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BCC Minutes 01/26/2010 R January 26,2010 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, January 26, 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 district as has been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Fred Coyle Frank Halas Jim Coletta Tom Henning Donna Fiala ALSO PRESENT: Leo Ochs, County Manager Michael Sheffield, Assistant County Manager Jeffrey A. Klatzkow, County Attorney Sue Filson, BCC Executive Manager Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) 0\.)\' II". t","'/'~\: ,., ~. ......,~.~ (Jt ,,' AGENDA January 26, 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 Chairman Donna Fiala, BCC Commissioner, District 1; CRAB Vice-Chairman Tom Henning, BCC Chairman Commissioner, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 January 26, 2010 PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Karen Kocses, Library 2) Margaret Wright, Building Review & Permitting B. 25 Year Attendees Page 2 January 26, 2010 1) Jean Jourdan, Bayshore Gateway CRA 2) Jeanine McPherson, Parks and Recreation 3) Carol Travis, Library 4) Richard Winans, Road Maintenance 4. PROCLAMATIONS 5. PRESENTATIONS A. This item continued from the November 10, 2009 BCC Meetinl!:. Presentation on the Youth Resource Center by Sheriff Kevin Rambosk. B. Presentation of the PHOENIX AWARD to recognize those EMS Paramedics, EMTs, Firefighters and Sheriff's Deputies, who through their skills and knowledge, have successfully brought back to life individuals who had died. C. Recommendation to recognize Denise McMahon, Senior Library Supervisor, as the Supervisor of the Year for 2009. D. Presentation of Collier County "Business of the Month" award to INgage Networks for January 2010. E. Recommendation to recognize staff of Housing and Human Services and the staff and Board of Directors of Immokalee Housing and Family Services for being selected as a winner of the 2010 Audrey Nelson Community Development Achievement Award, for its Carl J. Kuehner Community Center Project. This award represents the culmination of a national competition to identify and recognize exemplary uses of Community Development Block Grant (CDBG) funds which best address the needs of low-income families and neighborhoods. To be accepted by Marcy Krumbine, Housing and Human Services Director and Sheryl Soukup, Executive Director ofImmokalee Housing. 6. PUBLIC PETITIONS Page 3 January 26, 2010 A. Public petition request by Lois Bolin to discuss endorsement of the Collier County Heritage Trail. B. Public petition request on behalf of Christian Kitchen Outreach, Inc., to discuss sign variance. Item 7 and 8 to be heard no sooner than 1:00 D.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item to be heard at 1 :00 p.m. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. V A-PL2009-l460 Michel Saadeh of the Vineyards Development Corporation is requesting a Variance of34.6 feet from the minimum 50-foot setback requirement from abutting residential districts of Ordinance No. 91-75 (the Vineyards PUD) to allow a 15.4-foot setback for a maintenance building from an abutting residential district; and a Variance from the lO-foot wide buffer width requirement of Land Development Code (LDC) Subsection 4.06.02 C.l. to allow all the required plant material to be located in separate 10-foot wide buffer areas adjacent to the aforementioned abutting residential district. The 1.2l-acre subject property is located at 400 Vineyards Boulevard, in Section 8, Township 49 South, Range 26 East, Collier County, Florida. (CTS) 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 2:00 p.m. This item has been continued from the January 12, 2010 BCC Meetinl!:. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-PL2009-78l: Craig T. Bouchard of Tennis Realty, LLC represented by Michael R. Fernandez, AICP of Planning Development Inc., is requesting an amendment to the Naples Bath and Tennis Club Planned Unit Development (PUD) (Ord. No. 81-61) to revise the site development plan approval process for the transient lodging facilities accessory use and adding development standards for transient lodging facilities, by amending the development plan cover page; by amending Section II, Project Development, Subsection 2.3.B.; by amending Section IV, Tract B: Recreational Club Development, Subsection 4.3.B.3); by amending Section IX. Development Standards, adding Section 9.12, Page 4 January 26, 2010 Transportation Improvements and any other stipulations or regulations that may result from the amendment process pertaining to transient lodging facility units within the 20 acre Tract B of the 153.7 acre project. The subject property is located on the west side of Airport-Pulling Road, between Pine Ridge Road and Golden Gate Parkway in Section 14, Township 49S, Range 25E, Collier County, Florida. (CTS) B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2008-AR-1395l: Olde Florida Golf Club, Inc., represented by John Passidomo ofCheffy Passidomo, and Margaret C. Perry, AICP, ofWilsonMiller Inc., is requesting a standard rezone from the Golf Course (GC) zoning district and the Rural Fringe Mixed Use District-Neutral Lands Zoning Overlay District to the Agriculture (A) zoning district and the Rural Fringe Mixed Use District-Neutral Lands Zoning Overlay District. The subject property, consisting of 553.67 acres, is located on the Vanderbilt Beach Road Extension, approximately 2 miles east of the Vanderbilt Beach Road (CR 862) and Collier Boulevard (CR 951) intersection, in Section 31, Township 48 South, Range 27 East, Collier County, Florida. (CTS) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. B. Appointment of members to the Bayshore Beautification MSTU Advisory Committee. C. Appointment of members to the Land Acquisition Advisory Committee. D. Appointment of members to the Ochopee Fire Control District Advisory Committee. E. Request Board to set the balloting date for the recommendation of members to the Pelican Bay Services Division Board by record title owners of property within Pelican Bay. 10. COUNTY MANAGER'S REPORT Page 5 January 26, 2010 A. Recommendation to consider cost estimates for constructing permanent historical exhibits and displays for the Marco Island Historical Museum (Ron Jamro, Museum Director). B. Recommendation to approve the award ofRFP #09-5278 and authorize the Chairman to execute an agreement with Stanley Consultants, Inc., for Design & Related Services for the Intersection Capacity Improvements to the US 41 and CR 951 Intersection and Resurfacing, Restoration and Rehabilitation (3R) roadway improvements to CR 951 in the amount of $1,700,000.00 for Project No. 60116 (Norman Feder, Transportation Services Administrator). C. Recommendation to approve the purchase of 1.476 acres of commercially zoned property needed for the construction of a stormwater detention and treatment pond required in connection with the Collier BoulevardlUS-4l Overpass Project No. 60116. (Fiscal Impact: $2,160,442.50) (Norman Feder, Transportation Services Administrator). D. Recommendation to consider available options and direct the County Manager on how to proceed with the Clam Bay navigational markers (Gary McAlpin, Director, Coastal Zone Management). E. Recommendation to award Bid #10-5396, for the interior build-out of the former Elks Lodge (Plan B) for the relocation of the Collier County Property Appraiser, Capital Project No. 52013, to Boran Craig Barber Engle Construction Co., in the amount of$1,407,055; and to approve the necessary Budget Amendments (Skip Camp, Director, Facilities Management). F. Recommendation to approve FY 2010 budgeted Commercial Paper Loan prepayments in the amount of $6, 154,000 (Mark Isackson, Corporate Financial Planning and Management Services, County Manager's Office). 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS Page 6 January 26, 2010 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. Community Redevelopment Agency FY 2009 annual performance appraisal review for the Bayshore Gateway Triangle CRA Executive Director. B. Recommendation to the Community Redevelopment Agency (CRA) to complete the 2009 annual performance evaluation for the Immokalee CRA Executive Director. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of the water and sewer utility facilities for Casa Del Lago - Champion Drive Ext. 2) Recommendation to approve final acceptance of the water utility facility for Germain BMW Dealership. 3) Recommendation to approve final acceptance of the water and sewer utility facilities for Forest Park, Phase 3. 4) Recommendation to approve final acceptance of the water and sewer utility facilities for Copper Cove Preserve. 5) Recommendation to approve final acceptance of the water utility facility for Di Napoli. 6) This item reQuires that ex parte disclosure be provided by Commission Members. Should a hearinl!: be held on this item, all participants are reQuired to be sworn in. This is a recommendation Page 7 January 26, 2010 to approve for recording the final plat of Cordoba at Lely Resort, Lots 6 - 9, Lots 31- 50 Replat. 7) Recommendation to release a code enforcement lien and waive related fines, in Code Enforcement Action entitled Collier County v. Thomas and Marian Baker, Code Enforcement Board Case No. 2003-26. 8) Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule by adding a fee for property inspections and removing rental inspection and Post-2009 rental registration fees. B. TRANSPORTATION SERVICES 1) Recommendation to approve the purchase of a Perpetual, Non- exclusive Road Right-of-Way, Drainage and Utility Easement which is required for the construction of the Vanderbilt Beach Road Extension Project, Project No. 60168, Phase I (Fiscal Impact: $9,917.00). 2) Recommendation to approve the purchase of a Perpetual, Non- exclusive Road Right-of-Way, Drainage and Utility Easement and accept the donation of a Temporary Driveway Restoration Easement which are required for the construction of the proposed four-laning improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard, Project No. 60040 (Fiscal Impact: $2,785.00). 3) Recommendation to approve the purchase of a Perpetual, Non- exclusive Road Right-of-Way, Drainage and Utility Easement which is required for the construction of the proposed four-laning improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard, Project No. 60040 (Fiscal Impact: $4,120.00). 4) Recommendation to approve a Resolution and authorize the Chairman to execute an amendment to the Local Agency Program Agreement with the Florida Department of Transportation (FDOT) whereby the County would be reimbursed up to $240,826 for street lighting Page 8 January 26,2010 installation in Everglades City along CR29 (Collier Ave.) and along Broadway from the Town Center east to CR29 (FDOT Project #420885-1-58-01) and to award Bid #10-5376 - Everglades City Lighting, Collier Avenue (Copeland Ave to Riverview Road) to Itran Partners, Inc. in the amount of$240,825.80. 5) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue for projects within the Transportation Supported Gas Tax Fund (313) in the amount of $22,839.00 and to recognize carry forward in the amount of $10,976.00. 6) Approve a Hazard Mitigation Grant Program (HMGP) Agreement in the amount of $110,277 between the State of Florida Division of Emergency Management and the County for a wind protection project to install storm shutters on buildings located at the Collier Area Transit Facility and approve the associated budget amendment. 7) Recommendation to approve Change Order No.2 in the amount of $25,000.00 to Contract #06-3969 with TBE Group, Inc. d/b/a CARDNOTBE, for the Emergency Bridge Management Program (Project No. 66066). C. PUBLIC UTILITIES 1) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 and 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $88.50 to record the Satisfactions of Lien. 2) Recommendation to approve amendments to the existing contracts with Carollo Engineers, P.C., and Malcolm Pirnie, Inc., and MWH Constructors, Inc., for services during program hibernation and reactivation of the Northeast Facilities Program Project No.70899, No.73l56, No. 70902 and No. 75012. Page 9 January 26, 2010 D. PUBLIC SERVICES 1) Recommendation to approve and authorize the Chairman to sign four (4) 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$82,21O.30. 2) To approve final submission of the Disaster Recovery Initiative 2008 application to the Florida Department of Community Affairs for funding in the amount of$9,963,208 to make repairs and mitigation related improvements to housing and public facilities in areas impacted by federally declared natural disasters in 2008. 3) Recommendation to approve and authorize the Chairman to sign the release of six (6) liens with a developer for deferral of 100 % of Collier County impact fees for owner occupied affordable housing dwelling units. 4) Recommendation to approve a Memorandum of Understanding with the Collier Community Cat Coalition to coordinate a community- based Trap-Neuter-Return Program for feral cats. 5) Recommendation to approve and authorize the Chairman to sign an impact fee deferral modification agreement to correct the amount of regional parks impact fees deferred and to provide consistency with the actual fees reflected on the permit payment slip. E. ADMINISTRATIVE SERVICES 1) Recommendation to award Invitation to Bid (ITB) #09-5203 for Pest Control Services to Tri-County Pest Control South Inc., for an estimated amount of$60,000 annually. 2) Recommendation to approve an Agreement for Sale and Purchase with John G. Stark for 1.14 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $14,575. Page 10 January 26, 2010 3) Recommendation to award RFQ #09-5350 for Temporary Clerical Services to Kelly Services in an amount that may exceed $50,000 and terminate Mancan, Inc. from RFQ #09-5350, Temporary Clerical Services. F. COUNTY MANAGER 1) Recommendation to approve the annual renewal ofa Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department. 2) Recommendation to adopt and approve an Identity Theft Prevention and Mitigation Program for Collier EMS/Fire consistent with the Federal Trade Commission's policy requiring providers to have a written plan in place by June 10,2010. 3) Recommendation to endorse and confirm the appointment of Nick Casalanguida to the position of Interim Administrator, Community Development and Environmental Services Division. 4) Recommendation to approve the award ofRFP #09-5318 and agreement between Collier County Bureau of Emergency Services and Calvin, Giordano & Associates Inc. to develop a temporary housing plan for disaster events, using grant funds in the amount of $53,618. 5) Recommendation to approve budget amendments. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Community Redevelopment Agency Board to recognize and correct an administrative error by revoking an incorrect CRA Grant Agreement form and replacing it with a corrected CRA Grant Agreement (2445 A-B Thomasson Drive). 2) Recommendation to approve and execute Commercial Building Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Page 11 January 26, 2010 Bayshore Gateway Triangle Area Community Redevelopment Area (2231 Linwood Avenue, $60,000). H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to obtain Board approval for disbursements for the period of January 2, 2010 through January 8,2010 and for submission into the official records of the board. 2) Recommendation to obtain Board approval for disbursements for the period ofJanuary 9,2010 through January 15,2010 and for submission into the official records of the board. 3) Recommendation to accept and approve capital asset disposition records for time period October 1, 2009 through December 31, 2009. 4) Pursuant to Florida Statute 3l8.18(13)(b) the Clerk of the Circuit Court is required to file the amount of traffic infraction surcharges collected under Florida Statute 3l8.l8(13)(a)(1) with the Board of County Commissioners. K. COUNTY ATTORNEY 1) Recommendation to authorize a Stipulated Final Judgment in the amount of $185,000 for Parcels No. 117, l18A and 130 in the lawsuit styled Collier County, Florida v. Diane P. Haaga, et aI., Case No. 03- 05l8-CA (Immokalee Road Project No. 60018) (Fiscal Impact: $95,900). 2) Recommendation to authorize an Offer of Judgment to Respondent, City Gate Commerce Park Master Property Owners Association, for Parcel No. ll5DE in the amount of $9,600 in the lawsuit styled Collier County v. A L Subs, Inc., et aI., Case No. 09-3691 (Collier Page 12 January 26, 2010 Boulevard Project No. 60001) (Fiscal Impact: $1,600). 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item was oril!:inally scheduled and advertised for the January 26, 2010 BCC Hearinl!: and is further continued to the February 9, 2010 BCC Meetinl!:. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. A Resolution of the Collier County Board of County Commissioners designating 4,793.5 Acres in the Rural Lands Stewardship Area Zoning Overlay District as a Stewardship Sending Area with a designation as Sunniland Family SSA 12 pursuant to the terms set forth in the Escrow Agreement, Stewardship Sending Area Credit Agreement for Sunniland Family SSA 12, and Stewardship Easement Agreement for Sunniland Family SSA 12; approving a Stewardship Sending Area Credit Agreement for Sunniland Family SSA 12; approving a Stewardship Easement Agreement for Sunniland Family SSA 12; approving an Escrow Agreement for Sunniland Family SSA 12; and establishing the number of stewardship credits generated by the designation of said Stewardship Sending Area. B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. SV-PL2009-ll65 Benderson Properties, Inc., represented by Bruce Anderson, Esquire of Roetzel & Andress, LP A, is requesting a variance from Subsection 5.06.04.FA. of the LDC which allows one wall, mansard, canopy or awning sign for each unit in a multi-occupancy parcel to allow two (2) wall, mansard, canopy or awning signs per unit in a multi-occupancy parcel with Page 13 January 26, 2010 one sign facing the abutting road and one sign facing the internal parking area. The subject property is located at 13555 Tamiami Trail North and 895 Wiggins Pass Road at the northwest corner of Tamiami Trail North (US 41 North) and Wiggins Pass Road, in Section 16, Township 48 South, Range 25 East, Collier County, Florida. (CTS) C. Recommendation to approve an amendment to Ordinance No. 2004-58, as amended, known as the Property Maintenance Ordinance, to eliminate the rental registration program and clarifY verbiage relating to inspections of structures pursuant to the Boards December 15,2009 direction. D. Recommendation to amend the Animal Control Ordinance in order to revise the dangerous dog declaration appeals processes, establish regulations relating to feral cats, and add provisions regarding the confinement of dogs. E. This item continued from the January 12, 2009 BCC Meetinl!:. Recommendation to approve an amendment to Ordinance No. 2007-44, as amended, known as the Consolidated Code Enforcement Ordinance. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 14 January 26, 2010 January 26, 2010 CHAIRMAN COYLE: Ladies and gentlemen, the Board of County Commissioner meeting is now session. Leo, you're going to offer the invocation this morning? Thank you. MR. OCHS: Yes, sir. Everyone please rise. Our Heavenly Father, we ask your blessings on these proceedings and all who are gathered here. We ask this, a special blessing, on this Board of County Commissioners, guide them in their deliberations, grant them wisdom and vision to meet the trials of this day and the days to come. Bless us now as we undertake the business of Collier County and its citizens, that our actions will serve the greater good of all citizens and be acceptable in your sight. Commissioners, we ask a special blessing and a prayer to please remember this morning our dear friend and colleague, John Y onkosky, a wonderful gentleman and an outstanding public servant. We shall miss him and, Lord, may you keep him and his family in the palm of your hands during this time of need. These things we pray in your name, amen. CHAIRMAN COYLE: Thank you very much. MR. OCHS: You're welcome, sir. CHAIRMAN COYLE: Would you please join me in the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: And Leo, I think I'm speaking for all the board members when we say that we'd like to add our condolences to those that you just expressed for John Yonkosky. He was a long-time county employee. He was ill for a very long time, and he worked up -- worked here faithfully until almost the very last minute. MR. OCHS : Yes, sir. CHAIRMAN COYLE: We'll miss John. MR. OCHS: Thank you very much. Page 2 January 26, 2010 CHAIRMAN COYLE: Yes. COMMISSIONER HALAS: Commissioner, ifI could add a word. John will leave a great fingerprint on this county. John was one that was instrumental, working with him in District 2, to come up with single-stream recycling. And through John's efforts and through Waste Management, we are now recycling about 73 percent of our household goods, which really saves our landfill for years to come. So John left a great mark here on this county. CHAIRMAN COYLE: Thank you very much. And Leo, do you have any changes to the agenda? Item #2A TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Yes, sir, Mr. Chairman, good morning. Good morning, Commissioners. Board of County Commissioners' meeting, agenda changes, meeting of January 26, 2010. First item is a withdrawal ofItem 5A, is a presentation ofY outh Resource Center by Sheriff -- excuse me -- Sheriff Kevin Rambosk. That was at the sheriffs request. Next item is an add-on to Item 5F. It's a presentation by Rick Heers, program director ofI-HOPE on the economic impact of the recent freeze to the agribusiness of Southwest Florida, and that was added at Commissioner Coletta's request. We have a couple of agenda notes. Item lOB, fiscal impact section of that executive summary should read as follows: This phase of the project is currently funded by a developer contribution agreement in the amount of$8,265,059. Collection of these funds began in fiscal year '09 and continues through fiscal year '12. The Page 3 January 26,2010 budget is available within impact fee District 4, Fund 336, project number 60116, where the DCA funds are being deposited as restricted funds. This change was made at Commissioner Henning's request. Next is Item lOC. This executive summary states that the property is located at the northeast corner and should be revised to read that the property is located at the northwest corner of Tamiami Trail East, that's U.S. 41 and Collier Boulevard, CR951, and consists of two parcels containing a total of 1.476 acres. That change is made at staffs request. Also, with reference to Item 10C, the fiscal impact should read as follows: Funds in the amount of $2,160,442.50 will come from the U.S. 41 Consortium DCA in the amount of$8,265,059 whose funds are being deposited in impact fee District 4, Fund 336, project number 60116. Collection of these funds began in fiscal year '09 and continues through fiscal year '12. Total amount includes the $2,125,000 value of the property, $28,505 for Mar's attorney/engineering/appraisal fees, $6,787.50 for title services/title insurance, approximately $150 in recorded fees. The change was made at Commissioner Henning's request. Item 14A, District 4 completed evaluation form was not included in the printed agenda packet, as indicated, but copies have been distributed yesterday and are available for public examination as well. And then we have three time certains, Mr. Chairman. The first is 7 A, to be heard at one p.m. That's having do with the Vineyards Development variance request. Item 8A is to be heard at two p.m. That's the Naples Bath and Tennis PUD amendment hearing, and Item lOA having to do with funding options for the Marco Island Museum to be heard at 10:45 a.m. That's all the changes I have, sir. CHAIRMAN COYLE: Thank you very much, County Manager. County Attorney? MR. KLATZKOW: No changes, sir. Page 4 January 26,2010 CHAIRMAN COYLE: Okay. The commissioners have any changes -- COMMISSIONER FIALA: I just have one. CHAIRMAN COYLE: -- or ex parte? COMMISSIONER FIALA: Oh, okay. Thank you. CHAIRMAN COYLE: Then we'll start with you. COMMISSIONER FIALA: Just one, and that is regarding the Canvassing Board. I'm the representative for the Canvassing Board. Today actually, I have to leave today. But we don't have a representative for July and August, and we're going to have to discuss that pretty soon, and I was going to ask if you wanted to do that today or would you ask the county manager to put it on a -- on the next agenda so we can discuss it at that time. CHAIRMAN COYLE: We could do that. The only people eligible to do that are people who are not involved in the election this year. MR. OCHS : Yes, sir. CHAIRMAN COYLE: So -- and that would be me. MR.OCHS: Yes. COMMISSIONER FIALA: Well-- and if we cannot find somebody that's going to be in town, we need to advise them so they can start going maybe to the school board or something to find a replacement. So I told them I would mention that at this next meeting. Thank you. CHAIRMAN COYLE: Good. Let's takes it up at the next meeting then. We're going to have a pretty full agenda today. Now, ex parte disclosure for the consent and summary agenda. Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. I have on -- I have nothing on the consent agenda. And on the summary agenda, on Item 17B, the Benderson properties, I had some correspondence and I have that on file here. Page 5 January 26, 2010 CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yes, good morning, Chairman. As far as the consent agenda, I have no disclosures to give. On the summary agenda, on 17B, I've had past conversations and correspondence in regards to this particular issue located up there on Wiggins Pass Road and U.S. 41, but I haven't had anything lately. Thank you. CHAIRMAN COYLE: Thank you very much. And I have no further changes to the agenda, and I have no disclosures for either the consent agenda or the summary agenda. Commissioner Coletta? COMMISSIONER COLETTA: Yes, good morning. No changes to the agenda itself; the consent agenda, no disclosures; summary agenda, Item 17B, meetings, correspondence, and read the staff report. CHAIRMAN COYLE: Very well. And Commissioner Henning? COMMISSIONER HENNING: Good morning. I have no -- no further changes to today's agenda. The only ex parte communication I have is on 17B, correspondence and emails. CHAIRMAN COYLE: Okay. Thank you very much. Is there a motion to approve? COMMISSIONER HALAS: Motion to approve today's agenda and summary agenda and consent agenda as is. CHAIRMAN COYLE: As amended. COMMISSIONER HALAS: As amended. Okay. Motion by Commissioner Halas to approve our agenda with amendments. COMMISSIONER HENNING: Second. CHAIRMAN COYLE: And seconded by Commissioner Henning. Any further discussion? Page 6 January 26, 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.) COMMISSIONER FIALA: I'd just like to make a friendly little comment about that now that we've approved it. I think it's delightful that we approved 16B4, which was lighting for Everglades City, and that the state will pay us back for. I remember when I asked for that same thing for the East Trail, and we -- and the state was pretty flush then, and I was refused because people were afraid to bring it -- that the state wouldn't pay us. I just wanted to put that little barb in there, if you don't mind. COMMISSIONER COLETTA: I feel it, Commissioner Fiala. CHAIRMAN COYLE: Are you telling me that Commissioner Coletta's district got something that the other districts could not get? COMMISSIONER FIALA: I'm just saying that you all refused me. CHAIRMAN COYLE: That's a first, that's a first. COMMISSIONER FIALA: It was a 4-1 vote before. COMMISSIONER COLETTA: That must have been an oversight on somebody's part. CHAIRMAN COYLE: Yeah, I'm sure it was. MR. OCHS: Commissioner, I'll see if I can keep these cats moving forward. CHAIRMAN COYLE: Yes, okay. It's -- herding them is very difficult. I'll need all the help I can get. Page 7 Agenda Changes Board of County Commissioners Meeting January 26, 2010 Withdraw Item SA: Presentation on the Youth Resource Center by Sheriff Kevin Rambosk. (Sheriff Rambosk's request) Add-On Item SF: Presentation by Rick Heers, Program Director of I HOPE, on the Economic Impact of the recent freeze to the Agribusiness of Southwest Florida. (Commissioner Coletta's request) Note: Item lOB FiscallmDact should read: This phase of the project is currently funded by a Developer Contribution Agreement (DCA) in the amount of $8,265,059. Collection of these funds began in FY09 and continues through FY12. Budget is available within Impact Fee District 4 (Fund 336) Project #60116 where the DCA funds are being deposited as restricted funds. (Commissioner Henning's request) Item 10C: Executive Summary states the property is located at the northeast corner, and should be revised to read that the property is located at the northwest corner of Tamiami Trail East (US-41) and Collier Boulevard (CR-951) and consists of two parcels containing a total of 1.476 acres. (Staffs request) Also, Item 10C Fiscal Impact should read: Funds in the amount of $2,160,442.50 will come from the U541 Consortium DCA in the amount of $8,265,059 whose funds are being deposited in Impact Fee District 4 (Fund 336) Project #60116. Collection of these funds began in FY09 and continues through FY12. (Total amount includes the $2,125,000.00 value of the property, $28,505.00 for Mar's attorney/engineering/appraisal fees, $6,787.50 for title services/title insurance, approximately $150.00 in recording fees.) (Commissioner Henning's request) Item 14A: District 4 completed evaluation form was not included in the printed agenda packet. Copies have been distributed. Time Certain Items: Item 7A to be heard at 1:00 D.m. Item 8A to be heard at 2:00 o.m. Item lOA to be heard at 10:45 a.m. 1/26/20108:40 AM January 26,2010 MR. OCHS: You're already getting outside the box here. Item #3A EMPLOYEE SERVICE AWARDS - 20 YEAR ATTENDEES - RECOGNIZED MR. OCHS: That takes us to Item 3, which is employee service awards. The first award is for your 20-year attendees. The first recipient is Karen Kocses from your library department. MS. FILSON: And Commissioner-- (Applause.) CHAIRMAN COYLE: Twenty years. MS. KOCSES: Thank you, thanks. CHAIRMAN COYLE: Get a picture. COMMISSIONER COLETTA: Get your picture taken. COMMISSIONER FIALA: Thank you. (Applause.) MR. OCHS: Commissioners, your next 20-year awardee is Margaret Wright from your building review and permitting department. Margaret? (Applause.) CHAIRMAN COYLE: Good morning, Margaret. Congratulations. MS. WRIGHT: Thank you very much. CHAIRMAN COYLE: Turn around and get a picture. COMMISSIONER FIALA: Margaret, thank you for all your work. MS. WRIGHT: I enjoyed it. COMMISSIONER HALAS: Thank you so much. MS. WRIGHT: I'll continue. COMMISSIONER COLETTA: Appreciate your service. Page 8 January 26, 2010 (Applause.) MR.OCHS: Commissioners, that takes us to 25-year awardees. Item #3B EMPLOYEE SERVICE A WARDS - 25 YEAR ATTENDEES - RECOGNIZED MR. OCHS: Your first 25-year recipient is Jean Jourdan from Bayshore/Gateway CRA. (Applause.) COMMISSIONER FIALA: First you have a birthday, then 25 years. That's wonderful. MS. JOURDAN: Thank you. (Applause.) MR.OCHS: Commissioners, your next 25-five year awardee is for Jeanine McPherson, parks and recreation. (Applause.) MS. McPHERSON: Thank you. COMMISSIONER COLETTA: Next 25 years will be easier. COMMISSIONER FIALA: Part of our accredited team from parks and recreation, I might like to add that were superior and they noted it in the reports. MS. McPHERSON: That's right. (Applause.) CHAIRMAN COYLE: Thank you very much. MR. OCHS: Our next 25-year awardee is Carol Travis from your library department. (Applause.) CHAIRMAN COYLE: Good morning. How are you? Congratulations. MS. TRAVIS: Thank you. Page 9 January 26, 2010 COMMISSIONER COLETTA: Thank you for your service. MS. TRAVIS: Thank you. COMMISSIONER HALAS: Hi, Carol. Congratulations. COMMISSIONER FIALA: You must have started when you were 25. MS. TRAVIS: I was a baby. (Applause.) MR.OCHS: Our final 25-year awardee is Richard Winans from road maintenance. Richard? (Applause.) CHAIRMAN COYLE: Good morning, Richard. Congratulations. COMMISSIONER COLETTA: Thank you for the wonderful work. COMMISSIONER HENNING: Thanks for your service. COMMISSIONER HALAS: Keep up the great work. The roads are wonderful. COMMISSIONER FIALA: You guys are so responsive. COMMISSIONER COLETTA: You got it upside down. Just kidding you. (Applause.) MR.OCHS: Commissioners, that takes you to presentations, Item 5 on your agenda. First item, 5A, was withdrawn. Item #5B PRESENTATION OF THE PHOENIX AWARD TO RECOGNIZE THOSE EMS PARAMEDICS, EMTS, FIREFIGHTERS AND SHERIFF'S DEPUTIES, WHO THROUGH THEIR SKILLS AND KNOWLEDGE, HA VE SUCCESSFULLY BROUGHT BACK TO LIFE INDIVIDUALS WHO HAD DIED - PRESENTED Page 10 January 26, 2010 MR.OCHS: Takes you to 5B, which is presentation of the Phoenix Award, to recognize those EMS paramedics, EMTs, firefighters and sheriffs deputies who, through their skills and knowledge, have successfully brought back to life individuals who had died, and Captain Les Williams from your EMS department will make the presentation, sir. CHAIRMAN COYLE: Okay, thank you. MR. WILLIAMS: Commissioners, I'm proud to introduce this year's, or this quarter's, recipients of the Phoenix Awards. If everyone would hold their applause until everybody's up front, it would be greatly appreciated. From Collier County Sheriffs Office, we have six deputies, but today we have Deputy James Spartz and Sergeant Ryan Allen. From East Naples Fire Department we have some -- numerous attendees, but couldn't make it today. So representing them will be Greg Spears from East Naples Fire Department. From North Naples Fire Department, in attendance, we have Paramedic/Firefighter John Adams and EMT/Firefighter Kevin Bee. From Golden Gate Fire Department, we have EMT/Firefighter Jose Garcia; Lieutenant/Firefighter Tom Easley; LieutenantlEMT Scott Wilson; EMT/Firefighter Ruddy Forte; receiving two awards from Golden Gate is EMT/Firefighter David Cranor; Firefighter Ben Krick; and Firefighter Chris Rossi. From City of Naples today we have EMT/Firefighter Cory Adamski and Firefighter/Paramedic Christian Bice. From Collier County EMS we have Lieutenant Tony Camps; Lieutenant Eric Havens; receiving his fifth award today, Lieutenant Bruno Lovo; Paramedic Pedro Canas; Paramedic Adiel Pineiro; Paramedic Grady Harrison; Paramedic Ashley Millot; Paramedic Mark May; Paramedic Jose Martinez; and also receiving his fifth award, Paramedic Richard McGee. The citizens of and visitors of Collier County have truly received Page 11 January 26, 2010 world-class patient care due to the dedication, desire, and determination of local law enforcement, fire department, and EMS personnel. Commissioners, county personnel, and visitors of to day's meeting, I am honored to present today's heros. (Applause.) MR. WILLIAMS: Oh, excuse me. Thank you Lieutenant Lovo. I skipped one group, people. I forgot our dear friends in Marco Island Fire Department. Thank you. I have EMT/Firefighter Ken Stenback, Firefighter/EMT Leo Rodriguez, Captain Paul Milikin -- McMillan, excuse me, Paramedic/Firefighter Heath Nagel, Paramedic/Firefighter Dustin Beatty, and officers from Marco Island Police Department, Officer James Hassig and Officer Frank Stigler -- Stilger. Excuse me. CHAIRMAN COYLE: Ladies and gentlemen, let's have one more round of applause for these wonderful people. (Applause.) MR. WILLIAMS: You-all are going to have to go -- get closer. COMMISSIONER FIALA: Mr. Chairman, before they finish taking pictures, could some of the children of these heros of ours come up and stand by their dads and moms -- if there are any moms up here -- so that we can get another picture with their children? I'm sure they're here very proud of their fathers. CHAIRMAN COYLE: That would be wonderful. MR. WILLIAMS: Thank you all very much. (Applause.) Item #5C RECOMMENDA nON TO RECOGNIZE DENISE MCMAHON, SENIOR LIBRARY SUPERVISOR, AS THE SUPERVISOR OF THE YEAR FOR 2009 - PRESENTED Page 12 January 26, 2010 MR. OCHS: Commissioners, that takes you to 5C, which is a recommendation to recognize Denise McMahon, senior library supervisor, as the Supervisor of the Year for 2009. Denise, you will please come forward? (Applause.) MR.OCHS: Commissioners, I'd like to tell you a little bit about Denise while she's receiving her award. Denise McMahon, our senior library supervisor, has been selected as Supervisor ofthe Year for 2009. Denise started her career as a library clerk in 1988. Throughout her time with the library system, she has worked her way up to become a senior library supervisor holding many different titles along the way. Over the past eight years, she has overseen the opening of two new regional libraries, she has managed Marco Island branch, the headquarters branch, and is currently in charge at the new south regional library. During this time she's not only managed the staff and buildings, but has provided children's programs, adult programs, and pitched in to do whatever's needed to make sure that the library continues to provide services that exceed customer expectations. Denise has taken on added responsibilities of managing the East Naples branch and continues to provide coaching and guidance to the new managers of the Naples regional and Vanderbilt libraries. Denise leads by example and is proactive and professional in her approach. She is a leader in the library system who has earned the respect of her colleagues through her hard work, integrity, and performance. Denise is truly deserving of the title, Supervisor of the Year. Commissioners, it's my great pleasure again to recognize Denise McMahon, senior library supervisor, as the Supervisor of the Year for 2009. Congratulations. (Applause.) CHAIRMAN COYLE: Denise, Denise, don't leave yet. I have Page 13 January 26, 2010 something else here. A token of our appreciation and a parking authorization to use parking number lot -- or parking space number five in the County Commission parking lot. You can use it for 30 days. COMMISSIONER HALAS: It also has lighting in it, too. COMMISSIONER FIALA: Oh, it's a good thing. CHAIRMAN COYLE: That's Commissioner Coletta's parking space, by the way. MR. OCHS: Thank you. MS. McMAHON: Thank you. (Applause.) Item #5D PRESENTATION OF COLLIER COUNTY "BUSINESS OF THE MONTH" A WARD TO INGAGE NETWORKS FOR JANUARY 2010 - PRESENTED MR. OCHS: Commissioners, that takes us to 5D, which is a new item that will become a monthly tradition, hopefully, with this board, and that is a presentation to recognize outstanding businesses in our community. We're pleased this morning, Commissioners, to have a presentation for the Collier County Business of the Month Award to INgage Networks for January, 2010. And I would like to introduce Christine Denecore (phonetic) from INgage Networks. She's the director of Global Alliances, and she's been good enough to come here this morning and tell us a little bit about all the work that their company is involved in here in Collier County . Denise, good morning. MS. DENECORE: Thank you very much. INgage Networks has been around for ten years in this vibrant Page 14 January 26, 2010 community, and we initially started as Neighborhood America. We have 100 employees based in our headquarters on Vanderbilt Beach Road. We've actually expanded to have offices all over the United States, and we also are changing our name. We just went through a Ray Brand (sic) to capitalize on the opportunity that we have to grow beyond just Collier County, but also to other markets overseas. So what I'm going to do today is to present a DVD that explains what we do as a business. Our core business is providing enterprise social media solutions on our platform, and we had our roots in public comment. So here we go. (The DVD was played to the audience.) MS. DENECORE: Thank you very much. (Applause.) CHAIRMAN COYLE: Commissioner Halas wants to make a comment. COMMISSIONER HALAS: I just want to say that Kim Kobza is my neighbor, and I'm very proud that he is. And this just goes to show this -- excuse me -- someone with an idea found a niche in the marketplace. And I think this is what it's all about, where we try to compete with other groups or organizations, it's very difficult. But if someone like Kim, who is very innovative and came up with a niche in the marketplace and has taken this company where him and his associate have built this into a company that's not only nationwide but, from this presentation, it looks like it's worldwide, and we really need to give accolades to these two wonderful men who came up with this wonderful idea and are helping everyone in the world. So thank you so much for being part of Naples, and I'm so glad that Kim, who put his roots here from Michigan originally, decided to come up with this concept and keep the corporation here. And I really think this is very beneficial where he found that little niche and made something out of a dream. CHAIRMAN COYLE: Thank you. Page 15 January 26, 2010 Who was next, Commissioner Fiala? COMMISSIONER FIALA: Yes. And I used to work with him on a few committees here and there. He probably told you that, right? And at the time he was an attorney, and -- I mean, so an attorney who you'd think would always be into lawyering had this brilliant idea. So he wrote that book, Neighborhood America, remember, and he was giving us all a copy of the book and signing it and everything. And, you know, we thought he had these wild dreams, and we wished him luck, but who would ever be successful? And here he went on. I mean, it was just marvelous to see this guy, who had really one training and background, become something else and make it truly successful worldwide. CHAIRMAN COYLE: Thank you. Commissioner Henning? COMMISSIONER HENNING: Who's idea was it to put on the agenda a business feature? MR.OCHS: Commissioner, we had a -- the staff and the EDC staff met to prepare for your recent workshop, and kind of concurrently we were both kind of brainstorming ideas to figure out how we could brace a profile of developing businesses, good-news stories in the community, and we both kind of said, it would be nice if we could get, monthly, an opportunity for the board to recognize and feature some of the businesses that are right here in Collier County doing great things for the economy. So it's kind of a joint idea -- COMMISSIONER HENNING: Well, thank you. MR. OCHS: -- between staff and the EDC and -- CHAIRMAN COYLE: Could I give you the rest of the story? MR. OCHS: Yes, sir. CHAIRMAN COYLE: I discussed it with EDC months ago. COMMISSIONER HENNING: Well, thank you. CHAIRMAN COYLE: And sometimes those things get lost in translation, yes. Page 16 January 26,2010 MR. OCHS: There you go. CHAIRMAN COYLE: I had decided that when I became chair I would do this, so that's how it really came about. COMMISSIONER HENNING: Good, thanks. COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: Thank you. MR.OCHS: Christine, if you'd step forward, I know the commissioners would like to make a presentation. CHAIRMAN COYLE: Yes. And by the way, I have some recommendation for the next couple. MR.OCHS: Good. COMMISSIONER HENNING: Is the next suggestion going to be in the City of Naples? CHAIRMAN COYLE: No, no. It will be in Collier County. All ofthem are going to be in Collier County. MR. MULHERE: What a pleasure. (Applause.) Item #5E RECOMMENDATION TO RECOGNIZE STAFF OF HOUSING AND HUMAN SERVICES AND THE STAFF AND BOARD OF DIRECTORS OF IMMOKALEE HOUSING AND F AMIL Y SERVICES FOR BEING SELECTED AS A WINNER OF THE 2010 AUDREY NELSON COMMUNITY DEVELOPMENT ACHIEVEMENT AWARD, FOR ITS CARL 1. KUEHNER COMMUNITY CENTER PROJECT. THIS A WARD REPRESENTS THE CULMINATION OF A NATIONAL COMPETITION TO IDENTIFY AND RECOGNIZE EXEMPLARY USES OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS WHICH BEST ADDRESS THE NEEDS OF LOW-INCOME FAMILIES AND NEIGHBORHOODS. TO BE Page 17 January 26,2010 ACCEPTED BY MARCY KRUMBINE, HOUSING AND HUMAN SERVICES DIRECTOR AND SHERYL SOUKUP, EXECUTIVE DIRECTOR OF IMMOKALEE HOUSING - PRESENTED MR. OCHS: Commissioners, that takes us to 5E, which is a recommendation to recognize staff of housing and human services and the staff of the board of directors of Immokalee Housing and Family Services for being selected as a winner of the 2010 Audrey Nelson Community Development Achievement Award for its Carl 1. Kuehner Community Center project. This award represents the culmination of a national competition to identify and recognize exemplary uses of community development block grant funds which best address the needs of low-income families in neighborhoods, and this recognition will be accepted by Marcy Krumbine, housing and human services director, and Sheryl Soukup, executive director of Immokalee Housing. Please come forward. (Applause.) CHAIRMAN COYLE: Who's going to take this? MS. KRUMBINE: We've got some other board members to come up. CHAIRMAN COYLE: Okay. While we're waiting for the others, I think it's appropriate that we recognize Carl Kuehner also for his substantial contributions to these efforts. He is a neighbor of mine, by the way, and he does wonderful work in Immokalee for Commissioner Coletta. He devotes a lot of time helping the people in Commissioner Coletta's district, which I think is wonderful. COMMISSIONER HENNING: And he's not forced to, by the way. CHAIRMAN COYLE: No, he's not. COMMISSIONER COLETTA: Maybe he could take you along. (Applause.) Page 18 January 26, 2010 CHAIRMAN COYLE: Denise, Denise, or -- I'm sorry, Marcy. That should go along with the plaque. MS. KRUMBINE: Commissioners, for the record, Marcy Krumbine, director of housing and human service. Oftentimes we are asked or questioned, and that's the nice word -- probably the not-nice work is castigated -- for asking what we do for our community, what we do for our low-income citizens, and what we do to help nonprofits. And I am proud to say that with your direction this is a project that we have used state and federal funds to leverage to help the citizens of Collier County and to work with one of our local nonprofits to create this project. I would like to recognize the women who have made this possible, and that was -- on my staff I want to give kudos to Sandra Marrero and Lisa Oien, who are our grant staff who saw the project through, and right next to me, Sheryl Soukup, the executive director of the organization, whose tenacity and vision made sure that this project came to fruition. She has a few pictures that she'd like to share with you so you could see it for yourself. MS. SOUKUP: Hi, I'm Sheryl Soukup, the executive director of Immokalee Housing and Family Services. And I first just want to say thank you to all of our commissioners, but especially Commissioner Coletta. We really appreciate all the support. We could have never done this without your approval of funding. It started out as a project that was funded through CDBG funds, and then when we got started, we found that the need was greater than we thought. We needed to increase the square footage of the building beyond what we originally intended. And so Marcy was very innovative and thoughtful about how we might be able to bring the project to completion, and she was able to help us get disaster recovery initiative funds to be able to complete the project. Page 19 January 26, 2010 Naples Children Education Foundation also made a sizable donation, and a number of other community organizations provided donations and grants in order to allow us to equip the building and put furniture and learning materials in there for the children and adults that now use the building today. So I think one of the beauties about this project was that the county provided some funding, and we leveraged that funding to get input from other community resources. So I think the public/private partnership that we were able to bring together was really very amazing, and there's been a lot of the community buy-in to this project, both with the residents that we serve, but also many volunteers from the community. Hundreds of volunteers from Collier County have come to help in this building. I do want to show you a few pictures, and this is the -- this is the Carl J. Kuehner Community Center. This is what it looks like today. Our mission as an organization is to provide decent, safe, and affordable rental housing for -- with supportive social and educational services for farmworkers and other low-income families. We have two affordable housing developments in Immokalee, which are Sanders Pines and then Timber Ridge, and they're both in the Eden community. The Carl 1. Kuehner Community Center is located at Timber Ridge. Our residents are all low income. A hundred percent of our units are set aside for residents who are 50 percent of the area median income; 80 percent of our units are set aside for farmworkers. Most of our residents are immigrants. In order to rent a unit, you do need to have a picture ID as well as a social security card. We have approximately, at the moment, 80 percent Hispanic families and 20 percent Haitian families. Our typical population at anyone time is approximately 330 residents, and about 160 of those are children. We had many problems with the old Edenfield Home that existed Page 20 January 26, 2010 on the property. When we bought the Timber Ridge land, problems with the facility were many, but included poor lighting, overcrowding, a damaged roof, inadequate bathroom facilities, glass windows that were frequently broken by vandals. We had a lot of security issues. It was not ADA compliant. We had children that were using the old building with -- that used wheelchairs, and it was very difficult to get them in and out of the rooms and the building itself. We had outdated electrical equipment and HV AC systems which created some concerns about safety. And the residential design was inconsistent with commercial use, yet the children and parents had no place else to go to receive the services that they so desperately needed. Things like childcare, things like early learning services, adult literacy programming. They had a lot of transportation and childcare barriers, so by providing these services in their neighborhood where they lived, they were able to come within walking distance and receive the services. And we provided childcare while adults were receiving services in the building. We had many different funding partners, most notably the Collier County Housing and Human Services, but also the funds originally came from the U.S. Department of Housing and Urban Development, HUD, and the Florida Department of Community Affairs, which administered the DRI funds. Naples Children Education Foundation was a major funding partner, but we also received funding from the Community Foundation of Collier County, The League Club, and Trinity by the Cove Episcopal Church. So the rest of this is really some pictures to tell you the before and after. This is the day that we opened the building. And if you could have seen the faces on the children, they were just so excited to be able to have this wonderful place to come every day, instead of going into the dark, dank, falling-apart building that they used to go Page 21 January 26, 2010 to. If you can see there, there's a picture of Carl Kuehner. He really was the inspiration for this building and for Timber Ridge to be developed as a whole. Unfortunately, he is traveling today and wasn't able to be here with us, but I'm sure he would have loved to be able to see this day. Here's some before-and-after pictures. On the left-hand side you can see our early learning program, and you can see that there are, you know, old wood panel walls, there are electrical wires hanging from the walls and the ceiling, and on the right-hand side you have a well-lit appropriate, safe -- safe place for the children to be learning. On the left-hand side of the next slide you can see the before picture. That was our old computer room. On the right-hand side you can see our lovely new computer room. On the left-hand side can see you the kind of conditions. Children on the left-hand side are working in a very dark, dim classroom because there was poor lighting. We had an overcrowding issue. It was very difficult to fit all of the children in the classrooms. Now on the right-hand side you can see a beautiful, bright new classroom that is engaging and colorful and ready for children to learn. On the left-hand side of the next slide you can see the old playground, which is, you know, really very sparse and very old equipment. On the right-hand side you see a beautiful new playground that's used every day by the children in Immokalee. And here's our final slide. We have a before picture of what the old Edenfield House looked like. It was a beautiful home in its day, but by 2008, it really was a very decrepit, falling-down building that wasn't appropriate as a community center. But now on the right, you can see, with your help, we've been able to build this beautiful new building. So thank you very much. CHAIRMAN COYLE: Thank you. Page 22 January 26, 2010 (Applause.) COMMISSIONER FIALA: Could I ask a question? CHAIRMAN COYLE: Commissioner Fiala wants to ask a question, please. COMMISSIONER FIALA: Just a fast question. Is this the same home that was built for seniors at one point in time, or is that another one? No, that isn't the same one? Okay, thank you. Item #5F PRESENTATION BY RICK HEERS, PROGRAM DIRECTOR OF I HOPE, ON THE ECONOMIC IMP ACT OF THE RECENT FREEZE TO THE AGRIBUSINESS OF SOUTHWEST FLORIDA - PRESENTED MR.OCHS: Commissioners, that takes us to your add-on item, which is 5F under presentations. It's a presentation by Rick Heers of I-HOPE on the economic impact of the recent freeze to the agribusiness of Southwest Florida. MR. HEERS: Thank you, Commissioners, for allowing us to come and share a little bit with you, and I would like to defer the beginning of the presentation to Robert Halman, one of our board members for I-HOPE, who is also the county extension director for the University Extension Program. MR. HALMAN: Good morning, Commissioners. Robert Halman, county extension director with the University of Florida Collier County Extension Office. I wanted to -- you have a -- in your packet a -- an extensive packet information that will -- you probably will have questions about that has a lot of figures with it, but this presentation is just to give you an overview of some of the damages to the crops, and what Rick will do is talk about the information from his various groups about the Page 23 January 26,2010 human situation over in Immokalee. The first thing is our major crops that were damaged. We have -- tomatoes were decimated. We have somewhere around 22,000 acres of tomatoes; 7,000 acres of peppers; green beans, we had somewhere around 13 acres of green beans; 1,200 of eggplant; corn, we don't have a whole lot of corn here in Collier County, but there was -- but we are also doing a five-county area, so we're looking at about 4,000 acres of corn; and 2,500 acres of cucumbers; and about 2,200 acres of squash that were destroyed. In fact, the picture that's on the screen there shows the squash over in Immokalee. And as you can see, that most of the squash is decimated. Sugarcane, although we don't have any in Collier County -- again, we're talking about a five-county area here -- all was frozen. And really, you can't tell how much will be damaged until it's mealed. So we're looking at that later on in the season. Citrus, we may have gotten away with some minor damage on citrus. A lot of the citrus was frozen, but the trees themselves were not damaged as much. The only thing that you have to look at here is that -- is the fact that damage can be done to the citrus, but you won't see it until next year or the following year. This is just what happens with the hurricane damage that we had also. So we sustained below-30-degree temperatures for over ten days, and that was what really happened to our major crops. These were cash crops. And it's kind of led to a domino effect on our -- not only farm community, but also the businesses that serve that community. Some of the additional smaller crop losses we had were the grape tomatoes, basil, jalapeno peppers, some nursery crops. Unfortunately, we don't have concrete figures on the number of acres here simply because some of these are from small, part-time people. These are specialty crops, a lot of them, and we have some with organic farms which don't really tell us about how many acres they have. Also, they use a different type of production system where they rotate the crops Page 24 January 26,2010 so the crops are not in the ground for very long, and then they move on to a different crop or something like that. But these are specialty and fruit crops. Unfortunately we do not have numbers on -- of acres on these, but they were also decimated. The photo that you see there is of a nursery that -- over in Golden Gate. And one item that this guy told me when I took this picture was that, necessarily, his crop was not destroyed, but it is of such damage that he can't sell it right now. It didn't -- the plants are not dead, but they cannot be sold right now, so he has to hold that crop there with -- on his property for a while. So he's losing money every day on this crop because of the weather. Some of the financial losses that we had -- again, this is centering around Hendry and Collier Counties, but it does include a five-county area. When we look at the crop production losses, we're looking at 150 million for the seven major crops I just mentioned, 50 million for the minor crops -- we are just estimating there -- and $30 million lost in salaries to the people that actually harvest the crops. These amounts represent farm production costs. In addition to picking and harvesting costs that farmworkers have lost, we are estimating it at about $30 million. As a result there is very little fieldwork in vegetables, and all of the Immokalee packinghouses are closed and not likely to open for another four to six weeks. So when we look at the other industry that we have here in the county, I added the marine industry because of our location to the Gulf and with the miles of waterways that we have here, plus the effect that the marine industry has on our economy, we need to address the effect that this frost had on the marine industry also. We knew that the snook season was closed until at least September. It's really supposed to open in March. Bonefish and tarpon seasons were also closed. This has a long-term effect on the stocks for some times to come, and snook in particular. It's a huge Page 25 January 26,2010 business here, snook. On top of this, there has already been extended closures for grouper, and this grouper closing is also going to cause a -- an effect on our charter captains and the local economy also. So this frost did some very, very bad damage to our economy and it continues to do that. Some of the farmer losses, remembering that farmers tend to borrow a lot of money at the beginning of the season so that they can plant their crops. Of course, this is a gamble for them, and they know this. They need money for chemicals, seed, and fertilizers and plastic and things of that nature. Also they have to pay their workers. So many of their crops were unable to be harvested. In one case where we looked at the squash, this guy had indicated that he had harvested twice, but now his crop is destroyed, so he -- that's the end of this harvest for this year, so he will either have to replant or start over again. Some of the small and medium farmers have shut down as well, so we don't -- again, we don't have figures on those. This is just anecdotal information that we have. So we'll have to assess that as time allows us to do. Again, we have supplied you with information from the University of Florida IF AS center out in Immokalee. And there are a lot of numbers here, and if you would like to discuss those numbers, we can do that at a later time or whenever you're ready. I will turn it over to Rick to talk about our community losses. CHAIRMAN COYLE: Thank you. MR. HEERS: Thank you. We are genuinely feeling the ripple effect already in the Immokalee area because our community is already struggling due to the fact that our workers are not working. You go out there in the mornings and where the people used to be boarding buses to go out to the fields, they're now -- all day long they're literally, many of them, just milling on the streets because Page 26 January 26,2010 there's no work for them to do, and it's impacting our local businesses, of course, out in Immokalee, everything from the restaurants to the farm stores. We used to see -- have trucks coming all the time through Immokalee. And I know some of we locals who live out there probably complained about them at times because of the added traffic, but really you can see the difference when you walk or drive through the community, that there is not the trucking industry going on; and that's going to have a ripple effect, not just on Immokalee, but on many other economies as well. We are also seeing already in -- a large number of people who are standing in line to get food at different -- like the Guadalupe Social Services or the Soup Kitchen. We have been in touch with the Salvation Army. They are getting additional demands for support for rent and additional food services. COFO (phonetic) and IMCCAA, who also distribute funds for rental assistance and utilities assistance, many of the offices have signs on their doors now saying, no more money available. So the greatest need that we have right now in addition to having some -- being able to provide food for the people is to get some sort of subsidies to help the people with their rent and also with their utilities. I have a wonderful letter expressing that from Martin Navarro, who's president ofthe Florida Migrant Parent Advisory Council centered in Immokalee. I won't read the letter in detail, but he has expressed a grave concern about many families that they have connection with through the school system that are having a great struggle already. Of course we've also got our local farmers who are unable to pay their bills where they purchased on credit fertilizer and other supplies and equipment, and so it's having an impact on them as well. Fortunately, the citrus industry is able to continue on, as has already been mentioned, but all of those involved in the vegetables are Page 27 January 26,2010 totally out of work. The packinghouses, which are usually humming at this time of year, are totally closed down and shut. So we have been told that Guadalupe Services does have currently food available through the Harry Chapin Food Bank, but we've already been in touch with a number of other providers, World Vision Compassion Alliance, who are -- who are going to be shipping more food -- nonperishable food items down for us to be able to distribute, and we are attempting to see if there is some way for us to gain resources so that these subsidies can be made to help the families that are having a struggle. I know that Sheryl sent me an em ail saying that a number of her families at their housing provision are already needing assistance because many of her families exist on working in the fields. As you know, on January 15th Governor Crist did declare that all Florida be declared an agricultural disaster area, and it's even more important now with the flooding that they recently had up in the Panhandle, which has also decimated them. But our own community is in a similar position as it was after Wilma and also after the freeze of 1989. And the people at that point at least went down to Homestead, but even down in Homestead they've had the same problem. So, quite frankly, our workers have noplace to go, and we're hoping that there will be a possibility of some low-interest loans and potential grants. But unfortunately, as you know, working through the state and federal government, that's going to take months, maybe up to a year to even see that money come down. So we're just letting you know what the situation is out there, and any recommendations that -- as to how we can approach other organizations, other government agencies for assistance would be greatly appreciated. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Coletta? Page 28 January 26, 2010 COMMISSIONER COLETTA: Yes, thank you. Thank you very much for being here Mr. Heers and making this report. I think it's not only important for this commission to know what's taking place through the rural parts of Collier County and other parts of Florida, but it's also very important that the public is made aware of this because it's going to be the private sector and the public sector that's going to be able to respond in the shortest possible time. But I think that we as a commission, we could maybe be helpful in reaching out to our congressional leaders to be able to see what can be done. I know that there's emergency issuing of food stamps that can take place. Possibly we could even offer the facility here to have a forum of all the different nonprofits to be able to come together, as they have done in the past to be able to get over these particular problems. You're right, it takes forever for a government agency such as the state or the federal to be able to respond. It's just the nature of the beast. But meanwhile, we can encourage every citizen out there and every nonprofit to do whatever they can do. I had the privilege of going with Congressman Mario Diaz-Balart and Congressman Putnam last Monday to view the agricultural areas and see what's happening. It was absolutely mind boggling to see thousands of acres, just as far as the eye could see, of brown foliage. Most of the crop was decimated. The weird part of it is is that now everybody's in a rush to replant and to get what's in, and they're trying to save the plants that have been stunted. Normally they plant to have everything come in in stages over a period of a long period of time so they don't flood the market with untold amounts of tomatoes or peppers at one time. Now everybody's in a rush to get everything out there. So in about six to eight weeks, you're going to see a flood of produce where you'll be able to go to Immokalee and probably pick up tomatoes again for $5 a box, and the box costs $3. This is a no-win situation, not Page 29 January 26, 2010 only for the growers, but for the workers out there. I -- the loss is tremendous. You know, I -- as a commissioner, I'd like to be able to help any way I could, and I'm sure that my fellow commissioners wouldn't have any apprehensions to allow this facility or other facilities out in the -- possibly the ago center, to be able to be used for a meeting place to be able to bring together all the interested parties out there that may be able to assist in this situation. And we might be able to get to some point that we can meet a good part of the needs. MR. HEERS: Yesterday we were contacted by the Immokalee Initiative of the Community Foundation of Collier County, and they've already gotten an indication as to other funds that they may be able to -- it's not a huge amount, but will be at least a dent that we can provide some additional funding. And what we're -- we're not going to start up any new organization to distribute funds. We're going to use the ones that are already existing because they have a good system set up. But we're in hopes that others will see this. We've sent out letters literally nationwide, plea -- because we were a hurricane -- I-HOPE was a hurricane disaster recovery program, many of our funders were basically focused on that sort of help, hurricane disaster. But we have communicated with them and are waiting for responses that there are other disasters besides hurricanes where people genuinely do need -- are desperate for help. COMMISSIONER COLETTA: And you're also in competition -- and I hate to say -- use the word -- MR. HEERS: Yes. COMMISSIONER COLETTA: -- competition, but we -- the disaster that took place in Haiti has got front-page news, and what's happening here now is kind of in the background, and we need to be able to bring this forward so that we can respond in like fashion. MR. HEERS : We had the same challenge when Wilma came Page 30 January 26, 2010 through. We were after Rita, and that was after Katrina, and the focus there needed to be where it was, but it made it harder, but we've persevered, and I'm convinced that with everyone working together, we're going to find resources to be able to help our community. COMMISSIONER COLETTA: Please count on me as a resource. Thank you. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Just as a suggestion. MR. HEERS : Yes, sir. COMMISSIONER HALAS: Whether it would work or not -- maybe you ought to talk with the organizers of the upcoming Wine Festival, and maybe they can give you some assistance in this area. MR. HEERS: That's a good thought, sir. COMMISSIONER FIALA: Good suggestion. CHAIRMAN COYLE: And Commissioner Fiala? COMMISSIONER FIALA: Yes. I was just wondering, after our long freeze here, which destroyed so many crops, then they had the earthquake in Haiti, and now I see that the halls are lined, not only here but over in the other congressman's office as well, with people wanting to bring all their families here who then don't have a job anyway, much less a place to live, and they're all going to be needing healthcare, what are we going to do, with two disasters and people -- both groups out of work? I'm really concerned about that. MR. HEERS: I think that it's going to seriously limit any opportunity for people to come. For instance, a lot of our fam- -- we have a large Haitian population in Immokalee, and it's going to limit the opportunity for people to come who, under normal circumstances, could come alongside present residents in our community that are from the Haitian community. CHAIRMAN COYLE: Rick, there's an organization in Collier County called Harvest Collier, and they collect food from grocery stores like Publix that are nearing their expiration dates for sale. And Page 31 January 26, 2010 the grocery stores donate this food. And just last night Commissioner Fiala and I were at the East Naples Civic Association annual banquet, and the man who founded this, Bert Paradis, who by the way is a resident of Naples also, has -- volunteers, and if you contact them, they can get food to Immokalee. They don't hand it out themselves. They work through intermediaries like the Guadalupe Center. So the first things people generally need are food and shelter and then medical care. That's a good way of addressing the food problem, because we're talking about huge amounts of food. And so you might want to check them out, see if they're already bringing food out there, and then find out where it's being distributed from, and that would begin to immediately impact the need for aid for many of the people in Immokalee. MR. HEERS: Thank you. I will certainly follow up on that. It's a good suggestion. I appreciate that. CHAIRMAN COYLE: It's listed in the telephone directory as either Harvest Collier or Collier Harvest. I'm not exactly sure of the sequence. MR. HEERS: Thank you. CHAIRMAN COYLE: If you have any problems with that, you can contact either me or Commissioner Fiala. We both are aware of that. MR. HEERS: Thank you. CHAIRMAN COYLE: Okay. MR. OCHS: Commissioners, that takes you to -- CHAIRMAN COYLE: 6A. Item #6A PUBLIC PETITION REQUEST BY LOIS BOLIN TO DISCUSS ENDORSEMENT OF THE COLLIER COUNTY HERITAGE Page 32 January 26,2010 TRAIL - DISCUSSED MR. OCHS: -- public petitions. 6A is a public petition by Lois Bolin to discuss enforcement of the Collier County Heritage Trail. Ms. Bolin and Ms. Gaynor have both left. Are they here? Oh, there she is. Okay. MS. BOLIN: Hi. My name is Lois Bolin, and I'm a strategic consultant in working in copartner with Naples Backyard History, a project with Lavern Norris Gaynor. And I was back eating some M&Ms with some of your wonderful staff where we know where they keep it hidden. I'm delighted to be here for several reasons. Number one, Neighborhood America was a -- was a driving force behind the initiative for us starting the program that we have or the method that we're using. Ms. Gaynor has my glasses. She's trying to find a number. Anyway. What I'm here to talk to you about is a community-sustaining project called the Collier County Heritage Trail. And I'm not sure if you -- I tried to keep you up to date on what we've been doing, but our primary objective is to promote America's Last Frontier by elevating local history awareness and enhancing cultural ecotourism for opportunities to enhance experience designs -- or design experiences. And what our method is -- if we could put up the map, I think the map's really the essence of really what I want. MR.OCHS: This one? MS. BOLIN: Yes, sir. Our vision is to connect all the various areas within Collier County and the City of Naples through what we call the Collier County Heritage Trail Map, and we have a City of Naples Heritage Trail Map. And our objective is to show all the sites that are along -- of the birthplace of Collier County which is -- connects Immokalee, Highway 29, down to Everglades City, as well as the Tamiami Trail where it starts on the east side and where it runs Page 33 January 26, 2010 into the city on the west side. If you'll notice on your map, there are various little dots there, and those dots represent GPS coordinates of the various historical sites that used to be there. And by doing this, we're able to enhance the experience for the Convention Visitor's Bureau, a package they'll be putting together, as well as the tour directors that we're working with, as well as all the various organizations that will now be able to put package tours together, because on this -- with this Heritage Trail on our website, they will be able to see everything there is to do about the history of Collier County and the City of Naples. Thank you, Ms. Gaynor. And it's our way of sustaining the legacy of what this community is about. Most people don't realize that Collier County was the last frontier in America, and it really has an extraordinary history. And because it has been so fragmented due to its growth and development, linking them up and showing how they grew up, how the City of Naples grew up, how Marco grew, how Everglades City, how Highway 29 -- that really was the birthplace -- and Immokalee, there's extraordinary history there. And it's our desire and goal to support that in a collaborative, cohesive way. If you were to Google History of Collier County now, you're probably going to get a Realtor, because that's just how it is because it's been a fragmented system. Mr. Halas, I have a great appreciation for what you said about Kim Kobza, because he was very instrumental in working with us and explaining to us the concept of social media, and Mrs. Gaynor's family, the Norris family, are very much social entrepreneurs. So our vision expanded to really incorporate all the history and finding a sustainable way. So we now call Mrs. Gaynor a social entrepreneur because of this project. Each one of those points that you see will be on a GPS coordinate. We have gone through the process with the FDOT, and Page 34 January 26, 2010 Mrs. Fiala attended one of our sessions. We were required to have one charette -- we had three. One was at Rookery Bay, one was at Hodges University, and one was in Immokalee -- to engage people and let them know the process that we're doing. We have engaged Immokalee and have asked them to start their own historical society for Immokalee and Highway 29 because it is rich. That whole area is awesome. And we would be willing to work with them on that. But -- not but, but and -- because of what we have been working on, which has been about a year and a half -- and through the EDC and this Project Innovation, we've been able to collaborate with lots of other groups, and we're very proud to say that the National Park Services wants to partner with us on this Heritage Trail. And the Big Cypress Welcome Center, as you know, is opening east of State Road 29. We will have an interpretative center there. And coming up toward the beginning of where the county and the city sort of meet, we're sort of -- we're partnering with a group called Marine Team International, includes Naples, is where it sort of segways into the city. And Marine Team International is internationally known as film -- as a film consultant, marine film consultant, to people such as Jim Cameron and the Titanic, all their survivors they've done; James Bond, and their newest release is coming with Spielberg and Hanks on the Pacific Theater, which will be coming out in HBO in March, ten-week series. So we've been able to partner with some really unique personalities who get the big scope of the value of what we have. And this started out when Jack Wert said, we don't have a way to promote it in the way you want to, so you'll have to go and create it, and so this is -- this is the method of what we have done. We have passed the FDOT requirements. We have talked with the -- Norm Feder's department. We've talked to Ms. Flagg regarding any local ordinances. So we're in communication and dialogue with Page 35 January 26, 2010 the parties to make this happen. Why we're here now is, now we're at the stage where the Collier County Heritage Trail has to be designed. And Mrs. Gaynor said, I want children involved somehow. And so we now want to open it up to a community-wide contest, based upon the criteria of the FDOT, of what a Collier County Heritage Trail sign should look like. And this is also in partnership with -- the FDOT has a Heritage Trail division, and they are extremely supportive of what we're doing and love the idea that we're going to be engaging the community to let them know about the Heritage Trail, because it's our desire that this Heritage Trail would then link up with the Heritage Trail of Lee County, et cetera, so we really can showcase what we call the magic in this place we call home, which is our local history. So what I'm really here for is to say, we hope that you will endorse us, support us, or add a team in terms of getting this community sign out, getting this -- getting people to buy into the concept design, and we would like to release the design on May the 7th, which is the day before May the 8th, which is Collier County's official birthday. And then once we get that sign designed and release it forward, then it has to be approved by FDOT. And we are already beginning fundraising to pay for the signs and to set up an endowment so it's not any incurring charges on the County Commissioner. We just want you to know that this is our way to partner and really sustain history because it really is -- not only is it an economic component for a lot of tourists -- not tour- -- but tourism director, the CVB, because people will now be able to more easily package these tours. Instead of having to go to several places, it will all be in one place. So that's why we're here, to say thank you for your service, and we look forward to you enthusiastically endorsing this competition. And who knows, maybe you could be a judge in the final process. Any questions? Page 36 January 26, 2010 CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yes. I see on your list you have Jane Scenic Drive. I hope that the FDOT can work with the DEP in regards to making that road passible. Right now you need a U.S. Army Duck to get down through there, so -- MS. BOLIN: Well, let me -- let me -- that's a great question, thank you. Let me say, we are not creating any new -- we're not creating any new roads. We're just -- what we're doing is we are following right along the trail so when people drive by there, we're going to simply -- there'll be a GPS coordinate there that will flash up on something like this or in your car or ever how (sic) it's set up. What we called -- the National Park Services, we're partnering what's called GPS Rangers. So when you go walking around a park, you have something like this and it pops us and tells you a little bit about the story and what's happening. So we're not creating anything additional. People are just driving by what they drive by every day. Now all of a sudden we're going to give it some meaning. COMMISSIONER HALAS: No. I'm not saying that you're going to go out and -- this is not to reconstruct the road -- or to construct a new road. This is just to bring it back up to standards so people can go down there and enjoy it. MS. BOLIN: No, sir. No. We're only going to have a sign to tell them what this was. But, you know, I would love to work with you on that ifthat's really something. Thank you. CHAIRMAN COYLE: Lois, is there any concern that identifying the exactly locations of these places will result in destruction of historical sites by too many visitors, people looking for antiquities and things like that? MS. BOLIN: No, no. We have met with the Rural Land Stewardship Committee, and we have -- with the F - -- this is all on FDOT right-of-way. It's simply -- it's not -- it's called the trail, but it's a trail that you'll be on your car or your bike and you won't be getting Page 37 January 26, 2010 off into any properties or so forth like that. CHAIRMAN COYLE: It's a road sign on -- MS. BOLIN: It's a road sign. CHAIRMAN COYLE: -- on Highway 29, as an example? MS. BOLIN: Correct. That's the roads that are Highway 29 and the Tamiami Trail, we have -- within the FDOT right-of-way is what we're looking at. When it comes to interpretative sites, there's little houses you'll see on there, and those little houses will be a chickee hut or something that would allow people to get off and know where they have just come from. CHAIRMAN COYLE: But the GPS coordinates will be the coordinates ofthe sign or the coordinates of the actual village or town MS. BOLIN: The actual village and town. CHAIRMAN COYLE: Okay. MS. BOLIN: And the sign will just be letting you know that you're still on the trail. Yeah, there won't be, as you see -- like there won't be one at every --like Collier and Jerome and Deep Lake. There won't be a sign at each one of those because the FDOT reserves the right to determine how many signs that they will put there. The Heritage Trail sign is simply an indicator, you were on the Collier County Heritage Trail. If we find something, there'll be a GPS coordinate that we will put in that may be between two of the signs. Does that make sense? CHAIRMAN COYLE: No, but it -- the reason I'm asking this question is is there's a town of Magnolia up near Tallahassee on the St. Marks River. It died out about 1850. Very few people knew where it was. And when it was located and identified, within a couple of years, the site -- there were holes dug all over the site. There were -- when I first went to the site, there were the remains of foundations of the old homes and some of the stores and streets, but within a few years, people had started tearing all that up looking for things, and they Page 38 January 26, 2010 found lots of stuff. I'm merely trying to determine if you can achieve your goal without identifying a specific site and leading people out to go dig around and see what they can find. MS. BOLIN: The sites that will be there are based upon the Copeland map. Those are on old identifiable signs, but when you're riding past -- if you're riding up Highway 29, you don't know where those townships were. It's not an archaeologic site. We would never identify that. It was not our intention to identify that. The intention is just simply to allow people to know that when they enter into Collier County, that they're on a Heritage Trail, and that Heritage Trail is the Tamiami Trail. And as you come up the Tamiami Trail, you're going to go past, say, Monroe Station, which we're hoping to get some funds to actually sustain Monroe Station, or you're going to pass Rattlesnake Hammock. What does that really mean and how did that name come about? So it's -- even at Deep Lake. I don't know too many people who are going to go up there and dig up Deep Lake with as many alligators as there are, and it's private property. But all of our signs are on the FDOT right-of-way, and it's not -- treasures, quote, end quote, are not going to be something that people will be looking for at those places. CHAIRMAN COYLE: I hope you're right. Commissioner Fiala? COMMISSIONER FIALA: Yes. What I found most interesting about this -- I can't tell you how many times I've driven past places like Jerome, Sunniland, Carnestown. I have no idea what they are. I just see the sign. And this would be wonderful to know what I'm actually looking at, and then places I've never seen before, like Arzell and Harker. I didn't even know they existed, so this is going to be a lot of fun. CHAIRMAN COYLE: Yep. Page 39 January 26, 2010 MS. BOLIN: Yes. And really your concerns, Mr. Coyle, we totally understand, and we actually -- the place where there are those concerns are on private property deep within, and that's when we met with the rural land stewardship and the individual owners of the properties to ensure that -- and to get their sign-off and approval that we were not seeking that at all, as much as we're seeking a way to -- that we can say here is -- here's -- this is a Heritage trail, here's what was here to actually enrich the experience of the tourists and the families that are here. CHAIRMAN COYLE: And I fully endorse that. MS. BOLIN: Thank you. CHAIRMAN COYLE: And I see that everywhere. My only question was about the GPS coordinates. And if you're going to put the GPS coordinates of the town itself, you are inviting people to go find it. And whether it's on private property or not they will go there. Some people will go there. The town I told you about could only be reached by boat and then only if you wanted to hack your way through mangroves, hundreds of yards of mangroves, but hundreds of people converged on that site and stripped it of almost anything that was of any value. So in any event, I hope you're right. I think you could achieve the same thing without putting the GPS coordinates of the town there and just tell people what was near this location. But nevertheless, that's your call. Commissioner Coletta? COMMISSIONER COLETTA: Yes. Couple questions. One, you're not asking the County Commission for money? You're talking about getting grants? MS. BOLIN: No. COMMISSIONER COLETTA: Is this in any way similar to -- we had a recent effort through that area for a scenic highway. MS. BOLIN: No. The MPO -- the recent change. Page 40 January 26, 2010 COMMISSIONER COLETTA: There was a tremendous amount of resistance to that. Are you planning to go and call on the local city governments like Everglades City -- MS. BOLIN: We have. We have met-- COMMISSIONER COLETTA: -- or the Immokalee Chambers of Commerce? MS. BOLIN: -- with the chambers of commerce ofImmokalee and Marco and Everglades City and Greater Naples. We have met with them. I'm going to send you -- my PowerPoint didn't come, which outlines everything. That's why I'm looking on my iPhone to go over my notes. But we have met with the Everglades National Parks, we've met (sic) Picayune Strand, we've met with all the cultural sites that are out there as well as the -- as I said, the chambers of commerce and any interested parties, as well as holding three charettes for people to explain that we're only there to enhance the experience, and we've got an endorsement. COMMISSIONER COLETTA: I think it's a wonderful venture. You're moving forward on it, you just need to get the public buy-in. I do think when you put it together, this should come to the MPO to see about getting an endorsement from them. MS. BOLIN: We have. And I have met with several of them just to update them to know we're not trying to create this as a scenic highway again because, in our opinion, Tamiami Trail is a historic byway, and it doesn't matter whether you want to label it that or not. The story of the Tamiami Trail still needs to be told because that's why we're here. COMMISSIONER COLETTA: Thank you. CHAIRMAN COYLE: Thank you very much. MS. BOLIN: You're very welcome. Page 41 January 26, 2010 Item #6B PUBLIC PETITION REQUEST ON BEHALF OF CHRISTIAN KITCHEN OUTREACH, INC., TO DISCUSS SIGN VARIANCE - DISCUSSED CHAIRMAN COYLE: Let's go to 6B, and then we're going to take a break. MR.OCHS: Yes, sir. That's a public petition request on behalf of Christian Kitchen, Incorporated, to discuss sign variance. MR. BA VIELLO: Good morning, Mr. Chairman, and members ofthe board. My name is Michael Baviello, Jr. I'm an attorney here in town, but I'm not here before you as an attorney. I am here as the founder and executive director of Christian Kitchen Outreach. Christian Kitchen Outreach, I started a couple months ago, about four months ago, with the hope of feeding the needy here in Collier County, and it's tied into a program that I've established called Supper for Jesus. And it's centered around providing -- preparing and providing nutritious meals, about 200 ofthem, at a church, and that's the only place where it would be, before a service. So it's a -- it's to help the church as far as getting recognition with those in need, providing hope for those who are in need. They may not necessarily be homeless, but they could be unemployed, they can be single parents who are struggling. Anybody, actually, who needs a meal. Restoration Church, who I am affiliated with, have been affiliated with since it was started in 1997, which is now over on -- in off of Collier Boulevard across from Sweetbay, has a kitchen that we're in the process of finishing up, and we were -- we're seeking to go put the prototype, the first one, there, and it's going to be called Saturday Supper with Jesus. Page 42 January 26, 2010 The problem that we have at that location is -- and Commissioner Coletta knows the church. It's tucked away in the Buck's Run PUD. And as a result of that, there is really no visibility to Collier Boulevard. We have a sandwich sign, and it's up on the board and I believe it's in your packet. It's very simple. We just want to be able to stick it out there on Buck's Run Drive, which is a private road right now, and -- on the day that we're going to provide the service. And as cars go by, they'll see it. Now, I know that I can go ahead and have somebody stand out there with the sign and I don't need a permit, but I would think that's a safety hazard, and I'd rather have a volunteer work helping me in the kitchen or preparing to make these meals as opposed to putting him out there by the sign. So I went to the county -- to the sign specialist here in the county, Diana Champignon. I think I pronounced that correctly -- I may not have -- and she said, well, the only thing that you can -- you qualify for would be a temporary sign, and that's a $200 permit, but you would have to get a sign every week because the way the sign ordinance reads for a temporary sign, it's for 14 days, but you have to have three consecutive days. Well, ifI'm only doing it on a Saturday, that means I'd need to have 52 different signs -- excuse me -- permits at $200 a pop. That's $10,400 a year. This is my own project. This is something that's been on my heart, and we've heard about the people that are struggling in Immokalee, and it's happening all over. That would basically bust my budget, and that would feed about 6,300 people. So I'm coming before the County Commissioners for some variance of some type, an exemption possibly, I don't know. I've spoken to Mr. Bellows with regards to working out the permitting for the kitchen -- the use of the kitchen at the church, and we've worked that out, and probably be before -- the church may be before you again Page 43 January 26, 2010 later on down the road in about six months or so for a PUD variance. But right now we'll be able to do it for at least 28 weeks without -- under permitting. But the sign varia- -- the permitting procedure is totally different, so that's the reason why we're before you. And any help that you can give us, we'd really appreciate it. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah, a couple things coming to mind. And one, I commend you for what you're trying to do. Anytime we can do an outreach to the residents of Collier County, especially those that may be in need not only of food, but of guidance and of comfort in these troubled times, I think it's a wonderful thing to do, and everybody should take on part of the burden. And I am familiar with Restoration Church. You do some wonderful work there. MR. BA VIELLO: Thank you. COMMISSIONER COLETTA: Here's a couple of things that give me some concerns, and maybe I can encourage you to look at several different ways on it. One, we -- your PUD, I'm pretty sure, excludes soup kitchens, per se. I think the definition of calling this a soup kitchen is way out of line. It's not. You're offering -- MR. BA VIELLO: No. COMMISSIONER COLETTA: -- a -- you're offering a church service, you're offering food before the church service for anyone that wishes to come. There's no prerequisite for them being rich, poor, or whatever. MR. BA VIELLO: Correct. COMMISSIONER COLETTA: It's once a week, correct? MR. BA VIELLO: Correct, every Saturday. COMMISSIONER COLETTA: Every Saturday. The sign you're talking about does require a variance if you wanted to put Page 44 January 26, 2010 something that was going to be out in the medium (sic), and that's a lengthy process. It's too expensive. You don't want to do it. However, with that said, we have -- and I'm going to have Mr. Bellows or someone else come up here and maybe guide us through this. We have made exceptions on this process where weekly sign permits were not required. What comes to mind is the civic association. I believe -- I'm trying to think now, too, maybe the fair. I'm not too sure if they do, but I do know the civic association and probably some other entities were allowed to have a yearly permit that allowed them to put them out at a certain time and take them down at a certain time in relation to their meetings. If you could comment on that. Possibly we could look at this and see what the possibilities are. MR. BELLOWS: Good morning, Commissioners. For the record, Ray Bellows. I believe we can help this gentleman through the temporary use permit process for the sign also. It is not a soup kitchen, and you nailed it right on the head there. We can do this through the church use as an accessory service to the -- of the church. The church, through the temporary use permit, can obtain temporary signage for the event, and we can work with them with a right-of-way permit for a permitted -- a banner-type sign. Our sign code expert has indicated that the sandwich board is not a permitted sign type, but we can work with them with a banner-type . sIgn. COMMISSIONER COLETTA: Yeah. The only thing I would ask is that it would -- if we ever get to that point, that it be limited just to their property where it would be at and not be able to be posted on properties all the way up and down 951. Because the next thing would be, other churches would feel like they're competition, and it would become very difficult with the amount of signs that would be out there. Page 45 January 26,2010 And if we do get to that point also, that there be a serious consideration as to when the signs are up and when they're down so it's not considered some sort of clutter out there. MR. BELLOWS: That's correct, and the temporary use permit process would tie it to the event so they could put it up the day of or the day before the event, and we can work through that through the temporary use permit. COMMISSIONER COLETTA: And Mr. -- Jeff, can you give me some other insight into this? Is this possible the way I'm bringing it up? I'm sure my other commissioners would probably have some suggestions. MR. KLATZKOW: I think I'd be more comfortable if you direct staff to come back on executive summary with recommendations so at least this is noticed. COMMISSIONER COLETTA: Yes, that's correct. MR. KLATZKOW: Given the history of this neighborhood, if they suddenly see that sign up, you may see a roomful of people here. COMMISSIONER COLETTA: Well, I would like to see it come back. CHAIRMAN COYLE: And also, please address the issues related to this being a private road, okay? MR. BA VIELLO: Yes. CHAIRMAN COYLE: And is there a consensus, three nods on bringing this back with recommendations? Okay, good. MR. BA VIELLO: Mr. Chairman, I want to clarify. Yes, the only desire that we have is to put the sign out in the morning. As a matter of fact, probably I'd have -- I was hoping to use the sign that I had prepared, which is -- already exists, that we can just stick it out there. As I come to the church, put it out, go in, start cooking, preparing, and then when I leave the church around nine o'clock at night after the service, I'd just pick it up and stick it back in my car and head home. Page 46 January 26, 2010 Oh, by the way, I do not live --I'm not a neighbor of the chairman. I just wanted to let everybody know that. COMMISSIONER COLETTA: There's property next door to him, if you'd like to move to him. MR. BA VIELLO: No, thank you. I like the location where I live. CHAIRMAN COYLE: Thank you very much. MR. BA VIELLO: Okay. Thank you. CHAIRMAN COYLE: Okay. We're going to take a ten-minute break. Let's be back here by 10:45. We'll take an II-minute break. (A brief recess was had.) CHAIRMAN COYLE: Okay. We're back in session. MR. OCHS: Commissioner, you have a live mike. Item # lOA RECOMMENDATION TO CONSIDER COST ESTIMATES FOR CONSTRUCTING PERMANENT HISTORICAL EXHIBITS AND DISPLAYS FOR THE MARCO ISLAND HISTORICAL MUSEUM - MOTION FOR THE COUNTY TO ALLOCATE $250,000 NEW MONIES TO THE MARCO ISLAND HISTORICAL SOCIETY - DENIED; MOTION ALLOCATING $200,000 PLUS THE DISPLAY CASES (APPROXIMATE VALUE $80,000) PLUS BUDGET AMENDMENT TO DRAW UPON THE RESERVES (ALREADY ALLOCATED TDC FUNDS OF $100,000 PLUS PARADISE ADVERTISING $50,000) - APPROVED MR. OCHS: Sir, we have a time certain at 10:45. It's lOA on your agenda. CHAIRMAN COYLE: Yes. MR.OCHS: It's the recommendation to consider cost estimates for constructing permanent historical exhibits and displays for the Page 47 January 26, 2010 Marco Island Historical Museum. Ron Jamro, your museum director, will present or answer questions, whatever the board prefers at this point. CHAIRMAN COYLE: Ron, if you could make a brief summary presentation. MR. JAMRO: Certainly. CHAIRMAN COYLE: Most of the information is in our packet, but if you will proceed. MR. JAMRO: Absolutely, Commissioner. And good morning. Ron Jamro, your museum director. In -- this is a process that's been going on for about a year and a half now designing and planning the final direction of the exhibits for the Marco Museum. And to that end, in December you heard from the Marco Island Historical Society who presented the highlights of that exhibit concept, which is in your, you know, information, the various sketches, what have you. Essentially, we break it -- we're breaking things down into five galleries, a special exhibit or traveling exhibit gallery. That keeps the museum fresh, you know, bring in repeat visitors, so it's always good to have an area for that. Two galleries devoted to the Calusa culture, which are the big-ticket items and is really the showpiece ofthe museum. That was always the plan that the Calusa Indians would be discussed in detail because, after all, they were the first people -- first human beings on Marco Island, and we felt that that's where the story should be told and told well, so that's the emphasis there and the bigger-dollar figures. Then on to the pioneer, the early industry gallery, and finally Deltona and the modern Marco gallery, and you see associated with those all the various costs, and this is all planning -- we're planning to move in this direction of a design/build approach so that you can basically start and stop anywhere, and we would not have an empty museum. It would fill in with temporary exhibits around the edges. Page 48 January 26,2010 So it's very much a work in progress, and that's not unusual. A museum -- all of our museums, all four of the museums, have proceeded along those line where we never open the doors with a completed museum. It's -- we never had the money and frankly, it's not a smart idea, because we like to see what people respond to and then fine tune the exhibits as we go. So I think this is a very -- a logical plan. The prices look pretty fair. We have value engineered those. Some have gone down, some have gone up, but what we haven't compromised is the final presentation and the exhibit quality that is -- that's top-notch, as befitting a brand new facility on Marco. We're -- we have our budget expert here; we have our design expert here from Tampa. Ifthere's anything I can answer or have those folks answer for you, we'll be happy to do it, Commissioner. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Henning? COMMISSIONER HENNING: Ron, what was the cost for the display cases in the Depot museum? MR. JAMRO: Oh, thinking back. Excuse me one second. Do you recall, Scott? They're not much. I'm going to guess that we spent probably -- oh, no. It's not a guess at all. It's about a million dollars, about 1.1 million. We're still building them, so that's -- that's not a solid figure, but that's the estimate that we put on it. It's hard, because restoration was also part of that process, so in my mind I'm trying to figure out where we were on that. But we had 450,000 for the first -- front end of the building and like 550-, call it 600,000, for the back end ofthe building. That's what we're working on now. COMMISSIONER HENNING: That was for restoration. That wasn't -- MR. JAMRO: No, no, no. No, sir. That was exhibit design and fabrication. The restoration will -- is going to cost us about another Page 49 January 26, 2010 million. COMMISSIONER HENNING: Okay. MR. JAMRO: Or has cost us another million. We're almost done now. COMMISSIONER HENNING: And the funding source for this item? MR. JAMRO: That was a variety of monies, basically TDC revenues, but we hit -- there were a couple of gifts from the Board of County Commissioners. It was -- maybe Leo can recall how that went. MR. OCHS: Yes, sir. There was some fundings out of your 301 capital fund to help with some of the exhibits at the Depot when we had funding available. As you-all know from our recent discussions, your 301 capital fund has basically become a debt service fund where we're servicing not only the long-term debt on your nonimpact fee general fund capital projects but also using some of that funding to cover the shortfall in your impact fee debt obligations because of the recent shortfall in impact fees. So there are some loans from that 301 fund as a temporary bridge to cover the shortage in impact fees. So there are no capital dollars, Commissioner, available this year in that 301 fund. COMMISSIONER HENNING: We don't have a breakdown of where the million dollars -- or the funding request for this item. That's not in our agenda. Did I miss it? MR.OCHS: No, sir. And the staff is not recommending a million-dollar budget allocation in the current year to fund the entire $1 million estimate of the permitted exhibits that would fill up the entire Marco Island Museum. You recall a couple of months ago the staff brought an item. We had some capital project funds that had some surplus funding. We identified about $440,000 of potential funding. Subsequent to that we had a discussion with the board. Those dollars, along with some Page 50 January 26, 2010 others, went back into capital funding reserves to be available for beginning balance in 2011, so those funds have since been placed in capital project reserve funds. Now, recently the City of Marco Island was gracious enough to offer up to $350,000 in matching funds if the board was able to put some money against that match. And in that regard, sir, we -- there's $100,000 that was awarded earlier in the year by your Tourist Development Council and subsequently approved and ratified by that board to go to the Marco Island Historical Society to help fund exhibits. Yesterday at your TDC meeting I believe Mr. Cedar Hames from Paradise Advertising, who is under contract to the board for some advertising and marketing services with your CVB, had indicated that he is, under contract, eligible for some commissions related to advertising placements that he's making, and he indicated a willingness to return some of that to the museum project; and the TDC told him that, you know, once he received his commissions, it was up to him what he wanted to do with them. But we've had a representation from him that he would be willing to put up to, I believe, $50,000. And Commissioner Coyle, I'm going to ask for some help. He chaired the meeting yesterday. I believe it was $50,000, sir? CHAIRMAN COYLE: Yeah. Mr. Hames said he would be willing to donate $50,000 in cash to the Marco Island Museum and, also, he would be willing to allocate another $50,000 in advertising services and consulting fees over the next year or so, maybe two years. It will depend upon your need. But he has been very, very helpful in similar projects in Collier County, and that is money, I think, that you could very, very easily use. And I think there are ways -- and Commissioner Fiala really wants to speak on this. She's been the person who's been representing the museum for a long time, and she's been fighting to get the funding, Page 51 January 26, 2010 and we're trying to find a way to do that. But I'll leave the rest of that discussion to her. But the issue with Mr. Cedar Hames and Paradise Advertising is pretty much done, as I understand it, and I would only urge the Historical Museum to give him some recognition down there, a plaque of some kind for him and his company, because that's a -- it's unusual to find a contractor who says, I don't want any more commissions. I'll give them back to somebody in the county. Isn't that nice? Commissioner Fiala? COMMISSIONER FIALA: Thank you. He does deserve a gold star for that. I thank you very much. And I think that -- now, we're talking new money, new money. City of Marco Island has voted to generously give to Marco Island Museum $350,000 if we match that with new money. And I don't mean to put anybody else down, but I don't know any other city that has ever donated to one of our museums like that, and all they're asking in return is this. I believe that this is the right thing to do. Now we've got 50,000 from Cedar Hames. All we need to come up with is 300,000, and we can do the job right. And I don't ever remember voting on all of these display cabinets for the Depot, by the way. It's wonderful that we're doing that. We want them to look nice, but I sure don't remember voting on that. This is the only time I remember voting on display cabinets. MR. JAMRO: Never per -- that level of detail was never requested. COMMISSIONER FIALA: Right. MR. JAMRO: Be happy to provide it anytime. COMMISSIONER FIALA: That's exactly right. And so I would -- I would ask and urge my fellow commissioners to approve the extra $300,000 so that then we can receive the $350,000 match from the City of Marco Island. Has the City of Naples volunteered to donate to the display cabinets over at the Page 52 January 26, 2010 Depot? MR. JAMRO: As a matter of fact, they have purchased -- oh, no. I'm getting -- yeah, at the Depot. Too many museums. COMMISSIONER FIALA: Yes, right, right. MR. JAMRO: Yes, the city has provided, I think it was $17,000 to -- and they bought -- or they bought one old vehicle for one display and they're in the process of buying another vehicle. COMMISSIONER FIALA: But they keep the ownership of that museum, don't they? CHAIRMAN COYLE: Not the city. COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: No, no. It's owned by a foundation. COMMISSIONER FIALA: Well, still, but it isn't ours. It isn't ours to own -- MR. JAMRO: Well, it's ours for 99 years. COMMISSIONER FIALA: -- whereas this Marco Museum will be. So it's an investment in our museum system. And I ask you fellow commissioners to come up with $350,000. Possibly $50,000 coming from Cedar Hames. Thank you. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Could someone refresh my memory? The TDC is coming up with some money. How much money is the TDC coming up with? MR.OCHS: Commissioner, I'll take a stab at that. Two different TDC actions. Earlier in the year, as part of your regular grant application and award process, the TDC had recommended a $100,000 grant to your non-museum category grant awards to the Marco Island Historical Society. Those grant award recommendations, as they routinely are, were brought back to the board. It was approved by the board. That was earmarked to the society for exhibits and displays for the new museum. Page 53 January 26, 2010 COMMISSIONER HALAS: Down there in Marco? MR.OCHS: Yes, sir. COMMISSIONER HALAS: And that's $100,000; is that correct? MR. OCHS: That's $100,000. And then just yesterday, as Commissioner Coyle just pointed out, there was another pledge of $50,000. So if you're trying to leverage the $350,000 matching offer from Marco, Marco Island, you would -- in that scenario, if they would consider both of those as eligible to count against their match offer, you would need another $200,000 out of your capital reserve fund. COMMISSIONER HALAS: Okay. Now, the other question I have is -- and I'm just trying to think outside the box here on what options we have. Obviously all of us know that we have a tremendous shortfall, but I'd like to see this museum move forward. So one of the -- one of the ideas -- and I would need to find out if this would be feasible or not -- is to turn the property that the museum sits on, give -- turn it over to Marco, and basically that would be Marco Island's museum, and it would be owned by Marco Island. The only thing that I think that might be a problem would be, we'd have to share some parking facilities down there with another government identity (sic), and that way we would be -- that would be a large donation. I know it's probably not what really gets accomplished here as far as the display cases, but at least it gives us the ability to show that we're trying to support this and just turn over the museum -- over to the -- to Marco Island, and it would be their museum and they could do whatever they want. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. That's very kind of you. We're talking about new money. Marco is -- their city council has voted to pledge $350,000 toward this museum. By the way, they already pledged another 100,000 that they've already given them. Page 54 January 26, 2010 That was beforehand. So they've now -- that will be $450,000 that the Marco City Council has pledged, or actually they gave the $100,000 to them already. So they've asked for $350,000, new money from us. We've already pledged $100,000. But -- so that's set aside. And I'm asking you, and I'd like to make the motion right here and now, to donate $350,000 to receive the Marco Island City Council's match of $350,000 to be placed toward building the display cabinets at the new Marco Island Historical Society Museum. COMMISSIONER HENNING: I'll second that if it includes recognizing of the $100,000 TDC funds and the $50,000 from Paradise Advertising. COMMISSIONER FIALA: You mean into that 350? COMMISSIONER HENNING: Yeah. COMMISSIONER FIALA: Well, then it isn't new money anymore, and then we're going to lose $100,000 from the Marco City Council. They're asking 350- to 350-. They already pledged 100. We've already pledged 100. So this is over and above that. What will happen is, then we lose, we lose. And it's for our own museum. It's for our own museum. And you know what, as long as we're talking about this, I think it's the right thing to do, but maybe we ought to be discussing the display cabinets at the Depot then too and haggling that one out. You know, I mean, I just -- I just don't feel it's right to do this. We found the money, we're going to start to open this museum. I'm asking for 350,000. Fifty of it is already dedicated from Cedar Hames. That's 300,000. I found that 300,000 within our budget that was sitting there, and I'm asking you to -- to donate that, to use it for displays. COMMISSIONER HENNING: Can we go to the speakers? CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah, thank you. Commissioner Fiala, I know this is extremely important to you. Page 55 January 26, 2010 COMMISSIONER FIALA: Yes, it is. COMMISSIONER COLETTA: And I was one of the original supporters of the museum. My concern is -- and I'll be honest with you. In this case here I think Commissioner Henning is closer to it than we need to be, but possibly we could discuss this a little bit further. Now, I heard a very good suggestion from Commissioner Halas. I received the same letter where a resident of Marco Island suggested that we look into the possibility -- and I don't know ifthere's any interest on that. But we turned over, what was is, Mackie Park at one time to the City of Marco so that they would have complete control; because let's be honest about it, the smallest form of government is usually our best form of government. I would be for coming up with the money allotment to get this going, but I'd like to see ifthere's any interest on the part of the Marco City Council to assume control of the museum so they have it within their control and they don't have to come through our museum board, they don't have to come through this commission. They'd be able to act directly, and they'd also be able to go forward and get grants from the TDC in future years. Why not? They've recognized museums that aren't county museums. There's a lot that can be done with this to make it work. I'll make a bet with you that the money they -- if they had control of it, complete control, they could make the dollars go a lot farther, rather than have to work through three or four of the sources to get to where they need to be. There is -- there is concerns. I'll tell you one of them is, in fact, how many capital projects, Mr. -- County Manager? MR.OCHS: Yes, sir. COMMISSIONER COLETTA: How many capital projects have we deferred or completely eliminated? Of course, some of the funds for this is the demise of the gardens down at the agricultural center. Page 56 January 26, 2010 They're going away to be part of the funds that are going to be able to back everything up. But what are we now in the rear on? MR.OCHS: Well, Commissioner, two meetings ago we brought an analysis of your capital project funds, and what we did was we scrubbed all of those individual project accounts to find any dollars that weren't yet expended. That doesn't mean that the project necessarily wasn't finished. It might have been money that was still left in the project after it was finished. There were some projects there that never began and we didn't have any intention anymore to begin those like the project you just mentioned. So we took about $3-and-a-half million that we recommended the board take out of those active accounts and put them into the capital project reserve funds. So in terms of specific projects that were deferred, we have the one out at the ago center that you mentioned. COMMISSIONER COLETTA: Well, yeah. There's a lot more things out there that we have deferred over the last year or so, and I asked you to put me a list together, and obviously you didn't. MR.OCHS: Well, some of those are road projects, sir, that are funded by other sources. COMMISSIONER COLETTA: Well, I know that. But I mean, everything in total. In other words, trying to capture one end of the fund spectrum as an entity by itself sometimes can be a little bit misleading. And I want you to know I am supporting funding for the Marco Island Museum. I just want to make sure we put everything in the proper perspective. You don't have a list? MR.OCHS: Not a complete list, no, sir. COMMISSIONER COLETTA: Okay, thank you. CHAIRMAN COYLE: Yeah. Let me make a brief comment concerning this. I think Commissioner Fiala is absolutely correct in a number of respects; one is the amount of money that we continue to Page 57 January 26, 2010 put into the Naples Depot. I think the renovation budget has just gotten out of hand, and it's not all your fault. It's largely because of some fire code requirements down there that have required things. But had we taken a closer look at that along the process, we might have decided -- made different decisions. And I think it was a mistake not to have brought that detail to the Board of County Commissioners. And it's for that reason that it's necessary that we look at this issue before us now, because our funds are even tighter. The staff is recommending that we go with roughly a $700,000 initial step. I don't see any reason that we cannot do this. And the only -- only area where I disagree with Commissioner Fiala is we can't limit our vision to just new funds, because there are funds already there. What are you going to do with them if you don't use them for this purpose? So I think it's absolutely essential that we use the $100,000 from the TDC and the $50,000 from Paradise Advertising, and I would gladly support a $200,000 allocation from capital reserves to round out a $350,000 match to Marco. So I would be -- and I feel that some of the other commissioners would feel the same way. So if we can do that and get the project started, then we qualify for an additional $100,000 from TDC for the next cycle. We have almost $80,000 of existing furniture and display cases that we will give to Marco Island. So we're talking about an immediate allocation of well over $780,000, and that's enough to complete the Calusa exhibit, according to your estimates so far, right? So that's a really good step with an initial allocation. Now, the other suggestion that Commissioner Halas has brought forth is one that is worthy of consideration. If Mr. Popoff could address that, that would be very helpful. Is it of interest to the Marco Council to take over control of the museum? MR. POPOFF: Chairman and Commissioners, how do you do today? Appreciate you discussing this topic. I understand the Page 58 January 26, 2010 budgetary constraints and the challenges that you face. I can't speak for councilor -- well, first offI'd like to introduce Councilman Wayne Waldack and our city manager, Steve Thompson, and Craig Woodward from the Historical Society . We're really not in the business of running a museum, and -- nor do we have the background or knowledge or staff to do so. I do appreciate sincerely the direction that this is taking because it's somewhat of a compromise and it's at least getting us to where we need to be to have the capital to do the display cases. I'm not on the TDC. And during the TDC meeting, we initially were going for $250,000 -- actually it started at 500,000. Commissioner Fiala, you were there, I believe, at that time, and we got down to -- or, no, it was Chairman Henning. Mr. Henning was chair of the TDC at that time. And we got down to 250,000. We ended up with $100,000. And I know that the Historical Society has already counted on that money. And lookit, we're not looking a gift horse in the face here. We would gladly accept the compromise. If we were to do that though, I would appreciate if the commission could go ahead and vote on that so I'd have something to take back to the Marco council. But as far as the land goes, Chairman -- or Commissioner Halas, it's a good idea. I like thinking out of box, but that doesn't really do anything to satisfy our immediate needs of the display cases. CHAIRMAN COYLE: Okay. And just for clarification -- and it's probably one of the reasons that we've had a misunderstanding about obligations, financial obligations. These are not display cases we're talking about. They are far more complex than display cases. MR. POPOFF: Yes, sir. CHAIRMAN COYLE: These are depictions of a Calusa Indian village in the various scenes and re-creations of the village, and that's the reason that it's so expensive, and that's the reason that when we have people from our museum department coming up and talking to us Page 59 January 26, 2010 about display cases, we're thinking about little glass things sitting on the side to put antiquities in. And that leads to a misunderstanding when somebody says, well, we need one-and-a-half million dollars for display cases. MR. POPOFF: Right. CHAIRMAN COYLE: So it -- just so that the audience and the public understand what we're talking about here, it's more complex than display cases. But I'm anxious, and I know Commissioner Fiala's anxious, to see this move ahead. MR. POPOFF: We're all anxious. CHAIRMAN COYLE: And before I think any of us want to make a final decision or a motion on this, I think we should listen to the two registered speakers. MR. POPOFF: I appreciate that, but I did want to add just one additional thing. I understand you guys know this, but you know, the Calusas were the original Collier County residents. CHAIRMAN COYLE: Yeah. MR. POPOFF: And, you know, the citizens of Marco Island have recognized that with donations of $4.5 million. So we all do want to put this behind us and open up the doors, and we really do appreciate your consideration. CHAIRMAN COYLE: Good. Thank you very much, Councilman. Commissioner Fiala, would you like to speak now or after the -- COMMISSIONER FIALA: I can. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: One of the comments, I think it's very nice that the -- our museum system has these left-over cases that they want to use. I think that they ought to use it over at the Depot and take the $100,000 from the Depot cases and put them over into the Marco because, as Commissioner Coyle beautifully pointed out, this is Page 60 January 26, 2010 not for display cases so much as for depicting these scenes. By the way, I just -- just a little tidbit -- and I thank -- I thank some of the commissioners here who have been trying to help me. I appreciate that. One of the things that's really neat -- just this, as a sidenote. They're building a special place in this museum that is totally waterproof and air-conditioned properly so that they can, at some point in time, bring artifacts back from the Smithsonian Institute to display here. It will be the only place in Collier County that will be a museum -- Smithsonian museum quality. So I just wanted to throw that in there. CHAIRMAN COYLE: Now, let's call the -- MS. FILSON: And, Mr. Chairman, I currently have three speakers now, but Mr. Popoff was one of them. I don't know ifhe wishes to speak. CHAIRMAN COYLE: Okay. Ifhe wants to speak again-- because I called on him the first time. MS. FILSON: Okay. The first speaker is Jacob Winge. He'll be followed by Patricia Marzula. COMMISSIONER HENNING: Winge. MR. WINGE: County Commissioners, my name is Jacob Winge. County Commissioners, my name is Jacob Winge. I'm founder and president of Barron Collier High School's History Club. I also came to speak on another issue concerning the museum back in, I believe it was, October. Basically what I wanted to say was that history, again, is our most important aspect, and it's one of the community's most important aspects, and I think it's something really that we need to have for the community to have access to that, and exhibits are one of the main ways that they can experience that kind of history, and I think it's a great way to show it to them as well. Thank you. CHAIRMAN COYLE: Thank you. Page 61 January 26,2010 MS. FILSON: The next speaker is Patricia Marzula. She'll be followed by Rob Popoff. MS. MARZULA: Hello. My name is Patricia Marzula, and I live at 941 South Collier Boulevard, Marco Island. As a resident of Marco Island and a resident of Collier County, I would -- I'm -- it's -- I'm glad that people may come together and this will come to a good end. And thank you very, very much for all of your consideration. CHAIRMAN COYLE: Thank you. MS. FILSON: Rob Popoff. MR. POPOFF: (Waves hand.) MS. FILSON: That's your final speaker. CHAIRMAN COYLE: Okay, thank you. Okay. Now is there a motion of how we should proceed? COMMISSIONER FIALA: Yes. I would like to make a motion, as I said, to dedicate $350,000 of new money to the Marco Island Historical Museum. We can take $100,000 out of the Depot, $50,000 out of -- that so kindly was given to us by Cedar Hames, and then another $200,000 from -- I think we have 150- from the Extension Service, and I don't know where the other 50- is, but someplace in the public utilities department -- or public services department. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah, I'm going to second Commissioner Fiala's motion for discussion purposes. Question on the Depot. We -- you or someone mentioned something about $100,000. Is this money that's in some sort of reserves? COMMISSIONER FIALA: No. Actually what it is is we have all of these display cases left that they were going to donate to the Marco Museum, and I'm saying instead, because they have a million dollars set aside for display cases at the Depot, I'm saying -- yes, right? Page 62 January 26, 2010 MR. JAMRO: Not exactly Commissioner. First of all, the surplus exhibit cases that would be going to Marco on a temporary basis were the temporary exhibits at the Depot and some from Everglades City, and some from the museum. But most of them are from the Depot, so that's the transition. Secondly, we're in the final stage of completing the exhibits and fabricating the exhibits at the Depot, so we would have to stop work now, and I'm not sure we could find 100,000 at this late stage of the game. So you'd basically wind up with two unfinished museums. I'm not sure that's the way you want to go or what -- COMMISSIONER COLETTA: I think Commissioner Fiala said 50,000, but -- COMMISSIONER FIALA: No. I said 100- because they're talking about display cabinets that were at the Depot that they're now giving to Marco, but then they have to build new -- they have to have new ones for $100,000. And I'm saying, keep the ones that you have and gift the $100,000 to Marco to build their -- their -- what is that called, the display? MS. RAMSEY: Diorama. COMMISSIONER FIALA: Diorama. MR. JAMRO: Well, it's sort ofa vignette. COMMISSIONER FIALA: Yeah, okay. Okay, because that-- you know, that isn't display cases. It's a totally different beast really. MR. JAMRO: May I suggest that rather than stop work at the Depot when we're about two months away from completing the exhibits, that we build a sampling of that vignette and that we add to it next year, because we won't have the Depot as an extra cost to the museum. And ifTDC revenues hold at all for us, you know, we can send some relief over there. That's how we would eventually make up the difference, just chipping away at it. Like at Robert's Ranch, that was 16 years to acquire, and we funded over eight years. We're paying for it -- this is the last year, Page 63 January 26, 2010 $60,000 a year, so we've financed the exhibits and buying museums as well, so that's not impossible, you know, to -- as the TDC funds become available in our museum budget, that some of that would be allocated towards continuing with the exhibit plan. I think this whole -- this whole discussion was showing you, as you requested, what -- where is the money going and what is -- because there's been a lot of numbers floating around. Let's tie that down. But this kind of approach, yeah, you can stop and start, and you'll know where you must pick up when funds become available. But I'm not sure that swapping cases around and stopping construction on new exhibit cases at the Depot would give you the results at either place that you'd be proud of, to tell you the truth. COMMISSIONER FIALA: Ron, did we vote on donating a million dollars for display cases at the Depot? MR. JAMRO: In the budget process, yeah, we explained all that. And we had about an inch-thick construction book as well that showed -- which is what we need for Marco now of the -- rather than just pictures, how are these built, the construction documents. So that's where the design aspect is so critical to the Marco. We have that component in the Depot. We don't have it in Marco. And before we can proceed, we need to develop that. But rather than do the entire project, we'll do it gallery by gallery, which gives us -- so we can pace it a little better and fund it a little easier. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Yeah. Commissioner Fiala, I really, really want to help you on this, but when I look at the shortfall of money that we're going to have to figure out how we're going to make up, okay -- I could probably digest $200,000 using the 100,000 that's been already put aside for the Historical Society down there, the $50,000 that Mr. Hames is going to donate, and then the county new money would be 200,000. And my concern is, if we have a $26.7 million shortfall, I'm not Page 64 January 26,2010 sure how we're going to address this, and we also have a huge debt service that we have to pay. If this was in good economic times, I bet you dime on the dollar that we would all be in unison in regards to giving Marco Island all the necessary funds that they need. But each commission meeting we hear more people that come before the Board of County Commissioners looking for money, and we just don't have it. And it's going to get worse as we move on. So the best that I can do for you would be the 200,000, and I'm being honest with you. I just feel that the shortfalls that we have looming on the horizon, it's storm clouds, and we need to figure out how we're going to address this whole thing. So -- and when times get good, we owe something to the Marco Island Museum, and I thought maybe that we could help offset some of their expenses by donating that land to them, the whole nine yards, so it was their museum totally. But I understand that they're not in the -- they are not into running museums and, obviously, they realize that they don't have the funds to hire museum personnel also. So when you look at the whole picture, this whole thing is -- it's going to take us to run that museum, and that's going to be some items that we're going to be looking at as we go through the budget process, how we're going to fund the people that are going to be on those museums. We're also going to be looking at the personnel that it takes to run libraries and other things that all of us are very concerned about. So when I look at the shortfalls that we have, we have to be very prudent so that we can make sure that we can take care of what's before us on our plate without losing additional people in this county. And that's where I stand on this. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Just a quick question again. How much of this money was -- was from the money we turned back from the agriculture extension for the garden? Page 65 January 26, 2010 MR.OCHS: Commissioner, that was $150,000 that went back into your capital reserves. COMMISSIONER COLETTA: Okay. I have no problem relinquishing every penny of it -- not that I expect anybody would ever give it back to me -- for the museum. But let me see if we can come up with a compromise. I can tell you the way this is going now, Commissioner Fiala, the motion you made and I seconded isn't going to pass. And what I'm going to suggest to you, if you would consider modifying the motion to drop any reference to the Naples Depot as far as the money goes and modify it to the fact that instead of the 200- everybody's talking about, 250- as a fallback position. That still puts you $100,000 short from where you need to be but a lot closer to it. Maybe we can get a third commissioner to vote on it. Would you consider that? COMMISSIONER FIALA: Yes, but then I would like to bring back the Depot and also discuss it at length. You know, I don't know why I have to fight for things so hard and everybody else is just -- comes onboard. I'm sorry, I sound -- I don't mean to be-- COMMISSIONER COLETTA: I'm trying to help you with this. Believe me -- COMMISSIONER FIALA: I know. I can hear that. COMMISSIONER COLETTA: -- I feel like the red-headed stepchild all the time. Commissioner Coyle helps me with that issue all the time. Reminds me of the fact that -- where I am and who I am. COMMISSIONER FIALA: And I understand our finances. I understand our finances are bad. COMMISSIONER COLETTA: Let's talk about today before we get anybody else teed off here and try to get a vote through that's going to be most advantageous to the Marco Museum. Would you amend your motion for the 250-? COMMISSIONER FIALA: Yes. Page 66 January 26, 2010 COMMISSIONER COLETTA: Okay. And I'll change my second to that also, and no reference to funds coming from the Depot. COMMISSIONER FIALA: No. COMMISSIONER COLETTA: Meaning that you are not referencing the funds. COMMISSIONER FIALA: I'm not referencing. I'll probably crab about it a lot. COMMISSIONER COLETTA: But it doesn't mean you can't bring it up later. We're not going to talk about that now. COMMISSIONER FIALA: Okay. Right. COMMISSIONER COLETTA: Okay. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Well, I'm confused about this 250,000. I mean, we were talking -- well, if! start throwing out numbers, everybody's going to get confused, so -- it was 200,000 from capital, 100,000 already gave from TDC, and the 50,000 from Mr. Hames. COMMISSIONER COLETTA: That's done, that money, the 100- and 150- (sic), we understand that's already on the table. COMMISSIONER HENNING: So this is a new motion. CHAIRMAN COYLE: We're throwing it away and you're not going to consider it. COMMISSIONER HENNING: Okay. Yeah, I don't know where we're getting by trying to pick on another museum. COMMISSIONER FIALA: No, I'm sorry. It's just that -- it's just that it seems that, you know, if we can do one, we should -- you know, I -- COMMISSIONER HENNING: The one is already done. COMMISSIONER FIALA: I'm trying to find a balance here. COMMISSIONER HENNING: The one is done. COMMISSIONER FIALA: Yes, it certainly is. COMMISSIONER HENNING: So we're not taking something Page 67 January 26, 2010 back, is you're making a strong statement. I would caution you on that. The -- you know, my -- I'm very much in favor of what three of us already discussed here, is 200, 100, and then the 50, so -- CHAIRMAN COYLE: Commissioner Halas -- Commissioner Fiala has a motion on the floor. COMMISSIONER FIALA: For $250,000, yes. CHAIRMAN COYLE: All in favor, please signify saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: All opposed, like sign? COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It fails, 3-2. We know, we absolutely know, that we can get the museum $700,000 plus $80,000 worth of display cases. COMMISSIONER FIALA: By how; how would you do that? CHAIRMAN COYLE: Well, by taking the motion that Commissioner Henning has suggested and that both Commissioner Halas has indicated and I have indicated I would support. COMMISSIONER FIALA: May I ask the city council, now that -- what they're talking about doing is -- 100,000 has already been dedicated from the TDC? MR. POPOFF: Correct. COMMISSIONER FIALA: And -- okay. So it would be 300--- no, I'm sorry -- 250,000 with the Cedar Hames thing -- 250,000. Would you still-- would you still donate 350,000? MR. POPOFF: Well, I would need to take that back to council. But the one thing that concerns me, I mean, Cedar Hames' donation, that's not the county's money, that's not Marco Island's money yet. And we're talking about money that mayor may not happen. I mean, Page 68 January 26, 2010 he -- it was a wonderful, wonderful idea, and I'm certain that he'll do something, and we would be appropriate with that money. But I'm a little uncomfortable hearing a discussion about $50,000 that somebody outside of the county may donate. But once again, we totally appreciate this dialogue, okay. You're going to have a long day here, and we apologize for that. I think the ultimate goal is to get us to the 700-. And I believe that Marco Island City Council -- once again, I can't speak for the council till we vote on it, but I do believe that the council would step up. And I just ask you to do the best that you can for us. I really do. And Mr. Coletta, we understand how you feel. Thank you very much. CHAIRMAN COYLE: Did you want to make that motion? COMMISSIONER FIALA: No. CHAIRMAN COYLE: Does anybody want to make a motion for allocation of any funds? COMMISSIONER HALAS: I'll make the motion that we give $200,000 of new money to the Marco Museum and they -- we -- the Historical Society has $100,000, so that's 350- (sic) and-- COMMISSIONER FIALA: No, 200- and 100- is 300-. COMMISSIONER HALAS: And I'm not sure -- I'll see where this motion goes if somebody seconds it. CHAIRMAN COYLE: Okay. Could I -- could I summarize that breakout and costs a little bit, and if you wouldn't mind a friendly addition, a suggested change. The Board of County Commissioners would allocate $200,000 from reserves. COMMISSIONER HALAS: Right. CHAIRMAN COYLE: And with the $100,000 ofTDC funds that have already been allocated and the promised $50,000 from Mr. Hames and Paradise Advertising, that gives us a $350,000 match for the -- for the Marco Island contribution. Page 69 January 26, 2010 But I would like to go a bit further and authorize the transfer of the roughly $80,000 in display cases, which although they're not entirely relevant to the first phase of the museum, they will be very necessary for subsequent phases of the museum. So I'd like to get that authorized to them before we find some other use for them sometime in the future. So that really gives $780,000 of value to the Historical Society and -- the Historical Museum, and then we -- and to Mr. -- Councilman Popoffs concern, ifMr. Hame and Paradise Advertising does not make the $50,000, I would certainly entertain a reconsideration by this board to make up the difference. So, I'm sorry. Would you accept that -- COMMISSIONER HALAS: Well, I just need a little more explanation about the $80,000. Where does this come from in the display cases? CHAIRMAN COYLE: It's display cases that the staffhas already identified and already set aside for use -- COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: -- by the Historical Society and the museum, and their value -- the estimated value is about $79,000. COMMISSIONER HALAS: Okay. That's in my motion. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Now, they'll have to replace those in a year and a half, so that means this will be coming back to us; according to this agenda, it says they'll be -- CHAIRMAN COYLE: I'm not sure that's true for all of the display cases. I think that's the diorama that you were talking about. MR. JAMRO: No, sir, that -- interpretative panels, the words on the walls and the various graphics. We would be doing those in-house. They wouldn't be laminated, they don't use archival inks., so any -- they do fade over time. And about a year to two years is their maximum, they start to peel and fall off. So they're not a Page 70 January 26, 2010 permanent fixture. But the exhibit cases, some of those date back to 1988. CHAIRMAN COYLE: Well, there's historical quality in that. MR. JAMRO: And you said it very well, Commissioner. They will be needed to fill in as we move through the other galleries, and then eventually they'll be at museum number six, wherever that happens to be. CHAIRMAN COYLE: But was there a second to Commissioner Halas' motion? MS. FILSON: No. COMMISSIONER HENNING: Yeah, I'll second it. CHAIRMAN COYLE: Commissioner Henning seconded the motion. MR. OCHS: Mr. Chairman, I'm sorry. Before you take the vote, if the motion makers would also include authorizing the necessary budget amendments to release those funds out of reserves if this motion passes. COMMISSIONER HALAS: That's in my motion that we will take that money out of the reserves to address this particular issue. MR. OCHS: And authorize the budget amendments necessary to do that. COMMISSIONER HALAS: Exactly. MR. OCHS: Thank you. CHAIRMAN COYLE: And Commissioner Henning, is that in your second? COMMISSIONER HENNING: Authorize the budget amendments for those necessary funds to be transferred. MR. OCHS: Thank you, sir. CHAIRMAN COYLE: Okay. All right. Any further discussion? Did you want to make a comment? COMMISSIONER HALAS: Yeah, I just want to make a comment here. Let's hope that in -- the economic times in a year or so Page 71 January 26, 2010 get better, and then I think we can come back and readdress this particular issue once we -- once this nation gets back on its feet again, and hopefully we can address the shortfalls that Commissioner Fiala and Marco Island is -- that we're addressing today. Obviously it's not what everybody wanted, but we had to come to some type of a compromise, and we also have to look at what our other obligations are. But hopefully in the future this item could come back and be addressed before the Board of County Commissioners when times are better so that we can hopefully take care of the shortfalls. Thank you. CHAIRMAN COYLE: Thank you very much. Any further discussion on the item? (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: Okay. It passes unanimously. Thank you very much. MR. OCHS: Mr. Chairman, that would normally take us back to nine, Board of County Commissioner appointments. You have some members in the audience for items under ten, so it's board discretion. CHAIRMAN COYLE: How quickly can we get through the next one? MR.OCHS: We probably --let's just go to nine then, sir, and keep going. Page 72 January 26, 2010 CHAIRMAN COYLE: Okay. Item #9A CRA RESOLUTION 2010-17: APPOINTING PETER DVORAK (FULFILLING THE VACANT TERM EXPIRING MAY 22, 2010 PLUS AN ADDITIONAL TERM EXPIRING MAY 22, 2013)- ADOPTED MR. OCHS: That takes us back to 9A, which is an appointment of member to the Bayshore Gateway Triangle Local Redevelopment Advisory Board. COMMISSIONER FIALA: I'd like to nominate Peter Dvorak, the committee recommendation. CHAIRMAN COYLE: Okay. Nomination for -- to accept the committee's recommendation, Peter Davorac. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay. There's a 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. Item #9B RESOLUTION 2010-18: APPOINTING CAROLYN ANN Page 73 January 26, 2010 COCHRAN (FULFILLING THE V ACANT TERM EXPIRING MARCH 3, 2010 PLUS AN ADDITIONAL 4 YEAR TERM EXPIRING MARCH 3, 2014) AND JOHN G. (GERRY) BUCK (FULFILLING THE VACANT TERM EXPIRING MARCH 3, 2012) - ADOPTED CHAIRMAN COYLE: Okay. That takes us to 9B. MR. OCHS: Appointment of members to the Bayshore Beautification MSTU Advisory Committee. CHAIRMAN COYLE: Okay. Is there a recommendation? COMMISSIONER FIALA: Yes, I'd like to make a recommendation that we approve the committee recommendations of Carolyn Ann Cochrane and John Buck. CHAIRMAN COYLE: Okay. A motion by Commissioner-- COMMISSIONER HALAS: Second. CHAIRMAN COYLE: -- Fiala to recommend or approve Ms. Cochrane and Mr. Buck, and a second by Commissioner Halas. 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. Item #9C Page 74 January 26, 2010 RESOLUTION 2010-19: RE-APPOINTING ROBERT DORTA AND MICHAEL J. DELATE - ADOPTED MR.OCHS: 9C is appointment of members to the Land Acquisition Advisory Committee. COMMISSIONER HENNING: Make a motion that we appoint Robert Dorta and Michael Delate. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion by Commissioner Henning to accept the committee recommendations for Mr. Dorta and Mr. Delate, seconded by Commissioner Fiala. 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. Item #9D RESOLUTION 2010-20: RE-APPOINTING JAMES W. SIMMONS AND JOHN PENNELL AND CONFIRMING TOD JOHNSON AS THE EVERGLADES CITY APPOINTMENT - ADOPTED MR.OCHS: 9D is appointment of members to the Ochopee Fire Control District Advisory Committee. Page 75 January 26, 2010 COMMISSIONER COLETTA: Motion to approve the committee's recommendations of James Simmons, John Pinnell, and also the Everglades City appointment of Todd Johnson. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion by Commissioner Coletta to recommend -- to accept the committee recommendations in the Everglades City appointment. 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 pass unanimously. Item #9E RESOLUTION 2010-21: REQUEST BOARD TO SET THE BALLOTING DATE FOR THE RECOMMENDATION OF MEMBERS TO THE PELICAN BAY SERVICES DIVISION BOARD BY RECORD TITLE OWNERS OF PROPERTY WITHIN PELICAN BAY - SETTING A BALLOTING DATE OF MONDAY, MARCH 8, 2010 - ADOPTED MR. OCHS: 9E is a request to the board to set the balloting date for the recommendation of members to the Pelican Bay Services Division. COMMISSIONER HALAS: Motion to approve. COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Okay. Motion to approve the Page 76 January 26, 2010 recommended balloting date of Monday, March 8, 2010, for the Pelican Bay Services Division Board by Commissioner Halas and second by Commissioner Henning. 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. MR. OCHS: Commissioner-- CHAIRMAN COYLE: All those opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously, thank you. MR.OCHS: Sorry, Commissioner. Item #10B RECOMMENDATION TO APPROVE THE A WARD OF RFP #09- 5278 AND AUTHORIZE THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH STANLEY CONSULTANTS, INC., FOR DESIGN & RELATED SERVICES FOR THE INTERSECTION CAP ACITY IMPROVEMENTS TO THE US 41 AND CR 951 INTERSECTION AND RESURFACING, RESTORATION AND REHABIUT A TION (3R) ROADWAY IMPROVEMENTS TO CR 951 IN THE AMOUNT OF $1,700,000.00 FOR PROJECT NO. 60116 - APPROVED MR. OCHS: lOB is a recommendation to approve the award of RFP number 09-51 -- excuse me -5278, and authorize the chairman to Page 77 January 26, 2010 execute an agreement with Stanley Consultants, Incorporated, for design and related services for the intersection capacity improvements to the U.S. 41 and CR951 intersection and resurfacing, restoration, and rehabilitation roadway improvements, County Road 951, in the amount of $1,700,000, project number 60116. Mr. Jay Ahmad, your construction and engineering director for transportation services, will present. COMMISSIONER HENNING: Move to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, second by Commissioner Fiala. Any discussion? COMMISSIONER FIALA: Yes, just a question. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Jay, I know we have many pledges from the DCA. I just wanted to know -- we also know that some people have been floundering in their businesses along that area. Are our pledges solid? Is the money coming in? MR. AHMAD: Good morning, Mr. Chairman, Madam. The commitments from the consortium, the DCA, the developer's contribution agreements, we've received to date $3 million, and we are on schedule to receive another million this year. There is a bond, a surety bond just in case. If they don't fulfill their obligations, we could go after the bond. COMMISSIONER FIALA: Okay, fine, thanks. I just wanted to make sure the financing was in place. Thank you. CHAIRMAN COYLE: Now, you're only pursuing the design and related services at the present time? MR. AHMAD: Correct, sir. The design includes reevaluation of the PD&E, the Planned Development and Environmental Studies, that was done by the Department of Transportation for the intersection, and the design also includes bridge study to -- so when we design the Page 78 January 26, 2010 at-grade intersection, this intersection, a bridge can fit -- an overpass bridge can fit in the same footprint as this intersection. So it will look like the overpass, if funds become in the future, available, it would look like an overpass, a bridge overpass that flies Collier over U.S. 41. CHAIRMAN COYLE: Okay. Jay, I just want to make sure that I clearly understand the budgeting by phase. The design and related services that you're asking for authority to proceed with now, how much is that particular phase going to cost? Is it $8.6 million? MR. AHMAD: No, sir. I'll have Norman address this question. CHAIRMAN COYLE: See, that's the problem, because the fiscal impact indicates $8.265 million, and that's not really what you're asking for. MR. FEDER: No, it is not. For the record, Norman Feder, transportation administrator. Mr. Chairman, 1.7 is the cost of the design. What's reflected in the fiscal impact is the total of developer distribution agreement to be collected. As was noted, three million already, another million this year, and the rest before 2012. CHAIRMAN COYLE: Okay. So just to summarize. You're asking for an allocation of 1 point -- MR. FEDER: Seven. CHAIRMAN COYLE: -- 7 million dollars at the present time. You already have collected $8.6 million? No? MR. FEDER: Collected three, and another million will be coming in this year. CHAIRMAN COYLE: Okay. So you've collected enough to cover this phase of operation. So ifthere -- if you don't get any more contributions, you have -- are you not at risk for having -- MR. FEDER: That's correct, for this and the subsequent item that you'll be reviewing. CHAIRMAN COYLE: And I would presume when you proceed Page 79 January 26, 2010 with the next phase, you'll use the same methodology? MR. FEDER: Yes. We have state funds for the project, including the resurfacing 3R and some for the intersection as well as new CIGP money, so the answer to your question is yes for this and for the next item you'll be discussing on the right-of-way. We have the funds available. CHAIRMAN COYLE: Okay. Very good. Thank you very much. Commissioner Halas? COMMISSIONER HALAS: The state funds, have they already been allocated, or is this something that's going to be -- that's proposed by the state? MR. FEDER: Again, this is not being used on this phase or for the right-of-way acquisition, which is the next item, but the state funds are there as we move forward with at-grade construction. And we already have executed the monies for the resurfacing and the intersection with the state. And as I noted, they recently gave us some what's called county-incentive grant program, or it's actually known as CIGP, dollars, even more than our request, about 3.6 million for our use in the future. So all of that is covered, but we -- as the chairman noted, we are not moving on any phases that we don't have the funds available to us already. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Okay. Any further discussion by the board? (No response.) CHAIRMAN COYLE: Okay. All in favor ofthe motion to approve, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. Page 80 January 26, 2010 COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. COMMISSIONER FIALA: Boy, I'm glad you're doing this, fellows. Item #10C RECOMMENDATION TO APPROVE THE PURCHASE OF 1.476 ACRES OF COMMERCIALLY ZONED PROPERTY NEEDED FOR THE CONSTRUCTION OF A STORMW A TER DETENTION AND TREATMENT POND REQUIRED IN CONNECTION WITH THE COLLIER BOULEV ARD/US-41 OVERPASS PROJECT NO. 60116 - APPROVED MR.OCHS: Commissioners, 10C is a recommendation to approve the purchase of 1.476 acres of commercially zoned property needed for the construction of a storm water detention and treatment pond required in connection with the Collier Boulevard/U.S. 41 overpass, project number 60116. Jay Ahmad will present. COMMISSIONER HENNING: Move to approve. COMMISSIONER COLETTA: Second. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, second by Commissioner Coletta. Commissioner Halas, you have a question? COMMISSIONER HALAS: This particular piece of property that we're buying, have we already made a bid on that, and has it been accepted? Page 81 January 26, 2010 MR. AHMAD: Yes, sir. We have negotiated with the property owner for the two parcels, part of this property, and they have accepted our offer. COMMISSIONER HALAS: Okay. And this is the old gas station that sat there; I believe it was a Mobile station or something at one time? MR. AHMAD: That's correct. It's on the northwest corner of the intersection. It used to be a gas station. The tank's been removed, and it's been declared environmentally clear. COMMISSIONER HALAS: So we don't have a brownfield there? MR. AHMAD: No, sir. MR. OCHS: No, sir. COMMISSIONER HALAS: Okay. And this is -- this is actually the right-of-way for the overpass that will be taking place eventually? MR. AHMAD: It's actually for a pond site for the intersection involvements, and some part of that parcel will be used for the overpass widening for the intersection. It is on sale right now. There was a sign for sale. And if it were to be developed, it would have been -- to condemn it, it would have been an expensive ordeal. So we jumped on it and secured it for the future intersection improvements as well as the overpass. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Jay -- I'm sorry, Commissioner Fiala. Go ahead. COMMISSIONER FIALA: Just a quick one. As soon as we -- as soon as the deal is consummated, do we get to mow that thing down, get that derelict building out of there? MR. AHMAD: Yes, we can, yes. COMMISSIONER FIALA: Thanks. CHAIRMAN COYLE: Jay, I just have a question I'd like for you to clarifY here. You talk about impact fees that run with the land. Are Page 82 January 26, 2010 you saying that this person has already paid impact fees although the land has not been developed? MR. AHMAD: It used to be a gas station, so part ofthe gas station, as a development, it -- the impact fees don't -- they run with the development. CHAIRMAN COYLE: Okay. MR. AHMAD: So they are entitled for impact fees. CHAIRMAN COYLE: Yeah, I understand. MR. AHMAD: Correct. CHAIRMAN COYLE: Okay. Thank you very much. Okay. We have a motion to approve by Commissioner Henning and a second by Commissioner Coletta, if I remember correctly. Is there any discussion? (No response.) CHAIRMAN COYLE: We don't have any -- MS. FILSON: Go ahead. 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: Okay. It passes unanimously. MR.OCHS: Commissioners, 10D is a recommendation to consider available options and direct the county manager on how to proceed with the Clam Bay navigational markers. Mr. Gary McAlpin, your coastal zone director, will present. CHAIRMAN COYLE: We've got 12 minutes before lunch. We have 11 speakers. There's no way we can get it done before lunch. Page 83 January 26, 2010 MR. OCHS: Do you want to take another item, sir? CHAIRMAN COYLE: You can either take another item or you can come back from lunch early and pick it up in the afternoon. COMMISSIONER FIALA: Abe Skinner's back there. Maybe we could do him. He's the next one after this. CHAIRMAN COYLE: Abe, what damage can we do for you today? MR. SKINNER: You tell me. CHAIRMAN COYLE: Do you want to speak to us today? MR. SKINNER: Go ahead. COMMISSIONER FIALA: He's the next. Item #lOE RECOMMENDATION TO AWARD BID #10-5396, FOR THE INTERIOR BUILD-OUT OF THE FORMER ELKS LODGE (PLAN B) FOR THE RELOCATION OF THE COLLIER COUNTY PROPERTY APPRAISER, CAPITAL PROJECT NO. 52013, TO BORAN CRAIG BARBER ENGLE CONSTRUCTION CO., IN THE AMOUNT OF $1,407,055; AND TO APPROVE THE NECESSARY BUDGET AMENDMENTS - APPROVED MR. OCHS: If you'd like to hear 10E, sir, that's the one that the property appraiser's here for. CHAIRMAN COYLE: All right. Let's do 10E then. MR. OCHS: Just before we come off of lOB, I want to remind the audience that we have time-certain items at one p.m. and two p.m. this afternoon. So if we stick to those, we probably won't get back to 10D until, you know, quite a bit later in the afternoon. CHAIRMAN COYLE: I really don't want to keep the people waiting here for that period of time. I'd rather -- how long is this one going to take? Page 84 January 26, 2010 MR. OCHS: Not very long, sir. It's award of a contract for an interior finish on the Elks building so we can get the property appraiser moved over there and out of the leased space. CHAIRMAN COYLE: Okay. Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Is there any discussion? COMMISSIONER FIALA: I'd just like to say it was a great presentations, Abe, thanks. 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: And any in opposition? (No response.) CHAIRMAN COYLE: No. It passes unanimously. We'll break for lunch now, but we will start early. We'll start again at 12:50, and -- okay, we'll get to you in just a second, Abe. We'll start at 12:50, and we will take up this item. COMMISSIONER FIALA: lOD. CHAIRMAN COYLE: lOD. MR.OCHS: 10D at 12:50. CHAIRMAN COYLE: 10D at 12:50, and we'll just have to move the other time certain, because there's no point in keeping these people waiting until after those time certains because it's going to be late in the afternoon, way late. Okay. COMMISSIONER COLETTA: Abe wants to say something. CHAIRMAN COYLE: Okay, yes, Abe. MR. SKINNER: Short and sweet. CHAIRMAN COYLE: We're happy to have you here. Page 85 January 26, 2010 MR. SKINNER: Short and sweet. CHAIRMAN COYLE: Okay. MR. SKINNER: I just want to thank the commissioners and county manager and his staff for making this possible, for adopting Plan B. Plan A was not acceptable, and I appreciate that. I don't want to move from where I am. It's an ideal location. I understand the necessity of having to move. The high rent, the price they wanted for the building, but that's a great location, and I hate to move. But thank you very much. CHAIRMAN COYLE: Thank you, Abe. It's always a pleasure working with the greatest property appraiser in the State of Florida. COMMISSIONER COLETTA: How about the world? COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN COYLE: Yes. COMMISSIONER HENNING: Are we going to call him short and sweet from now on? CHAIRMAN COYLE: We can. Okay. We're -- we are having recess for lunch. MR.OCHS: 12:50. (A luncheon recess was had.) MR.OCHS: Ladies and gentlemen, please take your seats. Madam -- excuse me. Mr. Chairman, you have a live mike. CHAIRMAN COYLE: Okay. Thank you very much, County Manager. Item #10D RECOMMENDATION TO CONSIDER AVAILABLE OPTIONS AND DIRECT THE COUNTY MANAGER ON HOW TO PROCEED WITH THE CLAM BAY NAVIGATIONAL MARKERS - MOTION TO ACCEPT OPTION B WITH A $3,000 LIMIT FOR OUT OF POCKET COST AND UP TO $8,000 FOR Page 86 January 26,2010 STAFF TIME (COUNTY ATTORNEY'S OFFICE) - APPROVED MR.OCHS: Sir, you're on 10D. It's a time certain for 12:50. It's a recommendation to consider available options and direct the county manager on how to proceed with the Clam Bay navigational markers. Mr. McAlpin, your director of coastal zone management, is here to report. CHAIRMAN COYLE: Mr. McAlpin, give us a brief overview. MR. McALPIN: Very brief. CHAIRMAN COYLE: We've got three days of public hearings in this room alone. MR. McALPIN: We will be -- we'll practice the three B's. MS. FILSON: Fifteen speakers. MR. McALPIN: Be brilliant, be brief, and be gone. So Mr. Chair, in June of -- for the record, Gary McAlpin, coastal zone management. June of last year you told us to come into compliance with the U.S. Army Corps of Engineers permit for Clam Bay. Coming into compliance with that permit for Clam Bay required that we seek permits from DEP and also from the U.S. Coast Guard. We had to receive permits prior to the fact to install the navigational markers within Clam Bay. We went through the process. We were granted a permit -- we applied for the permit. We were granted the permit by the -- by DEP. We were immediately challenged by the Pelican Bay Foundation. The DEP withhold -- did not move on the challenge and withheld our right by consent by rule. That happened twice. On the third time, DEP came back to us and said that the consent by rule authorization that they had given us was improperly issued. It was improperly issued because of the depth of this estuary. It was not 4 feet. We had provided them that information. DEP came back to us and offered us another solution to come Page 87 January 26, 2010 into compliance with the navigational markers, and that was to seek a consent -- a letter of consent. A letter of consent would require that the county move forward to the board of trustees and the cabinet, petition them to install navigational markers in Clam Bay. That would require that they come down here, do their due diligence. It would be an open hearing in Tallahassee. The Coast Guard has already issued us approval to move about the navigational markers. So Mr. Chair, we have two options that we are seeking the board to give us some direction on today. The first option would be to -- since DEP has denied the permit based on a consent by rule, to go back to the U.S. Army Corps of Engineers and say, we have tried to get the permit, DEP would not issue us the permit, and please close out the U.S. Army Corps of Engineers permit. We are in compliance (sic) because we could not obtain permission to put the navigational markers in. The second approach would be that we seek a consent by rule. This would exhaust all possibilities on our part of achieving the direction from the board. Again, that would go -- we would need to appear in front of the cabinet and talk about -- talk about the issues in front of the cabinet. The Coastal Advisory Committee has approved moving forward with the letter of consent, the second option. They voted 6-2 to approve this. We estimated the out-of-cost expenses for this to be in the range of$3,000. That would be travel time up and back to Tallahassee. And we're seeking direction from you on how to proceed on this item, Mr. Chair. CHAIRMAN COYLE: Okay. Thank you very much, Mr. McAlpin. Now, for all those people who wish to speak on this item today, I would like to point out to you that it is our rule that you may not Page 88 January 26, 2010 register to speak after we have begun the discussions on the item. So we have now, I believe, 15 speakers? MS. FILSON: That is correct. CHAIRMAN COYLE: Fifteen speakers for this particular item. And the way we're going to handle this is that we'll have two people come up at one time, one to each podium so that we don't spend a lot of time waiting for people to come up. We're going to have a very, very long day with a lot of public hearings. Now, I would like to emphasize that this is not a debate today about whether there should be markers or whether there shouldn't be markers. We have had that debate dozens of times in the past. We've heard all the testimony, we've read all the documents, and we have repeatedly made the decisions that we have made. This is merely a hearing today to determine which of two options we take. Do we accept the fact that FDEP has denied the markers, or do we request -- re- file a letter of consent with the board of trustees to determine ultimately what should be done with respect to the markers? Those are the only questions here. Do we accept FDEP's guidance, or do we send a letter -- re- file a letter of consent with the board oftrustees. So that's the only thing we're going to decide today. And Commissioner Henning, would you like to ask a question before we begin the public hearing? COMMISSIONER HENNING: Yes. The Board of Commissioners had a Clam Bay Advisory Board for a year, and they're no longer in existence. Now I understand that you created another Clam Bay Advisory Board. MR. McALPIN: No. The Coastal Advisory Committee created a subcommittee for the Clam Bay Advisory Board under the direction from the county attorney that that was -- they looked to help create this subcommittee to help resolve the issues, Commissioner. COMMISSIONER HENNING: Could you accept -- if we expend -- authorize you to expend $3,000 to appeal this issue, that we Page 89 January 26, 2010 can put this issue to rest whether we win or not? MR. McALPIN: If we -- if we take it to the cabinet and the governor, this is the final issue. It's -- no matter what -- what the outcome of it is, we can't go any further than this. So based on this, we will have it -- the county will have exhausted all avenues to obtain the permits to come into compliance with the Army Corps of Engineers. COMMISSIONER HENNING: And not to exceed $3,000? MR. McALPIN: That's what our estimate is at this point in time. I cannot guarantee that it would not exceed $3,000. Our estimate for out-of-pocket cost is $3,000, so -- COMMISSIONER HENNING: I wouldn't want to authorize -- MR. McALPIN: It may be more. It may be less. COMMISSIONER HENNING: -- $3,000 only to expand a $100,000. MR. OCHS: I understand. I would like -- if the board does go that way ultimately, Commissioners, I would like to come back with a little better estimate just so there's, you know, very clear understanding about what it's going to take. COMMISSIONER HENNING: Well, you know, to me it's really frustrating to say it's going to cost this much but it might be more. We have all the public here wanting to weigh in on this issue, and I would imagine you would come back on just a report on that. When we authorize something like this, especially in these days, that's it. It's not an estimate. That's what you're going to -- want to expend. I think the public demands, you know, openness on that. So -- and I'm okay with expending $3,000 as long as we can resolve this issue. CHAIRMAN COYLE: Could I get the county attorney to weigh in on that issue, because your point is right? MR. KLATZKOW: The board can direct staff that a win, lose, or draw at the next level, that's the end of it; however, there are other Page 90 January 26,2010 parties here and there are judicial remedies. So if the other parties do not like the resolution that they get at the governor's cabinet level, I cannot tell you that they're not going to appeal this. MR. McALPIN: Commissioner-- CHAIRMAN COYLE: But our action to do whatever we're going do here should not exceed the amount of money that has been -- MR. KLA TZKOW: You can direct your staff that this is it. You don't want it to proceed any further. What I'm telling you is that, if we get the result we want out of the cabinet, presuming you decide to go that way, you would not unlikely get an appeal filed, and you could be in -- you could be years in court on this one. CHAIRMAN COYLE: Okay. Very well, thank you very much. And once again, for the benefit of the public, there are no doubt many of you here who are here for Item 7A as a time certain for one o'clock. Unfortunately, we have a time certain that should have been held at 10:45 this morning, but because of time constraints, could not be held at that point in time. lOA (sic) will precede the items 7 A that was previously scheduled for time certain one o'clock. We hope we can get through this quickly. COMMISSIONER FIALA: 10D, lOD? You said lOA. COMMISSIONER HALAS: lOD. COMMISSIONER FIALA: 10D, you mean? CHAIRMAN COYLE: Yes,10D. Did I say lOA? MR. OCHS: Yes, Mr. Chairman. CHAIRMAN COYLE: 10D. Okay, sorry. 10D is the one we're on. And any other questions by commissioners before we have the public comment? Okay. Then we're going to hear the speakers, please. If you hear someone say something that you agree with, it's sufficient to say, I agree with the previous speaker. If you want to Page 91 January 26, 2010 waive your time, if you feel the point has already been made, that's great. And I'll remind you, once again, that this is a meeting to decide whether we will appeal the decision by FDEP concerning navigational markers in Clam Bay. So let's call the first two speakers, and one each come to the podium. MS. FILSON: Linda Roth. She'll be followed by John Domenie. THE AUDIENCE: Can you speak louder? CHAIRMAN COYLE: Can you hear me now? Okay. I'll get closer to the mike. MS. ROTH: Good afternoon, Commissioners. My name's Linda Roth, Pelican Bay resident. I urge the commissioners to vote for Option A because there's no reason for Option B, and there are at least three reasons for Option A. First, the FDEP and FWC have declared that the lateral navigational aids are not appropriate for the Clam Pass/Clam Bay natural resource protection area. They have rescinded the approval for the marker permit. The Army Corps has also stated the county can close out the ten-year permit without any penalty; therefore, closing the old permit . . IS a nomssue. Second, at the CAC meeting on January 15, Mr. McAlpin stated that the whole marker issue ensued when Seagate threatened to sue the county for not installing them. Seagate is -- complaint is based on a misrepresentation of the term U.S. Coast Guard approved navigational aids. This term does not specify U.S. Coast Guard lateral navigation aids. U.S. Coast Guard has non-lateral navigation aids, which are also known as regulatory and informational navigational aids. These aids can provide protection to the submerged vegetation as well as safety to boaters, kayakers, canoers, swimmers, waders, and anglers in the Clam Pass/Clam Bay ecosystem; therefore, Seagate boaters' safety is a Page 92 January 26,2010 nomssue. Third, Seagate's historical boating right is clearly limited Gulf access. Even the Seagate property owners admitted this in their support documents. This limitation is imposed by tides, not by Pelican Bay. In fact, between 1977 and 1999, before the PBSD Tanzia Mangrove Management Plan was implemented, Clam Pass closed six times. Without the maintenance dredging for the mangroves, Seagate would have no Gulf access for many, many months. Seagate demands Clam Bay/Clam Pass to be dredged twice as deep as the current level in their counterproposal to Pelican Bay's proposal to guarantee Seagate's boating access at the current level. This is not Seagate's historical boating right. Therefore, Seagate historical boating right is a nonissue. Since there are no issues, there's no reason to spend $40,000, and easily more, of much-needed tax dollars to go before the governor and his cabinet for some inappropriate markers. Again, I wish the commissioners to vote for Option A and not Option B. Thank you for listening. CHAIRMAN COYLE: Thank you. Did you say $40,000? MS. ROTH: That is, one of the CAC committee members said, that to do this, it's going to -- a minimum of at least $40,000. CHAIRMAN COYLE: That's not what this executive summary says. MS. ROTH: Yeah. Well, that's what -- but to be realistic, you know, to go to Tallahassee and present a case in front of the governor and his cabinet is not going to be $3,000 if you have any -- CHAIRMAN COYLE: I've done it for free, okay. MS. ROTH: Oh, okay, yep. CHAIRMAN COYLE: Thank you. MS. ROTH: Well, you can ask-- CHAIRMAN COYLE: Mr. Domenie? Page 93 January 26, 2010 MS. ROTH: -- the cabinet to do it for free then. MS. FILSON: The next speaker is John Domenie. He'll be followed by Ted Raia. Mr. Raia, can you come up, please. MR. DOMENIE: Commissioners, for the record, John Domenie. Gary, 1 think you're starting to get gray hair from all this back and forth. Pelican Bay has been accused by residents of Seagate and the city as interfering with their historical water access to their properties. This week you, the commissioners, received a long email plus six attachments from David Buser, who identifies himself as, and I quote, proud Collier County taxpayer and member of the general public. I think all of us here are -- fall in that category. One of the six attachments is very significant. It is a letter written by Jon C. Staiger, Ph.D, natural resources manager for the City of Naples, addressed to the Bureau of Beaches and Coastal System in Tallahassee on July 8, 1997. You have a copy ofthe letter, but I will leave a copy here. It contains some very significant historical information. In paragraph two on Page 2, Mr. Staiger says, quote, Seagate residents are familiar with the shoals, bars, and grass beds that lie between their canals and the pass and they understand their ecological value. They also understand that an unimproved inlet and its approaches will obviously not be navigable at all stages of the tide, and there may be days or weeks when it is not navigable at all. That is the existing situation, and they, the Seagate residents, do not seek to change it, unquote. I think this is a rather strange statement coming from this gentleman because it confirms our position. You also received a detail legal opinion from Steve Feldhaus from the foundation. Now you're being asked to spend 11,000, because it's 3,000 plus 8,000, to pursue navigational markers in this area, although one member of the appoint- -- one member appointed Page 94 January 26, 2010 by you to the CAC stated at the last meeting that he believes such a step will cost $40,000 or more with absolutely no assurance of a rapid, favorable solution. Gentle- -- ladies, excuse me. Commissioners, I do not envy your position in having to make the decision on this matter today. Thank you very much. MS. FILSON: The next speaker is Ted Raia. He'll be followed by Bob Naegele. DR. RAIA: Commissioners, my name is Ted Raia. Thank you for this opportunity. I am a member of the Pelican Bay Service Division, but I am not speaking for them. I may take a little bit longer. In do, there are at least two people who will surrender their time to me, and they will surrender it regardless if I -- CHAIRMAN COYLE: Let's identify them right now. Who are they? MS. GREGERSON: Annise Gregerson. MS. BOLEN: Mary Bolen. Did you hear those? MS. FILSON: No. Harry Baldwin? DR. RAIA: Mary Bolen, I believe, is the name. MS. BOLEN: Mary Bolen, B-O-L-E-N. CHAIRMAN COYLE: And the first lady? MS. GREGERSON: Annise, A-N-N-I-S-E. DR. RAIA: Annise Gregerson. MS. FILSON: Okay. CHAIRMAN COYLE: Okay, good. Thank you very much. DR. RAIA: It's my recommendation to the Board of County Commissioners that you take Option A and not go forward with this. I have a letter here from the Corps of Engineers. It states, it has come to the U.S. Army Corps of Engineers' attention that the navigational markers have not yet been installed. Installation of these Page 95 January 26, 2010 markers is, indeed, a requirement of the Department of Army permit. This has been the position of the former county manager from its -- from the inception of this problem. The service division had held that the markers were information or regulatory markers, not lateral navigational markers. The county held the opposite position. Because we did not want to install the lateral navigation markers, the county took away the responsibility of Clam Bay from the Pelican Bay Service Division. I have here -- this is just -- this is the -- just -- what I'm demonstrating here are the aids to navigation. Navigation markers is a general term. It encompasses lateral navigation markers which, by the way, are not regulatory, are not prohibitory, as was described in the permit. The county sheriff does not monitor enforcement of lateral navigation markers. It was important that we narrow down the definition, what does the Corps of Engineers mean by navigation markers? Well, I contacted them and I emailedyouthis.This is their reply: Yes, the placement of the non-lateral information signs and the canoe trail markers by the Pelican Bay Service Division does satisfy the requirement referred to in the Department of Army permit. We were always incompliant. We were ready to install the signs. The county stopped us. They said, no, you're not to put -- you will not do anything with Clam Bay. We were ready. We would have been in compliance two years ago. No, the Corps' definition of navigability does not require the placement of lateral navigation signs that denote safe passage as defined by the NOAA for navigability. You know, this is really -- we would not be here today if we had gone through the trouble to define what people are talking about. Now, related to this issue, I wanted to call to your attention -- this is chart 11430. For decades, this chart has on it listed under Clam Pass as non-navigable. Suddenly, a new chart has come out and the Page 96 January 26, 2010 non-navigable has been removed. I queried NOAA to find out how this could have happened. And the response I got from them was, the first source was the president of the Seagate Homeowners Association that borders Clam Pass. This source referenced U.S. Coast Guard and u.s. Army Corps of Engineers documents indicating that this is navigable. The second source was the mayor of Naples, who also stated the water was navigable. When I'm finished I would like to have a reply. Did they consult the Board of County Commissioners of Collier County? The Clam Pass and over 95 percent of Clam Bay is in Collier County. It is not in the city. Now, they changed -- they managed to get that changed, but I want to read from the Coast Pilot. The Coast Pilot explains in detail what is referenced in your chart, in your navigation chart. In general, the Gulf of Mexico, coastal United States from Key West, Florida, to Rio Grande, is low and mostly sandy, presenting no mark natural features to the mariner approaching from seaward -- seaward. Shore water generally extends well offshore. Inside navigation. Going inside Clam Pass is considered inside navigation. Navigation on the waterways covered by this volume requires a knowledge of the channel conditions and other factors restricting navigation. The responsibility is put on the user. This is very important, because if you install navigation signs, lateral navigation markers, you are telling the public that you have safe passage between the red and green markers. A boater can go any- -- a boater can go anyplace. He can go outside the markers or stay inside the markers. If he goes outside the markers, ifhe gets stuck, it's his responsibility. But ifhe stays in the markers where you told that boater he has safe passage, you have resumed -- assumed the responsibility. So I will now reference the approval by the U.S. Coast Guard. Page 97 January 26, 2010 Yes, the request was granted. Anybody can really request to put private aids of navigation in, but there are certain conditions. This does not authorize any invasions of private rights, and there may be serious invasion of private rights here, nor grant any exclusive privileges, not does it obviate the necessity of complying with any other federal, state, and local regulations. Right now this approval is not in effect because the DEP has denied -- rescinded the approval, but also the Florida Fish and Wildlife Commission has rescinded their approval. Now, for any reason or other, it has been stated that, well, they don't -- they have no authority to grant the approval. If they have no authority in granting the approval, why did they request the approval? Then it continues. Private aids to navigation must be maintained in proper operating condition. A discrepancy exists whenever an aid is not displaying the characteristics as per the approved application. Any discrepancy in operation of an aid at any time shall be promptly reported. Discrepancy ought to be corrected immediately. So if you have a sign that says it's safe passage and it's not safe because of the conditions there, you have to repair it right away. And if you don't, ifthere's any damage, anybody hurt, anything, you are held liable because the applicant agrees to save the Coast Guard harmless with respect to any claim or claims that may result from the alleged negligence in maintenance or operation of an aid. Now, again, I strongly recommend that you stop this now, because this is only going to cost us more money. This should not have cost us one penny if in the beginning we recognized that the service division was in absolute compliance with the permit. Thank you very much. CHAIRMAN COYLE: Dr. Raia, you asked a question about whether or not the mayor or the president of Seagate association had coordinated with us? DR. RAIA: Yes. Page 98 January 26, 2010 CHAIRMAN COYLE: I am not aware of any such coordination by either of those. I don't recall receiving any correspondence concerning any of that -- that communication between them and NOAA or any other agency. But I would say to you that such approval is not necessary. Any citizen in Collier County can write any governmental agency and make any claim that they wish to make or provide any amount of information they wish to make without clearing it with us. So nobody has to clear anything with us. So I think that answers your question. DR. RAIA: Well, since it-- CHAIRMAN COYLE: Mr. Naegele? DR. RAIA: I appreciate that, but since it was coming from the mayor and an association, the housing association that comprises no more than 7,790 people, and we have an association of6,500 people, and we have a commission -- a commission that rules the county, I would like to see your waters protected by -- CHAIRMAN COYLE: Dr. Raia, you're certainly not suggesting that Collier County suppress the ability of an individual citizen to make a request of its government. So it's not a valid concern or issue. Mr. Naegele, please. MS. FILSON: The next speaker is Bob Naegele. He'll be followed by Robert Rogers. MR. NAEGELE: Thank you very much, Mr. Chairman, members of the commission. Bob Naegele, chairman of the Pelican Bay Foundation. As Ted stated, we represent 6,500 homes, 13,000 residents, and that's our governance situation up in Pelican Bay. And I -- you received something from Steve Feldhouse, our secretary, which I believe aptly describes our position, and we would encourage the commission to adopt alternative A. Thank you. CHAIRMAN COYLE: Thank you, Mr. Naegele. MS. FILSON: The next speaker is Robert Rogers. He'll be Page 99 January 26, 2010 followed by Sue Black. MR. ROGERS: I'll be as quick as possible. Robert Rogers, 5264 Seahorse Avenue. I am probably the most impacted resident of Collier County with regard to this issue. My lot is at the end of Seahorse, and it faces out into the entire bay. I will see everything that goes on. Not that that gives me any great standing, but I am -- with great deference to what Commissioner Coyle said, that -- tell you whether we want A or B. Obviously, as a representative of Seagate, I would like for them to go forward with the permitting process. But in essence is, depending on what you pick you, in essence, are going back to all the old arguments which you're hearing recited today which have been -- having been on the Clam Bay Advisory Committee, I could have repeated for you word for word, I've heard them so many times. But I do want to read just two quick things, then I'll stop. David Buser, our former president, did send you-all some documents. In those documents, David attached a special conditions to the permit certification from 1985. In those special conditions, item number 13, it states, the county shall install navigational aids along the primary channel in Clam Bay. We all know that. We've seen it. We know all that. As part of that application process and what that application -- or one thing that application included was the bridge that is a drawbridge which separates Outer Clam Bay from its access to the Gulf. That bridge was installed. There was much chagrin about installing that bridge. As a matter of fact, the Pelican Bay Homeowners Association sent a petition from their attorney, Larry Farese, in which they said, you should not construct that bridge, because construction -- and this is a quote -- and use of the boardwalk would adversely impact navigation. That's from 1985. That was Pelican Bay's position at that Page 100 January 26, 2010 time and, of course, they're right. It does impact navigation. The permitting authorities came back and said, hey, we'll make it a drawbridge. So the navigation issue, as you excellently stated, has been addressed. We would ask that you please go forward with the final step. If it gets denied, it gets denies. If it gets approved, the markers get put in. CHAIRMAN COYLE: Thank you very much. Good seeing you again, by the way. MS. FILSON: The next speaker is Sue Black. She'll be followed by Jim Pelton. MS. BLACK: Hi, Sue Black, resident of Seagate. And I just took a photograph this morning. I didn't have time to print it, but I'm asking -- can I show you this? Pass it around? CHAIRMAN COYLE: Can -- you can't put it on the overhead, can you? It won't work. COMMISSIONER HENNING: Here, I'll take it. CHAIRMAN COYLE: All right. We'll pass it. COMMISSIONER HENNING: You got the cord to this so we can download pictures? MS. BLACK: No, I didn't bring it. It's just -- COMMISSIONER HENNING: Well, bring it to me. I'll take pictures later on. MS. BLACK: It's a picture of Clam's Bay (sic) marker that we currently have. A lot of crustation on it. It apparently is marker number eight. You can't see it. You see just a zero. I vote that we try to pursue this all the way to the governor. So, again, to reiterate some of the folks that have already been up here, please vote for Option B. We need some sort of markers. CHAIRMAN COYLE: Okay. May we keep this? MS. BLACK: You may. CHAIRMAN COYLE: It becomes part of the public record. Page 101 January 26,2010 MS. BLACK: Not my camera? CHAIRMAN COYLE: Oh, yes, yes. You gave it to us. COMMISSIONER HENNING: Thank you. MS. BLACK: No. My kids' pictures are on there. COMMISSIONER HENNING: We'll send them to you. MS. FILSON: The next speaker is Jim Pelton. He'll be followed by Richard Dykman. MR. PEL TON : Yes. We built our home in Seagate in 1973, moved down here permanently in '85, and we've been boaters all those years. And you add it up, roughly almost 40 years now. And we've been back into the -- into the mangrove, clear back to the Ritz Carlton, even before it was built, hundreds of times, and we've run aground hundreds of times. We know the channels, but they move sometimes. And also, if the water's mucky, we have run aground. And it could have been dangerous, especially with small children and so on. So we -- I believe we should have the markers, they should be very distinctive, should be the lateral markers. We need them, in particular, at the inlet of Clam Pass where the tides come and go, very strong, and the people need to be aware that boats do come in and out of there. So we do need the markers and hope you will move forward with proposition -- with B. Thank you very much. CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker is Richard Dykman, and he'll be followed by Martha Dykman. MR. DYKMAN: Thank you very much. My name's Rick Dykman. I've lived in Seagate since 1984, and I'm on the board of Seagate. And I -- Dave Buser did send some information out, which we made available to all of you yesterday. Hopefully you got it. And I thought it was quite interesting. Robert's already talked a little bit about a couple of things, but Page 102 January 26, 2010 there's a couple of other things, and one is the actual Clam Bay Restoration Management Plan which clearly states that the main channel will be marked in accordance with the requirements imposed by the United States Coast Guard and ensure that those who use the system clearly know where the channel is and prohibits against operating their watercraft outside the same. That was 11 years ago that document was put together. That was supposed to be done. It wasn't done. And the agent that worked for the county, Pelican Bay Service District, just, I guess, decided not to do it. I don't know why they decided not to do it. It's clearly in the permit. And I think that that's important. I heard a gentleman a minute ago say, well, gosh, you know, if you'd just looked at it, we wouldn't even have to be here today. I would tell you if they did what they were supposed to do 10 years ago, we wouldn't be here today. So I think that's -- I think that's important. The other thing is, there's an ordinance here, 96-15, which talks about the right of boating of motored vessels in Clam Bay. This was filed with the State of Florida with a drawing of that signage on April 12, 1996, but to the state. And, you know, the DEP was part of this, Pelican Bay was part of this. Everybody was aware of this, and it talks about seagrasses and protecting the environment, but allowing small boats with small motors. And I don't know -- you know, frankly, I'm not sure why we're even here today, since the DEP was involved in this very same thing. It makes no sense to me. I would encourage you to support what the CAC passed, and let's take this thing and do the final thing with it and see what happens. And if it doesn't happen, it doesn't happen, but I think we've come a long way. And I think Pelican Bay's obstinance about doing what was in these permits has caused this problem. So I hope you vote that way. Thank you very much. CHAIRMAN COYLE: Thank you. Page 103 January 26, 2010 MS. FILSON: The next speaker is Martha Dykman. She'll be followed by Michele Safron. MS. DYKMAN: Martha Dykman, 5040 Seashell. I think about you County Commissioners and how, so much that you deal with the last eight years -- all of you have served seven years at this point -- have been because of the last County Commission, that they didn't take care of the problems. They made bad decisions. This was a bad decision, allowing Pelican Bay Service Division Board to run the system with no input from the people that also are neighbors in it. We did fight it legally. How this all came about is Ted Brown, who WCI and the Pelican Bay Service Division hired when the mangroves died off, they were putting the plan together. We were involved in it. The city was involved with it. Maybe even Fred Coyle was a city councilman, I think, at the time. And how it all came about is, Pelican Bay was going to need to dynamite mangroves up at the north end to clear some channels because of -- the flow was being constructed to the point that they wanted to find new historical channels. And so he said, well, when we go to the state agencies, this is our plan. Our plan is to go to the state agencies and we're going to say, this is a completely passive system. It gets no use except for a few kayaks and canoes and, therefore, we should be able to do major dredging and blast mangroves with dynamite and all this, and dig trenches. And I was there present at the time. I go, wait a minute. It's not a passage system. You know, we have boating rights. We're not going to agree that you can go and say it's a passage system. He said, well, I think we've got the best chance of getting all this approved if we say there's no -- nothing -- no active. And so we took it, we hired an attorney, and we -- once we used all of our money up for that attorney, JeffFridkin, who is a neighbor and also an attorney, he took it from there. And we came up with a compromise. And Dr. Woodruff, our city manager at the time, got the Page 104 January 26, 2010 compromise, and it got through and it went -- it got in the -- got in the document for the new plan, was that we would agree to go no wake and the area would be marked, and nobody fought it. But what Pelican Bay Service Division did, without any of our approval, they decided to come in there, and instead of marking it correctly, they put canoe and kayak markers up instead. First of all, they're not even high enough, so at high tide they're under the water, which causes a real serious problem for somebody that's boating, because you don't see them under there. Second of all, it created a hostile environment for us, because when we're in there, and we've been boating for 50 years, all of a sudden people are bringing their kayaks in there from outside the area, and they think we don't belong in there, and they're saying nasty things to us. Then it doesn't help when the Pelican Bay Service Division, in all their different letters and all their public things saying it's a -- not a navigable area. And then when we -- like, we used to have a boat, we'd go out in the morning. Nobody'd be there. We'd come back, and then people would be blocking us from coming to our houses saying we have no right to be there. So please, please, take this to the second level. Thank you. CHAIRMAN COYLE: Thank you, Mrs. Dykman. MS. FILSON: The next speaker is Michele Safron. MS. WU: She had to leave. MS. FILSON: Sarah Wu. She'll be followed by Ernest Wu. MS. WU: Good afternoon. My name is Sarah Wu, and I'm a resident of Seagate. Thank you for the opportunity to speak this afternoon. I will keep my comments brief. To be frank with you, Seagate residents are really tired of being jerked around on this issue. Navigational markers are long overdue. To be clear, Collier County is obligated to place the markers. The u.s. Army Corps of Engineers has said in writing three times in the Page 105 January 26, 2010 past year that you're obligated to put Coast Guard-approved navigational markers. Back in June, you approved the installation. You did so because you realized your duty to fulfill the permit obligations. You also recognized that the markers are necessary because they will help to ensure the safety of the boat -- people boating in this system and those swimming in the Pass. You also acknowledged that they are important because they will help to protect the valuable underwater resources of the system. To date, the county has not fulfilled the requirements of the 1998 management plan. And in doing so, you have jeopardized public safety. The woman that was supposed to speak before me, Michele Safron, who couldn't stay until now, wanted me to make sure you knew that she has a 13-year-old son who likes to take out his fishing boat. She wants you to think about his safety. If you decide not to pursue the letter of consent, you're putting his -- her family's safety on the line. So you are obligated to pursue the letter of consent. Thank you. MS. FILSON: The next speaker is Ernest Wu. He'll be followed by Jerry Moffatt. MR. WU: Ditto what she said. No. Good afternoon, Commissioners. Ernest Wu, Seagate resident. President of Seagate Property Owners Associations. Just a few points here. One, of the packet that Dr. Buser gave you, I found interesting was concerning the construction of the drawbridge and that DER, the preceder (sic) ofDEP, wrote in there, you must put in navigation markers within 30 days of this drawbridge, and you should submit it to the Punta Gorda office. That was back in the '80s. Ifwe had done that, we wouldn't be here today. Ifwe had done back (sic) what the '98 Clam -- restoration permit had done, we wouldn't be here today. Page 106 January 26, 2010 So -- and if we don't do it now, we're going to be back here in another ten years, and we're still going to be blowing thousands -- hundreds of thousands of dollars wasted. My second issue was that you received a letter from the City of -- mayor of City of Naples fully supporting pursuing the markers. They, too, are a part of Clam Bay. They've contributed money to help improve Clam Bay, and you know, their unwavering support has been helpful, I think. Last, a lot of these arguments have been all rehashed. We've voted, discussed, yes, markers. Discussed again, yes. Discussed ad nauseam. It's always been, please put in those markers. I just don't want to lose the fact that, yes, there is a permit. But the real reason, the humanistic reason why we even show up to these things is really about safety of our families and our boaters and, two, to protect the underwater resources, mainly the seagrasses so people don't run aground on them. Thank you very much. MS. FILSON: Mr. Chairman, your final speaker is Jerry Moffatt. CHAIRMAN COYLE: Thank you. MR. MOFFATT: Jerry Moffatt, Pelican Bay. I'd like to look at the fiscal impact of what you're about to decide. Before I make a decision, I always look at what the likelihood of success is going to be of making that decision. I can't understand why the governor's cabinet would overturn the work and word of two major departments in the state, but that's something you need to decide. I'm also -- keep in mind commissioner Halas' comments earlier today about his concern about a $26.7 million shortfall in the county budget. We say we're only looking at $3,000. I also was at the CAC meeting and heard a $40,000 number. I guess I have a couple suggestions of how to protect Collier County. One is, put a cap on that amount. If it's $3,000, cap it at Page 107 January 26, 2010 3,000. Don't allow any more money to be spent than that, or whatever number you come up with. Don't accept coming back for more money after the fact. Second thing, as Dr. Wu just said, the mayor of Naples has an interest in this. Perhaps they would be interested in paying half of the cost. So those are my two suggestions. Cap the amount, whatever it is, and ask the City of Naples to pay their fair share. Thank you. CHAIRMAN COYLE: Thank you, sir. MS. FILSON: That was your final speaker, sir. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Henning? COMMISSIONER HENNING: Well, I'm willing to -- as long as the board understands -- THE AUDIENCE: Speak louder. COMMISSIONER HENNING: As long as the board understands, if we're going to spend $3,000, whatever the decision is, if the decision is -- the appeal decision is to withhold the staffs position, meaning Florida Fish and Wildlife, that's what it is. And if we go further, we know there's going to be more community resistance and -- on either side. So I'll make a motion that we authorize staff to spend up to $3,000 to appeal the Florida Department of Environmental Protection's -- is it permits, or -- MR. McALPIN: It would be to move forward to -- with a letter of consent, to move forward with an application for a letter of consent in front of the board and cabinet. COMMISSIONER HENNING: That's my motion. COMMISSIONER FIALA: That's Option B? COMMISSIONER HALAS: That's option B. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: I have a question of clarification. The Page 108 January 26, 2010 staff has said that it would be $3,000 of out-of-pocket costs and less than $8,000 in staff time. So would, Commissioner Henning, would your motion include the staff time costs associated with this? COMMISSIONER HENNING: Well, I understand that $3,000 is mainly going to comprise of travel time. So I will include into my motion not to exceed $8,000 in staff time, $3,000 in other expenses. COMMISSIONER FIALA: In my second, too. CHAIRMAN COYLE: Okay. Let me clarify. COMMISSIONER HENNING: We want an accounting of every penny. CHAIRMAN COYLE: County Attorney, is that a realistic estimate? MR. KLATZKOW: Of out-of-pocket, yeah, because the out-of-pocket is -- assuming I've got the experts on staff, you know, and, you know, we think we do, your out-of-pocket's really, at the end ofthe day, some filing fees and traveling to Tallahassee. As far as the staff time goes, staffis here anyway. My staff is here anyway. You know, we're going to put a vigorous effort into it if that's the way the board wants to do it. I'm not going to cap my time because I don't see the point in doing this and doing a half-hearted effort. But as far as out-of-pocket costs go, yeah, $3,000's fine. CHAIRMAN COYLE: Okay. MR. KLATZKOW: I mean, the $40,000 would include outside attorneys' costs and experts' fees. That's where you get the $40,000. We're going to do it in-house, and we can do it much cheaper than that. CHAIRMAN COYLE: Okay. All right. Commissioner Halas? COMMISSIONER HALAS: I understand that this item is very contentious between the city and Pelican Bay, but we also have to Page 109 January 26, 2010 look at, it's not only the citizens in these two communities, it also affects the citizens of all of Collier County one way or the other. So hopefully we will get an understanding of where this needs to go, and once it goes before the governor and his cabinet, then we'll see where it happens from there. And whatever that decision is, I believe that the Board of County Commissioners will live with it. But let's remember that this affects all people who are interested in kayaking or boating who live outside of these two communities. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. The Florida Department of Environmental Protection twice approved concept (sic) by rule and dismissed the Pelican Bay Foundations' -- THE AUDIENCE: Speak louder. COMMISSIONER COLETTA: -- request for hearings based on this rule. Recently, however, the Florida Department of Environmental Protection has changed directions indicating the consent by rule authorization was improperly used. I'll tell you what my concern is is the way this seems to drift in and out from one direction to the other. I think this is politics at its worst, and I hope the governor and his cabinet will look into this particular direction that took place. It's -- what happened in here and how they changed their mind, what came in to be able to make this difference, I want to know the answers to that. This has become a political football, and the person that's going to prevail on this, according to what I'm reading here, is whoever's got the most money. That's not the way this government should be run. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. The reason for my second is mainly because I'm concerned with the safety of our residents, all of the residents of Collier County. Also, the protection from -- of the seagrasses, and I think that that's important and we must do that. And also, being that the markers were in the permits in the first place back Page 110 January 26, 2010 in the '80s and just have not been done, I just feel that we need to have a further investigation so that we can end it properly. I don't want to choose one community over another, and I hate to see one community fighting another. It's almost like, you can use my waters, no, you can't use my waters. I just want to be concerned with our safety of our residents. That's what it's all about. CHAIRMAN COYLE: Okay. Very well. We have a motion to approve Option B with a limit of$3,000 on out-of-pocket-- out-of-pocket costs by Commissioner Henning, and a second by Commissioner Fiala. Is there any further discussion? Commissioner Henning? COMMISSIONER HENNING: I just want to recognize, the motion was to expend $3,000, like the fiscal impact says, of out-of- -- of expenses up to $8,000 of staff time. COMMISSIONER HALAS: Yes. COMMISSIONER HENNING: That's what the motion was. CHAIRMAN COYLE: Okay, okay. Very well. The motion reads that the effort will be limited to out-of-pocket expenses to be less than $3,000, and staff time and expenses can be expected to be less than $8,000. COMMISSIONER FIALA: For Option B. CHAIRMAN COYLE: For Option B, that is correct, yes. 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 carries unanimously. Page 111 January 26, 2010 MR.OCHS: Ladies and gentlemen, please take your seats. In could please have everyone take their seats so we could continue the meeting. Thank you very much. CHAIRMAN COYLE: Leo, could you check the volume on these mikes. Some people have said they can't hear in the back. MR. OCHS: Yes, sir, we'll check. CHAIRMAN COYLE: Okay. It's okay? It's okay in the back? All right. Item #7 A RESOLUTION 2010-22: V A-PL2009-1460 MICHEL SAADEH OF THE VINEYARDS DEVELOPMENT CORPORATION IS REQUESTING A VARIANCE OF 34.6 FEET FROM THE MINIMUM 50-FOOT SETBACK REQUIREMENT FROM ABUTTING RESIDENTIAL DISTRICTS OF ORDINANCE NO. 91-75 (THE VINEYARDS PUD) TO ALLOW A 15.4-FOOT SETBACK FOR A MAINTENANCE BUILDING FROM AN ABUTTING RESIDENTIAL DISTRICT; AND A VARIANCE FROM THE lO-FOOT WIDE BUFFER WIDTH REQUIREMENT OF LAND DEVELOPMENT CODE (LDC) SUBSECTION 4.06.02 C.1. TO ALLOW ALL THE REQUIRED PLANT MATERIAL TO BE LOCATED IN SEPARATE 10-FOOT WIDE BUFFER AREAS ADJACENT TO THE AFOREMENTIONED ABUTTING RESIDENTIAL DISTRICT. THE 1.21-ACRE SUBJECT PROPERTY IS LOCATED AT 400 VINEYARDS BOULEVARD, IN SECTION 8, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. - ADOPTED W/CONDITIONS COMMISSIONER FIALA: Now we're on to 7 A, right? MR.OCHS: Commissioners, you're now ready to move to your advertised public hearings. You have a one p.m. time certain. It is Page 112 January 26, 2010 Item 7 A in your agenda, Board of Zoning Appeals. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's V A-PL2009-1460, Michael Saadeh of the Vineyards Development Corporation is requesting a variance of 34.6 feet from the minimum 50-foot setback requirement from abutting residential districts of ordinance number 91-75, the Vineyards PUD, to allow a 15.4- foot setback for a maintenance building from an abutting residential district, and a variance from the 10-foot-wide buffer width requirement of the Land Development Code subsection 4.06.02 C.1, to allow all of the required plant material to be located in a separate 10-foot-wide buffer areas adjacent to the aforementioned abutting residential district. The l.2-acre -- excuse me -- the 1.21-acre subject property is located at 400 Vineyards Boulevard in Section 8, Township 49 south, Range 26 east, Collier County, Florida. Would you like to swear in the speakers? CHAIRMAN COYLE: Yes. Everyone who is going to provide testimony in this hearing please stand and raise your right hand. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN COYLE: Yeah. So there's no confusion, this is not the hearing for the tennis club, okay. This is only a hearing for the Vineyards, okay. We will be with the tennis club a little bit later. Thank you very much. You can all sit down now. MR. OCHS: Ex parte, sir. CHAIRMAN COYLE: Yes, we'll do that, starting with Commissioner Henning. COMMISSIONER HENNING: Thank you. Had meetings with Tony Pires and the residents of Clubside. I visited the site. I met with the applicants. I received the Planning Commission staff report. I received a voluminous amount of written correspondence, emails. Thank you. Page 113 January 26, 2010 CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. I also met with the petitioner, Michael Saadeh. I met with Tony Pires and the residents of the area. I also met with Mark Strain and talked to him at great lengths on it. I talked to staff. I received correspondence and email. And it's all in my folder for anyone that wishes to view it. CHAIRMAN COYLE: Very well. I have also talked with Mr. Saadeh, and I have performed an on-site visit. I have had a meeting with Attorney Tony Pires and residents of the area that he represents. And correspondence, communications are all contained in my public folder available for inspection if any of you would like to read it while we're deliberating here today. Commissioner Halas? COMMISSIONER HALAS: Okay. Good afternoon, ladies and gentlemen. I also had met with Michael Saadeh on 1/5 two oh nine to discuss this, and I discussed this with him prior to going to the planning board; and I've discussed this with staff and obviously, along with Commissioner Coyle, I have received a lot of email in regards to this particular item. And I don't have any other thing to bring forward. And as Mr. Coyle said, that -- anybody would like to read all these emails.you.re more than welcome to it. Thank you very much. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Do I need a sign? CHAIRMAN COYLE: No, not yet, but later in the day you'll need a sign. COMMISSIONER FIALA: Okay. Just a personal joke, we have to put signs up with our names. Sometimes we forget. On this item I met with Michael Saadeh in my office, I also met with Tony Pires, and I think there were about five people with him from Clubside. I received this from Tony Pires and completely went Page 114 January 26,2010 through that. I also received many emails and so forth. I have them all here for public viewing if necessary. CHAIRMAN COYLE: Thank you very much. Mr. Saadeh, go ahead, please. MR. SAADEH: Good afternoon, Commissioners. My presentation's going to be twofold, with your consent, please. I have to address your issue, and then I have my associate, who's my in-house counsel, Robert Rogers, would like to address the -- some of the ideas that Mr. Pires brought up in his recent correspondence with you, and as well, he would like to discuss an appraisal that we just made to your offices earlier in the day. And we have some support in the room. I've asked all these guys to concede their time so we don't eat up a lot of your time. At the proper time I'd ask them for a show of hands, and that's it. So it's just going to be me and Mr. Rogers, with your consent, please, for the presentation. CHAIRMAN COYLE: Thank you. Please proceed. MR. SAADEH: Okay. I'm Michael Saadeh. I'm the president and CEO of Vineyards Development Corporation, and it is the same entity that owns Vineyards Country Club. I've been with the Vineyards since its inception in 1986. Back in 1987, we had started construction on the Vineyards Country Club, and one of the support facilities was the maintenance building that's existing right now on this same site we're talking about. At the same time we built the berm to -- around the facility, and we landscaped it very heavily. The site where Clubside Reserve is now was temporarily a water and sewer treatment plant, because the county did not have any facilities to service the Vineyards. And the agreement was, as soon as the county delivers water and sewer services, that we will dismantle the existing utility site and go about with our business. So sometime in '95 -- sometime in the early '90s the county Page 115 January 26, 2010 provided service to the Vineyards, and in 1995, we submitted a plan to come into the county and change the site from utility to residential. And one of the exhibits that's on the wall displays that. This exhibit -- this exhibit would show where the existing maintenance facility used to be and is still now. This dashed lines was the old site of Clubside Reserve. This site is in -- in its entirety is the Clubside Reserve site. And when -- it used to be the utility site, the water and sewer treatment plant site. So in '95 we requested that we remove this berm, we clear this community, and create the proper separation between our building and what was to be Clubside Reserve, and I'll get to that a little bit later in the presentation. The existing uses on that site have been there since 1986, 1987. So that maintenance facility, all its associated uses, all the activities that come with it, all the mowers and the lawn activities and the noises and everything else that they're going to tell you about, it's all been there and has been there since 1986, 1987. We believe that if this maintenance facility was such a detriment, we would have not had any success in the inception selling this project, much less selling it and selling it over. Recently, due not just to economic conditions, but due to a change of ownership of the Vineyards Country Club that happened a few years ago, we've decided to start purchasing equipment versus just leasing the equipment that we have. So to protect the equipment that we have, we decided to propose the building that we have in front of you today. During the hearings early on in the Planning Commission it was brought up that -- I'm going to show you some pictures. They're on the record. I'll give you some extra copies of them. There is a snapshot of one or two pictures that show a few pieces of equipment sitting outside, and Mr. Pires interpreted that to be, that's all we're trying to protect. Page 116 January 26,2010 This picture was not staged, obviously, and it was done during the day when most of the equipment was on the golf course. But for the record, as a final count, the Vineyards owns 67 -- Vineyards Country Club, to be specific -- because they're going to tell you other ideas as well. Vineyards Country Club owns 67 pieces of equipment today that do not get housed in the existing facility. They don't have room for them. So even with the proposed building that we have, it will not house every piece of equipment we have. It will house the majority of them. The PUD document was what -- which was originally drafted back in 1985 -- that's 25 years ago, folks -- called for a 50-foot setback between the golf course and residential district. And the main reason it did that, because it allows for three-story structures over parking on that site, which is, if you add it in today's term, 48 to 50 feet. That's where you got that 50 feet from. Staff concurs with that. Staff has interpreted that from day one. Staff interpreted that again when we did this site before this site was conceived. Now, I'll illustrate that to you in a minute. We do not want to disturb the existing berm or the existing mature vegetation that's on it. It's been there for 22 years. It makes no sense to take the berm down, not from an aesthetic standpoint, and certainly not from a financial standpoint. The proposed building that we have right now, the proposed maintenance building, under the current LDC rules that you have -- I mean, that's the document that you guys use for any zoning issue in Collier County that was drafted by your staff. Under the current LDC today, the proposed building would require zero setback from any residential district next to it. Zero setback. So the LDC you have today is a lot more relaxed and a lot more practical than what's written in there if you're going to misinterpret it that -- if you take the 50 feet on its own. You have to take it with the Page 117 January 26, 2010 three-story over parking. It goes hand in hand. Staff will tell you that. The existing water and landscape buffer that you will see -- and I will show you on the projector in a minute -- this has been there and been done by us 15 years ago, back in 1995,1996. I have your own copies, but I also have some for the projector. Okay. This is the buffer from the side of Clubside Reserve. This is another picture of the buffer. There's four or five pictures, some looking east, some looking west, some looking straight at it, and a few of you commissioners have taken the time to see that. I appreciate that very much. This is pretty much the buffer across the area where the new building is proposed to go. Another picture of the buffer looking in one direction or the other. Another picture of the buffer. This is me standing in the picture, and the picture was taken from one of the driveways in there. You can see a portion of me. That's the perspective of the height of that berm from where I'm standing from that landscape buffer all the way up. There's another six or eight feet on top of where I'm standing that's shown on the buffer. This is a typical one of those three buildings that might have a potential of looking into that site. There's -- the building orientation of those buildings right here, they orient that way. Their view is towards the lake, their balconies are towards the lake, their main living areas is all facing this way, their main master bedrooms are all facing this way. The only thing that's facing this way -- on the first floor you're not going to see anything except the beautiful landscape buffer I just showed you. On the second floor, you can do the math and we'll count, one, two, three, four, five, maybe even six -- I'm not sure the sixth window would apply -- that might even have a chance of looking at that, and I'll get to that later. I mean, one of the solutions we said, we offered to go into each window, stand there, if we see anything after the building is erected, we'll go in and rectify it by adding a tree. That was an Page 118 January 26, 2010 option that was rejected by the opposition. This is the picture of the berm from the Clubside where we have over 1,100 members in the different categories, and that's what they see when they drive up. This is another picture of what the members see coming into the club. This is another one. And countrary -- again, there's not just one kind of trees on it. There's multiple layers of landscaping, there's palm trees, there's all kind of other trees. Another picture of the berm on the opposite side where the members use the facility. These are a couple important pictures. This is a picture where we propose the site to go, the building to go on that site. And if you look towards this area of the picture, you can see the slope of the berm. Those of you who toured the site understand what the slope of the berm -- how steep it is versus just somebody leading you to believe that it's just minor and you build a little retaining wall and it does it. It doesn't do it. The base of the berm, with own notes that Mr. Tony Pires shared with you in his report last week, he tells you that the berm is between 65 and 70 feet wide, and we're asking for a 35-foot variance. Now, I don't need to be Houdini to tell you the difference from 35 to 70; that's 35 feet. That's half. In cut into the berm by half, there's not much left of that berm, contrary to 1 percent or 5 percent or whatever impacted. And to back that up, I'm going to give you a letter from our engineer, Coastal Engineering, that tells you what they did during the process and how many scenarios they tried for and what ended up -- you know, what ended up being the conclusion for us requesting the variance. This is another picture of the site where the building's proposed to go. This is the wall on our side of the property that we built back in 1995, 1996. This is the wall again, and this is the area on our side of the wall. Page 119 January 26, 2010 Going back to this drawing for one minute. In 1995 when we met with the county, Mr. Pires quotes something I said in my discussion at the Planning Commission; as we chose to do this, we chose. He misinterprets what the we meant. The we in that statement was us and the county. We went in and asked for this. This is of county record. The drawing is labeled, as you can see it, and I can keep it for the record. This came from your own records. I went and got it from development services. This was the existing berm in 1995, and this berm was built back in 1986, '87. To do this site, we have to remove the berm. This is Clubside Reserve. This is the community that's right here. This is the same lake as you see it here. These are the buildings as you see in here. This line did not exist. This is the line that Mr. Pires is indicating that, arbitrarily, I drew that line. That line was not drawn arbitrarily. This line was the result of meeting with county staff and requesting or discussing what will happen when we do this, what do we need to do to buffer this community. At the time staff did acknowledge that the 50 feet is tied in directly in correlation with the three-story height of the buildings, so they suggested if we do anywhere from 15 to 20 feet in this location of buffer and landscape it properly, that would be ample enough to satisfy what we need. This area was asked for then. It wasn't asked for before the fact. This says right here on the drawing from 1995, existing pavement. So the pavement was there. We didn't add that after the fact. The staff knew. County staff knew when they visited the site on multiple occasions, they knew what we were doing between this building here. They agreed to the separation. They consented to the landscape buffer. We added the wall. They didn't request the wall. We added the Page 120 January 26, 2010 wall because we wanted to give them ultimate separation in here. So to claim that you need a 50-foot landscape buffer and you need 50 foot on both sides is absurd, beyond absurd, because this doesn't exist anywhere in Collier County. It certainly is not going to exist here. The staff knew this, this was permitted properly, this was reviewed, this was inspected, this was approved, and this was sold with that understanding. This buffer was here. Nobody bought in this place and came to the county and said, where's my other 30 feet on the other side or 50 feet or whatever. That was not an argument. It doesn't hold water then, it isn't going to hold water now. This was planted then, and the berm -- that buffer had 15 years of growth on it. When the people purchased in this neighborhood, the berm was technically fresh. Anybody would tell you that 15 years of growth will make it bigger and thicker. So at the time, it wasn't even as thick and as plush as I just showed you, and it didn't create the objection. If it did, that project would not have been sold. That project would still be here today if people felt, this is a detriment, that kills my values. I wasn't going to buy here. They wouldn't have bought then. The other thing what Mr. Rogers, my colleague, is going to share with you is an appraisal. Not from me or from someone on my staff. From a professional appraisal company that went in and pulled all the records on all the sales in these buildings over the years, compared them to the sales in these buildings over the years, and the record will show you -- it's in your document. I'll keep a copy with the court reporter -- that the property values on these buildings were never compromised as a result of them looking into this building. Why would they be compromised today? We don't want to make this an emotional issue. We want to make this a factual issue. You want to worry about property values? I had Page 121 January 26, 2010 an appraisal tell you what they are. You want to worry about legal documents that Mr. Pires shared with you and tells you what his explanation of the variance is or should be and what your -- what your legal rights are and should be? Then my attorney's going to explain that to you as well. And let me go on with this for a few more minutes, then we're done. Again, I shared with you the orientation on the Clubside Reserve buildings. When we started the project, I met with all of the senior county staff. I went with Mr. Joe Schmitt, Susan Istenes, Ray Bellows, John David Moss, Nancy Gundlach, all these senior people in your staff came to the site, visited the site. Not one of them ever said, I have a question or a concern about this. They said, under the new LDC, you shouldn't even be required to have a variance in here. But because of the language in your document, the better channel is to go in through a variance process. We thought we might have some opposition because of some of the people who lived there, but we didn't think it's going to be the extent that you're seeing today. Wernet with the -- Mr. Webster, the president of the association, October of '09, along with some of the directors on his board. We shared with him this map that you see on the left. We gave him a copy of it, and we solicited input. The response we got was a rejection of the project, and shortly thereafter there was an attorney engaged, Mr. Pires, and we start getting correspondence from him. We went to the Planning Commission. We heard a lot of concern about noise, sound, activity uses, and that was, unfortunately, disappointing because the commissioners on the Planning, commission should have understood we're not asking for a new use. That use has been there since 1986, and nobody contests that. So we're not asking for a new use yet the commission felt, you Page 122 January 26, 2010 know, that the subject was convoluted; and, therefore, after the commission (sic), we asked the staff -- we asked the neighbors to meet again, so we met with the board of Clubside Reserve. And we said, look, you talked about -- a lot about noise. If the noise is the concern, get -- any expert will tell you, if we rotate the building and we put it all the way against this wall, if it's 60 feet -- 60 feet long, then it will come out this way; we'll put the overhead doors of the building on this side and rechannel the cart path to get everything away from you in that location. A week later we got a message. I didn't even get the chance to talk to the gentleman. He left a message saying, that's -- that's not acceptable. We offered to go into the units and look from every window after the building is built, ifthere's any hole or opening, we'll place a tree there. They rejected that. We offered that the roofwill be painted green to make it go away. I think the only question they want or the only explanation they need or the only satisfactory answer would be is to scrap the project, and that's not what we're here for. So to recap, we've been there since '85. The comments in Mr. Pires' letter to you regarding all the things that -- you know, what we need in terms of size building, I don't think he can be labeled as an expert on that field. The comments of what he feels we have to encroach on the berm, I addressed that based on the severity of the slope of the berm. And as well, we have a petition signed by 52 original residents, but now it's down to 50 because we received a letter from two of the residents requesting their name be withdrawn. I forward that request to Nancy. And so we have 50 people on the petition. We have support in this room. Could you please -- anybody who's supporting this petition who's a member of the club, could you stand up? Stand up, please. Page 123 January 26, 2010 So I don't know, by count, three, four, five, eight, ten, 11, 12. So this is -- I can't -- when people like something, they're not going to come here and try to waste your time. Only the opposition's going to take the time to do that. Fifty signatures. I've asked everybody not to talk. I would like to -- I would like the opportunity to come back and recap after Mr. Pires and his company are done. One last comment. Look, we have no intention or any desire of creating animosity with anybody . We've been -- we've been -- would you please stop. We've been in this community for 23 years, a lot longer than any of the residents have been there anywhere. I've been there from day one. I cut my teeth on that project. I've been there. We're very proud of our record everywhere. We're very proud of our accomplishments everywhere. We've done everything possible in this community to protect everybody's value. The time's tell. You read the papers every day about people in trouble. We're not on that list, and we won't be on that list. We don't have any intention of creating animosity, but there's a time and a place for fights. It seems like this thing is personally motivated by some members, and we're going to prove to you that it doesn't impact any values or anything. It's a use that's been there for 22 years, 23 years, and we're hoping the use is going to be there. Regardless of what happens today, that building is staying, and whatever activities are in that building is staying. And another building -- if the variance is even denied, our building mayor may not go there, but the use is there. That's not going away. Thank you for your time. CHAIRMAN COYLE: Thank you. MR. SAADEH: Robert? CHAIRMAN COYLE: Excuse me. The three people who are Page 124 January 26, 2010 standing back there, yes, can we move off to the side and stand so the people behind you can see what's happening up here, please. Thank you. Go ahead. MR. ROGERS: Robert Rogers, and I'm not going to talk about those markers in Clam Bay, so rest easy. CHAIRMAN COYLE: If you do, your time has expired. MR. ROGERS: I'll try to be as brief as possible. First I -- Robert Rogers. I'm the vice-president in-house attorney at Vineyards Development Corporation. First I do want to just echo one thing Michael said because I thought it was a very good suggestion that went nowhere. Is it on? You can probably hear me, because I talk loud. COMMISSIONER HENNING: You've got to talk into the mike. MR. ROGERS: Okay. Michael had mentioned, at the Planning Commission there was much comment about noise from the bay doors, because the noise from the landscape equipment is already there. Very important to understand, no change in use at all. And as you're going to see in one of the cases I'm going to cite, you do look at things like the practical effect. It's not just hardship and things like that. Although they're germane to the conversation, it is certainly within your purview to ultimately grant the variance or we wouldn't be here. But our suggestion to turn this around, quite frankly, I thought was great. I didn't really have an expectation it would get approved, but it certainly would have addressed an issue raised at the Planning Commission regarding noise, et cetera. I personally was very disappointed it really didn't even get responded to. Nevertheless, I did want to briefly make a few comments. First I'm going to comment on your attorney's memo that he did on variances, which I thought was right to the point. In that memo he mentions that the principles he's stating are the general principles. Page 125 January 26, 2010 And as he echoed at the Planning Commission, this county has always treated it within your purview to use your judgment as to whether this is something to grant or not. If it was strictly a legal issue, we wouldn't need any of you. We would just ask him. In mentioning that -- those general principles, he cites a case, Board of Adjustment of City of Fort Lauderdale versus Kramer, Second DCA. That is our District Court of Appeals. And that case states, a variance can be granted or -- if it would not inflict practical difficulty or unnecessary hardships. Or. So there's two standards there. So you look at the practicality of the issue. I then went and read the rest of the cases that were cited in his memo. It's interesting to note, those variance cases dealt with things like installation of a gas station, zoning rollbacks, reduced parking requirements, very significant issues. And when you read those cases, in addition to talking about hardships, which is within your purview to decide, they also talk about the effect -- and I want to read you the quote from the first case he cited. Will the variance affect the essential character of the locality? This variance will have no impact on the character of the locality. What is going to be done there is already being done there. It is a staging area. Our mowers go through there. We store things there. All we're doing is putting a building there. The second case he cites, which is Hemisphere, talks about the character of the neighborhood. Now, that's typically, I think, what we would all think as a -- of a variance where you have a series of homes with 20-foot setbacks and one that has ten. That would clearly affect the character of the neighborhood. This clearly does not affect the character of the neighborhood. And when you look through all of these cases, there's a consistent pattern of how is it impacting the locality, the area. In this case I think it's very clear it's not. There's no change in use, there's not going to be Page 126 January 26, 2010 any new noises, there's not going to be anything at all new other than the installation of the maintenance building. On that theme, one of the cases goes to talk about, well, another thing to ask is, does it affect property values? And that's not necessarily something that's talked about when you get to the strict interpretation of the law and not necessarily germane to the final determination. But from our vantage point, it was very relevant. Obviously we're going to tell you, it doesn't affect property values. Obviously the people opposed to it are going to tell you, it does affect property values. So we tried to determine, how could we get an objective answer to that. So we hired an appraiser. And what the appraiser did was, he came out and he contrasted the sales prices of these three buildings, you presently see this building, are subject to the noise with the other sales prices in the community, and he determined that that building has had no impact on the value of those properties. Thus, from there, he determined that this building would have no impact on the value of these properties. Plus it's axiomatic. We didn't really need an appraiser to prove that. It simply could not impact the value of those properties. You can hardly see the building. There's going to be no change in the uses or the noise. Finally, when looking at the cases, I wanted to find one that kind of set out the standard that's going to be examined. And I certainly understand threat of a lawsuit is never a reason for policy. But if it does go to that level, what the courts asked oftentime is, was there substantial evidence to support the finding? And that's a quote from one of the cases cited by your attorney. So you-all have to determine, do you have substantial evidence to support, we hope, the granting of the variance? We think you unequivocally do. Your own staff has repeatedly stated they do not believe it's self-created hardship. They've cited the other elements of the law, and your own staff supports the request for a variance. Page 127 January 26,2010 I just cited you two other more practical elements which are, how does it impact the neighborhood? Are you changing the use? I have an appraiser who's given you an appraisal that we hired and says, it's not going to affect the values, and they don't dispute there's any change to the use. So, again, we're asking that you grant the variance. Thank you. CHAIRMAN COYLE: Thank you. Does that conclude your presentation? MR. SAADEH: Yes, sir. CHAIRMAN COYLE: Okay. You will, of course, get a chance for rebuttal -- MR. SAADEH: Thank you very much. CHAIRMAN COYLE: -- later on. County Manager, does the staff have a presentation? MR. OCHS : Yes, sir. MS. GUNDLACH: Good afternoon, Commissioners. I'm Nancy Gundlach. I'm a principal planner with the department of zoning servIces. And the CCPC heard this petition at their December 17th hearing, and they voted 6-3 to deny this variance. Staff is recommending approval of the variance, and the reason for this is because this petition is consistent with our Growth Management Plan and our Land Development Code. It's also important to note that staff is in possession of 50 signatures of approval on a petition in support of this variance, and we are also in possession of a petition that has 90 signatures in opposition to this . vanance. If you have any other questions, Commissioners, it's my pleasure to answer them this afternoon. Thank you. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Is it your understanding -- I've got a couple of questions from staff. You've been out to the site? Page 128 January 26, 2010 MS. GUNDLACH: Yes, sir. COMMISSIONER HALAS: Okay. Is it your understanding, with -- if the variance is approved, that there's not going to be any degradation to this buffer; is that true? MS. GUNDLACH: There's going to be a small impact on the toe of the slope, but I think the buffer will remain intact. COMMISSIONER HALAS: So -- the other question, a follow-up question, is, the amount of shrubbery and trees will remain pretty much the same? MS. GUNDLACH: Commissioner, you're referring to the berm? COMMISSIONER HALAS: Yes, I am. MS. GUNDLACH: Yes. I believe it will remain the same. COMMISSIONER HALAS: Okay. And the density that is portrayed in these pictures is actual? MS. GUNDLACH: That's accurate. Those pictures are accurate. COMMISSIONER HALAS: Okay, thank you. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I was just wondering, could a -- I realize I don't know anything at all about building, but I was thinking of maybe a solution that might work for the developer as well as the residents. I presented it to the group that was in my office yesterday, and I would just like to ask you also if that would be acceptable, and that is to take the building that the developer wants to build, put the back side of building with no doors on it closer to the wall, I mean, just a little bit away from the wall. And the reason I say that is because line of sight goes this way, and that way it would be harder for the people on the other side of the wall to see the closer it is to the wall. Secondly, if you put a very lush, thick landscaping behind that building, between the building and the wall, that would -- that would also be a buffer. The doors would then be opening to the back side so that the noise would go out towards the golf course rather than over Page 129 January 26, 2010 the wall, because noise does carry, but it would carry away from these homes rather than toward them. Would that be something that would even be considered? MS. GUNDLACH: We can certainly ask the petitioner. COMMISSIONER FIALA: Just throw it on the table for -- CHAIRMAN COYLE: You might need to ask the residents, too, because it's the residents who are giving up what they consider a reasonable setback from the wall, and that's the subject of my line of questioning. I'll need input from both you and the county attorney. Is it your understanding that the 50-foot setback was established because of the fact that taller buildings were authorized to be constructed on that footprint? MS. GUNDLACH: It's my understanding that the 50-foot setback is related to -- there's some language in the PUD about three-story buildings over a park -- a first level of parking. And typically in planning, the setback is related to the height. CHAIRMAN COYLE: Okay. Now, what is the height of the contemplated building? MS. GUNDLACH: It has a zoned height 15 feet. CHAIRMAN COYLE: Okay. What would be the setback if you were looking at it today for a 15-foot-tall building? MS. GUNDLACH: I'm going to quote the LDC. The LDC setback has a requirement of zero feet, the current LDC. CHAIRMAN COYLE: Okay. Let's go back to the time-- MS. GUNDLACH: Okay. CHAIRMAN COYLE: -- when this PUD was approved and you were presented with a 15-foot-tall building at that location. What would have been an appropriate setback? Zero or seven-and-a-half or what? MS. GUNDLACH: Okay. Ifwe're referencing how it relates to the PUD, the PUD requires 50 feet, and that's why we're here for a variance today. Page 130 January 26,2010 CHAIRMAN COYLE: Okay. The PUD -- PUD setback was established on the assumption that there could be three-story buildings MS. GUNDLACH: Correct. CHAIRMAN COYLE: -- built there, right? And theoretically -- and the rule generally goes, the setback is one half of the distance -- one half of the height of the building, right? MS. GUNDLACH: Uh-huh. CHAIRMAN COYLE: So if you had a 15-foot-tall building there, you would have established a seven-and-a-half foot setback under the original PUD; is that true or not? MS. GUNDLACH: That's possible. CHAIRMAN COYLE: Okay. All right. County Manager -- or County Attorney, what's your take on this? MR. KLATZKOW: I think if we were amending the PUD, these would be interesting questions, and maybe that's really the process that the petitioner should have gone through here. It would have been an easier process for him, I think. But I don't know that. The 50 feet is the 50 feet. That's what the PUD requires. I understand your line of reasoning, and it's a line of reasoning if this was a PUD amendment, but it's a variance request, unfortunately. CHAIRMAN COYLE: Okay, all right. I'm sorry? COMMISSIONER HALAS: I think we've got some additional information for you. CHAIRMAN COYLE: Oh, does Ray have something? MR. BELLOWS: I was just going to add -- for the record, Ray Bellows. I was just going to add that there's nothing in the official record as to why the 50-foot setback was obtained. We're only giving supposition that it was based on the building height. CHAIRMAN COYLE: Okay, all right. Thank you, Ray. Page 131 January 26,2010 Commissioner Coletta? COMMISSIONER COLETTA: Yeah. And I'd like to take that line of questioning and carry it to the next point. Is it true that if they were to put this building back at 50 feet rather than where it is now, we wouldn't be going through this process now? MS. GUNDLACH: Correct. They'd meet the setbacks outlined in the PUD. COMMISSIONER COLETTA: So the difference between -- how many feet were the buildings going to be from the edge of the line -- what is it now that they're talking about doing? MS. GUNDLACH: The proposed is 15.4 feet from the property line. COMMISSIONER COLETTA: Okay. So 15 feet against 50 feet. I guess the question is, is there going to be that much less in noise and interference with another, what, 30 feet? I'm kind of lost on where we are with this whole thing. I mean, if it can be done and it can be done at 50 feet, then okay, we're -- and we're asking to go at 15 feet, what's going to be the difference between the two other than the fact we're going to have to disrupt the landscape and everything else that's behind it? What is the difference? Has anybody -- can somebody comment as far as audio factor and how the noise carries? Is that distance going to make any difference at all? COMMISSIONER HENNING: There's your noise expert right down there. COMMISSIONER COLETTA: Oh, that's correct. Well, I'm not going to put him in that position. CHAIRMAN COYLE: Well, the point -- and Commissioner Fiala emphasized this. The point was that if you didn't have any openings on the building -- side of the building that faces the residential area, you would have less noise because the openings Page 132 January 26, 2010 would be on the opposite side of the building, and the vehicles and equipment going in and out of the building would be done away from the residential area, so that would minimize noise. COMMISSIONER COLETTA: It would, but the way I looked at the drawings, unless the petitioner can tell me, if you move it back to that distance, it doesn't appear that you would have enough room to be able to enter and exit the building if you put it up to that point. CHAIRMAN COYLE: Not at 50 feet, that's right. COMMISSIONER COLETTA: Yeah, but the petitioner would have to answer that. So the question, again, even at that distance, 15 or 50 feet, what is the audio difference between the two points? Can anybody answer that? Is it something to be notable? I mean, if I'm sitting in my front yard and somebody's at 15 feet or they're 50 feet behind a hedge and a fence, or what do you call it, a wall, am I going to notice a difference? MR. ROGERS: And I'm not an audio expert, but you mentioned the petitioner, so I figured I would come up. The distance between the closest point here and the building is 95 feet. So your question is, if you go 35 feet more, so that's 95 feet versus 130 feet, how much difference is the noise that's generated going to be towards these unit owners. Our view -- and I'm not an audio expert, so don't everybody start yelling -- is the closer it goes to the wall, the less sound you have. If you move it away from the wall -- because sound travels. If you know how Doppler effect is and how sound curves and is attracted back to the earth -- COMMISSIONER FIALA: Right. MR. ROGERS: -- and it's the reason the DEP would not give us a wall on 75, because you have to be close to a wall for it to work. But certainly I understand, a legitimate response would be, the difference is going to be 35 feet of sound. So in could walk 95 feet away and then walk 130 feet away -- COMMISSIONER COLETTA: Well, you're with a wireless Page 133 January 26, 2010 mike right now, so it wouldn't make any difference. MR. ROGERS: Good point. But we think it's negligible. Obviously they may have a different opinion. But I would -- I want to answer one more thing you said, because Donna -- Commissioner Fiala brought up as well. Turning the building and facing the bays away, we offered that solution that you asked staff about. We said, we will do that because we heard the complaints about sound and things like that. And we said, okay, we'll whip it around. But the response was -- with all due deference to the people up close -- they just weren't interested in that solution. So I know someone said, you can't just ask the petitioner. You've got to ask them as well. COMMISSIONER COLETTA: So it's a doable thing to turn the building around? MR. ROGERS: Oh, certainly. If this variance is approved, I believe my boss would say, we will certainly meet with Clubside again if they want to try to turn it around, no matter how many arguments you have. Ultimately, they're our neighbors, they're residents of the Vineyards, and no matter what happens here, we like them. I mean, they bought in our community, and we think they're proud of it, and we're proud of them, so -- CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: That was some of the reasoning for my question. And maybe you can shed more light on it, because I asked staff, and it kind of put them in a precarious position. Since you're there representing your client, my question is, the buffer -- this is a real picture of what's there today as far as the buffer, the growth, and everything, right? MR. ROGERS: Yes, sir. And I think it's important that you distinguish -- that you distinguish -- when we speak of the buffer, we've been referring to the buffering between Clubside and our building which contains a 6-foot wall on about two feet of buildup, Page 134 January 26, 2010 and those are the pictures Mr. Saadeh showed you that had him standing next to them, probably 15,20 feet high. And when we refer to the berm, we're talking about this exterior part where there's a big hill. All the pictures of both the berm and the buffer are accurate. COMMISSIONER HALAS: Okay. Because it's very important. And you're not going to destroy the buffer when you're -- if this variance goes through; is that correct? MR. ROGERS: The buffer -- now we're talking about between Clubside and us? COMMISSIONER HALAS: Yep. MR. ROGERS: Not only are we not going to destroy it, we have offered to enhance it. The reason we're here today is we don't want to destroy the berm because the angle of repose, when you cut into it halfway, you can't keep it there. There's just no two ways about it. The berm would have to go, and it would just seem, to quote some of the case law, a practical difficulty that you have the right to help us avoid. COMMISSIONER HALAS: Because this vegetation does act as a sound barrier. And so if this is a -- basically a full-grown buffer at the present time and a berm, then I would think that it would help to alleviate the noise problem that is the big concern of the residents. But I really can't state it for a fact because I don't have any sound measurements, but I would think that that -- in my past experiences, anytime you had a large buffer of this nature, it does cut down on the progression of sound being generated into the neighborhood. MR. ROGERS: We agree completely, and I would add one little point. There's not going to be, in our view, any additional sound. The mowers already go by here every day. So if the mowers stop a little earlier, there will be less sound, in our view. But we did try to be responsive to that by offering Commissioner Fiala's suggestion. MR. SAADEH: One more note, Commissioner Halas, is the activity is all going to be on this side of the wall. There is a concrete Page 135 January 26, 2010 wall that you don't see on the drawing, but it's existing right in here, that protects this buffer 100 percent, so we won't even have a chance to come near the buffer. So nothing here will be disturbed whatsoever at any time. That's a given. I think the residents know that. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Ms. Filson, will you call the speakers, please. I'd like to have -- she'll call two names, and if you would come -- one person come to each of these podiums, we can move along a little faster. MS. FILSON: And we have 12. CHAIRMAN COYLE: Okay. MS. FILSON: The first one is Tony Pires. He'll be followed by Ralph Webster. MR. PIRES: Mr. Chairman, with indulgence, in could have one minute to move some materials out of the way and set up a model, if I could. CHAIRMAN COYLE: You can have just one minute for the entire presentation. MR. PIRES: Thank you. In could have the time ceded from others to add on to that then. Thank you, Mr. Chairman. CHAIRMAN COYLE: Okay. MR. PIRES: Thank you very kindly, Mr. Chairman. In may, my name is Tony Pires representing the Clubside Reserve Condominium Association, Inc., with the law firm of Woodward, Pires, and Lombardo. And if I may, I think one of the residents who is signed up would be willing to cede his time. Mr. Casey -- is that correct, Mr. Casey -- cede his time. CHAIRMAN COYLE: Is Mr. Casey here? MR. PIRES: Yes. He's in the audience there. CHAIRMAN COYLE: Ms. Filson, did you get that? Page 136 January 26, 2010 MS. FILSON: Pardon me? CHAIRMAN COYLE: Mr. Casey has ceded his time to Mr. Pires. MR. PIRES: Thank you. And in this particular case, I think it's also important, there are two sides to every story. I think we all know that. And it's -- appreciate the opportunity of the four board members that were willing to meet with the Clubside Reserve. It's unfortunate Mr. Halas did not want to meet with us. The email I have, I asked him if he would be willing to meet with us. He indicated he was already in favor of the project in two emails I sent. I want to put those in the record. In may, I'll give them to the court reporter. With regards to the question that was asked concerning the position of Clubside Reserve, the Clubside Reserve Condominium Association and the members are opposed to the project as proposed. They are not opposed to a maintenance building. They know this is a maintenance site. That is a smoke screen and a diversion on the part of the petitioner to try to couch his opposition to any building on this site. Build a building, build it at 50 feet, and that would be appropriate, and they have no problem with that. Please understand that, very clearly. They recognize the uses on that site. They do recognize, however, there are protections in place in the PUD, 50-foot setback. And as you heard from Mr. Bellows, there's nothing in the record that supports the supposition, the hypothesis, the unsupported, bare assertion that the 50-foot setback is any way attributable to three stories over parking, there is nothing in the record. I have an email, in correspondence with Nancy Gundlach and I, where I asked her that question. Nancy, did you ever find any evidence currently in the county's possession to support this assertion in the staff report to the Planning Commission that the only reason that the setback standards for such facilities is 50 feet is because the PUD allows building heights in the golf course designated areas to reach Page 13 7 January 26, 2010 three stories? Answer, January 22nd. Good morning, Mr. Pires. Staffhas researched the files. There is no specific documentation indicating why the specific setback was chosen. It's supposition under the power of John David Moss based upon typical setbacks today. We're talking 20-some odd years ago. To show you the amount of involvement by the Clubside people, I'd like to ask them all to stand, those that live in Clubside who are in opposition to this variance request. They've taken the time -- thank you very kindly. They've taken the time out of their day to participate in this process because they believe that the adverse impacts of this project on their property will adversely affect their quality of life. Again, they are not opposed to a building on this site. They're opposed to granting a variance that is not warranted. They are not contesting the use, have never contested the use. And I believe it's inappropriate to even raise that as an issue. The people who have signed an -- a petition in favor of this are members of the golf club. They do not live next door. With regards to the issues of the variance, again, this is a self-created issue, if there is any hardship at all. Mr. Saadeh has repeatedly asserted that he will destroy the berm or have to destroy the berm if he does not get the variance. What was not provided at the Planning Commission, although submitted one day before the Planning Commission to county staff, is an SDP for this site where they are assuming they will get the variance as requested. These are materials and experts from that SDP submittal that shows they will excavate back into the berm a distance of 25 feet. They're going to go into that berm because there is no vegetation on the south side of the berm. The vegetation is on the north side of the berm. That's where the trees are. And it's a eucalyptus which, under the code, is not even code-qualified landscaping material, and that was Page 138 January 26, 2010 in the SDP from all these various elevations that can be seen. Whoops. If I don't knock them down. I apologize. They're going laterally in this distance about 22 feet, going down six feet into the berm, and they're going to install riprap and slope it all along. So they are, in fact, going back 25 feet in some points. So to hear people say that they don't want to cut into the berm, that's why they're not doing this, they are cutting into the berm. And there is no vegetation on that side of the berm that would be impacted. It's clearly articulated in Mr. Klatzkow's memorandum, a property owner cannot assert the benefit of a self-created hardship. In this case I believe the record is clear that the developer has controlled this site for 20 -- over 20 years. He has created the situation himself and now seeks to obtain relief from that particular self-created hardship, if any hardship exists. The staff report has also indicated that the most this property would be impacted if the variance isn't granted is, he could build a 7,500-square-foot building. That's in your staff report. So he's only losing 17 percent ifhe has to go back to the full 50-foot distance. Additionally, the staff report -- and it's Page 14 of the agenda-- says, if the setback variance were not approved for the building, the petitioner would still have a reasonable use of the land. Again, there is no practical difficulty. He's already excavating. There is no hardship. And if there is any hardship that this board finds, it's all self-created, which is not a legitimate basis for granting a variance in this particular case. The Clubside -- you'll hear a number of individuals from Clubside attesting to and testifYing as to their location relative to this. For the record, I'd like to just have -- we have a number of documents with regards to Clubside, and just submit additional record -- document for the record. It's just an overhead view. And some other issues with regards to this application. In may, I think Ellen Watts has ceded her time to me also, Mr. Chairman. Page 139 January 26, 2010 MS. WATTS: I have. MR. PIRES: So in could have an additional three minutes. CHAIRMAN COYLE: Is this going to be the last three-minute extension? MR. PIRES: Yes, sir, it is. MS. FILSON: And what was her name? MR. PIRES: Ellen Watts. MS. FILSON: Okay. MR. PIRES: And the existing building is 80 feet. This needs to be built at 50 feet. And once again, there is no difficulty with the neighbors at building it at 50 feet. You heard Mr. Saadeh and Mr. Rogers talk about a compromise. That was a compromise where they wanted to put the building up against the property line. No vegetation, no buffering on their properties. Back it up completely. And at that meeting we also said, do you have a copy of the plans you submitted to the SDP? At first they offered. Then they refused to provide us copies, made us go down to the county to get the copies, and that was frustrating because we were trying to find out exactly what they're proposing to doing (sic). So I don't think that was in a good sense of spirit of cooperation in this particular instance. The only properties benefiting from the berm are those to the north, all owned by the developer. The berm will not be destroyed. It's embellishment, hyperbole, and exaggeration as to any assertion that the -- the destruction of the berm in this particular instance. For all the reasons, we request denial. There's no hardship, all the site conditions are self-created conditions. It's not compatible with Clubside. The variance. The use, again, was deemed to be compatible by adoption of the PUD, not complementary to Clubside by granting the vanance. And additionally, we believe there's a deficiency in the legal Page 140 January 26, 2010 notice, as articulated in our memorandum, with regards to the request that was advised. It indicates in the legal notice that it's for -- to allow all the required plant material to be located in separate 10-foot-wide buffer areas adjacent to the abutting residential district. From the materials that are in your packet, including the proposed resolution, it shows that in a portion of this, the additional vegetation will be located north of the golf cart path. I have one more minute left. This is a model that was prepared by Ellen Watts. And this shows the building -- this is a scale model, one-eighth-inch square model. This is the existing maintenance building as it exists. This is the 8-foot-high wall. This is the proposed building where it should be located under the PUD. This is where it will go if the variance is granted. A substantial increase. This is a residential unit that will be adversely impacted. From here to here. A not-needed variance, it's not required but for purely the desire of the developer. Based on all the foregoing, we request that you deny the variance as not meeting any of the criteria in the code, and listen to the recommendation of the Planning Commission in this particular instance. There's really been no new evidence adduced today, there's no soil borings, there's nothing indicating you cannot go into that berm. Okay. Thank you very kindly. CHAIRMAN COYLE: Okay. Thank you very much, Mr. Pires. Weare about 18 minutes over the break limit for our court reporters. We're going to have to break. I'm sorry, sir. If you could be back at the podium, we'll be back here in 10 minutes; 2:48, please. (A brief recess was had.) MR. OCHS: Ladies and gentlemen, please take your seats. CHAIRMAN COYLE: Okay. We're back in session. Mr. Pires, would you stay at the podium for just a moment. Commissioner Page 141 January 26, 2010 Henning has a question. COMMISSIONER HENNING: Thank you. Your presentation brings more questions for staff for me, but a question for you. I know you worked at -- on PUDs prior. Have you ever seen a 50-foot setback in a PUD? MR. PIRES: Yes. In fact, in this PUD if you look at the section dealing with the commercial properties, it says, commercial properties, building, principal buildings abutting residential at 50-foot setback. COMMISSIONER HENNING: Other PUDs, not any others? MR. PIRES: I didn't research them all. I can't say that I haven't seen that, Commissioner Henning. COMMISSIONER HENNING: Yeah, because we have the PUD file on our desktop. I once in a while refer to that. I just don't see that. I was trying to -- I'm trying to come to the conclusion of where there's a 50-foot buffer in this PUD. MR. PIRES: I think in this instance it's the nature of the use that's abutting it. You have a residential use, and to ensure that there's minimum impact to the residential use from an otherwise compatible use, a maintenance facility, not just a golf course but a maintenance facility, I would submit that that was the reason for the setback. COMMISSIONER HENNING: Well, we have several golf courses, I think we do, at least a couple in Collier County, and I'm just trying the rationale (sic) of why that was ever put in there. MR. PIRES: Once again, that's from 1985, 1986, and it's there. And the 19 -- there have been many amendments to the PUD where the development has initiated amendments, and he has never made a request, that I know, to modifY that provision. In fact, 1991-75 was the ordinance they changed a lot of the provisions of the PUD, but maintained in this area the golf course setback of 50 feet from abutting residential district. COMMISSIONER HENNING: The buildings? Page 142 January 26, 2010 MR. PIRES: Yes, along with the setback area, it said, shall be appropriately landscaped to serve as a buffer area, and parking is prohibited in there also. So it's a -- I think it's a very proactive planning mechanism. COMMISSIONER HENNING: Thank you. CHAIRMAN COYLE: Okay. Thank you very much. And we'll have the first speaker, sir. MR. PIRES: Thank you for your time, Mr. Chairman. MS. FILSON: The next speaker is Ralph Webster. He'll be followed by David Pink. CHAIRMAN COYLE: IfMr. Hink (sic) would come to that podium, please. MR. WEBSTER: Good afternoon, Commissioners. My name is Ralph Webster. I am president of Clubside Reserve Condominium Association. My wife and I first bought a unit in Clubside in 1996, and we moved to Unit 1904 in 2004. Building 19 is one of the closest buildings to the proposed structure, and I believe the residents will be adversely affected by this structure. I, myself, am concerned that if the variance request submitted by the Vineyards Development Corporation is approved, the market value of my condominium will be severely impacted. Mr. Rogers gave you some information, which he did not share with us today, maintaining that the values of condominiums along our side of the wall had not been compromised. I'd like to point out some additional information. These five buildings, the last buildings built by Bateman Enterprises in this community, are the only buildings in Clubside that contain elevators to the second floor. The market value, the cost of those buildings originally, was $25,000 more than the equivalent building anywhere else in the subdivision. It does not surprise me that the market value today of these buildings, those five, is greater than the others. That Page 143 January 26,2010 fact was not brought to your attention. Could I have the screen back, please. MR. OCHS: Yes, sir. MR. WEBSTER: I have a number of concerns regarding Mr. Saadeh's proposal. The new structure will be quite visible from my unit. Those pictures that he showed you taken from our side of the buffer, which is on our side ofthe wall, showed gaps. You could see daylight in those bushes and, therefore, any building placed within 15.4 feet ofthat wall would be seen clearly, not only from the windows of the unit -- I live on the second floor. I can clearly -- I'm going to be clearly -- it's going to be visible for me from the second floor, but from my driveway. I can see through those gaps in the landscape. So the statement that it will not be visible is absolutely incorrect. The proposed structure -- I'm sorry. I'm getting ahead of myself here. The proposed structure will have four equipment access doors, as you've heard at the present time, based on the proposal we've been given. They all face our common wall, thus any noise generated in the structure will be reflected like a bandshell directly toward and over our wall. The Vineyards Development Corporation does not provide -- their plan does not provide for a landscape buffer directly opposite the structure on its side of the common wall. Rather, as shown in this graphic which Tony Pires put up before, it is proposing a landscaped area on either side of the structure. Look at the green shaded areas. CHAIRMAN COYLE: Sir, your time has expired. Can you wrap it up? MR. WEBSTER: I'd be happy to. We've all heard reference to the -- your attorney's comment on whether an unnecessary hardship can be considered as a reason to provide a variance, and clearly his memo states that if it's self-created, it is not a reason to offer that variance. Page 144 January 26, 2010 So we recommend that the variance be denied. Thank you. CHAIRMAN COYLE: Thank you very much. MS. FILSON: The next speaker is David Pink. He'll be followed by Jim Kelly. MR. PINK: I would like to thank you, the commissioners, for allowing me to speak today. My name is David Pink. I live in that building right over there, the closest building to the wall for the proposed new maintenance building. I couldn't believe it is proposed to be 15 feet away from the wall. There are many issues which will impact us all, a great increase in noise, a large increase in total activity, a substantial increase in pollution, fumes and smells, bright lights at night. If I had known that a building would be allowed this close, I never would have bought my unit. Please deny this variance. Thank you for your time. CHAIRMAN COYLE: Thank you. MS. FILSON: Jim Kelly. He'll be followed by Albert Taylor. MR. KELL Y: Commissioners, thank you very much. I just want to maybe clear up one misconception from earlier on this map. This berm does not provide any insulation from this building to us. All the insulation is here on our side of the wall. That's the only insolation we have. His proposal to put the building fully against the wall does not add any insolation to it. It faces the doors the other way, but it puts a structure seven foot above the wall. And there are gaps in this berm -- this foliage there. But let me say, thank you for the opportunity to say a few brief words. My name is Jim Kelly. I have owned in Clubside Reserve since it was built in 1996, '97. I am presently the secretary of the board of directors of Clubside Reserve. It was a decision of the board to contest the granting ofthis variance with the overwhelming majority of residents in agreement. Page 145 January 26,2010 We, as a board, do not take spending our residents' money lightly, but felt this variance would have a highly prejudicial effect on our community . It is really an awkward position for us to pay for a lawyer and have the applicant use funds contributed to country club membership, which over 40 of our 84 units belong to. I believe the commission hearing, December, saw the untenable position of the applicant that there was no hardship other than the self-created one. And according to our county attorney's memo of January 23,2006, that cannot be asserted. At that same hearing, the county attorney was asked directly if this application qualified, and he said it did not meet the standard. At that time I, as a layperson, thought that pretty much sealed the fate of this application when that commission voted 6-3 against the granting of the variance. The applicant has more than sufficient room to position his building on the property without encroaching on the required appropriately landscaped 50-foot setback called for in the Vineyards PUD. His reason for positioning the building is strictly economic, one for his own benefit. I would respectfully request the Board of Commissioners to uphold the findings of the Planning Commission hearing, December, where Florida laws were applied. Thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker is Albert Taylor. He'll be followed by Dale Shaughnessy. MR. TAYLOR: Good afternoon. My name is Albert Taylor, and I reside full time at 6185 Reserve Circle, Unit 1402. My wife and I purchased this property in 1996. I am currently the treasurer of the Clubside Reserve Condominium Association and have been following the event addressed by this variance hearing; this includes speaking with residents, reading correspondence from allv Page 146 January 26,2010 concerned parties, and a review of all submitted information. My wife and I are concerned that this building will house equipment that will increase noise and odors and create safety and environmental hazards, all within 15.4 feet of our property. Undoubtedly gasoline, diesel fuel, and lubricants will be stored and utilized on site. We believe this is why the 50-foot setback requirement was promised by the VDC when they created it. They wished to protect their investment by promising future owners that they would not build anything so intrusive and so close to our occupied homes. They had high-end real estate to sell, and we now have high-end property to resell. Nothing has changed. VDC states they do not want to eliminate part of a berm that is on their property. They created the berm. How can they now ask that the berm be saved when they created it? How can this be called a preexisting condition? They created the condition. The only real reason they don't want to remove the berm is solely for financial reasons. When our property was developed for a money-making building enterprise by VDC, there was a berm on the property that was removed. It was okay to remove the berm when a money-making enterprise was contemplated, but not when the removal is an additional cost with no direct monetary return. We are a residential area and entitled to quiet enjoyment of our property without the interference of noisy, smelly, dangerous equipment being unnecessarily placed within 15.4 feet of our property. We respectfully request that the petition be denied. One particularly insightful letter I read was from a resident that was unable to attend today. This letter was from Mr. Donald Sartore, a resident of Clubside Reserve. You have a copy of his letter. He is a registered structural and professional engineer. He was chief engineer for a large railroad and was responsible for all its environmental Page 147 January 26, 2010 . . engmeermg. Mr. Sartore asked me to comment on a few of his concerns, which are, noise, air, water, and visual pollution. His letter outlines serious concerns with this building being within 15.4 feet of our wall. Mr. Sartore states, approval ofthis variance would affect our ability to enjoy our homes and our quality of life and would, in turn, reduce our property values. Please read his letter and consider my concerns addressed above. Thank you very much. CHAIRMAN COYLE: Thank you. MS. FILSON: Your next speaker is Dale Shaughnessy. He'll (sic) be followed by John Cane. MS. SHAUGHNESSY: She. Good afternoon. Thank you for hearing me today. My name is Dale Shaughnessy, and I live at 6115 Clubside, and I'm Unit 2002, and I believe it was my driveway that was shown by Mr. Saadeh. And I moved to the Vineyards with my 12-year-old son in 1998, and I purchased a small townhouse at that time at a different area in the Vineyards, and I became an equity member of Vineyards Country Club at the time. So I am not only interested as a resident, but I am also interested as a member of Vineyard Country Club. After six years at my other location, I spent a good year choosing my dream condo at Clubside Reserve. There was a lot of new developments going up, but that's where I wanted to be. I use the country club every day, and it was important to me to be close to it, and I understood full well what that entailed, especially being that close to a maintenance facility. I spent months in that area different times of day, and I knew exactly what I was getting into. The existing building is far from my unit. It's set back 80 feet from the wall. And as said before, it is not an issue for me at all. I don't mind the daily noise of the mowers or whatever going by; however, had that building been 14-and-a-halffeet Page 148 January 26,2010 outside of my front door behind that wall, I would not have bought my unit. And further, when I solid my existing condo on the other side of the Vineyards, I sold it through Vineyards Realty. I purchased my new condo through Vineyards Realty. I asked them specifically what else was going to happen in that maintenance area, and I was told nothing. What was there will be there. There was nothing else planned. So when I heard of this happening, in the hopeful sense of cooperative planning and goodwill -- as I said, I'm an equity member, and I live across the street -- I went to see Attorney Rogers and I asked him how this came to be. How did this maintenance building get here? And he said, it was the easiest and most effective, and he didn't really know what the process was, because I thought there was a lot of other area for it to go. And when I told him what was told to me when I bought my condo, he said, that was probably true at that time, but things change. Well, I was specific in my -- requesting my information, and it certainly has changed, and that's why I'm before you today, hoping that you will deny this variance, because when I asked for other information on how we might go about this in a more cooperative fashion, I was greeted with, if you hadn't hired an attorney, maybe we would have been cooperative. I further went on, just to voice my dismay on being treated this way as a member and a resident, and was told by the attorney that what I needed to know is that they could do what they want. I hopefully ask you to prove that that isn't so, and please deny their request. Thank you very much. (Applause.) MS. FILSON: The next speaker is John Cane. He'll followed by Kenith Bloom. Page 149 January 26, 2010 MR. CANE: Good afternoon, Commissioners. CHAIRMAN COYLE: Excuse me just a moment. Mr. Bloom? MR. BLOOM: Yes. CHAIRMAN COYLE: Where's Mr. Bloom? Would you please come to this -- okay. Thank you very much. Okay. Go ahead with your presentation. MR. CANE: My name is Jack Cane. I'm an adjunct professor of science and photographer at Edison State College. During hurricane season, I volunteer at the emergency operations center and maintain information on a survivable website. My wife and I live in a unit that is among those most affected by the proposed value -- variance. CHAIRMAN COYLE: Sir, would you speak more directly into that microphone. MR. CANE: Is this better? CHAIRMAN COYLE: That's much better. MR. CANE: Thank you. My wife and I live in a unit that is among those most affected by the proposed variance. To begin with, I would like to share a view of the berm which I think demonstrates that Vineyards Development Corporation can work successfully structurally in the berm when it suits them. I don't see where any hardship exists. Next I would like to address the implications of the setback variance in terms of the noise level at the boundary wall, which I estimate will go up tenfold if the variance is granted. The reason lies in the way sound varies with distance from the source. Sound energy occupies a spherical shell as it propagates and spreads, so the intensity of the sound will decrease with distance. The area of the sphere depends on the square of the radius, and of -- if we double the distance, the sound level goes down by a quarter. So let's apply that to the present case. The ratio of distances is 50 Page 150 January 26, 2010 to 15.4 or about three and a quarter. Because the area is proportionate to the square of the distance, we multiply that value by itself and get 10.5. So that's the end of the math, sorry. We, therefore, would urgently request that the 50-foot setback remain in place. As to the landscape buffer, my wife and I only recently became aware of this requirement. It's been more than 15 years since this area was constructed, and it seems that our community has been deprived of increased privacy and reduced level of disturbance that a landscape buffer is supposed to provide. We, therefore, request that that requirement be kept in place. Finally, we feel that the Vineyards Development Corporation has not been a very good neighbor. We've been subject to loud noises as early as six in the morning, noxious odors from decaying vegetation piled up in the site. In 2005, during recovery from Hurricane Wilma, our little community became virtually a war zone with projectile impact of materials thrown over the wall onto our driveways and streets. When we -- when we complained, the response was to post a guard on our property, to deny access at our residence to a portion of our own grounds. Commissioners, it's our fervent hope that you agree that these behaviors should not be rewarded with any special consideration, and we urge you to deny both elements of the variance. CHAIRMAN COYLE: Thank you. MR. CANE: I appreciate the opportunity to address you, and I'm happy to take any questions. CHAIRMAN COYLE: Just a comment. The formula you used was for the calculation of the area of sound waves and not the intensity of the sound. MR. CANE: Well, what I tried to show was that intensity varies as the inverse square of the distance, and the best way to visualize that is to notice that the sound spreads out like a sphere, and the sphere has Page 151 January 26, 2010 the area of the -- CHAIRMAN COYLE: The area in which the sound can be heard increases -- MR. CANE: That's right. CHAIRMAN COYLE: -- but not the intensity or volume of the sound. MR. CANE: Oh, yes it does. CHAIRMAN COYLE: No, it doesn't. It decreases. It attenuates as the distance increases. So in any event, let's go to the next speaker. MS. FILSON: The next speaker is Kenith Bloom. He'll be followed by Tom Roets. MR. BLOOM: Commissioners, Chairman, I appreciate the opportunity to speak to you. It won't be long. Burden of proof is on the applicant. There is no proof presented before this board. There is a dearth of proof. Nothing is here but hearsay, no experts, no sound, no formulas, nothing concerning this. That's their burden of proving their case. My name is Kenith Bloom. I'm a retired superior court judge by the State of New Jersey, and prior to my appointment as ajudge, I represented boards of adjustment, municipalities, and I was a member of the Regional Planning Association. Attorney -- I have read the submission forwarded to the Board of County Commissioners by our attorney, Anthony Pires, and I am in total agreement with it in all respects, and especially with the law and the need for a hardship. I wish to supplement that document with the following: The PUD amendment pursuant to PDl-95-1, dated April 6, 1995, reserved the 50-foot setback from any residential area on the property with respect to the parcel containing the maintenance building. By applying for this subdivision, the developer promised to provide the 50-foot setback in perpetuity. Page 152 January 26, 2010 I submit that since the residential property was purchased relying on said promise that the 50-foot setback would continue to exist, a contract between the individual residence and the developer was created, and said contract granted the residents a property interest in the 50-foot setback and, therefore, the developer has waived his right to get a variance at all. It is our property, and that is my contention. Thank you. (Applause.) MS. FILSON: Your next speaker is Tom Roets. He'll be followed by Russell Broad. MR. ROETS: My name is Tom Roets. In Mr. Saadeh's rebuttal marks (sic) on 17 December to the Planning Commission, he said the following, and I quote -- and before I quote, I want you to listen to these words because they are distinctly different than what you heard from Mr. Saadeh about 45 minutes ago. The 50-foot buffer was in the PUD since 1985. When we did the PUD, we did the SDP adjustment for that site itself, PDI-95-1 (sic), is when we met with the staff on all levels and actually hashed out the language in the PUD. And I remember clearly, because I was there. And that's when we proposed this -- I can't recall exactly if this is 20 or 25 feet. But that's when we said, you know, there was no specific size for the buffer to be 10 feet or 20 feet, whatever. We agreed with the staff that this would be, you know, the right size buffer on our part, and to further, you know, to further assist getting the PDI, not just approved, but also looking at it from a marketing standpoint as what we could sell. Additional comments made by Mr. Saadeh are as follows: The '95 buffer that we created was acceptable by the county, was overkill by any standard of the county, and also was helpful to us as a marketing tool. We didn't want these people to look at a maintenance facility. We wanted them to look at a nice landscape buffer, and that was the purpose of it. Page 153 January 26,2010 It wasn't just to pass some kind of zoning or to pass some kind of permit. It was additionally to have the proper view, to have the proper visual effects so that someone can purchase the property. Let me repeat that. It was additionally to have the proper view to have the proper visual effect so that someone can purchase the property. You know, there's an old saying, what's good for the goose is good for the gander. Well, in this case, the gooses said it was important to have the 50-foot setback and a landscape buffer to initially sell the Clubside property. Unfortunately the goose doesn't think these attributes are necessary for the gander in the help of the resale of said property. I would suggest this is a bit of a paradox. Let's compare this paradox to some comments in the Vineyard's mission state which states, we have a mission to create a kinder, gentler living environment that is sensitive to human needs and expectations. The key word, sensitive to human needs and expectations. It appears that the words in the mission statement do not reflect the current actions being taken by the Vineyards Corporation. It's far easier to talk the talk than to walk the talk. I ask the commissioners, as you vote on this issue, to respect the rights of the gander and vote accordingly. Thank you. (Applause.) MS. FILSON: Your final speaker is Russell Broad. MR. BROAD: With your permission Mr. -- this is my building. I am the closest of all. I'm above the two other previous speakers. I have a two-bedroom unit, windows that face directly and are subject to a lot of noise. Mr. Chairman, Fellow Commissioners, thank you for the opportunity to speak on the issue. My name is Russell Broad. I'm the owner of Unit 2003, which is on the second floor, as you just saw, in the club reserve at 6115 Reserve Circle. I bought my unit in November, '08. After losing my wife of 49 Page 154 January 26, 2010 years in May, '08 -- my building number 20 is directly opposite the proposed new shed storage facility. From my second floor unit, I will see this new building and hear the added noise from all the early morning activity. When I have houseguests, they are awakened at six a.m., or shortly thereafter, by all the noise, as I showed just a minute ago. Allowing the Vineyards to construct a new shed storage facility within 15 feet of the wall that separates the maintenance facility from my house will only further add to the noise level and the aggravation of living so close to this facility. I have personally inspected and measured the proposed site of the new building. In my opinion there's adequate space to construct this building within the proper zoning requirements. For all these reasons, I hope you will agree with the planning board's 6-3 negative vote and reject -- rejection, and vote no to the request for a zoning variance, which will be detrimental to my property value, as well as all the immediate neighbors in club reserve. I just, in passing, I would hope, Commissioners, if you do reject it, that you can find some reasonable compromise. I'm certainly open to that, and I think everyone else is. Thank you for your time and attention this afternoon. MS. FILSON: That's your final speaker, Mr. Chairman. CHAIRMAN COYLE: Very well. Commissioner Halas has a question or a comment. COMMISSIONER HALAS: County Attorney, did you state that the 50-foot -- that there was no reason to have a variance on this? THE AUDIENCE: Can't hear you. MR. KLATZKOW: Based on the record that was given to the Planning Commission, which is a different record that's been given to you, that was my opinion. COMMISSIONER HALAS: That the 50-foot needed to stay intact? Page 155 January 26, 2010 MR. KLATZKOW: It was my opinion that the applicant presented no evidence to establish a need for a variance before the Planning Commission and that he got the vote that was warranted. That was a different presentation than was given to you, however. COMMISSIONER HALAS: And so what is your take on the presentation that was given today? MR. KLATZKOW: What is my take? That is for you to determine whether or not you believe that the petitioner has met his burden on getting a -- on being granted a variance. COMMISSIONER HALAS: And what decision do you think that we should take on this? MR. KLATZKOW: Sir-- COMMISSIONER HALAS: I'm look for -- you know, I'm not looking for someone to -- I need to have something stated so that I can make a judgment on this thing, and so I want to know from you, was the 50 foot put there because of the maintenance of the building originally, or was this put in, the 50-foot setback put there because at the original time there was talk of the possibility of a three-story building? MR. KLATZKOW: We researched that issue in between the Planning Commission and now, and we could not come up with any evidence as to why it was 50 feet. It would just be supposition on our part. COMMISSIONER HALAS: Was it stated that the 50-foot had to be there for the buffer of the residential area? MR. KLATZKOW: There was no reason given in the record why there was 50 feet. I cannot tell you why there is 50 feet. The supposition had been that it was because it was the possibility of a three-story building being there, but there was no evidence to back that up. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: All right. Commissioner Henning, do Page 156 January 26, 2010 you want to ask a question now? COMMISSIONER HENNING: Yeah. CHAIRMAN COYLE: Go ahead. COMMISSIONER HENNING: I have several questions. Mr. Klatzkow, it was alluded to that the legal notice is not proper? MR. KLATZKOW: I think the legal notices are proper, and I think judging by what we have here, everybody with an interest is here today. COMMISSIONER HENNING: Yeah. Mr. Saadeh, the -- this tract is a part of the golf course tract? MR. SAADEH: Yes, sir. COMMISSIONER HENNING: Is there any other buildings on the golf course? Well, the clubhouse, obviously, is more than a 50-foot setback from residential. Is there any other buildings on the golf course that may be less than 50 foot? MR. SAADEH: Yes, sir. Actually that ties into the argument and also the question for Mr. Halas. If you don't mind, Commissioner Halas, if you look at the summary of your staff report, and the explanation that the planner wrote, it kind of very clearly explains what the 50 feet was about. I think the -- I don't think anybody in this room have higher authority than your planning staff. Unequivocally, from the top, from Mr. Schmitt, who's retired now, to all the other staff, wrote that summary. We had no contribution to the summary. It clearly states that there isn't a single requirement today in your current LDC or Growth Management Plan that requires that type of setback, which ties hand in hand with, the reason for the 50 feet is because of the three-story over parking. One more evidence that Commissioner Henning just brought up, we have structures that belong to the golf course that abut residential districts that are known as accessories to the golf course, kind of like Page 157 January 26, 2010 this building is. They have -- we have two locations on the south course that the property -- that those structures -- they're relief houses. They're located within 15 feet from the property line, and they're one story, 15 feet from those property lines. They sit exactly on the IS-foot line. And if you -- one more point on a different note. It was mentioned over and over that this building was set 15 feet from the wall, or 15-and-a-half feet from the wall, that's accurate; however, it doesn't sit 15-and-a-half feet from the closest building. The closest building is 80 feet from the corner of the building to the corner of the new building. So it won't be 15 feet to the building. It will be 80 feet from the closest building. And the last remark is, those are the windows impacted. If we keep talking about the noise and the other issues, that use is not being proposed. The existing use is what it is. So I wrap at that. I mean, I'll bring to your attention that the use is there; it's been there for years. Whether this building was contemplated before, the evidence is clear, we didn't own the club forever before. That happened the last two, three years, so the plan changed. As well -- and the last comment is, the use is not being changed. There is no requirement anywhere in Collier County that we know of that they have 50-foot setback. The current LDC doesn't call for it nor does the current Growth Management Plan. And the evidence that the other -- our structures on the golf course are only 15 feet setback, because they're only one story. This is all clear. This is the record. This is a fact. The use is not changing, the intensity's not changing, the noise level is the same. That kind of sums it up. And I'll only reference that, please refer to your staff summary, and I'm only going to take one second of your time and read the last paragraph. The last paragraph in the summary from staff says, to Page 158 January 26, 2010 require the landscape berm's partial excavation compromises the mature 23-year-old trees that are currently grown on the berm. This is counter-initiative in light of the fact that the LDC does not normally require setbacks for maintenance buildings and no zoning district, no zoning district of the LDC even requires multi-family uses to have 50- foot yard setbacks. Your own staff wrote this. Those are the experts. Those are the people you pay to give you advice. This is their advice. I -- please, I plead with you to approve this petition as requested by staff. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: I'm not done yet. CHAIRMAN COYLE: Okay. Go ahead. COMMISSIONER HENNING: How wide would you say that buffer is? No, the berm. I'm sorry. How wide is the berm? MR. SAADEH: The berm, it varies between 65 and 70 feet. COMMISSIONER HENNING: Okay. MR. SAADEH: And we already, as Mr. Pires indicated, we told him that we submitted an SDP. He didn't dig that up; we told him. We're not hiding anything. He came to our office on January 6. We told him we submitted an SDP. We told him what was in the SDP. We said, go to the county. It's public record. Look, anything you want, look at it. So he's acknowledged here today that we're impacting the berm already by 20 to 25 -- COMMISSIONER HENNING: And 25 feet -- MR. SAADEH: -- feet. He's already said that today. So take another 35 feet and try to convince me that we only impact 17 percent of the berm is really just -- that makes no sense, period. I mean, you can ask anybody you want. The letter from Coastal Engineering, they're certified registered engineers, they have a better record of this and better understanding of it than the average layman. COMMISSIONER HENNING: I think it's a 17-foot variance Page 159 January 26, 2010 from the existing 50-foot setback? MR. SAADEH: No. It's 35-foot variance. The building is set back 15-and-a-half feet, sir. COMMISSIONER HENNING: That would take that whole buffer. MR. SAADEH: If you push it back 35 feet, you'll take the berm down, yes, sir. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: Finished? COMMISSIONER HENNING: Yep. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I'm just trying to look at this common-sense wise. And I'm thinking that if we granted the 50-foot variance, which means it would be back up into that berm -- is that correct? MR. SAADEH: Yes, ma'am. COMMISSIONER FIALA: That means the doors would be facing the condos, right? MR. SAADEH: Yes, ma'am. COMMISSIONER FIALA: That means they would then hear all the noise, especially because it's bouncing off the back of the building and at those condos; is that correct? MR. SAADEH: That's a possibility, yes. COMMISSIONER FIALA: You guys -- MR. SAADEH: The doors will face the community, that's correct. I mean, that's a given. We offered to rotate the building, back it up all the way to the other side and put the doors the opposite, which buys you 60 more feet, because that's the width of the building is 60 feet. And that offer was rejected, ma'am. MR. ROGERS: Can I show you on the display so you have a clear understanding? COMMISSIONER FIALA: Yes. I'm just trying to think of what Page 160 January 26, 2010 we can do to protect the neighbors and to work with the developer as well so that everybody wins somehow. So go ahead. MR. ROGERS: We would articulate that we tried to do that, but -- this is where it is if it's -- CHAIRMAN COYLE: Ladies and gentlemen, please, let's be civil. Everybody gets a chance to talk. MR. ROGERS: Again, it would be our position, through the meetings we had, that we tried to do that. As a matter of fact, the exact suggestion you're making we made. Here's the building in accordance with their diagram where it's allowed to go. We don't need to be here. We can build it right here. Here is where we proposed to put it so we don't have to impact the berm and remove the berm. Here's what we offered to do. MR. SAADEH: Other way. Push it back. Push it back. Push it all the way to the wall. MR. ROGERS: Oh, well, we offered to turn it around so that the bay doors would face this way, which is, in essence, what you suggested earlier. I think if you were to grant this variance and they were to come and request that of us, we would probably still do it. COMMISSIONER FIALA: Okay. Now-- MR. ROGERS: But we proposed that once, and they did not accept it. They didn't have any interest in it. COMMISSIONER FIALA: Now, let me ask the sound guys. I figure that Commissioner Coyle and Commissioner Halas here seem to be more familiar with sound than the rest of you do. Don't you have some training in sound, Commissioner Halas? Now-- COMMISSIONER HALAS: That would work -- that would work and that would solve their problem with being, noise pollution, if there was any emitting from there. One of the things that's missing here, you've got the wall, but you don't have the vegetation. So that doesn't give you the true Page 161 January 26, 2010 perspective. But I think if they turned the building around as, was it you suggested -- COMMISSIONER FIALA: Yes. COMMISSIONER HALAS: -- that that would help because the rest of the noise, if there is any noise, would go out into that other buffer area and into the golf course. I think the problem's solved. COMMISSIONER FIALA: And then if they planted vegetation between the back of the building and wall and, you know, like-- COMMISSIONER HALAS: The vegetation's already there. COMMISSIONER FIALA: Yeah, but I mean on this side. They have it on the other side. But on this side and, you know, make it one of those -- I realize that exotic isn't supposed to be but, you know, like a ficus hedge that's so thick that it doesn't let anything through it, and it would buffer and it would also -- would also limit the line of sight. Might that be something that could be lived with? MR. SAADEH: Commissioner Fiala, few residents have mentioned that there are gaps in their berm. There might be some minor gaps in the berm. We conceded that we would go on their property, go through these windows that we labeled on these buildings, look through the window, and if there's a gap in that berm, as they use the term gap, we will plug a tree in that location to block that -- to block that view. COMMISSIONER FIALA: Okay. Now I had one other question, sound guys. If it was that way and if it was close to the wall, would the -- would the sound be as noticeable? I mean, right now they're living with the sound anyway. Everything is -- but it wouldn't be as noticeable if it was -- because it would then go the other way; is that correct? CHAIRMAN COYLE: That's correct, that's correct. COMMISSIONER HALAS: That's exactly right. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: Now, let's pursue this a little further. Page 162 January 26, 2010 Let's not put the building that close to the wall. Let's move the building out just a little further from the wall and let's put landscaping between the wall and the building. COMMISSIONER FIALA: That's what I was suggesting. CHAIRMAN COYLE: Yes, I know it was what you were getting at. But you have a pathway there, don't you? MR. SAADEH: Yes, sir, yes. CHAIRMAN COYLE: If you left enough room for your pathway and some vegetative buffering, trees that would be higher than the building, as an example, that would achieve the objective of hiding the building visually and reducing the amount of noise that would propagate back toward the residential area. And tell me, how much room could you -- could you allow under that configuration between the wall and the back of your building without doing any more excavation to the berm on the other side than you're already planning on doing? MR. SAADEH: Okay. This picture shows it a little bit better. This side of the building, we've already established, it gets into the wall -- the berm a little bit and requires a little bit of retaining work to be done. This pinch here, this is the biggest pinch right here. This is the 15.4 feet. You need to have equipment that goes on the golf course and certain-size mowers as well, and those are not -- some of the mowers and some of the equipment -- some of the equipment's very small, some of the mowers are fairway mowers, they're known as, they're super wide. I don't have a clue how wide they are, but I know they're bigger than your average car, and there's some other pieces of equipment that are used on the golf course that are wide in nature as well. So this is my pinch, that 15.4 feet. Ifwe were to say another 4- or 5-foot buffer, that leaves me 10 feet on the side between either hitting the berm or hitting the building. So it's a -- you know, one of the suggestions was made that Page 163 January 26, 2010 because of -- the reason we're here, because the space is tight from -- keeping pushing it this way to moving the berm, I clearly have more distance in this locale than I would on this corner. I clearly offered to add to this existing vegetation that we created years ago and fill all the gaps that will possibly see this from that distance. If we were to put the building anywhere other than right against the wall, it leaves me very little distance to run the mowers, because I have to channel this cart path from this way to around the area. And this is where -- this is the 15.4 feet. I mean, you use it this side, that side. It's just 15.4. I can't make it bigger. So if a compromise would be fill in gaps on their side of the wall because it can handle it -- and those are minimum gaps. I showed you these pictures. They were not tampered. They were not done -- enhanced or anything. You've been to the site, Mr. Chairman, a couple commissioners have been to the site. That vegetation is very thick. We will add to it on the pinch point. And if I have to put another 5-foot strip in the area where I have the distance to just support that, you know, on the limited length, but 75, 80 feet, 100 feet, we'll be immune to that. As -- again, as a compromise and as a gesture of good will, if you will. CHAIRMAN COYLE: Okay. Let's not leave this -- please position the building the way you are proposing it now. Okay. Now -- and the closest to the -- closest corner to the wall is 15.4 feet. MR. ROGERS: Yes, sir. CHAIRMAN COYLE: Now, let's make -- let's make the building parallel to the wall at -- let's say at 20 feet from the wall. MR. ROGERS: This is my estimate. I think it's about right there. CHAIRMAN COYLE: Okay. Now, what you've done by doing that is that you have reduced the amount of excavation you have to Page 164 January 26, 2010 make on the berm on the other side, right? By making the building parallel to the wall, you've reduced the amount of excavation you need to make on the berm on the northwestern side of that building? MR. ROGERS: Here? CHAIRMAN COYLE: No northwestern side. That's the northeastern side. MR. SAADEH: In set it back 20 feet, I've added -- I've encroached on the berm, additional 5 feet. CHAIRMAN COYLE: Only for one corner. You've actually moved it back away from the berm on the other corner. MR. SAADEH: That's correct, that's correct. CHAIRMAN COYLE: Okay. So that means you don't have to do as much excavation on the berm from the other corner. You have to do a little more on this corner over here, but then you can landscape along the wall. And if that solves everybody's problem, is that such a big deal for you? MR. SAADEH: No. Unfortunately, it wouldn't work that way, because if you backed it up 20 feet from here, then there's no room to run the equipment. If I buffer this, where am I going to run the equipment? I lost my 15.4- foot scape. If you're telling me that this will run right here, I would say that would work. If you're saying push it 20 feet back and buffer this, that doesn't do anything. Then I have no room to bring equipment, not this side, not that side. The building will be enclosed. The berm will be hitting me on this side, except for my -- maybe one corner, and I'll be landscaped on that side. I'll be boxed in. It wouldn't -- it wouldn't serve the purpose. It wouldn't do anything. CHAIRMAN COYLE: I don't see that, but nevertheless. MR. ROGERS: The berm is approximately like right here, so where these bay doors are. CHAIRMAN COYLE: No. The berm does not run parallel to the wall. Page 165 January 26, 2010 MR. ROGERS: I agree. It runs at an angle. COMMISSIONER FIALA: Why can't you move the building down? MR. ROGERS: That's correct. CHAIRMAN COYLE: That's right. MR. ROGERS: It runs about like this. CHAIRMAN COYLE: That is correct. So you would have to -- MR. ROGERS: You would have to-- CHAIRMAN COYLE: You know, the compromise is up to you, okay? If you don't want to try to find a way to deal with the issue, then you just have to hope that you've got three votes to approve it, okay? COMMISSIONER FIALA: What about moving it down a little bit so that you have -- MR. ROGERS: Well, we already offered, so I'm clear, to put it up against the wall with a couple feet off. THE AUDIENCE: Can't hear. MR. ROGERS: We already offered to put it up against the wall with a couple feet off, and that was rejected. So as you so eloquently stated before, I'm not sure that it's just up to us, so -- CHAIRMAN COYLE: Okay. MR. ROGERS: I think that would probably have to be posed to CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: I'll be honest with you, Commissioner Coyle, as far as the building goes and the turning of all that, when I originally pushed my button, that was my original idea, but I'll give you credit for it. CHAIRMAN COYLE: Oh, you're always trying to take credit for my ideas. COMMISSIONER COLETTA: I've got to stop writing my notes down where you can read them. Page 166 January 26, 2010 CHAIRMAN COYLE: Then Commissioner Henning? COMMISSIONER HENNING: I'm ready to close the public hearing. CHAIRMAN COYLE: Yes, if you've finished asking questions. But Mr. Pires, has there been any new information presented that you would like to address that you didn't have a chance to address before? I don't want a summary and a rehash of everything else, but if there's been any new information presented, I would welcome a comment from you, and then we'll close the public hearing. MR. PIRES: No, sir. It's all in the record or prior filings and-- CHAIRMAN COYLE: Okay. MR. PIRES: -- there's no new information to rebut. CHAIRMAN COYLE: Thank you very much. Then do any of the commissioners have any questions -- COMMISSIONER HALAS: Yes. CHAIRMAN COYLE: -- of anyone there? Okay. Commissioner Halas, go ahead. COMMISSIONER HALAS: Michael, is it possible that you could move the building out from the wall about 5 to 6 feet and put vegetation between the wall and the building to buffer the building, or does it have to be right up against the wall? And you turn the building around as it's shown at the present time. MR. SAADEH: Again, Commissioner, if I turn the building like this -- COMMISSIONER HALAS: Yes. MR. SAADEH: -- and need to create a 5-foot, per se, buffer, I wouldn't have a lot of problems with it on this portion of the building, but my pinch remains here. This is my 15 feet that I have to run mowers and everything through here, because the berm -- that's how caught I am, whether I put it this way or this way, the IS-foot is fixed. That number doesn't change. I mean, that's my real pinch. So if it helps to do vegetation on a portion of it where we can and Page 167 January 26, 2010 we still stand the building a little bit and the other areas where I have the pinch, they can't be vegetation, we'll add it to this side of the wall, that's an option that we will work with. I mean, we've offered again and again vegetation on this side of the wall. Any gap in the berm, we will fix that. COMMISSIONER HALAS: Can you move the building closer to the other building? MR. SAADEH: The problem with that is the fire department codes and regulations. They require certain -- they require -- the fire people have reviewed this already. They require a certain turn radius. We actually offered to do different things in here. They've required separate fire hydrants on this site, they've required different things. They need this to be open at all times. This is an existing turnabout that they feel they need for emergencies. Luckily in the 23 years we've been there, we've never had one. I hope we don't have one now. COMMISSIONER HALAS: Then that poses another question. Was there some requirements by the fire code in regards to how wide that opening has to be so that maybe they have to bring fire trucks in that way also? MR. SAADEH: They've addressed that two ways. One is they insisted on another fire hydrant placed on this corner of the building, and the bigger ticket item was, they made this building sprinkled. The existing building is not sprinkled. This one has to be sprinkled. And that, as you know, bumped it up. So they did take care of that concern. This building is 100 percent sprinkled. COMMISSIONER HALAS: Okay. The -- this is getting more complicated as we get into this thing. When we look at the possibility of people in the residences that are on the second floor, how much effort -- how much are you going to address this to make sure that the residents do not see this building when they're looking out their second-story window? Page 168 January 26, 2010 MR. SAADEH: Again, I hope I'm not being redundant, but we offered to go to each individual window on these buildings that have the potential of looking into the existing -- the proposed building and said that we'll go through these windows. If there's any gap in any wall, we'll put a sizeable-enough tree there to plug that gap. COMMISSIONER HALAS: Okay. The other question -- the other -- a comment that was made by one of the residents, and that was that they start hearing noise at six o'clock or 6:30 in the morning. Can you elaborate on that, being that this is a golf -- golf course community . MR. SAADEH: Well, I mean, every golf course community in town and every -- people who live in golf course communities, especially golfers who play the game, they have a certain expectation of the place being ready a certain time to go out and play. Unfortunately, you cannot maintain the golf course facility when people are in play, so you have to do it a little on the early side. It's not unique to the Vineyards. I think if you ask your staff, they'll tell you that, you know, in a lot of areas most of the time we try to get in with the heavy stuff around seven. There's times it's been before seven, that's accurate. But, again, this is standard with golf course operations. It's standard across the county. COMMISSIONER HALAS: Okay. Can you live with something of this nature where the building is turned around so that it's not affecting the neighbors noise-wise along with addressing their other concerns of not seeing this building or this maintenance area through their upper-story windows? MR. SAADEH: We offered that. We absolutely will keep that offer on the table. I mean, if they'll accept rotating the building, putting the overhead doors on the opposite side -- the width of the building is 60 feet. Presuming this goes that straight against the wall, you buy 60 more feet from here to here for the noise to travel, then Page 169 January 26, 2010 when you open these doors, you open them this way, away from that. And I mean, one very relevant point, very relevant point, the view orientation and the peace and enjoyment areas of this building face this way towards the lake. That's on the wall. This is a backup, secondary bedroom in the back of the unit. That's not where the living area is, that's not where the lanai is, that's not where you sit down for enjoying your view. And so you tack to that the -- from this corner of the building to the 15 for our proposed is 80-some feet. If you add this to it, turn it around, you're adding 60 more feet before the noise starts traveling in that direction to a secondary window. COMMISSIONER FIALA: Okay, thank you. CHAIRMAN COYLE: Okay. Ladies and gentlemen, I want to finish this up by four o'clock. So does anybody have any other questions that are relevant here? If you have conditions you want to apply to any motion that you want to make, we can do that. But is it absolutely essential that we question anybody any more or this issue? COMMISSIONER FIALA: Commissioner Coyle, I had my button on, but Commissioner Halas already asked my question, and that was to move the building. CHAIRMAN COYLE: Okay, good. Commissioner Henning? COMMISSIONER HENNING: I'm ready for you to close the public hearing. CHAIRMAN COYLE: Okay. I've closed the public hearing. That's it. Now, you can -- anybody want to make a motion? COMMISSIONER HENNING: Yeah. I want to -- first of all I want to recognize the notebook the Mr. Pires provided all the commissioners, all right. You-all got the booklet? COMMISSIONER HALAS: Yep. COMMISSIONER HENNING: Which was very helpful. The issue is on considering a variance. Page 170 January 26, 2010 THE AUDIENCE: Can you speak up? COMMISSIONER HENNING: I am. The issue is, when considering a variance, is that it has to be -- one of the requirements has to be reasonable use of the property. If it is normal to have this separation distance of 50 feet throughout Collier County, then I would say that the owner already has his reasonable use, but not knowing, since I'm not a golfer, and knowing that we dealt with this issue in Pelican Bay about separation and it was -- if I'm remembering right, it was something like 5 feet between a maintenance building and a residential area; therefore, I'm going to make a motion to approve the variance with conditions. Also in the variance request that -- there were special conditions in this -- on this piece of property with the -- with the land, existing with the land, so I'm going to make a motion to approve the variance with conditions. I'm also going to, in my motion, 20 days after this hearing if the residents request the building to be moved up no closer than 5 feet of the wall for the enjoyment of less attenuation of noise, that the developer will do that, and also in my motion, that the petitioner will fill in gaps within the existing vegetation at Clubside Reserve if requested by the unit owner for that visual at the time prior to CO of the building. Also, Mr. Saadeh, would you consider having the roof green to -- so it would kind of blend in with the landscaping? MR. SAADEH: Yes, sir. COMMISSIONER HENNING: And that's -- also that the roof shall be a green color to blend into the roof -- blend into the vegetation. COMMISSIONER COLETTA: I'll second that. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Henning to approve with certain conditions as specified, and a second by Commissioner Coletta. Page 171 January 26, 2010 Any discussion by commissioners? Commissioner Halas? COMMISSIONER HALAS: In that motion, Commissioner Henning, is the idea of the building. Are you saying the building will be facing -- the doors will be facing away from the residents? COMMISSIONER HENNING: If the residents want to turn the building -- COMMISSIONER HALAS: Okay. COMMISSIONER HENNING: -- have the building turned around. COMMISSIONER HALAS: And that's the 20-day period? COMMISSIONER HENNING: Yes. COMMISSIONER HALAS: I understand. CHAIRMAN COYLE: Okay. Any further discussion by commissioners? (No response.) CHAIRMAN COYLE: Okay. All in favor, please signifY by saYIng aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: All opposed, like sign? Aye. It passes 4-1. MR.OCHS: Commissioners, did you want to take a short break for the court reporter? CHAIRMAN COYLE: Yeah. We'll take a ten-minute break agaIn. (A brief recess was had.) MR. OCHS: Ladies and gentlemen, please take your seats. Item #8A Page 172 January 26, 2010 ORDINANCE 2010-05: PUDA-PL2009-781: CRAIG T. BOUCHARD OF TENNIS REALTY, LLC REPRESENTED BY MICHAEL R. FERNANDEZ, AICP OF PLANNING DEVELOPMENT INC., IS REQUESTING AN AMENDMENT TO THE NAPLES BATH AND TENNIS CLUB PLANNED UNIT DEVELOPMENT (PUD) (ORD. NO. 81-61) TO REVISE THE SITE DEVELOPMENT PLAN APPROVAL PROCESS FOR THE TRANSIENT LODGING FACILITIES ACCESSORY USE AND ADDING DEVELOPMENT STANDARDS FOR TRANSIENT LODGING FACILITIES, BY AMENDING THE DEVELOPMENT PLAN COVER PAGE; BY AMENDING SECTION II, PROJECT DEVELOPMENT, SUBSECTION 2.3.B.; BY AMENDING SECTION IV, TRACT B: RECREATIONAL CLUB DEVELOPMENT, SUBSECTION 4.3.B.3); BY AMENDING SECTION IX. DEVELOPMENT STANDARDS, ADDING SECTION 9.12, TRANSPORTATION IMPROVEMENTS AND ANY OTHER STIPULATIONS OR REGULATIONS THAT MAY RESULT FROM THE AMENDMENT PROCESS PERTAINING TO TRANSIENT LODGING FACILITY UNITS WITHIN THE 20 ACRE TRACT B OF THE 153.7 ACRE PROJECT. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF AIRPORT- PULLING ROAD, BETWEEN PINE RIDGE ROAD AND GOLDEN GATE PARKWAY IN SECTION 14, TOWNSHIP 49S, RANGE 25E, COLLIER COUNTY, FLORIDA - ADOPTED CHAIRMAN COYLE: Okay, Mr. Ochs. We're going to go to 8A. And do you feel compelled to read this item, or can you give us a quick summary? MR. OCHS: I don't need to read the whole thing, in the interest of time, Mr. Chairman. This is your two o'clock time certain. It's advertised public Page 173 January 26, 2010 hearings,8A. And what we have here is a petition from Craig T. Bouchard of Tennis Realty, represented by Michael Fernandez, requesting an amendment to the Naples Bath and Tennis Club planned unit development to revise the site plan approval process for transient lodging facilities accessory use. And we'll leave it at that. CHAIRMAN COYLE: Okay. Thank you very much. Do we have all of the participants in one room now? They are in other rooms? THE AUDIENCE: And in the hall. CHAIRMAN COYLE: Okay. We just won't tell them what's going on in here. COMMISSIONER HALAS: This is a big secret meeting. CHAIRMAN COYLE: Tell them that we've adjourned. Okay. For all of those who can hear me -- MS. FILSON: They can hear you. COMMISSIONER FIALA: They can hear you in the hall. CHAIRMAN COYLE: -- if you're going to provide testimony in this hearing, you must stand, raise your right hand, and be sworn in. COMMISSIONER HALAS: What do we do with people outside the room? MS. FILSON: I don't have that many speaker slips. CHAIRMAN COYLE: Ladies and gentlemen, if that many people are going to speak, then I'll open the doors and we can all leave. MR. SAUNDERS: Mr. Chairman, Mr. Chairman? We have seven speakers. I just thought it -- CHAIRMAN COYLE: Okay. Only the people who are going to be providing testimony in this hearing need to stand and be sworn in. That includes the people in the hallways, in any other buildings or anywhere else. And if you're not here right now, I'll probably ask you when you come to the podium, have you been sworn in. So please raise your right hand, and you will be sworn in by the Page 174 January 26, 2010 court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN COYLE: Okay. Thank you very much. Now we'll have ex parte disclosure by the commissioners, and we'll start with Commissioner Fiala. COMMISSIONER FIALA: Okay. Thank you very much. Yes, I've had meetings, correspondence, emails, phone calls, and actually I've had a lot of correspondence. This is it, and I just wanted to let you that I know have it here. It's on file for anybody to view if they -- if they feel that's important. I've had my meeting's with Burt Saunders, Craig Bouchard, Burt Saunders and Bruce Anderson, I had a phone message from Jim Davis, and I believe that's everything, Commissioner. CHAIRMAN COYLE: Okay. Thank you very much, Commissioner Fiala. Now, Commissioner Halas. COMMISSIONER HALAS: Yeah, good afternoon, ladies and gentlemen, and thank you very much for your perseverance. We're sorry that we're running a little late. But anyway, as far as disclosures on this, I have met with Burt Saunders and Craig Bouchard on 5/20/09. I've had numerous, and I say that very distinctly, numerous emails in regards to this. I've had meetings and correspondence and, of course, I met with staff, and I think I'm about ready to go and listen to this. Thank you very much. CHAIRMAN COYLE: And I also have had a lot of correspondence, emails, telephone calls, telephone conversations with people for and against this project. I've met with Mr. Bouchard and Mr. Saunders and other representatives who are in favor of this particular project, and I have a correspondence file -- COMMISSIONER FIALA: Oh, my heavens. CHAIRMAN COYLE: -- that you're free to read if you'd like to. It's probably the only way you're going to stay awake through the Page 175 January 26, 2010 hearing. But in any event, it -- we've gotten a lot of information on this project. Commissioner Henning? COMMISSIONER HENNING: Yes. I met with Burt Saunders and Craig Bouchard, received the staff -- staffs report to the Planning Commission; I received petitions from Mr. Bill Busch, along with Jim David and Joe Singer; I received voluminous amount of emails, and that's it. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Halas (sic) is temporarily absent. We hope he'll be back shortly. COMMISSIONER HALAS: No, I'm here. CHAIRMAN COYLE: I'm sorry. COMMISSIONER HENNING: You said that right. COMMISSIONER HALAS: I owe you one. CHAIRMAN COYLE: That's a big joke. When I was not the chair and people referred to me by the wrong name, I created a poster and I put it up here, and I held it so that the chairman could make sure he got my name right, and I've made the same mistake. But Mr. Coletta is not with us right now, but he will return hopefully very shortly. Now, here's what we're going to do. How many speakers do we have? MS. FILSON: Thirteen, 15. CHAIRMAN COYLE: Thirteen speakers, okay. And you had seven? MR. SAUNDERS: In that package I think there's seven, and I think Craig Bouchard's thing is in there, so there may only be 12, but we have seven from the public speaking. CHAIRMAN COYLE: Okay. MS. FILSON: No, I have 13 speaker slips. I thought I had 15, but I have 13 now. Page 176 January 26, 2010 CHAIRMAN COYLE: Halas, okay. MR. SAUNDERS: And we'll make it as quickly -- as quick as we possibly can. CHAIRMAN COYLE: Okay, that will be fine. Thank you very much. And Commissioner Coletta has joined us now, ladies and gentlemen. (Applause.) COMMISSIONER COLETTA: And I'm going to vote the way you want if you clap the loudest. MR. KLATZKOW: Does Commissioner Coletta have any ex parte? CHAIRMAN COYLE: No, no. He is now though, ex parte. COMMISSIONER COLETTA: 8A, right? CHAIRMAN COYLE: Yes. COMMISSIONER COLETTA: I got a relative that's in the hospital that's from out of town, and we're trying to deal with a whole bunch of situations. Thank you, Commissioner Henning. On 8A, I've had meetings and read the staff report, and everything that you may wish to see will be right in my folder. CHAIRMAN COYLE: Okay. Thank you very much. Mr. Saunders, you may continue. MR. SAUNDERS: Thank you, Mr. Chairman and members of the county commissioner. For the record, my name is Burt Saunders with the Gray, Robinson law firm. With me serving as co-counsel is Bruce Anderson with the Roetzel & Andress law firm; and also we have the applicant, Tennis Realty, LLC, represented by Craig Bouchard; and also the applicant's agent, Mr. Michael Fernandez with Planning Development, Inc. On the visualizer is an aerial photograph of Tract B at Naples Bath and Tennis Club. Tract B consists of about 20 acres and contains Page 177 January 26, 2010 the tennis courts, the clubhouse facilities, and will be the location of the proposed transient lodging facilities if this is -- if this petition is approved. I'd like to go over to the board for just one quick moment. This is a -- an aerial of the entire Naples Bath and Tennis Club residential community along with the Tract B in the center. And I wanted to put this up here at the beginning because there may be some conversation during this discussion about traffic within the community if this petition is approved. Commissioners, this is Airport Road right here, and this is the entranceway into Naples Bath and Tennis Club. And you'll notice that there's a driveway that goes straight into the Naples Bath and Tennis Club facilities. This is the location where the clubhouse is and where the residential units, transient lodging units will be located, and so there'll be no traffic impact at all in the surrounding community. There will be a traffic impact at the entrance. We have a traffic study that indicates that there'll be 428 trips per day maximum associated with the transient lodging facilities. I wanted to point that out at the beginning because there really is no significant transportation issue here. As a matter of fact, I think it can be argued that the transportation will be lessened because people who are coming to tennis tournaments and staying at these transient lodging facilities will simply stay on site as opposed to leaving the tennis tournament, going out for lunch someplace or going back to their hotel unit somewhere off site. So there will be a reduction in traffic, if anything. In a few moments, Craig Bouchard will address the County Commission to discuss why this project is so important, not only to the tennis facility and the clubhouse facilities, but also to the residential community that surrounds it. Craig will also give you a brief history of his involvement with the Naples Bath and Tennis Club. Page 178 January 26,2010 Craig and his investors have spent a great deal of time and a great deal of money renovating and reinvigorating the club at Naples Bath and Tennis Club. We received a letter from Mary Goldschmidt, who is a 17 -year resident of Naples Bath and Tennis Club, that's very typical of the types of letters that we've received in support of this application. Ms. Goldschmidt says, and I'm quoting from her letter, Mr. Bouchard has been a model manager of the tennis club in recent years and hence deserves this vote of confidence in his revision for a revitalized club. And Commissioners, it's a revitalization of this Naples Bath and Tennis Club that's really at the heart of this application. Many years ago there was a group formed called the Concerned Citizens of Naples Bath and Tennis Club, and they were formed to oppose a large stand-alone hotel. That group now consists of a very few residents that are still opposed to any construction of transient lodging units, and you're going to hear from a few of those people here today. But according to many former members of the Concerned Citizens of Naples Bath and Tennis Club, the original purpose of that group was to promote the best interests of the Naples Bath and Tennis Club residential community and, of course, to oppose that large, stand-alone hotel back in 1996. Most of that original group, most of those members, are now supportive of this petition. And as an example of that, you have in your packet a letter from Chester Kauffman who is going to testifY today, and he stated that he was once a member of this Concerned Citizens of Naples Bath and Tennis Club but now fully supports this petition, and I think it's important to understand why Chester Kauffman and many other former members of this group support this petition. This is just a short quote from his letter; therefore, because I still Page 179 January 26, 2010 hold to the real reason for which the Concerned Citizens of Naples Bath and Tennis Club was organized, I urge you to support and approve the PUD changes requested by Mr. Craig Bouchard allowing on-site lodging to be added to the present club facility. The survival and healthy growth of the Naples Bath and Tennis Club are vital to the surrounding community, and especially to all properties in the Naples Bath and Tennis Club. Those were his comments as a former member of that group. Mr. Bouchard will point out to you that there have been literally hundreds of letters in support of this application. You have in your packet this document, which is 418 letters of support for the -- this transient lodging facility. What's important is that 351 of these letters are from property owners within Naples Bath and Tennis Club. That's about 70 percent of the 516 unit owners in that community. And, you know, some people don't respond to those types of requests for positions. A few people were opposed to it. So 70 percent showing support really is huge. And again, as noted, many of the former owners that opposed the prior project are now supportive. Pardon me. We have a large number of Naples Bath and Tennis Club members and residents here to show their support for this project and to show their support for Craig Bouchard, who is seeking to ensure the financial viability of the Naples Bath and Tennis Club. Commissioners, we have 206 people that came here today to show their support. What I'd like to do, if you don't mind, is just ask the people, first of all, just the residents, property owners, and supporters -- if you own property in Naples Bath and Tennis Club and you support this, if you'd stand up for just a moment; residents and property owners and Naples Bath and Tennis Club. And then if there are any other members of the audience if you're supportive, if you'd stand up. I wanted to show you that we're not talking about just club Page 180 January 26, 2010 members that may live in different parts of the community that may be members of the club. We're talking about property owners in Naples Bath and Tennis Club. Thank you very much. In the interest of time, we do have about seven speakers to express their support. And I know that, and I -- I know some of the commissioners were somewhat concerned about transportation, how these folks got here. We certainly didn't want to have 206 people driving to fill up the parking lots here, so we -- Craig Bouchard did provide some transportation to help some of the people that wanted to come here and speak. I can tell you that every one of them would like to get to the microphone and talk to you about how important this is for their community. They understand that the survival of this club and their community is dependent on this. Before we hear from Craig, let me give you a brief explanation on how we arrived at the current application and what this application does. In 1996, Circuit Judge Ted Brousseau entered an order in case number 96-2513-CA declaring invalid approval by the Collier County Planning Commission of petition 96-CU-5, which would have authorized the construction of 48 transient lodging units at Naples Bath and Tennis Club. In that 1996 case -- and I think this is interesting -- Ann Dilbone was the plaintiff who actually sued the county to stop this project -- to stop the construction of the stand-alone hotel. Ann Dilbone now supports this proposed PUD amendment and Craig Bouchard's proposal for these units, and I believe she's a registered speaker here this afternoon. So a lot of things have changed since 1996 in terms of the community, the interest in this club, but also the project itself, as we'll outline in a few moments. Judge Brousseau recognized that the original PUD document permitted the construction of those units but found that approval of Page 181 January 26, 2010 those units by the Planning Commission after ten years was, in effect, a change of the original PUD ordinance by the Planning Commission. The judge opined that the Planning Commission did not have the authority to override the county ordinances. I don't think anyone would disagree with that conclusion. When the new owners, represented by Craig Bouchard, again applied for the approval of these transient lodging units, the county attorney issued a letter indicating that the petition should not be heard by the Planning Commission because of the existing order issued by Judge Brousseau. The county attorney was looking out for the interest of his client, the County Commission, and that's good lawyering. He was right in that conclusion. The county attorney further noted in that letter that the applicant may want to consider seeking a declaratory judgment to clarifY what limitations were imposed by the judge's order. Mr. Bouchard was left with no alternative but to seek a declaratory judgment. This past summer, Judge Pivacek granted Mr. Bouchard's motion for summary judgment and issued an order -- and I want to read one sentence from that order. The Collier County Commission may amend the planned unit development document for the Naples Bath and Tennis Club if it chooses to do so, and the County Commission may allow development of transient lodging units in the PUD. It's a clear statement of your police powers that no court can take away from you; therefore, there is now no legal impediment of any kind to the County Commission hearing this petition and approving this petition. The Planning Commission heard the application on December 17,2009, and recommended approval on a 6-2 vote. They did ask for one clarification, which was brought back to the Planning Commission on January 6th and by unanimous consent on the consent agenda was approved. The very thorough staff report recommends that the County Page 182 January 26, 2010 Commission approve petition PUDA-PL-2009-781. Staffhas reviewed this petition in light of your existing LDC requirements. They have findings in the document, the PUD findings and the rezone findings, that we agree with. Your staff did an excellent job in evaluating this and found nothing inconsistent with the granting of this petition and your existing codes. Let me spend just a moment talking about what this petition does because it's really quite -- it's a quite simple petition. Two things. First the proposed 48 transient lodging units are an approved accessory use ofthe Naples Bath and Tennis Club, Tract B. Paragraph 4.3.B.3 of the original PUD document is amended to reflect the following: The transient lodging units shall be subject to review and approval through the county's adopted Site Development Plan procedures as provided in LDC Section 10.02.03 or as it may be amended from time to time. Commissioners, this is the same procedure that you use for the approval of accessory uses in most, if not all, of your existing PUDs. Second, the proposed amendment provides the criteria to be evaluated by staff as part of the site development plan review process. These types of criteria are routinely contained in your PUD documents now but were not contained in this original PUD. And remember, this was one of the original PUDs that the county approved. This ensures that if the county commission approves this PUD amendment and the 48 transient lodging units are applied for to be constructed, that there are proper standards to guide your staff in the development and approval of that site development. We do have a list of those criteria. They're contained in the ordinance. I don't think it's necessary to put them on the screen, but if you want to discuss those, we certainly can do that, and Michael Fernandez, the applicant's agent, is here if we have any questions dealing with some of those standards. But these are the standards that Page 183 January 26, 2010 have been approved by your staff and recommended. There are a few other technical changes that staff may want to address, but these are the major things contained in this proposal. The clarification from the Planning Commission is simply language that says that the driveway to the south side of the clubhouse cannot be moved. And let me move over to the wall for just a second. The driveway on the south side of the clubhouse cannot be moved to accommodate any buildings -- any of the buildings for these transient lodging units. This is to ensure that the very dense buffered area continues to shield this from any other residential communities. Commissioners, what I'd like to do is introduce Craig Bouchard, unless there's some questions, to address the commission on why this is so important and why this is so important not only to the clubhouse, but as to the community itself. But as Mr. Bouchard is coming up to the podium, I know that there's always an effort to try to arrive at compromise. There's always an effort to see if there's a middle ground to make sure that the neighborhood is protected, to make sure that the petitioner is considered. And Mr. Bouchard made many efforts to compromise to work with the objectors on this, but he was not able to meet with them. And so what Mr. Bouchard did is he basically compromised with himself. He's limiting this to 48 units. And there's nothing that says that he couldn't ask for 50 units or 60 units. He's asking for 48 units. That's the absolute minimum that he can build from an economic standpoint to salvage the club. He's also compromised in terms of the footprint of this. He's committed to this -- the footprint of the buildings and the parking to cover no more than one acre of Tract B, and that's 5 percent of Tract B, and that's to show that this truly is an accessory use to the clubhouse facilities and the tennis courts that occupy most of Tract B. And so Mr. Bouchard has tried to make sure that this is the least impactful that -- of a project that can be built in order to continue to Page 184 January 26, 2010 operate the club. With that, unless there's some questions, I'd like Mr. Bouchard to address the commission. CHAIRMAN COYLE: Okay, thank you. Mr. Bouchard? MR. BOUCHARD: Commissioners, thank you very much. It's a pleasure and also very stressful to be here. CHAIRMAN COYLE: You're telling me. MR. BOUCHARD: Keep in mind we all watched the last one on TV outside. That was more stress than I've had in -- at least in a day. I'd like to just talk a little bit about the past, a little about the present, a little bit about the future so you have a good picture of this. And I'll try to be very concise. And I've asked our speakers to not go over two minutes as well because I know that it's a lot to digest. The past is this: I am not a real estate developer. I'm basically a person from Chicago who married a beautiful girl whose family was raised at the Naples Bath and Tennis Club. The parents had 11 kids and they lived in a three-bedroom condo in there for a decade, and then they got a house, and they still live there, at least the father and his wife. The club -- you know, a very, very key piece of history is this: The community is called the Naples Bath and Tennis Club. The club was built first roughly 30 years ago. It was built in the middle of nothing at that time, as many of you would appreciate, with a two-lane road going there. The units, condominiums, roughly 400, and 100-plus homes were built after that, and basically everybody moved there for the tennis club. It was the finest tennis club in the United States when it was built. And there are people here that were in the original group of owners, you know. It's a passionate crowd that came from many, many states in our country to populate this community. And it wasn't that the community was called something else. You know, it wasn't Grey Oaks or Page 185 January 26, 2010 Kensington or anything else. The Naples Bath and Tennis Club is the community. The people came here because of tennis, and many, many, many of them are still here, and the people are still coming because of tennis. We somehow get confused when we think about this, a community with a tennis club. It's the reverse. The tennis club was there first. And it was the finest in the United States. It went downhill over the years, and we have tried to bring it back to that status. I believe in the world of sports -- and you know, we can't -- with things like Haiti having just happened, sports is not the most important thing in the world, but it's important. This is a cultural icon of our town. This is, in the world of sports, what the Phil is or what the water park is or what the Botanical Gardens are. This is a place where every year 3- to 4,000 people come from all over the world just to say, my God, I'm playing in the best, most beautiful tennis club that exists, and today, as -- which is an unusual day, was the beginning of a tournament where we have 400 adults from four continents that have brought their families to Naples just to play the tennis tournament at our club. They stay in hotels, they eat in our restaurants. They come in and out of the community three times during the day. And just like Burt said, they come in for breakfast, they practice, they come back for a match, they go out for lunch, then they come back in the afternoon. If they've lost, they play another match that day, and they'll come back for the party tonight. Traffic is not an issue here. These people will be staying in our guesthouses. We'll have a lot less traffic if this happens. But I don't want to get too lost on traffic here. When I was approached to buy the club, I put together a small group of my family and friends. The prior owners were losing a great deal of money and the club was going to go dark, and my wife asked me to buy it. I mean, I wish there were a better reason. But, you Page 186 January 26, 2010 know, quite frankly, that was the first reason. So I came down and I said, honey, come on. I'm in the steel business, my God, you know. But I met the people. Before I went -- before we bought the club, I met with actually a large group of the people in here in separate meetings saying, look, there's a long history here of why this club has not made money and why it's stumbling and why it's about to go dark. And the fact is, with 38 tennis courts in today's economy when you pay, you know, certain wage rates for waiters and waitresses and when insurance costs have tripled and, you know, all these terrible things have happened on the cost structure, it's impossible to maintain these kind of places with our members paying $200 a month and $1,000 to join. You know, this isn't like a golf club. This is a tennis club. And so at that time I said, I will entertain this, but we have to have a business plan that works; otherwise, we're all asking for failure. And I said it was really simple at the time, same thing five years ago that it is today, you've got to maintain our members and you've got to rejuvenate a little bit, because our average age in the age club is, you know, 70-plus years. We rejuvenate by replacing what was not a very good junior and adult tennis academy with a very good one; and then, because we've got and always have had these 3- to 4,000 visitors every year, we've got to have some guestrooms. If we can make -- basically the owners have always lost a million dollars a year at this club. And I said, if we can build a good tennis academy, both for adults and kids, we can get a half a million dollars a year out of that. And if we can build these guestrooms, we can get another half million dollars of operating profit from the guestrooms. Voila, the club survives forever because we don't -- I mean, listen, I'm a capitalist, I'm an American, I'd love to make money. But, quite frankly, I could care less if we make money at our tennis club. As soon as I bought it, I Page 187 January 26, 2010 moved in there with my daughters, I lived there for years. I know almost every one of these people in here. All I care about is the survival of this community and this club. And believe me, they are impossibly intermingled. It is impossible for one to succeed without the other. We're right smack in the middle of the neighborhood, and everything goes through the club. There's bridges over there. The real estate values over the years have gone up and down based on how the club has done. This community must work together. When the community wanted to add cameras at the gates because they were worried about security of things, they didn't have the money to do it. I coughed up half the money so we could do it. You cannot not live together, you know. We're not in charge of the gate. We're not even close to the gate. That's the community's job. The community pumps water our of the lakes for the club and for the community. They historically have not been able to afford that electric bill. The club just pays it because that's the right thing to do, okay. So in any event, I got the people together. I said, if you're going to support me, we'll come in and support this place. Everybody stood up and said, we're with you. We used to be on that team. We're with you. We understand, okay. We bought the club, and if I had to take one thing back, it would be Hurricane Wilma hit six months later and destroyed everything. Destroyed 37 of our 38 tennis courts. It ripped banyan trees off the patio that took all of the pipe drainage out of our kitchen with them, destroyed our kitchen, and the rain from -- we're at the highest point in Collier County on that little hill that's the club. The rain went straight through the building, so we lost $3 million dollars on that hurricane. And with Zurich, the famous Zurich Insurance Company, sent their first representative to take a quick look two years later. Our first year was wiped out because there was no club. All of Page 188 January 26, 2010 our employees had to quit and go get other jobs. And so we lost -- you know, we lost $3 million, and we've lost a couple million since then. I don't care about that money. I care about the future, okay. Our plan is the same. When we started down this path for the rooms three years ago, I did a survey in the community. I got 420 signatures yes and 11 no. We did it again a year ago, and that's in your packages. We got 418 yeses. Basically it's been 90 to 95 percent support every step of the way, okay. But there is an opponents group, I understand, that goes back ten years. I had nothing to do with that. I've inherited some of it, but I've done my best to do something here that is good for the community. Traffic was the first issue. I've tried to illustrate, and I think everybody understands traffic's going down. Security was an issue. I helped pay for the cameras. Then it was, hey, there's a group of us that bought our homes when we thought there wouldn't be guestrooms at the club, and to that I say, yeah, there's probably 10 or 15 of those, but there's a good 300 that bought their homes because of the club. That's why they're there. So the last -- the last point Bert referred to. I'll make two more points. Compromising with myself. I have tried to compromise. I have tried to entertain. I have sent emails; I've made requests, let's have lunch. I have been turned down. So I have, in fact, negotiated with myself. I had one question that I could not answer three years ago. Craig, you're a good guy. We believe you, but everybody's plane goes down and sooner or later, look at -- you know, look at our club. All owners go away sooner or later. How are you going to make sure that our club doesn't turn into a Holiday Inn with no tennis courts? That actually has happened in Phoenix, right? Three years ago I had no answer. I just said, you got to trust me. And we finally found some clever lawyers that helped step in and do this. So I compromised with myself. I committed myself and future owners to 5 Page 189 January 26, 2010 percent of our tract, which is one acre. If you take away the parking attached to it, it's a half an acre. It's basically the size of like a decent-sized house, one house. And no owner is going to be able to do anything but that 30 feet from the clubhouse, no more than two stories high, and a half an acre attached to literally next to our clubhouse on one or the other. Those are the only possibilities when you look at how we've compromised with this. So our members, our residents, all know now that what they see here is what they get. I've finally answered the question, so I feel good about this. Now, for my final point, which is very important, and I don't want to stress it too much because your decision isn't based on financial things. When we recovered from the -- because of those losses, recovering and rebuilding from Wilma, we rang up a few million dollars of bank debt. Our bank loan expired last week. The loan -- the bank that made it was a very nice small bank in the Chicago area. They took T ARP money and they are in -- they have some issues. They want to be repaid, and they want to be repaid now. And I have negotiated with them an extension for three years of our loan basically if! pay it down by a million and a half dollars. I've got to go back to my investors to do that and to put more capital in the club so it survives. These are tired investors who have lost $5 million and still they've said they will support my request if we've got a future, which is our business plan. And I'm going to finish with the business plan is the same. Fresh -- fresh, good, healthy members. Look at this crowd. You won't find one that's not fit in here, believe me, at any age, an academy that works -- and our Sanchez-Casal Academy is world-class now in reputation, and it's going to make about a half a million dollars in the next -- this year, next year. We're knocking on the door. Page 190 January 26, 2010 I'm missing the guestroom piece. I must have this. And if I don't get it, I believe the club will be closed in a very short period of time. That will be a nightmare for me, and I beg you for your support in our request. (Applause.) CHAIRMAN COYLE: Thank you. MR. SAUNDERS: Mr. Chair, that concludes our formal comments. CHAIRMAN COYLE: Okay, thank you. Does staff have a presentation they want to make to us? MS. DESELEM: Good afternoon. For the record, Kay Deselem with zoning staff. Very briefly just to tell you that you do have the staff report on file, you have the executive summary on file. Staff is recommending that the petition be found consistent with the Growth Management Plan, and we do believe that the request is in compliance with the LDC, and we are recommending approval as stipulated through the CCPC hearings condition. CHAIRMAN COYLE: Okay. (Applause.) CHAIRMAN COYLE: I'm sure the commissioners will have some questions later, but I think most of us prefer to listen to the speakers -- MS. DESELEM: Certainly. CHAIRMAN COYLE: -- before we go there. So can you call the first two speakers. Now, some of you heard this before. We'll call two names. I'd like for one person to go to each of the two podiums so we can speed the process up, and we'll continue that until we get through all the speakers. MS. FILSON: The first speaker is Richard Magill. He'll be followed by Joel Singer. Page 191 January 26, 2010 Mr. Singer, would you like to come up? Okay, sir, you can go ahead. Go ahead. MR. MAGILL: Good afternoon, gentlemen. I would like to cede my time on this issue to Mr. Joel Singer. CHAIRMAN COYLE: Okay. MR. MAGILL: Thank you. CHAIRMAN COYLE: Mr. Singer -- MS. FILSON: The next speaker will be James Davis. And I gave him six minutes. CHAIRMAN COYLE: Okay. Mr. Singer, is there anyone else who's going to cede their time to you? MR. SINGER: No, but I believe that gives me six minutes total? CHAIRMAN COYLE: Yes, it does. MR. SINGER: Good. Good afternoon. My name is Joel Singer. I live at 620 Jacana Circle in Naples Bath and Tennis Club. I'm a member of a group called NBTC concerned property owners, and we're opposed to the petition to build a lodging facility in our PUD. Please understand that our group is only opposed to the introduction of the proposed new lodging facility and we're in total support of the tennis club in every other way and sincerely hope it will remain vibrant and successful for years to come. We believe the imposition of this major commercial element on our quiet residential community would negatively affect our quality of life. The Sheriffs Office tells us that the residential communities which allow the most short-term rentals are the ones with the most crime, traffic accidents, and complaints about litter and excessive nOIse. Mr. Bouchard claims a high number of supporters for his project, many of whom are not property owners at Naples Bath and Tennis. He quoted you some figures which are grossly exaggerated. I will tell you that only 38 percent of the property owners in the community are Page 192 January 26, 2010 members of the club. One of the reasons our group cannot document more opposition than we have is the community intimidation campaign waged by Mr. Bouchard for more than three years. I have two documents from 2007 CHAIRMAN COYLE: Ladies and gentlemen, please. MR. SINGER: I have two documents from 2007 originated separately by Mr. Bouchard and his club manager which state that any club members who publicly oppose the transient room project will no longer be allowed to be continue as members. The big point here is there's plenty of opposition to this project, but folks are afraid to speak out for fear of losing their club membership or being shunned by their neighbors. Mr. Bouchard says these rooms -- and I quote from his most recent email to the community on January 11th -- would provide housing for visitors to our tournaments and the academy. He does not say that these rooms are intended for families visiting the club for tennis vacations. Understand that he already has 47 rooms available to him in the condominium rental pool the club already manages. This is information the club has supplied to the Naples Chamber of Commerce magazine, and the academy he refers to is the school run by Emilio Sanchez, which trains young tennis players from around the world to be the next champions in the sport. The students take their meals at the club and attend Collier County school when in season. Mr. Sanchez's first school location is in Barcelona, Spain, and we've learned the plan is to open another location in Asia. Mr. Bouchard says that up to 2,000 visitors -- I noticed he doubled it to 4,000 today, but previously he refers to up to 2,000 visitors per year visit the club. Club runs about six tournaments a year, each about a week long with up to 300 participants. So six weeks times 300 is 1,800 people, Page 193 January 26, 2010 which accounts for almost all of the 2,000 claimed annual visitors. That leaves 46 more weeks in the year with little reason to need a new transient housing facility unless the rooms are really intended for another use for most of the year. On both February 16,2009, and again just two weeks ago, Mr. Bouchard sent emails to the community telling us that the building standards described to you today -- actually was described to the Planning Commission, but you have those particulars with 30 feet and two stories and that kind of thing -- that would apply also to all future owners of the club. Now, ifMr. Bouchard was intending to build this project himself, he wouldn't need to refer to future owners. Mr. Bouchard tells us his club is in financial difficulty, and unless you approve this petition, he may have to close the club. What Mr. Bouchard is really saying is that he wants to sell the club, most likely to Mr. Sanchez for his growing school which operates pretty much year-round. I find it fascinating that he can come up with $80 million for a baseball stadium but not have enough money to keep his own club open. Mr. Bouchard wants you, the County Commissioners, to help him sell his club at a higher price by approving the ability to build a transient lodging facility. Mr. Sanchez, who runs the academy, would truly love to have the student residence on the ground as he does in Barcelona so his students would have a single on-campus building in which to live while they're living in Naples. Apparently his students are scattered through condos on and off the property. If these new rooms are used primarily as residences, they violate our PUD because our community density already exceeds its allowance per acre. This August 28, 2006, memorandum, which I can't grab because I'm getting out of time. Page 194 January 26, 2010 COMMISSIONER HENNING: You are out of time -- MR. SINGER: -- is from your own comprehensive planning department and explains that because that our community is now in a traffic congestion area, that we have exceeded our allowable density. You must deny the petition on the grounds that no additional residences, increased density, or intensity are allowed in our PUD. Thank you for your serious consideration of our stance in this matter. CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker is Jim Davis. He'll be followed by William Busch. MR. DAVIS: Thank you. Good afternoon, Commissioners. Pardon me. My name is Jim Davis. My wife and I bought at the Bath and Tennis Club March of 1977 when Pine Ridge was two lanes dirt going west. And after the developer, who was Will McFarland at that time, said, no transient lodging, we're going to do condos and homes, 20 years later, the next club owner tried to put in transient lodging and was denied by Judge Brousseau and the Second Court of Appeals, a decision which still holds this very second until your ruling today one way or the other. I oppose the building of this club, transient lodging, because the club has operated continuously for over 30 years without a lodging or a dormitory. The traffic study referred to by their great lawyer, Burt Saunders, he said 426. The study I have says 430 trips a day additional. But what he didn't tell you was that the study was three years old, and he didn't tell you the month that it was taken in. So take that into consideration. Also, the county office, Kay Deselem's office, didn't say anything to you about environmental concerns, noise, or things like that -- of that concern. Page 195 January 26, 2010 The county planners have not taken much into consideration. I respect Craig Bouchard. We shake hands, we say hello. We've even shared a beer together; however, his support of a lot of people here today comes because he has threatened to close the club. I don't want -- THE AUDIENCE: No. MR. DAVIS: Well, you-all know it's true, so say what you want. Anyway, in a recent email of 1/11, he says that the bank will foreclose probably on the property if he doesn't get his transient housing. Well, we'll see how that goes. The transient lodging is not synonymous with an 84 percent resident gated community. We give -- they gave you a list of 418 names. Out ofthat 418, I wonder how many are owners in a 516-unit settlement. We have over 89, plus 33 who are afraid to have their names used because they may be dismissed from the club. In closing, will you be creating -- and I know this has been a problem for you guys and gals that -- another Stevie Tomato versus Pebblebrook type situation. It's very real and can happen. Are you granting a special privilege to an owner? And finally, would you like a hotel or a transient facility or a dormitory in your back yard? Thank you very much. CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker is William Busch. He'll be followed by Craig Bouchard. Okay. He'll be followed by Ann Dilbone. MR. BUSCH: Wow, being followed by Craig Bouchard. What an honor, golly. I'm going to limit myself to only addressing the legal reasons why you should vote against this and deny the petition. First, in the court decision in 1997, which it's been previously mentioned, was very specific in saying that while transient housing was authorized in the original PUD, there was a very specific time line that had to be Page 196 January 26, 2010 followed for this to take place, and the fact that the time line was not followed was the main reason Judge Brousseau voted against it. The recent court decision by Judge Pivacek in no way overturned that. In other words, what she basically said was that since 1985, transient housing has been illegal at Bath and Tennis, but if you, the County Commission, want to make an illegal activity legal, you have the power to do so. Secondly, I want to talk about density and intensity. This is a memo that your own staff has produced, and what it says is, is when the original PUD was approved back in 1976, Bath and Tennis was authorized four units per acre. The developer actually built out at 3.36 units per acre, well within what he was authorized. Years go by and Collier -- and Airport-Pulling Road becomes congested, and so what happened was, your own body some time ago changed the rules to where the four unit per acre was reduced by one, and so now we're only authorized three units per acre. So we're already in violation of the rule, and we're not eligible for a bonus. That leads to the transportation study, which Saunders mentioned earlier that -- where another 430 automobile trips per day would be added if a 48-room hotel was built. Also, the criteria for a PUD rezone and amendment, this constitutes to grant a special privilege to the owner of the club as contrasted with the public welfare and, therefore, should not be approved. And finally, the issue of hotel rooms. Anyone who follows business in Collier County knows that we're overbuilt with hotels right now, and the thought that building another 48-room hotel is suddenly going to become profitable makes no sense at all. So the only reason he wants to build the hotel is to put the students in the Sanchez academy in there, and that way he's got year-round occupancy, because the winter program goes on nine months out of the year and the summer program another three. So Page 197 January 26, 2010 what you're really doing is authorizing a dormitory, and that goes back to this, which is illegal. Thank you for your time. CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker is Ann Dilbone. She'll be followed by Chester Kauffman. MS. DILBONE: Thank you. Good afternoon. Thank you for giving me time here. I'm going to abbreviate this in light of the hour. I have lived in Collier County 46 years; 32 of these years at Naples Bath and Tennis. I'm a retired public schoolteacher; 24 years in Collier County. I did represent the homeowners in the lawsuit the previous owner wanted to build. Times have changed. That was 13 years ago. A lot has changed since then, and I have changed my mind. Naples Bath and Tennis was the most beautiful place to play tennis. It was so popular. People came from in Naples -- when I lived over in Naples, we drove clear out into the country to go to Naples Bath and Tennis, but people did it because it was not only so lovely, but it was about the only place to play. You know, Cambier Park had a few courts and -- but now you know that all these communities have been built and they all put in their own courts, and now we have 38 tennis courts. We want to keep it going. We want to keep the club gOIng. And you see all these wonderful people here that are for it, really. They're wonderful people, but as you see, they're getting older and older. I mean -- well, I'm one of them. I mean, I am -- I love to play tennis -- I'm watching all the Australian Open right now -- but I had to quit playing tennis because of back. You wouldn't believe the number out here of replaced knees and hips and shoulders. They're wonderful people. And so, the big problem was, in the first PUD, that the homeowners of the 514 individual units didn't have to be members of the club, and because of the location and the fact that a lot of them Page 198 January 26, 2010 can't play anymore, they bought, they're still in there, and they can't play tennis. I'm a social member now myself because I can't play tennis. These kids -- the new club owner in the past six years has made a valiant effort of bringing in new people. It's become an international tennis club. A former -- we've gone over Emelio Sanchez, has a junior academy, and they are wonderful kids. They keep these kids under control. You play tennis several hours a day and have academics besides, you're not going to be running around at night much. These are wonderful kids, and they need the rooms attached to the clubhouse -- which is very different than they said 13 years ago -- to accommodate parents coming to visit and other northerners that will come in the winter and stay there for a week or two and play tennis. It's just the nicest facility. So-- CHAIRMAN COYLE: Your time has expired. Could you wrap it up, please. MS. DILBONE: Yes. In summary, please help us become -- come into the 21st century. We are like a dinosaur lumbering around trying to survive. I sincerely hope you will not allow us to become extinct. (Applause.) MS. FILSON: The next speaker is Chester Kauffman. He'll be followed by Ken Lance. MR. KAUFFMAN: Commissioners, I have been a resident at-- of Naples Bath and Tennis Club for 22 years and a member that long. As a former member ofthe Concerned Citizens of Naples Bath and Tennis Club, I wish to go on record as now favoring the proposal that is in front of you. The -- and the proposal that is presented by Mr. Craig Bouchard. The purpose for the founding of the Concerned Citizens of Naples Bath and Tennis Club is not served by their opposition to the Page 199 January 26, 2010 present proposal. If the current opposition holds to the belief that the vitality, the health ofthe tennis club at the center of our property is not important to the prosperity and health of the property, they are delusioned, and we can show you property sales that go -- fluctuate as times are good at the club. I'm currently the president of Unit I, Naples Bath and Tennis Club Condominium Association, which has 86 units, and I am proud to report to you that 85 of the unit owners in Oyster Catcher are in favor of this proposal. (Applause.) MR. KAUFFMAN: I thank you for your time. MS. FILSON: The next speaker is Ken Lance. He'll be followed by Deborah Suarez. MR. LANCE: Thank you, Commissioners, for letting me speak and be heard. Priscilla and I are members of Spoonbill. We bought 20 years ago. We're older now and less wonderful. We play tennis less, but we are deeply, deeply interested in this club. As you look at that diagram, which we've seen several times, the left ventricle is right in the middle where the club is. That is the club. It's the club and the community, and they're one and they're together. A few remarks about change. We've heard a lot about change. We don't want things to change. Some of the objectors are concerned that the club will be changed. Change happens. Change is inevitable. It's unavoidable. It's all around us. It's happening. This club has changed. It's been static for several years. We need change, and one of the wonderful things about change is that it's a possibility of change. And change at this point, which can take place if the application is granted, can move this club forward into the future with strength and with young people to help supplant and encourage and tell us older people how wonderful we are. Page 200 January 26, 2010 This community is our treasure. We live here, from New Jersey, and the community is our treasure. It's not the weather so much the ambiance, the malls, the restaurants, the lack of a state income tax. It's the interactions we have with each other. This is a real comfortable, supportive community. Much of these interactions take place at the heart of this community in that club, on the courts, in the pool, workout room, at the bar, the banyan room, at the dances, and just passing each other by. It's where we contact each other and enjoy each other. A few remarks about the objector list. We've looked at this list and have some questions. There's one name on it three times. There's another name twice. One of our dead neighbors is on this list. And I have the feeling that if this list were to be redone with an opportunity for residents who doubt the wisdom of this move to ask questions, to have fair answers, and to really understand how this differs from the project a number of years ago, that the list would differ. Priscilla and I gave money in 1996 to the objector group then.. We were in favor of the objections. We are happy to get a little money back when it failed -- when the objections were supported. We support this. CHAIRMAN COYLE: Sir, your time has expired. Could you .? wrap, SIr. MR. KAUFFMAN: Thank you for supporting this important application. CHAIRMAN COYLE: Thank you. MS. FILSON: The next speaker is Deborah Suarez. (Applause.) MS. SUAREZ: She'll be followed by -- and I'm going to get this next last name wrong -- W.H. Buckhanhour (sic). CHAIRMAN COYLE: Ms. Suarez, go ahead. MS. SUAREZ: Good afternoon, Commissioners, and thank you all for being here and for -- to Mr. Bouchard for giving me this Page 201 January 26,2010 opportunity . My name is Deborah Suarez. I'm in my second year as a resident in the community as well as a participant in the Sanchez-Casal Academy. I was born in Venezuela. My mom is a single mom and works three jobs per day to allow me the opportunity to reach my goal to become a professional tennis player. The Sanchez-Casal Academy's providing me an opportunity that I intend to take advantage of. Mr. Bouchard founded a charity called Girls Are Best, which also gives me a scholarship to pay some of my expenses. Last year when I came to the academy, I was 14 and ranked 19th in the girls 16s and nine in the girls 14s. About five months later I became number four in the girls 14s, and right as I turned 15, I became number one in the girls 16s. Each day I train in the morning and afternoon, followed by physical training. I eat three meals per day at the club, and at night I take my high school classes on the Internet. I study hard and I am on schedule to graduate on time with a B-plus average. The reason I say all this is to let the commissioners know that the kids who come from four different continents to train at the academy are like me. We work hard and study hard. We support each other. We love the members, and they look out for us. We are all serious kids and not tennis brats. In fact, we have almost no time to get in trouble. Finally, we respect our community and the great people in it. Please support Mr. Bouchard and the club. It is a good investment in people who care. Thank you. CHAIRMAN COYLE: Thank you. (Applause.) MS. FILSON: The next speaker is W.H. Buckhannan. He'll be followed by Karl Sheffield. Page 202 January 26, 2010 MR. BUCKHANNAN: Thank you very much. It's was very enjoyable following that previous presentation of the young lady. She's typical of the young people who are participating in the academy and they're fine, fine young people. I appreciate your time, having served on the original EAC committee spending hours up here, like you're doing. And at one time I was on the advisory board for the development services, so I know what you're going through, and I appreciate what the staff does. To get to the point, I am an original member of Naples Bath and Tennis Club. My wife and I, we built our house there. Actually we moved there in '76. In '78 we built our house there. And of the people involved in the -- participating in this program today -- I sent you an email with a photograph from our house of the club. And as I say, this is our view 24/365. This is very, very important for us to be able to still look at this club, and without the participation -- ifMr. Bouchard is unable to receive approval for this -- these guestrooms, as I call them, I'm afraid that we're going to -- the club will close. Originally, I was opposed to the rooms at the point in time in the '90s when they went in for trying to receive their permits. We paid our money. We fought it at that point in time. And one of the main reasons was that the buildings were going to be eliminating tennis courts and totally separated from the clubhouse. With the new concept, they will be included more with the clubhouse itself, and we will still be able to maintain our view and enjoy the club. And also we're about the only -- as far as I -- today, I'm the only person up here who is speaking that has this view. The people who are opposed to it do not have the view of the clubhouse that we have. This is very important to us. Thank you for your time. (Applause.) MS. FILSON: The next speaker is Karl Sheffield. He'll be Page 203 January 26, 2010 followed by Doug Booth. MR. SHEFFIELD: My name is Karl Sheffield. I'm a friend of Craig Bouchard's and a fellow investor, and I yield my time on -- with regard to his comments, and I support him. Thank you. CHAIRMAN COYLE: You yield your time to whom? MR. SHEFFIELD: I just yield it back to you, sir. CHAIRMAN COYLE: Okay. MS. FILSON: Good. The next speaker-- CHAIRMAN COYLE: Then I'm going to take it. MS. FILSON: The next speaker is Doug Booth, and he'll be followed by Rae Brodell. MR. BOOTH: Good afternoon, everyone. I just wanted to applaud the tennis community for being advocates for something that matters to you. It's something that our association, the United States Tennis Association applauds. Public recreation and tennis courts are under fire throughout Florida because of funding, and we can't afford to lose 38 courts that are clay courts. It's the largest public -- or not public, but largest tennis facility of its type, not only in Florida, but in the United States. And people of all ages, not just our senior players, want to play on clay courts. It keeps our knees younger, it keeps our hips younger, it keeps everything better for us when we play on clay courts. Tennis is going through a resurgence. When this tennis club was built back in the '70s, I had been to it many years, and I've seen the ups and downs, and it's been depressing for someone that loves tennis like I do. I've been the executive director of our association for 21 years. And through the bad years when tennis had a decline, it suffered like a lot of -- it was one of the few that survived the downturn. But I have to tell you, and it's part of the reason you guys are here today, tennis is in a resurgence like we've never seen. It's the only participation sport that's grown in the last ten years in the United Page 204 January 26, 2010 States. Golfhas lost three million players in the last five years. Tennis is up 43 percent. We need facilities. We need courts to participate on. There was a comment made about the housing and that it would impact, I don't know if it was crime or what. We run 14 events in Daytona Beach of over 400 players at every event. The economic impact of those events per event is $1.1 million. The City of Daytona loves the events because tennis players are high-quality, wonderful individuals. They don't impact the community when they come in. They support it, they eat, they buy, they shop, and that's what happens here. I want to make a few points in my last minute. There are over five -- well, in 2008, there were 4,000 UST A league players that played league tennis. Through some of the toughest economic times we've ever had in most of our lifetimes, we've grown that number to over 5,000, okay. Tennis numbers are up, as I said. You're having a category two national here this weekend, 400 players. There are very few facilities in the State of Florida. There are none in Collier and Lee County. You close this facility, we will not be having any USTA large events here. But think about the next generation. The next generation of children face childhood obesity like no others. We want them looking like these people in 40 years, not like people that don't play this sport. Don't we want that for our next generation? (Applause.) MR. SHEFFIELD: We need to keep 38 courts. We can't afford to lose them. We will not get them back. And as the executive director and someone that represents 800,000 UST A members in the United States and 50 in Florida, we want this facility kept open. We need to support Mr. Bouchard in what he's trying to do, and I hope you'll do that for us. Thank you. (Applause.) MS. FILSON: Mr. Chairman, your next speaker is Rae Brodell, Page 205 January 26, 2010 and that will be your final speaker. MS. BRODELL: Hi. My name is Rae Brodell, and we live at 1380 Bald Eagle Drive at Naples Bath and Tennis Club. We first lived on Spoonbill Lane when we first bought there, but we liked it so much, we bought at Bald Eagle Drive. If you know Naples Bath and Tennis, you know the Bald Eagle Drive is the main circle around the tennis club. Now, I must tell you, I don't live in the past. If I did, my hair would be black. If! lived in the past, I could still be a tennis player. I cannot anymore. But it's now. And I'm a grandmother, thrilled to death to be so. Now, there are other things I would like to tell you about Naples Tennis Club. It's absolutely the most fabulous place to live. We have a dog -- don't laugh -- and I walk that dog four times a day on Bald Eagle Drive. I'm thrilled to see a car. They toot the horn, they wave at me. Some stop and give the dog a treat. I'm overjoyed. I'm not concerned about crime at all, because I know if I run into any neighbors' house, I would be welcome anytime of the night or day. I'm thrilled to be able to tell you that. Third of all, we love Naples Tennis Club. We're older, but the community we live in is not older. I have four darling little girls who live around the corner. I have three marvelous school-aged kids who live down the street that keep us going, and I even have a newborn baby down the street, which is a lot of fun when I hear her cry. I don't hear any noise from the tennis club, none at all. And if I did, wonderful. People are having fun. Third of all, this is a fantastic idea for us. Let's talk about traffic. I have -- oh, I did that already. Exit from your minds. There's no traffi c. I have volunteered at every tennis tournament we have there. I volunteered when the lovely women were here, 300 and some. I volunteered at the tennis coaches' conference, and now I'm Page 206 January 26, 2010 volunteering with 400 men there. It's great. The only complaint I have ever heard is, gee, I wish we could stay here. Gee, I have to get in the car and go home. Wouldn't it be wonderful if we had a place for them to stay? Yes, it would. These kids in the academy -- just give me another minute. These kids in the academy are marvelous. CHAIRMAN COYLE: Thirty seconds. MS. BRODELL: Thirty seconds -- they're marvelous. CHAIRMAN COYLE: Talk faster. MS. BRODELL: I can't. I saw them off studying -- CHAIRMAN COYLE: Faster. MS. BRODELL: -- world history, and they were great. Thank you. (Applause.) CHAIRMAN COYLE: Okay. Mr. Saunders, I'll give you a short period of time to make a rebuttal to any new information that was raised during the public comment, and I will give the members of the opposition the same opportunity, okay. MR. SAUNDERS: Mr. Chairman, I really don't have anything to say other than, there really hasn't been any evidence submitted at all that would point towards a no vote on this petition. We have the Planning Commission recommendation for approval, we have the staff report recommending approval, we have the traffic study in there that indicates that there are minimal traffic impacts. And so I think with that, I would just simply ask for the affirmative vote of the county commission on this petition. CHAIRMAN COYLE: Okay. Thank you very much. And I'll address just those members of the public who were opposed to the proposal. Are there any new bits of information that were presented here that you would like to rebut or respond to? I don't want to have a recap of what's already been said. Anybody? MR. BUSCH: I guess I would challenge some of the -- Page 207 January 26, 2010 CHAIRMAN COYLE: Excuse me. You'll have to come up to the speaker -- to the microphone. MR. BUSCH: Both Saunders and Bouchard mentioned that something like 70 percent of the owners of property at Bath and Tennis support them. That can't possibly be true, because I've checked the names of all their supporters and all the names of our supporters. And guess what? Forty-nine percent of the people who own property at Bath and Tennis wouldn't respond to either one of us. So between the two of us we only have 51 percent of the 516 properties that are there. So that's one thing that I think needs to be put into proper context. The way I counted the numbers in the books that he's presented to you is that he has the supporters (sic) of 174 properties out of 516. We have the support of 89 properties. THE AUDIENCE: No. MR. BUSCH: Oh, yes. CHAIRMAN COYLE: Ladies and gentlemen. MR. BUSCH: Oh, yes. You can moan all want, but we've got them. CHAIRMAN COYLE: Ladies and gentlemen. MR. BUSCH: So that leaves 49 -- that leaves 49 percent of the property owners at Bath and Tennis refuse to get involved in the fight. They won't support us and they won't support Craig. CHAIRMAN COYLE: Okay. MR. BUSCH: So you just understand that these great numbers of 400 and whatever he keeps throwing in the air, that's just BS, that's all it is. CHAIRMAN COYLE: Okay, thank you. Mr. Singer? MR. SINGER: If this new facility is going to be used as residences, it violates our PUD. The memorandum that Mr. Busch, which I have copies enough for everybody to look at if you're Page 208 January 26,2010 interested, puts us over the allowable -- CHAIRMAN COYLE: Yes. We've already-- MR. SINGER: -- amount for -- CHAIRMAN COYLE: We've already heard that testimony, Mr. Singer, yes. MR. SINGER: We believe that approximately 46 weeks of the year this new facility will be used as residences. Thank you. CHAIRMAN COYLE: Okay. Thank you very much. Do the commissioners have questions to be asked of members of the public or the petitioner? COMMISSIONER FIALA: No. Are you going to close the public hearing? CHAIRMAN COYLE: I am if you don't have questions. COMMISSIONER FIALA: No. CHAIRMAN COYLE: Okay. I'll close the public hearing at this time. And Commissioner Fiala, were you first? COMMISSIONER FIALA: No, Commissioner Halas was first. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: This question is directed -- this question is directed to the county attorney. Ifwe understand the ruling from Judge Bouchard (sic) -- CHAIRMAN COYLE: No. COMMISSIONER HALAS: Brousseau, excuse me, Brousseau. CHAIRMAN COYLE: Brousseau. COMMISSIONER HALAS: I'm sorry -- and then there was an understanding from Judge Pivacek, what -- is there any difference? MR. KLA TZKOW: Yes. The -- under the original ruling, whose logic has always escaped me, the Naples Bath and Tennis Club could not be developed. The judge basically ruled that they were too late in time. Judge Pivacek has come back and said, you're the County Page 209 January 26, 2010 Commission with your home-rule powers, okay. You are allowed to amend that existing PUD. If you amend the PUD, you can allow the transient facility to take place, all right. So under Judge Brousseau's argument, they cannot have the facility they're asking for; however, you, as the county commission, have the power to amend your ordinances -- and the PUD is an ordinance, okay -- and you can allow this development to happen, if you so choose. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: Okay. You finished? COMMISSIONER HALAS: Yeah. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I'd like to make a motion to approve the proposed amendment to the Naples Bath and Tennis Club planned unit development as proposed. COMMISSIONER COLETTA: I second it. CHAIRMAN COYLE: Okay. A motion by Commissioner Fiala to approve the petition, and seconded by Commissioner Coletta. I have a couple of questions. I'd like to pursue the issue concerning Judge Brousseau's ruling. On what basis did he decide that the time had expired for the building of transient facilities? MR. KLATZKOW: Commissioner, in my heart of hearts, I do not understand that opinion. I've never understood the opinion. I respect the opinion, okay, which is why I wanted them to go back to court to get a declaratory judgment that they can move forward, but I can't tell you the logic of it. This PUD authorized the development of the transient facility. There came a point in time where they wanted to put it in. Judge Brousseau said, you're too late on this. It's a unique decision. CHAIRMAN COYLE: Do we have or have we ever had an expiration time for that sort of thing in a PUD? MR.KLATZKOW: No. Page 210 January 26, 2010 CHAIRMAN COYLE: You're sure? MR. KLATZKOW: It's a unique -- it's a unique situation. These PUDs -- these PUDs are intended to be built out over time. I mean, we have PUDs that take ten, 20 years to build out. CHAIRMAN COYLE: Well, under what circumstances would a PUD run into a time limit and thus be judged no longer effective? MR. KLATZKOW: Well, you could place a time limit within the PUD itself. CHAIRMAN COYLE: But I mean under our Land Development Code. MR. KLATZKOW: No, I don't think there is one. CHAIRMAN COYLE: Okay. MR. KLATZKOW: I mean, the PUD is the zoning of that area, and that zoning doesn't change unless this board wants it to change. CHAIRMAN COYLE: Okay. The next question I have for you is -- relates to density. Do the transient lodging facilities increase the density of the PUD? MR. KLATZKOW: This PUD was designed with this transient facility in it. You're not increasing density here. This is a very unique matter before you. They're not asking to put something in that's new to this PUD. This was designed into this PUD, and I don't think it affects the density one little bit. This zoning district -- CHAIRMAN COYLE: So the calculation that shows that the density is higher than it is -- that it was originally permitted included a calculation for transient facilities? MR. KLATZKOW: When this -- when this PUD was approved, it was approved with the transient facility in it. It was part of the calculation then. We're not changing that. CHAIRMAN COYLE: Okay. And how about traffic impact? Traffic impact was raised. I'd like a clear answer on that. MR. CASALANGUIDA: Good afternoon, Commissioners. For the record, Nick Casalanguida. Page 211 January 26, 2010 CHAIRMAN COYLE: How did you account for the traffic impact of transient lodging here? MR. CASALANGUIDA: It was actually extremely conservative. They were treated as a hotel, which is a higher generator than a transient user lodging, but we didn't have that category in ITE, so we went with the most conservative, which is liberal in terms of traffic on the roads, how much traffic would actually hit the roads. Traffic was not a consideration that would affect the decision and recommendation. It was not a significant generator of net new trips. The transient lodging was considered a hotel, therefore, it would generate higher trips. And the number that was thrown out was daily two-way, p.m. peak hour, roughly one-tenth of that, maybe 40 trips. CHAIRMAN COYLE: What time of the year did you use to calculate that traffic impact? MR. CASALANGUIDA: It's peak hour, peak season is what's done, and it's not to calculate. ITE doesn't look at it in terms of time of year. It just says a hotel will generate X amount of trips on an average annual basis, and then you're comparing it to the peak hour at peak season. CHAIRMAN COYLE: Okay, okay. All right. Okay. Thank you very much. Appreciate it. Commissioner Henning, I think, was next. COMMISSIONER HENNING: It's been quite entertaining. I really enjoyed the residents from Naples Bath and Tennis. Probably a great place to have a tea party or something. THE AUDIENCE: We had one. COMMISSIONER HENNING: I know. I'm waiting for the other one. CHAIRMAN COYLE: Commissioners Halas? COMMISSIONER HALAS: County Attorney or staff, in the original proposal for transit lodging, what was the approved amount of Page 212 January 26,2010 lodging when Naples Bath and Tennis was proposed originally? MS. DESELEM: For the record, again, Kay Deselem. There was no limit. There was no number. It just listed the use. That's one thing this does is clarifY it and limit it. COMMISSIONER HALAS: Okay. So as far as -- and the logic behind transient lodging doesn't have any effect at all in regards to the density on this piece of property; is that correct? MS. DESELEM: That's correct, sir. This is an accessory use. It doesn't count for density or intensity. It doesn't increase either. It's not calculated -- the project was deemed consistent by policy because it's developed. They're not increasing it. It is consistent with the Growth Management Plan. COMMISSIONER HALAS: Okay. And what is the proposed amount of lodging that's going to be provided? MS. DESELEM: Maximum of 48 units. COMMISSIONER HALAS: And do you base two people per unit or one person per unit? MS. DESELEM: We didn't go to that analysis. We just looked at the number of units they were proposing. COMMISSIONER HALAS: Okay. Are these units going to be similar to a hotel room, do you know, or are they going to be a condo-type unit? MS. DESELEM: I don't have that information. The applicant can probably provide what his plan might be. I don't know. COMMISSIONER HALAS: Okay. I'll ask Senator -- or Mr. Saunders. MR. SAUNDERS: Commissioner Halas, this is a transient lodging facility. It will be built like a hotel. It will be operated like that type of facility. The rooms are going to be 300 feet, 400 square feet. Just regular hotel rooms. COMMISSIONER HALAS: Okay. Sometimes I was looking at this as maybe something like Residence Inn where you have not only Page 213 January 26, 2010 just a bed in a bedroom -- or a bedroom and a bath, but I thought maybe this would be a condo-type of arrangement, similar to, let's say, a Residence Inn or something of this nature. MR. SAUNDERS: Again, keep in mind, this is going to be 48 units that will occupy approximately one-half acre of a footprint, and the units will be between 300 and 400 square feet. COMMISSIONER HALAS: Okay. MR. SAUNDERS: They're typical hotel-type units. COMMISSIONER HALAS: All right. Thank you very much. CHAIRMAN COYLE: Okay. All right. Any other questions? (No response.) CHAIRMAN COYLE: We have a motion on the table. COMMISSIONER FIALA: Yep. CHAIRMAN COYLE: We have a motion by Commissioner Fiala, seconded by Commissioner Coletta for approval. All in favor, please signifY by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. (Applause.) MR. SAUNDERS: Thank you, Mr. Chairman. CHAIRMAN COYLE: You sure are noisy for a bunch of old people. (A brief recess was had, and Commissioner Coletta has left for the day.) MR.OCHS: Commissioner, you have a live mike. Page 214 January 26,2010 Item #8B CONTINUED TO THE FEBRUARY 23,2010 BCC MEETING. RZ-2008-AR-13951: OLDE FLORIDA GOLF CLUB, INC., REPRESENTED BY JOHN P ASSIDOMO OF CHEFFY P ASSIDOMO, AND MARGARET C. PERRY, AICP, OF WILSONMILLER INC., IS REQUESTING A STANDARD REZONE FROM THE GOLF COURSE (GC) ZONING DISTRICT AND THE RURAL FRINGE MIXED USE DISTRICT-NEUTRAL LANDS ZONING OVERLAY DISTRICT TO THE AGRICUL TURE (A) ZONING DISTRICT AND THE RURAL FRINGE MIXED USE DISTRICT-NEUTRAL LANDS ZONING OVERLAY DISTRICT. THE SUBJECT PROPERTY, CONSISTING OF 553.67 ACRES, IS LOCATED ON THE V ANDERBIL T BEACH ROAD EXTENSION, APPROXIMA TEL Y 2 MILES EAST OF THE V ANDERBIL T BEACH ROAD (CR 862) AND COLLIER BOULEVARD (CR 951) INTERSECTION, IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA - MOTION TO CONTINUE TO THE FEBRUARY 23,2010 BCC MEETING - APPROVED MR.OCHS: Your next item on your agenda is Item 8B, Olde Florida Golf Club, represented by John Passidomo, CheffY and Passidomo, requesting a standard rezone from the golf course zoning district and the rural fringe mixed-use district, neutral lands overlay district, to the agricultural zoning district and the rural fringe mixed-use district, neutral lands zoning overlay district. CHAIRMAN COYLE: Mr. Passidomo, it's my understanding you're going to ask for a continuance, and if that's the case I won't bother to do the swearing in and the ex parte disclosure. MR. P ASSIDOMO: That's correct, Mr. Chairman. This is a matter of importance to Olde Florida Golf Club, but it's not a matter of Page 215 January 26, 2010 urgency. I don't think there's anybody here from the public prepared to address it. And if it will serve your purposes, we'll be happy to continue it. COMMISSIONER HENNING: I make a motion we continue this item. CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Motion to continue by Commissioner Henning, a second by Commissioner Halas. COMMISSIONER HENNING: We just -- are we having a-- what, two meetings or -- MR. PASSIDOMO: Two meetings, but most importantly, if we can have a time certain, we'd greatly appreciate it. CHAIRMAN COYLE: We can do a time certain for you. COMMISSIONER HENNING: Or -- that would be the second meeting in February. COMMISSIONER HALAS: Well-- CHAIRMAN COYLE: Go ahead. COMMISSIONER HALAS: I -- this item -- I talked with the-- John during the break, and I really think that this ought to go back to the Planning Commission, because what was approved by the Planning Commission and what is brought before us is a little -- quite a bit different. And if that would be a possibility, I'd feel a lot more comfortable having the Planning Commission look at this as you have brought forth to our agenda. MR. P ASSIDOMO: Thank you, Mr. Halas. There are extenuating circumstances. We'd like to get an opportunity to share those publicly with the commission and give you the choice to either remand it back to the Planning Commission or make a dispositive determination on the merits. CHAIRMAN COYLE: Would you like to determine that -- the position of the commissioners during meetings with the Page 216 January 26, 2010 commissioners, or you want it to come back in a meeting and have us discuss it at that time? MR. PASSIDOMO: We'd like to do it in public. CHAIRMAN COYLE: Okay. That sounds good. Then we'll vote on the motion. All in favor, please signifY by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: The-- MR. OCHS: Commissioners, did we set a date? 23rd, February 23rd meeting? COMMISSIONER HENNING: Yeah, two -- yeah, our second meeting in February. MR. OCHS : Yes, sir. CHAIRMAN COYLE: And set up a time certain for Mr. Passidomo, okay. COMMISSIONER FIALA: Seven in the evening; how does that sound? COMMISSIONER HENNING: We have to be here, too. CHAIRMAN COYLE: He'll be here by himself, okay. We're all set? MR. P ASSIDOMO: Thank you, Mr. Chairman. CHAIRMAN COYLE: Thank you very much. Item #10F RECOMMENDATION TO APPROVE FY 2010 BUDGETED COMMERCIAL PAPER LOAN PREP A YMENTS IN THE Page 217 January 26, 2010 AMOUNT OF $6,154,000 - APPROVED MR. OCHS: Commissioners, that brings us to Item 10F on your agenda, which is a recommendation to approve fiscal year 2010 budgeted commercial paper loan prepayments in the amount of $6,154,000. Mr. Isackson is here to answer any questions. COMMISSIONER HENNING: Motion to approve. CHAIRMAN COYLE: Second. Any discussion? COMMISSIONER HENNING: Yeah. And just to say, we appreciate our staffs and the finance committee's looking to save monies on early payment every year. MR.OCHS: Yes, sir, thank you. CHAIRMAN COYLE: Okay. MR. OCHS: Yep. CHAIRMAN COYLE: All in favor, say -- please say aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. MS. FILSON: Is -- Commissioner Coletta's out, right? CHAIRMAN COYLE: Yes, he is out. MR. OCHS: Sir, that takes us -- COMMISSIONER HENNING: You can't miss him ifhe's not here. MS. FILSON: You're right. CHAIRMAN COYLE: He's out to lunch. Page 218 January 26, 2010 Item #11 PUBLIC COMMENTS ON GENERAL TOPICS - DR. JOAN COLFER - REQUESTING LEGAL ASSISTANCE FOR PLAN PROGRAM REGARDING A LAWSUIT BY A FORMER EMPLOYEE - TO BE BROUGHT BACK AT FUTURE BCC MEETING - APPROVED MR. OCHS: Mr. Chairman, next item is public comments on general topics. MS. FILSON: And, Mr. Chairman, I do have one speaker under public comment, Dr. Joan Colfer. DR. COLFER: Thank you. Mr. Chairman, members of the board, for the record, I'm Dr. Joan Colfer, director of your Collier County Health Department. I'm here today to request legal assistance for PLAN. PLAN, you'll recall, is our Physician Led Access Network. It provides specialty medical care to the uninsured in our community through the volunteer efforts of local doctors and local medical facilities. PLAN itself is doing extremely well. We have over 200 doctors that are part of the network that we use, and they continue to provide us over $2 million of donated care annually. So it's not an effort we want to lose; however, we are currently being sued by a disgruntled former employee, and we have neither the financial or legal resources to defend ourselves. I'm asking for your assistance for three reasons: PLAN provides a needed medical services -- medical service in our community to the uninsured. The county does provide support to PLAN for two of the three staff positions that they have, and you do that through some monies to me and some monies to your social services or human servIces group. In addition, the third reason, a county staff person recently served Page 219 January 26, 2010 as chair of PLAN and signed an employment contract with this disgruntled former employee. That contract violated the bylaws of PLAN which state that the employee was to serve at the pleasure of the board. It is because of that employment contract that a county employee signed that PLAN is now being sued; therefore, I am respectfully requesting your assistance so we can defend this organization against this lawsuit. CHAIRMAN COYLE: County Attorney -- Commissioner Henning, you want to go first? COMMISSIONER HENNING: Yeah. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: I want the county attorney to go first. CHAIRMAN COYLE: Okay. MR. KLATZKOW: Ifit would please the board, there are unique circumstances here. I'd liked to come back to the board on executive summary and spell it out and then, you know, get the board's direction as, how do you want to proceed. I'd rather do it that way than to have Dr. Colfer testifY to that, since there is pending litigation. CHAIRMAN COYLE: Okay. And is timing of great concern to you, Dr. Colfer? DR. COLFER: It is a little bit, but we can wait the two weeks. CHAIRMAN COYLE: Okay. Can we get it done in that time? MR. KLATZKOW: Oh, yes, sir. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I'm fine then. CHAIRMAN COYLE: Okay. DR. COLFER: Thank you. CHAIRMAN COYLE: All right, very well. Thank you. DR. COLFER: Thanks very much. Page 220 January 26, 2010 CHAIRMAN COYLE: Appreciate it. MS. FILSON: That was your final speaker. CHAIRMAN COYLE: That was it, okay. County attorney's report? MR.OCHS: Nothing on 12, nothing on 13, sir. CHAIRMAN COYLE: Okay. Item #14A COMMUNITY REDEVELOPMENT AGENCY FY 2009 ANNUAL PERFORMANCE APPRAISAL REVIEW FOR THE BA YSHORE GATEWAY TRIANGLE CRA EXECUTIVE DIRECTOR - MOTION TO ACCEPT REVIEW - APPROVED; MOTION TO WAIVE DIRECTOR'S 3% MERIT AND FORWARD IT TO HIS 3 EMPLOYEES AS A ONETIME DISBURSEMENT - APPROVED MR.OCHS: That takes us to your airport authority and Community Redevelopment Agency. 14A, Community Redevelopment Agency, FY2009 annual performance appraisal review for the Bayshore Gateway Triangle CRA executive. Mr. Jackson is here to report, sir. COMMISSIONER HENNING: I move to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, a second by Commissioner Fiala. And Mr. Jackson would like to speak. MR. JACKSON: Yes, sir, I do. I appreciate the vote and the second. I would like to make one request. I -- in my contract I do have a provision for merit pay. I'm waiving all that part of it there; however, I've got three employees that are stellar, okay? We wouldn't be where we were if it wasn't for those three ladies that work for me and represent you and the area. Page 221 January 26,2010 My request is that you would consider -- since I've waived this merit pay -- is to take what has been allocated in the FYI0 budget and take 3 percent of that that would have come to me that I've waived and reallocate that 1 percent each to each of my three employees as a lump sum check after taxes at the next appropriate pay period. It's already in the budget. There's no budget amendment required, and it fits in with where we're at. And that is put in there for the board. This does not -- this comes out of CRA TIF. This does not affect the general fund in any way, and these employees do work for the CRA and that part of the budget. I think it's warranted, I think they merit this, and it would have been allocated to me. I'm waiving it, and I'd like to pass it down as part of an incentive to them to stay with us and not be going anywhere else and keep working as hard as they are. CHAIRMAN COYLE: Now, in the past, David, what we have done is provided payments such as that as bonuses and not as salary adjustments. MR. JACKSON: That is correct. Lump sum, one-time check. CHAIRMAN COYLE: Yes. MR. JACKSON: It doesn't go into the salary, it doesn't get recomputed over and over and over again. It's just like a, well, a bonus or a merit but it doesn't get rolled back in there. It's just to stroke a check right after you take all your taxes out of it. It's kind of like a Christmas bonus if you were in the civilian-world type of a thing. It's a little piece of paper with some numbers on it and you go and go shopping. Of course, this would be after-the-fact. But it isn't anything more than being a bonus because bonus has a different thing in there. It's actually merit. They have worked tirelessly to get where we are today. If! did not have them on the staff, we wouldn't be where we are today, and you will reap the benefit of their work over the next two years because all heck is about Page 222 January 26,2010 to break out in my CRA. There's a lot of development getting ready to go on, and there's a lot of people looking and a lot of talking, and we're going to be really busy. CHAIRMAN COYLE: Okay. Commissioners? COMMISSIONER FIALA: I'd like to make a motion to accept his suggestion. MS. FILSON: I have a motion. COMMISSIONER HENNING: You already have a motion on the floor and a second. COMMISSIONER FIALA: Well, I'm -- do I need a separate one for this one? CHAIRMAN COYLE: Well, if we approve -- if we approve the motion, I don't think it provides us an opportunity to make the adjustment, does it, County Attorney, because what we're approving is Mr. Jackson's -- COMMISSIONER FIALA: Evaluation. CHAIRMAN COYLE: -- evaluation and his willingness to waive his increase if we approve that. MR. KLATZKOW: You can make a second motion. CHAIRMAN COYLE: I guess we can make a second motion and take the money from his increase and reallocate it. COMMISSIONER FIALA: I'll do that. CHAIRMAN COYLE: All in favor of the motion by Commissioner Henning, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Okay. It passes unanimously. Now, is there a motion to be made? Page 223 January 26, 2010 COMMISSIONER FIALA: Yes. I'd like to make a motion that we take the allocated 3 percent that David just spoke of and separate it 1 percent, 1 percent, 1 percent for his three employees coming out of the TIF dollars, not out of taxpayer dollars, to go as a lump sum payment to these employees. COMMISSIONER HALAS: I second that motion. CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala, second by Commissioner Halas. And a question by Commissioner Henning. COMMISSIONER HENNING: Isn't TIF monies tax dollars? CHAIRMAN COYLE: But only within the district, but, yes, they're tax dollars. COMMISSIONER HENNING: They are tax dollars? CHAIRMAN COYLE: Yes, they are tax dollars. COMMISSIONER HENNING: Well, there are many people supported by tax dollars, at least their salaries. I haven't seen any increases for them. In fact, I think they're appreciative they have a job. CHAIRMAN COYLE: That's certainly true, it comes out of tax dollars, but it comes out of tax dollars within the CRA, and it's the CRA essentially spending their own tax dollars. I think it's slightly different, but the principle, of course, is absolutely correct, Commissioner Henning. Okay. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign? COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. It passes 3-1, Commissioner Henning dissenting. MR.OCHS: Commissioners, 14B is a recommendation-- CHAIRMAN COYLE: David, did you have anything more to Page 224 January 26, 2010 say to us? MR. JACKSON: Thank you. COMMISSIONER FIALA: David, you're doing a great job. CHAIRMAN COYLE: Yep, he sure is. MR.OCHS: Sorry, David. Item #14B RECOMMENDA TION TO THE COMMUNITY REDEVELOPMENT AGENCY (CRA) TO COMPLETE THE 2009 ANNUAL PERFORMANCE EV ALUA TION FOR THE IMMOKALEE CRA EXECUTIVE DIRECTOR - APPROVED CHAIRMAN COYLE: And now that brings us to Penny. MR. OCHS: Yes, sir, 148. Recommendation to the Community Redevelopment Agency to complete the 2009 annual performance evaluation -- COMMISSIONER HALAS: Motion to approve. COMMISSIONER HENNING: Second. MR. OCHS: -- Immokalee CRA, executive director. COMMISSIONER FIALA: Second. MS. PHILLIPPI: Well, I applaud David for having 3 percent in his contract, because I don't. So we're good to go. CHAIRMAN COYLE: Do you want part of David's 3 percent? MS. PHILLIPPI: Yeah, ifhe would give me 1 percent, that would be good. CHAIRMAN COYLE: Talk to him about it. See what you can work out. Okay. We have a motion to approve by Commissioner Halas, was it? COMMISSIONER HALAS: Yes. Page 225 January 26, 2010 CHAIRMAN COYLE: And second by Commissioner Henning. COMMISSIONER FIALA: No, Fiala. CHAIRMAN COYLE: I'm sorry, Commissioner Fiala. Is there a discussion? COMMISSIONER FIALA: Yes. I'd just like to say you're doing an outstanding job. MS. PHILLIPPI: Thank you. COMMISSIONER FIALA: Man, you grabbed that thing, taken hold of it and moving it forward. We -- everything languished for so long, so we're sure glad you're there, Penny. MS. PHILLIPPI: Thank you. COMMISSIONER FIALA: Everybody loves you. MS. PHILLIPPI: Thank you. We like being there, too. CHAIRMAN COYLE: Okay. All in favor, please signify by saymg aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) MS. PHILLIPPI: Thank you. CHAIRMAN COYLE: It passes unanimously. Thank you very much. COMMISSIONER FIALA: Glad you waited all day long? CHAIRMAN COYLE: Okay. Anything else? Item #15 STAFF AND COMMISSION GENERAL COMMUNICATION MR.OCHS: Commissioner, I have -- under 15 I have two very Page 226 January 26,2010 quick items, if! may. We received an email -- you heard about Mr. Carl Kuehner this morning when you made the award to your housing staff. He is developing a project called Esperanza Place that this board approved back in 2008. He's working with the Florida Housing Finance Corporation to solidify his financing as part of his due diligence. There's two letters that the Housing Corporation has asked for the Chair to sign. One that verifies that the land on which he's building the development is properly zoned, and the county attorney has reviewed that, and we're looking for approval from the board to allow the Chair to sign this letter. Is that right, Jeff? MR. KLATZKOW: Yes. MR. OCHS: And then the second letter is a letter that would be actually signed by Mr. Dunn, your building director, and it confirms that Collier County is the proper authorizing agency to issue the building permits and that they are ready to go once he pays all the required fees. CHAIRMAN COYLE: Okay. MR. OCHS: So I'm looking for board approval so that he can complete his due diligence and get his financing and move his project forward. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: At this point in time, has he abided by all the rules and regulations? MR. KLATZKOW: I have no idea. My staff verified that the information contained in the letters was correct. I did not ask whether or not he's abided by everything. COMMISSIONER HALAS: Is that necessary? (Cell phone ringing.) COMMISSIONER FIALA: It's laying on the floor there. Somebody forget their phone. COMMISSIONER HALAS: Is that -- Page 227 January 26, 2010 CHAIRMAN COYLE: Is it the one with the pictures? MS. FILSON: No. She was sitting on this side. COMMISSIONER HALAS: How can we be assured that everything is -- before we sign this -- sign off on this, that everything IS -- MR. KLATZKOW: Everything in those letters is accurate. COMMISSIONER HALAS: Okay. MR. KLA TZKOW: They're just a requirement for closing. I can't have the Chairman sign without board authorization though, which is why we bring it to you. COMMISSIONER HALAS: Well, I understand that, but obviously we want to make sure that we're taking -- you know, we're protecting ourselves, too, in regards to, is he abiding by all the codes and regulations. MR. KLA TZKOW: I don't -- I can't tell you, sir. I can tell you that the letter is absolutely accurate. COMMISSIONER HALAS: Okay. COMMISSIONER HENNING: Sign it, Fred. CHAIRMAN COYLE: Okay. All in favor, please signify by saymg aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. MS. FILSON: Who was the motion? CHAIRMAN COYLE: Any opposed, by like sign? (No response.) COMMISSIONER HENNING: Aye. I was talking to Sue on the aye. MS. FILSON: And Commissioner Henning made the motion. Who does the second? I missed that. COMMISSIONER HENNING: Commissioner Coyle. Page 228 January 26,2010 CHAIRMAN COYLE: Yeah. MS. FILSON: Okay, thank you. CHAIRMAN COYLE: Okay. Are we finished, Leo? MR. OCHS: Yes. CHAIRMAN COYLE: Now, I have to ask the commissioners if they have anything, too, and the county attorney. He doesn't have anything. MR. OCHS: We'll talk about town hall meetings next meeting, because Commissioner Coletta wanted to talk about that anyway. So we'll wait. CHAIRMAN COYLE: Let's talk about it now. MR. OCHS: Yeah, that's what I thought. CHAIRMAN COYLE: We can get that solved real fast. Ifhe wants to have a town hall meeting, let him have a town hall meeting. MR. OCHS: That's fine. Last year a couple of commissioners went ahead and had theirs. Three others, I believe, deferred. And he wanted me to bring up the idea of whether we wanted to do one large town hall, so I'm bringing it forward for discussion. CHAIRMAN COYLE: Why would you do that? I mean, the purpose -- if you have a town hall meeting, it's to do it in your district where the people in your district can get to you and see you. Having one is not going to serve any purpose, in my opinion. Does anybody think it's a great idea? COMMISSIONER FIALA: Not one for five, no. CHAIRMAN COYLE: That's right. I don't either. Commissioner Halas? COMMISSIONER HALAS: My concern is that we demand an awful lot out of the staff -- CHAIRMAN COYLE: Yep. COMMISSIONER HALAS: -- during the week -- work hours, and to burden them with additional information that we have to put on in regards to town hall meetings -- they can get to us either -- by Page 229 January 26,2010 email. I hold a District 2 meeting once a month with presidents and people who are involved in their homeowner associations. And if there's any particular concerns or problems, they can bring it forth then and we can address it. CHAIRMAN COYLE: My feeling is, leave it up to individual commissioners. Let them decide when to have them -- COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: -- because I'll tell you, for, I think, five years I had town hall meetings, and I never had more than five or six people show up. We had ten or 15 members of staff, and I mean, things run so smoothly in District 4, nobody's really concerned about anything. Not only that, with all of our community information meetings we have on every project we conduct that affects the community, I -- there are so many opportunities to communicate with people. Town hall meetings, in my opinion, are archaic. You know, why do you wait one -- you know, for one meeting in a year to try to talk with the people in your community? I mean, you can do it with email, you can do it with homeowner association meetings, you can do it with community information meetings. There's just ample opportunity to maintain communication with people all year round. MR. OCHS : Very good, so -- COMMISSIONER FIALA: But I might -- I might be thinking of one -- CHAIRMAN COYLE: Yeah. COMMISSIONER FIALA: -- having one in case there are a couple issues that are coming up, but I have to talk with my advisory boards first. CHAIRMAN COYLE: Okay. Hopefully they'll talk you out of it. MR.OCHS: So it's a consensus of the board that we'll just leave Page 230 January 26, 2010 it up to the discretion of each individual commissioner __ CHAIRMAN COYLE: Sure. MR. OCHS: --like we did this past year? COMMISSIONER HENNING: Except for District 5. CHAIRMAN COYLE: Yeah. We should prohibit him from having one. MR. OCHS: I just need three nods, that's all. COMMISSIONER HALAS: And the reason I look at this is that, as I said -- and I don't think I was very clear on my statement is that we demand a lot out of the staff that we have here remaining, and I don't want to burden them with additional responsibilities of providing all the necessary information to put on with the town hall meeting, because they're the people that basically are the ones that provide all the information, and the people that -- the staff are the directors and the bosses of those particular areas. And, of course, that's part of their assignment, but when you have the people who -- where the rubber meets the road, doing other things, I'd like to give them a break until at least we get out of this mess. CHAIRMAN COYLE: Good, thank you. Commissioner Fiala? COMMISSIONER FIALA: Yeah. Last year I felt the same way because I just hated -- we were already going into financial burdens and so forth. So I hated to ask staff to come out and yet I needed to have a town hall meeting and -- at the new library we were going to have it, and so I told staff members and I told the county manager, you know, I can just do this by myself. Maybe you just want to come. I was amazed. Our staff members -- and I'm looking at a couple of them right back there -- said, no, we're coming anyway. And I said, hey, I hate to ask you to come out. Nope, we're going to be there. We want to be a part of it. So I really appreciate it. That's Jim, that's Marla, and another one was Norman. I just thought it was wonderful that they did that. So I just want Page 231 January 26,2010 to say that if! do it again, I'll let you know. MR. OCHS: Thank you. That's all I have, sir. CHAIRMAN COYLE: Okay. Commissioner Halas, do you have anything? COMMISSIONER HALAS: No. I got a -- how about a motion to adjourn. CHAIRMAN COYLE: Well, wait a minute. We've got to let Commissioner Henning -- COMMISSIONER HALAS: Oh, okay. No, I don't have anything else. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: One item, and I was asked to ask the Board of County Commissioners, not that I'm in favor of it, but the issue of the fire consolidation bills in Tallahassee. CHAIRMAN COYLE: Good point. COMMISSIONER HENNING: Is there three commissioners wanting to put a supporting resolution on the agenda to send up to our delegation? COMMISSIONER FIALA: I do, but, you know, we should discuss it. CHAIRMAN COYLE: Here's -- if! don't -- COMMISSIONER FIALA: No. CHAIRMAN COYLE: Okay. Let me try to address that. Commissioner Coletta is the one who was concerned about those bills, not the consolidation part, but the part that created one set of fire districts inland and one set of fire -- or one consolidated district along the coast. And his concern was that it would be financially damaging to his constituents, and perhaps to yours, and perhaps to Commissioner Fiala's in some cases. And while the objectionable portions of the bill from our standpoint have been removed, in other words, they're not asking in the bill for their own certificate of need, what they are doing is Page 232 January 26, 2010 creating two district -- two distinct districts; one in the eastern part of the county and one in the western part of the county. And I know that Commissioner Coletta felt very strongly that that would put his constituents at a distinct disadvantage from the standpoint of funding, and I understand that and I'm absolutely certain that it will. And so while I wouldn't object to the consolidation, I think I would object to them creating two consolidated districts rather than one for the entire county. And the other point is that it would impact our ability if we ever -- if they ever wanted to have EMS consolidated with them, we would not be consolidating EMS. We would be fragmenting EMS between two consolidated fire districts. So until they can deal with the issue of an entire county fire district, I would prefer to continue to oppose it. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: Does that make sense? COMMISSIONER HENNING: That's where I'm at to the T. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: To the T, I'm with that. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Then -- but Commissioner Henning's point is a good one because the last time we gave a com- -- a chairperson guidance on what to do about that was when you were chair, and we said, yeah, we want to oppose it because they're asking for all sorts of things that are not appropriate. Well, they ultimately went back and pulled all those out, but they still created two fire districts. So I would say that we need to modify our guidance. And if you feel that we should -- we should prepare a statement which reflects our current objections to it, it might serve a useful purpose by encouraging them to say, okay, let's put this thing all together. If you want to consolidate in phases, that's one thing, but Page 233 January 26, 2010 don't split out the poorer portion of the county from the richer portions of the county. COMMISSIONER FIALA: One of the things I've been thinking about in the back of my head is, if that's a problem -- I think it's way back -- is possibly getting the EMS and fire to work together again. Maybe we -- I mean, because we are in charge of EMS, and say, we want to get those guys certified again and back on the vehicles and start working together, whether they consolidate or not doesn't make any difference, but let our people get out and work together rather than have all of this separation and start bringing back some harmony to the two. I would love to see that happen. CHAIRMAN COYLE: It's more complex than that, but, you know, rather than getting in that debate we're going to have a Blue Ribbon Committee coming to us to make recommendations very shortly, probably next month, and it's a Blue Ribbon Committee that has been established within the community, not by us, not by the fire districts; and they are -- they have met with members of the fire districts, they've met with Dr. Tober and our EMS people, they met with the sheriff, they've met, I think, with the county attorney -- I mean county manager, but they will be making recommendations to us in February. COMMISSIONER FIALA: Okay. COMMISSIONER HALAS: This isn't the 5th Avenue group, is 't? I . CHAIRMAN COYLE: No. COMMISSIONER FIALA: I am so sorry. I have to walk out on you. CHAIRMAN COYLE: You've got to go. COMMISSIONER FIALA: I have to walk out on you. I've got to be down at the Canvassing Board at six. Excuse me. CHAIRMAN COYLE: I understand, I understand. COMMISSIONER HENNING: So there's enough to put it on a Page 234 January 26,2010 resolution, and I would say a clarifying resolution -- CHAIRMAN COYLE: Yes. COMMISSIONER HENNING: -- instead of opposition -- CHAIRMAN COYLE: That's right. COMMISSIONER HENNING: -- we support it if it was a -- one consolidated fire district within Collier County. COMMISSIONER HALAS: Yes. CHAIRMAN COYLE: That's right. That's exactly right. I think that's perfect. COMMISSIONER HENNING: Okay. We'll do that. COMMISSIONER HALAS: Got three votes. CHAIRMAN COYLE: Could we do that? If you authorize it, I'll -- we'll have the staff and/or the county attorney draft up something for my signature, give you copies. Do you want me to bring it back to you? COMMISSIONER HENNING: Yeah, let's put it back on the agenda. CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: Yep. CHAIRMAN COYLE: All right. MR. OCHS: Consent agenda or -- COMMISSIONER HENNING: Yeah, consent. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: That's all I have, thank you very much. Motion to adjourn. CHAIRMAN COYLE: And-- COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Discussion? CHAIRMAN COYLE: Discussion? Yeah. What comes next now? Page 235 January 26, 2010 COMMISSIONER HENNING: Discussion. CHAIRMAN COYLE: Okay. Is there any discussion? COMMISSIONER HALAS: No discussion. CHAIRMAN COYLE: No discussion. Okay. Now what do we do? COMMISSIONER HENNING: Whatever you want to do. CHAIRMAN COYLE: Vote. COMMISSIONER HALAS: All in favor? CHAIRMAN COYLE: All in favor, say aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. We're adjourned. Let's go. ***** * * * *Commissioner Halas moved, seconded by Commissioner Henning and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16Al FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR CASA DEL LAGO - CHAMPION DRIVE EXT - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A2 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR GERMAIN BMW DEALERSHIP - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Page 236 January 26, 2010 Item # 16A3 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR FOREST PARK, PHASE 3 - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A4 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR COPPER COVE PRESERVE - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A5 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR DI NAPOLI - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A6 RECORDING THE FINAL PLAT OF CORDOBA AT LEL Y RESORT, LOTS 6 - 9, LOTS 31 - 50 REPLAT - DEVELOPER MUST PROVDE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES IN ORDER TO RECEIVE THE APPROV AL OF THE FINAL CONSTRUCTION PLAN LETTER Item #16A7 RELEASE OF A CODE ENFORCEMENT LIEN, AND WAIVING RELATED FINES, IN THE CODE ENFORCEMENT ACTION ENTITLED COLLIER COUNTY V. THOMAS AND MARIAN Page 237 January 26, 2010 BAKER, CODE ENFORCEMENT BOARD CASE NO. 2003-26 - WAIVING $180,201.15 IN FINES FOR PROPERTY LOCATED AT 5643 TAYLOR ROAD Item # 16A8 RESOLUTION 2010-13: AMENDING THE COLLIER COUNTY ADMINISTRA TIVE CODE FEE SCHEDULE BY ADDING A FEE FOR PROPERTY INSPECTIONS AND REMOVING RENTAL INSPECTION AND POST-2009 RENTAL REGISTRATION FEES Item #16Bl THE PURCHASE OF A PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT WHICH IS REQUIRED FOR THE CONSTRUCTION OF THE V ANDERBIL T BEACH ROAD EXTENSION PROJECT, PROJECT NO. 60168, PHASE I (FISCAL IMPACT: $9,917.00)- FOR PARCEL #227RDUE, 0.38 ACRES LOCATED ON THE SOUTH SIDE OF 12TH AVENUE NW Item #16B2 THE PURCHASE OF A PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT AND A DONATION OF A TEMPORARY DRIVEWAY RESTORA TION EASEMENT WHICH IS REQUIRED FOR THE CONSTRUCTION OF THE PROPOSED FOUR-LANING IMPROVEMENTS TO GOLDEN GA TE BOULEVARD FROM JUST WEST OF WILSON BOULEVARD TO JUST EAST OF DESOTO BOULEVARD. PROJECT NO. 60040 (FISCAL IMPACT: $2,785.00) - FOR PARCEL #425RDUE, 0.076 ACRES Page 238 January 26,2010 LOCATED ON THE NORTH SIDE OF GOLDEN GATE BLVD Item #16B3 THE PURCHASE OF A PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT WHICH IS REQUIRED FOR THE CONSTRUCTION OF THE PROPOSED FOUR-LANING IMPROVEMENTS TO GOLDEN GA TE BOULEVARD FROM JUST WEST OF WILSON BOULEVARD TO JUST EAST OF DESOTO BOULEVARD. PROJECT NO. 60040 (FISCAL IMPACT: $4,120.00) - FOR PARCEL #179,5,400 SQUARE FEET LOCATED ON THE NORTH SIDE OF GOLDEN GATE BOULEVARD Item # 16B4 RESOLUTION 2010-14: AN AMENDMENT TO THE LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) WHEREBY THE COUNTY WOULD BE REIMBURSED UP TO $240,826 FOR STREET LIGHTING INST ALLA TION IN EVERGLADES CITY ALONG CR29 (COLLIER AVE) AND ALONG BROADWAY FROM THE TOWN CENTER EAST TO CR29 (FDOT PROJECT #420885-1-58-01) AND AWARDING BID #10-5376- EVERGLADES CITY LIGHTING COLLIER AVENUE (COPELAND AVE TO RIVERVIEW ROAD) TO ITRAN PARTNERS, INC. IN THE AMOUNT OF $240,825.80 - PROJECT #60179 Item #16B5 A BUDGET AMENDMENT RECOGNIZING REVENUE FOR Page 239 January 26, 2010 PROJECTS WITHIN THE TRANSPORTATION SUPPORTED GAS TAX FUND (313) IN THE AMOUNT OF $22,839.00 AND CARRY FORWARD IN THE AMOUNT OF $10,976.00 - FOR THE TIS REVIEW, PUD MONITORING/TRAFFIC COUNTS AND P A THW A YS PROGRAM PROJECTS Item #16B6 A HAZARD MITIGATION GRANT PROGRAM (HMGP) AGREEMENT IN THE AMOUNT OF $110,277 BETWEEN THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT AND THE COUNTY FOR A WIND PROTECTION PROJECT FOR INST ALLA TION OF STORM SHUTTERS ON BUILDINGS LOCATED AT THE COLLIER AREA TRANSIT FACILITY AND THE ASSOCIATED BUDGET AMENDMENT - LOCA TED AT 8300 RADIO ROAD Item #16B7 CHANGE ORDER NO.2 IN THE AMOUNT OF $25,000.00 TO CONTRACT NO.06-3969 WITH TBE GROUP, INC. D/B/A CARDNOTBE, FOR THE EMERGENCY BRIDGE MANAGEMENT PROGRAM (PROJECT NO. 66066) - FOR ROCK SCOUR EV ALUA TION, BID AND CONSTRUCTION SERVICES FOR REPAIRS TO THE GOODLAND BRIDGE Item #16Cl RESOLUTION 2010-15: SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1995 AND 1996 SOLID WASTE Page 240 January 26, 2010 COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $88.50 TO RECORD THE SATISFACTIONS OF LIEN - PROPERTY FOLIO #21967000601, #38394560008,#61482240003,#76362600004,#00096360000, #21967000601 AND #61482240003 Item #16C2 AMENDMENTS TO THE EXISTING CONTRACTS WITH CAROLLO ENGINEERS, P .C., AND MALCOLM PIRNIE, INC., AND MWH CONSTRUCTORS, INC., FOR SERVICES DURING PROGRAM HIBERNATION AND REACTIVATION OF THE NORTHEAST FACILITIES PROGRAM PROJECTS 70899,73156,70902,75012 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Dl FOUR (4) LIEN AGREEMENTS FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT 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 $82,210.30 - FOR PROPERTY LOCATED IN TRAIL RIDGE, LOT 66; NAPLES MANOR ADDITION, LOT 14, BLOCK 4; LIBERTY LANDING, LOT 63: AND TRAIL RIDGE, LOT 77 Item #16D2 FINAL SUBMISSION OF THE DISASTER RECOVERY Page 241 January 26, 2010 INITIATIVE 2008 APPLICATION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR FUNDING IN THE AMOUNT OF $9,963,208 FOR REPAIRS AND MITIGATION RELATED IMPROVEMENTS TO HOUSING AND PUBLIC FACILITIES IN AREAS IMP ACTED BY FEDERALLY DECLARED NATURAL DISASTERS IN 2008 - FOR DAMAGE ASSOCIATED WITH TROPICAL STORM FAY, HURRICANE GUSTAV AND HURRICANE IKE Item # 16D3 THE RELEASE OF SIX (6) LIENS WITH A DEVELOPER FOR DEFERRAL OF 100 PERCENT OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS - HABITAT FOR HUMANITY HOUSING: TRAIL RIDGE LOTS 68, 74, 76, 78 AND 81; AND NAPLES MANOR LAKES, LOT 14, BLOCK 14 Item # 16D4 A MEMORANDUM OF UNDERSTANDING WITH THE COLLIER COMMUNITY CAT COALITION COORDINATING A COMMUNITY -BASED TRAP-NEUTER-RETURN PROGRAM FOR FERAL CATS - AFTER 3 YEARS, A REVIEW WILL ASSESS ITS SUCCESS Item #16D5 AN IMP ACT FEE DEFERRAL MODIFICATION AGREEMENT CORRECTION FOR THE AMOUNT OF REGIONAL PARKS IMPACT FEES DEFERRED AND PROVIDING CONSISTENCY WITH THE ACTUAL FEES REFLECTED ON THE PERMIT Page 242 January 26, 2010 PAYMENT SLIP - REDUCING THE OUTSTANDING DEFERRAL AGREEMENT BY $609.59 Item #16El AWARD BID (ITB) #09-5203 FOR PEST CONTROL SERVICES TO TRI-COUNTY PEST CONTROL SOUTH INC., FOR AN ESTIMA TED AMOUNT OF $60,000 ANNUALLY Item # 16E2 AN AGREEMENT FOR SALE AND PURCHASE WITH JOHN G. STARK FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT A COST NOT TO EXCEED $14,575 - FOR 1.14 ACRE PARCEL WITHIN THE WINCHESTER HEAD MULTI-PARCEL PROJECT LOCATED IN GOLDEN GATE ESTATES, UNIT 65 Item # 16E3 A WARD RFQ NO. 09-5350 FOR TEMPORARY CLERICAL SERVICES TO KELLY SERVICES IN AN AMOUNT THAT MAY EXCEED $50,000 AND TERMINATE MANCAN, INC. FROM RFQ NO. 09-5350 TEMPORARY CLERICAL SERVICES - DUE TO MANCAN NO LONGER DOING BUSINESS IN FLORIDA Item #16Fl THE ANNUAL RENEWAL OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT- RENEWALS ARE BASED ON THE SAME STANDARDS AS Page 243 January 26,2010 THE ORIGNAL CERTIFICATE WAS GRANTED Item #16F2 AN IDENTITY THEFT PREVENTION AND MITIGATION PROGRAM FOR COLLIER EMSIFIRE CONSISTENT WITH THE FEDERAL TRADE COMMISSIONS POLICY REQUIRING PROVIDERS TO HA VE A WRITTEN PLAN IN PLACE BY JUNE 10,2010 - TO PROTECT AGAINST THE ESTABLISHMENT OF FALSE ACCOUNTS AND ENSURE EXISTING ACCOUNTS ARE NOT MANIPULATED Item #16F3 THE APPOINTMENT OF NICK CASALANGUIDA TO THE POSITION OF INTERIM ADMINISTRATOR, COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION - ANNUAL SALARY OF $119,103, AS APPROPRIATED IN THE CDES DIVISION OPERATING BUDGET Item #16F4 AWARD OF RFP #09-5318 AND AGREEMENT BETWEEN COLLIER COUNTY BUREAU OF EMERGENCY SERVICES AND CALVIN, GIORDANO & ASSOCIATES INC. TO DEVELOP A TEMPORARY HOUSING PLAN FOR DISASTER EVENTS, USING GRANT FUNDS IN THE AMOUNT OF $53,618 - TO CONDUCT A STUDY AND PRESENT ASTRA TEGY TO ADDRESS A CATASTROPHIC HOUSING LOSS Item # 16F5 Page 244 January 26,2010 BUDGET AMENDMENTS - BA #10-105 AND #10-106 Item #16Gl CORRECTION OF AN ADMINISTRATIVE ERROR BY REVOKING AN INCORRECT CRA GRANT AGREEMENT FORM AND REPLACING IT WITH A CORRECTED CRA GRANT AGREEMENT. (2445 A-B THOMASSON DRIVE) - DUE THE GRANTEE'S WITNESSED SIGNATURE WAS PLACED ON THE INCORRECT FORM Item #16G2 EXECUTION OF COMMERCIAL BUILDING GRANT AGREEMENT(S) BETWEEN THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND A GRANT APPLICANT(S) WITHIN THE BA YSHORE GA TEW A Y TRIANGLE AREA COMMUNITY REDEVELOPMENT AREA (2231 LINWOOD AVENUE. $60,000) - NUMEROUS IMPROVEMENTS ARE NEEDED IN ORDER TO BRING THE WAREHOUSE UP TO 2009 SAFETY & BUILDING CODE COMPLIANCE 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 245 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 26, 2010 I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 9) 10) II) I) Affordable Housing Commission: Minutes of November 2, 2009. 2) Collier County Citizens Corps: Minutes of October 21,2009; November 18,2009. 3) Contractors Licensing Board: Minutes of October 21,2009. 4) Development Services Advisory Committee: Minutes of November 4,2009. 5) Environmental Advisorv Council: Minutes of November 4,2009. 6) Floodplain Management Planning Committee: Minutes of June 1,2009. 7) Forest Lakes Roadwav and Drainage Advisory Committee: Agenda of November 18,2009. Minutes of October 14,2009. 8) Golden Gate Beautification Advisory Committee: Agenda of November 10,2009; December 8, 2009. Minutes of October 13, 2009; November 10, 2009. Golden Gate Community Center Advisory Committee: Agenda of December 7,2009. Minutes of November 2,2009. Isles of Capri Fire Control District Advisory Committee: Minutes of October 29.2009. Land Acquisition Advisory Committee: Minutes of October 12, 2009. 12) Library Advisory Board: Agenda of December 9, 2009. Minutes of October 21,2009. 13) Pelican Bay Services Division Board: Agenda of October 7, 2009; November 4, 2009; November 10, 2009 joint workshop wiPelican Bay Foundation Strategic Planning Committee; December 2, 2009. Minutes ofOetober 7, 2009; November 4,2009; November 10,2009 joint workshop wiPelican Bay Foundation Strategic Planning Committee. 14) Tourist Development Council: Minutes of January 26, 2009; February 23, 2009; March 23, 2009; April 27, 2009; May 28, 2009; June 22, 2009; September 28,2009. 15) Utility Authority (Water and Wastewater Authority): Minutes of May 15,2009. B. Other: I) Public Safety Coordinating Council: Minutes of June II, 2009. 2) Southwest Florida Regional Planning Council: Annual Budget for FY2009-201O. 3) Code Enforcement Special Magistrate: Minutes of November 20,2009. January 26, 2010 Item # 1611 DISBURSEMENTS FOR THE PERIOD OF JANUARY 2,2010 THROUGH JANUARY 8, 2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J2 DISBURSEMENTS FOR THE PERIOD OF JANUARY 9, 2010 THROUGH JANUARY 15,2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #1613 CAPITAL ASSET DISPOSITION RECORDS FOR TIME PERIOD OCTOBER 1,2009 THROUGH DECEMBER 31,2009. PURSUANT TO FLORIDA STATUTE 318.18(13)(B) THE CLERK OF THE CIRCUIT COURT IS REQUIRED TO FILE THE AMOUNT OF TRAFFIC INFRACTION SURCHARGES COLLECTED UNDER FLORIDA STATUTE 318.18(13)(A)(I) WITH THE BOARD OF COUNTY COMMISSIONERS Item #16J4 PURSUANT TO FLORIDA STATUTE 318.18(13)(B) THE CLERK OF THE CIRCUIT COURT IS REQUIRED TO FILE THE AMOUNT OF TRAFFIC INFRACTION SURCHARGES COLLECTED UNDER FLORIDA STATUTE 318.18(13)(A)(1) WITH THE BOARD OF COUNTY COMMISSIONERS - SURCHARGE ARE USED TO FUND ST ATE COURT FACILITIES Page 246 January 26, 2010 Item #16Kl A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $185,000 FOR PARCELS 117, 118A AND 130 IN THE LAWSUIT STYLED COLLIER COUNTY, FLORIDA V. DIANE P. HAAGA, ET AL., CASE NO. 03-0518-CA (IMMOKALEE ROAD PROJECT 60018). (FISCAL IMPACT $95,900) - FOR 1.111 ACRES NEEDED FOR ROAD RIGHT-OF-WAY ON IMMOKALEE ROAD NEAR MOULDER DRIVE AND KRAPE ROAD Item # 16K2 AN OFFER OF JUDGMENT TO RESPONDENT, CITY GATE COMMERCE PARK MASTER PROPERTY OWNERS ASSOCIATION, FOR PARCEL NO. 115DE IN THE AMOUNT OF $9,600 IN THE LAWSUIT STYLED COLLIER COUNTY V. A L SUBS, INC., ET AL., CASE NO. 09-3691 (COLLIER BOULEVARD PROJECT NO. 60001) (FISCAL IMPACT $1,600)- FOR A .0193 ACRE PARCEL NEEDED FOR A DRAINAGE EASEMENT Item #17A - Continued to the February 9, 2010 BCC Meeting DESIGNATING 4,793.5 ACRES IN THE RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP SENDING AREA WITH A DESIGNATION AS SUNNILAND FAMILY SSA 12 PURSUANT TO THE TERMS SET FORTH IN THE ESCROW AGREEMENT, STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR SUNNILAND FAMILY SSA 12, AND STEWARDSHIP EASEMENT AGREEMENT FOR SUNNILAND FAMILY SSA 12; A STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR Page 247 January 26,2010 SUNNILAND FAMILY SSA 12; A STEWARDSHIP EASEMENT AGREEMENT FOR SUNNILAND FAMILY SSA 12; AN ESCROW AGREEMENT FOR SUNNILAND FAMILY SSA 12; AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA Item #17B RESOLUTION 2010-16: A VARIANCE FROM SUBSECTION 5.06.04.F.4. OF THE LDC ALLOWING ONE WALL, MANSARD, CANOPY OR AWNING SIGN FOR EACH UNIT IN A MUL TI- OCCUP ANCY PARCEL TO ALLOW TWO (2) WALL, MANSARD, CANOPY OR AWNING SIGNS PER UNIT IN A MULTI-OCCUPANCY PARCEL WITH ONE SIGN FACING THE ABUTTING ROAD AND ONE SIGN FACING THE INTERNAL PARKING AREA. THE SUBJECT PROPERTY IS LOCATED AT 13555 TAMIAMI TRAIL NORTH AND 895 WIGGINS PASS ROAD AT THE NORTHWEST CORNER OF TAMIAMI TRAIL NORTH (US 41 NORTH) AND WIGGINS PASS ROAD, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA - LOCATED AT THE LA WMETKA PLAZA PUD Item #17C ORDINANCE 2010-02: AN AMENDMENT TO ORDINANCE NO. 2004-58, AS AMENDED, KNOWN AS THE PROPERTY MAINTENANCE ORDINANCE, ELIMINATING THE RENTAL REGISTRATION PROGRAM AND CLARIFY VERBIAGE RELATING TO INSPECTIONS OF STRUCTURES PURSUANT TO THE BOARD'S DECEMBER 15,2009 DIRECTION Page 248 January 26,2010 Item #17D ORDINANCE 2010-03: AMENDING THE ANIMAL CONTROL ORDINANCE IN ORDER TO REVISE THE DANGEROUS DOG DECLARATION APPEALS PROCESSES, ESTABLISH REGULATIONS RELATING TO FERAL CATS, AND ADD PROVISIONS REGARDING THE CONFINEMENT OF DOGS Item #17E ORDINANCE 2010-04: AN AMENDMENT TO ORDINANCE NO. 2007-44, AS AMENDED, KNOWN AS THE CONSOLIDATED CODE ENFORCEMENT ORDINANCE - ALLOWING THE SPECIAL MAGISTRATE TO HEAR APPEALS RELATED TO DANGEROUS DOG CITATIONS Page 249 January 26,2010 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:00 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~w.~. FRED COYLE, Chauihan A TTEST:~.r ^. DWICiIII.T....;.. :"'E~"gRUCK CLERK ~""""""./:"':"."'."""...' ~. ~.....~ ','.'" . C - ..,..,,':~.. . '. .'-" .. ~-""." ,. .....' " ltw-' ""c~"'''''.; \ tur'"' '-".. , . I 9nl .1I '''''oo'' These minutes approv~by the Board on jJbkJ~ 23 ,2D10 , as presented ../ or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 250