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BCC Minutes 09/28/2010 R September 28, 2010 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 28, 2010 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 districts as have 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: Fred Coyle Jim Coletta Tom Henning Donna Fiala Frank Halas ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Ian Mitchell, BCe Executive Manager Crystal Kinzel, Clerk's Office Mike Sheffield, Assistant to the County Manager Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AIRPORT AUTHORITY AGENDA September 28, 2010 9:00 AM Fred W. Coyle, BCC Chairman Commissioner, District 4 Frank Halas, BCC Vice-Chairman Commissioner, District 2 Jim Coletta, BCC Commissioner, District 5, CRAB Vice-Chairman Donna Fiala, BCC Commissioner, District 1, CRAB Chairman 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." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A Page 1 September 28, 2010 MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Michael Bannon - Crossroads Church of Naples 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation congratulating Goodwill Industries of Southwest Florida, Inc. for their contributions in recycling. To be accepted by Jennifer 1. Nelson, Sr. Director of Retail Operations and E-Commerce, Tom Feurig, President and CEO and Jody Jacoby, Salvage and Recycling Supervisor. Sponsored by Commissioner Fiala. Page 2 September 28, 2010 B. Proclamation designating October lO, 20 lO as the 10th Annual Put The Brakes on Fatalities Day. To be accepted by Nancy Frye, Community Traffic Safety Team, David Buchheit, Community Traffic Safety Team Chairman, Sheriff Kevin Rambosk and Sgt. Robert L. Crouch, FHP. Sponsored by Commissioner Coletta. 5. PRESENTATIONS A. Presentation to recognize the Freedom Park project team for receiving the Team Project of the Year Award for 2009 from the Florida Association of County Engineers and Road Superintendents (FACERS). Presented to team leader Senior Project Manager Margaret Bishop by Alan Holbach, FACERS Board member. B. Update the Board of County Commissioners on the status of the Property Assessed Clean Energy (PACE) Program. C. A presentation to Collier County Parks & Recreation for winning the 20 I 0 Florida Recreation and Parks Association Agency Excellence Award - Category I. This prestigious award will be presented by Mr. Don Decker, President, Florida Recreation and Parks Association. To be accepted by Barry Williams, Director, Parks and Recreation. 6. PUBLIC PETITIONS A. Public Petition request by Mr. Tim Hancock regarding an agreement with the State of Florida Department of Community Affairs. B. This item continued from the September 14. 2010 BCC Meetin2. Public Petition request by E's Country Store at Oil Well Road and Immokalee Road. C. Public Petition request by Ms. Kathleen H. Reynolds of the Early Learning Coalition of Southwest Florida regarding request for funding. D. Public Petition request by Mr. Harrison Hubschman regarding water detention area south of Michigan Avenue at 12th Street. Item 7 and 8 to be heard no sooner than 1:00 D.m., unless otherwise noted. Page 3 September 28, 2010 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation to approve a Compliance Agreement between the Florida Department of Community Affairs and Collier County, including Petitioners-in-Intervention, setting forth proposed Remedial Amendments to the Growth Management Plan, Ordinance 89-05, as amended, pertaining to Section 24 in North Belle Meade. B. Recommendation to adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the incorporation by reference of the impact fee study entitled the Collier County Transportation Impact Fee Cost and Credit Update Study, dated March 11,2009, which is an amendment to the adopted Collier County Transportation Impact Fee Update Study; amending the Road Impact Fee rate schedule as set forth in the Cost and Credit Update, which provides for a reduction in rates; amending the Parks and Recreation Impact Fee schedule in accordance with the adopted indexing methodology, utilizing a two-year average, which provides for a reduction in rates; accepting the calculation of the indexing percentage for the Correctional Facilities Impact Fee in accordance with the adopted indexing methodology, utilizing a two-year average, but providing that the current Correctional Facilities Impact Fee rates remain in effect rather than increasing the fees as calculated; and providing for a delayed effective date of October 8, 2010, in order to provide time for filing with the Florida Department of State and notification to the local municipalities of the new rates. 9. BOARD OF COUNTY COMMISSIONERS A. This item continued from the Julv 27. 2010 BCC Meetin2. J. Peaceful L.C. 7770 Preserve Lane - Request for 12 parking spaces. (Commissioner Henning) B. A Resolution of the Board of County Commissioners in support of Congressional action regarding Property Assessed Clean Energy (PACE) programs. (Commissioner Coletta's request) Page 4 September 28, 2010 C. Appointment of members to the Black Affairs Advisory Board. D. Appointment of member to the Bayshore Beautification MSTU Advisory Committee. E. Appointment of members to the Historical and Archaeological Preservation Board. F. Appointment of members to the Affordable Housing Advisory Committee. 10. COUNTY MANAGER'S REPORT A. Recommendation to complete the Annual Performance Appraisal for the County Manager. (Leo E. Ochs, Jr., County Manager) B. Recommendation to review and approve the FY20 II Annual Work Plan for the County Manager. (Leo E. Ochs, Jr., County Manager) C. Recommendation to approve an Agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner dba District Twenty Medical Examiner, Inc. to provide medical examiner services for Fiscal Year 2011 at a cost of $1 ,041 ,300; a reduction of $52,200. (Dan Summers, Bureau of Emergency Services Director) D. Recommendation to approve the purchase of Liability, Automobile, Workers Compensation, Flood, Aircraft, and other insurance and related services for FY 2011 in the amount of$I,718,637; a reduction of$100,125. (Jeff Walker, Risk Management Director) E. Recommendation to adopt a Resolution replacing and superseding Resolution 2010-25, the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy, in order to increase Boat Launch Facilities fees from $5 to $8 at all Collier County Parks and Recreation Department Parks and Marinas. (Barry Williams, Parks and Recreation Director) 11. PUBLIC COMMENTS ON GENERAL TOPICS Page 5 September 28, 2010 12. COUNTY ATTORNEY'S REPORT A. The Annual Performance Appraisal for the County Attorney. B. Recommendation that the Board of County Commissioners review and approve the proposed FY 2010 - 20 II Action Plan for Jeffrey A. Klatzkow, County Attorney. C. Recommendation that the Board of County Commissioners indicate its intent to extend the County Attorney Employment Agreement with Jeffrey A. Klatzkow, and fix the end date of the first extension term as September 30, 2013. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. GROWTH MANAGEMENT DIVISION 1) Recommendation to approve final acceptance of the water utility facility for Ridgeport Plaza (Bluefish Japanese Steakhouse). 2) This item reQuires that ex parte disclosure be provided bv Commission Members. Should a hearin2 be held on this item. all participants are reQuired to be sworn in. This is a recommendation to approve for recording the final plat of Veronawalk Phase 4C, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Page 6 September 28, 2010 3) This item reQuires that ex parte disclosure be provided by Commission Members. Should a hearin2 be held on this item. all participants are reQuired to be sworn in. This is a recommendation to approve for recording the final plat of Madison Park Phase Two Tract M and N Replat. 4) This item reQuires that ex parte disclosure be provided by Commission Members. Should a hearin2 be held on this item. all participants are reQuired to be sworn in. This is a recommendation to approve for recording the final plat of City Gate Commerce Center, Phase Two Replat of Lots 5 and 6. 5) This item reQuires that ex parte disclosure be provided by Commission Members. Should a hearin2 be held on this item. all participants are required to be sworn in. This is a recommendation to approve for recording the final plat of Quarry Beach Club Addition. 6) Recommendation to approve final acceptance of the water and sewer utility facilities for ABC Fine Wine and Spirits. 7) This item reQuires that ex parte disclosure be provided by Commission Members. Should a hearin2 be held on this item. all participants are reQuired to be sworn in. This is a recommendation to approve for recording the final plat of Heritage Bay Vistas Subdivision, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 8) This item reQuires that ex parte disclosure be provided by Commission Members. Should a hearin2 be held on this item. all participants are reQuired to be sworn in. This is a recommendation to approve for recording the final plat of Verona walk Phase 4D, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 9) Recommendation to accept and approve the completed alternative road impact fee calculation, the review conducted by Tindale-Oliver Page 7 September 28, 2010 and Associates, Inc., serving as the impact fee consultant for Collier County, and the resulting Road Impact Fee rate of$10,937 per 1,000 square feet for the Naples Daily News building located at 1100 Immokalee Road. Also authorize a reimbursement of Road Impact Fees in the amount of$384,010 as a result of the revised impact fee calculation. 10) Recommendation to approve the second amendment to the agreement between Collier County and the Economic Development Council of Collier County for continuation of the Economic Diversification Program by providing a contribution to the EDC of up to $400,000 for Fiscal Year 2011, and authorizing the Chairman of the Board of County Commissioners to sign the amendment on behalf of Collier County. 11) Recommendation to authorize a budget amendment to recognize revenue for projects within the Transportation Supported Gas Tax Fund (313) in the amount of $43,244.35. 12) Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement (LAP) with the Florida Department of Transportation (FDOT) in which Collier County would be reimbursed up to $950,000 for the design, construction, engineering and inspection of an experimental wildlife crossing on CR 846/Immokalee Road, approximately 2.5 miles east of Oil Well Grade Road. 13) Recommendation to approve a work order in the amount of $234,046 to Camp Dresser & McKee, Inc. (CDM) for Contract #09-5262 County-wide Engineering Civil Transportation Stormwater for the Lely Area Stormwater Improvement Project (LASIP), Davis Boulevard and Weir Improvements (Project No. 51101). 14) Recommendation to approve the purchase of a road right-of-way, drainage and utility easement (Parcel No. 256RDUE) required for the expansion of Golden Gate Boulevard from two lanes to four lanes between Wilson Boulevard and DeSoto Boulevard. (Project No. 60040.) Estimated fiscal impact: $9,450. Page 8 September 28, 2010 15) Recommendation to increase RFQ #10-5414 - Sabal Palm Road Extension Project Delivery of Lime Rock Materials in the amount of $4,359.01 for a total bid of$52,799.01 to Better Roads. 16) Recommendation to approve an Amendment to the FY 2011-2020 Collier County Transit Development Plan (TDP) Ten Year Major Update. 17) Recommendation to recognize FY 20 I 0-20 11 State Public Transit Block Grant additional revenue in the amount of $720,259 to Collier Area Transit Fund (426) and authorize all necessary budget amendments. 18) Recommendation to recognize FY 2010/2011 Federal Transit Administration Section 5311 additional revenue in the amount of $254,584 to Collier Area Transit Fund (426) and authorize all necessary budget amendments. 19) Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida Department of Transportation in which Collier County would be reimbursed up to $358,800 for sidewalks on Boston Avenue from 1st Street South to 9th Street South. (Project #33122) 20) Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida Department of Transportation in which Collier County would be reimbursed up to $750,000 for Intersection Improvements on SR 29 at Lake Trafford Road (Project #33124). 21) Recommendation to award ITB# 10-5482R - Lely MSTU Irrigation Reuse Water Source Renovation to Hannula Landscape & Irrigation, Inc. in the amount of$54,480.95. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve the submittal ofa 2011-2012 Florida Page 9 September 28, 2010 Recreation Development Assistance Program Application, sponsored by the Florida Department of Environmental Protection, for a total amount of $200,000. (Companion to Item #16B2). 2) Recommendation that the Community Redevelopment Agency (CRA) approves a Resolution authorizing an amendment to the Bayshore Gateway Triangle CRA Redevelopment Plan Capital Improvement Program schedule to include the proposed Gateway Triangle Stormwater Pond Pathway project to comply with Florida Recreation Development Assistance Program grant application requirements. (Companion to Item #16Bl). C. PUBLIC UTILITIES 1) Recommendation to approve an Agreement with SMS Hezekiah, LLC, and accept a Right of Entry for a groundwater monitor well and environmental monitoring purposes in an amount not to exceed $6,550. 2) Recommendation to approve the Satisfactions of Lien for the 1995 and 1996 Solid Waste Collection and Disposal Services Special Assessments where the county has received payment in full satisfaction of the liens. Fiscal impact is $38.50 to record the Satisfactions of Lien. 3) Recommendation to approve a Policy Statement to collect monies owed to Collier County for the repair of utility and other assets damaged by vendors and contractors that are doing business with Collier County. 4) Recommendation to award Annual Contract for Well Drilling, Testing, and Maintenance Services, pursuant to RFP #10-5409 to Diversified Drilling Corporation, All Webbs, Well Masters, Labelle Well Drilling, Southeast Drilling, and Youngquist Brothers, Incorporated in the estimated annual amount of $250,000. 5) Recommendation to extend Contract #06-3972 and add funds in the amount of $300,000 (estimated $60,000 annually) with Tele- Works, Inc., for ongoing system maintenance and enhancements to Page 10 September 28, 2010 the Utility Billing and Customer Service Departments Interactive Voice Response Software System over a five year period. D. PUBLIC SERVICES 1) Recommendation to approve a request to apply and accept a Home Depot Grant in the amount of $12,000 for improvements to East Naples and Eagle Lakes Community Parks. 2) Recommendation to approve and authorize the Chairman to sign a subrecipient agreement with the Shelter for Abused Women & Children (SA WCC) providing for a $113,000 Housing and Urban Development (HUD) Continuum of Care (CoC) homeless assistance grant to aid with the cost of daily operations and supportive services provided by SA WCC. No general funds are being utilized for this CoC project. 3) Recommendation to approve a Submerged Lands Lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida at the Cocohatchee River Park Marina at a first year's annual cost of $6,646.16. 4) Recommendation to approve the conveyance of a piece of land located at 425 I st Street North, Immokalee, from Collier County to the David Lawrence Mental Health Center, Inc.; at no cost to the County. 5) Recommendation to approve Annual Reports for years 2005 through 2009 to the Florida Department of Highway Safety and Motor Vehicles for the Choose Life Specialty License Plate and authorize the Chairman to sign the reports. 6) Recommendation to approve the submission of an application for a Criminal Justice, Mental Health & Substance Abuse Reinvestment Implementation Grant in an amount up to $750,000 from the Florida Department of Children & Families, authorize the Chairman to sign the application and attached assurances. 7) Recommendation that the Board provides after-the- fact approval for Page 11 September 28, 2010 the submission of the 2011 State of Florida Challenge Grant application, which was submitted to the Department of Children & Family Services Office on Homelessness (DCF) in the amount of $100,000. This grant application has no effect on ad valorem or general fund dollars. 8) Recommendation to approve and execute documents necessary for the conveyance of water utilities, and the conveyance of an easement for telephone and related services located at Goodland Boat Park, 750 Palm Point Drive, Goodland Florida, at a cost not to exceed $98. 9) To approve and authorize the Chairman to sign an amendment to the Collier County Hunger and Homeless Coalition (CCHHC) Subrecipient Agreement for the State of Florida Challenge Grant approved by the Collier County Board of County Commissioners (BCC) on December 15, 2009 Item 16- D5. This amendment will allow for a revision of the Agreements budget in Exhibit A by moving funds between line items to allow CCHHC to fully expend Challenge grant funds. Total Challenge grant amount is unchanged. 10) Recommendation to approve and authorize the Chairman to sign a subrecipient agreement with St. Matthew's House for the Emergency Shelter Grant (ESG) project previously approved for United States Department of Housing and Urban Development (HUD) funding in the 2010-2011 Action Plan. The total amount of the federally funded grant is $95,097. There is no effect on ad valorem or general fund dollars. 11) Recommendation to approve a final status report from the Lake Trafford Restoration Task Force; sunsetting this committee on September 28,2010. 12) Recommendation to approve and authorize the Chairman to sign five (5) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this item will transfer previously approved deferral agreements from developer to owner occupants with a continuing fiscal impact of $73,611.30. Page 12 September 28, 2010 13) Recommendation to approve and authorize the Chairman to sign an Amendment to Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units to correct the lot number and street address of a previously recorded Agreement. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve a Lease Agreement with M.T. Club, Inc. for the installation and operation of County-owned communications equipment at a first year's rent of$IOO. 2) Recommendation to authorize the submittal of a $15,000 Florida Fish and Wildlife Conservation Commission (FWC) Gopher Tortoise Habitat Management Assistance Request to fund exotic plant removal at the Conservation Collier Railhead Scrub Preserve. 3) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign the Assumption Agreement from Professional Staffing-ABTS, Inc. d/b/a Able Body Labor, to MDT Personnel, LLC, for temporary labor services. 4) Recommendation to award Bid #10-5513 - Sublet/Parts Bid for Collier County to multiple vendors for Fleet Management services, repair parts, accessories, and end items with total expenditures estimated at $750,000 annually. 5) Recommendation to approve an Agreement for Sale and Purchase with Richard F. Berman as to 1/3 interest and Raymond and Terry Bennett also known as Terri Bennett, husband and wife, as to 1/3 interest and Frank J. Celsnak and Marlene J. Celsnak Trustees U/D/T dated 27th December 1991 as to 1/3 interest for 1.59 acres under the Conservation Collier Land Acquisition Program; at a cost not to exceed $16,500. 6) Recommendation to approve an Agreement for Sale and Purchase with Israel Oliva and Josefa Oliva, husband and wife for 1.14 acres under the Conservation Collier Land Acquisition Program; at a cost not to exceed $9,100. Page 13 September 28, 2010 7) Recommendation to approve an Agreement for Sale and Purchase with Remedios Kuntzevich for 2.73 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $17,000. 8) Recommendation to approve an Agreement for Sale and Purchase with Jacob Vincent for 1.14 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $12,000. 9) Recommendation to approve an Agreement for Sale and Purchase with Ocean Investment Management Corp., a Florida corporation, for 1.14 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $12,000. 10) Recommendation to adopt a resolution approving the 2011 Fiscal Year Pay and Classification Plan inclusive of additions, deletions or modifications from July 1,2010 forward, and to continue authorizing the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed 2011 Fiscal Year Pay and Classification Plan, using the existing Archer point-factor job evaluation system, subject to a quarterly report to the Board of County Commissioners. 11) Recommendation to use contract RFP #07-4148 (Collier County Security Services) on a temporary basis for Energy Management (Building Automation) Services for an estimated amount of$50,000 12) Recommendation to award Request For Proposal #10-5510, Annual Contract for General Contractor Services, to the following firms: Wright Construction Group, Inc.; Surety Construction Company; Vanderbilt Bay Construction, Inc.; Bradanna, Inc.; and PBS Construction, Inc. F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve and authorize the Chairman to sign an Agreement between Collier County and the Florida Division of Emergency Management accepting a Grant award for $79,355 for Emergency Management Program Enhancement and approve the Page 14 September 28, 2010 associated budget amendment. 2) Recommendation to approve a Memorandum of Understanding between Collier County and Marco Presbyterian Church to coordinate relief efforts at the time of a disaster. 3) Recommendation to adopt a resolution authorizing removal of 15,376 ambulance service accounts and their respective account receivable balances which total $11,549,642.92, from the general ledger of Collier County Fund 490 (Emergency Medical Services). Although the amount was recognized and recorded as Bad Debt Expense during Fiscal Years 2006 and 2007, it cannot be removed without Board adoption of an authorizing resolution. 4) Recommendation to authorize budget amendments appropriating approximately $306,198,545.35 of unspent FY 2010 grant and project budgets into fiscal year 2011. (Required Pursuant to Section 129.06 Florida Statutes) 5) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2009-10 Adopted Budget. G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners (BCC), acting as the Airport Authority, approve and authorize the Chairman to execute the First Amendment to Contract #06-3903 Car Rental Service at the Marco Island Airport with Enterprise Leasing Company of Florida, LLC. 2) Approve a request to write off uncollectible Accounts Receivable incurred by the Airport Authority in the amount of $830.98. 3) Recommendation to approve an after-the-fact acceptance of the attached Federal Aviation Administration (FAA) grant offer for $6,068,990 for construction of a taxiway and aircraft apron (south) at the Marco Island Executive Airport, and associated budget amendments. Page 15 September 28, 2010 H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement of meal expenditures at functions serving a Valid Public Purpose. Attended fact finding trip to The Jackson Laboratory from July 14, 2010 through July 18,2010 in Bar Harbor, ME. $72.60 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 2010 Excellence in Industry awards luncheon at the Naples Hilton on September 21,2010 in Naples, FL. $20 to be paid from Commissioner Fiala's travel budget. 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended The Public Relations, Marketing, and Advertising Professionals of Collier County (PRACC) Luncheon on September 16,2010 in Naples, FL. $30 to be paid from Commissioner Fiala's travel budget. 4) Proclamation presented to the Marco Island YMCA acknowledging the new name as 'Y' across the world, and celebrating a "Brand New Day" on September 20,2010. Provided to Keith Dameron. Sponsored by Commissioner Fiala. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of September 4,2010 through September 10,2010 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of September 11, 20 I 0 through September 17, 20 I 0 and for submission Page 16 September 28, 2010 into the official records of the Board. 3) Recommendation to Authorize the Extension of the Tax Roll Before Completion of the Value Adjustment Board Hearings Pursuant to Section 197.323, F.S., and Tax Collector's Request. K. COUNTY ATTORNEY 1) Recommendation to approve a Stipulated Final Judgment in the amount of $69,900 for Parcels 121 & 721 in the lawsuit styled Collier County v. Rafael Liy, et aI., Case No. 05-752-CA (Collier Boulevard (951) Project No. 65061) (Fiscal Impact $31,521.80) 2) Recommendation to approve a Stipulated Final Judgment in the amount of $67,250 for Parcel 809 in the lawsuit styled Collier County v. Myrtle Preserve, LLC., et aI., Case No. 07-0463-CA (Lely Area Stormwater Improvement Project No. 51101.1) (Fiscal Impact $91,717.50) 3) Recommendation to adopt a Resolution designating the Driver License Building at 725 Airport Road South as the Guy L. Carlton Driver License Building. 4) Recommendation to adopt a Resolution designating the proposed Florida Power & Light greenway from north of Rattlesnake Hammock Road to Radio Road as the "The Rich King Memorial Greenway". 5) Recommendation to adopt a Resolution designating the proposed Vanderbilt Drive Greenway, from 111 th Avenue North to Bonita Beach Road, as The Frank Halas Greenway. 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 Page 17 September 28, 2010 AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item reQuires that ex parte disclosure be provided bv Commission Members. Should a hearin2 be held on this item. all participants are reQuired to be sworn in. Recommendation to approve Petition V AC- PL20 1 0-817, Hodges University, to disclaim, renounce and vacate the Countys and the Public's interest in a 40- foot wide drainage easement over Tract-B on the plat of North brook Plaza, a subdivision according to the plat thereof as recorded in Plat Book 31, pages 65 and 66 of the Public Records of Collier County, Florida, situated in Section 19, Township 48 South, Range 26 East, Collier County, Florida, and being more specifically depicted on Exhibit A, and accept the replacement drainage easement depicted and described on Exhibit B. B. Recommendation to adopt an Ordinance amending Ordinance No. 86-28, as amended, the Flood Damage Prevention Ordinance, to re-adopt Finished Floor Elevation criteria which were inadvertently repealed by Ordinance 2009-59 and allowing for interim standards. C. Recommendation for approval to amend Ordinance No. 2009-32, as amended, (Environmental Advisory Council Ordinance), to maintain consistency with the Growth Management Plan (GMP) Conservation and Coastal Management Element (CCME) Policies 6.1.1 (13) and 6.1.8, and Land Development Code (LDC) amendment to subsection 10.02.02.A. D. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members: DRICLO-PL2009-95: CDC Land Investments, Inc., represented by R. Bruce Anderson, Esquire of Roetzel & Andress, LP A, is requesting an essentially built-out agreement in order to close out the Collier Tract 22 Development of Regional Impact and be relieved of any obligations for the DRI. The property is located at the northeast corner of US 41 and Immokalee Road, in Section 22, Township 48 South, Range 25 East, Collier County, Florida.(CTS) E. This item reQuires that ex parte disclosure be provided by Commission Page 18 September 28, 2010 Members. Should a hearin2 be held on this item. all participants are reQuired to be sworn in. Recommendation to approve Petition V AC- PL2010-965, to disclaim, renounce and vacate the County's and the Public's interest in a portion of a 20- foot wide Lake Maintenance Easement over Lot 36, of Park Place West, a subdivision according to the Plat thereof as recorded in Plat Book 17, Pages 32 and 33, of the Public Records of Collier County, Florida, situated in Section 15, Township 48 South, Range 25 East, Collier County, Florida, the subject portion of easement to be vacated is more specifically depicted and described in Exhibit A. F. Recommendation to approve the annual rate resolution to establish the fees, rates, and charges for the use of Collier County Solid Waste Facilities, including landfill tipping fees, recycling center fees, residential multi-family and commercial waste collection fees for FYll. This resolution adopts the rates that fund the FYll budget for solid waste collection and disposal. G. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-PL2009-58 Largay Properties, LLC, represented by Richard D. Y ovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. and D. Wayne Arnold, AICP ofQ. Grady Minor and Associates, P.A., is requesting approval of a Conditional Use for a Collection and Transfer Site for Resource Recovery in the Agricultural (A) Zoning District pursuant to Collier County Land Development Code Subsection 2.03.01 A.1.c.12, The subject 5 acre tract is located on the east side of Pheasant Roost Trail, south of Frangipani Avenue in Section 15, Township 49 South, Range 27 East, Collier County, Florida. H. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2009-10 Adopted Budget. I. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 20 I 0-11 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 19 September 28, 2010 September 28, 2010 CHAIRMAN COYLE: Ladies and gentlemen, the meeting of the Board of County Commissioners is now in session. Could you please stand for the invocation by Reverend Michael Bannon, Crossroads Church of Naples. REVEREND BANNON: Psalm 84: 11, 12 says, the Lord God is a son and a shield. The Lord bestows favor and honor. No good thing does he withhold from those who walk uprightly. Oh, Lord of Hosts, blessed is the one who trusts in you. Would you pray with me, please. Lord God, thank you for being such a gracious God who is concerned about the affairs of people. Father, I pray that you would teach us to trust you in all things, that your name might be glorified. Father, I pray for our County Commissioners who have the awesome responsibility of the affairs of this, our county. Father, I pray that you would bless them this day with great wisdom, great compassion, discernment, that the decisions that they make this day, the things that they discuss, might be for our good. Help us, Lord God, as residents of this county, to be a people who strive to be good citizens, to live in harmony with one another, to promote this community and its betterment. Father, we commit this time and the things that happen here to you. Be glorified in them, I pray. Amen. CHAIRMAN COYLE: Please join us in the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Thank you. County Manager, you have some changes to the agenda this . mornIng. Item #2A TODA Y'S REGULAR, eONSENT AND SUMMARY AGENDA AS Page 2 September 28, 2010 AMENDED - APPROVED AND OR ADOPTED W/CHANGES MR.OCHS: Yes, sir, Mr. Chairman, I do. Good morning, Commissioners. These are agenda changes, Board of County Commissioner meeting, September 28,2010. First change is a request for a continuance of Item 6B, continued to the October 26, 2010, BCC meeting. This is a public petition request by E's Country Store at Oil Well Road and Immokalee Road. Again, that's at petitioner's request. Next change is to continue Item 6D to October 12,2010, BCC meeting. Again, a public petition request by Mr. Harrison Hubschman regarding water detention areas of South Michigan Avenue and 12th Street at the petitioner's request. Next change is continue Item 16D4 to the October 12,2010 BCC meeting. It's a recommendation to approve conveyance of some land in Immokalee to the David Lawrence Mental Health Center. Staffhas a little bit of cleanup work to do on that document. And I have two agenda notes, Commissioners, this morning. Item 16A 7, we have a transposition error. The first sentence states, the project cost is $204,326. The correct amount should read, $240,326, and that change is at staffs request. And the last note is Item 12B. It's to add the following sentence to the end of Section 7 entitled, Litigation, to read: We will also evaluate the degree to which the County Attorney's Office and outside counsel achieves satisfactory outcome on litigation. That change was made at the county attorney's request. That's all the changes I had, sir. CHAIRMAN COYLE: Okay, thank you very much. County Attorney? MR. KLATZKOW: No changes, sir. eHAIRMAN eOYLE: Okay. We'll start with commissioners, Page 3 September 28, 2010 and we'll start with Commissioner Henning. COMMISSIONER HENNING: Skip me for now. CHAIRMAN COYLE: All right. How about Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I have no changes to the agenda. And under the -- the only thing I have to report is under the summary agenda, 17G. I received emails on it, I received staff report, and that concludes what I have to offer. CHAIRMAN COYLE: Okay. Thank you very much. And with the exception of 17G, where I have received correspondence from the Planning Commission staff report, I have no disclosures for either the summary or the consent agenda. I do have one comment to be made concerning one item on the consent agenda, and that is the approval of $400,000 to the Economic Development Council. I would like to seek the board's concurrence in providing guidance with respect to that allocation. Just this last week a writer to the Naples Daily News claimed that our money had been spent by the EDC for reports by economists, and that simply isn't true. That money was provided from other sources, I think the Chamber of Commerce, and was not allocated from Collier County Government. But I would like to get the board's concurrence that we attach a condition to this money that it not be used for the purpose of hiring economists who make predictions that we can't necessarily depend upon and are generally slanted toward an effort to eliminate impact fees. So is there a sufficient guidance -- COMMISSIONER HALAS: Yes. CHAIRMAN COYLE: -- to do that? COMMISSIONER HENNING: Just on impact fees? It's just sliding -- any study that is not quantifiable, let the private sector do that. Page 4 September 28, 2010 CHAIRMAN COYLE: Well, it's -- I don't know what that might be, but we're approving money to the EDC, and I'm just saying, they should not use it for hiring an economist to lobby us about reduction of impact fees as they have in the past, and they continue to do it as late as last week. So if we have three nods. COMMISSIONER HALAS: Yes. CHAIRMAN COYLE: Then we'll attach that condition to that approval. And that's the only change I have to the agenda. Commissioner Halas? COMMISSIONER HALAS: Yes. Good morning, Chairman. As far as the consent agenda, I don't have any items on that. And as to the summary agenda, the only item that I have ex parte on is Item 17G, and that is a staff report that I was given yesterday in regards to that. So that's it. Thank you. CHAIRMAN COYLE: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes. I have no additions, corrections, or changes to the agenda. And for the summary agenda or for the -- for the -- yeah, summary agenda, the only declaration I have is 17G. I received correspondence, and I also spoke to staff about this, seeking some information, just to make sure when I vote that it's the way that I want it to be. Thank you. CHAIRMAN COYLE: Okay, thank you. And Commissioner Henning? COMMISSIONER HENNING: I had staff communications on 1 7 G, also would like to pull 16K5 from the consent agenda to the regular agenda. MR.OCHS: 16K5 will become Item 12D. eHAIRMAN COYLE: Was that D, Delta? Page 5 September 28, 2010 MR. OCHS: D, Delta, yes, sir. CHAIRMAN COYLE: Okay. All right. COMMISSIONER HENNING: Move to approve the agenda as amended. CHAIRMAN COYLE: Okay. Motion to approve the agenda as amended -- COMMISSIONER FIALA: Second. CHAIRMAN COYLE: -- by Commissioner Henning, second by Commissioner Fiala. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: The motion passes unanimously. Page 6 Agenda Changes Board of County Commissioners Meeting September 28, 2010 Continue Item 6B to October 26. 2010 BCC Meetin~: This item continued from the September 14, 2010 BCC Meeting. Public Petition request by E's Country Store at Oil Well Road and Immokalee Road. (Petitioner's request) Continue Item 60 to October 12. 2010 BCC Meetin~: Public Petition request by Mr. Harrison Hubschman regarding water detention area south of Michigan Avenue at 12th Street. (Petitioner's request) Continue Item 1604 to October 12. 2010 BCC Meetin~: Recommendation to approve the conveyance of a piece of land located at 425 1st Street North, Immokalee, from Collier County to the David Lawrence Mental Health Center, Inc.; at no cost to the County. (Staffs request) Note: Item 16A7: Impact on this item has a transposition error. First sentence states "project cost is $204,326"; correct amount should read $240,326. (Staff's request) Item 12B: Add the following sentence to end of Section 7 entitled Litigation: We will also evaluate the degree to which the County Attorney's Office and outside counsel achieves satisfactory outcome on litigation. (County Attorney's request) 9/28/2010 8:39 AM September 28, 2010 Item #3 SERVICE AWARDS - EMPLOYEE AND ADVISORY BOARD MEMBERS That brings us to service awards, County Manager? MR.OCHS: No service awards this morning, sir. CHAIRMAN COYLE: Okay, all right. Then we'll go with proclamations. Item #4 (One Motion Taken to Adopt Proclamations later in the meeting) Item #4A PROCLAMATION CONGRATULATING GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA, INC. FOR THEIR CONTRIBUTIONS IN RECYCLING. ACCEPTED BY JENNIFER I. NELSON, SR. DIRECTOR OF RETAIL OPERATIONS AND E- COMMERCE, TOM FEURIG, PRESIDENT AND CEO AND JODY JACOBY, SALVAGE AND RECYCLING SUPERVISOR SPONSORED BY COMMISSIONER FIALA - ADOPTED MR. OCHS: Yes, sir. The first proclamation is proclamation 4A, congratulating Goodwill Industries of Southwest Florida, Incorporated, for their contributions in recycling. This proclamation to be accepted by Jennifer I. Nelson, senior director of retail operations and e-commerce; Tom Feurig, president COE; and Jody Jacoby, salvage and recycling supervisor. This proclamation sponsored by Commissioner Fiala. (Applause.) eHAIRMAN eOYLE: Good morning. Page 7 September 28, 2010 MS. NELSON: Thank you very much. CHAIRMAN COYLE: Thank you very much. Thanks a lot. COMMISSIONER HALAS: Congratulations. You get your picture taken now. (Applause.) MS. NELSON: My name is Jennifer Nelson, and on behalf of Goodwill Industries of Southwest Florida, we want to thank the county commissioners for this honor. Our mission at Goodwill is to provide job-related services to people with disabilities and other barriers to employment -- you better give that to us -- and we do that through our repurposing and recycling efforts. The revenue that we generate from that not only goes into our job-training programs, but we're also able to employ residents, for example, of Collier County in need. So we're really honored to receive this award. Thank you. CHAIRMAN COYLE: You didn't receive all of them. MS. NELSON: Okay. Well you better give them to us. CHAIRMAN COYLE: I didn't hand them all out. MS. NELSON: You better give them to us. CHAIRMAN COYLE: Okay. You're going to get your hands full of these. Now we're going to have another picture. MS. NELSON: Oh, another picture? CHAIRMAN COYLE: Yes. MS. NELSON: Come on, guys. Thank you. COMMISSIONER FIALA: Now everybody gets to hold something. MS. NELSON: Now we all get to hold something. COMMISSIONER COLETTA: We'll get it right this time. MS. NELSON: Thank you all so much. (Applause.) Item #4B Page 8 September 28, 2010 PROCLAMATION DESIGNATING OCTOBER 10,2010 AS THE 10TH ANNUAL PUT THE BRAKES ON FATALITIES DAY. ACCEPTED BY NANCY FRYE, COMMUNITY TRAFFIC SAFETY TEAM, DAVID BUCHHEIT, COMMUNITY TRAFFIC SAFETY TEAM CHAIRMAN, SHERIFF KEVIN RAMBOSK AND SGT. L. CROUCH, FHP. SPONSORED BY COMMISSIONER COLETTA - ADOPTED MR.OCHS: Commissioner, Item 4B is a proclamation designating October 10, 2010, as the 10th Annual Put the Brakes on Fatalities Day. To be accepted by Nancy Frye, community traffic safety team; David Buchheit, community traffic safety team chairman; Sheriff Kevin Rambosk; and Sergeant Robert L. Crouch from the Florida Highway Patrol. This item sponsored by Commissioner Coletta. CHAIRMAN COYLE: Here you go. Congratulations. Thank you. Sheriff, good to see you. How you doing? Good morning, how are you? Thank you. Item #5A PRESENTATION RECOGNIZING THE FREEDOM PARK PROJECT TEAM FOR RECEIVING THE TEAM PROJECT OF THE YEAR A WARD FOR 2009 FROM THE FLORIDA ASSOCIATION OF COUNTY ENGINEERS AND ROAD SUPERINTENDENTS (FACERS). PRESENTED TO TEAM LEADER SENIOR PROJECT MANAGER MARGARET BISHOP BY ALAN HOLBACH, FACERS BOARD MEMBER - PRESENTED Page 9 September 28, 2010 MR. OCHS: Commissioners, that takes us to Item 5 on your agenda, presentations. 5A is a presentation to recognize the Freedom Park project team for receiving the Team Project of the Year Award for 2009 from the Florida Association of County Engineers and Road Superintendents. This item is to be presented to team leader senior project manager, Margaret Bishop, by Alan Holbach, FACERS board member. Please come forward. MR. HOLBACH: Good morning, Honorable Chairman, Members of the Board. FACERS is Florida Association of County Engineers and Road Superintendents, and represent all public works throughout the state and take pleasure in reviewing on an annual basis team projects that are submitted, nomination, and making a selection. The award is presented to a team that's held in the highest professional regard, having made a significant contribution to local public works. Contributions for the -- or criteria for the award includes timeliness, innovation, leadership, impact on budget, and impact to the community. It is my honor to present the Team Project of the Year Award to Collier Transportation Services Division, Margaret Bishop, team leader. (Applause.) MS. BISHOP: Good morning, Commissioners. I was supposed to give a brief overview of the project. MR.OCHS: You are, for the record? MS. BISHOP: Oh, Margaret Bishop, Collier County Growth Management Division. I was fortunate to be a member of the team to receive the award for the Team Project of the Year for Freedom Park. Thanks to Page 10 September 28,2010 Norman Feder's leadership, the park became a reality. This project involves several divisions and departments. Not only was transportation involved, but Marla Ramsey and Barry Williams' teams at Parks and Recreation, Len Golden Price, and Skip Camp's teams at Conservation Collier and Facilities were involved. The designer was CH2MHill. The contractor was Kraft Construction Company, and the construction inspection was performed by PBS&J. Our funding partners were Florida Communities Trust and the South Florida Water Management District. Freedom Park is especially unique because it's a park that improves water quality. Road runoff and water from surrounding neighbors is pumped from the Goodlette-Frank Road ditch and runs through a series of created wetlands that filters the pollutants by biological uptake. Water is discharged through a control structure and sheet flows over the natural wetlands. This treatment train cleans the water before it is discharged to the Gordon River that goes to Naples Bay and ultimately the Gulf of Mexico. In addition to this 50-acre park, other amenities include the 2,500 square foot education building. The park has seen 18,000 visitors since it has opened in last October. Parks and Recreation holds programs, camps for kids, seminars for adults, and maintains a base of volunteers. I spoke to the created wetlands. The other half of the park is natural wetlands. You will see boardwalks and trails and a passive park setting, and it is designed to attract native wildlife. There are interpretive signs along the boardwalk that explain the features of the park such as how the water circulates and the role of wetlands, plus some of the wildlife and plants that are there. We have water quality monitoring programs to see how we are doing with removing pollutants. The signs explain the importance of Page 11 September 28, 2010 planting native species, exotic removal, and the importance of protecting the watershed. Finally, it is the site of the Freedom Memorial, the namesake of the park. This memorial is a tribute to the 9/11 victims, funded by private donations. There's something for everyone, whether you are a science teacher, nature enthusiast, birder, photographer, artist, or someone who wants to take a seminar or just take a walk through nature. I'm honored to have been part of this project and want to thank Norman Feder for making it happen and his leadership. Thank you. (Applause.) CHAIRMAN COYLE: Thank you, Margaret. Item #5B UPDATING BOARD OF COUNTY COMMISSIONERS ON THE STATUS OF THE PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM - PRESENTED AND DISCUSSED MR.OCHS: Commissioners, Item 5B is an update to the Board of County Commissioners on the status of the Property Assessed Clean Energy Program. Ms. Len Price, your division administrator for Administrative Services, will present. MS. PRICE: Good morning, Commissioners. Queued this up, and then it disappeared. Okay. So we'll have technical difficulties for a moment. For the record, Len Golden Price, Administrative Services Division administrator. In May you asked us to come back to you with a proposal to put together a P AeE program. Just as a reminder, P AeE is a program that was passed by the state legislature as well as several places Page 12 September 28, 2010 throughout the nation to allow homeowners to borrow funds to make energy improvements and in Florida also wind resistance improvements, and these loans are paid back through your -- as non-ad valorem property taxes over a period as long as 20 years. It's similar to special taxing districts except that it would be voluntarily; a homeowner would choose to do this rather than it being imposed, like utilities improvements and the like. What would we need to put together a program like this? We would need some technical services, be able to identify what's eligible and what the best bang for the buck would be, we would require some financial services for the funding, bonds, et cetera, from legal services, as well as some administration. And the law that was passed in Florida allows for the use of a third-party administrator to put the program together so that there would be little impact on county staffing, all of which could be repaid through -- as part of the payment back for the loan and the improvement itself. The process in general would be that we would get ourselves started, put together a team, scope it out, have some public input, public workshops, launch the program, and put together the financing, work with the tax collector to make sure that the liens were set aside and that the programs were paid back. Why did I not bring to you an actual program today? That would be because the federal housing finance assoc- -- agency, rather, has put a stop and a hold on all PACE programs across the nation because of concerns that these loans would be primary loans in the event of a foreclosure, and their interpretation that the entire lien would have to be paid off at the time that there was a foreclosure. There are a couple of bills that are working their way through the House and the Senate right now to try and address those issues. The Department of Energy, as well as the White House, have issued some guidelines that we hope will allay these fears, but in the meantime, they're still out there, and these projects have been placed on hold all Page 13 September 28,2010 across the country. On today's agenda further -- further on today's agenda, I think, Commissioner Coletta has put forth a resolution asking for your endorsement of support for these bills so that we can be able to move forward on these types of projects whether or not we decide to go forward ourselves. In Florida, several places have started programs. Some of them are on hold right now. In Leon County, which is Tallahassee, they started their program with $50,000 for energy audits where homeowners would receive an audit and determine what -- the best way that they can improve energy conservation in their home. That is going to be their precursor or prerequisite for their PACE program. Only those projects that are eligible -- found to be eligible under the audits would be able to move forward for the second -- for the second phase. St. Lucy County is planning to do the same thing, and in Miami, their program right now is on hold. One of the things that we're looking at right now is to see if there's grant funds available where we might be able to start something similar to that, and we believe that we could do that with or without a PACE program. So even if the legislation never allowed the program to go forward, we might be able to help the community through grant funds to obtain audits to determine what would be the best use of any improvement money that anyone might choose to bring forward. There are some alternatives out there that we might want to consider, and we're starting to look into those, but in the meantime we're watching the legislation carefully. The expectation is sometime after the mid-term elections in November, these things might really start to take hold. And the main belief right now is that we are going to be able to resolve this situation and be able to move forward, at which point we'll be able to bring you a proposal for a program, and Page 14 September 28,2010 you can determine at that time whether Collier County wants to move forward. Open it up at this point for any questions. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. Once again, the whole premise behind the PACE program is to be able to provide a clean, safe energy to our residents at a reasonable cost that's written off over a 20-year period. The savings would be instantaneous the first year because of the way the payments would be structured. I wanted to thank staff for moving this forward. I especially want to thank Steve Hart and his support group for keeping this thing alive and in the public view. I hope that this commission will support the resolution that's on there and let the legislators in Washington, D.C., know that this program's important, not only to the country, but at Collier County as an individual entity. CHAIRMAN COYLE: That resolution is not part of this particular item, is it? MS. PRICE: No. I believe it's -- MR. OeHS: No. MS. PRICE: -- on the commissioners' items. It's one of them on number 9. COMMISSIONER COLETTA: Okay. We'll be coming to that. CHAIRMAN COYLE: Yes, we'll get to that. One of the questions I have is, where are you going to get the money to initiate this? You know, when you come back to us, we're going to need a budget impact, and I'm a little concerned about spending money up front, hiring additional staff, creating new departments, without really understanding what the activity is going to be. And number two, I would like to suggest that as part of your Page 15 September 28, 2010 analysis, you take a look at how we can accomplish many of the same things by revisions in our Land Development Codes, particularly for new construction and major renovations. We -- if we're careful and we don't increase the costs of construction, we might achieve some of these benefits by putting requirements in our Land Development Code. But I'm not suggesting that we increase the cost of construction in order to achieve that. I believe it's possible to accomplish that goal, and it would be helpful if you were to include that in your analysis of alternatives about how we can keep this program going, okay? MS. PRICE: We will definitely do that. CHAIRMAN COYLE: Would that be acceptable to the other commissioners? Do we have three -- okay . We have three nods. MS. PRICE: And that will be part of our presentation as we move forward, the funding, as well as what you suggested. And I think Mr. Hart wanted to address some of your questions right now in terms of upfront financing. CHAIRMAN COYLE: Okay. MR. HART: Thank you. I thank you, Mr. Chairman, Commissioners. And I'm going to ask you a question about financing in just a second, but before I do that, let me express to you our gratitude as your citizen energy panel for the work that Len and Alex have done since you asked them to do this, just outstanding work, and the county attorney as well, and the finance director, and lots of people in the county staff have been involved in this, and they're doing excellent work, and we very much appreciate it. The answer -- and, Mr. Chairman, I love your idea about incorporating some of these energy-saving ideas in the Land Development Code. I think that is an excellent idea, and I'm sorry we hadn't thought of it before, so -- brilliant mind. Thank you very much. But to answer your question about -- Page 16 September 28, 2010 CHAIRMAN COYLE: Do I get an award for this? MR. HART: Yeah, you get an award for that. But to answer your question about financing, you know, historically speaking, when I say historically, since the concept of P ACE first emerged ten, 12 years ago, local governments have raised this money through bond issues. The Florida Legislation, which was adopted in the spring, it foresees what the legislature believes is an improvement to that mechanism by allowing local governments, cities, and counties to go out and seek third-party interim financing, say a coalition of banks, a combination of banks and grants, wherever that funding might come from that would get the program up and running, and then at some point when enough property owners and liens are in place, then take the money out for a bond sale, which means, at the point of a bond sale, everything is guaranteed and it's really a no-risk bond sale, and that's the contemplation that the Florida Legislature saw as an improvement. What the legislature insists is that this not be a financial burden to counties, that it not be a financial burden to homeowners, and that, indeed, it is a win-win because it creates jobs for people, for workers, as they are making these energy-efficient improvements to homes and buildings. And so it's just -- you know, this is one of -- this is one of the best and most innovative ideas of government, public-private partnerships that has come along in a long, long time. And we don't fully understand why the federal mortgage regulating agencies have such a problem with it, except that you and I both know that there's -- somebody is afraid someone's ox is being gored somewhere, and we can imagine it comes down to a money issue. But I -- everybody that we talk to, everybody that I talk to, feels certain that these roadblocks at the federal regulatory level are going to be overcome one way or the other, either through negotiation or Page 1 7 September 28,2010 through the legislation, that is in both the House and the Senate, and so it's just a question of when. We feel confident it will; it's just a question of when. CHAIRMAN COYLE: Let's hope that all the other roadblocks that exist in Washington will be removed, too, soon. MR. HART: Wouldn't that be wonderful? CHAIRMAN COYLE: Yeah. Okay. Thank you very much. MS. PRICE: Any other questions? CHAIRMAN COYLE: No. MR. OCHS: Commissioners, before I move to 5C, may I get a motion to move the proclamations from morning. COMMISSIONER HALAS: So moved. COMMISSIONER FIALA: Second. MR. OCHS: I need a motion and second for your proclamations. COMMISSIONER HALAS: Proclamations today. CHAIRMAN COYLE: Oh, for all of the past proclamations. MR. OCHS : Yes, sir. CHAIRMAN COYLE: Oh, I thought you were talking about the proclamation for this, which we're coming to later. MR. OCHS: No, 4A and B. I'm sorry. CHAIRMAN COYLE: Okay. Oh, the 4A and B proclamations. Motion to approve. There's a motion to approve -- COMMISSIONER FIALA: You got it from Frank, got a second from me. CHAIRMAN COYLE: -- by Commissioner Halas and second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. eOMMISSIONER FIALA: Aye. eOMMISSIONER HALAS: Aye. Page 18 September 28, 2010 CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: The proclamations are approved unanimously. MR.OCHS: Thank you, Commissioners. Item #5C PRESENTATION TO COLLIER COUNTY PARKS & RECREATION FOR WINNING THE 2010 FLORIDA RECREATION AND PARKS ASSOCIATION AGENCY EXCELLENCE AWARD - CATEGORY 1. THIS PRESTIGIOUS AWARD WILL BE PRESENTED BY MR. DON DECKER, PRESIDENT, FLORIDA RECREATION AND PARKS ASSOCIATION TO BE ACCEPTED BY BARRY WILLIAMS, DIRECTOR. PARKS AND RECREATION - PRESENTED MR.OCHS: That now moves us to Item 5C on your agenda. It's a presentation to Collier County Parks and Recreation for winning the 2010 Florida Recreation and Parks Association Agency Excellence Award in Category I. This prestigious award will be presented by Mr. Don Decker, president of Florida Recreation and Parks Association. To be accepted by Barry Williams, director of Parks and Recreation. CHAIRMAN COYLE: Thank you. MR. DECKER: Good morning, Mr. Chairman-- CHAIRMAN COYLE: Mr. Decker? MR. DEeKER: -- Commissioners. Thank you for having me here today. My name is Don Decker. I'm the president of the Florida Recreation and Park Association, also the director of Parks and Page 19 September 28,2010 Recreation for the City of Western Florida. It's a pleasure to stand before you and be given the opportunity to acknowledge the achievements of the Collier County Parks and Recreation Department. I very much looked forward to driving across Alligator Alley this morning because I really enjoy Southwest Florida. I'm a frequent visitor to your county in large part because of your parks and recreation amenities. There's no question that you have tremendous facilities and programs, world-renowned beaches, cozy neighbor parks, and first-class sports facilities are just some of them, but your programming is making a difference, too, particularly during a time when it is most needed. While our schools are struggling to offer anything but core subjects, you are offering arts, music, sciences, nature, and fitness programs that will help build crucial life skills and well-rounded citizens. In these areas there's no question that Collier County is visionary. But I'm one who's always valued the human resource above all others. Walt Disney said, you can dream, create, design, and build the most wonderful place in the world, but it requires people to make the dream a reality. I didn't ask Barry beforehand, but I suspect if I asked him, he would tell you that his employees are what make the difference. From the maintenance worker who meticulously cares for the baseball field to the lifeguard who makes sure your swimmers are safe, this is where the excellence lies. I was struck by the values of your department listed on your Parks and Recreation website, the first four, honesty, integrity, public service, and accountability are often cited when you overhear discussions about what is wrong with government. I believe this recognition serves as a very public endorsement that the eollier eounty Parks and Recreation Department employees are committed to Page 20 September 28, 2010 providing quality recreation services to the citizens of Collier County while maintaining the highest values. But you need not take my word for it. Your department is one of 90 agencies across the nation that has received accreditation from the National Recreation and Park Association and the reaccreditation achievement this past year came with a remarkable perfect score. Collier resident Kim Cane in her written endorsement of the award application spoke of the special memories her sons have already developed by participating in Collier County Parks' programs. And we would like to hire Commissioner Fiala, because she could not have put the benefits of Parks and Recreation any better when she said, the Collier County Parks and Recreation Department fosters a sense of belonging and a pride of ownership by offering opportunities for personal growth and community involvement. In the shadow of these glowing reviews, my comments pale. But on behalf of the members of the Florida Recreation and Park Association, it's my pleasure to congratulate Collier County and, in particular, the employees of the Collier County Parks and Recreation Department for winning the 2010 Florida Recreation and Park Association Agency Excellence Award. (Applause. ) COMMISSIONER FIALA: Come on down. (Applause.) COMMISSIONER FIALA: Good morning. MR. WILLIAMS: Mr. Chairman, if I might just say a few words. CHAIRMAN COYLE: By all means. MR. WILLIAMS: First of all, I just want to say thanks to Don for coming over across the Alley and honoring us with this award. We are very excited. And I told Don before that we had a very supportive board of our park system, and I wanted to thank each of you for the support that you've given us over the years. We wouldn't Page 21 September 28, 2010 have a park system like this if it weren't for you. Also, I wanted to quote -- there's an old Norwegian saying that says, many hands make the load light, and I wanted to thank our chief Norwegian back there, Ms. Marla Ramsey. Ms. Ramsey, with Leo Ochs, we have a wonderful senior leadership team that keeps us on the straight and narrow, and we want to thank those guys in particular for working with us and being patient with us as we make plans and we look for the future. But the thing I wanted to say most of all, our staff -- and Mr. Decker had said it correctly. We wouldn't be anywhere without the fine staff that we have. And our leadership team today, I just want to say thank you for all that you've done over the last few years, and all of our staff in Parks and Rec. made this award happen. So thank you very much. CHAIRMAN COYLE: Thank you, Barry. (Applause.) CHAIRMAN COYLE: We better get to something controversial pretty soon or we're going to be finished before noon. MR. OCHS : Well, right on cue then. CHAIRMAN COYLE: Okay. MR. OCHS: That takes us to public petitions. Item #6A PUBLIC PETITION REQUESTED BY MR. TIM HANCOCK REGARDING AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS- MOTION FOR PETITIONER TO WORK WITH STAFF TO FORMULATE AN AGREEMENT AND BRING BACK TO THE BCC - APPROVED MR. OeHS: eommissioners, Item 6A is a public petition request Page 22 September 28, 2010 by Mr. Tim Hancock regarding an agreement with the State of Florida Department of Community Affairs. MR. HANCOCK: Good morning, Commissioners. I believe the controversy items start next. CHAIRMAN COYLE: Okay, all right. But those are both continued. MR. HANCOCK: I was glad to see this presentation this morning. I have two daughters, and we're not just frequent users of the county's park system, but we travel all over the state with Travel Youth Athletics, and we have so much to be proud of here in Collier County with our Parks and Rec. system by far; by far the finest in the State of Florida. So congratulations to you and your park staff. The request today is basically to seek board direction with respect to a 1.7-acre aggregation of two parcels at the intersection of US 41 and State Road 29 on the southeast corner -- I'm sorry -- southwest corner. The area of critical state concern, which is further adopted in your Growth Management Plan, was created in 1974 by the state legislature, and it was a large blanket thrown over a big part of Eastern Collier County with environmental intent attached to it for protection and preservation and to limit development encroachment; however, sometimes when we take a very satellite view of a large area, we miss some small areas. And the areas of Everglades City and Chokoloskee you excepted from the ACSC, but this body has seen changes in the area of critical state concern for more localized issues. In 1985 Port of the Islands had an agreement that kind of carved out some specific exceptions, and more recently this board was involved, in 2005, in recognizing that some of those rules in Plantation Island weren't quite fair and reached an agreement with Department of Community Affairs for Plantation Island. What we have here is, we have a comer parcel that is about .8 Page 23 September 28, 2010 acres. It has an existing gas station on it and is grandfathered. The piece immediately next to it, which you can kind of see a semi truck sitting on part of it in that aerial photograph, totals just under one acre. That piece has been historically impacted since prior to the adoption of the ACSC. I have aerial photographs, which I've shared with several of you and was a part of your package dating back to 1973, that show the site is pretty much in the same condition it was back then. And the request we have for you today is that this -- these parcels are designated in your Growth Management Plan as being eligible for rural commercial development. As a matter of fact, they're specifically mentioned as being allowed for that type of development. Part -- in part because of the existing gas station, also in part because I don't think you can imagine putting a house on that piece. So it makes sense to have that kind of use there. But the ACSC and that designation are in conflict. What we're asking for is we're asking for this board to give authorization to staff to work with us to craft an agreement with the Department of Community Affairs that would come back to you for final adoption that would establish reasonable development limitations for this parcel in light of its prior impacts. The second part of this request -- and I met with Nick at the request of Commissioner Coletta to make sure that because this is a one-owner property and only affecting one owner, there is staff time involved, and want to make sure that we are fair in compensating staff and the county for the time involved in assisting us with this. And in discussing it with Nick, what we developed was, the review of this is going to be something very similar to what would be an official interpretation. It's going to require some assistance from the county attorney and from planning staff. The application fee on an 01 is a thousand dollars. So we're proposing a one-thousand-dollar application fee, if you will, to address Page 24 September 28, 2010 staff time. And should staffs time exceed that, the applicant would be required to compensate staff for that, so that way we're not draining the county's budget or asking anything in particular from you. That's the nature of the request. I have met with several of you on this and be happy to address any questions you have at this time. CHAIRMAN COYLE: Okay. Any questions by the board? I have just one question, Mr. Hancock, and that concerns the extent of the property itself. The designation on the overhead indicates that the property extends into some wetlands, and it looks like a channel there. Does the property owner actually own those submerged lands? MR. HANCOCK: They are contained within the legal description. Submerged lands is, as you know, a tricky item. Our intent is not to develop the mangrove fringe. It's really just to develop on the upland portion of the site that you see here. Anything else would be limited to the possibility of maybe a narrow boardwalk through an area that is already impacted or would not impact the mangroves. But beyond that, really the focus here is on the upland portion of the site. CHAIRMAN COYLE: Okay, thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes. I'd be willing to bring this back for discussion on the regular agenda. CHAIRMAN COYLE: Okay. Is there a second? COMMISSIONER HALAS: Yes. CHAIRMAN COYLE: There's a couple of seconds and maybe a question. Second by Commissioner Halas. Is there a question, Commissioner Coletta? COMMISSIONER COLETTA: I just wanted to seek some input from the county attorney. This is something that requires -- what's the simplest way to be able to handle this? MR. KLATZKOW: Not sure yet. We're going to have to get Page 25 September 28,2010 with Mr. Hancock and staff over at Horseshoe and see what the most expedited process would be. eHAIRMAN COYLE: Commissioner-- MR. KLATZKOW: This isn't something we do every day. CHAIRMAN COYLE: Commissioner Fiala, would you consider a possible amendment to your motion or additional guidance to staff that we approve the request to work with staff to formulate an agreement that would come back to us for approval? At least we could get you started rather than waiting till the next -- COMMISSIONER FIALA: Yeah, that cuts another step out. CHAIRMAN COYLE: I think that was your intent. COMMISSIONER FIALA: That's a great idea. Thank you very much. I will amend my motion to say that. COMMISSIONER HALAS: That will be in my second. CHAIRMAN COYLE: Okay. All right. It's in the amended motion and the second. Commissioner Coletta, did you finish? COMMISSIONER COLETTA: That covers it, thank you. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: The other thing is the application fee of a thousand dollars. But if we find that there's more time involved in this, I think maybe we ought to also include in the motion that whatever other expenses are in there, that the petitioner will pay for that; is that fair for you? CHAIRMAN COYLE: Yeah. And he's placed that on the record. MR. HANCOCK: Yes, sir, that is fair. CHAIRMAN COYLE: That's a good thing to include. MR. KLATZKOW: And that includes all advertising costs and the like. eOMMISSIONER HALAS: Yes. MR. HANeOCK: And also, just so you know, even if we reach Page 26 September 28, 2010 this agreement and the board does adopt it, we still have to come back for the land issues under a rezone, so those will be addressed at a later time also. CHAIRMAN COYLE: Yeah, okay. Very well. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It is approved unanimously. MR. HANCOCK: Thank you. MR.OCHS: Commissioner, Item 6B has been continued. Item #6C PUBLIC PETITION REQUESTED BY MS. KATHLEEN H. REYNOLDS OF THE EARLY LEARNING COALITION OF SOUTHWEST FLORIDA REGARDING REQUEST FOR FUNDING - PRESENTED; DIRECT STAFF TO WORK WITH COALITION TO COME UP WITH ALTERNATIVES TO FUNDING - CONSENSUS MR.OCHS: That takes us to Item 6C on your agenda, a public petition request by Ms. Kathleen H. Reynolds of the Early Learning Coalition of Southwest Florida regarding requests for funding. MR. MITCHELL: Commissioner, we have two people who have filed speaker slips. It should be pointed out to them that they'll be speaking under Item 11 on the agenda. eHAIRMAN eOYLE: And what that really means is we don't Page 27 September 28, 2010 take public speakers for petitions and, unfortunately, what you'd have to do if you wanted to speak in favor of this, you'd have to wait till the end of the meeting today. That's problematic. MS. REYNOLDS: I think it would be, yes. CHAIRMAN COYLE: Would the board indulge me if I were just to ask the two speakers if they support this petition rather than having the presentations? Who are the two speakers? MR. MITCHELL: We have Mr. Remington and Mr. Robinson. CHAIRMAN COYLE: Okay. Mr. Robinson here? MR. ROBINSON: Yes. MR.OCHS: Over here, sir. CHAIRMAN COYLE: Are you both in favor of this petition? MR. ROBINSON: Yes. MR. REMINGTON: Yes. CHAIRMAN COYLE: Okay. Thank you very much. MS. REYNOLDS: Thank you. And I thank all of you for the time that I've had in meeting with you and really trying to explain the complexities of early childcare funding. I was a school superintendent for a lot of years, and I thought that was complex. It's nothing compared to funding for early learning, believe me. CHAIRMAN COYLE: You ain't seen nothing yet. MS. REYNOLDS: Our request to you is that you ask -- allow us to have staff see if they can identify a funding source for a hundred and -- the required match for Collier County of $141 ,000 that would then allow our board of directors to commit $2.3 million. Let me say that again, $2.3 million of federal money for the working poor in Collier County. The total package allows 500 people who are currently employed in Collier eounty -- these are not new jobs. These are people who are working, and the only reason that they're working is because we're Page 28 September 28, 2010 able to subsidize childcare. Without -- I've learned at this late stage of my life, without subsidized childcare, people cannot go to work. I am growing in awareness of the complexities of childcare funding in this state. The bottom line of the requested match of $141,668 is that it supports 500 people. Not new jobs. These are people who are already working in Collier County. The cost to the Board of eounty Commissioners is approximately $300 per job for individuals, again, presently working and contributing to Collier's economy. The Early Learning Coalition receives from the state $5,731,078 to expend for subsidized childcare in Collier County. Of that number, $3,369,940 is committed by our board of directors to mandatory expenditures for children determined to be at risk or for children from families receiving temporary cash assistance. $2,316,138 has been set aside by our board of directors, of which John Remington is the chair, governor-appointed chair of the coalition, for the working poor category in Collier County. These funds can be expended only if the 6 percent match of $141,668 is received in matching funds or in-kind contributions. Matching funds, in most instances that I am familiar with across the entire state, do come from the Board of County Commissioners. The return of a little more than $16 for each dollar in match in general is seen as an excellent return on investment. The intent is to keep people employed, and this population would no longer be able to work without subsidized childcare. Subsidized childcare for the working poor as stated is a function of the ability of the board of directors of a coalition to garner required match- funds for in-kind contributions. In the working poor category, 94 percent of funding comes from federal dollars, and that's keeping, right now, 500 jobs filled in Collier eounty. The remaining 6 percent is required by the state for the Early Learning Coalition to use that 94 percent. Page 29 September 28,2010 The request to the Collier County Board of County Commissioners is to authorize staff to identify a funding source from grants or for some other funding stream that would permit these 500 people to stay employed and to continue to contribute to Collier's economy. And I'd be happy to answer any questions. CHAIRMAN COYLE: Thank you very much. Commissioner Halas? COMMISSIONER HALAS: Yes. Ms. Reynolds, have you approached the school board in regards to this? It seemed to me this would be an area of their concern since this would be in regards to pre-kindergarten and basically trying to get these children on the fast track so -- the learning ability so when they go into school, regular school, they would be well prepared. Our stand has been in the past that we really don't want to get involved with nonprofits because once we open the door, then we'll have 600 nonprofits beating on our door. I think that if you -- I'm not sure if you've checked with the school board. Have you checked with the school board on this? MS. REYNOLDS: I have not checked with the school board. And the agency that we work for, our bosses, if you will, in Tallahassee, is the Agency of Workforce Innovation. This is not -- this particular portion is not part of VPK, and the focus here is on economic development. That's why, in order for us to receive subsidized childcare for the working poor -- these are the people who are serving you coffee in the morning, working in Publix, cutting your lawn, making the beds in hotels. In my experience -- and I don't have a list -- but the majority of coalitions receive their match-funds from Board of County Commissioners because it's understood that this particular component, this $2.3 million that I'm talking about that the state will give us for working poor to keep people working in this county, is about Page 30 September 28, 2010 economic development. And I ask you please to consider that, $141,000 to bring down $2.3 million. From my perspective, gentlemen, that's a pretty good deal. COMMISSIONER HALAS: But do you understand where we're coming from, that we've had a number of nonprofits that's come before the Board of County Commissioners and they've stated in the past where they'd like us to get involved in this, and we basically have had a pretty steadfast rule that we're not going to get involved with nonprofits, because we don't know then where to draw the line. MS. REYNOLDS: I do understand that, but I would vouchsafe, there is probably no nonprofit that has come before you and said, if you can authorize an expenditure of $141 ,000, you will get in return, for people working in this county, $2.3 million. I do not believe there is any other nonprofit that can make that statement. COMMISSIONER HALAS: Thank you. CHAIRMAN COYLE: Just for clarification purposes, let me ask you a question. Are you asking us to take a look at the current grant allocations that we get for the purpose of maybe reallocating some of that for this purpose, or are you asking us to donate additional money to this program? . MS. REYNOLDS: I'm asking you to look at all of the funding streams that you have available, including grant funding, and to see if somehow there isn't some way that this county could come up with a required match of$141,000 so that we could keep the 500 people currently working under this subsidized childcare funds, could continue to work. CHAIRMAN COYLE: Okay. Thank you. MS. REYNOLDS: I have no -- I don't care where the money comes from. I'm just asking. eHAIRMAN eOYLE: But you know we do. MS. REYNOLDS: I know that you do, and I'd really appreciate Page 31 September 28, 2010 your looking for it. CHAIRMAN COYLE: All right. Thank you very much. Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. Thank you very much for being here today. I understand what you're saying, for the dollar that's invested, there's a return of $20 for every dollar? MS. REYNOLDS: A little over $16 actually, 16.47, I think it is. COMMISSIONER COLETTA: Okay. But it's a substantial amount of money. And the whole thing is, it's used to allow working people to stay and work. MS. REYNOLDS: That's right. COMMISSIONER COLETTA: It also would hire a number of people to be able to keep them gainfully employed during these tough economic times. So a little bit of economic incentive is built into this. However, my Commissioners have been telling you about the budget, and the budget is extremely tight. I mean, this is -- it's unbelievable how much cutting we did to be able to get to where we are today to be able to offer some relief for the residents of Collier County . However, there is some things that I need to clarify. One, we have made exceptions in the past. We've made exceptions for everything from school nursing, David C. Lawrence Center, the-- there was other issues. The bus system that we have within Collier County. Even though we get a lot of funding for it, we spent tax money on that to subsidize it to make it go forward. So it's not unheard of for this county government to extend itself past the bounds of what's mandated and what isn't mandated where we go. What I'd like us to look at is -- I realize the budget's tight and the idea of reallocating any money within our present budget is just about an impossible thing at this point in time; however, with that said, there's some amazing things that can be done when good men put their Page 32 September 28, 2010 minds together, and women, too, by the way. CHAIRMAN COYLE: And women, too. COMMISSIONER COLETTA: I caught that in time, thank God. MS. REYNOLDS: Thank you, Commissioner Coletta. COMMISSIONER COLETTA: Put their minds together to be able to see what can be done. What I'd like to do is see if we could direct staff to sit down and be able to see what the possibilities are and report back to us. It shouldn't be that difficult. Like Commissioner Coyle mentioned, the reallocation of grant money that's coming in might be a great possibility. I mean, one time we got a clinic underway; not by spending the taxpayers' money that we received through ad valorem, by redirecting and getting recognition for money that we spent on mandated programs to be able to be credited towards our fair share of it. So when you actually get down to it, there's a lot of possibilities. And what I'd like to see us do is direct staff to come back with something at a future meeting to see what the possibilities are to be able to try to move this very important program forward. CHAIRMAN COYLE: Okay. MS. REYNOLDS: I appreciate that very much, because I would say, if these 300 -- ifmy board cannot expend this money because we can't get the match, your increases for things like welfare and -- et cetera will increase. There will be an impact if we cannot support these currently working 300 individuals. So I would be extremely grateful if you'd take a look, and we're not in a rush. CHAIRMAN COYLE: Okay. Thank you. Commissioner Henning? COMMISSIONER HENNING: Just some real specific questions. You stated this was a federal grant? MS. REYNOLDS: They're childcare -- CeDBG, ehild eare/Development Block funding. And the State of Florida -- and it's Page 33 September 28, 2010 not true in all states -- now requires a 6 percent match for those funding. So 94 percent is coming down from federal dollars, 6 percent local match. COMMISSIONER HENNING: Is there any reason that you didn't come to the board during our budget hearings? MS. REYNOLDS: Probably just due to my naivete. I certainly have come to the board before about this issue. This is not my first appearance here. And I did try very hard, Commissioner Henning, to make an appointment to see you and discuss the matter some time ago. I have met with every other one of the commissioners. COMMISSIONER HENNING: Well, I just didn't want to waste your time again. I knew that you were going to appear today. And I know that you're a very busy person. MS. REYNOLDS: I am, as you are. COMMISSIONER HENNING: So just specific questions. The -- and you refuse to go on to the school board? MS. REYNOLDS: I'm not refusing to go to the school board. I will go to the school board. But I can tell you that, working with 30 other people in my role across the state, in just about every other instance it is the Board of County Commissioners that does support this because they do understand it is an economic development program, just as your Economic Development Council is. So yeah, we will do whatever we have to do so that our board of directors doesn't have to give back the $2.3 million. But the first stop for the coalitions is pretty much standard to go to the Board of County Commissioners unless, of course, the county is destitute, truly really broke, and there are some counties that get a waiver from the state for this. This is not one of those counties. COMMISSIONER HENNING: Thank you. eHAIRMAN eOYLE: Commissioner Fiala? eOMMISSIONER FIALA: Yes, thank you. I agreed with you, Commissioner eoyle, and also with eommissioner eoletta, and I Page 34 September 28, 2010 thought, possibly as we -- if we'd vote to ask staff to see if they can't find some money in there, maybe we could look into Housing and Human Services who already helps those lower income bracket people, and possibly there could be -- some of the grant funds that come into that department that could be used for something like this. As Commissioner Halas said, we -- we try to stay away from funding any not-for-profits, but possibly there's a way to work with grant dollars to help these people. I worry about children being left alone because there's no childcare for them. And you read that all too often, or left in a car while the parents are working. So hopefully we can find something like this, but we'll have to ask staff to look into their grant programs and see if money can be found. So we'll have to ask the county manager to direct staff to do that. CHAIRMAN COYLE: Is there -- do we have three nods to direct staff to work with the coalition -- COMMISSIONER HALAS: I'll-- CHAIRMAN COYLE: -- to come up with some alternatives, if there are enough nods to do that? County Manager, you've got at least three nods, probably four or five; four at least. MR.OCHS: Yes, sir. CHAIRMAN COYLE: There's one thing I would like to point out. We're talking about considering grant funding right now, and many times the public doesn't really understand what that means. When we get grants from the federal government, we're actually getting taxpayer money back to Collier County. MS. REYNOLDS: eorrect. CHAIRMAN COYLE: One of the bad things about government is when we pay taxes, the taxes go to local government, they go to state government, they go to the federal government, and then those higher levels of government allocate some of it -- they take out their Page 35 September 28, 2010 cut up there, and they allocate some of it back to local governments. So if we refuse to pursue grants, we're merely wasting taxpayer money. So we try to pursue as many federal grants as we can so that we can bring our tax dollars back to Collier County. To do otherwise is irresponsible. So although we might be looking at ways of helping fund your coalition, it should not be interpreted as an additional cost on taxpayers, because it isn't an additional cost on taxpayers. So with that -- COMMISSIONER FIALA: Well said. CHAIRMAN COYLE: -- explanation, the staff has the guidance they need from the board to work with the coalition. MR. OCHS : Yes, sir. CHAIRMAN COYLE: Okay. Thank you very much. MS. REYNOLDS: And I appreciate that very much. I just want to be clear though; this would not be funding the coalition. This is a commitment of funds to incentivize continuation of employment, and that is not an unheard of activity. For $300 we get ajob, and for this amount of money, we continue to have 500 people in Collier County employed. Thank you very much for your time. It's much appreciated, and I'll be in touch with your County Commissioner -- with your county manager. CHAIRMAN COYLE: Just, if you don't mind one bit of advice. MS. REYNOLDS: Sure. CHAIRMAN COYLE: Twice now you've been before us at least MS. REYNOLDS: Yes. CHAIRMAN COYLE: -- and we've suggested you talk with the school board. Please, please talk with the school board. MS. REYNOLDS: I will take you up on that recommendation. Thank you. Page 36 September 28, 2010 CHAIRMAN COYLE: Thank you very much. MR.OCHS: Commissioners, Item 6D is also continued to your next meeting. Item #9A 1. PEACEFUL L.C. 7770 PRESERVE LANE - REQUEST FOR 12 PARKING SPACES - MOTION (AS THE BOARD OF ZONING APPEALS) TO RECOGNIZE THE USE OF UHAUL RENTALS AS AN ALLOWABLE USE AND SPACES ALLOWED PER THE LDC - APPROVED AND MOTION (AS THE BCC) TO GIVE PETITIONER 6 MONTHS TO RESOLVE CODE CASE AND THEN BCC COULD CONSIDER WAIVING FEES - APPROVED MR.OCHS: That would move us to Item 9 on your agenda, sir, 9A. This item continued from the July 27,2010, BCC meeting. J. Peaceful L.C., 7770 Preserve Lane, request for 12 parking spaces. This item was brought by Commissioner Henning. COMMISSIONER HENNING: Thank you. At our last discussion item for this, there was concerns about a number of parking spaces. There was concerns about landscaping. I have a site plan, and I'll be happy to share with the other commissioners. The building and its use has a calculation for parking spaces, retail uses, office use, postal office, market, bakery, cleaning, kitchen restaurant, storage, interior. There's a total of 56 spaces, and the number of spaces allocated to the required uses is 40, so that's 16 extra spaces that can be used for other businesses. Also, it was provided to me by staff that under the PUD language under permitted uses included personal self-storage center group under SIe 4225. 4225, under our Land Development eode, is a C-4 use permitted, or a conditional use under it. Also under the PUD it states, Page 37 September 28, 2010 any other commercial uses or professional services which are comparable in nature with the foregoing use and which the development service director finds it compatible with the district. And I understand staff doesn't have an issue with this. There is a self-storage unit right behind the -- where the U - Hauls are being utilized today. There's one other issue that I really don't think that we need to address because it's under code enforcement. A prior tenant did some site work that is confused about the -- whether it was issued a permit. The owner of the property is taking care of the issue with that, getting -- obtaining the permits. The previous engineer of record passed away, so the owner needed to get a new engineer and is going through the process of cleaning it up, taking it to code enforcement, and let the Code Enforcement Board rule on that. That's a separate issue. Originally brought this up for the use ofU-Hauls. And I can tell you there are people in the area -- and in fact, somebody that I know -- that went down there to pick up aU-Haul. So I think the board previously, Mr. Klatzkow, recognized that this is a use within the PUD? MR. KLATZKOW: The board has the ability, sitting as a Board of Zoning Appeals, to find that this use is compatible within the PUD. COMMISSIONER HENNING: Okay. And would that be necessary to have a motion on that? MR. KLA TZKOW: Yes. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: You want to hear from the speakers? The speakers are not doing the petition on their own? This is your petition? COMMISSIONER HENNING: It's actually a -- not a petition. It's just trying to keep somebody in business up there. eHAIRMAN eOYLE: Okay. We have a -- two public speakers, Page 38 September 28, 2010 I believe. MR. OCHS: No, just one speaker. CHAIRMAN COYLE: One public speaker. Okay. MR. MITCHELL: Michael Saadeh. MR. SAADEH: Good morning, Commissioners. Just briefly. I've approached Commissioner Henning to try to place the item on the agenda. I'm not a lobbyist today. I'm at a capacity -- I've never been a lobbyist. I'm just here as a capacity as a friend of Mr. Chami. I've seen him go through some hardships with his business, some of it with, you know, permitting issues, others with just financial issues. And he recently had some family tragedy as well. His mother passed away last couple weeks, so I've offered to come in and help him and get this thing squared away. Realize he doesn't have a lot of time himself based on his schedule, trying to support the business and his family, so I volunteered to walk through the items with the staff and with the board and continue on the other issue that was brought up separately, this code enforcement. I'm trying to help him get the engineer in place and get the permits in place to clean that up and see it through fruition. Again, as just a -- as a friend and as a concerned citizen. I have no financial or vested interest in this whatsoever. So I ask you today to please focus on the item at hand with the spaces having 16 spaces more than what's required for the use would be more than ample to allow him 12 spaces utilized for U-Hauls so he can continue to run that business through his business. Otherwise, if you have questions, I'll be happy to entertain anything you have. CHAIRMAN COYLE: Okay. Thank you. Commissioner Halas was first, I think. COMMISSIONER HALAS: I understand the concern here, but Mr. ehami has basically, in the past, has not been cooperative in getting some of the issues taken care of. I think that before I can vote Page 39 September 28,2010 for this thing in a positive manner, that ifhe gets the other two code cases taken care of, then I -- for all practical purposes, I would then vote in favor of the additional parking spots, but I believe that that should be taken care of first. Whether or not -- because of the past experiences we've had, and -- so if he can get those taken care of, then comes back, then we'll-- or gets it taken care of and it's assured by staff it's done, then I can vote for the parking spots. But I can't vote for the parking spots with these two outstanding code cases. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. And I hear you. I think that was part of the concern when it came before us before was the code violation cases and the fact that they weren't being resolved; however, with that said, we're in unusual circumstances that prevail out there as far as our business community and trying to survive in this very difficult climate. What I would suggest, when the time does come for a motion, that we offer him a six-months' ability to be able to do business as he amends the other code cases, then it would come back to us for review at six months whether we can continue it. If he has completed the code cases and they're no longer an issue, it could be put on the consent agenda, and then we'd be done with it, and he'd be able to proceed, and this way he'd be able to go forward now as he works his way through taking care of the code cases, with the understanding that within six months, if he didn't do it, it would become part of our regular agenda and he would be back before us . agaIn. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Well, first let me ask what Commissioner Henning feels about that proposal. COMMISSIONER HENNING: Well, Commissioner, right now the -- there was a ramp that was put in that created the code case, and other things. It had to deal with a particular businessperson within the Page 40 September 28, 2010 building who is no longer there. Correct me if I'm wrong, in order for him to fill that space that was previously rented, he's still going to have to comply with the code cases prior to renting it out? MR.OCHS: Yes, sir, that is my understanding. COMMISSIONER HENNING: And so no matter what, he has an incentive to correct those items in order to rent it out. This issue with the U - Hauls is an ancillary use to a service station, gas station, or whatever. You know, if the board wants to, if they're leaning more towards not ruling on this until he fixes the code case up to six months, I'd rather continue the item. But I know Mr. Chami has been here quite a number of times, and I would like to get it off the books and let staff and Mr. Chami work out those code issues. CHAIRMAN COYLE: Could I get an explanation as to where we are with respect to that? Mr. Saadeh, you want to speak on behalf of Mr. Chami for this issue? MR. SAADEH: Commissioner, my understanding is -- not that it's relevant -- but there's only one case, not two. CHAIRMAN COYLE: Okay. MR. SAADEH: And the code case right now is making that space that was utilized for pool services back up to code and get the proper permits after the fact and whatever. You know, actually, you know, we have no objection to Mr. Coletta's motion as long as he can continue to operate for six months. We're more than confident that the code case will be resolved way -- you know, by the six-month time or sooner, and then it can go on the summary agenda or executive or, you know, whatever agenda you would want without having to have another meeting on it. That would be acceptable. There's only one code case. eHAIRMAN eOYLE: Yeah. I -- like some of the others, I am tired of hearing this case, and I also don't want to create an undo Page 41 September 28, 2010 financial burden on Mr. Chami's business, particularly during today's economic problems. And I'm sure he's -- would be just as happy not to come back. MR. SAADEH: Sure. CHAIRMAN COYLE: But I'm looking for a way where we can meet the requirements of all the commissioners so that we can get this out of the way, and one of those might be, if we said, okay, you can use 12 parking spaces -- you have an additional 12 parking spaces to use. Is he asking that it be used specifically for U-Haul trucks? MR. SAADEH: No, sir. He's just trying to comply with what the staff is saying, that -- to have the U - Haul use, we would like you to have, you know, additional spaces earmarked. That's the reason he did the study, and they realized that he's got 16 spaces available that were extra over and above what's required. CHAIRMAN COYLE: Okay. So-- MR. SAADEH: So as long as staff is satisfied, we have no problem with it. CHAIRMAN COYLE: Ifwe were to recognize that there are adequate parking spaces there for his contemplated business, then that would be -- that would solve one problem; is that correct? MR. SAADEH: Yes, sir. That's my understanding. CHAIRMAN COYLE: Let's take these in sequence. Nick, tell us about it. MR. CASALANGUIDA: I'm trying to help you if I can, Commissioners. I hope I don't make it worse. There are two existing code cases. One is for the land use item, which you as the Board of Zoning Appeals can make a call on that. The other one is a building permit violation. Both of them are accruing fees as we speak. He has hired a new engineer. Staffhas spoken with the new engineer. They're hoping to submit next week on that, and then we'll go through the review process on the building permit. Page 42 September 28, 2010 Just approving the parking spaces, you'd have to do that as the Zoning Board of Appeals. And in doing so, it would go back to the Code Enforcement Board, and that case would just disappear. It would be found in error because you approved the use. Then the other issue, he would just go through the building permit process. Now, the other issue on the building permit, it's accumulating fees, and so the board has some, I would say, leverage in the sense that he's going to ask for those fees to be waived when he comes into compliance. And if he doesn't do that anytime soon, then the board has the discretion not to want to waive those fees. So I think he has some incentive to come forward. And by talking to his engineer, he's working on the project. So you could grant that Zoning Board of Appeal's decision that it's a legal use, and then let him know that if he doesn't expediously (sic) work towards fixing that building permit issue, that you're not going to be that lenient on waiving any fees, if there are any. CHAIRMAN COYLE: Could we specify ifhe -- ifhe solves the cases, the code cases, within a specified period of time, there will be no fees? MR. CASALANGUIDA: I think he -- you could. CHAIRMAN COYLE: Tell us what a reasonable period of time . IS. MR. CASALANGUIDA: In fairness to both parties, I would say let's give him six months. Sir? COMMISSIONER HALAS: How much -- why would we want to give him six months? Can't he just pay the permit, and then we can move on with this? MR. CASALANGUIDA: He's going to have to submit the permit plans. There could be review comments, and we want to work with him on that. You could be less than six months. You could go Page 43 September 28,2010 three just to keep him -- you know, hold everybody's feet to the fire. We would review it quickly. But a set of plans will come in, and we'll review them. And based on comments we've given him, they should be clean. But you could go as little as three. COMMISSIONER HALAS: Because I feel that if we go ahead and give him the opportunity to use those spaces today, then it's like, how are we going to hold his feet to the fire in regards to this? I think what he needs to do is get this taken care of with the idea that as soon as it's taken care of, he then gets his 12 parking spots for his U-Haul trailer. MR. CASALANGUIDA: It's the board's decision. CHAIRMAN COYLE: Well, one of the ways to hold his feet to the fire is with the code enforcement fees that are coming up. Ifwe say to him that we'll waive those fees if he gets it done within a certain period of time, that's -- that is substantial incentive for him to get it done, I believe. Would the staff agree with that? MR. CASALANGUIDA: I would agree with that, sir. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Okay. We need to bring this to some sort of conclusion. We've got two different paths we can go on. One would be -- the simple one would be, within six months to resolve this. And if it's resolved, then it would be on the consent agenda recognizing that fact to go forward. We could also include in there that we would waive the fees that was -- the -- what do you call it, the fines -- CHAIRMAN COYLE: Yeah. COMMISSIONER COLETTA: -- the penalty fees, as part of that -- as that one continuous motion. And I'm a little reluctant to make that motion without hearing from my fellow commissioners. But I think that would encompass everything in there in one and help us move this forward, you know, to give him the incentive to go Page 44 September 28,2010 forward. I don't want to see us take away those spaces and tell him that when he gets everything done he can have them back. It may be the straw that breaks the camel's back if we do that. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Yeah. Let me make a motion and see where it goes. Acting as the Board of Zoning Appeals, I make a motion that we recognize the use of U - Hauls within this PUD in a particular parcel not to exceed any parking spaces per our Land Development Code. It's very important. And acting as the Board of Commissioners, to give Mr. ehami up to six months to straighten out the code case, and staff would bring that back at a further time and -- for the board's consideration to waive those fees. So that takes care of the use and the concerns about the code case. COMMISSIONER COLETTA: I don't have a problem with the motion. Just one thing. If we have to come back to consider waiving them at the end of the six-month period, then that's another step that we get involved in the whole process, and would that really be necessary? I mean, if he complies, can't we just say now would be the time that we direct staff that, if he does complete it within six months, that those fees would be waived? COMMISSIONER HENNING: I believe that we've had these similar issues on the agenda previously -- correct me if I am wrong, Leo -- that we need to take action on code cases? MR. OCHS : Yes, sir. They typically come under your consent agenda when the board makes that kind of decision on a fee waiver. COMMISSIONER HENNING: So is my motion proper to the -- what we have done in the past? MR. OCHS: Yes, sir. It's consistent on the code issue. eOMMISSIONER HENNING: Okay. eOMMISSIONER eOLETT A: I'll be happy to second your Page 45 September 28, 2010 motion with the -- with the premise that if it fails, I'd like to make a different motion. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: Okay. Could I ask for a clarification of the first motion? And let's try to take these -- now that we've got an understanding of what they're both going to say, we'll, of course, have to take them separately. Bit if we'd just take the first one with the board acting as the Board of Zoning Appeals. COMMISSIONER HENNING: And your question is? CHAIRMAN COYLE: What -- would you clarify the first motion? COMMISSIONER HENNING: Well, the first one is to recognize that U-Hauls, rental trucks, is an allowable use within the PUD. CHAIRMAN COYLE: Okay. And that does or does not deal with the allocation of parking spaces? Will it solve the concern about the parking spaces? COMMISSIONER HENNING: Yes. And it also -- CHAIRMAN COYLE: Does everybody agree? MR. KLATZKOW: He's allowed the number of parking spaces under the LDC. CHAIRMAN eOYLE: Okay. COMMISSIONER HENNING: And he can't exceed them. MR. KLATZKOW: He cannot exceed them. CHAIRMAN COYLE: All right. Commissioner Fiala? COMMISSIONER FIALA: I would just like to -- you don't need to include this in your motion, but I would like to say to Mr. Chami, and especially Michael, that it would certainly look very good for Mr. Chami ifhe managed to get this done in less than six months. It would show his interest in doing that, and also to keep his property looking good, especially that landscaping, rather than let it deteriorate . agaIn. Page 46 September 28, 2010 MR. SAADEH: Absolutely. COMMISSIONER FIALA: Just wanted to put that on the record. COMMISSIONER HENNING: By the way, it does look really . nIce. COMMISSIONER FIALA: Right now it does. CHAIRMAN COYLE: Let's take the first motion, okay. There's a motion to -- for the Board of Zoning Appeals to make a ruling that U - Haul use is consistent in this PUD, is a consistent use within this PUD, and it's made by Commissioner Henning and seconded by Commissioner Coletta. COMMISSIONER COLETTA: Question? CHAIRMAN COYLE: Okay, question. Go ahead. COMMISSIONER COLETTA: Does it take three or four votes to make this pass? MR. KLATZKOW: Three. COMMISSIONER COLETTA: Okay. Thank you. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Okay. It passes 4-1 with Commissioner Halas dissenting. Now let's take the second motion. COMMISSIONER HENNING: Well, the second motion is demand that Mr. Chami brings the code case to closure within six months and direct staff to put it on our agenda within that six-month period, and for the board's consideration to waive those fees once the Page 47 September 28,2010 code case is closed. COMMISSIONER COLETTA: I'll second that if you change demand to require. COMMISSIONER HENNING: Require. That's an amendment. CHAIRMAN COYLE: Okay. Motion by Commissioner Henning, second by Commissioner Coletta. Any discussion? (No response.) CHAIRMAN COYLE: All in favor, please significant by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Okay. It passes 4-1 with Commissioner Halas dissenting. MR. SAADEH: Thank you very much for your time. CHAIRMAN COYLE: I hope we don't ever have to do this . agaIn. MR. SAADEH: Should be done. Thank you. Item #9B RESOLUTION 2010-196: RESOLUTION IN SUPPORT OF CONGRESSIONAL ACTION REGARDING PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAMS - ADOPTED MR.OCHS: Commissioners, that takes you to Item 9B on your agenda. It is a resolution of the Board of eounty eommissioners in support of congressional action regarding Property Assessed Clean Page 48 September 28, 2010 Energy; that's the PACE program. This item was brought at Commissioner Coletta's request. Commissioners, this relates to the presentation you heard earlier from Ms. Price. COMMISSIONER COLETTA: Yeah. Commissioner-- COMMISSIONER HALAS: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Halas, second by eommissioner Fiala. MR. MITCHELL: Sir, we do have a public speaker. CHAIRMAN COYLE: A, one? MR. CORNELL: I'll waive. I like the direction it's going. CHAIRMAN COYLE: Thank you, Brad. Okay. Now, let's all vote no against the motion. All in favor -- oh, you had a question, Commissioner Coletta. COMMISSIONER COLETTA: No, no, I'm fine. CHAIRMAN COYLE: Any discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) eHAIRMAN COYLE: It passes unanimously. Item #9C RESOLUTION 2010-197: APPOINTING PAUL L. GETTER AND Page 49 September 28, 2010 LISA F. CANNON TO THE BLACK AFFAIRS ADVISORY BOARD - ADOPTED MR.OCHS: Item 9C is appointment of members to the Black Affairs Advisory Board. COMMISSIONER FIALA: Motion to approve Paul Getter and Lisa Cannon. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Okay. Motion to approve Paul Getter and Lisa Cannon. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Item #9D RESOLUTION 2010-198: RESOLUTION APPOINTING ROBERT F. MESSMER TO THE BA YSHORE BEAUTIFICATION MSTU ADVISORY COMMITTEE - ADOPTED MR.OCHS: 9D, appointment of members -- member, excuse me, to the Bayshore Beautification MSTU Advisory Committee. COMMISSIONER HALAS: Motion to approve Robert F. Messmer. eOMMISSIONER FIALA: Second. eHAIRMAN COYLE: Okay. That's a committee Page 50 September 28, 2010 recommendation. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Item #9E RESOLUTION 2010-199: RESOLUTION RE-APPOINTING ELIZABETH PERDICHIZZI AND CRAIG WOODWARD TO THE HISTORICAL AND ARCHAEOLOGICAL PRESERVATION BOARD - ADOPTED MR.OCHS: Item 9E is appointment of members to the Historical and Archaeologic Preservation Board. COMMISSIONER FIALA: Motion to approve the committee recommendation, Elizabeth Perdichizzi and eraig Woodward. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Okay. Motion made to approve committee recommendation by Commissioner Fiala, second by Commissioner Halas. Any discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify saying aye. COMMISSIONER FIALA: Aye. eOMMISSIONER HALAS: Aye. eHAIRMAN eOYLE: Aye. Page 51 September 28, 2010 COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Item #9F RESOLUTION 2010-200: RESOLUTION RE-APPOINTING STEPHEN J. HRUBY, SALLY A. MASTERS AND KENNETH KELL Y AND APPOINTING STUART WARSHAUER TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE- ADOPTED MR.OCHS: 9F, appointment of members to the Affordable Housing Advisory Committee. COMMISSIONER HENNING: Make a motion to reappoint the members, would be Steve Hruby, Sally Masters, and Ken Kelly. CHAIRMAN COYLE: And there was a -- one member to fill a term to expire. COMMISSIONER HENNING: Yeah. CHAIRMAN COYLE: Stuart Warshauer. COMMISSIONER HENNING: Correct. That's part of the motion. CHAIRMAN COYLE: Right. And there's a motion by Commissioner Henning to accept the committee recommendations to make the three reappointments, and Stephen Warshauer to the vacancy created by the resignation. Is there a second? COMMISSIONER FIALA: Second. eHAIRMAN eOYLE: Second by Commissioner Fiala. Any discussion? Page 52 September 28, 2010 (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It is approved unanimously. MR. OCHS: Commissioners, would you like to take a break at this time for the court reporter? CHAIRMAN COYLE: That would be perfect, yes. MR. OCHS: How long, sir? CHAIRMAN COYLE: Forty-five minutes. No, we'll do a ten-minute break. MR.OCHS: Okay. (A brief recess was had.) MR.OCHS: Mr. Chairman, you have a live mike. CHAIRMAN COYLE: We're back in session. Where are we going now, County Manager? MR.OCHS: We're going to Item 10 on your agenda, sir, County Manager's Report. Item #10A ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY MANAGER - APPROVED MR.oeHS: Item lOA is a recommendation to complete the Annual Performance Appraisal for the county manager. Page 53 September 28, 2010 Commissioners, consistent with my employment agreement with the board, the agreement calls for the development of an annual work plan and then a subsequent self-appraisal submitted by the county manager and then a review by the County Commission. All of those items have occurred within the time frames laid out in the employment agreement. The board has completed their analysis and review. We've compiled the results. They're hi your executive summary, and the last thing to do is to complete the evaluation this . mornIng. CHAIRMAN COYLE: Okay. MR. OCHS: So I'm available to answer any specific questions or CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Well, you know what, Leo? You have done an outstanding job this year. And even going through everybody's lists, I couldn't see any suggestions for you to do a better job because you're already doing a great job. And from what I hear, even from the employees, they love working with you. Of course, they've worked with you for 23 years. So I just want to say, great job, keep up the good work. MR.OCHS: Thank you very much. COMMISSIONER HALAS: Motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay. Motion to approve what? Your job performance? COMMISSIONER FIALA: The acceptance -- CHAIRMAN COYLE: Annual Performance Appraisal. MR. OCHS: Completing -- excuse me. Completing the annual performance review, as I indicated in my evaluation and again in the executive summary, due to the difficult budget conditions and the guidance that was given by the board this fiscal year that no Page 54 September 28, 2010 employees are to receive any raises or merit pay, I certainly want to follow form. Also, before you take the vote, I would be remiss if I didn't thank the board for this past year for the support and the encouragement and the direction that you've offered to me and to our staff. It's certainly an honor to work for this board and pleasure to work for the community, and certainly also an honor to work with this great staff, because this good review is really a reflection of their efforts on my behalf and certainly on the board's behalf. So I thank you all. CHAIRMAN COYLE: Well, that's certainly true. And on behalf of the entire board, I'd like to express my appreciation for what you've done under very, very difficult circumstances. And you understand that one of the dangers of getting such a high performance appraisal your first year is that the only way to go is down from there. MR.OCHS: Thanks for that reminder, sir, again, that encouragement, very well. CHAIRMAN COYLE: I know that you're working six hours a day (sic), at least 12 hours a day, but that still leaves Sundays. MR. OCHS: That's right. CHAIRMAN COYLE: So we expect an additional commitment from you for next year. MR. OCHS : Well, the staff always says about weekends around there, that it just means there's two more workdays till Monday. CHAIRMAN COYLE: Yes, that's the way it is, yes. Okay. All right. We have a motion by Commissioner Halas to approve, and I think the second was Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN eOYLE: Aye. eOMMISSIONER eOLETTA: Aye. Page 55 September 28, 2010 COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Item #10B REVIEW OF THE FY2011 ANNUAL WORK PLAN FOR THE COUNTY MANAGER - APPROVED MR.OCHS: Thank you. Item lOB is a recommendation to review and approve the Fiscal Year 2011 Annual Work Plan for the county manager. Again, Commissioners, consistent with the employment agreement, the agreement calls for the submission of an annual work plan to be presented to the board prior to 1 October every year. You have that plan in Item 1 OB. You'll notice that the format is similar to prior years' goals, and they've been updated to reflect the priorities for fiscal year' 11 and the funded programs for fiscal year' 11. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Coletta, second by Commissioner Halas. Any further discussion? Commissioner Henning? COMMISSIONER HENNING: I like your direction in the recent past about, you know, the economic development task force. There's some key things dealing with issues that are here today. And I appreciate you recognizing those and encourage you to keep your eye on the ball. MR.OeHS: Yes, sir. COMMISSIONER HENNING: Thanks. That's all. Page 56 September 28,2010 CHAIRMAN COYLE: Okay. All in favor, please -- COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: -- please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Item #10C AGREEMENT BETWEEN COLLIER COUNTY AND DR. MARTA U. COBURN, M.D., FLORIDA DISTRICT TWENTY MEDICAL EXAMINER DBA DISTRICT TWENTY MEDICAL EXAMINER, INC. TO PROVIDE MEDICAL EXAMINER SERVICES FOR FISCAL YEAR 2011 AT A COST OF $1,041,300; A REDUCTION OF $52.200.00 - APPROVED MR. OCHS: Commissioner, that takes us to Item 10C on your agenda. It's a recommendation to approve an agreement between Collier County and Dr. Marta Coburn, M.D., Florida District 20 Medical Examiner doing business as District 20 Medical Examiner, Incorporated, to provide medical examiner services for fiscal year 2011 at a cost of $1,041,300, which represents a reduction of $52,200 from the prior fiscal year. CHAIRMAN COYLE: Motion to approve. COMMISSIONER HENNING: Second. eOMMISSIONER eOLETTA: Second. CHAIRMAN eOYLE: All in favor, signify by saying -- Page 57 September 28, 2010 COMMISSIONER FIALA: I just have a question. CHAIRMAN COYLE: Okay. We don't have time for questions. We're moving along. Go ahead. COMMISSIONER FIALA: I just have a question. Did Marta, Dr. Coburn, keep the wages frozen in her department just like everybody else? MR. SUMMERS: Yes, ma'am, that is correct. Her wages have remained frozen. Her work here has been done with -- her reductions have been done as operational cost reductions. COMMISSIONER FIALA: Very good. Thank you very much. MR. SUMMERS: Thank you, ma'am. CHAIRMAN COYLE: Okay. MR. SUMMERS: Dan Summers, for the record. CHAIRMAN COYLE: Okay, Dan. Thank you very much. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. MR. OCHS: Commissioners-- CHAIRMAN COYLE: You got the motion maker and second, did you? Okay. Item #IOD PURCHASE OF LIABILITY, AUTOMOBILE, WORKERS COMPENSATION, FLOOD, AIReRAFT, AND OTHER INSURANeE AND RELATED SERVleES FOR FYII IN THE Page 58 September 28, 2010 AMOUNT OF $1,718,637; A REDUCTION OF $100,125.00- APPROVED MR.OCHS: Item 10D is a recommendation to approve the purchase of liability, automobile, workers' compensation, flood, aircraft, and other insurance and related services for fiscal year 2011 in the amount of$1,718,637, which is a reduction of$100,125. Mr . Walker will present if required, sir. CHAIRMAN COYLE: Motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Motion by Commissioner Coyle, second by Commissioner Halas. Any discussion? (N 0 response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Good presentation. It was -- it's approved unanimously. Thank you. MR. WALKER: Thank you. Item #10E RESOLUTION 2010-201: RESOLUTION REPLACING AND SUPERSEDING RESOLUTION 2010-25, THE eOLLIER eOUNTY PARKS AND REeREATION DEPARTMENT FAeILITIES AND Page 59 September 28, 2010 OUTDOOR AREAS LICENSE AND FEE POLICY, IN ORDER TO INCREASE BOAT LAUNCH FACILITIES FEES FROM $5 TO $8 AT ALL COLLIER COUNTY PARKS AND RECREATION DEPARTMENT PARKS AND MARINAS - W/PUBLIC NOTIFICATION AND SETTING THE EFFECTIVE DATE AS NOVEMBER 1.2010 -ADOPTED MR. OCHS: Commissioners, Item 10E is a recommendation to adopt a resolution replacing and superseding resolution 2010-25, the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy in order to increase boat launch facility fees from $5 to $8 at all Collier County Parks and Recreation Department parks and marinas. Mr. Barry Williams, Parks and Recreation directer, will present. CHAIRMAN COYLE: Okay, Barry. Go ahead. MR. WILLIAMS: Commissioners, good morning. Barry Williams, Parks and Recreation director. I wanted to show you a visual of the most recent boat launch facility that we have available in Collier County. This is, of course, the Goodland boat launch, 77 spaces that we have at that location. We also have 22 boat slip wet slips. Commissioner Fiala, we had a -- kind of invited the neighbors when we opened in August, and we were getting nothing but extremely favorable responses. The Goodlanders are very pleased with the facility. COMMISSIONER FIALA: Barry, I've heard the same thing over and over, so I join in to say, it's a beautiful park. CHAIRMAN COYLE: Yeah. MR. WILLIAMS: And we will do a good job with managing that park in terms of -- in season, in particular, with the activity on the island. If the boat ramp does fill, we'll certainly be looking at ways to manage that. So we'll keep that commitment that was made to the Page 60 September 28, 2010 Goodlanders. What I wanted to share with you was just a discussion of our justification for an increase. And while we realize that the times that we're in, a boat launch increase, and a considerable one with $3, may seem extraordinary, what we'd like to point out is a couple of things. And first of all, just the amount of money the board in terms of developing water access for boaters for the 25,000 or so boaters that are -- that have registered boats in Collier County, over the last couple of years there have been considerable investment by the board in providing boater access. And the couple of examples that I listed, Collier Boulevard boat ramp in particular, the board, in their wisdom, took care of a major safety issue that we had on 951, a very popular location where boaters would, because of lack of parking space, basically be on the side of the road and causing a great deal of traffic concern. That project, with that being open -- Bayview Boat Park is undergoing a renovation now, which will expand that location. Our good partners at Coastal Zone Management are working through that project, and we're just about ready to begin that. Goodland Boat Park, of course, we mentioned, and Port of the Islands Marina. A couple of years ago the board chose to purchase that facility. So over the last couple of years, there's been a total of over $10 million that have been spent in boat launch facilities, a considerable investment for those that use this particular type of facility. When we put our budget together this year, what I wanted to share with you is just a simple table that we put together that describes where we currently are in terms of capturing fees associated with the boat launch operation. And what I have for you under each of the price points is data that reflect what our net cost to the general fund would be. And just to walk you through a couple of these -- for example, at Page 61 September 28, 2010 our current $5-a-launch price point, we have $145,000 that we get in other types of fees, and these tend to be fines associated with people parking -- not parking where they need to be, our boat slip rental, as well as our residential and commercial permits. So that's 145,000 that we're looking to get budgeted next year that we will seek. FYI!, at $5, we're estimating 46,000 launches. That should generate $230,000. Our cost to operate the boat ramp, which includes staff cost, the maintenance staff that are involved in the boat ramp, the rental of the boat slips, the percentage of staff cost associated with that, we're looking at roughly a half million dollars for the operating cost associated with the boat ramp. So when you look at that $500,000, you subtract the revenue that we have coming in, we're looking at a net loss or a subsidy, if you will, of25 percent of the boat launch operation, so $122,000. At $8 -- and that's our recommended price point. We feel like the $8 price point -- again, the $46,000 -- 46,000 launches will generate, at $8, 368,000. That will give us just a little bit over what our operating costs are for the year. So with that, we are bringing forward a recommendation to increase the boat launch fee. We have done, and last year in particular, talked -- with the help of Mr. Coletta -- with a variety of folks in the fishing recreation aspect, Naples Fishing Club in particular, to kind of ask them where our fee was in relationship to the other fees that were being charged. We don't seem -- it doesn't seem to be an unreasonable fee. The $5 that we've had, we've had since 2004, and so it's a fee that we've not looked at over the last six -- five or six years very closely. And when we're looking at the other private boat launch facilities, we're looking at, on average, people charging 10, $15 for a boat launch. So we think it's within a reasonable amount for folks to pay to launch into our area waters. So with that, I wanted to stop and just -- to see if you had any Page 62 September 28, 2010 questions or concerns. CHAIRMAN COYLE: Commissioners do have questions. Commissioner Fiala? COMMISSIONER FIALA: Yes. I had a question. On Page 2, I believe it is, you were talking about boat launch facilities, and then you were talking about the costs, $100 per vehicle for commercial permits, and then you also spoke of commercial entities purchasing a $500 permit. How much were they before? MR. WILLIAMS: We're not recommending a change for those. COMMISSIONER FIALA: Oh. MS. WILLIAMS: The $100 for the residential permit is where Joe Sixpack with their boat and trailer can go for $100 and have a permit for the entire year. The commercial aspect is, if you have an individual who's launching at our location for a commercial reason, they can pay either $100 and pay the boat launch fee every time they launch, or they can pay a one-time fee of $500 to get unlimited launches. COMMISSIONER FIALA: Okay, thank you. MR. WILLIAMS: You're welcome. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I'm more than a six pack. MR. WILLIAMS: Yes, sir. COMMISSIONER HENNING: Usually takes me an eight pack of water to get through a day. MR. WILLIAMS: Yes, sir. COMMISSIONER HENNING: When will this -- if the board approves your recommendations, when will this take effect? MR. WILLIAMS: This would take effect immediately. COMMISSIONER HENNING: Is that enough time to tell the community they need an extra $3? MR. WILLIAMS: We would do extensive advertising in the various -- not advertising, but communication. We would certainly Page 63 September 28,2010 issue a press release. We have a variety of outlets that we have that we would communicate to the boating public. We would talk to the folks that are most in the know for the residential permits, Naples Fishing Club comes to mind, and let them know through those normal channels that we use in terms of communication. We could delay if there was a desire by the board to delay implementing it to give adequate time. Certainly we could look at that. But typically, if the board were to determine that -- would make -- accept this recommendation, it would be effective today. COMMISSIONER HENNING: I believe other fee resolutions, that we gave something like a 30-day. I just think it's going to be -- you're going to have some unhappy people when they go to the -- I know it's only an extra $3, but some people don't prepare for extra. MR. OCHS: Commissioner, I agree with you. I think we need to set the implementation date sometime after the approval date either -- you know, 30 days seems very reasonable to me if that meets with the pleasure of the board. COMMISSIONER HENNING: Well, I think that's more than reasonable. CHAIRMAN COYLE: Yeah. COMMISSIONER HENNING: A lot of money. The -- if the board approves this, does this mean you'll have the Goodland boat ramp open up before redfish season? MR. WILLIAMS: Yes, sir, the Goodland boat ramp is open. We are closing for a few days. There are some finishing touches that we're making in preparation for the open house on October 9th. It will be open for season. COMMISSIONER HENNING: It will be open for red fish season? MR. WILLIAMS: Yes, sir. eOMMISSIONER HENNING: Okay, good. Page 64 September 28, 2010 CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER HENNING: Make a motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, seconded by Commissioner Fiala with the modification of the 30-day advertising period before for implementation. Okay. Commissioner Coletta? COMMISSIONER COLETTA: I just wanted to share an observation. I'm an active member of the Naples Fishing Club, and this is an issue that's been coming up for a long time. Whenever we had Barry or someone from the county come forward to speak to us, they would mention the fact that eventually the rates were going to have to be increased, that they've been held for -- how many years now has it been $5? MR. WILLIAMS: Six years, sir. COMMISSIONER COLETTA: Yeah, which is unrealistic. If you go to Everglades City, it's 20 to $25 to launch a boat. So when you get down to it, it's been a real bargain. And when we talked about it, they passed on the information that when they go fishing, their cost, just to get out the door to be able to cover costs and everything, between 100 and $150 for a day. When you get through with the cost of the bait, which can be as much as 30, $40 -- it's unbelievable how much it costs -- then the maintenance to the boat and the gasoline to be able to move it. Another $3 on top of the whole thing is almost negligible as far as it goes. The part I like about it too is that we probably in the past have overcharged the commercial aspects of the community, and this time we're not raising the rates on them. We're keeping that where it is. And would you please, for the benefit of the commissioners and the listening audience, tell us what it is we charge commercial fishermen and people that work on the water preparing docks or whatever? Page 65 September 28, 2010 MR. WILLIAMS: We have two rates for commercial launches at our boat launch locations. One is $100 where you pay and then you get -- you pay the launch fee for commercial. So if our launch fee was $5, you'd pay $100 initially and then pay $5 each launch, which doesn't seem like a big bargain. But then what you have is another rate for commercial where you could pay $500 and get unlimited launches for the year. COMMISSIONER COLETTA: And that's been the same rate now for how long? MR. WILLIAMS: Six years, sir. COMMISSIONER COLETTA: And I think probably we had it overpriced in the beginning. Thank you. MR. WILLIAMS: Yes, sir. CHAIRMAN COYLE: Well, we don't want to go back and retroactively reduce it. Okay. Commissioner Henning? COMMISSIONER HENNING: I forgot one item. Does that fee include your -- CHAIRMAN COYLE: The fish? COMMISSIONER HENNING: Yeah. Fileting the fish. No. Does that fee -- this fee take under consideration the capital maintenance costs of these facilities? MR. WILLIAMS: No, sir. The fees that we get for user fees offset our operating expense related to keeping the boat ramps in operation. It doesn't take into consideration capital improvements. COMMISSIONER HENNING: Well, you have capital improvements, but you -- more in particular you have capital replacement costs, such as an air-conditioning or a roof or something like that. MR. WILLIAMS: Well-- and just to clarify. We do have in the 5,000 operating costs, there is what's called operating capital, and that may be for simple maintenance in and around the facility. So there is Page 66 September 28,2010 some of that built in. The capital costs I'm talking about are the ones -- with the slide that I showed, the $10 million, that capital -- that larger capital dollar that we're using to build the facilities. It doesn't take into consideration that. COMMISSIONER HENNING: Right. MR. WILLIAMS: But the operating capital it would. COMMISSIONER HENNING: Yeah. That -- oh, the operating capital it does, but not to replace what -- air-conditioning and the sod or -- MR. WILLIAMS: Let me give you an example. Bayview boat ramp, we're doing a renovation at that point. COMMISSIONER HENNING: I understand. MR. WILLIAMS: Yes. COMMISSIONER HENNING: You're not quite following me. You need to stripe some of those parking lots. You need to budget for those. You need to replace an air-conditioning unit. You need a budget for those, a long-term budget for all those items. That's a part of doing business. MR. WILLIAMS: Yes, sir. COMMISSIONER HENNING: You look at Community Development, when they consider fees, they consider all those -- all those fees. And I appreciate -- you've done a very good job of showing us on your daily operation, but you also have capital costs. MR. WILLIAMS: Let me just try -- COMMISSIONER HENNING: And I hope later on that we can, with the board's approval, take a look at those capital costs and make it a determination whether these fees need to be adjusted in the future. I think Commissioner Coletta had a great observation of the private sector in the community of what they charge. They charge it based upon, you know, all their costs, so -- anyways. That's what I would like some -- get some direction. Page 67 September 28,2010 CHAIRMAN COYLE: Well, I -- yeah, I don't-- COMMISSIONER HENNING: I mean, you're going to have to put ladders on those boat docks at Goodland. MR. WILLIAMS: Let me just clarify. COMMISSIONER HENNING: At low tide. MR. WILLIAMS: Let me try again, if I could. The capital -- we do have capital costs built in the operating budget, operating capital. And typically the threshold are those items under $25,000, you know, that would include things like restriping, resod. COMMISSIONER HENNING: Okay. MR. WILLIAMS: You know, replacement items like that. When I say we don't have capital improvements, the Bayview example is one I go back to. That's a project that's going to be $1.2 million. So those type of capital improvements aren't necessarily built into the fee structure. But the operating capital items, the year-to-year maintenance repair-and-replace kind of items are. MR. OCHS: I think, Commissioners, where Commissioner Henning is going is that capital maintenance in between those two areas, and that is, replacement of air-conditioning, air handlers, or chillers or replacements of the roofs. Those are typically part of your 301 capital facilities budget that's managed through Facilities Management for all of your facilities. But that is an ad valorem funded account. CHAIRMAN COYLE: Okay. And we really should take a look at it every year. MR. OCHS : Yes, sir. CHAIRMAN COYLE: Yeah, okay. And reassess where we are with it. Okay. Now, would the motion maker consider including in the motion making this effective November the 1st, which is slightly more than 30 days out? Page 68 September 28, 2010 COMMISSIONER HENNING: Yes. CHAIRMAN COYLE: But it's a good start time, November the 1st. COMMISSIONER HENNING: Yeah, and-- CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: -- the Goodland boat ramp will be open for redfish season. COMMISSIONER FIALA: And my second will include that. CHAIRMAN COYLE: Okay, good. And so we have a motion to approve. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. MR. WILLIAMS: Thank you, Commissioners. Thank you. Item #11 PUBLIC COMMENTS ON GENERAL TOPICS MR. OCHS: Commissioners, that takes us to Item 11 on your agenda. That's public comments on general topics. COMMISSIONER COLETTA: If I may, sir? CHAIRMAN COYLE: No. Yours comes under commissioners' communication at the end. eOMMISSIONER eOLETT A: I know that, but I have some people that wanted to bring items before us, and I told them that we Page 69 September 28, 2010 had an item on here that didn't start until one clock, and we would be going after that. If we could continue that until after the last agenda item. CHAIRMAN COYLE: I wouldn't have a problem doing that. COMMISSIONER FIALA: I wouldn't either. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Thank you. COMMISSIONER HENNING: Sounds like somebody was misguided. Just kidding. COMMISSIONER FIALA: How many people do you have coming in this time, Commissioner Coletta? COMMISSIONER COLETTA: One that I know of, but he's got 150 supporters. MR.OCHS: So we'll hold off on 11 till this afternoon. CHAIRMAN COYLE: Yeah. Item #12A ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY ATTORNEY -APPROVED MR.OCHS: That moves us to Item 12 on your agenda, Commissioners, county attorney's report. 12A is the Annual Performance Appraisal for the county attorney. MR. KLATZKOW: Yeah. This will be the first of three items, Commissioners. This is the Annual Performance Appraisal for the county attorney. It's required by my contract, the same as the county manager's contract. I've prepared a compilation of the scores. They're on the overview there. And at this time the county attorney's waiving any merit adjustment and general wage adjustment in keeping with the times and what everybody else is experiencing here. Page 70 September 28, 2010 And I'm open to questions. CHAIRMAN COYLE: Any questions? Motion? COMMISSIONER HALAS: Motion to approve. COMMISSIONER COLETTA: Second. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Halas, second by Commissioner Coletta. Any discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Yes, go ahead, Commissioner Coletta. COMMISSIONER COLETTA: Jeff, I appreciate all the time that you've spent working with me individually over many of the different issues that come before the county. Although we don't agree on everything, you are the attorney, and I recognize that. But thank you very much. You've done an excellent job this past year. MR. KLATZKOW: Thank you, sir. CHAIRMAN COYLE: Thank you, Jeff. MR. KLATZKOW: Thank you, sir. Item #12B Page 71 September 28, 2010 REVIEW OF THE PROPOSED FY 2010-2011 ACTION PLAN FOR JEFFREY A. KLATZKOW. COUNTY ATTORNEY -APPROVED CHAIRMAN COYLE: Well, go to Item 12B now. MR. KLATZKOW: 12B is, again, the annual approval of the action plan. Again, it's required by my contract, as is the county manager's. I spoke with Commissioner Coyle. Commissioner Coyle had asked me to add to that a performance evaluation with respect to outcome on litigation. I've done that. It's reflected in the change sheet. And other than that, I'm here to take any questions. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I think it's a good action plan, and it's in keeping with the improvements that you have been trying to make in your department, so I make a motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala to approve, second by Commissioner Halas. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Item #12e Page 72 September 28, 2010 BOARD OF COUNTY COMMISSIONERS INDICATING ITS INTENT TO EXTEND THE COUNTY ATTORNEY EMPLOYMENT AGREEMENT WITH JEFFREY A. KLATZKOW, AND FIX THE END DATE OF THE FIRST EXTENSION TERM AS SEPTEMBER 30.2013 - APPROVED MR. KLATZKOW: And now last but not least, the request to extend my contract. The extension term would be to September 30, 2013. I am not asking for any changes in the contract. Compensation would remain the same. COMMISSIONER HENNING: Move to approve. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, second by Commissioner Coletta. Any discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It is passes unanimously. Congratulations. MR. KLATZKOW: Thank you. CHAIRMAN COYLE: You are now a new hire. MR. KLATZKOW: Thank you, sir. eOMMISSIONER FIALA: Do we have 12 -- what do we have, Page 73 September 28, 2010 12 -- CHAIRMAN COYLE: Okay. Where can we go now? Item #12D RESOLUTION 2010-202: RESOLUTION DESIGNATING THE PROPOSED VANDERBILT DRIVE GREENWAY, FROM 111 TH AVENUE NORTH TO BONITA BEACH ROAD, AS THE FRANK HALAS GREENWAY - ADOPTED MR.OCHS: Well, Commissioner, you had an item this morning moved under 12D, which was formerly 16K5, moved at Commissioner Henning's request. 16K5 is a recommendation to adopt a resolution designating the proposed Vanderbilt Drive Greenway from 11 th A ve- -- excuse me -- III th Avenue North to Bonita Beach Road as the Frank Halas Greenway. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: The reason I pulled it -- well, a citizen requested it. But we have a naming policy that this Board of Commissioners approved, and it's a three-page requirement by citizens. And I just -- I think that, you know, the Board of Commissioners are not any better than the citizens that we set policy for. And I hope that we can keep to that policy of the citizens and apply it to ourselves also. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. And I -- you know, let's get right down to brass tacks. This has to do with decisions that have to be made by the board. We're always seeking advice from advisory groups. We get feedback from them. And in all honesty, I have received zero complaints. One request to pull it from the agenda, which you honored before I had a chance to Page 74 September 28, 2010 make that suggestion. And I have received no complaints, no objections to it. And we have the latitude to be able to act within this. Didn't we do this with Jim Mudd for very good reasons? COMMISSIONER FIALA: Uh-huh. COMMISSIONER COLETTA: And -- is there any speakers on this item? MR. MITCHELL: Yes, sir. We have one speaker. COMMISSIONER COLETTA: Okay. After that speaker, I'd like to make a motion. CHAIRMAN COYLE: Okay. MR. MITCHELL: The speaker's Doug Fee. MR. FEE: Okay. Good afternoon, Commissioners. For the record, my name is Doug Fee. As you know, I live up in the Wiggins Pass and Vanderbilt Drive area. This is the area where the proposed pathway is to be located. I appreciate the opportunity to speak on this item before you today. And let me first say, this is not an easy thing for a citizen to have to stand up here trying to give you reasons on why this should not be done today. The naming of any governmental facility after a person is an honor not only for that individual, but also for the community for which the facility is located. I'm here because I believe that the agenda issue of naming the pathway after Commissioner Halas is, at the very least, premature. I have a copy in my hands of an executive summary of the policy to name county-owned facilities that was approved on May 13, 2003. This policy was approved, and it allows for special naming and dedication of community -- Collier County-owned buildings. There are certain requirements that this board must follow in order to do this. On Page 2, it requires an application to be submitted to the county manager by the use of the attached form. Each sponsored application, when complete, must contain the names, Page 75 September 28, 2010 address, and signatures of not less than a thousand persons. I believe in this circumstance, a key word in this policy is county-owned facility . As you know, the proposed pathway is only in the planning and evaluation stages. As a board, you have not been presented the findings from the public meetings, nor the actual design of this facility from the engineering firm. At a future Board of County Commission meeting, you will be hearing the merits of building this pathway and approving the financial contract. So as of today, September 28th, you do not have an approved pathway to be named. Once we have an approved facility, that is when we should seriously consider naming, with the proper application for doing so. I urge you commissioners not to disregard your own policy on naming facilities. Having said that; however, if you want to consider today naming something after Commissioner Halas, one could name the Vanderbilt Bridge, Cocohatchee River Bridge, the Frank Halas Bridge with the proper application and signatures. The point is, it's complete. It's built. It's ready. He did a lot for that bridge. So you should consider something that's already built. Quickly, my second point is, you are going to hold a meeting in the future in regards to the pathway. There will be community members who will come down to this meeting room and tell you the merits of what you are approving. There are definitely safety issues on our roads. We have no cycling paths. We have -- we had the original death bridge. In my opinion, we still have a death roadway. South of the bridge we do not have cyclists lanes. So I wouldn't want to be a sitting commissioner with a pathway that's off the road being named with the risk of someone driving and still hitting a cyclist. So we can call the pathway whatever you want to call it, but please, let's look at all the safety issues within the neighborhood, slow this thing down, spend the money properly, making sure that we have Page 76 September 28, 2010 all the safety issues issued and answered before you approve the pathway. Thank you very much. CHAIRMAN COYLE: Thank you very much. Now, Commissioner Coletta, you wanted a continuation of your remarks from before. COMMISSIONER COLETTA: Yes, if I may. Thank you very much, sir. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Yeah. I think that -- one suggestion in there I absolutely loved was naming the bridge after him, too. I would -- I don't know, is it too -- is it too premature to include the bridge in a motion along about the pathway? MR. KLATZKOW: I prefer we advertise it so we can get the public to respond if they wanted to. COMMISSIONER COLETTA: Okay. Like today they responded? MR. KLATZKOW: Like today, yes. COMMISSIONER COLETTA: Well, I make a motion that we approve the agenda item as is, and I would like to give consideration of looking at the idea of naming the bridge that was mentioned at Vanderbilt Drive after Commissioner Halas. That was a wonderful suggestion also, in addition to the pathway. CHAIRMAN COYLE: Okay, thank you. COMMISSIONER FIALA: I'll second the motion. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Coletta, actually it's a motion to approve the -- it's a motion to approve the agenda item. You've had your public petition. MR. FEE: I just wanted to know if it improved the -- if it applied to the application and the signatures. eHAIRMAN COYLE: It applies to the executive summary in Page 77 September 28,2010 the petition. And a second by Commissioner Fiala, but commissioner Henning has some comments. COMMISSIONER HENNING: Yeah. Commissioner Coletta, just a question. Based upon your comments, surely you're not saying that board members or the board is -- shouldn't follow a policy that we apply to citizens? Are we better than the citizens? COMMISSIONER COLETTA: Commissioner Henning, you're right. We're not better than the citizens. We represent the citizens. And the citizens are here today, and we're listening to them. COMMISSIONER HENNING: Okay. Well, shouldn't we at least have the same policy set before us? I mean, I'm going to go along with the agenda item, but to make other recommendations to further, you know, water down the policy that we're setting on citizens is -- I don't think the board should be doing that. eOMMISSIONER COLETTA: And I don't agree with you, Commissioner Henning. I think you missed the point of where this was going. This was an advertised meeting. We have had this noticed way in advance, received one em ail asking nothing more than to pull the agenda item. There's no concern upon the citizenry out there as far as this item goes. You know -- and we didn't question this before when it came up for Jim Mudd at the time. You know, I guess we have to make some value decisions as we go forward in these things, and we base it upon the kind of response we get. COMMISSIONER HENNING: Well, why don't we apply the same policy to the citizens as we do then? COMMISSIONER COLETTA: Well, if there was an actual complication with this whole thing, I'm sure the county attorney would be advising us at this point in time. COMMISSIONER HENNING: No, the board can do anything, it's just the matter of, you know, are we -- do we hold the same Page 78 September 28, 2010 standards as citizens, what we're asking of them? COMMISSIONER COLETTA: And we asked the citizens to come and testify before us, to send us emails, to calls us up, or to set meetings with us, and that didn't happen. CHAIRMAN COYLE: Excuse me. COMMISSIONER HENNING: I'll give you the policy -- CHAIRMAN COYLE: Excuse me. COMMISSIONER HENNING: -- so maybe you can understand it. COMMISSIONER COLETTA: I've read it. CHAIRMAN COYLE: There's a -- I'm curious as to why this didn't come up when we named the Guy Carlton building at the last meeting. COMMISSIONER COLETTA: Or the Jim Mudd building. CHAIRMAN COYLE: Yeah. It -- was there an objection to that? I don't know. COMMISSIONER HENNING: Well, let me answer your question. It was a citizen -- I mean, we approve policies all the time. It was a citizen that pointed it out to me and says, why can't you at least adhere to your own policy? CHAIRMAN COYLE: When, when the Guy Carlton building was designated or just-- COMMISSIONER HENNING: No. CHAIRMAN COYLE: When the Frank Halas name came up? COMMISSIONER HENNING: Specifically answered your question. You asked, why is this being an issue now and it didn't come up under naming the building after Guy Carlton. So my answer is, a citizen pointed it out to me, the policy that the board passed, that we're not even adhering to. So the question is, are we better than citizens? Shouldn't we at least follow our own policy? eHAIRMAN eOYLE: I think that's the wrong question, but nevertheless. I think we've argued it. Page 79 September 28,2010 COMMISSIONER HENNING: No. That was an answer to your question. COMMISSIONER FIALA: I just don't understand that. We've voted on each one of those. I don't understand what the difference is. I'm trying to -- I'm trying to understand what you're saying, but it's not coming through. COMMISSIONER HENNING: Commissioner Fiala, we passed a policy for naming facilities, and the requirements are three pages for the citizens, they need to abide by, before it comes to the Board of Commissioners. What we have done -- and we've done it on the consent agenda -- is just direct staff by passing the policy. COMMISSIONER FIALA: I don't understand how we're bypassing the policy . We're still voting on it, right? And it was -- you know, I just -- COMMISSIONER HENNING: Jeff, is the policy that we're applying to ourselves less or more than what we asked our citizens? MR. KLATZKOW: By custom, you developed two policies over the years. You have a policy where a citizen comes forward trying to name something, and you require a petition for that to see if there is sufficient support in the community for that. But you have also, on your own, named various things, Nancy Payton Preserve comes to mind, Jim Mudd -- there's been a number -- and you've done that on your own, so that you have a policy when it comes to the public. You really do not have a policy on the board-initiated namings. CHAIRMAN COYLE: Okay. All right. We have a motion and a second. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. Page 80 September 28,2010 COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passed unanimously. Thank you very much. COMMISSIONER FIALA: Don't tell me we're going to have an hour-and-a-half lunch? CHAIRMAN COYLE: You might have longer than that. COMMISSIONER FIALA: An hour and 37 minutes. MR.OCHS: That completes this morning's agenda, Commissioners, with the exception of number 11, which we're going to come back to this afternoon. COMMISSIONER COLETTA: We could do commissioner comments. CHAIRMAN COYLE: You want to do -- you want to do commissioners comments now, everybody? All right. We'll have to start with Commissioner Fiala. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS COMMISSIONER FIALA: Well, Commissioner Fiala has no comments. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. I have a task here that was set before me by the Productivity Committee. Obviously we all know that we have about a 13.6 unemployment rate as of August here, and we can't always depend on tourism to be the real strong leg of the Page 81 September 28, 2010 stoo I. Counties across the State of Florida are scrambling to encourage new industry and business development. And so this became an issue that was discussed by the Productivity Committee, and what they're trying to -- what they are asking is that -- to seek the approval of the board to work with county staff and the EDC to conduct a comparative study of economic incentive packages being offered in Florida counties with similar demographics as Collier County and to take a look at those counties that have been successful in attracting new business and industry. The Productivity Committee objective with this study is to propose changes with our economic incentives in order for Collier County to remain competitive and attract new businesses and industry and to create jobs. The Productivity Committee has asked me, as the board's liaison, to seek the board's approval to conduct this comparative study. And that's the end of my statement. And we need some nods probably from the board, if they -- COMMISSIONER COLETTA: Question. COMMISSIONER HALAS: Sure. COMMISSIONER COLETTA: Would this be something we have to bring back to the next meeting to be able to do it, or is this something we can handle in-house now? COMMISSIONER HALAS: I think it's probably something we could handle in-house now since the Productivity Committee wants to get actively involved with, along with the EDC, to look at all the incentive packages that other counties have that are comparable to Collier County. COMMISSIONER COLETTA: And the expense for this would just be the Productivity Committee and a little bit of staff time? COMMISSIONER HALAS: And it would be -- the majority of it, I think, would be the Productivity Committee, is my understanding. Page 82 September 28, 2010 Mike, can you add to this? They didn't ask for any funding whatsoever? MR. SHEFFIELD: No. They simply want to do this comparative study, and they're looking for the board's, you know, approval to conduct this study to compare with other like counties, similar counties to Collier. COMMISSIONER HALAS: Let's look at what the incentive packages are, and then I think they're going to come back to the board in regards to saying what areas that we may need improvement in, if there are any areas. MR. SHEFFIELD: Yes. COMMISSIONER COLETTA: This is something they volunteered to do on their own, which is wonderful. COMMISSIONER HALAS: They're volunteering this on their own, yes. COMMISSIONER COLETTA: You've got a nod from me. COMMISSIONER HALAS: How about you, Commissioner? COMMISSIONER HENNING: Yeah. CHAIRMAN COYLE: Okay. You got -- you got one, two, three nods. Okay. COMMISSIONER FIALA: What are you doing? CHAIRMAN COYLE: I am concerned about doing that. We created the Productivity Committee for the purpose of taking a look at efficiency in Collier County Government, and we selected the people to participate on that looking for those kinds of qualifications. We did not look for qualifications for business development and economic diversification. We know that there are already a few people on the committee who are adamantly opposed to any kind of incentives for economic diversification. And I am not convinced that we have the mix of skills on the Productivity Committee to address issues like business development and incentives. I just don't see it happening. Page 83 September 28, 2010 COMMISSIONER HALAS: Well, how about the EDC? I think they want to include the EDC in this. CHAIRMAN COYLE: Well, that, I think, is one of the problems. They want to include the EDC in this. Well, the EDC might want to make their own independent evaluations and they, in fact, already have. They have looked at things across the entire state. They have worked closely with the state agencies that are involved in economic development and diversification. They have been out talking with those people. And there has been, for years, substantial disagreement between the members of the Productivity Committee and EDC. So I am concerned about that, and I think it is an example of where we have an advisory committee that is reaching beyond the -- the task which they were originally created for. COMMISSIONER COLETTA: If I may? CHAIRMAN COYLE: Uh-huh. COMMISSIONER COLETTA: You know, you bring up some points that's -- that might be valid. It's been what, four years now since I've served to the Productivity Committee? And so some things may have changed. They do have some faith in the EDC to be able to help bring a balance between all these elements. However, with that said, since there is a little bit of question about what we're talking about, where we're going, I think we need just a little more consideration on it. What I would like to do is to bring it back at another meeting where we can discuss the item fully. I still think it's a good idea. It's just that since you brought up some concerns, I would like to be able to weigh all these things out in a regular meeting during a regular meeting agenda item. CHAIRMAN COYLE: One of -- the real point I'm getting at is that we shouldn't make a decision just because somebody in the Productivity Committee wants to get involved in that. I mean, I've Page 84 September 28,2010 even had a proposal from the Productivity Committee to restructure the entire negotiation process with Jackson Labs and the other business clusters. Well, you know, we're pretty far along with that process, and I wasn't particularly impressed with that recommendation. But -- so I don't know where the Productivity Committee is going with this thing. And secondly, it is the important and probably overriding consideration that this should be properly vetted with the people who are in the business of economic diversification. We ought to get the EDC to come here and talk with us about how they feel the Productivity Committee could be -- could be helpful in doing this. COMMISSIONER HALAS: Can I offer a suggestion maybe? Maybe the best thing to do is to put this on one of our upcoming agendas and invite both the EDC and the chairman, Steve Harrison, from the Productivity Committee, to give their views and hopefully maybe their -- then we can get some clarification, exactly what their intent is, and I think that probably would clear the air. COMMISSIONER HENNING: That's a great idea. COMMISSIONER COLETTA: Could we include the Chamber of Commerce also? CHAIRMAN COYLE: The EDC. Yeah, Chamber and EDC. COMMISSIONER HALAS: Sure, both -- all these items, there could be the chamber, EDC, and the chair, sitting chair on the Productivity Committee, and they could give us a presentation so there's more clarification in regards to what's -- what the motivation here is. And I think the real motivation is that we're looking to find ways to hopefully stimulate employment here so that we can get -- instead of the 13 percent, hopefully we can get down to 16 (sic) percent unemployment, or even lower. COMMISSIONER FIALA: No, not 16. COMMISSIONER HALAS: I mean 6 percent, excuse me, 6 Page 85 September 28, 2010 percent. I'm sorry. COMMISSIONER FIALA: Yeah. And do we want our economic development arm from the county to also be a part of this or not? CHAIRMAN COYLE: Well, I think the EDC is absolutely critical to this thing. COMMISSIONER FIALA: No, I don't mean EDC. But then we have our own person who interfaces with them. CHAIRMAN COYLE: Yes, yes, David Jackson. MR. OCHS: Commissioners, if -- CHAIRMAN COYLE: There are some serious issues here. There really are some serious issues here, and I think we must be very careful about what we do with this. The Productivity Committee is an advisory committee. COMMISSIONER HALAS: That's right. CHAIRMAN COYLE: And you don't want to put the Productivity Committee into a position of dictating policy or controlling the direction of the Economic Development Council -- COMMISSIONER HALAS: They're just asking the question here, Chair. They're not really saying they want to go ahead and do this. They're just asking for -- if we go along with this -- we can just tell them, never mind. CHAIRMAN COYLE: Let me tell you what I would really like for somebody to do. There's a lot of talk about impact fees and the fact that impact fees are holding back the economy, and we know that's not true. So what I have challenged the Chamber of Commerce to do is to identify a developer or group of developers who will begin building within the next 90 days if they get some kind of relief from impact fees, like make impact fees payable upon Certificate of Occupancy, and that way the cost is transferred to the owner, the purchaser. You know, ideas like that are the things that the Productivity Page 86 September 28, 2010 Committee should be dealing with, not -- not overreaching policy issues of economic diversification and how you go about doing it. And that's -- that's really my concern. COMMISSIONER FIALA: You know, Commissioner, when I first got onboard with this commission and I read Productivity Committee, I thought they were involved with productivity. I was -- I thought that they would be looking at the different departments. Actually I sent them a note and suggested that maybe they look into our Community Development Department. I thought it needed help to be more productive, and I thought that they were really regarding Productivity Committee. I didn't realize they were actually a budget committee. And it seems that although we had commissioned them to be a Productivity Committee many years ago, they've changed what they are to become something totally different, and maybe we ought to be addressing what a productivity committee is or what we expect a productivity committee to be in this discussion. CHAIRMAN COYLE: That's a good observation, but -- so where's that leave us? We want to get -- schedule this for a-- COMMISSIONER HALAS: Upcoming meeting. CHAIRMAN COYLE: -- a coming meeting so that we can have the EDC and any other organizations involved in economic development and diversification here to speak to let us understand where they think the Productivity Committee should be. MR.OCHS: Commissioner, if I may, just -- this mayor may not help this particular issue. But I wanted you to know that I've asked Mr. Jackson from my staff to convene a meeting of the chairpersons of the EDC, the chamber, the Economic Recovery Task Force, certainly my own staff, including Mr. Jackson, Ms. Patterson, Mr. Casalanguida, because all these groups are out there now working on a number of economic and business development initiatives, all well intended, but I'm getting the sense that everyone is working hard, moving down Page 87 September 28, 2010 paths at different paces, and I wanted to make sure that we have some better coordination and identify areas where there may be overlap. And I'm just offering that as a suggestion. You may want to allow me to have that meeting and discuss this topic as well and then have that entire group come back in front of the board with some joint report and recommendations instead of just, you know, having kind of a free-for-all at the podium. That -- I've asked David to set that up for October in hopes that, you know, we can pull a plan together that incorporates all the stakeholders' input in their areas of interest and expertise. And I offer that as a suggestion as opposed to just scheduling it under a, you know, an Item 9 for discussion without a lot of clear direction or recommendations at that point. COMMISSIONER FIALA: I'd be willing to do that. CHAIRMAN COYLE: Yeah. I think that's a-- COMMISSIONER HALAS: County Manager, I think you hit the nail on the head. COMMISSIONER FIALA: Yeah. CHAIRMAN COYLE: Yep. MR. OCHS: So the board can look forward then to that report certainly before the end of the year, and hopefully in November. COMMISSIONER HALAS: Good. CHAIRMAN COYLE: Okay, good. And you have anything else, Commissioner Halas? COMMISSIONER HALAS: No, sir. CHAIRMAN COYLE: The only thing I have is a policy decision, implement a policy decision, that I think needs to be acted upon fairly quickly. I don't know how many of you were even aware of the conflict between EMS and North Naples about North Naples setting up an EMS storage area or -- COMMISSIONER FIALA: I read about that in the paper. CHAIRMAN COYLE: In the newspaper. But it's been elevated Page 88 September 28, 2010 all the way to the State of Florida. And, quite frankly, I'm getting frustrated with these kinds of things happening. We're the ones who established the policy, and if somebody's going to lodge a complaint against a fire district, we're the ones that should do it or at least act upon the circumstances prior to these things appearing in the newspaper. So what I would like to do is ask the county manager to provide a directive to EMS to make sure that any, any disputes with agencies external to Collier County Government be brought to the Board of County Commissioners for consideration and action before they appear in the newspaper and before people start writing letters and making accusations, because it makes us all look like a bunch of dummies, and it undermines the public confidence in what we're doing. So if the board would provide us sufficient support to direct the county manager to provide that operating procedure to EMS, then that would be very helpful. What do you think? COMMISSIONER FIALA: Oh, I think that's -- CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: We should always be discussing it before we start duking it out in the newspaper. CHAIRMAN COYLE: Yeah, that's right. Commissioner Henning? COMMISSIONER HENNING: The county manager and I had the same conversation. If we're going to give that directive, we also need to give that directive to the -- or to Dr. Tober. CHAIRMAN COYLE: Absolutely, absolutely, absolutely. COMMISSIONER HENNING: Okay. Yeah, because that-- what North Naples -- the decision they made went to their board, a governing board elected by the people, and just like we are. It's just a common courtesy. CHAIRMAN COYLE: Yeah. Page 89 September 28, 2010 COMMISSIONER FIALA: And just maybe that's how it got to the newspaper in the first place was somebody outside of our EMS but yet heading it, so -- like Dr. Tober, for instance. CHAIRMAN COYLE: Okay. Now, Commissioner Halas, did you have anything more to say about that? COMMISSIONER HALAS: Yeah. I'm very concerned about how the fire department wants to take on this responsibility but yet they don't want to take on the responsibility of picking up the -- the transporting and picking up the funding. Obviously we had an item that came before us today on the consent agenda where we finally approved about $11 million worth of losses because of transportation of people, either by helicopter or by ambulance and so on, and yet the fire department wants to get involved in this but they don't want to take on these type of expenditures. So I've got a -- I've got a real concern. I'm not sure -- they seem to want all the gravy, but they don't want to take on all the heartache that goes with it. CHAIRMAN COYLE: Yeah. Commissioner Fiala, do you have anything else? COMMISSIONER FIALA: You know, I think that the fire departments wanted to take it on, they're just -- they're just not able to. CHAIRMAN COYLE: No, not to transport. COMMISSIONER FIALA: Well, they're not able to transport. They're -- you know, it's not their fault that they're not transporting; they're not allowed to. So I don't think we should be laying blame on them for something they're not even allowed to do by law. COMMISSIONER HALAS: But that's what they're trying to get is transport. They want their own medical doctor and everything else involved. CHAIRMAN COYLE: And then that means we've got six or seven or eight of them, and that's what makes it difficult. Page 90 September 28, 2010 COMMISSIONER HALAS: That's right. CHAIRMAN COYLE: If they'd consolidate, it would be an easy decision, but they won't. And that's all I -- just to make sure that this policy gets proper emphasis, could you -- could you draft the policy and submit it to us for recommenda- -- for approval? That means it applies to our employees as well as EMS employees? Can we do that? MR. OCHS: Sure. As opposed to you having a separate letter to the medical director? CHAIRMAN COYLE: Yeah, yeah. MR. OCHS: I'm happy to do that, sir. CHAIRMAN COYLE: Okay, all right. Okay. And Commissioner Coletta, you're next. COMMISSIONER COLETTA: Yes, thank you, sir. Nick, would you come up for a moment, please. I'd like to talk about several issues, and one of them's the Golden Gate Master Plan. We did the major overhaul back in 01/02, if I'm not mistaken, Nick? MR. CASALANGUIDA: That's correct. COMMISSIONER COLETTA: It's going to be coming up to the point where pretty soon we're going to have to be concerned about putting it back on the schedule. And what I'd like to do is have -- direct Nick to be able to come back with when this should take place, how it would fit into it -- what the implications of what it would be as far as budget cost, what years should it hit, and just be able to give us a brief report so that we can give further direction from there. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: It's one of those things that has to be -- that has to be done. We have some major difference of opinion throughout parts of the Estates now. The referendum that's on the ballot will help to some degree to settle one little part of the whole equation; however, with that said, I'd like to be able to get this out to the community in a meaningful way Page 91 September 28, 2010 and be able to start planning when this process is going to take place, at what point in time. COMMISSIONER FIALA: I guess I don't understand what you really want us to do. COMMISSIONER COLETTA: Well, I would like to have Nick come back to us and tell us about the Golden Gate Master Plan as far as when it would -- when it would be a ten-year anniversary for it, for the major overhaul that we did, so that we can start looking to the future for a future budget for planning it in and giving thoughts to it, just to be able to give us a brief report on it so when we start to move the issue forward -- at least in our minds as we start to move through it. And you've got to take the first step. You can't drop the whole thing on the community at one point. And we still have enough time to be able to plan it out effectively when it would have to hit to be able to plan it. CHAIRMAN COYLE: You're asking for a schedule essentially? COMMISSIONER COLETTA: More or less. To be able to come up with a schedule that will give us some guidance. CHAIRMAN COYLE: Can't he do that in writing? Can't you provide us a memo outlining the schedule for that -- MR. CASALANGUIDA: Sure. CHAIRMAN COYLE: -- so that we all understand it without -- MR. CASALANGUIDA: Yes, sir. CHAIRMAN COYLE: -- without having to schedule a presentation of any kind? MR. CASALANGUIDA: Yes, sir, I can. CHAIRMAN COYLE: Because you only have 15 minutes -- we only have 15 minutes now to -- COMMISSIONER COLETTA: I know. It's not going to take long. No, I didn't want him to give us a presentation now, but that will be of no value if we haven't got the ability to discuss it before this . . commISSIon. Page 92 September 28, 2010 MR. CASALANGUIDA: For a little clarification on what the commissioner asked, you have a Comprehensive Plan. It's evaluated every five years as part of your EAR. Your Golden Gate Area Master Plan is a subset of that or part of the Compo Plan. It hasn't been done in ten years. And he said, you know, what's a reasonable amount of time to have a specific section of your Compo Plan looked at. I said, ten years is usually a good amount of time. It's done as part of your EAR but not set up with a subcommittee to look at a specific area. So I said, I could certainly look at that and look at what a typical time frame would be, the cost, the schedule it would be in, and report back to the full board and let you know what impact it would have to the staff. COMMISSIONER COLETTA: And we'd be looking at a presentation that would probably be way less than ten minutes. MR. CASALANGUIDA: Do it in a memorandum and, you know, simple discussion item just to give you an idea. I don't think it needs to be full presentation. COMMISSIONER COLETTA: It's very important to the people that I represent that we get this into discussion. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: And now, stay right there, Nick, for just a minute. Also, too, we -- we're -- the issue over Everglades interchange is growing to a new level with the additional overlay study that's going to be required that's been triggered by three or four state agencies that have raised concern together. And I don't know how the process came to be that they raised similar concerns at the same time. This additional overstudy's going to take probably another year, possibly longer. It's going to encompass an area of 20-some miles, and it's going to go back at a point in time back in the '40s to be able to see what the cumulative effect has been and what it may be with this interchange. It's more of an effort to try to -- it's not delay it, to Page 93 September 28, 2010 end it once and for all. We had a community meeting about two years ago out in the Estates at Palmetto Ridge, I believe it was, and it was attended by about 4- or 500 people where they got an update of what was taking place. Staff has been planning another meeting on either the 3rd or 4th of November. MR. CASALANGUIDA: 3rd. COMMISSIONER COLETTA: In order to make this meeting more effective and to help our citizenry better understand what we're up against, I'd like to direct the Chair to write letters to the agencies that have expressed this concern to come in and be able to explain to ourselves and the citizenry what the problems are with the proposed interchange and also to send similar letters to all the environmental agencies or organizations in the area and the different parks and preserve areas to have their particular people there so that they may offer some testimony too. It's a real problem. And unless we can confront it up front and come to an understanding what we're dealing with, the Everglades interchange is moving farther and farther out, and it will be there for our great grandkids rather than people that need it today. What I'd like to do is to have you direct the Chair to write these letters. Of course, it will have to be with his approval as far as how the letter is worded, but an invitation from him would carry a lot more meaning than it would from myself or staff. Thank you. COMMISSIONER HALAS: Do you understand, Chair, what you're getting yourself into? CHAIRMAN COYLE: No, I have no idea. That's what I'm concerned about. COMMISSIONER FIALA: I was just going to question it myself. Do you mean that you want him to invite people to come here to talk about why they're lodging opposition to an Everglades Page 94 September 28, 2010 Boulevard -- COMMISSIONER COLETTA: Well, you're close. Not here to the commission, to come to the public meeting to be able to explain what their concerns are. COMMISSIONER FIALA: What public meeting? COMMISSIONER COLETTA: Public meeting that we're planning out at -- COMMISSIONER HALAS: The one that we're going to have out at the Estates. COMMISSIONER COLETTA: -- Palmetto Ridge in November for the public to be able to interplay with all the problems that are taking place to move this interchange forward. And that invitation is absolutely important, because just to hold a meeting and try to give a briefing to the public, and then they start asking questions that staff has no right answering or are unable to answer -- and also it makes it to the point where we probably can better understand what their concerns were, and maybe we can address them up front and shorten the time span of what this study will be. CHAIRMAN COYLE: Who's going to be conducting the meeting? Who's going to be in charge of it? MR. CASALANGUIDA: Commissioner, it will be staff. I can provide some clarification that will help you. As part of your IJR application for I-75/Everglades, there's two public meetings scheduled. We've had one. General public has expressed frustration to staff that we're the environmental folks that are trying to stop this project. You know, they feel that staff is not moving quickly enough on this. N ow they've triggered a cumulative effects study, which is a 12-month study as part of the PD&E ETDM screen. I'm using some acronyms. Your early screening process. CHAIRMAN COYLE: Okay. I tell you what. Tell us -- tell me when the meeting is -- Page 95 September 28, 2010 MR. CASALANGUIDA: Early November. CHAIRMAN COYLE: -- prepare a draft inviting anyone who is interested in discussing this issue to come there and make their positions known and to provide any written information in advance to support their positions. MR. CASALANGUIDA: Sure. CHAIRMAN COYLE: And I'll get it out. MR. CASALANGUIDA: Very good. COMMISSIONER COLETTA: If it's all right, sir, I'd like the letters to be individually addressed. CHAIRMAN COYLE: I don't have a problem with that if you'll just tell me who to send them to. COMMISSIONER COLETTA: Each individual. CHAIRMAN COYLE: Yeah. COMMISSIONER COLETTA: And there's one more issue, if I may. CHAIRMAN COYLE: Oh-- COMMISSIONER COLETTA: Actually there's two. CHAIRMAN COYLE: -- you're going to have to hurry. COMMISSIONER COLETTA: I understand. Lunchtime's still 10 minutes away, and I'll talk fast. CHAIRMAN COYLE: Yeah, but we've got Commissioner Henning to get to. COMMISSIONER COLETTA: Amendment IV. We've all talked about it before. I don't think there's a commissioner here that's endorsing the amendment. The Florida Association of Counties has come out -- and its membership took a vote. I was there. It was a voice vote. There was nobody in favor of Amendment IV when the vote was taken, 100-some people in the room. We heard from a number of speakers on the issue. And they have a -- CHAIRMAN COYLE: What do you want us to do? Page 96 September 28, 2010 COMMISSIONER HENNING: What I'd like you to do is either come up with your own resolution opposing Amendment IV or to recognize Florida Association of Counties' resolution and back that. CHAIRMAN COYLE: Okay. That means we're taking a position on a constitutional amendment. COMMISSIONER COLETTA: And we can legally do that. CHAIRMAN COYLE: Is that something that we want to do though, is the question. I don't see many nods. COMMISSIONER FIALA: I thought we already -- I think Commissioner Henning wants to say something. I thought we already did this. CHAIRMAN COYLE: Yeah. Commissioner Henning, go ahead. COMMISSIONER HENNING: Well, I guess I'm concerned about setting precedence. I'm not in favor of the amendment and have spoken on it to several people, but I think that's up to individual commissioners and not the body of the board. COMMISSIONER COLETTA: Okay. Well, I was asked to bring it before the board, and I have fulfilled that obligation. And if there's no support with it -- I think I have one more item and then-- COMMISSIONER FIALA: Did you want us to each write letters individually or did -- COMMISSIONER COLETTA: Like Commissioner Henning stated, you know, that would be within your prerogative to be able to do that. There's one other thing. Nick, where'd you go? Hey, Nick? Come on. We're ready to go to lunch. There's something that came to my attention that I want to just bring up to you in brief, and I got to be honest with you, I don't have quite all the figures and numbers about it yet, but it's concerning a possible misuse of government funds that could have been better directed someplace else. Page 97 September 28,2010 F or some time now we've had East Naples running our fire inspection service, our permitting service, out of the county buildings at Horseshoe Drive. It's come to my attention that they're in the process of building a $5 million building. Originally it was one inspector, they increased the staff to two. Now that the economy's down and there's no building taking place, they're building a $5 million building, and we have community development with numerous empty offices throughout the whole place. Now, I really do think that we need to ask the question, what's happening, because we are collectively a part of this. We've been offering the -- I guess the office space for free or for a negligible cost. MR. CASALANGUIDA: I think there's some rent involved, but I think it's minimal costs. COMMISSIONER COLETTA: And once again, too, I don't want to cast any stones until I have all the facts, and I'd like to see if we could get a brief report at a meeting sometime in October when it's convenient for staff to be able to bring back the actual numbers and be able to confirm or have it denied what I've heard as far as that goes, because that's very serious. CHAIRMAN COYLE: Well, if the fire district will respond to the staff, I'm happy to try to collect the information. But the fire district's not obligated to give the staff anything as far as I know. COMMISSIONER COLETTA: Public information request can't be denied. CHAIRMAN COYLE: Yeah? Okay. MR. OCHS: What do we -- what is the request? What information are we seeking, whether or not this project is, in fact, happening? COMMISSIONER COLETTA: Whether the project is taking place, the justification for a $5 million building. I mean, they must have come up with some rationale behind it when they were able to get this service provided for next to nothing out of the county's Page 98 September 28, 2010 existing building. Space isn't a consideration. It's been there. And how many people are working there now, which originally during the heydays it was two people working in the whole office running the service. What are they doing now that needed a $5 million building? Once again, I don't have all the facts. I really would like to know what it's all about. I don't have the time to research it on my own. CHAIRMAN COYLE: Well, why don't we just ask the staff to get the -- try to get the information necessary to confirm or deny it, and then they can provide us a report? COMMISSIONER COLETTA: That sounds fine. Thank you very much. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Gee, I just went to the groundbreaking. I don't remember it being a $5 million building, but then I don't even remember if that was discussed. I know that they have not two people in there, and I think that they're going to have other office space in there. But I think we ought to certainly confer with them before -- yes. COMMISSIONER COLETTA: Oh, absolutely. You can't come to any kind of conclusions without talking to them. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER COLETTA: That does it. COMMISSIONER HENNING: Months ago the board directed staff to try to encourage other companies that provide internet, television, and telephone to locate here in Collier County. Just to give you an update, recently you've seen a company named Pathworks partnershipping with a major company to put that infrastructure in. Also, we have the Marco Island Cable Company, and they have a sister company that is going to be connecting or has connected a community off of Whippoorwill. And in the near future, you will be hearing about a major, major company building infrastructure in Page 99 September 28, 2010 Collier County to provide that service. The -- and what I've learned is, one of the biggest expenses is the infrastructure, putting that in, and there's an ability -- we're going to meet with the county attorney, staff and I, to find some possible funding ways. But one of the things is -- suggested is the CRAs take a look at putting fiber through their community and actually owning that fiber and entice companies to come in there to get either better service or a cheaper rate than what is offered to them now. But it's exciting. I'm really looking forward to these companies and the technology that's much better than what we have today, much faster, high definition and it just goes on and on. So, provide you a report in the future. It was brought to my attention by a couple people the concerns under commissioners' communications about taking action, and their concern is, there's no opportune time for public comment, and just express to my colleagues that you may want to consider putting items on agenda nine so we can get, you know, the public input on those items. And I'm looking forward to Friday being the first day of redfish season, going down to Goodland and trying out that new boat ramp. MR. OCHS : Yes, sir. COMMISSIONER COLETTA: That's all I have. CHAIRMAN COYLE: Okay. Thank you. Anybody have anything in two minutes? COMMISSIONER HALAS: Yeah, I do. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: In regards to the fire building that's being put up. I think this is -- I'm not sure if it's $5 million, but I think one of the big things is getting fire out of CDES, because I think in the past when a lot of blame was put on your our staff, that we weren't being responsive to getting permitting done. Page 100 September 28, 2010 When we found out exactly who was causing the problem, it ended up being a fire issue. And I think the sooner that fire can vacate that area, the better off it's going to be for the reputation of our staff that works diligently in CDES. CHAIRMAN COYLE: Okay. Thank you very much. We'll break for lunch. We'll be back here at one o'clock. So you didn't get your hour and a half. COMMISSIONER FIALA: We almost had an hour and 37 minutes. CHAIRMAN COYLE: We almost had it, then we blew it all. COMMISSIONER FIALA: Now we have an hour and one minute. CHAIRMAN COYLE: Yeah. (A luncheon recess was had.) CHAIRMAN COYLE: Ladies and gentlemen, the commission meeting is back in session. Item #8A COMPLIANCE AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY, INCLUDING PETITIONERS-IN-INTERVENTION, SETTING FORTH PROPOSED REMEDIAL AMENDMENTS TO THE GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, PERTAINING TO SECTION 24 IN NORTH BELLE MEADE - APPROVED CHAIRMAN COYLE: County Manager, we're going to item number 8. MR.OCHS: Yes, sir. These are your advertised public hearings. First advertised public hearing is Item 8A. It's a recommendation to approve a compliance agreement between the Florida Department of Page 101 September 28, 2010 Community Affairs in Collier County, including petitioners and intervention, setting forth proposed remedial amendments to the Growth Management Plan, ordinance 89-05, as amended, pertaining to Section 24 in North Belle Meade. Mr. David Weeks will make the presentation. MR. WEEKS: Good afternoon, Commissioners. I'm David Weeks of your Comprehensive Planning section within the Growth Management Division. You have before you a proposed compliance agreement which staff is recommending that you approve. Very brief background, in 2007, the commission adopted amendments to the Growth Management Plan based upon the 2004 Evaluation and Appraisal Report. The Florida Department of Community Affairs, DCA, found some of those amendments not to be in compliance with state law. One part of those amendments pertained to the subject properties, Section 24, Township 49 south, Range 26 east within the North Belle Meade overlay of the rural fringe mixed-use district. After that non-compliance finding other parties intervened into the process. We've been in settlement negotiations since, and we're here before you today to present the compliance agreement that, again, staff is asking that you approve. I presume you'd want to know, what does the compliance agreement do? What does it accomplish? For all of the landowners except for the three intervener property owners, their density will be limited to one dwelling unit per parcel, and their other land uses besides residential will be limited to those as you find in the sending lands designation, which is a variety of conservation uses, agricultural uses consistent with the Florida Right to Farm Act. F or the three intervener property owners, it varies somewhat, but most specifically they are allowed to develop at one dwelling unit per five acres, what they have been historically allowed to develop as, if Page 102 September 28, 2010 they cluster their development. The agreement also, for those non-intervener property owners, would require them to preserve 90 percent of the slash pine trees on their property. The intervener property owners will have to preserve 80 percent of the existing native vegetation on their property and will have to pursue a Safe Harbor Agreement with the U.S. Fish and Wildlife Service and develop a Habitat Management Plan for the Red-cockaded woodpecker. So in short, the intervener property owners will retain more developer rights than the other property owners within Section 24 and will be held to a higher requirement for protection measures for the Red-cockaded woodpecker. Almost all, all but three of those non-intervener property owners, will not be negatively affected by the density being limited to one dwelling unit per parcel, and that's because all but three of those are less than 10 acres in size. So they, at the density of one unit per five acres, they would have no greater density than one dwelling unit per parcel. But there are three parcel owners that will have their density reduced without any compensation mechanism. Commissioners, I think that's the meat of it. If you approve this compliance agreement, it will need to be signed off by all of the parties, and then subsequent to that, staff will be bringing back to you amendments to the Growth Management Plan to implement the terms of the Settlement Agreement. CHAIRMAN COYLE: Okay. Thank you. How many speakers do we have? MR. MITCHELL: Six speakers. CHAIRMAN COYLE: Six speakers. Are any of the six speakers opposed to approval of this plan? (No response.) CHAIRMAN COYLE: Call the names and let me -- Page 103 September 28, 2010 MR. MITCHELL: Rich Y ovanovich. CHAIRMAN COYLE: I was looking for a way to shortcut it. If everybody is in favor of approval, then we don't need to be told six times, do we? MR. YOV ANOVICH: I agree. We're just here in case you have any questions on behalf of Hideout or Buckleys regarding the agreement. Obviously we support it because we're a party to the agreement. CHAIRMAN COYLE: Can we just go through the list and ask the people to tell us whether they're -- MR. MITCHELL: John Cowan. MR. DURANT: I'm Mike Durant. I'm the attorney for Mr. Cowan, and we have no objection at all. CHAIRMAN COYLE: Okay, thank you. MR. MITCHELL: Okay, Nancy Payton. MS. PAYTON: Nancy Payton in support for the Florida Wildlife Federation. CHAIRMAN COYLE: Thank you, Nancy. MR. MITCHELL: And Brad Cornell. MR. CORNELL: Likewise, in support for Collier County Audubon. MR. MITCHELL: That's all your speakers, sir. CHAIRMAN COYLE: And that's it? Okay. COMMISSIONER HALAS: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Halas, second by Commissioner Coletta. Is there any further decision? (No response.) CHAIRMAN COYLE: And if any of you want to come up and say anything, I'll be happy to listen to it. I just thought if you were going to all be agreeable, there's no point in taking the time to have Page 104 September 28, 2010 you, all six, tell us the same thing, okay. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. MR. YOV ANOVICH: Thank you. Item #8B ORDINANCE 2010-38: ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMP ACT FEE ORDINANCE) PROVIDING FOR THE INCORPORATION BY REFERENCE OF THE IMPACT FEE STUDY ENTITLED THE COLLIER COUNTY TRANSPORTATION IMPACT FEE COST AND CREDIT STUDY, DATED MARCH 11, 2009, AN AMENDMENT TO THE ADOPTED COLLIER COUNTY TRANSPORTATION IMPACT FEE UPDATE STUDY; AMENDING THE ROAD IMPACT FEE RATE SCHEDULE AS SET FORTH IN THE COST AND CREDIT UPDATE, WHICH PROVIDES FOR A REDUCTION IN RATES; AMENDING THE PARKS AND RECREATION IMPACT FEE SCHEDULE IN ACCORDANCE WITH THE ADOPTED INDEXING METHODOLOGY, UTILIZING A TWO-YEAR AVERAGE, WHICH PROVIDES FOR A REDUCTION IN RATES; ACCEPTING THE CALCULATION OF THE INDEXING PERCENTAGE FOR THE CORRECTIONAL FACILITIES Page 105 September 28, 2010 IMP ACT FEE IN ACCORDANCE WITH THE ADOPTED INDEXING METHODOLOGY, UTILIZING A TWO-YEAR AVERAGE, BUT PROVIDING THAT THE CURRENT CORRECTIONAL FACILITIES IMPACT FEE RATES REMAIN IN EFFECT RATHER THAN INCREASING THE FEES AS CALCULATED; AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF OCTOBER 8,2010, IN ORDER TO PROVIDE TIME FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE AND NOTIFICATION TO LOCAL MUNICIPALITIES OF THE NEW RATES - APPROVING STAFF RECOMMENDATIONS #1 THROUGH 6 OF STAFF RECOMMENDATIONS - ADOPTED; DIRECT STAFF TO LOOK FOR INCENTIVES PACKAGES AND BRING BACK TO THE BCC - CONSENSUS MR.OCHS: Commissioners, that takes us to Item 8B on your agenda this afternoon. I'm not going to read this whole thing, but essentially this is a recommendation to adopt an ordinance amending the Collier County Consolidated Impact Fee Ordinance dealing with adjustments to three impact fees today, the transportation impact fee, the Parks and Recreation impact fees for both community and regional parks, and your correctional facilities impact fee. Before Mr. Casalanguida gets started, I need an alibi for the board. I had also planned to have the school board impact fee considered on this agenda item, but when I called Ms. Patterson to ask her to put that on this particular item, she indicated that, and correctly, there was a public advertising requirement, so we're going to have to schedule that item for your next board meeting. I apologize for that. But I talked with Ms. Curatolo, and she understands, and she'll be available for that on the 12th. Nick? CHAIRMAN COYLE: Is-- Page 106 September 28, 2010 MR.OCHS: I'm sorry. CHAIRMAN COYLE: If -- you know, you're going to advertise it, there could be some people who oppose it, so we'll hold off on taking any action at all. MR. OCHS: Thank you, sir. CHAIRMAN COYLE: Okay, Nick. Go ahead. MR. CASALANGUIDA: Good afternoon, Commissioners. Nick Casalanguida with the Growth Management Division. As you know, we're in an indexing year with this three impact fees with community parks. We're seeing a down of minus 4.7 percent as an average, regional parks, minus 11.9, whereas correctional facilities is actually up 3.4 percent, but your staff is recommending zero change in that. With roads, an interesting thing happened. I have the fortunate benefit of working with Amy Patterson, who's one of the most ethical people I work with, and she came to my office going through the indexing and says, you know, Nick, we're coming up with about 5 percent reduction. And I said, well, that doesn't make any sense. She said, I know that. She said, well, let's look at taking the PPI out, and it came down to about 12 percent, and I said, well, we're -- CHAIRMAN COYLE: Why don't you tell everybody what the PPI is. MR. CASALANGUIDA: Producer price index. CHAIRMAN COYLE: Okay. MR. CASALANGUIDA: And what happened is, we said, well, our average road costs come down about 20, 25 percent. So I said, we need to look at this a little bit more. And she dutifully contacted Tindale Oliver and said, you were going to be in the area of a cost and credit update. So your staff is the one that suggested to our consultant, knowing what the board in the past has told us to be as accurate as possible, that we should really be looking at this, and gives you a true number of Page 107 September 28, 2010 what that impact fee should be. In doing so, we're looking at a 32 percent reduction approximately across the board in road impact fees, and additionally another 10 percent as the road impact fee goes from a utility relocate component to a -- from roads to utilities. So a total reduction of approximately 42 percent is what we're bringing forward now with roads. That said, I have Steve Tindale from Tindale Oliver & Associates who will make a brief presentation and give you -- some details for you, and then we have Amy for some follow-up and some housecleaning for the record, and I'm sure we have some public speakers. CHAIRMAN COYLE: Okay. You want to ask your questions now? COMMISSIONER FIALA: I'll wait. MR. TINDALE: Good afternoon. I'm Steve Tindale. If you'd like, I'll be very brief -- CHAIRMAN COYLE: Good. MR. TINDALL: -- with the presentation. Can I just click on this thing? First we're going to go through the transportation, and what we're looking at is cost and credit. That's just two of the components of the fee to do the update. We're briefly going to talk about the adoption phases, the cost component very briefly, the credit, discuss the demand fee, and then the actual change we're proposing. We're talking about moving forward with this in two phases, the first one being where you'd continue to use utility costs in the fee and adopt a lower fee, and the second fee would be when the utility people go through their rate analysis and get that changed, then you'd adopt the second reduction, which would be the second phase. So we're talking about a two-phase process in the adoption. Page 108 September 28, 2010 Very briefly on the cost component. We looked at right-of-way. The land value itself is not a -- people think about it, that's a huge part of it, but it makes up about 30 percent of the overall cost to acquire right-of-way. There's other items. So with -- even with a 40 percent reduction in land values, you'd expect a 12, 13 percent reduction in the right-of-way costs. So I just wanted to point out that the land value itself is not, you know, even 50 percent of what it costs to acquire right-of-ways, the administrative fees and other types of things you go through. The construction cost, we review bids, the local bids, the statewide bids, the district one, and you just can't believe the amount of data we have to look at with the volatility of what's gone on with construction costs. It's very -- fairly complicated. But we have an extensive amount of data all over the state that we use to come up with the estimated cost of what it's going to cost you to build roads. The cost decrease is basically, in the right-of-way, was 31 percent. The non-right-of-way components we're saying is a 32 percent reduction in the cost. So the first overall change in cost is the 31 percent, weighing those two in terms of their effect. When you pull the utilities out, that non-right-of-way cost moves from 32 to 40 percent, and then the fee gets reduced down 38 percent. So that's the two phases we're talking about, a 31 percent reduction, and then a 38 percent reduction. We were asked to briefly look at right-of-ways. You are urbanizing, and as you're building future roads, your capacities, because of the signalization, is somewhat decreasing, and we're just suggesting sometime in the near future you need to start looking at the other components, and one of them is right-of-way. Your right-of-way numbers right now are very conservative. They're somewhat overstated. And at some point in time we're suggesting you look at that. And I've got some graphics just showing what we're using, your Page 109 September 28, 2010 fee, and what -- some of the right-of-way in terms of adding capacity in some of the communities. The credit component, you are proposing to spend less money now. As we look into the future -- you have historically in the past. In the past, you were spending $51 million of non-impact fee money. Between moving your ad valorem money around and some other items, the credit is dropping from the 51 million a year to 34. And we have given the development community credit for future investments. They can't charge them twice. So what happens is your construction cost goes down, but because your credit -- your taxes that your spending is going down a little bit, it kind of moderates that total reduction a little bit because of the -- less of the current capital expenditures. There was four changes in the trip generation rate. I'm not going into the details, but every time we do an update, if you had 20 studies, now they have 30 studies, and the trip generation rate for some of the land use had changed, during that update we'd modify those four lane uses. The trip lengths. We, again, looked at it. We think the trip length, again, in the fee currently is conservative. We did some computer modeling and looked at some current local studies. And, again, we think sometime in the near future you need to go back and check your trip length. We weren't asked to do that in this. We were looking -- just those first two components. But we just documented in the appendix that we think this, right now, it's very conservative. The impact fee, the demand and the cost and the credit, basically the costs are down 31 percent. We left the capacity alone. The credit will make the fee go up a little bit because you have less credit, and the bottom overall change is the 33 percent. In Phase II, we're looking at the same -- same cost being 38 percent, and the overall change, as I said earlier, is 41 percent, which is a fairly dramatic reduction. Page 110 September 28, 2010 We're just showing some -- where you are versus where you're headed. And we didn't mean to, you know, make a big point of it, but we think the two or three counties that are higher than you are surely going to have to go through an update, and their numbers will start dropping down to where you're right in there pretty well average with the other counties. And that's the quick version of the presentation of the work we've done. CHAIRMAN COYLE: Good. Thank you. Commissioner Fiala? You had a question. COMMISSIONER FIALA: You know what, I wanted to -- thank you. I want to ask Amy, but she's going to be coming up. When you come up, I'm -- we talked a little bit yesterday, and I was wondering if you could please tell us how the impact fees have affected construction one way or another and how many paid upon units, you know, impact fee paid units we already have on the market, or would you like to wait? MS. PATTERSON: It's at the board's pleasure, if you want to go through the rest of the technical questions, and I can address some of these programs specific. CHAIRMAN COYLE: The only question I heard was the one from Commissioner Fiala, so let's try the answer to that one. MS. PATTERSON: Okay, sure. As far as how have impact fees affected the overall construction, of course it's relatively hard to say because we're in an extreme economic downturn. What we do know is we put a program in place two years or year and a half ago to help with commercial relief of impact fees for changes of use, and what that does is provides that business -- or buildings three years old or older no longer have to pay these change-of-use impact fees except for utilities, and they can open up businesses of higher intensity use in existing space. That program is performing well. At our last annual report, we had 40 businesses take part in that Page 111 September 28, 2010 program. Twenty of them were actually new businesses to Collier County; the other 20 were businesses expanding in Collier County. The other question that you had, and I'll -- I have a map actually showing the vacant commercial space that I can throw up on the visualizer that might help. Just looking at, what's the inventory of existing space right now for commercial. We're going to -- it's kind of a tricky map, but move it around so they can see the different areas. Try to get this on here the best that we can, but this is going to take a shot of Collier County, and you're looking for -- all of the blue dots are showing vacant or available commercial space. And I don't know if we can see, looking at the East Trail particularly or up around the Naples Boulevard area, there's an abundance of available commercial space. All of the blue dots represent something that's on the market either for sale or for lease, and there's lots and lots of those dots. We have there -- we have additional maps that hone in on Immokalee. Some of that information was provided by the CRA out there as to what their inventory looks like. We have the same thing for Marco Island. So the long and the short there is that we have a whole lot of vacant commercial space built. Your other question related to unbuilt number of units and commercial square footage, and unique to transportation is that we collect a portion of the transportation impact fees up front at site development plan or plat. So we have a running balance of those upfront payments, and we translate those to the available square footage or units. And we know that right now on our balance sheets that we have $66 million plus of upfront payments that have yet to be tied to a building permit. That translates to about 11,000 units or $2.3 million -- or .37 million square feet of commercial space. Now, taking this down to another level, we can look at how many of these have enough money paid up front to cover the total Page 112 September 28, 2010 transportation impact fees related to their project. That translates to about 4,500 residential units or about 1.2 million square feet of commercial space out there that's to be built in the future. CHAIRMAN COYLE: And emphasize, that is for the entire transportation impact fee. MS. PATTERSON: Yes. Those last two numbers I gave you means they have enough money right now prepaid to cover their entire transportation impact fee at -- before this reduction goes into place. These numbers are going to change. With a 42 percent reduction in fees, they're going to have a whole lot more units that they can cover because the rates are lower. COMMISSIONER FIALA: So we have 4,500 single-family units on the market that are already paid for but have never been built; is that what you said? MS. PATTERSON: Those are residential units, so that would be a mix of single- family and multifamily. COMMISSIONER FIALA: Okay. MS. PATTERSON: That are paid -- their transportation impact fees are paid, but those units remain to be built, so there's not a building permit associated to those yet. COMMISSIONER FIALA: Okay. And how much commercial did you say? MS. PATTERSON: 1.2 million square feet. COMMISSIONER FIALA: Okay, thank you. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Oil Well Road, was that contract this year? Did we let that contract this year? And that wasn't a part of the construction costs? MR. CASALANGUIDA: Construction costs were considered for Oil Well Road, sir. COMMISSIONER HENNING: Okay. Well, it said -- it says in here that we considered other years but not this year. But it was Page 113 September 28, 2010 included? MR. CASALANGUIDA: I believe -- Steve? MR. TINDALL: We used -- we used current year for counties because we have a lot of data. The state, at the time we did the study __ the state has finally built a road. But in the year 2010, when we were going to publish this, the state had not widened one road in the State of Florida. COMMISSIONER HENNING: I wonder why. MR. TINDALL: They just hadn't put a bid out and constructed one for eight or nine months. Now, we have got a state bid since then that matchings what we were doing. We feel a little bit more comfortable. So for the state construction costs, we were on a downward trend, and we're looking at that, and we estimated where we were. N ow since we've actually published, they have put a bid out that matches what we've done. So we made a point that for the county roads, we were able to use multiple years plus the current year. But for state roads -- and the state had bid -- essentially the state had bid components of roads in terms of asphalt and base, and we could build an estimate for 2010 if we thought they went out to bid, and we looked at that, but we did not have a bid, and now we have a bid that matches pretty well where we're proposing the construction costs to be. But we wanted to highlight, we did not have a bid, a current bid statewide for the state roads. COMMISSIONER HENNING: Do you consider our CIE or AUIR as far as impact fees, use that component? MR. TINDALL: Sure. The types of roads you're going to build, both your AUIR, the CIE, and long-range plan, we look at the -- are you building two to four lanes? Are you building two to six lanes? Where are you building them? Are you building them in the urban area or the rural area in terms of right-of-way? So we looked at both the AUIR, your CIE, and every project in your long-range plan as far Page 114 September 28, 2010 as what mix of types of projects you're going to build in the future. COMMISSIONER HENNING: And do you do that with all the impact fees -- MR. TINDALL: Yes. COMMISSIONER HENNING: -- funds, okay. Last question, and it goes back to your statement about the advertising for school impact fees. And I understand that the school board is recommending to the Board of Commissioners to reduce that 50 percent? MR.OCHS: Yes, sir, for two years. COMMISSIONER HENNING: For two years. Is there any way that we can consider making that retroactive today? MR. KLATZKOW: When that comes to you, should you decide to implement that, you can do it retroactively . You might want to do it the same date as this one, which is October 8, 2010, just so that everything falls on the same date. But yes, you can do it retroactive. COMMISSIONER HENNING: This one is applying October 8th. MR. KLATZKOW: Yes. COMMISSIONER HENNING: Our next meeting is -- COMMISSIONER FIALA: October 12th. MR. MITCHELL: October 12th. MR. OCHS: 12th. COMMISSIONER HENNING: So should we give direction to make these and the school's active October 8th? MR. KLA TZKOW: You need to hear the school. I mean, you don't want to predetermine that without hearing public speakers, for example. But at the next meeting, this will come back to you. We are advertising it. At that point in time you can make it retroactive to April 8th -- October 8th, yes. COMMISSIONER HENNING: October 8th or April 8th? MR. KLATZKOW: Or April 8th if you choose, yes. Page 115 September 28, 2010 COMMISSIONER HENNING: Okay. Thank you. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. I'd like to get a little clarification about what we're going to be doing with the utility fee that's part of transportation now and the transfer of it, and then I have some questions after you explain to me exactly what our intentions are on this. MR. CASALANGUIDA: Sure. We're one of the only counties in Florida that has the utility component in the road fee. And so what we're doing as we move our program east, we're also considering that as a factor. But our utility relocate component would come out of the utility -- the roadway transportation impact fee, and then it'd be -- utilities would do a study to look at where it would be appropriate to put in the utility impact fee or the rate for the utility user, and that might be a blend of both. But the utility folks would have that determination. COMMISSIONER COLETTA: Now, right at this point in time, this fee is attached to transportation, and it's collected from just about the whole county with the exception of an area around Everglades City where we have no impact fees for transportation. There's no intentions to build roads in that area; is that correct? MR. CASALANGUIDA: It's collected everywhere -- our road impact fee is collected everywhere in the county that -- that utility component is in our road impact fee everywhere right now. COMMISSIONER COLETTA: And that's also collected in Immokalee in the -- MR. DeLONY: Water/sewer district only. MR. CASALANGUIDA: I'm sorry, Commissioner. COMMISSIONER COLETTA: You want to make a correction on that? MR. CASALANGUIDA: No, sir. What I said is correct. COMMISSIONER COLETTA: Okay. So I mean, it's also-- Page 116 September 28,2010 that impact fee for relocating utilities is collected in Immokalee also? MR. CASALANGUIDA: Wherever we collect road impact fees, it is in that fee. COMMISSIONER COLETTA: Okay. And the way that the wording has right -- we have on this particular thing is that that money, regardless of the fact if it's collected throughout the county, can only be used for county utilities, which basically exists west of 951; is that correct? MR. CASALANGUIDA: County utilities exist east of 951 a little bit as well, too, on Immokalee Road, so there are some utilities east of951. COMMISSIONER COLETTA: That's correct, they do. I'll be most of the rural part of the county, Golden Gate Estates, Orangetree area, Immokalee -- I'm trying to think of some other examples __ Marco Island, they're all paying this fee, correct? MR. CASALANGUIDA: Yes, sir. And the nexus is that they travel on urban roads as well, too, so that's the reason why they pay that fee. COMMISSIONER COLETTA: They do. They travel on urban roads and they also travel on rural roads. MR. CASALANGUIDA: Yes, sir. COMMISSIONER COLETTA: So what -- the point I'm making is, transferring it to the utility itself will limit the geographical area that this money's collected in the future just to the utility part that's served by the Collier County Utilities, right? MR. CASALANGUIDA: I believe that's correct, sir. COMMISSIONER COLETTA: Well, I mean, I want to know if that's correct or not. A nod of the head would help. MR. CASALANGUIDA: Yes. MR. DeLONY: I'll take care of that. For the record, Jim DeLony, Public Utilities administrator. At direction, what we're -- what's being proposed is to remove the Page 11 7 September 28, 2010 road impact fee associated with the utility relocates __ COMMISSIONER COLETTA: Yes. MR. DeLONY: -- from the current impact fee. I'm going to be bringing you back the utility impact fee sometime this next __ COMMISSIONER COLETTA: Well, and I understand that, Mr. DeLony, and -- MR. DeLONY: And I'm going to bring it back. And in that fee for the water/sewer district will be those funds identified that are needed to take care for relocates based on his 1 O-year plan. COMMISSIONER COLETTA: Yeah. And so the new funds that will be collected at some time in the future will be limited to Collier County Utility geographic area, beginning and end? MR. DeLONY: Yes, sir. COMMISSIONER COLETTA: Okay. The problem is, we've already let the horse out of the barn. The residents of the area that I represent, the greatest part of that geographic area, including Immokalee and Orangetree and Waterways that are served by other utilities have been paying these funds. And I mean, that's a lame excuse to say that eventually they drive on an urban road and they're going to pay for it. What I'm submitting to you is fair warning that when it comes time that your department tries to bill the people of Orangetree, Waterways for the putting of the pipes under the road, there's going to be a darn good legal argument to make with the fact that they've been paying those impact fees. You can switch it now, that's fine. But I do have another thing I want to get to, and I want to ask you about. But it's -- that horse is out of barn now, and it's long gone. We'll deal with that situation when we come to it. But you have to be aware of the fact that this was totally improper, and it's just one of those things that we're going to have to deal with in the future. Now, let's talk about this impact fee that's going to move back to Page 118 September 28, 2010 the urban area to deal with the rate users for the county's sewer and water. That rate is how much now? MR. DeLONY: The -- for ERC, somewhere around about $7,000 now, there and about, 6,000 something, between 6- and $7,000 right now. COMMISSIONER COLETTA: Six, $7,000. Now, let's talk about the usage itself. And if you can't answer that, we'll get somebody else to do it. How much of that money do we need to build new plants in the next seven years? MR. DeLONY: Well, I'm not prepared to bring you an impact fee study today, but that is identified and approved by the board as our past impact fee study that was done in 2008. The master plan was approved at the same time. COMMISSIONER COLETTA: I understand that. MR. DeLONY: And -- but in terms of what is on the books __ and you'll be doing AUIR here in either November or December, you'll see that obviously there's no expansion, but you have to remember that that impact fee also covers the debt that we incurred over the last six, seven years of expansion of the water/sewer district's capabilities, consistent with our concurrency model. So whether it's going forward-- COMMISSIONER COLETTA: Again, you're talking about that element -- MR. DeLONY: It's not going towards new plans. COMMISSIONER COLETTA: -- of it, just the element that has to do with the replacing of the lines underneath the roads or any kind of roadwork and the impact there. I'm not talking about your full impact fee. I want to address just that one issue and that issue alone. MR. DeLONY: The impact fee amount that is in this -- when we sit (sic) down here before this meeting today and sit down and parsed out the road plan for the next 10, 15 years, or 20 years, excuse me, and we looked at what would be the amount of money to be generated Page 119 September 28, 2010 over that period of time in the water/sewer district area for relocates associated with roads, it was about $18 million over that period of time, sir. COMMISSIONER COLETTA: That's then. MR. DeLONY: Yes, sir. COMMISSIONER COLETTA: Okay. We're talking about now and what we're up against, and we're not expecting to build another plant for a long time to come. We have an adequate capacity out there. What I'm thinking about is that we ought to consider the fact that we take this particular fee and sunset it for a period of maybe three to five years for reconsideration at that point in time rather than just passing the fee on. I think we ought to really give consideration on that. MR. DeLONY: And, sir, I would recommend that we can talk about that when I bring you back the impact fee for the water/sewer district and see within the context of that, the impact of that particular sunset in terms of what it would do to that fee, not primarily to the instance of the cost of the fee, but what it means in terms of our ability to reduce the debt load that's already in place that the impact fees take care for. The money's already been spent and borrowed, and the impact fees to be collected are retiring the cost of that debt and the interest to that debt. COMMISSIONER COLETTA: Okay. Does that include the debt for the pipes under Oil Well Road for the Orange Tree Utility? MR. DeLONY: No, sir, it does not. COMMISSIONER COLETTA: I think we ought to retire that fee. MR. DeLONY: It was not calculated as part -- it was not calculated in the prior calculation. And the allocation of money that I've looked at so far, working with transportation, is not in that -- in that $18 million I spoke to either. Page 120 September 28, 2010 COMMISSIONER COLETTA: Well, let me ask you this, Mr. DeLony, and I don't want to, you know, take all the time away from this commission. At this point in time we're talking about removing it from road transportation; is that correct? MR. DeLONY: The recommendation of the study that you have in front of you moves the relocation cost of utilities in the water/sewer district back to the impact fee for the water/sewer district. COMMISSIONER COLETTA: Okay. Now, that's if -- this is going to all be done in one step today. This isn't going to be done in several steps in the future, in other words, to set that fee? In other words, anything -- anybody goes down and they -- after we get through with this meeting, or whatever date that this takes effect, probably, what, October 1st, they'll go down to the licensing, permitting department, and they go to pay their impact fees, that impact fee will now, at that point in time, be in the sewer/water part of their bill? MR. DeLONY: The proposal that you had from Mr. Tindale, I believe that the presentation, there was a chart, actually talked to a Phase I that holds it where it is right now, and then when the utility brings in its impact fees later this year, we pick up those costs, and then there would actually be the reduction taken at that time. As I recall, there was a Phase I and Phase II, so it will be at that __ implementation of Phase I, and then implementation of Phase II. COMMISSIONER COLETTA: I do appreciate your attempt to answer my questions. I still feel very uncomfortable with the direction we're going on this. MR. DeLONY: Yes, sir. COMMISSIONER COLETTA: Thank you. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yeah. I was just wondering, is there -- is there a reason that we have to make the decision today? It Page 121 September 28, 2010 mentioned October 8th a couple times, but then we -- it did say we had to wait for the utility fee to come back and until the county manager reports back on Page 3 with his findings mentioned and then after the DSAC had adequate time for a full review. It said they didn't have any time. It sounds like there's a lot of things left hanging, and we're trying to make a decision without those things being cleared. MR. CASALANGUIDA: Little clarification. The study has been done, so the 32 percent reduction, you almost want to implement that immediately because you want to give the people, the public, the benefit of that reduction. The only reason for the delay in the 10 percent was to allow the utilities to do the calculations and present the fee at the same time, so it would be a switch at the same date. So the 32 percent would go into effect on October 8th, 10 percent as soon as Mr. DeLony's shop showed up and said, okay, we've got our impact fee calculation, here's our adjustment, the board adopted that, then the 10 percent would kick in for roads, and then his adjustment would show up in the utility fee. So that's the only thing we're waiting for. The other two items, the capacity added and trip length is for us to do a study and bring it back to the board in our next update and let you folks get a chance to review it. COMMISSIONER FIALA: Oh, okay. CHAIRMAN COYLE: Okay. Let's call the speakers. MR. MITCHELL: Thomas Lykos. MR. L YKOS: Good afternoon, Commissioners. Thank you for your time this afternoon. For the record, Tom Lykos. I'm president of a local remodeling company here in Collier County. I'm not going to comment on the specifics of the impact fee study. My purpose today is to share a business owner's perspective with you. In 2004 new single-family home construction peaked at 4,111 Page 122 September 28,2010 units. In 2,009 the total of new single-family homes fell to 614. That's about a 3,500-unit drop in new single-family homes per year. Not only has the community lost nearly 10,000 construction jobs, but also approximately 7,000 jobs in nonconstruction sectors of the economy, like retail, restaurant, and professional services. I've been fortunate enough to survive this economic downturn; however, I've seen many good small businesses, small business owners, lose their companies and even lose their homes. Many business owners in the community are holding on looking for a sign that things are going to get better. I ask that you reduce the impact fees by 50 percent not only to stimulate our economy but also to show the business community and our residents that you recognize our plight and will take the steps necessary to do all that you can to stimulate our economy and put our residents back to work. Let's create jobs, let's create demand, and let's create prosperity for everybody in our community. Thank you. MR. MITCHELL: Melissa Ahem. CHAIRMAN COYLE: Can we call two people so we can reduce the delay between speakers. MR. MITCHELL: Yeah. David Aldrich. CHAIRMAN COYLE: David, why don't you come up to this podium, and then we can alternate here. MS. AHERN: Good afternoon. I'm speaking today from a construction viewpoint. Our business has decreased by 85 to 90 percent, and we went from 90 employees to two in about 18 months. The new single-family resident opportunities that we've had presented to us, unfortunately, just aren't appraising out. Most of these vary between say probably 15- and 40,000, and this is where we can really help by decreasing the impact fees. So for this reason, I support the chamber's request for a 50 percent reduction. Thank you. Page 123 September 28, 2010 MR. ALDRICH: Thank you, Commissioners. David Aldrich, Collier Building Industry Association. I just have a few points to point out in the current study. The current study references an 18 percent reduction in the credit. We are currently receiving only, obviously, 82 percent of the credit which is funded to the gas tax. Impact fees were not bonded. Gas taxes are paying these bonds covering the debt service. Credits are averaged over a 19-year period. We could not find a logical reason for these 19 years to be done -- for this to be averaged over the 19 years. There was no logic for that argument. Currently, the blended values of state and county are being used for the right-of-way values. These blended -- are blended between urban and rural. Going forward, we feel most of our transportation development's going to be in the rural area of the county, not urban. So we feel that number is skewed. The study also uses a blended cost for state and county roads. The cost per-lane mile is $6.28 million, which is being lowered to 4.22 million. That's a 33 percent reduction. I remind you, this is down from over 9 million in the past. The state is currently at 4.7 million. Our county uses an 88 percent value of the state value. Our question is, is why are we using the state number when we have our own county number? The state number is much higher than what we can be using in this study for the county calculation. Currently, per-lane mile, there is a carrying cost of $170,000 for interest. Why is there an interest of impact fees when impact fees are supposed to be prepaid or pay as you go? Currently, interchanges -- why aren't developer contributions being counted for our interchanges? That is -- we did not find that in this study. There are two things I'd like you to take into consideration going Page 124 September 28, 2010 forward. Utility charges. We don't see the need going forward to bury utilities for the next 20 years. Our development is going to be in the rural areas of the county . We've already determined that the utilities will not be buried in those roads, so we don't understand why now we're going to take an impact fee off your transportation and create a new one in utilities when we feel there won't (sic) not be the need for burying those utilities out east of the town. Lastly, the trip counts. There are ten thousand, two thou- __ 10,200 vehicles per day, which have been reduced to 9,100. Rural capacity is between 17,000 and 18,000, and this is where most of the road construction will occur is out in the rural county. The study is citing more traffic signals, but that will not be the case in these rural areas. I ask you to look at these inconsistencies in the study. Thank you. CHAIRMAN COYLE: You know, I'd like to get some answers to those questions. But, you know, one of the things is that this __ wasn't this submitted to DSAC? Why weren't these questions raised when it went to DSAC? We would have had answers today. MR. CASALANGUIDA: Sure. Some of those questions were raised by one of the DSAC members, Mr. Jarvey, who submitted a questionnaire, and we responded in-kind to that questionnaire. CHAIRMAN COYLE: Okay. Well, can you give us answers to those now? MR. CASALANGUIDA: Sure. I can cover some of them. CHAIRMAN COYLE: I mean, we can't take that information on the fly and just say, yes, you're right or you're wrong, you know. We have to have some substantiation if we're going to make a change here, and we're here getting ready to approve an update. MR. CASALANGUIDA: Don't disagree, Chairman. CHAIRMAN COYLE: Okay. MR. CASALANGUIDA: When you get a list, a flood of 12 questions that are technical like that on the fly, I feel the same way. Page 125 September 28, 2010 I'm trying to understand each one of them -- CHAIRMAN COYLE: Yeah. MR. CASALANGUIDA: -- listening to them as we go. Things like the utility component that we talked about a little bit, if you're outside the water/sewer district you won't pay a utility component charge as part of your impact fee; you don't have one in there. So as the program moves farther east and it's not in the water/sewer district, no one would pay that fee, as opposed to, right now you would pay that fee, again, using that urban area cost. The capacity per-lane mile, we discussed that a little bit. We're bringing you back a study, and we're not adjusting the capacity. As Mr. Tindale Oliver (sic) had shown you, we're at the lower end or the average end right now of the statewide numbers that are being used, and we're going to bring back to the board a study on capacity added. We're conservative in our trip length. We've shown you that we're at 5.88 when the rest of the state is using seven to nine, so we're conservative in that location. CHAIRMAN COYLE: Wait a minute. You're not contemplating a change in trip length in this calculation? MR. CASALANGUIDA: Not with this calculation. CHAIRMAN COYLE: That's right. MR. CASALANGUIDA: That's right. So we're going to come back with that information to show you that we're conservative on that as well, too. The carrying cost. That's one item that was discussed as well. We have a carrying cost for our projects that we incur. Public Utilities does as well, too. That's been brought up many times. Cost of interchanges, those are numbers that are provided by DOT estimates. And the question was, why don't we use developer contributions for that? All of the money that's identified in our program is broken into our fee, whether it's private or public, so that's all in our fee. Page 126 September 28, 2010 And I can't remember all his questions, but-- MR. TINDALL: One was credit. MR. CASALANGUIDA: One was credit. MR. TINDALE: We looked back five to ten years, we looked forward five years and ten years, and I think we did exactly what he said. To only look forward five, we'd come up with the same number we come up with that, when we look back, it was like 14 cents, when you look forward, it's like 9 cents, and the current is about 11, and we put 11 in there. So what he just recommended wouldn't change the number, and we wouldn't use such a small time period to do it. But I guess if the number had went down during that time period, he probably would not recommend using the one time period he's recommending. But doing exactly what he said on the credit would not change it. We just on the fly calculated it, and it would be almost identical. CHAIRMAN COYLE: All right. Thank you. MR. MITCHELL: Okay. Gary Butler has ceded his time to Bill Spinelli, and he'll be followed by Bruce Anderson. MR. SPINELLI: Good afternoon, Commissioners. For the record, my name is Bill Spinelli. I've given a copy of my notes over in case anybody is interested in them. I'm here today to address the 2010 Transportation Impact Fee Study and the related recommendations from your consultant and the county staff. The request from the Greater Naples Area Chamber of Commerce policy leadership is to reduce the transportation impact fee by a minimum of 50 percent across the board and postpone indexing for two consecutive years. The chamber requests that the commission modify its impact fee public policy so as to promote job creation and grow Collier County economic activity in balance with the competing needs of our Smart Growth Management Plan policy. Page 127 September 28,2010 We respectfully request that the commission direct staff to work in cooperation with the broader base civic community and the private sector to present an economic incentive plan which includes significant reductions or elimination of impact fees entirely for projects that create desired jobs. The goal of this policy is to rework current, less effective incentives and boldly encourage the industry clusters of our future to locate here in Collier County with the high-quality jobs that they create. Why lower the impact fee by 50 percent instead of30 percent? Reason number one. In reviewing the impact fee cost and credit assumptions in the current study, it is clear that staff and the consultant are following nearly decade-old framework to maximum the amount of transportation impact fee. This approach does not consider Collier County needs to compete for every job-creating opportunity with neighboring counties and communities outside of our . regIon. There are many counties in Florida that have imposed impact fee moratoriums for a year or longer and are now starting to extend those moratoriums as the lower impact fees, taxes, quote-unquote are working for those communities to create opportunities. Very recently the mayor of Lee County, or better said of the City of Fort Myers, is proposing a five-year moratorium of transportation impact fees. The next time a major new employer like Naples Community Hospital looks to expand, as it did with DSI Labs, we hope to extract those 1 OO-plus jobs in Collier County, not have them move to Lee County. Maybe we can convince Arthrex to expand right here in Collier County with their next 150 jobs. Reason number two. A point of significant concerns is the provision to back average costs for two years in a declining cost environment. This will result in the impact fee being approximately Page 128 September 28,2010 10 percent artificially high for the first year and then dropping 10 percent in year number two. The concern is that business will choose to wait until your number two for your lower fee and thus postpone starting the project and the job creation for yet another year. Reason number three. This 50 percent reduction includes the elimination of utility relocation fee of approximately 10 percent instead of moving these costs to a utility impact fee. The future roadways are more in rural areas that do not include this type of cost. Some historical perspective. As you know, this study is presented in accordance with the county's adopted impact fee ordinance. This ordinance was framed several years back in order to maximize the amount of impact fee collections and to fund much-needed infrastructure. At the time the county had fallen behind in executing its infrastructure plans, and there was urgent need to catch up. We had road segments at failure and several more segments approaching failure. Collier County had a real problem that called for a high-priority response. In the early part of this past decade, Collier County, under this very commission's leadership, embarked on the largest road building project in county history. I think this commission can take credit for recognizing and addressing the urgent priority at that time. It is fair to say that you have successfully solved the crisis. Some pertinent facts. Since 2004 Collier County has spent more than half a billion dollars on road projects and intersection improvements. We have built approximately 400 lane-miles of roads in Collier County since early last decade. This does not include the $430.5 million 1-75 expansion started on October of '07 and completed in 2009. The 2004 AUIR proposed transportation five-year work program detailed 23 projects totaling $502 million. It used high BEBR Page 129 September 28, 2010 population estimates detailing the county's population growing from 300,000 residents at the end of'04 to 381,000 residents at the end of '09, and on to 412,000 residents at the end of'010. BEBR estimates Collier's actual population at the end of2009 is only 332,000. We have 50,000 less people than the 381,000 projected in the 2004 AUIR $500 million work plan. We also have a highly functioning six-lane 1-75 that was not known when we adopted that plan. Based on -- am I __ MR. MITCHELL: You have a minute. MR. SPINELLI: Okay. It might take me a little more than a minute if that's okay. It's not okay. Okay. Based on the county estimates using 20 percent peak traffic counts, Collier has 150 miles of extra capacity on its existing roads. That equates to an extra 60- or 70,000 people coming here. Having quality roadways and ample capacity for growth is a good thing for future job creation, as long as we can get the impact fee where it needs to be. Population trends for the last five years -- 30 years, ending 2003, 5 percent a year; '04, 4 percent; '05, 3-and-a-half percent; '06, two-and-a-half; '07, 2; '08 and '09, no population growth. The age of population-growth-driven economy is over. It's behind us. I will skip down to the end here. I guess I'll be done, if there's no more time. CHAIRMAN COYLE: You can take another 10 seconds, if you can -- can you get your closings? MR. SPINELLI: No. You know, I really can't, but that's -- I guess what I'd like to say is, I suggest there is a new priority for the next decade of the 21 st Century, as our population growth has slowed, stopped, and maybe even declined pending the results of the 2010 census. I hope the commission will help redirect public policy to meet the needs of the next decade as you did to meet the needs of the last Page 130 September 28, 2010 decade. Thanks for your consideration. CHAIRMAN COYLE: Thank you. MR. ANDERSON: Good afternoon, Commissioners. My name is Bruce Anderson. First of all, I want to compliment staff on taking the initiative on reducing impact fees. It's a good thing, another of the fine changes that have come about. I want to support staffs proposed reductions, but let's not delay on removing the utility relocation factor today. Most other local governments don't include it, and you shouldn't wait until you consider how you want to handle with utility impact fees or user rates. Take it out today. If you delay, you're only going to serve to delay homeowners, new homeowners, builders, or new businesses that might come to town that will put off their permitting process because they know another 10 percent reduction is on the way . We don't need to encourage additional delay on economic recovery. So I would ask you to go ahead and remove that today. I think that's a good compromise between -- with the 50 percent that was earlier suggested. Thank you. MR. MITCHELL: The last two speakers are Steve Harrison and Mike Timmerman. MR. HARRISON: I'm Steve Harrison, chairman of the County Productivity Committee. You've had us review these from a methodological standpoint, as we have done for the last two years. In this case in the transportation fee, there was one of the assumptions that has been characterized as conservative, that being the average trip length. And our view and recommendation was that, perhaps, it's too conservative. The average trip length, which is studied periodically, is somewhere between 9.8 and ll-and-a-halfmiles, and we're building into our gross requirements only 5.88, which I think Mr. Tindale said is about 60 percent of what it was in the last study. Page 131 September 28, 2010 We questioned him as to what are other counties doing, and I guess the central tendency is around 80 percent. So there's a risk here that we're not adequately providing for what's happening to our trip miles. We asked him to consider doing an update on the trip-length study and as part of that increasing the average number of miles to like 7, 24 which would bring it to, I think, 80 percent of the former study and in line with what most other counties are doing. CHAIRMAN COYLE: Thank you, Steve. MR. HARRISON: Any questions? MR. TIMMERMAN: Good afternoon, Commissioners. For the record, Mike Timmerman. I was asked by the leadership at Naples Chamber and CBIA to help them kind of look at the AUIR and the transportation impact fee just from a standpoint of an economic incentive. And I think Bill kind of commented a lot on the results that we came up with. Bottom line is, our population has continued to grow, but not growing at the same rate it has for the last 25 years. I've been here in Collier County for 27 years and seen an awful lot of changes occur. One of the things that we're finding is that we've built the infrastructure. We have the capacity in the urban area that will sustain a new population of 60- to 70,000 people, and that analysis was done based upon the average trip length, and so on, for each of the different uses. The reduction of the impact fee is an impediment that hurts businesses that are looking at the county. As you know, we went through and kind of looked at the different impact fees from different counties, Lee, Charlotte, Sarasota, Palm Beach and Martin counties. Really the goal is to try to go ahead and provide that impediment. And I know that some people think that, well, by reducing the impact fee, there's not going to be a real big change in what's going to end up happening, but anytime that we can go ahead and reduce an Page 132 September 28, 2010 impediment for any kind of development, any kind of jobs that can be brought to the county, anytime somebody looks at the county and sees the fees they've got to look at and fees they've got to pay, anytime they go through and look at that, that's something that gets them to start looking. It's kind of akin to, right now, we're all sitting down and waiting kind of to find out what's going to happen with the Senate and the House regarding the Bush tax cuts. Everybody's kind of waiting to see what happens as far as their moving forward with any kind of investment. It's a similar situation here. What it does is it sends the message that we're encouraging people to go ahead and move to Collier County, we're encouraging businesses to move here and helping with our employment and with our economic diversity. Thank you very much. CHAIRMAN COYLE: Thank you. That was the last speaker? MR. MITCHELL: That was the last speaker, sir. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Real quick. In this calculation, did we use right-of-way costs in the urban area? MR. CASALANGUIDA: Commissioner, I'm looking at those numbers. They are blended. You're looking at urban and rural. COMMISSIONER HENNING: Where are we acquiring right-of-way in the urban area? MR. TINDALL: I'll tell you exactly what we did. We took the right-of-way estimates, and we looked at the amount of development along the roads that we had right-of-way costs for, and then we looked at every road you're going to build, and we looked at whether there is any single-family homes along those road, whether -- how much was developed, and it wasn't just rural or urban is -- is the roads you're getting ready to build in the next ten years, are they in an area where you don't have use of land, or is there structures of land there? So we were very conservative, what we were doing, and we Page 133 September 28, 2010 made sure that the right-of-way estimate was based on the reality of the actual development levels. And when you go out there and build a road and there's no development along that road, it is much cheaper. But when you go out there and there's single-family homes, there's a difference. So we looked at the combination of the rural costs and urban costs and specifically the amount of development along the roads you were projecting to estimate the right-of-way, well beyond just taking an urban cost and a rural cost. We looked at specifically the development levels along the projected roadway construction. COMMISSIONER HENNING: I'm not sure if the answer is in that explanation. MR. TINDALL: So the answer is, we used urban and rural, but we did it based on the development levels that were actually at the sites. COMMISSIONER HENNING: What roadways in the urban area are we -- need right-of-way? MR. TINDALL: Vanderbilt Road extension Phase I, and Golden Gate Boulevard and Wilson Boulevard to DeSoto. COMMISSIONER HENNING: Those are in the rural area. MR. TINDALE: Well, it's -- we got a -- we got a suburb- -- we got an urban area, we have an urban service area, and we have a rural area. So these are the ones we used. I think they're in the urban service area of your transportation plan. They may not be in your mind what you call, you know, the City of Naples. COMMISSIONER HENNING: What was the average cost per acre for your urban, what you're citing Vanderbilt Beach extension and Golden Gate Boulevard? MR. TINDALL: Golden Gate Boulevard, the average cost per-lane mile was a million dollars. We had one project, which was Oil Well Road, where the average cost was 600,000. COMMISSIONER HENNING: Okay. Let's just stick with Page 134 September 28, 2010 acquisition of right-of-way. How do you -- how do you determine the cost for those two roadways, Vanderbilt Beach extension and Golden Gate Boulevard? MR. TINDALL: We went through your right-of-way people in terms of the number of parcels, the development of the parcels, the administrative costs, and the land values. They have like six variables we go through. And from what we can go -- and we checked this two or three years ago and we checked it again -- the actual land value cost runs less than 50 percent of all the costs in terms of the acquisition. COMMISSIONER HENNING: Well, you -- prior you just said that it was 30 percent of your total cost. MR. TINDALL: No. I said if the -- let me see exactly what I said. If you -- it's on that slide. It's 40 percent and 30 percent, and ends up being a 12 percent effect, and I'd have to go back and check which one of the two is in terms of the weight. COMMISSIONER HENNING: In our executive summary, you're stating how you arrive to these costs. One is construction cost and one is land cost. MR. TINDALL: Right. COMMISSIONER HENNING: I'm trying to get an answer on what your land costs are and what you consider -- MR. TINDALL: You can go back on each one of those and get the numbers. MR. CASALANGUIDA: Let me show -- we can go through the index. She's got appendixes there. But as part of the cost and credit update, what we do is assign a staff, or sometimes it can be myself. We actually will sit with our right-of-way folks, and there's two components to that right-of-way cost. All the actual purchases that have gone before the board in the last six months to a year, we look at all of those. When we talk about right-of-way costs, when you say per acre, most of our costs aren't the acreage land value. It's the attorneys' fees, the appraisals, and things Page 135 September 28, 2010 like that that add into it as well, too. So sometimes, like we met with DSAC and the other folks, they talk about the raw land costs. And then we say, when you buy a -- I'll give you an example -- a 15-foot sliver on, say, Golden Gate Boulevard that's 155 feet long, that land value may only be $10,000, and we may spend another 5- or $10,000 just in attorneys' fees and processing of that purchase. So that's where it gets a little confusing, because some says, what's your raw acre land cost, well, that's what the -- that's what we have, but we also include attorneys' fees, appraisals, damages, things like that, to replace fences or other structures. COMMISSIONER HENNING: Okay. So it -- wrong word. Not acre, maybe raw land costs. MR. CASALANGUIDA: Total acquisition costs is what I would use. COMMISSIONER HENNING: So where are the -- where is the land when you consider urban right-of-way purchases? Where is that land? MR. CASALANGUIDA: Well, in our urban area, what you define as urban, we'd be purchasing right-of-way on Collier Boulevard. So in terms of our back right-of-way purchases, any right-of-way that our right-of-way section has purchased on Collier Boulevard in that section we had in our five-year plan, which may come out, that Golden Gate to Green, all those purchases are provided as backup information as well, too. So we look at everything we do, and we provide that to the consultants, say, these are all our purchases that we've done in the past 12 months since we've done our last update to update -- to give them a correct update, and that's what I believe we provided to you. COMMISSIONER HENNING: But most likely you won't do Collier Boulevard. Page 136 September 28, 2010 MR. CASALANGUIDA: Well, right now the bad news is -- and, you know, we're going to get more into it in the CIE and AUIR, but -- we have a $7 million grant that we may lose as part of this reduction. That's just a reality of what we're doing. COMMISSIONER HENNING: But it's my -- I guess it's my assumption that you use that right-of-way cost for the calculations for these impact fees. MR. CASALANGUIDA: Right, but you do it -- even though you may not be able to fund it because you're not collecting enough impact fees, you still have it in your ten-year plan -- or in your plan to do, so it's still a road that you're going to build at some point in time. It gets pushed out. It's almost circular, if you think about it. The more I reduce it, the more things get pushed out. Then your argument would be, since it's pushed out, don't count that project. But sometime you're going to get to that project. That's the delicacy of it, I would say. But we're still going to do that project at some point in time. Hopefully we can keep it in our five-year plan. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I -- wasn't I before you, Commissioner Halas? COMMISSIONER HALAS: I don't know. Go ahead. COMMISSIONER COLETTA: Okay. Thank you. CHAIRMAN COYLE: We're doing in alphabetical order now. COMMISSIONER COLETTA: Thank you. Thank you, Commissioner Henning, for your attempt to get the mike in front of me. I have my own. I don't need yours. Thank you very much. You have two of them. That's pretty neat. Let's talk a little bit about what the world's all about. We have this coming up because it's the fair thing to do. We raised impact fees by these rules, these very rules that we're now decreasing them, so it only seems logical we'd follow that; however, everything has a cause Page 137 September 28, 2010 and effect to it. Nick, what is going to happen when we roll back to these impact fees as far as our work program goes out there and the future? We just -- we need to know that also, plus I have a couple more comments, questions. MR. CASALANGUIDA: Commissioner, unfortunately, between you and Commissioner Henning's district, you face the brunt of the reductions because that's where we are when you look at about a 42 percent reduction on a $68 million program, almost cut in half. You look at Collier Boulevard which is in year' 13 where we worked hard to get a $7 million grant, may come out of the program. The bridge on 23rd, right-of-way acquisition on Golden Gate Boulevard, on Vanderbilt Beach Road extension is going to slow way down. Those are the repercussions all, mostly within your district and Commissioner Henning's district. The challenge is, you still have to respond to DCA and say that you're going to meet Chapter 163, Rule 9J5 at concurrency. They could find us in noncompliance next year and say, you're not doing anything with Collier Boulevard, and Golden Gate Boulevard has been in your new sixth year for the past three years and hasn't come in. What are you going to do about it? And we're going to say, we're going to keep buying right-of-way a little bit at a time. At some point in time that's not going to be the right answer for them. They're going to ask for a little more effort from the county to take care of those problems. COMMISSIONER COLETTA: So the repercussions of this will be more towards the eastern part of the county than the urban part of the county? MR. CASALANGUIDA: Other than 951, which is urban, it will be more towards the eastern. Your programs to the east, that pipeline production line, is going to slow way down. COMMISSIONER COLETTA: Okay. Now, let's talk about the Page 138 September 28, 2010 -- Bruce Anderson made some very good points regarding the fee that's added to the impact fee that we were talking about transporting over to utilities about, maybe that's something at this point in time we should sunset. Although, I don't think I'd be willing to go that far. I'd be willing to put it on some sort of suspension for, you know, two to five years until we could re-evaluate when that time comes. Why not have it where the utilities in that area that it's impacted along with transportation have to come up with some reasonable way to be able to handle the cost rather than assign an impact fee; why wouldn't that be a logical way to be able to work? MR. CASALANGUIDA: Two things to answer your question. Bruce's recommendation was to do the instantaneous 10 percent reduction right away. And talking between staff, I think you're going to have utilities coming back fairly quickly. We're okay with that. If you didn't want to -- if you wanted to encourage development to come now and you do the 42 percent reduction today, I think staff understands we'll be back real quick with utilities to do that. We'd be okay with that. That would eliminate that, I want to wait another month or two to submit a project. To answer your second question, anytime you defer anything, somebody else is going to have to pay that eventually. COMMISSIONER COLETTA: Honestly, that's the truth. MR. CASALANGUIDA: Yep. COMMISSIONER COLETTA: But it's the fairness of the whole issue and how this whole thing shakes out. First we're going to be trying to accumulate money to be able to cover, well, past debt, which we've got to cover regardless, but also to anticipate a future that we're not quite at yet -- ready to be able to approach yet, to be able to justify putting money aside. That's what's got me concerned. If we come up with a policy that says, okay, when we have to replace utilities under a street, rather than charging new development alone for that, let's approach this in a more global scale and say that Page 139 September 28,2010 that's going to have to be covered by the utility along with transportation to some degree, and make it fair across the whole county, whether it be Marco Island or Immokalee or anyplace else in the county that's not under county utilities would have the same kind of ground rules to be able to work with. That would only be fair. MR. CASALANGUIDA: I think what Administrator DeLony pointed out to you as a real good answer to you was that, let him bring you the impacts when he does the utility study, because I think -- a lot of speculation on just doing a deferral. I think you'd want to see how it would impact the utility user, the ratepayer, and how it would impact the utility impact fee. You'd probably want to see it when you looked at the utility impact fee without making that decision today. COMMISSIONER COLETTA: Okay. And I'm going to be listening to what my fellow commissioners have to say on this subject. It's still of great concerns to me. But in 2009 the board directed that the updated -- the trip length not be used in the calculations of the updated fees. Now, under the agenda recommended here, item number six, we're directing the county manager and/or his designee to work with the county impact fee consultant to collect additional data related to trip length and capacity-added components and report back to the board with their finding of the analysis. If we already directed not to do this, why are we coming back now? We're trying to lower the rate that's right in lines with what we need to do to be able to meet the rules and regulations we've put together, and now we've got staff coming back with a recommendation, let's look at it one more time by going back and picking up something that we recommended just a year ago not to do. MR. CASALANGUIDA: If I go off of memory -- and I'll check the record just to make sure I'm correct -- I believe it was Commissioner Coyle that said you only had four data points, you didn't have enough information. You guys need to go back and look Page 140 September 28, 2010 at this in more detail. And we could have brought it up at this meeting but felt it would be not appropriate because of the reduction you're looking for. You're looking at possibly coming back a year or year and a half from now for the board in consideration to look at what the actual trip lengths are. Probably taking, you know -- in fact, it's on the screen -- the samples that we have. Taking four or five more samples and actually showing the board what we have compared to what we actually measured out in the field and what other counties are doing, and it's always the board's discretion not to use that information. COMMISSIONER COLETTA: Sure, I understand. And I just want to point out that I'm only working from the agenda that's in front of me. MR. CASALANGUIDA: Sure. COMMISSIONER COLETTA: And it was pretty specific in the way it says that we directed. It didn't say how we directed. I appreciate any clarification that you give us on this. MR. CASALANGUIDA: Sure. CHAIRMAN COYLE: Well, I can clarify it a little more. The point is, had you used the trip length adjustment last time, it would have been -- increased the transportation impact fee, I think, by around 12 percent. MR. CASALANGUIDA: It would have -- yes, it would have -- CHAIRMAN COYLE: So -- and we were saying, that sounds ridiculous, particularly in view of our efforts to move commercial facilities further east to serve the communities that were growing in population. We couldn't rationalize. It sounded counterintuitive to me that we would increase the trip length when we'd actually expanded the availability of commercial services further east for our population there. Page 141 September 28, 2010 It still sounds counterintuitive to me that it should increase and, furthermore, I still have a problem with the points you have selected for analysis. But nevertheless, I'm willing to wait for some justification with respect to that. So I just want to add that so that Commissioner Coletta has a full understanding of why we did not use the increase in trip length that would have resulted from our past update, and it's the same logic that we -- that you have agreed not to use -- MR. CASALANGUIDA: Yes, sir. CHAIRMAN COYLE: -- an update this year to do the same sort of thing. But at some point in time we have to agree on a proper trip length figure. And if you come up with that data over the next 12 to 18 months, then it's perfectly logical we should consider it, but -- and I'll save my comments till later. But Commissioner Halas? COMMISSIONER HALAS: Yes, thank you, Chair. I've heard all this -- the arguments. I've heard what the people in the audience have brought forth. One thing you've got to remember is that if we want to get aggressive in cutting impact fees, then we have to have also a commitment from the community that we will get aggressive to increase them if the time comes. Let's face it -- and I'll have Amy Patterson help me along with this. I believe we've got like 22,000 homes or better that are in foreclosure, that the impact fees have been paid on. We're not selling -- those -- the homes are not moving in this community. And Amy can help me out on this. Did you say that we presently have 1.2 million square feet that's vacant? COMMISSIONER FIALA: Commercial. COMMISSIONER HALAS: Of commercial? MS. PATTERSON: No. I said -- Amy Patterson, again, for the Page 142 September 28, 2010 record. 1.2 million square feet that has paid their up-front transportation impact fees and have yet to build. COMMISSIONER HALAS: Okay. And how much do we have total -- do you have the figures on how much of commercial is vacant at this time in Collier County? MS. PATTERSON: We had the map with the points that were provided. COMMISSIONER HALAS: But I want -- you don't know the square feet? MS. PATTERSON: We don't know the total square footage available. COMMISSIONER HALAS: But there is a substantial amount out there that is vacant and nothing's happening? MS. PATTERSON: There's a lot. On the map that I had up earlier, the blue dots that showed available, and Victorian blend. COMMISSIONER HALAS: Isn't that interesting that we are the ones that are getting the -- getting hit upon that we're against development or we're against the business community, but isn't it really the truthful fact that the lending institutions are not lending the money to fill the requirements or to get all of the foreclosed homes off the market. There are probably potential buyers out there that impact fees on those homes are already paid for. So all they're going to pay for is just the homes. We've got a commercial property that's sitting out there idle that is not being used because small businesspeople need some cash flow to get something started, and yet that isn't happening. So to come in here and tell us that we're the ones that are stymieing the growth here -- and yet when I look at -- and talk to fellow commissioners throughout the state, when I get involved with F AC who have lowered their impact fees, I said -- or even abolished them for years, I said, how has that stimulated growth? Nothing has Page 143 September 28,2010 happened. Because the lending institutions in this country are not lending the money or they make such strong stipulations in regards to the amount of money that they want to lend out that the small business guy says, I can't meet those requirements. So -- the other thing that gets me is that we have a debt service. And then there was some comparisons with other counties. If we compare ourselves with Sarasota County, the way that they counteract their debt service is they've got a one-cent sales tax. And then we look at the county just north of us, Lee, Lee ends up where they have tolls that helps -- to help payoff their debt service, road tolls, and they also have other fees such as a franchise tax. So they have a way of combating to make sure that they meet their debt service requirements. We don't have any of those here. Now, maybe if you can go out in the community and say, you can raise a one-cent sales tax and you're successful at it, we can look seriously at abolishing all of our impact fees. But we've got to have something to take care of growth. And I believe that the constituency has made it very, very clear in the past that growth has to pay for growth. Thank you. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Wow. Well, I was going to say something along those lines, but -- CHAIRMAN COYLE: Say ditto. COMMISSIONER FIALA: He said it all. I also -- I was just wondering, and I was going to wonder out loud, if -- Tom Lykos, I think -- Tom Lykos said -- it kind of made -- insinuated that the reason there has been nothing built and the reason that there's all this unemployment is because we have impact fees and, you know, they never mentioned anything about the state of our economy or the economy of the world, and that made -- that cut -- I felt like he was more or less accusing us because of impact fees for all of the problems with the construction industry, and yet here we have all of these units Page 144 September 28, 2010 paid for, 4,500 units paid for, paid for and ready to go, except they haven't built one of them, and that's all construction that could be built, and same with 1.2 million, already paid for in commercial and have never been built. It's not like, you know, they're not building it because of us. They're already paid and ready to go, but there's not a market out there right now. It's the economy that has everything to do with all of this stuff as well. We've tried to help. And when we eliminated any impact fees on commercial buildings that were standing and people wanted to go in and change whatever use they had on there, it was good that we stimulated a little bit of growth, 40, that was good, that was something. We have millions of square feet that aren't used, but that's okay. You know, we're hoping that that will come along. And we're trying to do what we can to stimulate that growth. And I'm willing to work this, but I'm not willing to take the criticism for, because of impact fees, construction isn't happening, because that isn't the case at all. I'm willing -- I think Bruce Anderson made a good point about the 42 percent now rather than waiting around for the other 10 percent. I don't know how we can do that, but I think that that's something we should consider. Those are my words. CHAIRMAN COYLE: Okay. It's my turn. You know, I'm getting so tired of this argument. I really am. You know, it's been going on for years, and it's very, very clear what's happening here. Those people who want to eliminate impact fees are using an economic recession as a way of leveraging that outcome. That's all that's happening here. These will be the same people who go to Senator Bennett and say, Senator Bennett, we'll support your bill to eliminate impact fees Page 145 September 28, 2010 in Florida and all the counties in Florida for two years or five years or whatever. It's -- and there's no evidence at all to support the position. It seems that no matter how much we do with respect to easing the burden on people, letting them pay impact fees at the time of CO, letting them pay it over time, vesting them for payments they've already made, and reducing them by as much as 50 percent is never enough. And the same economists who say that Collier County doesn't have enough revenue sources wants to eliminate one of the revenue sources. And where's the money coming from? And so for all the people who are out there listening, I'll tell you where the money will come from if they're successful in eliminating the impact fees. It's coming out of your property taxes. That's exactly what's going to happen. And there are many people who are in this room today who are fighting to accomplish this who have said that in the past, that impact fees should be funded from property taxes. And I don't know why we keep having this fight. I don't know why the Chamber of Commerce keeps tolerating it, quite frankly. The point is exactly what Commissioner Fiala said. It's not-- there's no building here because you won't build it because you can't sell it. That's why there's no building here. You can't sell it. So I will challenge you, just as I did those who attended the Chamber of Commerce meeting last week, that if you want to build something and you want to start constructing in the next 90 days and you're going to hire people to do that, then I will fight to give you some substantial incentives to do that. But if you want us just to waive impact fees for a couple of years and see what happens, I'm not going to buy into it. And I'll tell you why. It takes us five to seven years from start to beginning (sic) to build a road segment. If we start -- we put a stop to the revenue stream for two to three or four years, then we're not going to be able to Page 146 September 28, 2010 fund that, and we'll be back in the same position we were in at the beginning of this decade where we don't have enough infrastructure, and I don't want to go there. But if you want incentives for doing something right now, I'll fight tooth and nail to try to get them to you and to get you back on your feet, to get you -- to starting to hiring employees, I'll do whatever I can to help you do that. But I am not going to waive impact fees or substantially reduce them beyond the point we've already agreed just so somebody can hop onboard that train and not build anything for another five years. So that's not what we're interested in doing, and I don't think that's what you're interested in doing. We want to create some immediate jobs. And then finally, the method of calculation of impact fees is done in accordance with case law and experience by the consultant throughout the State of Florida. That doesn't mean that the consultant can't be wrong. But in the ten years I've been here, I have never seen a successful challenge to the calculations of our impact fees. If you have reason to believe that we're doing something wrong, by all means tell us in time so that we can take it into consideration and change our process, and we're happy to do that. So with that, let's get this over with. COMMISSIONER COLETTA: Yeah. CHAIRMAN COYLE: We know where it's going. Commissioner Coletta? COMMISSIONER COLETTA: Thank you. I appreciate that. And I heard all three of you, and basically you're absolutely correct, but we're not talking about doing away with impact fees. We're talking about adjusting them by the same rules that we increased them. So we need to stay focused. And yeah, the argument's getting a little old on the other side about impact fees being a detriment to construction. When Page 147 September 28, 2010 construction was totally out of control, impact fees did nothing to bring it down. The market just soared to the point that it's killed itself, and killed itself for many years to come. But impact fees are an important part of our financial structure in Collier County; however, with that said, we got to make sure that we show due diligence as far as giving the hope to the community out there that depends upon construction who is backed into a comer now to a point where they can't move. They've seen tremendous losses take place within their businesses, they've seen many of their fellow builders go out of business and leave the area. That's something that took place that we have to be aware of. Before us we've got a proposition that's pretty realistic. It's based upon the fact that the same rules apply going up as coming down, and that's a substantial decrease. And who does that decrease hurt the most? It hurts my district. So if there's anyone that should be fighting to try to keep impact fees above what staff recommended, it should be me. But most of the people that work in construction and depend upon it for a living also live in my district. So it's a double whammy. You can't -- you can't get away from it. So I'm going to make a recommendation that we follow staffs recommendations, but I've got one question here. On item number two, it says, an additional average reduction of approximately 10 percent will be reviewed and considered by the board after the appropriate changes are made to the utility impact fee rates. So that will be coming back to us? MS. PATTERSON: That's the staff recommendation. MR.OCHS: Yes, sir. COMMISSIONER COLETTA: And at that point in time, we can go through the argument about whether it's still valid or not, correct? MS. PATTERSON: Correct. Page 148 September 28, 2010 COMMISSIONER COLETTA: And the last part, item number six, direct the county manager or his designee to work with the county's impact fee consultant to collect additional data related to trip lengths and capacity-added, components, and report back to the Board of Collier County Commissioners. My motion is to items one through five and to eliminate six. Well, the seconding is deafening. COMMISSIONER FIALA: But -- well, I'll ask a question. COMMISSIONER COLETTA: Yes. COMMISSIONER FIALA: But not add the 10 percent right now that we expect to be coming up shortly anyway? Why wouldn't you add the 10 percent utility fee also so that you have just -- COMMISSIONER COLETTA: Well, that's not part of the recommendation, staff recommendation. COMMISSIONER FIALA: I know that, but I'm asking you why not. COMMISSIONER COLETTA: Well, because I really think that we need to discuss it more, about the logic of adding that at a point in time that it may not be needed and see if maybe a better working relationship for that element could be worked out between transportation and the utilities. Not everything has to be done with an impact fee. And how much road construction is going to take place for the next five years where it's going to impact the utilities? COMMISSIONER HALAS: Commissioner, I think maybe if you left number six in that I could support that, because all it is is just the findings to figure out what's going on. It isn't anything to make a stipulation that we're going to move that direction. But I think it gives us a better understanding of exactly what the whole equation is. I don't think it would be detrimental. COMMISSIONER COLETTA: Okay. So in other words, you're saying that would come back for future consideration? Page 149 September 28, 2010 COMMISSIONER HALAS: Yes. COMMISSIONER COLETTA: But we're going to be spending money for that particular study, and my concern was the fact that we directed them before not to do it, and now we're -- I didn't want staff to put one in on us after we gave a direction. But if you feel like this should come back for -- COMMISSIONER HALAS: I really do. COMMISSIONER COLETTA: -- further thought, would that get a second? COMMISSIONER HALAS: Yes, it will. COMMISSIONER COLETTA: Okay. Then I'll put it back in. COMMISSIONER HALAS: In fact, I'll second it. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Commissioner Coyle, is it your understanding that we collect impact fees at CO? CHAIRMAN COYLE: No. I'm saying we could do that. COMMISSIONER HENNING: Okay. I just heard the things that this board has done, and one of them is collect impact fees at CO. Thanks for the clarification. CHAIRMAN COYLE: Okay, all right. COMMISSIONER FIALA: That isn't in this recommendation though, is it? CHAIRMAN COYLE: No, it's not. It's not. COMMISSIONER HALAS: No, no, no. COMMISSIONER FIALA: Is that coming back to us to put this in the -- CHAIRMAN COYLE: No, no. The intent was to provide incentives to people who would start building right now. As you say, there are a lot who have paid almost all their transportation impact fees -- COMMISSIONER FIALA: Paid it completely. CHAIRMAN COYLE: Yeah. So -- they aren't building. So Page 150 September 28, 2010 maybe if we worked out some arrangements to either allow time -- well, we already do the time payment thing. So -- or to permit payment at CO, then that would mean that the builder doesn't have to up- front the payment. So if they're going to start building within the next 90 days, I would be very happy to vote in favor of letting them do that so that they can get started and start building. Now, do I think it's going to happen? The answer is no. We could waive impact fees and it wouldn't happen. But I'm willing to make that gesture just to give it a chance. That's-- COMMISSIONER HENNING: Are you going to bring it on a future agenda? CHAIRMAN COYLE: I would be happy to put it on -- or even direct staff to take a look at doing that right now. COMMISSIONER COLETTA: Could you include the item of having impact fees collected at the time of CO? CHAIRMAN COYLE: Well, you -- I don't think you want to do it with this approval of the impact fee. COMMISSIONER COLETTA: No. CHAIRMAN COYLE: We've got to do that -- we've got do that, but the thing that I would like to suggest is that -- if we get three nods -- is to tell the staff to take a look at incentives that would -- would encourage people to begin construction now or within the next 90 days. And if they did so, we'll be willing to grant certain incentives for them doing that. COMMISSIONER COLETTA: At CO. CHAIRMAN COYLE: Including that as well as any other kinds of incentives that make sense. COMMISSIONER COLETTA: I've got my light back on. CHAIRMAN COYLE: Oh, no. Not again. COMMISSIONER HENNING: Disconnect it. COMMISSIONER COLETTA: I really do. Page 151 September 28, 2010 CHAIRMAN COYLE: Can't we get this resolved? COMMISSIONER HENNING: Disconnect it. COMMISSIONER COLETTA: We're almost there. It's only 2:30. We can go all the way to six. There's no problem. CHAIRMAN COYLE: You might. COMMISSIONER COLETTA: I was talking to someone the other day that was going to give me a new comparison with other counties with these impact fees corrections. Has that been done by anyone? No, that's okay. That's for another day. CHAIRMAN COYLE: Yeah, really. Who compares? COMMISSIONER COLETTA: I think we're more than competitive now though, I'll be honest with you. CHAIRMAN COYLE: Who cares how our impact -- COMMISSIONER COLETTA: Well, that's one of the arguments they've been using. CHAIRMAN COYLE: -- fees compare to Miami? Well, that's the point. COMMISSIONER COLETTA: And I think we're right down there. CHAIRMAN COYLE: And no two counties are the same. You've got to take into consideration the -- and that's why I object to all of these cookie cutter pieces of legislation that treat every county exactly the same. We have different challenges, we have different land costs, we have a different distribution of population. There are lots of reasons. We didn't have a single increase in impact fees during the period from 1990 to '99 or 2000. And how did that compare with other people? Who cares? COMMISSIONER FIALA: And we have a low tax rate -- CHAIRMAN COYLE: Yeah. COMMISSIONER FIALA: -- tax base, as well as we don't Page 152 September 28, 2010 collect fees or tolls on items. CHAIRMAN COYLE: That's right. COMMISSIONER FIALA: So, I mean, you know, it's hard to compare because it isn't apples to apples. CHAIRMAN COYLE: That's exactly right. COMMISSIONER HENNING: Call the motion. CHAIRMAN COYLE: Yep. All in favor-- MR.OCHS: Commissioner, Commissioner, I'm sorry. Forgive me, but I wanted to make sure Commissioner Fiala got her question answered. She had asked a question about this 10 percent -- COMMISSIONER FIALA: Right. I was just -- MR.OCHS: -- it was added now or later, and I wasn't sure that discussion finished. COMMISSIONER FIALA: I just wanted to know when we're going to get that back. I would have preferred it to be right on this -_ on this agenda, but that isn't the way the motion is going. When are we going to hear back on that 10 percent? MR.OCHS: We would be back -- we plan to be back to you before the end of the year with the update on the utility impact fees. But you -- again, just for -- so the board understands, you could -- you could reduce that transportation impact fee by the full 42 instead of 32 today . We're still coming back with the impact fee for utilities in that same time frame, and you can deal with the question then about what Commissioner Coletta wanted to talk about, about how you want to treat that relocation component of the utility impact fee at that point in time, but it's the pleasure of the board. COMMISSIONER FIALA: See, I'd prefer that. Okay, thank you. CHAIRMAN COYLE: Okay. But the motion as it currently stands doesn't have that provision in it. COMMISSIONER FIALA: I understand. CHAIRMAN COYLE: Okay. All in favor of the motion, please Page 153 September 28,2010 specify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Okay. Well, it passes 4-1 with Commissioner Fiala in opposition. Now, with respect to the second part -- COMMISSIONER HENNING: Yes. CHAIRMAN COYLE: -- is there -- is there sufficient support to provide guidance to the staff to investigate an incentive package which will reward people who will create jobs and begin construction within the next 90 days? COMMISSIONER HENNING: Yes. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Including everything we discussed in that particular discussion? CHAIRMAN COYLE: Including any incentives that the staff thinks are appropriate that might help. MS. PATTERSON: Permanent jobs? COMMISSIONER HENNING: No. CHAIRMAN COYLE: How do you have permanent jobs in construction? MS. PATTERSON: Right, you don't. CHAIRMAN COYLE: You only have permanent jobs in construction if you've got permanent construction. That's the problem. And, unfortunately, most contractors don't have permanent construction. COMMISSIONER HENNING: Motion to adjourn. CHAIRMAN COYLE: Okay. Page 154 September 28, 2010 COMMISSIONER COLETTA: Vote. CHAIRMAN COYLE: We have a question by Commissioner Halas. COMMISSIONER HALAS: I think we also need to put on there that it has to meet a certain percentage of the wages here in Collier County . CHAIRMAN COYLE: Yeah, yeah. COMMISSIONER HALAS: To make it beneficial so that it's not dealing with $5-an-hour jobs or $4-an-hour jobs. So I believe it should -- we should also look at some guideline in regards to percentage of the income that could be earned. MS. PATTERSON: I understand. COMMISSIONER FIALA: So would you put that into a motion as far as incentives for this? CHAIRMAN COYLE: You want a motion or you just want direction to the staff? Because we haven't advertised that portion, and COMMISSIONER FIALA: Oh, okay. CHAIRMAN COYLE: -- it might be better just to have the staff come up with a proposal and bring it up for public hearing, and then we could vote on it at that time. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: And accept public input. Okay? Are we all set? MR. OCHS : Yep, and we'll take into consideration Commissioner Halas's remarks, yes. CHAIRMAN COYLE: Yeah, absolutely, absolutely. So you've got enough nods, I think. COMMISSIONER FIALA: You do. CHAIRMAN COYLE: Okay, all right. COMMISSIONER COLETTA: Public comments? CHAIRMAN COYLE: Very well. Are we finished with all -- Page 155 September 28,2010 COMMISSIONER FIALA: No, because we have 11. Remember Jim Coletta wanted -- I mean Commissioner Coletta wanted to bring back public comment, number 11, at the end of the meeting because he had somebody coming in. I'm just reminding you. CHAIRMAN COYLE: I think what we should do is just overrule that. Okay. What do we do now? Item #11 PUBLIC COMMENTS COMMISSIONER HENNING: Is there any public comments? MR. MITCHELL: No, sir. COMMISSIONER HENNING: Motion to adjourn. CHAIRMAN COYLE: Okay. Motion to adjourn. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Second. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: We're adjourned. ***** * * * * Commissioner Henning moved, seconded by Commissioner Fiala and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Page 156 September 28, 2010 Item #16Al FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR RIDGEPORT PLAZA (BLUEFISH JAPANESE STEAKHOUSE) - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A2 RECORDING THE FINAL PLAT OF VERONA WALK PHASE 4C, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16A3 RECORDING THE FINAL PLAT OF MADISON PARK PHASE TWO TRACT M AND N REPLA T - LOCATED IN SECTION 4, TOWNSHIP 50 SOUTH. RANGE 26 EAST Item #16A4 RECORDING THE FINAL PLAT OF CITY GATE COMMERCE CENTER, PHASE TWO REPLAT OF LOTS 5 AND 6 - LOCATED IN SECTION 35. TOWNSHIP 49 SOUTH. RANGE 26 EAST Item #16A5 RECORDING THE FINAL PLAT OF QUARRY BEACH CLUB ADDITION - SECTION 23, TOWNSHIP 48 SOUTH, RANGE 26 EAST Page 157 September 28,2010 Item #16A6 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR ABC FINE WINE AND SPIRITS - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A7 RECORDING THE FINAL PLAT OF HERITAGE BAY VISTAS SUBDIVISION, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16A8 RECORDING THE FINAL PLAT OF VERONA WALK PHASE 4D, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16A9 APPROVAL OF THE COMPLETED AL TERNA TIVE ROAD IMPACT FEE CALCULATION, THE REVIEW CONDUCTED BY TINDALE-OLIVER AND ASSOCIATES, INC., SERVING AS THE IMPACT FEE CONSULTANT FOR COLLIER COUNTY, AND THE RESULTING ROAD IMPACT FEE RATE OF $10,937 PER 1,000 SQUARE FEET FOR THE NAPLES DAILY NEWS Page 158 September 28,2010 BUILDING LOCATED AT 1100 IMMOKALEE ROAD. ALSO AUTHORIZE A REIMBURSEMENT OF ROAD IMP ACT FEES IN THE AMOUNT OF $384,010 AS A RESULT OF THE REVISED IMP ACT FEE CALCULATION - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16AI0 SECOND AMENDMENT TO THE AGREEMENT BETWEEN COLLIER COUNTY AND THE ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY FOR CONTINUATION OF THE ECONOMIC DIVERSIFICATION PROGRAM BY PROVIDING A CONTRIBUTION TO THE EDC OF UP TO $400,000 FOR FISCAL YEAR 2011, AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO SIGN THE AMENDMENT ON BEHALF OF COLLIER COUNTY - WITH THE AMENDMENT EXTENSION EXPIRING ON SEPTEMBER 30. 2011 Item #16All BUDGET AMENDMENT TO RECOGNIZE REVENUE FOR PROJECTS WITHIN THE TRANSPORTATION SUPPORTED GAS TAX FUND (313) IN THE AMOUNT OF $43,244.35- COLLECTED SPECIFICALLY FROM PA YMENT-IN-LIEU, PROJECT REVIEW FEES, AND FAIR SHARE PAYMENTS FROM THE APPLICATION AND MONITORING PROCESS Item #16A12 RESOLUTION 2010-179: RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS Page 159 September 28, 2010 TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT (LAP) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) IN WHICH COLLIER COUNTY WOULD BE REIMBURSED UP TO $950,000 FOR THE DESIGN, CONSTRUCTION, ENGINEERING AND INSPECTION OF AN EXPERIMENTAL WILDLIFE CROSSING ON CR 846/IMMOKALEE ROAD, APPROXIMATELY 2.5 MILES EAST OF OIL WELL GRADE ROAD Item #16A13 WORK ORDER IN THE AMOUNT OF $234,046 TO CAMP DRESSER & MCKEE, INC. (CDM) FOR CONTRACT #09-5262 COUNTY-WIDE ENGINEERING CIVIL TRANSPORTATION STORMW A TER FOR THE LEL Y AREA STORMW A TER IMPROVEMENT PROJECT (LASIP), DAVIS BOULEVARD AND WEIR IMPROVEMENTS (PROJECT NO. 51101) - FOR DRAINAGE RELATED PROBLEMS IN THE AREA OF EAST NAPLES DUE TO CONTINUED GROWTH IN THE AREA Item #16A14 PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL NO. 256RDUE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM TWO LANES TO FOUR LANES BETWEEN WILSON BOULEVARD AND DESOTO BOULEVARD (PROJECT NO. 60040) ESTIMATED FISCAL IMPACT: $9,450 - FOLIO #39382520004 Item #16A15 Page 160 September 28,2010 INCREASE RFQ #10-5414 - SABAL PALM ROAD EXTENSION PROJECT DELIVERY OF LIME ROCK MATERIALS IN THE AMOUNT OF $4,359.01 FOR A TOTAL BID OF $52,799.01 TO BETTER ROADS Item #16A16 AMENDMENT TO THE FY 2011-2020 COLLIER COUNTY TRANSIT DEVELOPMENT PLAN (TDP) TEN YEAR MAJOR UPDATE - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A17 RECOGNIZING FY 2010-2011 STATE PUBLIC TRANSIT BLOCK GRANT ADDITIONAL REVENUE IN THE AMOUNT OF $720,259 TO COLLIER AREA TRANSIT FUND (426) AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS - WHICH ALSO REQUIRES A 50% LOCAL MATCH EACH YEAR Item #16A18 RECOGNIZING FY 2010/2011 FEDERAL TRANSIT ADMINISTRATION SECTION 5311 ADDITIONAL REVENUE IN THE AMOUNT OF $254,584 TO COLLIER AREA TRANSIT FUND (426) AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS - WHICH ALSO REQUIRES A 50% LOCAL_ MA TCH EACH YEAR Item #16A19 RESOLUTION 2010-180: RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS Page 161 September 28, 2010 TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN WHICH COLLIER COUNTY WOULD BE REIMBURSED UP TO $358,800 FOR SIDEWALKS ON BOSTON AVENUE FROM 1 ST STREET SOUTH TO 9TH STREET SOUTH (PROJECT # 33122) Item #16A20 RESOLUTION 2010-181: RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN WHICH COLLIER COUNTY WOULD BE REIMBURSED UP TO $750,000 FOR INTERSECTION IMPROVEMENTS ON SR 29 AT LAKE TRAFFORD ROAD (PROJECT #33124) Item #16A21 AWARD ITB #10-5482R - LEL Y MSTU IRRIGATION REUSE WATER SOURCE RENOVATION TO HANNULA LANDSCAPE & IRRIGATION. INC. IN THE AMOUNT OF $54.480.95 Item #16Bl SUBMITTAL OF A 2011-2012 FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM APPLICATION, SPONSORED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR A TOTAL AMOUNT OF $200,000 (COMPANION TO ITEM 16B2) - REQUIRING THE CLOSURE OF THE FOLLOWING PROJECTS: NORTH COLLIER REGIONAL, GOLDEN GATE COMMUNITY PARK Page 162 September 28,2010 AND DELASOL NEIGHBORHOOD PARK AND THE IMMOKALEE SPORTS COMPLEX - REQUIRING A CRA GRANT MATCH Item #16B2 CRA RESOLUTION 2010-182: COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVES A RESOLUTION AUTHORIZING AN AMENDMENT TO THE BA YSHORE GA TEW A Y TRIANGLE CRA REDEVELOPMENT PLAN CAPITAL IMPROVEMENT PROGRAM SCHEDULE TO INCLUDE THE PROPOSED GA TEW A Y TRIANGLE STORMW A TER POND PATHWAY PROJECT TO COMPLY WITH FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT APPLICATION REQUIREMENTS (COMPANION TO ITEM 16Bl) Item #16Cl AGREEMENT WITH SMS HEZEKIAH, LLC, AND ACCEPT A RIGHT OF ENTRY FOR A GROUNDWATER MONITOR WELL AND ENVIRONMENTAL MONITORING PURPOSES IN AN AMOUNT NOT TO EXCEED $6,550 - REQUIRED FOR COMPLIANCE AND WITH CONDITIONS OF A WATER USE PERMIT GRANTED TO THE COLLIER COUNTY WATER- SEWER DISTRICT BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT Item #16C2 RESOLUTION 2010-183: SATISFACTIONS OF LIEN FOR THE 1995 AND 1996 SOLID WASTE COLLECTION AND DISPOSAL Page 163 September 28, 2010 SERVICES SPECIAL ASSESSMENTS WHERE THE COUNTY HAS RECEIVED PAYMENT IN FULL SA TISF ACTION OF THE LIENS. FISCAL IMPACT IS $38.50 TO RECORD THE SATISFACTIONS OF LIEN - FOR FOLIO #39329040000 Item #16C3 POLICY STATEMENT TO COLLECT MONIES OWED TO COLLIER COUNTY FOR THE REPAIR OF UTILITY AND OTHER ASSETS DAMAGED BY VENDORS AND CONTRACTORS THAT ARE DOING BUSINESS WITH COLLIER COUNTY - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C4 ANNUAL CONTRACT FOR WELL DRILLING, TESTING, AND MAINTENANCE CONTRACTING SERVICES, PURSUANT TO RFP #10-5409 TO: DIVERSIFIED DRILLING CORPORATION, ALL WEBB'S ENTERPRISES, INC., WELL MASTERS, LABELLE WELL DRILLING, SOUTHEAST DRILLING SERVICES AND YOUNGQUIST BROTHERS, INC. FOR THE ESTIMA TED ANNUAL AMOUNT OF $250,000 - PROVIDING SCHEDULED WELL DRILLING, TESTING, MAINTENANCE SERVICES AND EMERGENCY WORK Item #16C5 EXTEND CONTRACT #06-3972 AND ADD FUNDS IN THE AMOUNT OF $300,000 (ESTIMATED $60,000 ANNUALLY) WITH TELE-WORKS, INC., FOR ONGOING SYSTEM MAINTENANCE AND ENHANCEMENTS TO THE UTILITY Page 164 September 28, 2010 BILLING AND CUSTOMER SERVICE DEPARTMENTS INTERACTIVE VOICE RESPONSE SOFTWARE SYSTEM OVER A FIVE YEAR PERIOD Item #16Dl APPL Y AND ACCEPT A HOME DEPOT GRANT IN THE AMOUNT OF $12,000 FOR IMPROVEMENTS TO EAST NAPLES AND EAGLE LAKES COMMUNITY PARKS - BUILDING BENCHES AND SHADE STRUCTURES THROUGHOUT EAST NAPLES COMMUNITY PARK AND EAGLE LAKES PARKS Item # 16D2 CHAIRMAN TO SIGN A SUBRECIPIENT AGREEMENT WITH THE SHELTER FOR ABUSED WOMEN & CHILDREN (SA WCC) PROVIDING FOR A $113,000 HOUSING AND URBAN DEVELOPMENT (HUD) CONTINUUM OF CARE (COC) HOMELESS ASSISTANCE GRANT TO AID WITH THE COST OF DAILY OPERATIONS AND SUPPORTIVE SERVICES PROVIDED BY SA WCC. NO GENERAL FUNDS ARE BEING UTILIZED FOR THIS COC PROJECT Item #16D3 SUBMERGED LANDS LEASE WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AT THE COCOHATCHEE RIVER PARK MARINA AT A FIRST YEARS ANNUAL COST OF $6,646.16 - TO CONSTRUCT & OPERATE A SIXTEEN (16) SLIP DOCKING FACILITY WITH A BOAT RAMP AND LAUNCH Page 165 September 28, 2010 Item #16D4 - Continued to the October 12,2010 BCC Meeting (Per Agenda Change Sheet) CONVEYANCE OF A PIECE OF LAND LOCATED AT 425 1ST STREET NORTH, IMMOKALEE, FROM COLLIER COUNTY TO THE DAVID LAWRENCE MENTAL HEALTH CENTER, INC. AT NO COST TO THE COUNTY Item # 16D5 ANNUAL REPORTS FOR YEARS 2005 THROUGH 2009 TO THE FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES FOR THE "CHOOSE LIFE" SPECIALTY LICENSE PLATE AND AUTHORIZE THE CHAIRMAN TO SIGN THE REPORTS - FOR FUNDS TO BE DISTRIBUTED TO NOT- FOR-PROFIT AGENCIES WHOSE SERVICE INVOLVES COUNSELING AND MEETING THE NEEDS OF PREGNANT WOMEN WHO ARE COMMITTED TO PLACING THEIR CHILDREN FOR ADOPTION Item #16D6 SUBMIT AN APPLICATION FOR A CRIMINAL JUSTICE, MENTAL HEALTH & SUBSTANCE ABUSE REINVESTMENT IMPLEMENTATION GRANT IN AN AMOUNT UP TO $750,000 FROM THE FLORIDA DEPARTMENT OF CHILDREN & FAMILIES, AUTHORIZE THE CHAIRMAN TO SIGN THE APPLICATION AND ATTACHED ASSURANCES - FUNDING USED TO PLAN, IMPLEMENT, OR EXPAND INITIATIVES THAT INCREASE PUBLIC SAFETY AND AVERT INCREASED SPENDING ON CRIMINAL AND JUVENILE JUSTICE Page 166 September 28, 2010 Item #16D7 BOARD PROVIDES AFTER- THE-F ACT APPROVAL FOR THE SUBMISSION OF THE 2011 STATE OF FLORIDA CHALLENGE GRANT APPLICATION, WHICH WAS SUBMITTED TO THE DEP ARTMENT OF CHILDREN & F AMIL Y SERVICES OFFICE ON HOMELESSNESS (DCF) IN THE AMOUNT OF $100,000. THIS GRANT APPLICATION HAS NO EFFECT ON AD VALOREM OR GENERAL FUND DOLLARS - FOR HOMELESS ASSISTANCE Item #16D8 EXECUTE DOCUMENTS NECESSARY FOR CONVEYANCE OF WATER UTILITIES, AND THE CONVEYANCE OF AN EASEMENT FOR TELEPHONE AND RELATED SERVICES LOCATED AT GOODLAND BOAT PARK, 750 PALM POINT DRIVE. GOODLAND FLORIDA. (COSTS NOT TO EXCEED $98) Item #16D9 AMENDMENT TO COLLIER COUNTY'S HUNGER AND HOMELESS COALITION (CCHHC) SUBRECIPIENT AGREEMENT FOR THE STATE OF FLORIDA CHALLENGE GRANT APPROVED BY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ON DECEMBER 15,2009, ITEM 16-D5. THE AMENDMENT WILL ALLOW FOR A REVISION OF THE AGREEMENTS BUDGET BY MOVING FUNDS BETWEEN LINE ITEMS THAT WILL ALLOW CCHHC TO FULLY EXPEND CHALLENGE GRANT FUNDS. THE TOTAL CHALLENGE GRANT AMOUNT IS UNCHANGED - FOR Page 167 September 28, 2010 HOMELESS ASSISTANCE Item #16DI0 SUBRECIPIENT AGREEMENT WITH ST. MATTHEW'S HOUSE FOR AN EMERGENCY SHELTER GRANT (ESG) PROJECT PREVIOUSL Y APPROVED FOR US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FUNDING IN THE 2010-2011 ACTION PLAN. THE TOTAL AMOUNT OF THE FEDERALL Y FUNDED GRANT IS $95,097. THERE IS NO EFFECT ON AD VALOREM OR GENERAL FUND DOLLARS Item #16Dll A FINAL STATUS REPORT FROM THE LAKE TRAFFORD RESTORATION TASK FORCE AND SUNSETTING THIS COMMITTEE ON SEPTEMBER 28. 2010 Item #16D12 CHAIRMAN TO SIGN FIVE (5) LIEN AGREEMENTS FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS LOCATED IN COLLIER COUNTY. APPROVAL OF THIS ITEM WILL TRANSFER PREVIOUSLY APPROVED DEFERRAL AGREEMENTS FROM DEVELOPER TO OWNER OCCUPANTS WITH A CONTINUING FISCAL IMPACT OF $73,611.30 - FOR THE FOLLOWING LOTS AND DEFERRAL AMOUNTS: LOT2, REGAL ACRES FOR $14,591.26; LOT 69, LIBERTY LANDING FOR $15,246.26; LOT 11, REGAL ACRES FOR $14,591.26; LOT 3, REGAL ACRES FOR $14,591.26 AND LOT 5. REGAL ACRES FOR $14.591.26 Page 168 September 28, 2010 Item #16D13 CHAIRMAN TO SIGN AN AMENDMENT TO LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS TO CORRECT THE LOT NUMBER AND STREET ADDRESS OF A PREVIOUSL Y RECORDED AGREEMENT - CORRECTION FROM LOT 82, TRAIL RIDGE TO LOT 79, TRAIL RIDGE INCLUDING THE ADDRESS CHANGE FROM 13605 KOINONIA DRIVE TO 13593 KOINONIA DRIVE Item #16El A LEASE AGREEMENT WITH M.T. CLUB, INC. FOR INSTALLATION AND OPERATION OF COUNTY-OWNED COMMUNICATION EQUIPMENT WITH A FIRST YEAR'S RENT OF $100 - FOR AN ANTENNA & RELATED EQUIPMENT SPACE ON THE ROOF AT THE MARCO TOWERS, 60 WEST PELICAN STREET Item #16E2 A $15,000 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) GOPHER TORTOISE HABITAT MANAGEMENT ASSISTANCE REQUEST TO FUND EXOTIC PLANT REMOVAL AT THE CONSERVATION COLLIER RAILHEAD SCRUB PRESERVE - TO IMPROVE THE HABITAT OF GOPHER TORTOISES Item #16E3 Page 169 September 28, 2010 CHAIRMAN TO SIGN THE ASSUMPTION AGREEMENT FROM PROFESSIONAL STAFFING-ABTS, INC. D/B/A ABLE BODY LABOR, TO MDT PERSONNEL, LLC, FOR TEMPORARY LABOR SERVICES - VARIOUS DEPARTMENTS WILL UTILIZE SERVICES PROVIDED IN THE AGREEMENT Item # 16E4 AWARD BID #10-5513 - SUBLETIPARTS BID FOR COLLIER COUNTY TO MULTIPLE VENDORS FOR FLEET MANAGEMENT SERVICES, REPAIR PARTS, ACCESSORIES, AND END ITEMS WITH TOTAL EXPENDITURES ESTIMATED AT $750.000 ANNUALLY Item # 16E5 AGREEMENT FOR SALE AND PURCHASE WITH RICHARD F. BERMAN, AS TO 1/3 INTEREST, AND RAYMOND AND TERRY BENNETT, ALSO KNOWN AS TERRI BENNETT, HUSBAND AND WIFE, AS TO 1/3 INTEREST AND FRANK J. CELSNAK AND MARLENE J. CELSNAK, TRUSTEES UIDIT DATED 27TH DECEMBER 1991, AS TO 1/3 INTEREST, FOR 1.59 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT A COST NOT TO EXCEED $16,500 - WITHIN THE WINCHESTER HEAD MULTI-PARCEL PROJECT. UNIT #65 Item #16E6 AGREEMENT FOR SALE AND PURCHASE WITH ISRAEL OLIVA AND JOSEFA OLIVA, HUSBAND AND WIFE, FOR 1.14 Page 1 70 September 28, 2010 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT A COST NOT TO EXCEED $9,100 - WITHIN THE RED MAPLE SWAMP PRESERVE MULTI-PARCEL PROJECT Item # 16E7 AGREEMENT FOR SALE AND PURCHASE WITH REMEDIOS KUNTZEVICH FOR 2.73 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT A COST NOT TO EXCEED $17,000 - WITHIN THE RED MAPLE SWAMP PRESERVE MULTI-PARCEL PROJECT Item #16E8 AGREEMENT FOR SALE AND PURCHASE WITH JACOB VINCENT FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT A COST NOT TO EXCEED $12,000 - WITHIN THE WINCHESTER HEAD MULTI-PARCEL PROJECT Item #16E9 AGREEMENT FOR SALE AND PURCHASE WITH OCEAN INVESTMENT MANAGEMENT CORP., A FLORIDA CORPORATION, FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT A COST NOT TO EXCEED $12,000 - LOCATED IN THE WINCHESTER HEAD MUL TI-P ARCEL PROJECT Item #16EI0 Page 171 September 28, 2010 RESOLUTION 2010-184: APPROVING THE 2011 FISCAL YEAR PAY & CLASSIFICATION PLAN INCLUSIVE OF ADDITIONS, DELETIONS OR MODIFICATIONS FROM JULY 1, 2010 FORWARD, AND TO CONTINUE AUTHORIZING THE CREATION OF NEW CLASSIFICATIONS, MODIFICATION ANDIOR DELETION OF CLASSIFICATIONS AND ASSIGNMENT OF PAY RANGES FROM THE PROPOSED 2011 FISCAL YEAR PAY AND CLASSIFICATION PLAN, USING THE EXISTING ARCHER POINT -F ACTOR JOB EV ALUA TION SYSTEM, SUBJECT TO A QUARTERLY REPORT TO THE BOARD OF COUNTY COMMISSIONERS Item #16Ell CONTRACT RFP #07-4148 (COLLIER COUNTY SECURITY SERVICES) ON A TEMPORARY BASIS FOR ENERGY MANAGEMENT (BUILDING AUTOMATION) SERVICES FOR THE ESTIMATED AMOUNT OF $50.000 Item #16E12 AWARD REQUEST FOR PROPOSAL #10-5510, "ANNUAL CONTRACT FOR GENERAL CONTRACTOR SERVICES", TO THE FIRMS: WRIGHT CONSTRUCTION GROUP, INC.; SURETY CONSTRUCTION COMPANY; V ANDERBIL T BAY CONSTRUCTION, INC.; BRADANNA, INC.; AND PBS CONSTRUCTION. INC. Item #16Fl AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT Page 1 72 September 28, 2010 ACCEPTING A GRANT AWARD FOR $79,355 FOR EMERGENCY MANAGEMENT PROGRAM ENHANCEMENT AND APPROVE THE ASSOCIATED BUDGET AMENDMENT- FOR THE PURCHASE OF ADDITIONAL EQUIPMENT, SERVICES OR HIRING ADDITIONAL PERSONNEL Item #16F2 MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER COUNTY AND THE MARCO PRESBYTERIAN CHURCH TO COORDINATE RELIEF EFFORTS AT THE TIME OF A DISASTER Item #16F3 RESOLUTION 2010-185: AUTHORIZING REMOVAL OF 15,376 AMBULANCE SERVICE ACCOUNTS & THEIR RESPECTIVE ACCOUNT RECEIVABLE BALANCES WHICH TOTAL $11,549,642.92, FROM THE GENERAL LEDGER OF COLLIER COUNTY FUND 490 (EMERGENCY MEDICAL SERVICES). AL THOUGH THE AMOUNT WAS RECOGNIZED AND RECORDED AS A BAD DEBT EXPENSE DURING FISCAL YEARS 2006 AND 2007, IT CANNOT BE REMOVED WITHOUT BOARD ADOPTION OF AN AUTHORIZING RESOLUTION Item #16F4 BUDGET AMENDMENTS APPROPRIATING APPROXIMATELY $306,198,545.35 OF UNSPENT FY 2010 GRANT AND PROJECT BUDGETS INTO FISCAL YEAR 2011. (REQUIRED PURSUANT TO SECTION 129.06 FLORIDA STATUTES) Page 1 73 September 28,2010 Item #16F5 RESOLUTION 2010-186: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2009-10 ADOPTED BUDGET Item #16Gl BOARD OF COUNTY COMMISSIONERS (BCC), ACTING AS THE AIRPORT AUTHORITY, APPROVE AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE FIRST AMENDMENT TO CONTRACT #06-3903, CAR RENTAL SERVICE AT THE MARCO ISLAND AIRPORT WITH ENTERPRISE LEASING COMPANY OF FLORIDA, LLC - AMENDING THE CONCESSION FEE AND SUPPORT SERVICES PROVIDED BY THE CONCESSIONAIRE Item #16G2 WRITE OFF OF UNCOLLECTIBLE ACCOUNTS RECEIVABLE INCURRED BY THE AIRPORT AUTHORITY IN THE AMOUNT OF $830.98 - FOR UNPAID AND THE OUTSTANDING DEBT OF THE NAPLES AIR CENTER, SKYDIVE NAPLES AND MR. GOMEZ Item #16G3 AFTER- THE-FACT ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT OFFER FOR $6,068,990 FOR CONSTRUCTION OF A TAXIWAY AND AIRCRAFT APRON Page 174 September 28, 2010 (SOUTH) AT THE MARCO ISLAND EXECUTIVE AIRPORT, AND ASSOCIATED BUDGET AMENDMENTS Item #16Hl COMMISSIONER FIALA'S REIMBURSEMENT FOR MEAL EXPENDITURES AT FUNCTIONS SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED FACT FINDING TRIP TO THE JACKSON LABORATORY FROM JULY 14,2010 THROUGH JULY 18,2010 IN BAR HARBOR, ME; $72.60 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item # 16H2 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE 2010 EXCELLENCE IN INDUSTRY AWARDS LUNCHEON AT THE NAPLES HILTON SEPTEMBER 21,2010 IN NAPLES, FL. $20 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 5111 TAMIAMI TRAIL N. Item # 16H3 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE PUBLIC RELATIONS, MARKETING AND ADVERTISING PROFESSIONALS OF COLLIER COUNTY (PRACC) LUNCHEON ON SEPTEMBER 16, 2010 IN NAPLES, FL. $30 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - HELD AT MCCORMICK & SCHMICK'S. IN THE MERCATO AT 9114 STRADA PLACE Page 175 September 28, 2010 Item #16H4 PROCLAMATION PRESENTED TO THE MARCO ISLAND YMCA ACKNOWLEDGING THE NEW NAME AS 'Y' ACROSS THE WORLD, AND CELEBRATING A "BRAND NEW DAY" ON SEPTEMBER 20,2010. PROVIDED TO KEITH DAMERON- ADOPTED Item #1611 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 176 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 28, 2010 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1) South Florida Water Management District: Tentative Budget FY 2010-2011. B. Minutes: 1) Airport Authority: Minutes of July 12, 2010; July 26, 2010 Fuel Pricing Committee. 2) Animal Services Advisory Board: Minutes of April 20, 2010. 3) Collier County Citizens Corps: Agenda of July 21,2010. Minutes of July 21,2010 - no quorum. 4) Collier County Coastal Advisory Committee: Minutes of April 29, 2010; May 20,2010 Clam Bay Subcommittee; June 10,2010; June 17,2010 Clam Bay Subcommittee. 5) Collier County Code Enforcement Board: Minutes of June 24,2010; July 22,2010. 6) Contractors Licensing Board: Minutes of June 16, 2010. 7) Development Services Advisorv Committee: Minutes of June 2, 2010; July 21,2010; August 4,2010; August 13, 2010 Public UtilitieslRPZ Subcommittee; August 19, 2010 Public UtilitieslRPZ Subcommittee; August 27,2010 Public UtilitieslRPZ Subcommittee. 8) Environmental Advisorv Council: Minutes of August 4, 2010. 9) Forest Lakes Roadway and Drainage Advisorv Committee: Agenda of January 13,2010; February 10, 2010; March 17,2010; April 14, 2010; May 19,2010; July 7,2010. Minutes of November 18, 2009; January 13,2010; February 10,2010; March 17,2010; April 14, 2010; May 19,2010. 10) Golden Gate Beautification Advisory Committee: Agenda of July 12,2010; August 10,2010. Minutes of May 11,2010; July 12, 2010. 11) Golden Gate Estates Land Trust Committee: Agenda of March 23, 2009; May 20, 2009; July 27, 2009; September 28,2009; December 7,2009; January 25, 2010; March 22, 2010; May 24,2010. Minutes of March 23, 2009; May 20, 2009; July 27, 2009; September 28,2009; December 7,2009; January 25, 2010; March 22, 2010; May 24,2010. 12) Hisoanic Affairs Advisorv Board: Minutes of April 29, 2010. 13) Historical/Archaeolof?:ical Preservation Board: Minutes of April 15, 2009. 14) Immokalee Beautification Advisorv Committee: Agenda of February 24,2010; March 24, 2010; May 26,2010; June 23,2010. Minutes of January 27,2010; February 24,2010; April 28, 2010; May 26,2010. 15) Immokalee Enterprise Zone Develooment Agency: Agenda of July 21,2010; August 18,2010. Minutes of June 16,2010; July 21,2010. 16) Immokalee Local Redevelopment Advisory Board: Agenda of July 21, 2010; August 18,2010. Minutes of June 16,2010; July 21,2010. 17) Isles of Capri Fire Control District Advisorv Committee: Minutes of May 6,2010. 18) LeI Y Golf Estates Beautification Advisory Committee: Agenda of July 15,2010; August 19,2010. Minutes of May 20, 2010; July 15,2010. 19) Pelican Bay Services Division Board: Agenda of July 7,2010; July 9,2010 budget subcommittee; August 4,2010; August 5, 2010 budget subcommittee; September 1, 2010; September 2,2010 special session. Minutes of May 26, 2010 community improvement workshop; June 2, 2010; July 7,2010; July 8, 2010 budget subcommittee; August 4,2010; August 5,2010 budget subcommittee. 20) Radio Road Beautification Advisorv Committee: Agenda of May 18,2010; August 17,2010. Minutes of April 20, 2010; May 18,2010. 21) Vanderbilt Beach Beautification MSTU Advisorv Committee: Agenda of March 4,2010; April I, 2010; May 6,2010. Minutes of February 4,2010; March 4, 2010; April 1, 2010. 22) Water and Wastewater Authority: Minutes of May 10, 2010. C. Other: 1) Code Enforcement Special Magistrate: Minutes of July 16, 2010. 2) Code Enforcement Special Magistrate Intersection Safety Program: Minutes of July 21,2010; August 2,2010. September 28, 2010 Item #16Jl DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 4, 2010 THROUGH SEPTEMBER 10,2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 16J2 DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 11,2010 THROUGH SEPTEMBER 17,2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 16J3 EXTENSION OF THE TAX ROLL BEFORE COMPLETION OF THE VALUE ADJUSTMENT BOARD HEARINGS PURSUANT TO SECTION 197.323, F.S., AND TAX COLLECTOR'S REQUEST Item #16Kl FINAL JUDGMENT IN THE AMOUNT OF $69,900 FOR PARCELS 121 & 721 IN THE LAWSUIT STYLED COLLIER COUNTY V. RAFAEL LIY, ET AL., CASE NO. 05-752-CA (COLLIER BOULEVARD 951 PROJECT NO. 65061) (FISCAL IMPACT $31.521.80) Item #16K2 STIPULA TED FINAL JUDGMENT IN THE AMOUNT OF $67,250 FOR PARCEL 809 IN THE LAWSUIT STYLED COLLIER COUNTY V. MYRTLE PRESERVE, LLC., ET AL., Page 1 77 September 28, 2010 CASE NO. 07-0463-CA (LELY AREA STORMWATER IMPROVEMENT PROJECT NO. 51101.1) (FISCAL IMPACT $91.717.50) Item #16K3 RESOLUTION 2010-187: RESOLUTION DESIGNATING THE DRIVER LICENSE BUILDING AT 725 AIRPORT ROAD SOUTH AS THE GUY L. CARL TON DRIVER LICENSE BUILDING - RECOGNIZING THE VISION AND DEDICATION OF THE FORMER TAX COLLECTOR Item #16K4 RESOLUTION 2010-188: RESOLUTION DESIGNATING THE PROPOSED FLORIDA POWER & LIGHT GREENWAY FROM NORTH OF RATTLESNAKE HAMMOCK ROAD TO RADIO ROAD AS THE RICH KING MEMORIAL GREENWAY - AFTER THE LATE RADIO AND TALK SHOW HOST WHO'S MAINSTAY COLLIER COUNTY UNTIL JUST BEFORE HE PASSED IN 2003 Item #16K5 (Moved to Item #12D During Agenda Changes per Commissioner Henning) Item #17A RESOLUTION 2010-189: PETITION V AC-PL2010-817, HODGES UNIVERSITY, TO DISCLAIM, RENOUNCE AND V ACA TE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A 40-FOOT WIDE DRAINAGE EASEMENT OVER TRACT-B ON THE PLAT OF NORTHBROOK PLAZA, A SUBDIVISION ACCORDING TO Page 178 September 28, 2010 THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGES 65 AND 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE SPECIFICALLY DEPICTED ON EXHIBIT A, AND ACCEPT THE REPLACEMENT DRAINAGE EASEMENT DEPICTED AND DESCRIBED ON EXHIBIT B Item #17B ORDINANCE 2010-36: AMENDING ORDINANCE NO. 86-28, AS AMENDED, THE FLOOD DAMAGE PREVENTION ORDINANCE, TO RE-ADOPT FINISHED FLOOR ELEVATION CRITERIA WHICH WERE INADVERTENTLY REPEALED BY ORDINANCE 2009-59 AND ALLOWING FOR INTERIM STANDARDS Item #17C ORDINANCE 2010-37: AMENDING ORDINANCE NO. 2009-32, AS AMENDED, (ENVIRONMENTAL ADVISORY COUNCIL ORDINANCE), TO MAINTAIN CONSISTENCY WITH THE GROWTH MANAGEMENT PLAN (GMP) CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME) POLICIES 6.1.1 (13) AND 6.1.8, AND LAND DEVELOPMENT CODE (LDC) AMENDMENT TO SUBSECTION 10.02.02.A Item #17D RESOLUTION 2010-190: PETITION DRICLO-PL2009-95, CDC LAND INVESTMENTS, INC., REPRESENTED BY R. BRUCE ANDERSON, ESQUIRE OF ROETZEL & ANDRESS, LP A, IS Page 1 79 September 28, 2010 REQUESTING AN ESSENTIALLY BUILT-OUT AGREEMENT IN ORDER TO CLOSE OUT THE COLLIER TRACT 22 DEVELOPMENT OF REGIONAL IMPACT AND BE RELIEVED OF ANY OBLIGATIONS FOR THE DRI. THE PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF US 41 AND IMMOKALEE ROAD, IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER COUNTY. FLORIDA (CTS) Item #17E RESOLUTION 2010-191: PETITION VAC-PL2010-965, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A 20-FOOT WIDE LAKE MAINTENANCE EASEMENT OVER LOT 36, OF PARK PLACE WEST, A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGES 32 AND 33, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, THE SUBJECT PORTION OF EASEMENT TO BE VACATED IS MORE SPECIFICALLY DEPICTED AND DESCRIBED IN EXHIBIT A Item #17F RESOLUTION 2010-192: ANNUAL RATE RESOLUTION TO ESTABLISH THE FEES, RATES, AND CHARGES FOR THE USE OF COLLIER COUNTY SOLID WASTE FACILITIES, INCLUDING LANDFILL TIPPING FEES, RECYCLING CENTER FEES, RESIDENTIAL MUL TI-F AMIL Y AND COMMERCIAL WASTE COLLECTION FEES FOR FYll. THIS RESOLUTION ADOPTS THE RATES THAT FUND THE FYl1 BUDGET FOR Page 180 September 28,2010 SOLID WASTE COLLECTION AND DISPOSAL Item #17G RESOLUTION 2010-193: PETITION CU-PL2009-58, LARGA Y PROPERTIES, LLC, REPRESENTED BY RICHARD D. YOV ANOVICH, ESQUIRE OF COLEMAN, YOV ANOVICH & KOESTER, P.A. AND D. WAYNE ARNOLD, AICP OF Q. GRADY MINOR AND ASSOCIATES, P.A., IS REQUESTING APPROVAL OF A CONDITIONAL USE FOR A COLLECTION AND TRANSFER SITE FOR RESOURCE RECOVERY IN THE AGRICUL TURAL (A) ZONING DISTRICT PURSUANT TO COLLIER COUNTY LAND DEVELOPMENT CODE SUBSECTION 2.03.01 A.l.C.12 THE SUBJECT 5 ACRE TRACT IS LOCATED ON THE EAST SIDE OF PHEASANT ROOST TRAIL, SOUTH OF FRANGIPANI AVENUE IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA Item #17H RESOLUTION 2010-194: RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2009-10 ADOPTED BUDGET Item #171 RESOLUTION 2010-195: RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2010-11 ADOPTED BUDGET Page 181 September 28,2010 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:37 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALSIEX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~w.~ FRED COYLE, Chairman ATTP&T~~':4rD"""'," Dwl'cmJ -ii,ltitotK, CLERK it.,.",I,';-- These minutes approved by the Board on o~ 2 Co I [D ( 0 as presented ~./\. or as corrected ./ TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. 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