yards more than they'd want to to re-establish a berm. COMMISSIONER HENNING: What's the cost of the left-hand-turn lane? Have you ever estimated that? MR. FEDER: We have a cost of the left-turn lane that came into our project, yes. The last time we looked at that, that was almost 1 OO-and-something thousand. COMMISSIONER HENNING: So there is a benefit to the community for compensation of an easement? MR. FEDER: There is, and that was what the original deal was based on. COMMISSIONER HENNING: Bottom line is, you need to -- Page 255 -~.,----~~_._...._,.'-<. - _.. .....~~_..__.,--'^.--"..-,._. ."_..~-_.- December 15,2009 you need to be fair and equitable to all. And they -- these residents need to be compensated. It's a left-turn lane, and any moneys to abate any kind of a noise, that's what we need to do. But it's not fair to residents to provide a whole bunch of amenities to one community and we don't do it to the other. MR. FEDER: We understand, Commissioner. COMMISSIONER HENNING: You know, so -- I mean, that's the direction that we should be giving is to be -- treat these residents fair and equitable just like we do everybody else. And I see that we do have some room to do that. I'm done. CHAIRMAN FIALA: Okay, I agree with you. I'mjust going to take a little turn now. I know you're next. COMMISSIONER COLETTA: Sure. CHAIRMAN FIALA: But I just wanted to say, number one, what's the difference between a noise wall across the street and a privacy wall on this side? MR. FEDER: It's basically height. You're a little higher on a noise wall, but your Land Development Code -- and we had this discussion with the board on a prior issue on a noise wall. If it isn't warranted under the study process, which is decibels and then goes into the cost-benefit analysis, which is usually where the issue lies, I can't build it as part of my road project, even if they give me the easement to build it on, because I'm going out of the Land Development Code. But the Land Development Code only allows for six-foot privacy fences, so that's why I said that to you. I can't qualify it under a noise wall, but we could provide them, which is a very substantial wall, but six feet in height. CHAIRMAN FIALA: I see. They were pretty generous with -- it would have cost you $850 (sic) for that, right -- $850,000 you said for the right-of-way, and they gave it to you. MR. FEDER: That estimate was for right-of-way for the Page 256 December 15,2009 vegetation, for a number of other things that was presented. CHAIRMAN FIALA: Right. MR. FEDER: I don't have an estimate for the right-of-way, but I know it was only a portion of that 850-. CHAIRMAN FIALA: Okay. I just thought that was interesting. Underground -- Commissioner Coyle addressed burying the electric lines. And I think I just read someplace in some of our paperwork that some other community, because they already have an opening there or they're going to bury the lines -- not your community, another one. You were working with FP&L so you can bury the lines as long as they're -- you know, you were digging it up anyway, and I think that this would work. MR. FEDER: And I assume that we've already been directed to try and look at that option with FP&L. CHAIRMAN FIALA: Okay. And my third and last comment is, all of this is for a left-turn in, a left-turn out. MR. FEDER: A left-turn in only. CHAIRMAN FIALA: Left-turn in only. What assurance do these people have that in a couple years we won't take that left turn out of there, out of the middle of the road? MR. FEDER: Technically, the original agreement provided that, should it become an operational problem, as is the case in most any median opening, because medians are not a property right, that that could be closed. Obviously that's going to be of grave concern, so you may want to address that further. CHAIRMAN FIALA: Are you going to be writing that into the contract that they won't lose that after going through all of this procedure? MR. FEDER: And what happens if you have major accidents, major problems? I think it's still suited to make that statement. I try not to use always or never. But I understand that -- I just tried to put on the record, it would be very difficult to want to come back and Page 257 December 15,2009 raise that issue after the concession was the provision of the right-of-way to allow them to have that left-turn in. Now, again, that left turn is close to the intersection, we had to shorten up the storage. It's not a left turn that we necessarily wanted or actually anticipated, given the impacts, was going to result, but it's one the community said they wanted, and we've been trying to follow through. So understand, I know we're the ones that's not working with the community. Strange part about it is, we're here because we tried to. CHAIRMAN FIALA: I think they need some kind of assurance, because we've seen many left-turn lanes then eliminated over the last few. And if we're going through all of this, we don't want to lose that. MR. FEDER: Your assurance is basically written in there, if we can come to the board and show that we have an operational and safety problem that overrides other concerns to close this median off. We'll make sure that that wording is clearly that way, that it has to come to the board. But I would caution you to prohibit it from being an issue; although, understand, I hope not to be standing up here before you trying to change it. CHAIRMAN FIALA: Okay. Commissioner Coletta? COMMISSIONER COLETT A: Yeah. I think we have it pretty well nailed down in the fact that I don't want to impose anyone particular criteria on these people at this point in time. The reason being, we want to get the road going forward, then we want to be able to have them sit down and be able to work out at a reasonably leisure __ and mind you, it's not going to be a comfortable thing when the berm starts to come down and trees are removed. The place is going to look real bad for a short while, a time until everything gets built back. I know. I've been through this before. Every road we have ever put in, we've always had an outpouring of grief when the thing was in the construction stage. When it got finally done -- lmmokalee Road was a good example. Many of you Page 258 December 15,2009 probably called me many times wanting to know when it was going to be done or why the sidewalk was where it was or any number of factors, but it turned out to be wonderful in the end. You're in charge of your own destiny, but I want to warn you of something -- and forgive me. I'm probably out of place, but I'm going to tell you anyways. If you go to a surgeon and you say, I got an ache, he's going to operate. The same thing with a litigation lawyer. Use common sense before you engage the attorney to the point of no return. Just use common sense. You have a commission here that's more willing to work with you than I thought they would be. I thought this was going to be more of an uphill fight than we have ever experienced before, and I didn't even know if we were going to get to this point. I really didn't. As it looks now, you're going to have that opportunity to be able to be in charge of your own destiny, to work with transportation. I'll be staying very close to the situation to be able to follow what's taking place to see what can be done. You're going to check everything from wires under the road, or wires -- the electric wires being put into the median there with the pipes, you're going to check on the difference between a privacy wall to a retaining wall. You're going to be able to see all sorts of options, and there may be a number of different options you want to bring forward. You're going to be able to look into the variety of different plantings you can do, something you can never handle here. And with that, I kind of hope that we can call the question and move on. CHAIRMAN FIALA: Okay. And can you remember what your -- what your motion was? COMMISSIONER COLETTA: I certainly can. My motion was, one, to approve the road construction as staff recommended and, two, to set aside $750,000 and direct staff to go forward to the community to see what their needs are and try to negotiate something to bring Page 259 December 15, 2009 back to this commission for the decision to be made here if it's something that falls within the parameters of what we can do. CHAIRMAN FIALA: Okay. COMMISSIONER COYLE: That was not my second. CHAIRMAN FIALA: What was your second? COMMISSIONER COLETTA: What was your second? COMMISSIONER COYLE: My second was everything except setting aside 700-and-something-thousand dollars. Okay. CHAIRMAN FIALA: So then you withdraw your second, or do you want to -- COMMISSIONER COYLE: If that's what the motion's going to be, I'm going to withdraw. COMMISSIONER COLETTA: That's what the motion was in the beginning. What would you suggest for an alternate? COMMISSIONER COYLE: I would suggest you do exactly the same thing and just say that we will work with them to try to solve their problems with privacy fences, with anything else we can do to make them happy, just don't commit ourselves to a price, because if we can get it done for $500,000, let's get it done for $500,000. COMMISSIONER COLETTA: But in that case -- COMMISSIONER HALAS: Ifwe can get it done for 200,000-- COMMISSIONER COLETTA: -- it could exceed 750-. COMMISSIONER COYLE: Maybe if we've got 750-. COMMISSIONER COLETTA: Okay. Then I withdraw -- well, you've got eight-and-a-halfmillion. I withdraw that part of the motion, and I just make the motion that we direct staff to go out there. We've seen what the sentiment of this commission is and the concerns. And when this comes back us to, I'm hoping that we have a working agreement. COMMISSIONER COYLE: You've got a second then. CHAIRMAN FIALA: Okay. So a motion and a second. Now-- COMMISSIONER COLETTA: Merry Christmas. Page 260 December 15, 2009 CHAIRMAN FIALA: -- I've got -- now I've got two more commissioners on deck. Commissioner Halas? COMMISSIONER HALAS: Let me make this clear. Are we still leaving the 750,000 in the pot? COMMISSIONER COYLE: No. COMMISSIONER HALAS: Okay, good. Because it may only cost us $100,000 or $150,000 for a wall, not a sound wall, but a modesty wall or whatever to accommodate this. My concern is that we've provided the community with a left-in, and now it looks like we have to provide even more even though they decided to give us that to accommodate their left-in. So I'll go along with it so long as we don't exceed -- we're not going to go no -- we're not going to go to $700,000. So whatever it takes to address this particular issue. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Is it the intent of the motion maker and the second to fairly compensate the residents for the easement of land; is that what it is, or is it -- or is it to make them happy? COMMISSIONER COLETTA: To make them whole. You can interpret it several different ways, but I think all of the above. COMMISSIONER HENNING: That's not really clear to me. I think, again, we need to be fair to everybody. If it's to fairly compensate the residents for the use of the land, which is an easement, I'm all in favor of it. If it's to make them happy, I don't know what that's going to take. I mean, you give that kind of direction, you're going to have anything that comes back. COMMISSIONER COLETTA: May I respond? MR. FEDER: Madam chairman? COMMISSIONER COLETTA: First I need to respond, Mr. Feder. Thank you. Page 261 December 15,2009 We don't know what that's going to be. It's going to come back to you for direction, final direction on it. This is going to be worked out between staff and the residents, and then we're going to hear back. And if it's not workable, it's not workable. Thank you, Mr. Feder. MR. FEDER: To try and move forward and what we understand to be the desire of the board, and staff shares that, we also still have the condemnation proceeding on the other parcel that's further to the east than what was the right-of-way donated relative to the left-turn lane discussions. I'm going to recommend that maybe you direct us to go to mediation on that issue, and on what we can do relative to try and address the five to seven homes that are impacted in the community, and come back to you with the results of that mediation. COMMISSIONER HALAS: Yes. COMMISSIONER HENNING: I'll go along with that. COMMISSIONER HALAS: I'll go along with that. COMMISSIONER COLETTA: Is that in addition to the motion that I have? COMMISSIONER HENNING: No. COMMISSIONER COLETTA: Mr. Feder, you're saying my motion is not valid? You're suggesting a substitute motion? MR. FEDER: I would never presume to do so. COMMISSIONER COLETTA: Well, no, it sounds like it. The words -- MR. FEDER: I'm only offering up an item for consideration. COMMISSIONER COLETTA: No. I'll tell you what's wrong with it. MR. FEDER: Okay. COMMISSIONER COLETTA: Is the fact that it's not just four or five properties owners; it's a whole community, and it's the whole community we're going to interact with. Page 262 December 15,2009 MR. FEDER: For the community then. But what I'm recommending is, if you see what you have in your graphic here, that yellow that the arrow is pointing to is the portion that's under condemnation further to the east. COMMISSIONER COLETTA: No, I understand that, and I have no problems with you going to mediation on that. MR. FEDER: And that's what I'm saying. And as part of -- before we come back to you, go to mediation on that and on what we can do to address the needs of the community relative to the overall project and its impacts on the community. CHAIRMAN FIALA: I know we're only talking about this, but how many other homes, as you continue the road down, how many other homes will also be impacted in this same community? We haven't even addressed that at all. MR. FEDER: Not in the community. There's other communities along the way, and they've been addressed, as we can, through the process and we thought we'd addressed here, but we'll come back and do what we can. CHAIRMAN FIALA: Because that could be -- that could be very interesting, too. Okay. I have a motion on the floor and a second. COMMISSIONER HALAS: Does that include the mediation portion? COMMISSIONER COLETTA: That includes the mediation portion. How about you, second? COMMISSIONER COYLE: Yeah, it's okay. That'sjust guidance to proceed with mediation, right? COMMISSIONER COLETTA: That's correct. COMMISSIONER COYLE: We'll have to approve it ifit-- COMMISSIONER COLETTA: We have to approve everything. COMMISSIONER COYLE: Yep. MR. FEDER: Yes. Page 263 December] 5, 2009 CHAIRMAN FIALA: Okay. All those in favor, signify by saymg aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) COMMISSIONER HENNING: We just wanted to do that so you couldn't make your -- CHAIRMAN FIALA: 5-0. And we're going to take a short break, just a very short break. Commissioner Coletta's going to have to leave us. He's guest speaker at six o'clock. He's going to have to hurry . COMMISSIONER HALAS: He's late. Time machine. (A brief recess was had.) CHAIRMAN FIALA: We'll bring this meeting back in session. Item #10E AWARD CONTRACT NO.1 0-5366 TO STEVENS AND LAYTON INe., FOR THE GA TEW A Y TRIANGLE AREA DRAINAGE IMPROVEMENTS PROJECT PHASE 2, PROJECT #51803 IN THE TOTAL AMOUNT OF $2,694,473.35 PLUS A TEN (10%) CONTINGENCY TOTALING $2,963,920.69, AND NECESSARY BUDGET AMENDMENT OF $350,000 - APPROVED MR. OCHS: Commissioner, that takes you to 10E, which is an award of contract number 10-5366 to Stevens and Layton, Inc., for the Gateway Triangle area drainage improvement project, phase II, project number 51803 in the total amount of $2,694,473.35 plus a 10 Page 264 December 15,2009 percent contingency totaling $2,963,920.69, and approve necessary budget amendment of $350,000. COMMISSIONER HALAS: Motion to approve. COMMISSIONER COYLE: Second. MS. FILSON: I have a speaker, ma'am. CHAIRMAN FIALA: Okay. COMMISSIONER COYLE: Who? He waives. CHAIRMAN FIALA: And the speaker waives. MS. FILSON: Did you waive, David? MR. JACKSON: (Waves hand.) MS. FILSON: Okay, speaker waives. COMMISSIONER HALAS: Hi, David. CHAIRMAN FIALA: Wonderful presentation. Commissioner Henning? COMMISSIONER HENNING: I thought it was our policy on tertiary systems to make sure that we have a component ofMSTU or something of that nature. What happened to our policy? MR. COX: Did you say tertiary systems? COMMISSIONER HENNING: Sure. MR. COX: This is a secondary, purely. COMMISSIONER HENNING: It's all secondary? MR. COX: Yes, sir. COMMISSIONER HENNING: And it's going to cost 1.9 -- or 2.7 -- MR. FEDER: 2.9. MR. COX: Yes, sir. There's a pump station. COMMISSIONER HENNING: -- million dollars for digging a hole in the ground? MR. COX: Well, it's a lot more than a hole in the ground. It's a pump station, the piping, to bring the water to the ponds, additional ponds. COMMISSIONER HENNING: Where's that going to be located Page 265 ,.,_._-,----~'~~-'-_._..- December 15, 2009 at? MR. COX: Pardon? COMMISSIONER HENNING: Can you show me where that's going to be located at? MR. COX: Sure can. If you'll look at the color graphics on this, the blue shows the pond. The black line shows the old pond, which is the segment to the west. The new pond section we'll be doing is the one to the east, obviously. The green square is the pump station location, and the red lines show where the discharge will be pumped to its two outfalls. COMMISSIONER HENNING: Is that Bayshore Drive? MR. COX: It runs down -- the east/west section is Linwood. It runs over to Commercial, I believe that's Drive, and then goes north and south. It splits. COMMISSIONER HENNING: How close is it to the existing ponds on Linwood? I mean, it looks like it's right -- is that Linwood to the right of the screen? MR. COX: The more -- the pond adds to the existing bond. COMMISSIONER HENNING: Okay. So you're-- MR. COX: We're just digging the existing bigger. COMMISSIONER HENNING: All right. So is that -- is that including acquisition of the properties? MR. COX: It's already been acquired. CHAIRMAN FIALA: Shane, would you state your name for the record, please? MR. COX: I'm sorry. For the record, Shane Cox, Senior Project Manager, Stormwater Management Section. COMMISSIONER HENNING: Okay. I didn't -- had no idea where it was. MR. COX: All in the same vicinity where we did the one two summers ago. The original pond. COMMISSIONER HENNING: What? Page 266 December 15,2009 CHAIRMAN FIALA: You're finished? COMMISSIONER HENNING: Yeah. I'm not talking anymore. CHAIRMAN FIALA: Friendly, friendly. COMMISSIONER HENNING: You should have said that a long time ago when we had our advisory boards up here. CHAIRMAN FIALA: You must have eaten nails for breakfast. COMMISSIONER HENNING: No, I didn't eat any nails. I'm fine. CHAIRMAN FIALA: No? We have a motion on the floor and a second. No further questions, all in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Thank you. MR. COX: Thank you, Commissioners. Item #10G DISASTER RECOVERY INITIATIVE AWARDS IN EXCESS OF FIFTY-THOUSAND DOLLARS AND THE PURCHASING DIRECTOR TO ISSUE PURCHASE ORDERS IN EXCESS OF FIFTY-THOUSAND DOLLARS, FOR SITE PREPARATION ACTIVITIES REQUIRED TO REPLACE HOMES SEVERELY DAMAGED BY HURRICANE WILMA. THESE ACTIVITIES WILL BENEFIT THREE (3) INCOME-QUALIFIED HOUSEHOLDS IN COLLIER COUNTY. (FISCAL IMPACT $178,142.75) - CONDITIONAL APPROVAL AND STAFF TO REMIT COST REPORT - APPROVED Page 267 December 15, 2009 MR. OCHS: Commissioners, that takes you to Item lOG, which was formerly 16D6. That is a recommendation to authorize disaster recovery initiative awards in excess of $50,000 and authorize the purchasing director to issue purchase orders in excess of $50,000 for site preparation activities required to replace homes severely damaged by Hurricane Wilma. These activities will benefit three income -- excuse me -- income-qualified households in Collier County. This item was moved to the regular agenda at Commissioner Henning's request. And Mr. Frank Ramsey will present. MR. RAMSEY: Thank you, sir. Good evening ing, Commissioners. I welcome this opportunity to share with you one of our more successful programs, especially in light of the conversation this morning with the gentleman on public petition doing similar activities. I'll keep this brief given the time frame. This is just a brieftimeline to show you that on -- in April of 2008, the board executed agreements with the DCA to accept the grant funding and outline the eligible activities. Later that month an administrative plan was approved which, in part, provided up to 175 per site for home replacements. And then in June of 2009, the board recently approved a contract with Idyll Construction to purchase modular homes. The purpose of the replacement is to replace homes severely damaged by Hurricane Wilma when rehabilitation is not feasible or possible. And you basically defer to FEMA on their rule of amount of damage versus what would cost to repair. We're providing safe hurricane-resistant modular homes for income-qualified persons, we expend the grant funds for eligible activities and improve the safety and appearance of homes throughout the county. The process is to contract with the vendor to purchase the hurricane resistant -- hurricane-resistant modular home, contract with Page 268 December 15, 2009 a vendor to site prep the location. In this case we are seeking your approval to be consistent with the purchasing policy because the contracts for this award exceed $50,000. The modular homes are delivered and set, and we prepare them for the homeowners. I won't go through this in detail. This is just some of the general activities that are involved in this process, such as site preparation, demolition, installation of various concrete structures, bringing in an actual crane to lift the unit off and place it, landscaping, flooring, heating and cooling. This is the average cost for the replacements. For the complete project, the average cost is roughly 156,000. And what I've done is then broken it down by replacement activity there so you can see how that -- we arrived at that total. I would also say that these are exceptions in the program. Overall the program so far, the average cost to hurricane harden and assist the clients has been about $19,000. So these are our severe, most needy clients. These are some examples of the homes that are on your agenda for approval to replace that have been deemed to be beyond repair. And this is the example of the new unit that we will be putting in. As you can see in one, in particular, we have a woman who is handicapped, so you can see in the picture. Along the line -- along the side they'll be able to put in a handicap ramp and make the home completely handicap accessible. Her current unit, she cannot even use the whole unit because she can't get through to it. Now, that's all I have, Commissioners, and I'd be happy to answer any questions for you. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Well, I'll go after Commissioner Henning. He was the one who pulled it. COMMISSIONER HENNING: Right. The -- the item -- the item -- this doesn't include the cost of the modular homes? Page 269 _._"~._..~.~u_=__=.~,"'__.__..____.__ .~,_._".__ _ ..____....".~._.. ..._..__,~...__^__,...,..._.,.,."'<M_'_' . December 15, 2009 MR. RAMSEY: Correct. COMMISSIONER HENNING: And the modular homes are going to be $50,000 each? MR. RAMSEY: On this slide here you can see the breakdown where the modular price on average came out to about $89,000. COMMISSIONER HENNING: Okay. And it's going to be approximately 155- per unit to replace it. And these are to replace homes that are damaged by Hurricane Wilma? MR. RAMSEY: Correct. COMMISSIONER HENNING: Wouldn't it be cheaper to -- it would have been cheaper to give that money to Habitat for Humanity. But here's what I got, and correct me if I'm wrong. This money includes landscaping? MR. RAMSEY: Correct. COMMISSIONER HENNING: Isn't there landscaping already on the site? And what does that have to do with the grant? MR. RAMSEY: The -- my understanding is that in order to prepare for the set, the whole site needs to be leveled and cleared and graded. And, Commissioner, we're not talking about any kind of excessive landscaping. This would simply be to try to bring the person back to where they were before we replaced their home. COMMISSIONER HENNING: Okay. I have one here for touch-up painting. MR. RAMSEY: Correct. The homes are modular so they come In pieces. COMMISSIONER HENNING: Right. MR. RAMSEY: So once they are joined together on the site, there is just some minor painting to where the two pieces have met. COMMISSIONER HENNING: Why isn't that a part of the contract for the mobile home, the contractor bringing it in and setting it up? I mean, you have a lot of costs in here, what I see are part of the setup, such as complete utility connections, painting, touchup. You Page 270 December 15, 2009 have concrete footings in here, concrete stem -- block stem wall. You know, I mean, I don't know whether this has to do with hardening or replacing a home, for hurricane damaged home. MR. RAMSEY: That's an excellent point, and perhaps I wasn't clear. The item on your agenda today for approval would fund all of those sorts of activities. The contractor purchased the home, is literally just bringing an -- a finished unit in pieces and placing it down. It doesn't include any of the site prep, any of the set work. So it's almost like buying a vehicle and then having to bring it home and not having -- having to build the damage and get ready to store your car. COMMISSIONER HENNING: Well, when you buy your vehicle, you're buying it with air-conditioning, tires, a battery and so on and so forth, ready to go. Now, all you have to do is put gas in it, have insurance. I mean, these costs seems like there's -- there should be costs already associated with the purchase of the home. I've never seen a -- well, it's just surprising. And installing central heating and air-conditioning, cooling system. I think these items are just out of the realm of what the grant was for. MR. RAMSEY: The grant -- and I should say that I understand any concern that, perhaps, this funds could have been made available elsewhere and had a larger impact, but the reason for this activity is these particular -- one of the challenges in administering the grants for me is to maximize the power of the grants. And with this particular grant, acquiring an existing unit, for example, or -- is not an eligible activity . So because we were able to document that these clients were impacted negatively by a hurricane, that allowed them to be eligible to receive these grant funds, and the home replacement activity is an eligible activity. Page 27] December 15,2009 COMMISSIONER HENNING: Okay. Recommendations to authorize disaster recovery initiative award. The disaster was a hurricane. I just don't see where some of these things are related to a hurricane, and I don't see -- some of these things should be included in the purchase of the home, so -- not something this sits well with me. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I have some of the same concerns. This is a lot of money for site preparation. You know, you can prepare a site for a lot the size of the ones you just showed me for a lot less than the amount of money we're approving here, and that's what's bothering me a little bit. These are not major sites to prepare. There's no excavation work to speak of. There might be some fill work and some leveling and even some demolition, but I just had a -- I didn't have it. There was a house in my neighborhood, maybe a 4,500-square-foot home that was completely demolished and hauled away inside a week. The concrete pad was dug up and the place was leveled, and there are surveyors out there today. So I don't understand how you spend that money -- and heavy equipment and an operator will cost you maybe 4- or $500 an hour. It just is incredible to me that we'll spend that much money on site preparation. And I would feel a lot more comfortable if I had somebody's bid so I could see that bid and ask them to justify that cost, because, quite frankly, what you really want to do is replace a house, right? You want to give somebody a place to live? MR. RAMSEY: Correct. COMMISSIONER COYLE: Well, where are they getting the money to buy this modular unit? Where does the money come from? MR. RAMSEY: It's from the same grant. COMMISSIONER COYLE: Okay. But it's more money though, right? MR.OCHS: Yes, sir. Page 272 December 15, 2009 MR. RAMSEY: Correct. COMMISSIONER COYLE: So you're going to spend $40,000 or more for the modular unit, I would presume, right? MR. RAMSEY: The unit is roughly 88-. COMMISSIONER COYLE: $88,000. And we're spending in one case 71,000 for site preparation. That's $150,000. You could go down in downtown Naples and buy a house for $ I 50,000 in some of the communities in Lake Forest. I don't get it. I really don't. It's a lot of money. MR. RAMSEY: And I understand, Commissioner. It's an excellent point. Unfortunately, with this grant, we could not -- It's not eligible to offer these homeowners the ability to relocate and go purchase a new unit somewhere else. The only option to assist them, because their homes have been completely destroyed as a result of hurricane damage, is to demo the existing dwelling unit and replace it on site. That's a challenge we have with the grant. COMMISSIONER COYLE: Still, these -- how did you -- how did you verify these prices? MR. RAMSEY: It was through a -- we procured bids, and we received three bids through the process, and we awarded it to the Idyll Construction, Incorporated. COMMISSIONER COYLE: And you looked at the itemized listings of charges? That's incredible, absolutely incredible. But anyway -- okay. MR. RAMSEY: If you would like, Tammy Hammer is a rehabilitation specialist on my staff and also a general contractor. So perhaps she could speak more to the specific activities under contract. COMMISSIONER HALAS: Please. MS. HAMMER: Commissioners-- COMMISSIONER HENNING: Before we do that. I would just like an itemized bill, and I would like the addresses. I can't believe you need a crane to where you could put a set of wheels under that. Page 273 ^.........."..._....,...~.._..._"._----""'-----,_._---,--._.~.~--..,...- December 15,2009 You can't do it with the home down your street. These are -- these are homes that you could put wheels under them and move. MS. HAMMER: No. These are modular homes, sir, and they will come in on a flatbed in three pieces. They'll be lifted with a crane and they'll be lifted up over the top of lines or trees or whatever is in the way, and they'll be placed onto the footers that have been set by the set crew or by the modular set. It will be a concrete foundation with concrete footers that will be on there. They will then be strapped down so they will be secure for storms. Those houses will no longer -- it won't be like a mobile home. They'll no longer move. They'll be stationary on that property. Some of these houses, also the price for the set includes fill because we have to bring all these houses up to code, and they have to be raised to -- for the -- the height for the water and for the flooding. And the power and all has to be connected from the new unit to what was originally there. I have gone through and estimated how much these houses would run us in the set crew, and these prices came in very close to what we had estimated. Like Buddy said, we received three bids for each house, and this is -- this is what we have. I mean, this was what we felt was going to be the best thing for these homeowners. Like Buddy said, we couldn't move them to some other location. These are their homes. They own this property, and this is what we were doing there. COMMISSIONER COYLE: Well, I agree with Commissioner Henning. It would have been better to spend the money, if we could, with Habitat for Humanity. They could provide a brand new home or a refurbished home at far less cost than this, and you get more people in homes than we do this way. It's just a shame that the government, federal government, sets up programs like this and throws money away, in my opinion, when we could use this amount of money and service probably twice as many people. But nevertheless -- Page 274 ,......_.._~--~~.,-'-----,-,.~-~".."_._,...~."~---- December 15,2009 COMMISSIONER HENNING: Is there any way that we can delay this to get more of a breakdown cost? MR. RAMSEY: I believe on these particular ones, time is of the essence based on, one of the gentlemen, if not, I believe two, are code enforcement referrals. And so they're accruing fines. COMMISSIONER HENNING: Well, wait a minute, wait a minute. That's something that we can deal with. That's not a good excuse. Give me a good excuse of why we can't delay this. MR. RAMSEY: I'm sorry. I'm told they're already in production, the units, as well. COMMISSIONER HENNING: Great, yeah. I mean, I just -- I think that by providing us more information maybe -- to me some of the cost seems to be exorbitant, and maybe the contractor can take a better look at these costs, and maybe there is a mistake or something. Well, then Tammy, you know what? It just doesn't set well for me, so prove it, you know. That's all I need is proof that these are actually costs. $ I 0,000 for permitting doesn't seem right. So I make a motion that we continue for more information. MR. RAMSEY: I would note, Commissioner, that prior to any of these payments being issued to the contractor, the clerk's office does a very thorough review. COMMISSIONER HENNING: No. As long as the Board of County Commissioners approve these items, the clerk must pay for them. MR. RAMSEY: Understood. COMMISSIONER HENNING: All I'm asking is that we can delay this a little bit so we can take a look at these costs. They just don't seem reasonable. CHAIRMAN FIALA: What happens to the handicapped person who can't get in the other part of her house while we delay it? MR. RAMSEY: Show can only occupy, I believe, a portion of the home because the other portion is inaccessible at this time to her. Page 275 December 15, 2009 One of the person's home has been demolished already by code enforcement, and so he is currently without a home. And the -- those are the two specific examples that I know off the top of my head with these three. I forget the third. So it's a challenge. This is -- the disaster funds are challenging because everything is, time is of the essence, and we're trying to -- although I know it's ironic to say when we're talking about replacement from Hurricane Wilma. But it's a challenging grant to administer. CHAIRMAN FIALA: My big concern is -- and, you know, these gentlemen make a good point. My big concern is, today's the 15th of December. Our next meeting isn't until the 12th of January, so that's another month away. And is there -- you know, what are these people going to do without -- you know, without moving forward? MR. RAMSEY: I mean, if! may suggest, you know, we could certainly provide the board, if it would be the board's desire to move forward with this project today, I could certainly forward a copy of the bid spec with all the quite -- excuse me -- with all the quotes and all the prices on a breakdown, and if there was anything that seemed unreasonable with the set, that we could certainly try to work with the contractor. But again, I'd be happy to provide any information, whatever the board's direction is today. CHAIRMAN FIALA: Does permitting really cost $10,000 when MR. SCHMITT: No. CHAIRMAN FIALA: No, right? Are these only estimates? And is this going to come in a lot lower than this? Can you bring this back to us with what it actually costs, rather than $1 55,000? Could you bring it back to, you know -- and tell us it only costs 71- or whatever it was? MR. RAMSEY: The only cost on here that I believe is going to be an estimate is the permits. The price for the modular actual unit has Page 276 December 15,2009 been procured, is under contract through purchasing, and the modular set, again, as we've been discussing, has been procured. CHAIRMAN FIALA: Oh, I see. MR. RAMSEY: So those costs are fairly accurate. And these are averages, of course. CHAIRMAN FIALA: Okay. Commissioner Henning. COMMISSIONER HENNING: Yeah. CHAIRMAN FIALA: I know Commissioner Halas, but let Commissioner Henning finish. COMMISSIONER HENNING: I don't want to stop this project. I just want to verify -- and I believe by more information that we're going to get a more accurate price. MR.OCHS: We'll bring the item back if that's the pleasure of the majority of the board. We'll just continue it to the January meeting. COMMISSIONER HALAS: Well, the problem -- the problem I have or see here is that we have a handicapped woman who is living in a dilapidated at the present time, and we have another issue where they're already moved forward to move -- remove the building, and so now the gentleman doesn't have a place to stay unless some body's paying for his temporary housing. But the question I have is, Joe, is there impact fees on this, and is there -- what kind of -- what's the permitting cost on this? I assume that you have to look at all the utilities and everything else because you're basically starting over with a stem wall, you have to have the utilities, you have to have the inspections and you've got to bring in water and everything else; am I right on this or am lout of -- MR. SCHMITT: For the record, again, Joe Schmitt. The $10,000 has to include impact fees. A permit like this is probably no more than $800 for this type of replacement for a modular. So -- and that permit includes all of the inspections. It's a residential property. And I've just -- we were just chatting. This has to include the Page 277 December 15, 2009 bump up in impacts fees ifthere's an increase in square footage between what was existing and what is going to be placed on property. But I don't know that. I was just trying to confirm that with Buddy. COMMISSIONER HALAS: Can you enlighten us that, do they -- since these homes are, I would take it, the square footage is larger than what was there originally -- because some of the pictures you showed us was a single-wide mobile home, okay. And so what you're showing us now, the -- are -- is basically a double wide or where this is built in a factory in parts and they're brought here and assembled. So the impact fees have to be paid on the increase in floor space; is that correct? MR. RAMSEY: Correct. COMMISSIONER HALAS: Okay. And so that's where you're coming up with the $1 O,OOO? MR. RAMSEY: It's an estimate, yes, to include all of the associated costs. I should have labeled it permits and impact fees. I apologize. COMMISSIONER HALAS: Okay. So the -- so then when we look at -- that's part of the site plan? MR. RAMSEY: It's part of the site preparation activities. We just included the total costs -- I mean, excuse me. In part of the replacement projects, we included the total costs just to give the board an idea. COMMISSIONER HALAS: Okay. Can -- I'm going to make a motion to approve this with the -- but I think all of us need a detailed report in regards to exactly what the expenditures are. And then I think we can also address these concerns and hopefully maybe work with the people if -- who are going to assemble these to see if there's some way that we can address some cost-cutting moves, okay. I'm concerned about being close to Christmas and you've got a woman in a dilapidated house, and then you've got another gentleman that basically doesn't have anyplace to stay. Hopefully we can get this Page 278 December 15, 2009 thing moving. So that's my motion. CHAIRMAN FIALA: I'll second it. Okay. Now, I have Commissioner Coyle and Henning. I don't know which one of you is first. COMMISSIONER HENNING: County Attorney wanted to -- CHAIRMAN FIALA: Oh, I'm sorry. I didn't even see him. MR. KLA TZKOW: Just one approach you could take if you wanted is you could conditionally approve it. They would get you the facts and figures to review, and if any commissioner was unhappy with it, then ask the county manager to put it on the next agenda. In essence, conditionally approve it based on your review. If you're not happy, you pull it again and it comes backs to you. If you're happy with the report, it goes through. Just an approach. COMMISSIONER HALAS: That's kind of how my motion was made, that, you know, bring it back, we see what we can do, and then we'll try to see if we can negotiate any different costs if we feel that it's still out of line after we get an itemized issue or itemized list in regards to what's -- what the -- to spend all this money so that we have a clear understanding of the 88- -- or the $71,000 for site development, okay. CHAIRMAN FIALA: But move forward with this? COMMISSIONER HALAS: But move forward with it, yes. CHAIRMAN FIALA: All right. Okay. I understand. Marla, did you have something to say? I have two commissioners wanting to ask some questions yet. MS. RAMSEY: I just want to put something else on the record. Marla Ramsey, Public Systems Administrator. I think the reason that this is coming to you is it's over the $50,000 mark as we did the division out of the various homes. So that's one of the reasons it's coming at this point in time. The modular homes have already been ordered. They're already in production. They're due to be delivered on the 7th of January. Our Page 279 December 15,2009 concern is is that if you don't -- if we're not going to approve this, what am I going to do with the modular homes when they come here to Collier County? I'm going to have to store them somewhere, I'm going to have to then remobilize them to put them on the sites, et cetera. So I've got a little timing issue that I just needed to put on the record for you so you would understand where we're at with that. So just FYI. CHAIRMAN FIALA: Now, I don't know who's first, Henning or Coyle. COMMISSIONER HENNING: Yeah, I don't care. CHAIRMAN FIALA: Go ahead, start. You want to wrap it up, Commissioner Coyle, also. COMMISSIONER COYLE: Whatever. COMMISSIONER HENNING: He said his light's off, so I guess I'll go. Yeah. Again, I don't want to stop the process. All I want to do is to make sure -- this is taxpayers' money. I don't care -- not property taxpayers' money, taxpayers' money, and we're responsible for it. If it's the costs are just, I have no problem with it, but they seem to be unreasonable, so I want more information. So if the motion maker is to conditionally approve it based upon a just cost by staff providing us more detailed information, I will second the motion. CHAIRMAN FIALA: I already seconded it. COMMISSIONER HENNING: You already seconded it. COMMISSIONER HALAS: She already seconded, but this was in my motion basically. COMMISSIONER HENNING: Okay. COMMISSIONER HALAS: Yes, it was. COMMISSIONER HENNING: Basically. COMMISSIONER HALAS: Yep, to bring it back -- bring back -- let us know exactly what it costs. We'll approve this with the idea Page 280 December 15, 2009 they're going to tell us exactly what the problem -- concerns are. At the next meeting we can look at these and see if there's any areas that we need to justify or to see if we can work with the contractor who has already got the lowest bid and see if we can work even closer to bringing it down in cost. COMMISSIONER HENNING: Okay. If you would include in your motion that once staff provides us the information, if any commissioners has concerns, talk to the county manager and put it on the next agenda. Is that part of your motion? COMMISSIONER HALAS: That's what I said. I'll bring it back the next -- COMMISSIONER HENNING: Well, I don't want to bring it back unless there is any concerns. COMMISSIONER HALAS: No, no, but we're going to have that information, and then at that point in time, we can -- we or any one of the commissioners can make that decision that we need to discuss this and see if we can get the price even lower. MR. OCHS: And if you want me to put it on a subsequent agenda, then just let me know. COMMISSIONER HALAS: Do it. MR.OCHS: I'll get you a staff report in the interim. COMMISSIONER HALAS: Do it. MR. OCHS: All the breakdown of all the detailed information that you want. CHAIRMAN FIALA: Do it, meaning you want it on an agenda? COMMISSIONER HALAS: Yes. CHAIRMAN FIALA: Okay. COMMISSIONER HALAS: Put it on -- COMMISSIONER HENNING: I don't want it on an agenda unless it has to be. COMMISSIONER HALAS: But let's go ahead and move forward with this. Page 28] December] 5, 2009 COMMISSIONER HENNING: I want to see Buddy with a touchup brush in his hands. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: You're not -- if you're going to wait to approve the costs and then see if you can get the contract costs down, that means you're not going to begin work, and if you don't begin work, it won't be ready for the time when the modular unit arrives here. So I don't know how that is going to work. But let me tell you what I would be willing to do. I would be willing to approve this in the interest of helping the people who don't have a place to live, but get a full accounting for this after the fact so that we'll have a clear understanding of how the money was spent. We're in a position right now as if we want the site prepared in time for the modular unit. You have to begin work now. You can't wait for us to look at the contractor's costs, then decide whether or not it's okay, and then tell the contractor that you've got to cut costs. It's not going to happen. So my real issue here is that we've got money coming from several different sources that we use to help needy people get housing. We've got this source of funds, we've got another source of funds that Marcy is using to buy up homes and rehabilitate them. We have another source of funds where we're granting or providing money to contractors to buy up homes and renovate them, we've got money going to Habitat for Humanity where they are buying up homes and rehabilitating them. What I would like from staff is a -- is a report which addresses the sources of all the funds and the restrictions on the use of those funds so that we can make some rational decisions about how we can get the biggest bang for the buck so that if we decided that we wanted to allocate all of this money to Habitat for Humanity because they can do it cheaper and faster and we can get more people in homes, then we ought to be able to do that. Page 282 December 15, 2009 But just having us allocate money with different programs and different requirements is a haphazard way to use the taxpayers' money, and I would like that kind of a comprehensive report so that we can make better decisions in the future. MR. RAMSEY: Yes, sir. COMMISSIONER COYLE: And I will support whatever motion will get this work moving ahead now with the understanding we want an accounting of the money that was spent and why. CHAIRMAN FIALA: Does everybody understand this motion? COMMISSIONER HENNING: Yep, everybody -- CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: Everybody should be satisfied with the motion. CHAIRMAN FIALA: Okay, fine. Everybody is. And so we move -- we have a motion on the floor and a second. All in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: 4-0. Thank you very much, Buddy. MR. RAMSEY: Thank you, Commissioners. CHAIRMAN FIALA: We look forward to all the facts and figures. Thank you. MR. RAMSEY: Thank you. CHAIRMAN FIALA: How about public comments? Has anybody waited it out till 7:07 in the evening? MS. FILSON: No, ma'am. CHAIRMAN FIALA: Okay. Page 283 December 15, 2009 Item #I4A RESOLUTION 2009-306: SUNSETTING THE IMMOKALEE MASTER PLAN AND VISIONING COMMITTEE, AND RECOGNIZING AND MEMORIALIZING THE AUTOMATIC REPEAL OF ORDINANCE NO. 04-62, AS AMENDED - ADOPTED MR.OCHS: Takes us to 14A, Commissioner. A resolution to the board sunsetting the Immokalee Master Plan and Visioning Committee and recognizing and memorializing the automatic repeal of ordinance number 04-62 as amended. Penny Phillipi's here. CHAIRMAN FIALA: Did you want to hear her presentation first? COMMISSIONER HENNING: Well, you know, she's been waiting here for so long. CHAIRMAN FIALA: I know. COMMISSIONER HENNING: We should give her all the time that she wants. CHAIRMAN FIALA: Okay. Only since nine o'clock this mormng. COMMISSIONER COYLE: Thirty seconds. COMMISSIONER HENNING: I'll make a motion to approve. COMMISSIONER COYLE: Thirty seconds and I'm out of here. MS. PHILLIPI: Hi. My name is Penny Phillipi. I'm the Director of the Immokalee CRA. And I just want to tell you that this started in 2004 in September, and you renewed it in 2007, and it sunsets right now. And I really think that this group has worked really long and hard to accomplish the task of the Immokalee Master Plan, and I think it's time to let them have a rest. COMMISSIONER HENNING: Motion to approve. Page 284 '-"-'~---'-~>"'-'-~-~.~~"""""""'--"'..,..-,,~-------_.,~"< December 15, 2009 COMMISSIONER COYLE: Motion to approve -- second. CHAIRMAN FIALA: Okay. I have a motion to approve by Commissioner Henning, a second by Commissioner Coyle. Any discussion? (No response.) CHAIRMAN FIALA: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: 4-0. Sorry you've been here all day long. You want to go out to dinner afterwards? MS. PHILLIPI: Yes, please. COMMISSIONER HALAS: Rum and Coke. COMMISSIONER HENNING: Who's buying? Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN FIALA: Okay. And now we come to the portion of our commission meeting where we close up and we hear our county manager for any comments. COMMISSIONER COYLE: Can we skip that? CHAIRMAN FIALA: Huh? COMMISSIONER COYLE: Can we skip this part? CHAIRMAN FIALA: No. MR. OCHS: I just have two real quick items, Commissioners. This first one was just to verify. I know that all the board members Page 285 December] 5,2009 were copied on this letter from our tax collector, Larry Ray, advising you essentially that after consultation with his attorney and a brief meeting with Mr. Klatzkow and I, per the direction of the board, that he is recommending that he not pursue the dot com class action lawsuit at this time for the reasons that he indicated in this letter. All the board got a copy, but I just wanted to verify that everybody understood that intent. Thank you. The other quick item is that Commissioner Fiala was good enough to advise me that she received this letter recently back from the Seminole tribe. You recall that the board has authorized the Chair to send a letter asking for a direct meeting with the board and the tribe regarding the gaming compact, and they've sent this letter back to Commissioner Fiala suggesting that -- looking for times and proposed dates for meetings between representatives of both parties. Now, I don't know what they mean by representatives. I know the board's original intent, if I understood it, was that they wanted a -- you wanted a face-to-face as a full board with representatives from the tribe, but I don't know if they're yet willing to do that. CHAIRMAN FIALA: Go ahead. COMMISSIONER HENNING: Can we just have the Chair -- designate the Chair to meet with -- along with the staff with the Shores (sic). COMMISSIONER COYLE: Which chair? This year's chair, next year's chair? When are we going to meet? COMMISSIONER HENNING: This chair. I don't care. MR.OCHS: We don't have dates or times yet, sir, so it would depend on when they could meet, I would imagine. CHAIRMAN FIALA: And then staff also? COMMISSIONER HENNING: Yep. CHAIRMAN FIALA: Okay. COMMISSIONER COYLE: Whoever the chair is. MR. OCHS: So with the board's permission, I'll make the Page 286 December 15, 2009 contact and try to set the meeting. COMMISSIONER HENNING: We should make Commissioner Coletta the chair since he's not here. COMMISSIONER COYLE: No, no, no. You don't want to do that. MR. OCHS: That's all I have, ma'am. Thank you. CHAIRMAN FIALA: Okay. There was something else. Leo, did -- that was that -- that one from the EDC? MR. OCHS: We're not going to bring that -- I talked to Tammie. We don't need a quick action on that resolution. We can do that at the January meeting. CHAIRMAN FIALA: Okay, fine. Okay. Thank you. Okay. County Attorney? MR. KLA TZKOW: I don't have anything, ma'am. Thank you. CHAIRMAN FIALA: Oh, that's good. Commissioner Coyle? COMMISSIONER COYLE: Nothing for me. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I just want to say, since we won't be convening as a Board of County Commissioners until after the first of the year, I want to wish each and every one of my fellow commissioners a Merry Christmas, Happy Hanukkah, whatever fits, and Happy New Year. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. The -- I had the privilege of attending the lighting of the candle to start the festival of Hanukkah, and it was quite nice. I'm glad it's in the community, and Merry Christmas also to all. Happy Hanukkah and Merry Christmas. I appreciate the board's indulgence on the discussion about that last item. I'm glad we gave direction to kind of take at -- make sure that we're spending the monies, even though it's federal monies, it's still tax dollars, the proper way for this type of housing. Page 287 December 15, 2009 The other thing I would like, I guess there was a staff communication to the public about doing away with some PUD monitoring meetings in the near future. Those -- there's a -- that's in community development. There's fees associated with those PUDs; they think have to pay fees for those monitoring reports and yada, yada, yada. So I would like all the information of -- because that was, I don't know, a fee that was four or five years ago. I would like all the fees collected annually, itemized annually, that total amount. I also would like the expenses of PUD monitoring community -- PUD monitoring department, their expenses. MR. OCHS: Which period of time, sir? COMMISSIONER HENNING: However long it's been going on. MR.OCHS: Okay. COMMISSIONER HENNING: It hasn't been that long. MR.OCHS: Yeah. COMMISSIONER HENNING: We've just been approving ordinances, and they haven't been monitored. So it's kind of upsetted (sic) the community that those meetings are not going to be taking place, and it's something we need to resolve in the future. The next thing, I just want to talk about baseball, the Yankees. CHAIRMAN FIALA: Yankees? COMMISSIONER COYLE: It's the Cubs. COMMISSIONER HENNING: It's the Cubs. I don't know why it's not the White Sox. But what -- I think we should try to get ahead of it, and then behind it, behind the ball; we should get ahead of the ball. See if we can hit a home run. So can we kind of direct staff to report back to us of further actions that need to be taken? I'm kind of hearing about tourist tax, and then I'm also hearing that tourist tax is not going to cover the expenditures or the cost of a bonding. I'm also hearing that we're Page 288 December 15,2009 going to get use of a stadium if it is approved. I think that parks and rec. or other staff needs to kind of take a look at that whole thing. So can we give some direction on that? He's not a Cubs fan. I know he's not a Cubs fan. CHAIRMAN FIALA: I don't know who was first. Commissioner Halas? COMMISSIONER HALAS: First, yep. I've approached one of the individuals, and he's coming in, I think, to see me tomorrow, that's on this 5th A venue committee. In the discussion that I had, I asked them, or asked that person, where they thought they were going to get the money, and he said, we've got a hundred million dollars already allocated for it, okay. Now, whether that's true or not. And I've also had telephone calls from newspaper reporters asking me in was invited to that meeting. We've never been invited. And I -- my concern is, we have this group that's out there and says that they're looking at three pieces of land someplace in Collier County, not in the -- and they make sure that it's not in the city, and yet they've never approached me. Now maybe they've approached other commissioners in regards to where these items are and what the -- is the -- what's the land presently zoned for, who's going to pay for the infrastructure, who's going to pay for the road impacts and everything else. So I'm just as concerned as you are. And if they -- because I've pretty much made it very clear when I've been approached on this, that we're not going to be looking at putting out a bond issue where this is basically going to be taken care of by the taxpayers here in Collier County. Now, I said, as long as they're all private funding, I got no problem with it. But don't come looking for public funds in regards to this issue. So when somebody tells me they got a hundred million -- oh, excuse me -- hundred million dollars allocated for this, then I Page 289 December 15, 2009 figure they got it covered. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: One of the risks of getting a seat at the head of the table is that people are likely to hand you the bill. And I can tell you that the people involved in these negotiations are savvy businessmen and women. I don't know that they want the government involved in the discussion because if they do that, the discussion by the government representatives has to be in public, and that means that they can't discuss what they really want to discuss with you. And -- but what I have gotten out of it is that it is -- that several parcels are being evaluated. To the best of my knowledge, no parcel has been selected. I have no more information than any of you have. But I would -- I feel the same way Commissioner Halas does, that if somebody can do this with private funds then, you know, I'd be happy to jump in and help; but if they're going to ask us for a hundred million dollars, you know, I've got bad news for them, and -- but I do know that, I do believe, that their plan is to ask for at least a one-cent increase in the tourist tax. So it's -- they're going to be looking for some funds from the government and the taxpayers. And it would be better if they could fund it themselves, but that's what I know about it. And I would be a little reluctant to say, let me get involved with this at the present time; because I don't know where they're talking about, I don't know what zoning is necessary, I don't know what Land Development Codes have to be evaluated, you know. It's sort of nebulous. COMMISSIONER HENNING: Well, let me -- I know there's going to be a positive impact, a stadium, but also I know that for some it could be a traffic impact. COMMISSIONER COYLE: Yeah. COMMISSIONER HENNING: I haven't heard a lot of outcry Page 290 December 15, 2009 from the citizens on either side of it. COMMISSIONER HALAS: I have. COMMISSIONER HENNING: You know, there's a small group that are in favor of it, but I would suspect there could be an even larger group not in favor of it when you're talking about taxes. And when you're talking about tourist tax, it could be the hoteliers. Ijust think if we give our staff some direction to keep in front of it, if they can, to advise us. I'd rather have that than the investors try to advise us. That's the only thing I would like. COMMISSIONER COYLE: I don't have any problem with that. CHAIRMAN FIALA: Has anybody invited staff to be a part of any discussions or even -- has anybody even approached staff members? MR.OCHS: I've had one meeting last week at the request of, I think, the same local groups that are working the potential site selections and some of the financing, and they asked for IS minutes just to kind of bring me up to speed. There wasn't any specifics to speak of, just letting me know that they believe that the Cubs are still serious about Collier County as an option and that they were going to have this meeting last evening, I guess, with a local group to try to bring this thing a little bit closer to fruition and try to get some meat on the bones over the next 60 days, and then they told me they were going to try to be getting on each individual commissioner's calendars to basically get them advised to the extent that they -- that they could at this point. CHAIRMAN FIALA: They were on mine. COMMISSIONER HENNING: My point is, you want to involve your staff because Leo can filter that out to tourism, transportation, community development, office of the budget and management, and advise us a little bit better instead of trying to do it as the dais, that's all. CHAIRMAN FIALA: Commissioner Coyle? Page 291 December 15, 2009 COMMISSIONER COYLE: Yeah. There's -- I don't see anything wrong with that. There's one thing I think we need to be careful of, and we always get caught in this public relations trap where the newspaper writes something or the staff or an advisory board takes some action or mentions something, and all of a sudden it morphs into the county commissioners have approved something. We have to be real careful with respect to discussions about tourist taxes being approved or allocated for this, because none have been, nobody's asked us for them, and there are no plans, to my knowledge, that we're going to do that. So we've got to be careful because the vice-chairman of the TDC is a member of that group. So we've got to be careful that the involvement of a member of the Tourist Development Council does not convey to the public that this is officially sanctioned, okay. I think we need to take -- make some notification of that and make sure everybody understands it; otherwise, we're going to get these rumors started and people are going to be taking potshots at, oh, the commissioners are going to charge us for this, and that's certainly not the case in my mind. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I just want to throw this out there just to give you a little bit of flavor about when there's talk of stadiums and there's talk about government involvement in stadiums. The state that I come from, we now have three stadiums, and one stadium was built by financing partly by the state, and then a lot of it was built by the financing from the city. And the -- there was a long-term contract. There was all this fluff and buff that this thing is going to pay for itself, it's going to bring in a certain amount of jobs, it's going to do all of this stuff; and after about IS years, the contract was broke by a couple of big sports teams. In fact, they couldn't make a go of it. It was an 80,000-seat stadium. They tried to put the basketball Page 292 December 15, 2009 team in there, they tried to put -- they had the football team in there. They had concerts that came in there. They brought in tractor pulls. They brought in all this other stuff, and the end result is, the city today that put a lot of money back when things were good for them, they're almost in total bankruptcy. And then when the owner of the football team decided that he could no long- -- he didn't want to stay there at this location, he then championed to have the city -- another city and the state again come up with funding to build a stadium. And the end result is, the taxpayers are held with this -- with the bill. So I have no qualms about us building -- having a stadium built as long as it's done by private enterprise. It can be done by venture capital groups, it can be done by all that. But come to -- because of the experiences that I have seen with stadiums, I just feel that -- and especially right now in this environment, I don't think that we or the citizens here need to be involved in public funds involved in a stadium. And I've seen too much of what goes on. CHAIRMAN FIALA: I think that's what's appealing about this is that they're going to get private funding. We in Florida had that problem, I believe it was in the '80s when I was in the tourism industry; and I think it was Hillsborough County, decided -- their TDC at that time decided that they would devote 100 percent of their tourist development taxes to build a stadium for five years, and they did, indeed, do just that, and then -- but they didn't have a team that was going to use it. They were hoping to attract a team. You remember that, Leo? MR.OCHS: Yes, ma'am. CHAIRMAN FIALA: And then that stadium sat there empty for years and years, but they had to maintain it because now their investment was sitting in there. This is a lot more appealing that they want to go about finding the funds to build it once they have a team Page 293 December 15, 2009 committed to it. This sounds a lot better than what the poor Hillsborough people had to deal with. And so -- and who knows, they might even find the maintenance money to go along with this thing. So is that all, Commissioner Henning? COMMISSIONER HENNING: Well, I've taken up a lot of time, and I know I've had some help on that, but I appreciate the discussion. CHAIRMAN FIALA: Well, it was good that you brought it up. I mean, we haven't done that before. Thank you. And I'll bring up -- I'll be the last one to say Merry Christmas, Happy Hanukkah to all. When we get back together again next year, I hope that our new chairman has a less tumultuous meeting than we've just had to deal with today, and -- but I wish you a good year -- well, I'm looking at Commissioner Coyle because he's next up to bat, shall I say. But thank you all for a great year. Staff, you-all have been absolutely wonderful to work with, very, very supportive, and I appreciate everything you've done to make this a good year for me as your chairman. And with that, goodnight. We adjourn. MR. OCHS: Motion to adjourn, please. COMMISSIONER HALAS: Motion to adjourn. COMMISSIONER HENNING: Second. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Okay. Page 294 December 15, 2009 Item #16Al - Moved to Item #17D (Per Agenda Change Sheet) Item #16A2 RESOLUTION 2009-291: ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF MEDITERRA PARCEL 110, WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIV A TEL Y MAINT AINED Item # 16A3 REFUND IN THE AMOUNT OF $1,052.28 FOR A PORTION OF THE PETITION FEE RECEIVED FOR A RECENTLY WITHDRA WN 2007-2008 CYCLE GROWTH MANAGEMENT PLAN AMENDMENT PETITION - FOR PETITION CP-2007-2, IMMOKALEE ROAD/OIL WELL ROAD COMMERCIAL SUBDISTRICT GMP AMENDMENT Item #16A4 WATER AND SEWER UTILITY FACILITIES FOR MEDITERRA MAINTENANCE FACILITY - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item # 16A5 ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY TO ALLOW ATOMIC MACHINE AND EDM, INC. TO PARTICIPATE IN THE FAST TRACK PROGRAM FOR THE BUILDING PERMIT REQUIRED FOR THEIR TENANT IMPROVEMENT AT THE MARKET CENTER PROJECT - Page 295 December 15, 2009 CREATING JOBS IN A TOUGH ECONOMY BY HIRING FORMER CONSTRUCTION WORKERS WHO ARE OUT OF WORK AND WANT TO BE RETRAINED Item # 16A6 DEVELOP AND ADVERTISE FOR BOARD CONSIDERATION AN AMENDMENT TO ORDINANCE NO. 2004-58, KNOWN AS THE PROPERTY MAINTENANCE ORDINANCE, AND TO BRING BACK AN AMENDMENT IN CONJUNCTION WITH REMOVAL OF RENTAL REGISTRATION PROVISIONS - ALLOWING FOR INSPECTIONS BY REQUEST WITH A FEE CHARGED FOR EACH UNIT INSPECTED CONSISTENT WITH THE CDES FEE RESOLUTION Item #16A7 RESOLUTION 2009-292: ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF QUAIL WEST UNIT ONE, REPLA T BLOCK C SECOND ADDITION WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIV A TEL Y MAINTAINED - W / RELEASE OF THE MAINTENANCE SECURITY Item #16A8 PROPOSED LETTER OF UNDERSTANDING THAT DELINEA TES GROWTH MANAGEMENT PLAN (GMP) MAJOR ISSUES THAT WILL BE ADDRESSED IN THE COUNTY'S EVALUATION AND APPRAISAL REPORT (EAR) AS REQUIRED BY SECTION 163.3191 OF THE FLORIDA STATUTES AND DIRECT THE COUNTY MANAGER OR HIS Page 296 December 15,2009 DESIGNEE TO ENTER INTO A FORMAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) - JANUARY 2011 IS THE DEADLINE FOR THE COUNTY TO COMPLETE IT'S EVALUATION & APPRAISAL REPORT (EAR) Item #16Bl RECOGNIZE FY 2009/2010 FEDERAL TRANSIT ADMINISTRATION SECTION 5311 ADDITIONAL REVENUE IN THE AMOUNT OF $301,817.00 TO COLLIER AREA TRANSIT FUND (426) AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS - TO OFFSET OPERATION OF THE IMMOKALEE CIRCULATOR ROUTE 8A AND ROUTE 8B Item # 16B2 RECOGNIZE FY 2009-2010 STATE PUBLIC TRANSIT BLOCK GRANT ADDITIONAL REVENUE IN THE AMOUNT OF $8,876.00 TO COLLIER AREA TRANSIT FUND (426) AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS - TO BE APPLIED TO THE OPERATING COSTS OF THE COLLIER AREA TRANSIT Item # 16B3 RESOLUTION 2009-293: RESOLUTION AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE FEDERAL TRANSIT ADMINISTRATION SECTION 5310 FY2010/2011 GRANT APPLICATION AND APPLICABLE DOCUMENT AND TO ACCEPT THE GRANT IF AWARDED - FOR THE FUNDING OF SIX (6) VEHICLES SCHEDULED FOR PURCHASE IN FYI0/11 Page 297 December 15, 2009 Item #16B4 RESOLUTION 2009-294: RESOLUTION AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE FEDERAL TRANSIT ADMINISTRATION SECTION 5311 FY2010/2011 GRANT APPLICATION AND APPLICABLE DOCUMENT AND TO ACCEPT THE GRANT IF A WARDED - FOR PARA TRANSIT TRIPS IN RURAL AREAS OF COLLIER COUNTY Item #16B5 PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT WHICH IS REQUIRED FOR THE CONSTRUCTION OF THE PROPOSED FOUR- LANING IMPROVEMENTS TO GOLDEN GATE BOULEVARD FROM JUST WEST OF WILSON BOULEY ARD TO JUST EAST OF DESOTO BOULEY ARD. PROJECT NO. 60040 (FISCAL IMPACT: $3,100.00) - LOCATED AT GOLDEN GATES ESTATES UNIT 50 W 180 FT OF TRACT 37 Item #16B6 PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT WHICH IS REQUIRED FOR THE CONSTRUCTION OF THE PROPOSED FOUR- LANING IMPROVEMENTS TO GOLDEN GATE BOULEVARD FROM JUST WEST OF WILSON BOULEVARD TO JUST EAST OF DESOTO BOULEVARD. PROJECT NO. 60040 (FISCAL IMPACT: $2,122.00) - LOCATED AT GOLDEN GATE ESTATES UNIT 77 E 150 FT OF TRACT 63 OR 643 PG 541 Page 298 December 15, 2009 Item #16B7 AMENDMENT TO THE AGREEMENT ALLOWING FORMER OWNERS OF A PROPERTY PURCHASED BY COLLIER COUNTY FOR THE V ANDERBIL T BEACH ROAD EXTENSION PROJECT (PARCEL 133) THE OPTION TO FURTHER EXTEND THEIR POST-CLOSING OCCUPANCY OF THE PROPERTY FOR AN ADDITIONAL THREE MONTH PERIOD. PROJECT NO. 60168 (FISCAL IMPACT: REYENUE IN THE AMOUNT OF $4,500 WILL BE CREDITED TO THE GAS TAX AND/OR IMP ACT FEE ACCOUNTS) - TO ALLOW SUFFICIENT TIME FOR THEIR RELOCATION TO A REPLACEMENT PROPERTY Item #16B8 PURCHASE ORDER FOR PAYMENT OF INVOICES TOTALING $52,206, SUBMITTED BY PRECISION CONTRACTING SERVICES, INC. FOR TRAFFIC OPERATIONS ETHERNET CONVERSION PERFORMED IN FY 07/08 WITH REIMBURSEMENT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION - WORK INCLUDED FIBER OPTIC MODIFICATIONS, EQUIPMENT INSTALLATION, NETWORK DESIGN AND ENGINEER SERVICES Item #16B9 A WARD ITB #09-53 I 0 MOTOROLA CENTRAL CONTROL IRRIGATION SUPPLIES & SERYICES TO AG-TRONIX INC. FOR AN ESTIMATED ANNUAL AMOUNT OF $65,000 - THE AUTOMATED CENTRAL IRRIGATION CONTROL SYSTEM HAS PROVIDED THE FOLLOWING BENEFITS: WATER CONSERVATION, REDUCED LABOR COSTS, OVERALL Page 299 December 15, 2009 SYSTEM EFFICIENCY THROUGH ALARM REPORTING AND STANDARDIZATION OF CONTROLLERS AND SPARE PARTS Item #16BI0 RATIFYING AN EMERGENCY PURCHASE ORDER PREYIOUSL Y APPROVED BY THE COUNTY MANAGER FOR ELECTRICAL SERVICES UNDER ANNUAL CONTRACT #07- 4083, ON-CALL ELECTRICAL REPAIRS AND NEW INSTALLATION TO E. B. SIMMONDS ELECTRICAL INC., NAPLES, FL, IN THE AMOUNT OF $127,760.90 - DUE TO THE PREVIOUS PRIVATE DEVELOPER (AQUA PELICAN ISLE WHICH HAS GONE BANKRUPT) FOR SIGNALIZATION WORK AT THE INTERSECTION OF VANDERBILT DRIYE AND WIGGINS PASS Item #16Cl AMENDMENT NO.1 TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT NO. OT061098 TO MONITOR GROUND WATER IN COLLIER COUNTY (ESTIMATED REYENUE $116,000 ANNUALLY) - WITH TWO ONE- YEAR OPTIONS TO RENEW Item #16C2 RESOLUTION 2009-295: RESOLUTION TO APPROVE THE SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994,1995, AND 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL Page 300 December 15, 2009 IMPACT IS $48.00 TO RECORD THE SATISFACTIONS OF LIEN - WITH THE RECORDING CHARGES TO BE CHARGED TO COUNTY WATER/SEWER OPERATING FUND FOR APPROXIMA TEL Y $48.00 Item # 16C3 PRE-A WARD COST REQUEST FORM REQUESTING A PRE- AWARD CREDIT OF $121,290.99 IN STAFF TIME AND EMERGENCY REPAIR EXPENDITURES AS AN UPDATE TO THE GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR THE HAZARD MITIGATION GRANT PROGRAM FOR UP TO $320,000 TO CONSTRUCT A SIX-INCH HIGH DENSITY POL YETHYLENE LEACHATE PIPE AT THE COLLIER COUNTY LANDFILL - DUE TO A LEACHA TE PIPE THAT HAD BLOCKAGE AND THREATENED PUBLIC HELA TH AND SAFETY Item # 16C4 AWARD RFP #09-5201, AN ANNUAL CONTRACT FOR UNDERGROUND UTILITIES SUPPLIES TO FERGUSON WATERWORKS, INC - ENSURING RELIABLE AND FULL COMPLIANT WATER, WASTEWATER AND IRRIGATION QUALITY WATER SERYICES FOR OUR CUSTOMERS AND ENABLE STAFF TO OBTAIN SUPPLIES AND PARTS IN A EFFICIENT, TIMELY, AND COST-EFFECTIYE MANNER Item #16Dl AGREEMENT WITH COLLIER HEALTH SERVICES (CHS), AND AN AGREEMENT WITH THE AGENCY FOR HEALTH Page 301 December 15,2009 CARE ADMINISTRATION (AHCA) TO PARTICIPATE IN THE LOW INCOME POOL PROGRAM. PARTICIPATION IN THIS PROGRAM WILL REQUIRE THE COUNTY TO SEND $207,127 TO AHCA, WHICH WILL GENERATE AN ADDITIONAL $432,944 IN FEDERAL MATCHING FUNDS TO BE PAID DIRECTLY TO COLLIER HEALTH SERVICES FOR MEDICAL SERVICES FOR THE MOST MEDICALLY NEEDY IN COLLIER COUNTY. COLLIER HEALTH SERYICES WILL RECEIYE A TOTAL DISTRIBUTION OF $640,071 FROM THE STATE Item #16D2 - Continued to the January 12,2010 BCC Meeting (Per Agenda Change Sheet) FY05 AND FY06 ANNUAL REPORTS TO THE FLORIDA DEPARTMENT OF HIGHWAY SAFETY MOTOR YEHICLES FOR THE CHOOSE LIFE SPECIALTY LICENSE PLATE- WHICH A PORTION OF FEES ASSOCIATED FROM THE SALE OF THE LICENSE PLATES WILL BE REAPPORTIONED TO A QUALIFIED NON-GOVERNMENTAL NOT -FOR-PROFIT AGENCY FOR SERYICES INCLUDING COUNSELING, MEETING THE NEEDS OF PREGNANT WOMEN WHO ARE COMMITTED TO PLACING THEIR CHILD UP FOR ADOPTION Item #16D3 AFTER THE F ACT APPROVAL FOR THE SUBMITTAL OF THE 2010 CONTINUUM OF CARE (COC) GRANT APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEYELOPMENT (HUD) FOR COC PROGRAMS ASSISTING AND BENEFITING THE HOMELESS POPULATION IN COLLIER COUNTY Page 302 December 15, 2009 Item #16D4 AGREEMENT WITH THE COLLIER COUNTY CHILD ADVOCACY COUNCIL, INC. (CCCAC) TO PROVIDE FOR STATE MANDATED SERVICES IDENTIFIED UNDER FLORIDA STATUTE 39.304(5). FISCAL IMPACT OF $70,000- WHICH REQUIRE THE COUNTY TO BEAR THE INITIAL COST OF THE EXAMINATION OF AN ALLEGEDLY ABUSED, NEGLECTED, OR ABANDONED CHILD WHO IS A RESIDENT OF COLLIER COUNTY Item # 16D5 AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES ACCEPTING A CHALLENGE GRANT IN THE AMOUNT OF $96,000; AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS ASSOCIATED WITH THIS ACTION. THE NON-PROFIT SUBRECIPIENTS: SAINT MA TTHEWS HOUSE, THE SHELTER FOR ABUSED WOMEN AND CHILDREN, NATIONAL ALLIANCE ON MENTAL ILLNESS, THE COLLIER COUNTY HUNGER AND HOMELESS COALITION AND YOUTH HAYEN, INC - PROVIDING HOMELESS ASSISTANCE FOR COLLIER COUNTY CITIZENS Item #16D6 - Moved to Item #10G (Per Agenda Change Sheet) Item # 16D7 RESOLUTION 2009-296: REPEAL OF RESOLUTION NO. 2007- 190 AND ADOPT THE ATTACHED REVISED RESOLUTION NO. ;mw 2009- THAT LISTS NEW FINES AND FEES FOR COLLIER COUNTY PUBLIC LIBRARY Page 303 December 15, 2009 Item #16El - Withdrawn (Per Agenda Change Sheet) AWARD ITB #09-5325 ON-CALL ELECTRICAL REPAIRS AND NEW INSTALLATION TO AC ELECTRIC OF SW FLORIDA, INC., BENTLEY ELECTRIC COMPANY OF NAPLES, FL, INC., E. B. SIMMONDS ELECTRICAL INC., GULF STATES ELECTRIC, INC., AND PROFESSIONAL HIGHWAY MAINTENANCE, INC ($230,000) - FOR ON-GOING NEED FOR ELECTRICAL SERVICES SUPPORTING DAIL Y OPERATIONS Item # 16E2 PURCHASE OF GROUP HEALTH REINSURANCE COVERAGE FOR CALENDAR YEAR 2010 IN THE AMOUNT OF $1,018,777 WHICH EQUATES TO A REDUCTION OF 19.9% OYER PRIOR YEAR'S PREMIUM Item # 16E3 AUTHORIZING THE ON-LINE AUCTION OF COLLIER COUNTY SURPLUS PROPERTY - FOR THIRTY (30) DAY SALE ENDING NO LATER THAN JANUARY 30, 2010 BY CONTRACTED AUCTIONEER ATKINSON REALTY & AUCTION Item #16E4 PAYMENT OF $3,666.66 WHICH IS 2/12THS OF THE IRS ALLOWABLE ANNUAL CONTRIBUTION AMOUNT, TO THE DEFERRED COMPENSATION ACCOUNT OF FORMER COUNTY MANAGER, JAMES V. MUDD, IN ACCORDANCE Page 304 December 15, 2009 WITH HIS CONTRACT, TO BE PROCESSED JANUARY 2010 Item #16E5 AGREEMENT FOR SALE AND PURCHASE WITH FRANK 1. FISIOREK, JR. AND KATHLEEN E. ZIELINSKI FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT A COST NOT TO EXCEED $19,300 - FOR A PARCEL IN THE WINCHESTER HEAD MULTI-PARCEL PROJECT WITH THE FOLIO #39955480005 Item #16E6 AWARDING BID NO. 09-5323 ON-CALL PLUMBING CONTRACTORS TO SHAMROCK PLUMBING AND MECHANICAL, INC. AS PRIMARY, PRECISION PLUMBING SERVICES, INC. AS SECONDARY, AND FOUR STAR PLUMBING CONTRACTORS, INC. AS TERTIARY AT AN ESTIMATED ANNUAL COST OF $210,000 - FOR MAINTENANCE, REPAIRS, AND REPLACEMENT OF PLUMBING AND LINES AT Y ARIOUS COUNTY FACILITIES Item #16E7 RESOLUTION 2009-297: OFFERING OF THE VOLUNTARY SEPARATION INCENTIVE PROGRAM PURSUANT TO COLLIER COUNTY ORDINANCE NO. 09-13 FOR TWO EMPLOYEES NOT PREVIOUSLY NOTIFIED OF ELIGIBILITY IN JULY 2009 Item #16E8 Page 305 December 15,2009 REPORT AND RATIFY STAFF-APPROYED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS - TO OVERSEE EXECUTION OF ADMINISTRA TIVE CHANGE ORDERS AND CHANGES TO WORK ORDERS PROMOTING ACCOUNT ABILITY IN THE USE OF STAFF AUTHORITY Item #16E9 AGREEMENT NOT TO EXCEED $10,000 BETWEEN THE GAC LAND TRUST COMMITTEE AND THE BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT FOR THE PURCHASE OF THE BULLEX FIRE EXTINGUISHER TRAINING SYSTEM - PROVIDING TRAINING TO ADULTS AND CHILDREN WITH PROPER USE OF FIRE EXTINGUISHER THAT USES WATER RATHER THAN DRY CHEMICALS AND SHALL ONLY BE USED FOR TRAINING PURPOSES, AVAILABLE AT THE COLLIER COUNTY FAIR Item #16Fl FISCAL YEAR 2010 BUDGET AMENDMENT ESTABLISHING DEDICATED APPROPRIATIONS COYERING ANTICIPATED CONTRACTOR AND ADMINISTRA TIYE EXPENSES ASSOCIATED WITH THE INTERSECTION SAFETY PROGRAM. FISCAL IMPACT $841,000 Item #16F2 BUDGET AMENDMENTS - FOR IMPROVEMENTS WITH THE ROCK TOAD MSTU AND THE PURCHASE OF A SOUND SYSTEM AND ASSOCIATED EQUIPMENT FOR MAX HASSE Page 306 December 15,2009 COMMUNITY PARK IN GOLDEN GATE EST A TES Item #16F3 USE OF ALL INTEREST EARNINGS ON TOURIST TAX FUNDS FOR DESTINATION ADVERTISING, MARKETING AND PROMOTION FOR A PERIOD OF THREE FISCAL YEARS AND APPROVE ALL NECESSARY BUDGET AMENDMENTS Item #16F4 RESOLUTION 2009-298: RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2009-10 ADOPTED BUDGET Item #16F5 RESOLUTION 2009-299: ADOPTING RESOLUTION AND APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN A LEASE-PURCHASE AGREEMENT AND ALL ACCOMPANYING DOCUMENTS WITH GOVERNMENT CAPITAL CORPORATION FOR THE REPLACEMENT OF ONE (1) AMBULANCE FOR EMERGENCY MEDICAL SERVICES FOR FIVE (5) ANNUAL PAYMENTS OF $41,575.74 FOR A TOTAL OF $207,878.70 Item #16Gl COMMERCIAL BUILDING IMPROVEMENT GRANT AGREEMENT(S) BETWEEN THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND A GRANT Page 307 December 15,2009 APPLICANT(S) WITHIN THE BA YSHORE GA TEW A Y TRIANGLE COMMUNITY REDEVELOPMENT AREA (2800 DAVIS BOULEVARD) Item #16G2 SITE 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 (2445 A-B THOMASSON DRIYE) Item #16G3 SWEA T EQUITY GRANT AGREEMENT(S) BETWEEN THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND A GRANT APPLICANT(S) WITHIN THE BA YSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA (2938 CYPRESS STREET) Item #16G4 AN EVENT POLICY AND PROCEDURES MANUAL TO GOVERN ALL EVENT ACTIVITIES FOR THE BA YSHORE GA TEW A Y TRIANGLE - GOVERNING ALL EVENT ACTIVITIES IN THE BA YSHORE GA TEW A Y TRIANGLE Item #16G5 SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE) DURING THE CRA BOARD APPROVED BA YSHORE CULTURAL FESTIVAL OF THE ARTS EVENT ON Page 308 December 15, 2009 JANUARY 23,2010 ON THE CRA OWNED PARCELS- LOCATED AT FOLIO #61840960103 AND 61840960006 WITH AN ALCOHOL EXCLUSION AREA IN AND AROUND THE CHILDREN'S PLAY AREA Item #16G6 APPLICATION AND RECIPIENT AGREEMENT FOR THE IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY (CRA) COMMERCIAL FACADE IMPROYEMENT GRANT PROGRAM FOR REIMBURSEMENT OF $20,000 FOR FACADE IMPROYEMENTS TO LITTLE CAESARS PIZZA LOCATED AT 525 NORTH 15TH STREET IN IMMOKALEE, FLORIDA Item #16Hl COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE EAST NAPLES CIVIC ASSOCIATION LUNCHEON ON NOVEMBER 19,2009 AT HAMILTON HARBOR IN NAPLES, FL. $23.00 PAID FROM COMMISSIONER FIALA'S TRA YEL BUDGET - LOCATED AT 7065 HAMIL TON AYE., NAPLES Item #16H2 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE MARCO ISLAND AREA CHAMBER OF COMMERCE CHRISTMAS GALA ON DECEMBER 6, 2009 AT THE OLD MARCO INN ON MARCO ISLAND, FL. $75.00 PAID FROM COMMISSIONER FIALA'S Page 309 December 15,2009 TRAVEL BUDGET - LOCATED AT 100 PALM STREET, MARCO ISLAND Item #16H3 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE MARCO ISLAND HISTORICAL SOCIETY HOLIDAY LUNCHEON ON DECEMBER 8, 2009 AT THE FIRST BAPTIST CHURCH ON MARCO ISLAND, FL. $20.00 PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 1450 WINTERBERRY DRIVE, MARCO ISLAND Item #16H4 COMMISSIONER HENNINGS'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERYING A VALID PUBLIC PURPOSE. HE ATTENDED THE EDC PRE- LEGISLATIVE LUNCHEON ON NOVEMBER 24, 2009 AT THE CLUB AT THE STRAND IN NAPLES, FLORIDA. $25.00 PAID FROM COMMISSIONER HENNING'S TRAVEL BUDGET - LOCATED AT 3840 STRAND BOULEVARD, NAPLES Item #161 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 310 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE December 15,2009 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: I) Affordable Housing Commission: Minutes of October 5, 2009. 2) Collier County Coastal Adyisory Committee: Minutes of August 13,2009. 3) Collier County Planning Commission: Minutes of August 20, 2009; August 25,2009 special session; September 3, 2009 special session; September 3, 2009 regular session; September 17, 2009; 4) Development Services Advisory Committee: Minutes of October 7, 2009. 5) Immokalce Beautification Advisory Committee: Agenda of October 28, 2009. Minutes of September 23,2009. 6) Isles of Capri Fire Control District Advisory Committee: Minutes of September 3, 2009. 7) Lake Trafford Restoration Task Force: Minutes of January II, 2005; March 2, 2005; April 6, 2005; May 4, 2005. 8) Radio Road Beautification Advisory Committee: Agenda of October 20, 2009. Minutes of September IS, 2009. 9) Vanderbilt Beach Beautification MSTU Advisory Committee: Agenda of May 7, 2009; October 15,2009. Minutes of April 2, 2009; May 7, 2009. December 15, 2009 Item # 1611 RETURN OF FUNDS FOR THE 911 MICROWAVE CIRCUITS GRANT, #S-08-07-31 TO THE STATE OF FLORIDA ON BEHALF OF THE COLLIER COUNTY SHERIFF'S OFFICE Item #16J2 DISBURSEMENTS FOR THE PERIOD OF NOYEMBER 21,2009 THROUGH NOYEMBER 27,2009, AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 1613 DISBURSEMENTS FOR THE PERIOD OF NOVEMBER 28,2009 THROUGH DECEMBER 4, 2009, AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16Kl OFFER OF JUDGMENT TO RESPONDENT, PLATINUM COAST FINANCIAL CORP., FOR PARCEL NO. 825 IN THE AMOUNT OF $79,250 IN THE LAWSUIT STYLED COLLIER COUNTY V MYRTLE COVE, INC., ET AL., CASE NO. 07-5038 (LEL Y AREA STORMWATER IMPROVEMENT PROJECT # 51101.1) (FISCAL IMPACT $21,350) - FOR CONDEMNATION OF THE PARCEL Item #16K2 STIPULA TED FINAL JUDGMENT IN THE AMOUNT OF $375,000 FOR PARCELS 104 AND 604 IN THE LAWSUIT STYLED COLLIER COUNTY, FLORIDA V HIGHLAND Page 311 December 15, 2009 PROPERTIES OF LEE AND COLLIER, LTD., ET AL., CASE NO. 06-0563-CA (SANTABARBARA BOULEVARD PROJECT #62081) (FISCAL IMPACT $304,542) - FOR THE TAKING OF THE PARCELS Item # 16K3 JUDGMENT TO RESPONDENT, LUIS PINEROS, FOR PARCEL NO. 204RDUE IN THE AMOUNT OF $20,832 IN THE LAWSUIT STYLED COLLIER COUNTY V JOSEPH NOEL, ET AL., CASE NO. 07-3200-CA (OIL WELL ROAD PROJECT # 60044) (FISCAL IMPACT $12,432) - FOR CONDEMNATION OF THE PARCEL Item #16K4 - Moved to Item #12C (Per Agenda Change Sheet) Item # 1 7 A RESOLUTION 2009-300: PETITION V AC-PL-2009-1023, NATURE POINT LOT 8, TO DISCLAIM, RENOUNCE AND V ACA TE THE COUNTY'S AND THE PUBLICS INTEREST IN THAT PORTION OF A 25-FOOT WIDE DRAINAGE EASEMENT ALONG THE REAR OF LOT 8, NATURE POINT, AS FILED IN PLAT BOOK 20, PAGES 20-22 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, THE VACATED PORTION BEING MORE SPECIFICALL Y DEPICTED AND DESCRIBED IN EXHIBIT A AND ACCEPT THE REPLACEMENT DRAINAGE EASEMENT SHOWN ON EXHIBIT B Item #17B Page 312 December 15, 2009 RESOLUTION 2009-301: RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REYENUE) TO THE FISCAL YEAR 2009-10 ADOPTED BUDGET - SITUATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST Item #17C ORDINANCE 2009-70: ORDINANCE AMENDING ORDINANCE NO. 2001-43, AS AMENDED (THE VANDERBILT BEACH BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT), PER THE BOARDS DECEMBER 1, 2009 DIRECTION UNDER AGENDA ITEM #16B5 TO INCORPORATE PROYISIONS TO FACILITATE THE ONGOING CONVERSION OF OVERHEAD UTILITY DISTRIBUTION FACILITIES TO UNDERGROUND SERVICE WITHIN THE MSTU BOUNDARIES Item #17D (Moved from Item #16Al (Per Agenda Change Sheet) RESOLUTION 2009-302: DESIGNATING 7,414.0 ACRES IN THE RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP SENDING AREA WITH A DESIGNATION AS BCI/BCP/SI SSA 13 PURSUANT TO THE TERMS SET FORTH IN THE ESCROW AGREEMENT, STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR BCIIBCP/SI SSA 13, AND STEWARDSHIP EASEMENT AGREEMENT FOR BCI/BCP/SI SSA 13; APPROYING A STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR BCI/BCP/SI SSA 13; APPROYING A STEWARDSHIP EASEMENT AGREEMENT FOR BCI/BCP/SI SSA 13; APPROVING AN ESCROW AGREEMENT FOR BCI/BCP/SI SSA 13; AND ESTABLISHING THE NUMBER OF STEWARDSHIP Page 313 ,._-_..,.._..,,-~~_. --~-..~"._~~~~>.~",--",-.~.'----"-~-' ,-- --,-"--,,,,-,'--~--""- December 15, 2009 CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 7:30 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DIS~RlCTS UNDER ITS CONTROL f" J / .' .- /:~_ JJct.tk DONNA FIALA, Chairman ATTEST if;' '~.' ,.." .... :. ". C'~.J -"_ -':-.", , . QlJ,:rE.~.~OyK, CLERK :;.~_ {,;" I -." " .' "i t . ~ These minutes approved by the Board on L I {zj (0 , as presented V or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 314