BCC Minutes 02/18/2003 S (Creation of Beachwalk-Pavilion Club-Regatta-Naples Park MSTU)February 18, 2003
TRANSCRIPT OF THE SPECIAL MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, February 18, 2003
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 SPECIAL
SESSION in Building "F" of the Government Complex, East Naples,
Florida, with the following members present:
CHAIRMAN:
Tom Henning
Donna Fiala
Jim Coletta
Frank Halas
Fred Coyle
ALSO PRESENT:
Jim Mudd, County Administrator
Ed Kant, Transportation Operations Director
David Weigel, County Attorney
Page 1
NOTICE OF BOARD OF COUNTY COMMISSIONERS
SPECIAL MEETING
Tuesday, February 18, 2003
9:00 A.M. - Time Certain
Notice is hereby given that the Collier County Board of County Commissioners will hold
a special meeting on TUESDAY, FEBRUARY 1 8, 2 003, a t 9:00 a .m., time certain, in the
Board Meeting Room, Third Floor, Harmon Turner Building (Administration), Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, to consider the following item:
REQUEST BOARD CONSIDER THE CREATION OF THE BEACHWALK-
PAVILION CLUB-REGATTA-NAPLES PARK MUNICIPAL SERVICES
TAXING UNIT (MSTU) FOR THE PURPOSE OF PROVIDING A FUNDING
SOURCE FOR PLACING FLORIDA POWER AND LIGHT (FPL)
TRANSMISSION LINES UNDERGROUND ALONG 91sT AVENUE NORTH
AND A PORTION OF VANDERBILT DRIVE
This item will be considered prior to the scheduled Water and Wastewater Master Plan,
Impact Fee, and User Rate Study Workshop at the same location.
All interested parties are invited to attend, to register to speak and to submit their
objections, if any, in writing, to the Board prior to the special meeting.
All registered public speakers will be limited to five (5) minutes unless permission for
additional time is granted by the Chairman.
The meeting will be open to the public.
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 indicates the testimony and evidence upon which the appeal
is to be based.
Collier County Ordinance No. 99-22 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.
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, (941) 774-8380; assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
BOARD OF COU'NTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Tom Henning, Chairman
DWIGHT E. BROCK, CLERK
By:/s/Maureen Kenyon
Deputy Clerk
February 18, 2003
CHAIRMAN HENNING: Would you all rise for the pledge of
allegiance, please.
(Pledge of Allegiance was recited in unison.)
Item:
CREATION OF THE BEACHWALK-PAVILION CLUB-
REGATTA-NAPLES PARK MUNICIPAL SERVICES TAXING
UNIT (MSTU) FOR THE PURPOSE OF PROVIDING A
FUNDING SOURCE FOR PLACING FLORIDA POWER AND
LIGHT (FPL) TRANSMISSION LINES UNDERGROUND
ALONG 91oo,T AVENUE NORTH AND A PORTION OF
VANDERBILT DRIVE- STAFF TO PREPARE ALL
NECESSARY DOCUMENTS; ADVERTISE A DRAFT MSTU
ORDINANCE AS OUTLINED IN THE EXECUTIVE SUMMARY
TO INCLUDE ALL OF NAPLES PARK, REGATTA,
BF, ACHWAIJK~ AND PAVIIJON- APPROVED
CHAIRMAN HENNING: First order of business, we have an
emergency meeting to consider an MSTU, and then we're going to
have a workshop on our wastewater and water impact fees. So County Manager Jim Mudd?
MR. MUDD: Yes, sir. The -- ma'am, it's a hot seat. No.
Anybody smell anything that's burning?
COMMISSIONER FIALA: Jim and I both smell it, yes, you
can smell it.
COMMISSIONER COLETTA: That's us cooking. We're ready
to go.
CHAIRMAN HENNING: Okay, I don't see any smoke, so let's
carry on.
MR. MUDD: The first item is a request to the board. It is a
special meeting of the Board of County Commissioners that was
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February 18, 2003
announced at your board meeting last week on Tuesday that we
would talk about an MSTU for the Naples power area around 91st
Street. And let me read the topic on this one. It's request board
considera -- to consider the creation of the Beachwalk-Pavilion
Club-Naples Park municipal services taxing unit, MSTU, for the
purpose of providing a funding source for placing Florida Power &
Light transmission lines underground along 91 st Avenue North, from
Eighth Street North to Vanderbilt Drive.
And the person to present this is Ed Kant.
MR. KANT: Good morning, Commissioners. Edward Kant,
transportation operations director.
This is really a very straightforward item. The board requested
that staff prepare some background data for the creation of an MSTU
to place these lines underground.
There is on the visualizer a picture of the area -- excuse me a
second. We're going to point out in a minute where the boundaries
are. That's the comer of Eighth; that's the comer'of-- that's
Vanderbilt Beach, around the Pavilion, and come up to 93rd. Down
-- actually, it would be the line between 93rd and 94th, and then
down Vanderbilt again to Vanderbilt Beach.
We looked at the area, and as was pointed out at the board
meeting, this was an issue of the visual impact, and those appear to
be the areas most heavily impacted, which included the Beachwalk
Club, the -- Beachwalk condominium, the Pavilion Club and those
single-family homes up through the first tier on the north side of
93rd.
As is shown on the executive summary, the value -- the taxable
value within that area is approximately 104.5 million, which would
provide about 104,000 for one mil. The estimated cost provided by
FP&L to place those lines underground -- that would be the
additional cost, the differential only -- is about 58 to $60,000.
There's also -- there are some administrative costs associated
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February 18, 2003
with the formation of the MSTU, even if it's only carried through for
one year. Staff, in order to be somewhat conservative, has put about
a $10,000 estimate on that. We anticipate it would in fact be
somewhat lower.
But for the purposes of discussion, the millage that would be
necessary to fund that $70,000 in a single year would be about
two-thirds of a mil., about .67.
Again, based on information provided by the assessor's office
for the average home with $125,000 taxable value, that would be
about an $84 assessment for that improvement.
FP&L has applied for and received their right-of-way permit for
the overhead. That permit was issued in conformance with our
standard practices. At the time that was issued there was no issue
that we were aware of between overhead versus underground.
Having presented that to you, we also in our recommendation
are requesting that if the board decides that this MSTU should go
forward, that it would be formed for the sole purpose of facilitating
the funding of the underground placement of the FP&L transmission
line, that the tax levy would be such that the entire cost of the project
could be reimbursed in one year, and we're basing the request on the
amount to be financed at about 70,000, subject to refinement, once
we get some final numbers from FP&L from the budget office and
from the assessor's office.
CHAIRMAN HENNING: Question by a member of the board
to Mr. Kant?
Let's go to public speakers.
MR. MUDD: Mr. Chairman, we have three speakers. The first
speaker is Vera Fitz-Gerald, followed by John Hickey.
MS. FITZ-GERALD: I'm Vera Fitz-Gerald, Naples Park.
When we first started to talk about this, we thought well, maybe
we should just have the affected people, the people who could
actually see this should have to pay and not the rest. But we sent out
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February 18, 2003
an e-mail to, oh, I don't know, maybe 450 people, and we started
getting responses. And I apologize to Jim Mudd and Commissioner
Halas, I forwarded a lot of them. Then I started to feel guilty.
COMMISSIONER COLETTA: Good for you.
MS. FITZ-GERALD: And I said I'm sorry I'm stuffing your
e-mail box, but I didn't get any people saying no, I won't support this.
People all across Naples Park, from the far north end, 110th, they all
said let's all support 91st. This is a blight on our entire neighborhood,
we're going through a beautification study, let's all get behind this
and support it.
And a simple math, and I like to simplify things, say there's
3,000 property owners, there's another 350 in Beachwalk, there's
another 150 or so, you take that figure and divide it into 60,000,
you're talking 10 to $20 a property. And everybody that we talked to
said go for it.
So I think that -- and I'm speaking for a lot of people on this,
people who have contacted me, telephone calls, I haven't got one
person who said no, I don't want to do this. They all said 10 to 20. A
lot of them said no more than 20, but 10 to 20, they said.
There's one comment I'd like to make, and I wish the
transportation department would not be so quick to rubber stamp
these permits. I wish they'd take a few minutes just to consider the
impact on the affected neighborhoods, and maybe give us a heads up
so we could do something. And things like the poles on 99th
wouldn't have happened, the poles on the front yards of 91 st wouldn't
have happened. And they really need to stop and give that.
But anyway, I'm speaking for a lot of people in Naples Park
who are all saying include us, we're going to help; 10 to 20 bucks
isn't too much to help our neighborhood. So I hope you'll consider
that when you're considering the boundaries of the MSTU.
And again, I apologize to those two gentlemen. The power of
the computer.
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February 18, 2003
MR. MUDD: Next speaker will be John Hickey, followed by
George Pacanovsky. Close, I hope.
MR. HICKFJY: Thank you. I'd just like to give you a couple of
statistics to support what Vera is saying about the Naples Park
opinion on burying the line. She put my name and number in part of
a little article in her newsletter, and I received 72 phone calls from
people in Naples Park. And I tried to record all of them. And I
would say 90 percent of those -- I asked the question, if they would
be willing to support this monetarily as well as signing something,
and 90 percent of them said yes.
We also -- most of the responses I got, a good 90 percent of
them were from folks north in Naples Park of 91st Avenue.
My second point is in making a consideration of the area to be
included, I think that the southern building of Chateau Vanderbilt,
which would be, I would estimate, 10 units, I don't know whether
you can see it clearly on the map, but I think you can, there are two
units and they are on Vanderbilt Drive. They're two-story white
condominiums. And I think that they have a clear visual site down
91 st Avenue.
And the third point I would make is that Regatta was completely
removed from the consideration here of the units to be included,
because FPL told staff that the power lines along Regatta's east side
and south side were going to remain on poles. That's true. However,
the building in the northeast comer of Regatta -- Regatta consists of
five highrises -- the building in the northeast comer has a clear view
down 91st Avenue. And I'm just putting out for your consideration
that that building also be included in the count.
And again, many thanks to County Manager Mudd and staff for
the job that they did in putting this together in three working days. I
think that's nothing short of unbelievable. And thank you all for your
consideration.
COMMISSIONER HALAS: Can I say something?
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February 18, 2003
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: I just want to thank John Hickey
and Vera Fitz-Gerald and all the other community leaders that got
actively involved in this thing. And I think it goes to show what
happens when people put their minds to something and they make a
determination that they want to try to better their neighborhood.
I also feel that the comment that was brought up in the
discussion here by public speakers that yes, I think that transportation
or the people who are involved in regards to new power lines going
in, I believe that we need to address that to the people that's going to
be affected prior to releasing those permits so that those people, if
they have any problems with it, that they can be addressed in an
orderly manner, and we don't have to jump through hoops, as staff
has done on this.
And I believe whether it's public meetings put on by FPL and
not so much the staff, I think that may be something that we need to
look into so that people realize what FPL is up to. Because
sometimes these can have a large effect on the quality of life we have
in our area. And I want to thank you very much for everybody's
participation in this matter.
MR. PACANOVSKY: Good morning, Commissioners. I have
a piece of correspondence to read to you, which is created by the
board of directors of the Pavilion Club. My name is George
Pacanovsky. I am the vice president of the Pavilion Club.
This is directed to Commissioner Tom Henning, Collier County
Commissioner. Dear Commissioner Henning: The Pavilion Club
Condominium Association will not participate in the municipal
services taxing unit for the purpose of funding the placement of the
FPL transmission lines underground.
Our initial participation in the protestation of FPL's placing
these lines on 50-foot poles was strictly as a good neighbor, and we
made it very clear at the start that our members would not pay any
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February 18, 2003
monies to facilitate this action. The erection of these poles has little
effect on our members and, in fact, the plans submitted by FPL
indicate the only pole on our easement would still be erected as a
feeder to the underground.
The unilateral decision of the county and FPL was made without
any input from the people who are being asked to fund the additional
cost which, in our opinion, is neither democratic nor fair.
At this time we wish to go on record that the Pavilion Club
Condominium Association has no interest in FPL's action of the
placement of the transmission lines. We will not pay any assessment
to fund the final decision.
Should the county and FPL continue to include the Pavilion
Club in the MSTU, our members have unanimously asked us to
pursue other avenues to legally exclude our participation. Sincerely,
Doris Jean Rand, President, Pavilion Club Association.
CHAIRMAN HENNING: Your name for the record, sir?
MR. PACANOVSKY: George Pacanovsky.
CHAIRMAN HENNING: Commissioner Coletta has a
question.
COMMISSIONER COLETTA: Would you help me out, sir,
and show me where the Pavilion Club is? Or if somebody could
possibly?
COMMISSIONER HALAS: It's right there.
MR. MUDD: It's this part right in here, Commissioner.
COMMISSIONER HALAS: And the red line in that-- right
there in that comer, that's where the power line would come across
91st Street and go on the south side. Right there it impacts the
Pavilion Club.
CHAIRMAN HENNING: Okay, thank you, sir.
MR. PACANOVSKY: You're welcome.
COMMISSIONER HALAS: Sir, I've got a question. I had an
e-mail from your president who said that she was in favor of Pavilion
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February 18, 2003
being involved in this early on. And what's changed her mind?
MR. PACANOVSKY: As we said, we were supporting Naples
Park in that respect. We did not know that there would be monies
involved as --
COMMISSIONER HALAS: So you wouldn't be in favor of
those lines above ground then--
MR. PACANOVSKY: Actually--
COMMISSIONER HALAS: -- because it's $84 that might
come out of your pocket.
MR. PACANOVSKY: Actually, sir, it really doesn't really
make that much difference, because we have one pole now. And the
amount of feet that's involved on our property is 270 feet, which is
minimal. We're looking at one pole now, so it doesn't make any
difference if there's -- if that pole stays or another pole goes up in
that area. We're talking about one pole, that's all.
CHAIRMAN HENNING: Commissioner Coletta has another
question.
COMMISSIONER COLETTA: If you would, please, sir, I've
never been in your neighborhood. I wish I was, but some day I may
get that opportunity. Is it a gated community? MR. PACANOVSKY: Yes, it is.
COMMISSIONER COLETTA: Okay, and where's the gate on
this community?
MR. PACANOVSKY: The gate, it's actually on Gulf Pavilion
Drive. It's off Vanderbilt Beach Road.
CHAIRMAN HENNING: That's west of U.S. 41.
COMMISSIONER COLETTA: Okay, I see it now. Thank you.
MR. PACANOVSKY: Okay, you're welcome. Do you all
members -- do you commissioners have copies of the letter?
COMMISSIONER COLETTA: Yes. Thank you.
CHAIRMAN HENNING: The wish of the board?
COMMISSIONER COLETTA: If I may open the topic for
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February 18, 2003
conversation. I thought it was -- I personally like the boundaries. I
just would like to see that included down over here at the end. What
was the name of this one.9
COMMISSIONER HALAS: Regatta.
CHAIRMAN HENNING: Golden Gate Estates.
COMMISSIONER COLETTA: Regatta be included into that.
What did you say?
CHAIRMAN HENNING: Nothing.
COMMISSIONER COLETTA: You weren't making an Italian
joke, were you? I hope not.
I would make a motion that we approve this MSTU according to
these boundaries to include also the Regatta.
COMMISSIONER HALAS: Can I say something? When this
all started, I was under the impression that we were going -- that this
line was going to be buried when it first came into Naples Park, and
it was going to be buried all the way until it crossed the road down at
the -- on Vanderbilt Beach Road, right across from the Ritz-Carlton.
What has changed in this thing? Because I was under the impression
that that was --
MR. KANT: Commissioner, perhaps I can assist you. Based on
CHAIRMAN HENNING: Mr. Kant, just one minute.
MR. KANT: Yes, sir.
CHAIRMAN HENNING: We have a motion on the floor. I
would ask the motion maker to withdraw to let the -- out of respect of
the commissioner of the district.
COMMISSIONER COLETTA: I'd be more than happy to.
CHAIRMAN HENNING: Thank you. Proceed.
MR. KANT: Yes, sir. The correspondence that we've had with
FP&L indicates that the -- if you look on the drawing, I believe
everybody received one of these in your package. The blue line
indicates the existing overhead, which goes from U.S. 41 to Eighth
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February 18, 2003
Street. That was to remain. And at Eighth Street they were going to
come down. And if they go underground it would be from Eighth
Street to Vanderbilt Drive, along the south side of 91st. There is
existing overhead along Vanderbilt Drive and Vanderbilt Beach, and
they were merely going to tie into that, come back up again at
Vanderbilt to tie into that. That was the reason for not including the
Regatta. However, you know, we're just awaiting direction at this
point.
COMMISSIONER HALAS: Okay. Well, again, if they're
using existing poles on Vanderbilt Drive and then using existing
poles to go west on Vanderbilt Beach Road, why didn't they just use
the existing poles that are on Vanderbilt Beach Road all the way back
to U.S. 41.9
They told us at the time they couldn't use it, but yet they're
going to use the existing poles once they get out of Naples Park and
then go across the street over here on Vanderbilt Drive, head south
and then go west on Vanderbilt Beach Road, and using existing
poles. They've got existing poles on Vanderbilt Beach Road heading
east, all the way back to 41.
MR. KANT: That's correct. That's the question that's put to
FP&L, sir. We're not in a position to determine how -- what
decisions they've made.
As far as the boundaries, I would like to point out that if the
board's direction is to -- again, this item was to consider the creation
of the MSTU. If the board's direction is to move forward, we would
obviously have to come back to you with the ordinance for
advertising.
The time line for this, again, just so that you're familiar with the
way the MSTU would be created, we would have to have the MSTU
boundaries determined and the MSTU itself created prior to
December 31 st of this year so that it could go on the tax rolls for next
year.
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February 18, 2003
That-- as I pointed out in the executive summary, the first
income from that would be in fiscal year 2005. It would go on the
tax bill for 2004. FP&L has indicated that if it is the board's desire to
move in that direction, that they would permit a deferral of that
repayment to them.
During the course of the discussions we heard several different
requests as far as boundaries; in one case to include all of Naples
Park, in one case to include a community that was not included. And
again, that is an area that we can bring back and ask for further
direction on. We have no real time crunch in the sense that we have
some time to create this because it can't go on the tax rolls until next
year anyhow.
I also -- I think it's important to address the concern that
Commissioner Halas brought up with respect to our ability to stop
and require public meetings or public hearings. Under our current
ordinances, when someone applies for a right-of-way permit, whether
that's utility or private individual, as long as they meet the
engineering requirements, we're bound to issue that permit with
whatever stipulations may be required in terms of maintenance and
traffic and that type of thing.
If it's the board's direction that that ordinance be reviewed or if
some other procedure is to be put in place, we'll be happy to sit down
with the community development division and try to work that out.
But under our current procedures and ordinances, if the engineering
plans and if they meet all of those criteria are correct, there's no
reason that we should not be able to issue that permit. If we don't
issue the permit, we may find ourselves in a very negative position.
And so as a result, we're very careful to review these from the
engineering and from the maintenance of traffic. But as I say, there
is no constraint on our issuing the permit, if all those conditions are
met.
CHAIRMAN HENNING: Commissioner Halas?
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February 18, 2003
COMMISSIONER HALAS: I think that what -- we need to
address that, because I believe that not only in District 2 are we going
to run across more of these problems, but I believe that we've got
other districts out there that may have the same thing.
And I think that people are well aware of the fact that they'd like
to better their communities eventually. We've got Golden Gate City
that eventually's got power lines all over the place, and I think they're
going to want to address them. And I think there's other areas down
in District 1 that may want to someday address new power lines
going in.
And I think that if there is concern of the people, all they have
to do is at least have -- they being FPL -- have a meeting set up to
whereby the residents can come in and state, you know, how they
feel about it, and they can decide whether they want to have an
MSTU, or whether we -- maybe eventually we'll want to look at
something as far as a franchise fee and look at something of this
nature countywide. But at least we give the people the option to at
least hear what's going on with FPL prior to the county issuing
permits.
And I understand where you're coming from, you're bound by
law. But I also think we need to address that area of concern for
residents. Thank you.
CHAIRMAN HENNING: Commissioner Halas, I heard a little
bit of old issues that we addressed at the last meeting, so we need to
remove that. If you have some new ideas, if I may suggest to the
county manager if we can put this up at a future BCC agenda for
consideration and let us see the pros and cons of Commissioner
Halas's suggestion.
MR. MUDD: You want the -- Mr. Chairman, you want the
ordinance to come back and you can take a look at the ordinance and
tell us which things you want us to add or delete?
CHAIRMAN HENNING: Well, and I think at that time we
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February 18, 2003
need to know the pros and cons of that. Every time government
takes action, there's an opposite reaction. Okay, Commissioner Fiala?
COMMISSIONER FIALA: Thank you. Could we also have
staff, as long as they're doing this, check on why they're not putting
the new lines on the poles that are already existing? Or isn't that
something we do?
CHAIRMAN HENNING: Your question again?
MR. MUDD: Commissioner, when we asked FPL why they
didn't use the lines going behind the houses from Vanderbilt down,
and there's also -- from what I understand, there's existing lines that
go behind the houses, behind 91 st and behind the 92nd houses along
this run, and it had to do with money. And the second stringing in
that process would cost them too much money, from what they told
us at the meeting.
And so that's what we asked when we sat in that meeting with
them, I asked them why they didn't go down Vanderbilt, why they
didn't use existing lines through neighborhoods to double string. We
went through that entire process, and it was basically more
cost-effective for them to take the red line overhead look with new
poles in the ground in order to do that, and even raise the poles
higher than the other ones to stretch across existing poles.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Mr. Chairman, we dealt with all
this at our last meeting.
CHAIRMAN HENNING: Correct.
COMMISSIONER COYLE: You know, our objective right
now is to act on a recommendation by staff concerning an MSTU.
And if we're going to do that, I suggest we do it and get it done;
otherwise, it's going to be too late. If we go back and study this issue
much longer, we're not going to get this done. So I would suggest
that we give Commissioner Halas an opportunity to make a motion
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February 18, 2003
with respect to this MSTU and let's get on with it. CHAIRMAN HENNING: Thank you.
COMMISSIONER HALAS: I make a motion that we go ahead
with this MSTU, and I think we ought to include all of Naples Park.
That way it would defray the cost, from the input that was brought
forth in the discussion. So let's include the MSTU, all of Naples Park
in that.
MR. KANT: Thank you, Commissioners.
CHAIRMAN HENNING: We have a motion on the floor.
COMMISSIONER FIALA: I'll second that.
CHAIRMAN HENNING: We have a second by Commissioner
Fiala.
Anymore discussion on this item?
COMMISSIONER COLETTA: Just one more question. What
about the Regatta, being that it lines right up?
COMMISSIONER HALAS: I'd like to see if we could include
the Regatta, yes.
CHAIRMAN HENNING: Commissioner Fiala, that's part of
your second?
COMMISSIONER FIALA: Yes, I'll second that.
CHAIRMAN HENNING: Okay, there's a motion by
Commissioner Halas, second by Commissioner Fiala. All in favor of
the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER FIALA:
COMMISSIONER COYLE:
COMMISSIONER HALAS:
CHAIRMAN HENNING:
Opposed?
(No response.)
CHAIRMAN HENNING:
MR. KANT:
Aye.
Aye.
Aye.
Aye.
Motion carries 5-0.
Thank you, Commissioners.
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February 18, 2003
MR. MUDD: Question, Commissioners, before--just for
clarification. You heard a request about the Pavilion. Is that
included in the particular motion? Is it basically this yellow line with
the Regatta that touches, plus the entirety of Naples Park?
COMMISSIONER HALAS: And Beachwalk.
MR. MUDD: And Beachwalk.
COMMISSIONER HALAS: Right. And depending upon the
legality, I think that Pavilion Club should be included in that. But if
there's a legality problem there, then I think that needs to be
addressed prior to putting all the final paperwork together.
CHAIRMAN HENNING: Okay. Thank you, Mr. Kant.
MR. KANT: Thank you, Commissioners.
Commissioners, before we -- if I may, Commissioner Henning,
Mr. Weigel has reminded me that one of the things that FP&L has
asked us is to ascertain that there will be a commitment on behalf of
the board for this payment of the roughly $60,000. It's my
understanding that because you've directed us to go forward with the
MSTU, that does provide the funding mechanism. I just want the
record to state that so there could be no question when we go back to
FP&L.
CHAIRMAN HENNING: Correct, that's my understanding,
and I see everybody's head shaking.
MR. KANT: Thank you, Commissioners.
CHAIRMAN HENNING: Thank you.
We're going to adjourn the special meeting and open up the
workshop on the wastewater and water impact fees.
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 9:30 a.m.
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February 18, 2003
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
OM HENNING, Chairfhan -
AT~EST:,;~ ;;;~.~.';
V~GHT E' gl~OCK '--
's~f' ute on~.~f~'~
These minutes approved by the Board on
presented ~ or as co~ected
_, as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC. BY CHERIE NOTTINGHAM
Page 17