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BCC Minutes 10/24/2000 ROctober 24, 2000 REGULAR MEETING OF OCTOBER 24, 2000 OF THE BOARD OF COUNTY COMMISSIONERS LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRMAN: James D. Carter, Ph.D. Pamela S. Mac'Kie Barbara B. Berry David E. Brandt Tom Olliff, County Manager David C. Weigel, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, October 24, 2000 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. 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". 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. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Father William Kehayes, St. Katherine's Orthodox Church 1 October 24, 2000 PLEDGE OF ALLEGIANCE APPROVAL OF AGENDAS APPROVAL OF CONSENT AGENDA. APPROVAL OF SUMMARY AGENDA APPROVAL OF REGULAR AGENDA. APPROVAL OF MINUTES At September 6, 2000 - Budget Public Hearings September 26, 2000 - Regular Meeting October 2, 2000 - Value Adjustment Board PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS l) Proclamation proclaiming November 4, 2000 as "Paint Your Head Out" Day. To be accepted by Mr. Bill Brigham of Busey Bank Florida, Ms. Susan Golden of the City of Naples Planning Department, and Mr. Cormac Giblin of the Collier County Housing and Urban Improvement Department 2) Proclamation proclaiming November 6-12, 2000 as "Youth Appreciation Week In Collier County". To be accepted by Mr. Gerald Neff, Youth Appreciation Week Chair. B. SERVICE AWARDS 1) 2) 3) 4) s) 6) 7) 8) 9) 10) Rhonda Tibbets, Purchasing Department - 20 Years Teresa Beck, Code Enforcement - 15 Years Alice Toppe, Risk Management- 15 Years Kevin Dugan, Pollution Control- 10 Years Joan Young, Utility Finance Operations - 10 Years Louise Chesonis, County Attorney - 5 Years Joseph McClamma, Wastewater Department- 5 Years Jesse Posada, Parks and Recreation Maintenance/Immokalee - 5 Years Domingo Almaral, Transportation/Landscape Department - 5 Years Gary Morosso, Utility Finance Operations - 5 Years Jean-Elie Pierre-Louis, Water Distribution - 5 Years C. PRESENTATIONS 2 October 24, 2000 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Board authorization for the County Attorney to retain outside legal counsel to file a lawsuit in Federal Court to challenge implementation of Florida's Communication Services Tax Simplification Act. 2) Discussion of implementation of a Hearing Examiner Program for quasi- judicial land use hearings. B. TRANSPORTATION SERVICES 1) To obtain direction from the Board of County Commissioners for the County Manager and County Attorney to review an Ordinance prepared under the direction of the Pelican Bay Property Owners Association to amend the Ordinance establishing the Pelican Bay MSTBU. C. PUBLIC UTILITIES D. PUBLIC SERVICES 1) Presentation and Acceptance of the Final Report of the Collier County Community Health Care Committee. 2) Approve Construction of Parking Garage at the Vanderbilt Beach Park Facility. E. SUPPORT SERVlCES F. EMERGENCY SERVICES G. COUNTY MANAGER H. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT 3 October 24, 2000 10. 11. Recommendation that the Board of County Commissioners give direction to the Office of the County Attorney and Risk Management Department in responding to proposal for settlement from Jeffrey Popp in Poppv. Collier County, Case No. 99-3286-CA, pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Closed Attorney-Client session for discussion of settlement negotiations and/or strategy related to litigation expenditures of the pending litigation case of Aria Bernstein v. Collier County, Case No. 00-14229GG, pending in the U.S. Court of Appeals, Eleventh Circuit. Persons in attendance will be the Board of County Commissioners, County Manager Thomas W. Olliff, County Attorney David C. Weigel, Assistant County Attorneys Ramiro Mafialich and Michael W. Pettit. (Item to be heard at 2:00 p.m. or at the conclusion of the regular meeting agenda, whichever occurs earlier.) Cw Board direction regarding settlement proposal and mediation in the case of Bernstein v. Collier County, Appellate Case No. 00-14229GG. (Companion item to agenda item 9(B), to be heard immediately after agenda item #9(B). BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Parks and Recreation Advisory Committee. Appointment of member to the City/County Beach Renourishment Advisory Committee. Confirmation of members to the Community Health Care Planning and Finance Committee. Discussion and possible direction to staff regarding the Board of County Commissioners Policy 9.3, Transportation Element of the Growth Management Plan. (Commissioner Brandt) E. Appointment of members to the Affordable Housing Commission. Discussion regarding a joint meeting to be held during the first quarter of 2001 between Collier County, Lee County and the City of Bonita Springs. (Commissioner Carter) OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. COMMUNITY REDEVELOPMENT AGENCY 4 October 24, 2000 C. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS 1) Adoption Public Hearings of 2000 Growth Management Plan Amendments. 2) Petition CPSS-2000-1, Dwight Nadeau of McAnly Engineering and Design, Inc., representing Carmen Cali, contract purchaser, requesting a small scale map amendment to the Golden Gate Area Master Plan Element (GGAMP) of the Growth Management Plan to designate 9.54 acres, located on the south side of Randall Boulevard and ¼ mile east of Immokalee Road, as "Randall Boulevard Commercial Subdistrict". 3) Recommendation that the Board of County Commissioners adopt by Ordinance an amendment to the Immokalee Area Master Plan, a separate element of the Collier County Growth Management Plan, to delineate an urban infill and redevelopment area. B. ZONING AMENDMENTS 1) Petition PUD-99-20, representing Brynwood Preserve, Inc., requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development to be known as Brynwood Preserve PUD allowing for 160 mixed residential dwelling units for property located on the east side of Livingston Road (C.R. 881) and approximately one quarter mile south of Pine Ridge Road (C.R. 896), in Section 18, Township 49 South, Range 25 East, Collier County, Florida, consisting of 29.26 acres more or less. 2) Petition PUD-2000-12, Dwight Nadeau, McAnley Engineering and Design, Inc., representing S.J. Benson & Associates, Inc., requesting a rezone from "A" to "PUD" to be known as Arlington Lakes PUD, a residential development not to exceed 590 dwelling units, located approximately ½ mile south of Pine Ridge Road (C.R. 896) on Livingston Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 98.36+/- acres. 3) THIS ITEM HAS BEEN CONTINUED INDEFINITELY. Petition PUD-97- 18(1), Karen K. Bishop of PMS Inc. of Naples, representing Vanderbilt Partners II, LTD., requesting a rezone from "PUD" to "PUD" Planned Unit Development and "RMF-12ST (3)" and "RMF-6 ST (3)" to "PUD" Planned 5 October 24, 2000 13. Unit development known as The Dunes PUD for the purpose of amending Ordinance No. 98-24 and having the effect of increasing the acreage from 88.55+to 188.55+, increasing residential dwelling units from 531 to a maximum of 754, increasing gross density from 6 dwelling units per acre to 4 dwelling units per acre, showing a change in property ownership, increasing building heights to 150 feet, adding restaurants, lounges and similar uses as accessory uses, increasing open space from 53 acres to 166 acres, for property located on the northwest corner of Bluebill Avenue (C.R. 846) and Vanderbilt Drive (C.R. 901), in Section 20, Township 48 South, Range 25 East, Collier County, Florida, consisting of 188.55+ acres. OTHER 1) To consider adoption of an ordinance amending Collier County's Noise Control Ordinance, No. 90-17, as amended; amends provisions regarding testing equipment and procedures; amends some Table I, A - weighted sound levels; adds the Immokalee Area Overlay District; adds Table II - Octave band sound levels; adds vibration standards; amends corrections for character of sound provisions; amends provisions regarding sounds measured within multi-family dwelling buildings; amends provisions regarding regulated music and amplified sounds from unenclosed areas; prohibits loud sounds to promote commercial activities; exempts authorized activities at schools, parks and playgrounds; does not specify sound limits applicable to future raceway facilities at the Immokalee Regional Airport; prohibits unnecessary and unreasonable sounds that do not require testing by equipment; provides for preservation of other remedies; deletes provisions that require annual permits for enclosed areas; adds compliance requirements for specified businesses that were encroached upon by residential use or zoning prior to February 23, 1990; adds grandfathering provisions applicable to existing utility facilities, existing air conditioning equipment, existing heating equipment, and similar existing items; amends community event permit provisions; provides for conflict and severability; provides for inclusion into the code of laws and ordinances; provides a delayed effective date until January 1, 2001. 2) THIS ITEM WAS CONTINUED FROM THE OCTOBER 10, 2000 MEETING. Amend the State Housing Initiatives Partnership (S.H.I.P.) Down Payment/Closing Cost Assistance Program for First-time Homebuyers. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 6 October 24, 2000 14. 15. 1) Petition V-2000-17, Sharon Heimerl, representing Linda May, requesting an after-the-fact variance of 3 feet from the required 30-foot side yard setback to 27 feet for property located at 4130 14th Avenue N.E., further described as Tract 37, Golden Gate Estates Unit 73, in Section 33, Township 48 South, Range 28 East, Collier County, Florida. 2) Petition V-99-29, William L. Hoover, AICP, representing Larry J. and Marcy A. Gode, requesting a 3.0-foot variance from the required 13-foot east side yard setback and a 10-foot variance from the required 15-foot west yard setback in order to develop a commercial lot for professional offices on property located at 109th Avenue North, also known as Lot 9, Block 2, Naples Park Unit 1, as recorded in Plat Book 1, Page 106, Collier County, Florida. item (Companion to Petition OSP-99-3) 3) Petition OSP-99-03, William L. Hoover, AICP, representing Larry J. and Marcy A. Gode, requesting approval of off-site parking on property located at 109th Avenue North, also known as Lot 10, Block 2, Naples Park Unit 1, in order to serve a proposed office building to be located on 109th Avenue North, Lot 9, as recorded in Plat Book 1, Page 106, Collier County, Florida. (Companion item to Petition V-99-29) 4) THIS ITEM HAS BEEN CONTINUED TO THE NOVEMBER 28, 2000 MEETING Petition A-2000-1, Edward J. Fullmer, Vice President and Acting President, representing the Goodland Civic Association, appealing the interpretation of the Planning Services Director that the Dolphin Cove Site Development Plan (SDP-98-40) was consistent with the Purpose and Intent Section (Section 2.2.9.1) of the Village Residential (VR) Zoning District of the Collier County Land Development Code (Ordnance 91-102, as amended), on the date of staff approval of the SDP (November 12, 1998). SDP-98-40 authorized the development of a 76-unit multi-family project on Bock Y, Tract 1, Goodland Isle Subdivision (Plat Book 6, Page 7). B. OTHER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' 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. 7 October 24, 2000 COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approve Amendment No. 1 to the 1999 Tourism Agreement between Collier County and the City of Naples regarding the reconstruction of the Naples Pier. 2) Approve a 2000 Tourism Agreement with the City of Naples regarding emergency dredging of Gordon Pass. 3) Approve Amendment No. 1 to the 1999 Tourism Agreement with the City of Naples regarding installation of T-Groins and modification of the Groin Field North of Gordon Pass. 4) Approve a 2000 Tourism Agreement with the City of Naples regarding post dredging monitoring of Doctors Pass. s) Approve a 2000 Tourism Agreement with the City of Naples regarding Maintenance Dredging of Doctors Pass. 6) Authorize staff to approve agreement with Lewis and Associates to provide auditing services of MediaOne and AOLFFime Warner Cable Television Franchise fees. 7) Petition C-2000-9, Phyllis M. Jensen, Festival Chairman of the Naples Italian American Club, requesting a permit to conduct a carnival "Italian Fiesta" on November 2, 3, 4 and 5, 2000, on their property located at 7035 Airport Road North. 8) Petition C-2000-11, Ettote Rubin, C.S., of Our Lady of Guadalupe Catholic Church, requesting a permit to conduct a carnival on November 22,23,24,25 and 26, 2000, on property located at 207 South 9th Street in Immokalee. 9) Petition C-2000-10, Reverend Joseph Spinelli, O.S.A. Pastor of the St. Elizabeth Seton Parish, requesting a permit to conduct a festival on November 8, 9, 10, 11 and 12, 2000, on their property located at 5325 28th Avenue S.W. 10) Authorization to reject sole bid for proposal #00-3127 "Consultant Services for Consolidated Plan" and to authorize staff to re-advertise "Consultant Services for Consolidated Plan" for the coordination of information for the compilation of a consolidated plan to be submitted to the U.S. Department of Housing and Urban Development (HUD) as part of 8 October 24, 2000 the application process for Urban County Status. Recommendation that the Board of County Commissioners execute interlocal agreements with specified taxing districts to exempt them from the annual requirement to appropriate increment revenues to the Redevelopment Trust Fund. 12) Request to approve for recording the final plat of "Montalvo". 13) Request to approve for recording the final plat of "Cascada at Fiddler's Creek". 14) Request to approve for recording the final plat of "daVinci Estates", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the final plat of "Naples Gateway Phase Two" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 16) Request to approve for recording the final plat of "Mediterra Parcel 109", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 17) Request to approve for recording the final plat of "Mediterra Parcel 101- A", and approval of the Standard form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 18) Request to approve for recording the final plat of "Mediterra Parcel 110", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 19) Request from the Civil Air Patrol for payment of building permit fees and impact fees from the General Fund for a T-Hangar to be built at the Marco Island Executive Airport. 20) Ernie Brentzman representing the United Way of Collier County, Inc., requesting a Temporary Use Permit extension from the 28 calendar days, as allowed by the Collier County Land Development Code (LDC), to allow the United Way thermometer signs to remain in place for an additional 67 days until January 15, 2001. TRANSPORTATION SERVICES 1) Approve the stipulated final judgment as to parcel 108 in the lawsuit entitled Collier County V. Jose L. Rey, ET AL., Case No. 99-3683-CA 9 October 24, 2000 (Golden Gate Boulevard) 2) Approved Amendment No. 2 to the Professional Services Agreement with Agnoli, Barber and Brundage, Inc., for the design of Livingston Road (Golden Gate Parkway to Community School Entrance), Project #60071 and Livingston Road (Community School Entrance to Immokalee Road), Project No. 62071. 3) Recommendation to approve the purchase of a one (1) commercial asphalt paver, in accordance with Bid #00-3151 4) Recommendation to approve the purchase of a one (1) 15 cy dump truck, in accordance with Bid #-00-3149. 5) Recommendation to approve the purchase of a one (1) tandem axle truck- tractor, in accordance with Bid# 00-3147 6) Recommendation to approve the purchase of a one (1) 5 cy dump truck, in accordance with Bid #00-3150 7) Accept a grant of non-exclusive easement and a grant of non-exclusive irrevocable licenses for the installation of directional and or identification signs, landscaping, lighting and maintenance. 8) Approve contract amendment No. 97-2715-A02 with Agnoli, Barber and Brundage, Inc., for the Lely area stormwater improvement project - Phase I (Project No. 31101) 9) Approve amendment No. 1 to Livingston Road Construction Engineering Inspection Professional Services Agreement with Kisinger Campo and Associates Corp. (Project No. 60061) (CIE No. 53) PUBLIC UTILITIES Approve list of qualified engineering firms for RFP 00-3119, Annual Contract for Utility Engineering Services.\ 2) Award a Purchase Order to TRISEP Corporation, to furnish and deliver new nanofiltration membrane elements and accessories to the North County Regional Water Treatment Plant, Bid 00-3132, Project 70887. 3) Award a Contract to Florida State Underground, Inc. to construct a 12" water main on East U.S. 41 from Manatee Road to Boyne South and a 6" force main from pump station 3.17 to Boyne South, Bid 00-3145, Projects 70862 and 73061. 10 October 24, 2000 4) Approve Consultant Selection for engineering services for the North County Wastewater Reclamation Facility Deep Injection Well, RFP 00- 3122, Project 73948. 5) Amend Work Order HAA-FT-00-02 for engineering services related to noise issues at the North County Regional Water Treatment Plant, Project 70063. PUBLIC SERVICES 1) Approve Grant Application for Aaron Lutz Neighborhood Park to Install a Picnic Shelter and Landscaping. 2) Approve Grant Application for Improvements at Airport Park in Immokalee. 3) Award Bid #00-3099 to T-Shirt Express of S.W. Florida Inc. for T-Shirts Used in Athletic and Recreation Programs by the Parks and Recreation Department. 4) Presentation of the FY00 Annual Report of the Collier County Film Commission. 5) Recommendation to Endorse Efforts to Replace Local Matching Fund Requirements for the Healthy Kids Insurance Program with State Funds. SUPPORT SERVICES Award Bid No. 00-3142 Grounds Maintenance for Collier County Satellite Facilities. 2) This item has been deleted. 3) Recommendation to approve Employee Referral Bonus Program to reward employees for finding qualified job applicants for County positions. 4) Award Bid #00-3143, "Paint and Related Items" to Sherwin Williams and Scott Paint. s) Award RFP #00-3090 "Indoor Air Quality Services" and authorize staff to negotiate agreements with Pure Air Control Services. 6) Award RFP #00-3109, "Janitorial Services" to United States Services Industries (USSI) and authorize staff to negotiate agreement with selected vendor. 11 October 24, 2000 17. 7) Adopt a revised method for funding the acquisition of motor pool replacement vehicles and approve budget amendments associated with implementing the new process. s) Declare six hundred and twenty-seven (627) County-owned computers as surplus and authorize the sale of this surplus property to employees of the Board of County Commissioners pursuant to Florida State Statute 274.06. F. EMERGENCY SERVICES G. COUNTY MANAGER 1) Approval of Budget Amendment Report - Budget Amendments #00-515; #01-005. 2) Approval of Contract for Financial Advisory Services. H. AIRPORT AUTHORITY I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. K. OTHER CONSTITUTIONAL OFFICERS L. COUNTY ATTORNEY Request the Board approve a contract with Gregory Court Reporting Service for court reporting services for Collier County. 2) Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance manufacturing facilities for The Diaz Family Limited Partnership and Gulf Coast American Blind Corp. 3) Approval of the Stipulated Final Judgment relative to the easement acquisition on Parcels 240 and 240T in the lawsuit entitled Collier County v. Robert L. Davis, et aL, (Golden Gate Boulevard Project). 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 12 October 24, 2000 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. Petition No. PUD 2000-07, Robert Duane of Hole, Montes & Associates, Inc., representing North Naples - Bonita Land Trust, requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Two Lakes Plaza for a maximum of 144,000 square feet of Commercial Retail and/or a maximum of 288,000 square feet of professional office uses for property located on the east side of U.S. 41 north, one mile north of the Old U.S. 41 intersection, in Section 9, Township 48 South, Range 25 East, Collier County, Florida, consisting of 20.38+/- acres. Bm Petition R-2000-02, Douglas Workman requesting a rezone from "MH" Mobile Home to "RSF-5" residential single-family for property located at the eastern terminus of Van Buren Avenue (Kelly Plaza), in Section 13, Township 50 South, Range 25 East, Collier County, Florida. Petition R-00-5, Mr. D. Wayne Arnold of Q. Grady Minor & Associates, representing Jerry F. Nicholes, requesting a rezone from "RMF-6" and "T" to "C- 4" for property located at 1417 and 1425 Creech Road in Section 22, Township 49 South, Range 25 East, Collier County, Florida. Petition VAC 00-010 to vacate the plat of "Fishbranch Little Acres Phase One", as recorded in Plat Book 23, pages 58 through 59, Public Records of Collier County. Located in Section 31, Township 46 South, Range 29 East. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 13 October 24, 2000 October 24, 2000 Item #3A, B, & C REGULAR AGENDA, CONSENT AGENDA AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN CARTER: Good morning. Welcome to the October 24th meeting of the Board of County Commissioners. Will you please join us in the invocation by Father William Kehayes of Saint Katherine's Orthodox Church, followed by the Pledge of Allegiance. FATHER KEHAYES: Good morning. Let us pray. Oh, God, our Heavenly Father of thy infinite mercy, let the Holy Spirit guide and bless our County Commissioners. Know all of their endeavors, that they may fulfill their commitment and trust of the citizens of Collier County and the agenda upon which they must labor for the well being of us all. Give them wisdom of thy love, of thy patience to keep them from faltering. Save us from quibbling. Direct their attention always to the things that thy truth requires and the action thy will commands. Grant that we pray thee as we approach the date of national/local elections that there may be in our nation, state, county, and community a succession of faithful and sincere leaders of the people. Unto all in authority grant thy special blessing, especially unto those who have the responsibility for making laws for the governance of their fellow men and for those acts intended for the quality of life in the society in which we live. Remove from them all temptations and occasions for stumbling in the path of justice and truth. And to the people who chose their leaders, grant power of discretion worthy of those who follow the master of human kind. Grant us good health and clarity of mind in our service to our people as stewards of all that God has granted and entrust in our care to the praise and glory of the grace through Jesus Christ, our Lord. Amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN CARTER: All right. We're going to take a look at the agenda this morning. And as we start -- before I go to Tom and go to the County Attorney and to the other Commissioners, I Page 2 October 24, 2000 am requesting that the noise ordinance, Number 12(C)(1), be continued indefinitely. We have received a letter from the State's Attorney Office challenging this. And I believe it is in the best interest until the Board can review this with our legal counsel to continue this item to a future session. COMMISSIONER MAC'KIE: Commissioner Carter? CHAIRMAN CARTER: Yes. COMMISSIONER MAC'KIE: My thought on that is -- if I read the letter right from the Attorney General's Office, it indicates that if we were to adopt the ordinance as proposed we might have a potential conflict. And, frankly, my inclination today is not to adopt most of the ordinance. And so what I -- what I would be voting for today would not be in contravention to the Attorney General. It would be furthering the Attorney General's concern that we might be creating a special class, which -- which is a bad idea. My other thought and respectfully because I know how much time you have put in on this is that there has been so much staff time, so many community meetings, I feel like the community needs to have resolution on this issue. CHAIRMAN CARTER: Well, I appreciate your comments and I will go to Commissioner Brandt. But let me just respond to that for a moment. I, too, am concerned about the time and the energy and the effort that's been put in on this ordinance. But I also feel that we are sitting with four commissioners and this is a community-wide situation where, I believe, five commissioners should be making this decision. And I would propose to this Board that we continue it until the new Board is seated and we have a workshop in front of this to go through all of the details in here, the concerns, all of the things that evolve from the public hearings. Because I, frankly, don't know the history of that myself and I would really feel more comfortable getting all of that in a workshop and then bringing it back to the Board; therefore, continuing it probably until the first quarter of next year. So that when we do this, addressing the Attorney General's concerns and my own personal concerns, would be an area that I would, frankly, be more comfortable. Commissioner Brandt? COMMISSIONER BRANDT: Thank you, Mr. Chairman. Mr. Weigel, I have a couple of questions regarding this. And Page 3 October 24, 2000 one of them has to do with -- depending on what we decide to do today, for instance, if we decide not to have a special overlay on top of other areas of the County, and if we, the Commission, decide to go forward with something along that line today as not having a special overlay, when would the other three commissioners have an opportunity to get into the act and does that obviate a possible workshop even after -- if we adopted some modification of the noise ordinance today. MR. WEIGEL: Okay. Thank you. Yeah, the question has at least two parts. The Board has the ability today to adopt any elements of the amendment that are before you today. This is an amendment to the ordinance that's already in place. The Board or future Board composed of new commissioners can have a workshop at any time that they determine, working through the County Manager, to set up that workshop at any point in time in the future to have a general workshop with specific -- a workshop with specific direction ahead of time or a workshop that provides for specific direction from that workshop to staff to prepare something to bring back to the Board. There is no -- obviously no requirement that the Board take any action today. It can continue either to a date certain or it can continue indefinitely based upon its -- the Board's thoughts on a workshop or other intervening considerations. COMMISSIONER BRANDT: There are several items I think in this proposed ordinance that are worthwhile pursuing. And if we today adopt elements of it, it would still have to come back for a second hearing; is that correct? COMMISSIONER MAC'KIE: No. MR. WEIGEL: No. That isn't correct. Municipalities use that concept. Collier County does not. One thing I want to add is is that the ordinance amendment as proposed and advertised provides for an effective date of January 1st, 2001. COMMISSIONER BRANDT: Right. MR. WEIGEL: And what that means is is that even if the Board were to adopt the ordinance in its entirety as proposed today, nothing changes automatically and conceivably there could be changes made in the meantime. I'm not advocating that the Board take action today particularly, but I just want you to be aware of the fact that it does have a delayed implementation Page 4 October 24, 2000 date. We received our communication from the Attorney General very late on Friday afternoon raising a question about the overlay concept here. COMMISSIONER BRANDT: One final question. If we adopt -- make sure I understand this. If we adopt something today, a modification, for example, of what is being presented to us as a total, there is still the opportunity that data can be accumulated once the ordinance is enacted. Data can be accumulated with regard to noise emanating from various places and the levels of those and the Board would have an opportunity at a later time to modify whatever is decided today, assuming we go forward; is that correct? MR. WEIGEL: That is correct. COMMISSIONER BRANDT: Okay. Thank you. CHAIRMAN CARTER: Commissioner Berry? COMMISSIONER BERRY: I have a question. What -- what spurred the Attorney General to offer an opinion? MR. WEIGEL: We do not know for sure. We forwarded to you the copy of the transmittal we received yesterday because -- COMMISSIONER BERRY: I'm sorry, David. I don't have that. So that's the reason -- I don't have it. MR. WEIGEL: Okay. I may have -- COMMISSIONER BERRY: I was just curious as to what -- what was the inspiration behind the Attorney General's revelation. MR. WEIGEL: I don't have copies with me. We'll provide them to you. But what they stated was that the proposal of an overlay, which would, in effect, to some degree, keep static the current standards in Immokalee as opposed to providing changed or higher noise standards in the urban area of the County would potentially be a discriminatory application of our law adversely affecting the minority population. COMMISSIONER BERRY: What is the difference between an overlay for noise and an overlay district in any other thing that the Board has done in the past? MR. WEIGEL: I offhand can't recite any particular reference. COMMISSIONER BERRY: I don't mean to put you on the spot. That's not my intention. MR. WEIGEL: No. The question is fine. The answer may be Page 5 October 24, 2000 that the -- it could be minimal. We have to look further as to the consideration that the Attorney General gives to this overlay as opposed to other land use overlays. This is not the land use overlay. COMMISSIONER BERRY: Okay. But it makes no difference because you have a rural ag area that has a different type of commercial type of activity going on that that might be different than the coastal community which has -- doesn't have this kind of activity? MR. WEIGEL: Well, that is correct. This ordinance, as well as many of the County ordinances, are concerned with public health, safety, welfare, community standards and the police regulatory power of the Board of County Commissioners as the unit's government. So we would believe -- and, in fact, developing the concept that is before you today -- that statistics, as well as reaching out to the public, had indicated that this was a feasible, viable and legal way to go forward. We have signed off on this for legal sufficiency; however, obviously we will review the question very carefully with the Attorney General. COMMISSIONER BERRY: Well, I know you're not asking for a vote or anything like that. But I will tell you there are parts of this ordinance when I read it made me just mad as heck. Because you are now impending on my life. Because if I have to -- and people can laugh about this. But I think you open up the door here for some real silly complaints when you get neighbors who may not like the kids next door and when you start talking about yelling, whistling and hollering and want to include that in a noise ordinance. I have some real problems with this. Because we do have mixed neighborhoods of age groups, God bless us. I think that's a wonderful thing to have -- COMMISSIONER MAC'KIE: Thank you, God. COMMISSIONER BERRY: -- in a community. But at the same time, you may have some kids next door that are out playing in their backyard and they may get loud at times and this may well spur a grumpy neighbor -- and it doesn't need to be an old person. I'm talking about it could be a young person that could get very unhappy about this and decide to call code enforcement. And the next thing you know, you've got the Hatfields and Page 6 October 24, 2000 the McCoys right next door to each other in Collier County. This is something that we have created. And I have some real concerns over that for -- particularly for young families. That's where I'm coming from. The second place I'm coming from is that I have to go back to using a broom to sweep my deck, instead of using my leaf blower. And that kind of annoyed me because that noise might be a little offensive to my next-door neighbor. Now, I'm not going to use it very long, but I darn sure am going to use it because it's a lot quicker than me standing out there trying to broom leaves off of a river rock deck. I just think we're asking -- I'm only using these examples -- and they're crazy and they're silly. But I will tell you this is the kind of thing you get into and you've got to be careful about when you start passing ordinances, I think. And these were the things that struck me right from the get-go. MR. WEIGEL: Right. COMMISSIONER MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: So -- COMMISSIONER MAC'KIE: I'd just say -- you know, I feel the same way about most of this ordinance. And, Commissioner Carter, I feel like we need to close the door on a lot of this today. There are some elements of it that are worth keeping, but I just think that we've had the community in such an uproar for so long and I'm not supportive of most of what has been talked about out there and of most of what's in that ordinance. I'm just afraid that we need to go ahead and stop this because we've talked about it a lot. CHAIRMAN CARTER: Well, I value all of the opinions that are coming forward, believe me, but a lot of you are reinforcing what I'm saying. I think this has evolved through the public hearings. I don't believe, personally, that I have a total grasp on that evolution and the word-smithing. Groups have come and expressed concerns to me. And to sit here and cobble an ordinance today without doing it in a workshop, I personally don't like that approach. I would rather have the Commissioners in a workshop, which is publicly advertised, to sit down and really go through this thing and then determine -- and I don't want it to drag on forever. But I would say if we need time certain that it is completed by the first Page 7 October 24, 2000 quarter of the year 2001 and we get it done, but let's tear it apart in a workshop where we know what we can save and can't save and have the noise experts from all of the entities present to state their cases. That's where I'm coming from this morning. Commissioner Brandt? COMMISSIONER BRANDT: Mr. Weigel, another question of you. If we go forward and hear this today, this commission can hear whatever the staff has to say about this particular ordinance. If nothing else, we can help identify those things that are good and should be kept. We want to make sure, as Commissioner Berry and Commissioner Mac'Kie have stated, we don't create a problem where there isn't one. And I, too, am concerned about being inundated with frivolous communiques back to the staff taking up a lot of staff time needlessly. However, I still think we should go ahead and hear this today. And this commission can still make a decision today to put it off if we choose to. COMMISSIONER MAC'KIE: I think that's how I feel, too. Let's -- you may be more informed, Commissioner Carter, than the rest of us to know just how muddled it's gotten. I've watched a couple of the workshops that were taped and replayed on Channel 54. And I agree it has gotten confusing. Maybe today all we accomplish is that we give some direction to staff about where to go, what to bring back. But I feel like we need to have some -- are our experts here? Did they -- do we know -- CHAIRMAN CARTER: Are all the experts here from the representative parties? COMMISSIONER MAC'KIE: Do we have any idea if people have not showed up today because there was some concern that we weren't going to be hearing this today? MR. OLLIFF: I don't know that. I know that consistently we try to tell the public that called and was concerned -- Tom Olliff, for the record -- was that there had been a request from a commissioner for a continuance, but that that decision wouldn't be made until the beginning of the Board meeting and it had to be made by the full Board. So that was the information that was distributed as of the last couple of days. COMMISSIONER BERRY: You know, I could look at this a couple of ways. The easiest thing for me to do is just say, "You Page 8 October 24, 2000 all just hear this at a workshop whenever." But that hasn't been the charge. The charge has been to all of us that we need to get something done on a noise ordinance. And there are some parts of it -- and, again, when you say when -- I made the comment about something that's frivolous and some of these parts in here that I just thought were absolutely insane. But I can understand why they were placed in there at the time when -- the writing of it and so forth. But these are the things that I think we each need to take a look at it and throw out some of it. And it -- it doesn't make any difference to me. If the Chairman thinks that it would be better served at another time, I would have to defer to him. At the same time, I'm prepared to go forward and say some things about it today. I will tell you right -- no. That's not fair. Because we need to hear it, but -- COMMISSIONER MAC'KIE: And, likewise, I'm sure not going to -- if you feel very strongly about it, Commissioner Carter, that we need to put this off, I will certainly defer to your judgment on that. I feel like we might accomplish something today and give staff some direction today. COMMISSIONER BRANDT: And I feel much the same way. CHAIRMAN CARTER: So I hear three votes that prefer to go forward is what I'm hearing. I still am going to -- I'll stay with my original stand. I think it should be deferred and go through a workshop. But if it's the pleasure of the Board to go forward and hear this today, I am only one member of this Board. COMMISSIONER MAC'KIE: We may yet have a workshop. COMMISSIONER BERRY: Oh, I think you may well have one, Mr. Chairman. CHAIRMAN CARTER: Okay. Then-- COMMISSIONER BERRY: I think that we may just knock out some elements that we think at this time are not worthy. And then your workshop may be even better and more efficient when you do get to it. CHAIRMAN CARTER: All right. It's the pleasure of the Board that this item stay on the agenda. The next question that I have is in regards to Goodland and the -- this is a question to the County Attorney, just for the record, to make sure I'm clear and understand that regardless of Page 9 October 24, 2000 what happens with the Goodland overlay or a possibility of a future moratorium, that this would not affect any current contracts in that community that are now underway. That those -- whoever is engaged in those can go forward and do whatever they need to do within our current codes, zoning, et cetera. MR. WEIGEL: That is correct, Mr. Chairman. And the fact is is that the County, yes, is working on its land development code amendment cycle, working on an overlay. It has a consideration of a moratorium. These have a long way to go with review before they even get to the Board of County Commissioners. We will not comment on any specific contractual elements that may exist between the private parties, however. If they have contracts that express some issues based upon even movement of the County towards a consideration, those are things that we are not privy to, nor can we comment on it. But the process itself of the County staff working to come back to the Board at a later date with both an overlay projection, as well as potential moratorium of a very limited nature is separate and apart from the contracts that may already be in place with any persons in potentially affected area of Goodland. COMMISSIONER MAC'KIE: Can I just view -- I appreciate you bringing that up. Because I -- we've probably all heard -- I know I have -- that there are potential parties out there who want to use, it sounds to me, the fact that there is discussion ongoing in Goodland to get out of their contractual obligations. And like you say, David, their private contracts are none of our business and we will keep it that way. Just for the record, this Board has only voted -- has already voted on some of these issues. And the current position -- the only vote that this Board has made is that the three stories over one is to be permitted within the height limitation. We're going to come back and look at a zoning overlay that, hopefully, is going to talk about community character. It's going to talk about architecture. It's going to talk about the way the fishing village looks. But nobody -- if staff is proposing two over one, you know, nobody needs to think that this Board isn't able to disagree with staff. We do often. And currently our only vote is for three over one. So I just want to say that because of -- I don't want the Page 10 October 24, 2000 County to incur any liability for some contract being blown over rumor. The Board's current vote is for three over one. CHAIRMAN CARTER: I think that answers the question that was raised to me and, hopefully, to the person that raised it so that they can go forward and do whatever they decide to do. All right. Mr. Olliff? MR. OLLIFF: Mr. Chairman, good morning. Still trying to set the agenda here, I've got a couple of changes. I think I've got some good news. I've only got a couple of additions and a number of continuances and deletions. And I'll just start at the top off your list. The first item is an addition. It is Item 10(G). It is a resolution by the Board opposing a proposed constitutional amendment on a Statewide high-speed rail system. And that's being requested by Commissioner Carter. The second item is also an addition. It is Item 11(A)(1). It is a request by the Sheriff for the Board to consider submission of a Department of Transportation Highway Safety Fund grant. The next four are continuances. Item 12(A)(2), Petition CPSS 2000-1, which is a small-scale map amendment to the Golden Gate area master plan. That has been requested by the petitioner to be continued to 11/28 meeting. The November 28th meeting. Next item is a continuance of Item 12(B)(1) to the November 14th meeting. It's Petition PUD 99-20. It is the Brenwood Preserve, Inc. requesting a rezone to a PUD known as the Brenwood Preserve PUD. That is continued to the November 14th meeting. Next item is a continuation of 12(C)(1). COMMISSIONER MAC'KIE: No. MR. OLLIFF.' No. That was a request, which we will continue to hear that on the agenda. Next item is 16(A)(6) to the November 14th meeting. That is off of your consent agenda. That was auditing services for an auditing contract for MediaOne and AOL/Time Warner Cable television franchise. That will be brought back to you at the November 14th meeting. The next two are deletions. Item 16(C)(1) and Item 16(E)(6). 16(C)(1) is the annual contracts for utility engineering services. That's being deleted at staff's request. The next is RFP 00-3109, Page 11 October 24, 2000 janitorial services. That is also being deleted at staff's request. There is note, a scrivener's error. Item 12(A)(1) should appear as follows in the title. It is actually a transmittal public hearing for the 2000 growth management plan amendments. And I've got one last addition. Under presentations, Item 5(C)(1}, your tax collector, Guy Carlton, has a presentation that he would like to make to the Board this morning. CHAIRMAN CARTER: That is which item? MR. OLLIFF: 5(C}(1). CHAIRMAN CARTER: 5(C)(1). COMMISSIONER MAC'KIE: Could we offer our Tax Collector to do that right away so he can go back and get to work? CHAIRMAN CARTER: I would like for him to go collect taxes. That's a good idea. MR. OLLIFF: We probably need to set the agenda first and then we can do that. COMMISSIONER MAC'KIE: Motion to approve the agenda consent -- CHAIRMAN CARTER: Whoa, whoa. We have got some other folks here yet. COMMISSIONER MAC'KIE: Excuse me, Mr. Carlton. I got you up there too fast. CHAIRMAN CARTER: Mr. Weigel? MR. WEIGEL: Thank you. As I have chatted briefly about, I would like to just mention at the early part of the agenda that I will bring up under staff communication today a request for advice from this Board that we could have a closed session concerning the rocks on the beach case, also known as Board of County Commissioners of Collier County versus Coastal Engineering Consultants, Michael Steven, Michael Poff, TL James and Highlands Insurance Company. That's case number 00-1901 in the Circuit Court here. I will bring that up more formally pursuant to the Sunshine Law at staff communication today. CHAIRMAN CARTER: All right. Commissioner Berry? COMMISSIONER BERRY: I have nothing, sir. CHAIRMAN CARTER: Commissioner Brandt? COMMISSIONER BRANDT: I have nothing. COMMISSIONER MAC'KIE: Nothing. CHAIRMAN CARTER: Okay. Mine has been shot down. COMMISSIONER MAC'KIE: Motion to approve the consent, Page 12 October 24, 2000 summary and regular agenda as amended. COMMISSIONER BRANDT: Second. CHAIRMAN CARTER: All in favor signify by saying aye. (Unanimous vote of ayes.) CHAIRMAN CARTER: Motion carries. All right. Page 13 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING OCTOBER 24~ 2000 ADD: ITEM 10(G) - A Resolution of the Board of County Commissioners Opposing a Proposed Constitutional Amendment on a Statewide High Speed (Rail) System. (Commissioner Carter.) ADD: ITEM 11(A)1 - Department of Transportation Highway Safety Fund Grant application for a Traffic Safety Grant. (Sheriff Hunter.) CONTINUE: ITEM 12(A)2 To Date Uncertain Petition CPSS-2000-1, Request for a Small Scale Map amendment to the Golden Gate Area Master Plan Element for Property Located on Randall Boulevard. (Petitioner request.) CONTINUE: ITEM 12{B)1 To November 14 Meeting - Petition PUD-99-20, representing Brynwood Preserve, Inc, requesting a rezone from "A" Agricultural to "PUD" to be known as Brynwood Preserve PUD. (Petitioner request.) CONTINUE: ITEM 12(C)1 To Date Uncertain -Adoption of an ordinance amending Collier County's Noise Control Ordinance. (Requested by Commissioner Carter.) CONTINUE: ITEM 16(A)6 To November 14 Meeting - Authorize staff to approve agreement with Lewis and Associates to provide auditing services of MediaOne and AOLFFime Warner Cable Television Franchise fees. (Staff request.) DELETE: ITEM 16(C)1 - APPROVE LIST OF QUALIFIED ENGINEERING FIRMS FOR REP 00-3119, ANNUAL Contract for Utility Engineering Services. (Staff request.) DELETE: ITEM 16(E)6- Award RFP #00-3109, "Janitorial Services" to United States Services Industries (USSl). (Staff request.) NOTE: Scrivener's error- Item 12(A)1 should appear as follows: 1) Transmittal Public Hearing for the 2000 Growth Amendments. Management Plan October 24, 2000 Item #4A, B, & C MINUTES OF BUDGET MEETING OF SEPTEMBER 6, 2000; REGULAR MEETING OF SEPTEMBER 26, 2000; AND VALUE ADJUSTMENT BOARD OF OCTOBER 2, 2000 - APPROVED AS PRESENTED COMMISSIONER MAC'KIE: Call the Tax Collector now? CHAIRMAN CARTER: Now, Mr. Carlton, could we have your presence, please? MR. CARLTON: Yes. Good morning, Commissioners. For the record, I'm Guy Carlton, your friendly tax collector. COMMISSIONER BERRY: We didn't approve the minutes yet. MR. CARLTON: On the lighter side of life -- COMMISSIONER BERRY: Hold on. CHAIRMAN CARTER: Error on my part. Before you start into that, Mr. Tax Collector, we've got to approve the minutes. COMMISSIONER BERRY: I'd like to approve the minutes of September 6th -- COMMISSIONER MAC'KIE: No, you don't. COMMISSIONER BERRY: -- budget public hearings; September 26th, regular meeting; and October 2nd, value adjustment board. Mr. Carlton, you can stick around. CHAIRMAN CARTER: A second? COMMISSIONER BRANDT: Second. CHAIRMAN CARTER: All in favor signify by saying aye. (Unanimous vote of ayes.) CHAIRMAN CARTER: Motion carries. Item #5C1 CHECK PRESENTED TO THE BCC IN THE AMOUNT OF $3.5 MILLION BY TAX COLLECTOR, GUY CARLTON Now, Mr. Carlton, I will get to you, I promise. Go. MR. CARLTON: You all are hard to give money to. I'll say that. COMMISSIONER MAC'KIE: Amen. MR. CARLTON: But on the lighter side, who wants to be a Page 14 October 24, 2000 millionaire? Your life-line number is 774-8500, which rings right at my desk. It was 1986 the first time that we hit the million dollar mark. And I've got the greatest staff in the world. This is monies available that we chose not to spend. Record breaking distribution this year. Total unused fees returned back, 3.9 million. The Board's share is 3.5 million. I heard all the problems you have coming up and all the workshops, so hopefully this will fund some of those things. Let me present to you a check for a little over $3.5 million. (Applause.) CHAIRMAN CARTER: Where is Dwight? I want him to see me handing this off before I slip this into my checking. COMMISSIONER BERRY: I think that we should note to the tax collector, that~ Mr. Carlton, you never ask Commissioners if they want to be a millionaire. COMMISSIONER MAC'KIE: Not anymore. COMMISSIONER BERRY: Not anymore. MR. CARLTON: I apologize for those remaining. COMMISSIONER MAC'KIE: We don't look good in stripes. COMMISSIONER BERRY: We're very sensitive about these things. MR. CARLTON: I found your money man in the hall. COMMISSIONER MAC'KIE: There is Dwight. CHAIRMAN CARTER: Here, you go, Dwight. I want to hand this off to you. Right here in the cameras, to Mr. Brock. MR. BROCK: Thank you. We'll put it in the bank. CHAIRMAN CARTER: All right. Thank you, Dwight. COMMISSIONER BERRY: Headlines today, "Commissioner Carter accepts check for 3.5 million." CHAIRMAN CARTER: Right. Well, if you're going to go down, you might as well go for big numbers, right? COMMISSIONER MAC'KIE: Oh, Lordy. COMMISSIONER BRANDT: I'd leave the country right quickly. CHAIRMAN CARTER: Okay. Moving on. COMMISSIONER BERRY: The jet is waiting. COMMISSIONER MAC'KIE: Don't look good in stripes. CHAIRMAN CARTER: We do have a little fun up here, folks. COMMISSIONER BERRY: It's a rarity. Page 15 October 24, 2000 Item #5A1 PROCLAMATION PROCLAIMING NOVEMBER 4, 2000 AS "PAINT YOUR HEART OUT" DAY - ADOPTED CHAIRMAN CARTER: Proclamations. Commissioner Berry? COMMISSIONER BERRY: I do. I have a proclamation this morning for Paint Your Heart Out Day. If we could have -- if Bill Brigham is here. Oh, Bill is not here. Okay. How about Susan Golden? Good. Susan, come on up. How about Cormac Giblin? Wonderful. Turn around and face the audience and people at home on TV land. Susan is with the City of Naples Planning Department. And Mr. Giblin is Collier County Housing and Urban Improvement Department. Did I get that right? MR. GIBLIN: That's correct. COMMISSIONER BERRY: The proclamation reads as follows: Whereas, the Board of County Commissioners of Collier County supports housing assistance to very Iow, Iow and moderate income families; and Whereas, the Board of County Commissioners of Collier County works cooperatively with the City of Naples and area organizations to address community-wide concerns; and Whereas, the Board of County Commissioners of Collier County has previously participated in Paint Your Heart Out events with local businesses, civic associations and youth groups and supports expanding the program to provide assistance to needy, Iow income, elderly households throughout Collier County; and Whereas, the Board of County Commissioners of Collier County supports joining forces with the City of Naples, the Collier County banking partnership, juvenile court, and the Department of Juvenile Justice, a variety of trade organizations, including the Collier Building Industry Association, Spectrum Painting and numerous civic and non-profit organizations to promote Paint Your Heart Out. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida that Saturday, Page 16 October 24, 2000 November 4th, 2000, be designated as Paint Your Heart Out Day, and urge all residents to take an active role in making Collier County an even more attractive and special place to live by participating in volunteer efforts. Done and ordered this 24th day of October, 2000, Board of County Commissioners, Collier County, Florida, James D. Carter, Ph.D, Chairman. Mr. Carter, I would like to move acceptance of this proclamation. COMMISSIONER MAC'KIE: Second. CHAIRMAN CARTER: All in favor signify by saying aye. (Unanimous vote of ayes.) CHAIRMAN CARTER: Motion carries. (Applause.) COMMISSIONER MAC'KIE: If any Commissioners are interested, I've participated in this a couple of times. It is extremely rewarding. MS. GOLDEN: I even brought a photo album. COMMISSIONER MAC'KIE: All right. I want to see. It's very rewarding to show up and participate in this painting people's houses who are physically and financially incapable of doing it. It is just one of the nicest things I've participated in. MS. GOLDEN: This is actually the tenth year that this program has been in operation locally and the third year that we've been doing an annual event. What I did bring today was a list of the homes that we're going to be painting on Saturday, November the 4th, in case any of the County Commissioners are interested in coming out and seeing what is going on. That list also includes some of the volunteer organizations, but there is a number of local banks that are participating. We also have some local churches. The Sheriff's Department is involved this year. The Drill Academy, the Department of Juvenile Justice and a number of others. Again, Spectrum Painting and CBIA, a lot of the local contractors and lawn maintenance folks also donated their time to this event. So we'd like to just thank you on behalf of all of the volunteers. COMMISSIONER MAC'KIE: And then you get to look through the book and go, "There is my house that I painted." That is great. Page t 7 October 24, 2000 COMMISSIONER BRANDT: Thank you very much. CHAIRMAN CARTER: Thank you. COMMISSIONER MAC'KIE: Thank you, ma'am. Item #5A1 PROCLAMATION PROCLAIMING NOVEMBER 6-12, 2000 AS "YOUTH APPRECIATION WEEK IN COLLIER COUNTY" - ADOPTED CHAIRMAN CARTER: All right. Okay. Commissioner Mac'Kie? COMMISSIONER MAC'KIE: I have a proclamation here today. And I would like to ask Gerald Neff, from the Youth Appreciation Week Chair, to come forward. And I promise to take a copy of this proclamation home to my kids. It begins at home. This is for Youth Appreciation Week. Whereas, the vast majority of youth are concerned, knowledgeable and responsible citizens; and Whereas, the accomplishments and achievements of these young citizens deserve the recognition and praise of their elders; and Whereas, Optimist International has since 1954 developed and promoted a program entitled Youth Appreciation Week. Whereas, the City of Naples, Florida has -- the citizens of Naples, Florida, have indicated the desire to join the Sunset Optimists in expressing appreciation and approval of the contributions of our youth. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the week of November 6th through 12th, 2000 be designated as Youth Appreciation Week in Collier County. Done and ordered this 24th day of October, Board of County Commissioners, James D. Carter, Chairman. And I'd like to move acceptance of this proclamation. COMMISSIONER BRANDT: Second. COMMISSIONER BERRY: Second. CHAIRMAN CARTER: Okay. It's a pair of seconds. All in favor signify by saying aye. (Unanimous vote of ayes.) CHAIRMAN CARTER: Motion carries. Page 18 October 24, 2000 (Applause.) MR. NEFF: I brought my-- CHAIRMAN CARTER: Do you want to step -- MR. NEFF: -- president along this morning. This is Mr. Chris Hill. This is the president of the Sunset Optimist Club. Thank you very much. CHAIRMAN CARTER: Okay. Thank you. Item #5B EMPLOYEE SERVICE AWARDS - PRESENTED All right. Service awards. I'll do this a little bit differently this morning. I have been told that sometimes, at least the five-year recipients, feel a little self-conscious coming up individually to receive this. So I'm going to let them be this class of October 24. And I will invite them collectively to come forward so that we can recognize them and show them off to you in television land. So this morning for our five-year recipients to come forward and receive their pins. First of all, Gary Morosso from Utility Finance Department. We have Domingo Almaral from Transportation and Landscape. And Joseph McClamma from Wastewater. And Louise Chesonis from the County Attorney's Office. If you all would come forward, we would like to congratulate you, (Applause.) CHAIRMAN CARTER: And your pins. Don't run away without these nice -- COMMISSIONER MAC'KIE: The jewelry. CHAIRMAN CARTER: The jewelry. Got to have the jewelry. If you all would turn around so that we can get a nice group picture for this class of October 24 of our five-year recipients. Thank you. (Applause.) CHAIRMAN CARTER: For ten years, we have Mr. Kevin Dugan from Pollution Control. Kevin? (Applause.) COMMISSIONER BERRY: Kevin wins the tie award today. Page 19 October 24, 2000 COMMISSIONER MAC'KIE: Oh, doesn't he? COMMISSIONER BRANDT: He does indeed. COMMISSIONER MAC'KIE: You can usually count on Ken for that. CHAIRMAN CARTER: There you go. COMMISSIONER MAC'KIE: He's from that pollution-free water we get. CHAIRMAN CARTER: That's probably what did it. And for fifteen years, we have Teresa Beck from Code Enforcement. (Applause.} CHAIRMAN CARTER: Certificate and your jewelry. And the grand winner this morning is Rhonda Tibbets from Purchasing Department with 20 years. (Applause.} Item #8A1 COUNTY ATTORNEY TO RETAIN OUTSIDE LEGAL COUNSEL TO FILE A LAWSUIT IN FEDERAL COURT TO CHALLENGE IMPLEMENTATION OF FLORIDA'S COMMUNICATION SERVICES TAX SIMPLICATION ACT - APPROVED CHAIRMAN CARTER: Attorney's Report, Item 9(A). COMMISSIONER MAC'KIE: MR. WEIGEL: 8(A)(1). COMMISSIONER MAC'KIE: Okay. That moves us to County Oh, e(A)? 8(A)(1), CHAIRMAN CARTER: 8(A)(1). I am sorry. COMMISSIONER MAC'KIE: It's the same. It's still the County Attorney. CHAIRMAN CARTER: It's still the County Attorney. I've got a nine on my page. I've had a lot of problems with this book this week. MR. OLLIFF: Go ahead, Bleu. MR. WALLACE: For the record, Bleu Wallace, utility and franchise regulations. In June of this year the Board authorized the County Attorney retain outside legal counsel to review the Florida Communication Service Tax Simplification Law that was passed Page 20 October 24, 2000 during the 2000 legislative session. Becker and Poliakoff were retained and has provided its opinion that the new law is unconstitutional under Federal law and Florida law and that, among other things, it is not revenue neutral as claimed. The next logical step is for staff to obtain Board authorization to secure the services of an outside law firm to challenge this law. Board authorization will allow staff to identify other jurisdictions that are interested in joining with Collier County in the challenge. This also would allow us to share in the legal expense and also to broaden the scope of concerns of this law while strengthening our position regarding certain provisions of the law. We will continue to monitor any proposed changes regarding the law in the meantime. And prior to actually filing suit, staff will return to the Board for approval of a budget amendment for not to exceed costs for our share. There have been over ten local jurisdictions that have contacted us that are interested in joining us in this challenge. If there is any question to staff, I'd be happy to answer those. If they are legal in nature, I would defer to the County Attorney. COMMISSIONER BERRY: Mr. Chairman? CHAIRMAN CARTER: Any questions from the Board? COMMISSIONER BERRY: Mr. Wallace, is this the bill that they passed where the State is going to collect the money and not the counties? MR. WALLACE: Yes, Commissioner. COMMISSIONER BERRY: And then they are going to divvy it out to the counties -- MR. WALLACE: Yes. But -- COMMISSIONER BERRY: -- as they see fit? MR. WALLACE: By way of a formula yet to be determined, yes. COMMISSIONER BERRY: Right. Well, this is wrong. So I definitely think that this is something that we should pursue. And I'd like to make a motion that we go ahead and authorize -- give the authorization for legal counsel. COMMISSIONER BRANDT: Second. COMMISSIONER MAC'KIE: I understand there is a couple of speakers. Page 2t October 24, 2000 MR. OLLIFF: Mr. Chairman, you do have two speakers. First is Matthew Lebowitz. MR. LEBOWITZ: I will waive speaking. MR. OLLIFF: Okay. The second speaker is Charles Dudley. MR. DUDLEY: Thank you. Mr. Chairman, Members, good morning. My name is Charlie Dudley. I am an attorney in private practice in Tallahassee. And actually it's nice for me to be back home here. I serve as the general counsel to the Florida Cable Telecommunication Association. I represent MediaOne and Time Warner here in the Naples area. I want to give you some brief background this morning and answer any questions you have. I appreciate the work that your staff has done. This is really a work product that began in Florida in 1995 when the Internet was kind of just on the scene. No one knew how to tax it or what to do with it. Obviously, it was not real politically popular to tax the Internet. Late Governor Lawton Chiles put a task force in place.. I was privileged to serve on that with a number of other leg,slators and members. And that task force came back with a recommendation to do what the legislature did this last session. That is, that it was silly going forward in Florida to kind of continue trying to determine what fee and what tax is going to be on a service based on what type of provider it was. To give you an example, as most of you know, cable television for years has been largely what some people refer to as a natural monopoly. But with the advent of wireless communications, especially satellite providers, there's just been a lot of competition out there for video services. But as most of you probably are aware, you don't get any revenues from satellite providers in Collier County. They don't use your right-of-way so they don't pay any franchise fee. So when the legislature began looking at this in 1995 and 1996, they made a decision that it was silly to continue trying to determine what is taxed based on what has been a historical, categorical determination for that service. You know, you tax Sprint telephone differently than you tax wireless services that are provided by cellular technology. And, as you know, those are largely becoming substitute services. So, I guess, my point to you this morning is that I would hope that you might want to step back a little bit. This piece of Page 22 October 24, 2000 legislation, which was passed unanimously in the House and the Senate, was endorsed by the Association of Counties, the Florida League of Cities, the Telephone Association, as well as the Cable TV Association. We have worked about two years on this legislation. We have a whole new set of rules to work on this next session, as your staff has pointed out. There is, by the way, going to be a specific tax rate for Collier County set by the legislature that will be distinct from the tax rate for the City of Naples, which will be distinct from the tax rate for Lee County, Fort Myers, et cetera. Each of Florida's local governments will have what is known as a replacement tax rate under the law. By statute that has to be revenue neutral. Now, I know the concern. You send money up to Tallahassee and it never comes back. COMMISSIONER BERRY: That's right. MR. DUDLEY: And what I would urge you to do, however, though is to take the next year to monitor and study this. The bill has to pass a second time or it automatically repeals June 30. It is not effective until October 1, 2001. So the fact that there's still a lot of work to be done, the fact that Collier County and many other local governments have concerns about the overall scheme that's being put into place, we all perfectly understand that. This was a consensus product, however, done in con]unction with the four groups that I mentioned earlier. And the League of Cities, Association of Counties continue to be at the table to work on part two of this legislation. What the State is doing now -- and I'm sure that your staff has been participating in this -- is all the local governments and industry have reported their 1999 revenues on a jurisdiction specific basis so that the State can take a look at how much money Collier County got from cable franchise fees, any other fees that you charge or taxes. They're going to take a look at that data and determine what the appropriate replacement rate would be. And that way when you have customers that migrate from MediaOne to satellite or from Sprint local telephone to AT&T Wireless, they will be paying the same tax rates. They will be able to understand their phone, cable, long distance bill, which is something they can't do now. Page 23 October 24, 2000 And this government will not only be held financially harmless, but it will probably see your revenues grow because you are going to have a much better base to assess the tax on, a much more stable base where technology is not determining what your revenue returns are. So, I guess, what I would urge you this morning is not to authorize staff to go forward at this point, but to continue monitoring, participating in the process, either on your own or through the Association of Counties, to see what happens during the next legislative session in April/May. Because, quite frankly, if nothing happens in session, this bill repeals itself. If they do not pass a replacement bill that has a tax rate that you like, you can fight against the bill, kill the bill, and there won't be a simplified tax scheme for Florida. Let me just close by saying Florida's the first state to move forward and do this. It is being looked upon as a national model to get to the point where a customer can get voice, data and video service from any particular company it chooses and that no one company or one technology will be put in a different position because of tax policy. I think you all would want the residents of Collier County to have the benefits of having multiple providers providing multiple communication services to them and not having a tax burden that's different. Thank you very much. I will be happy to answer any questions. CHAIRMAN CARTER: Questions? COMMISSIONER BERRY: I would -- Bleu, did this come out of your group in Tallahassee? I mean, was this -- this was something that was discussed up in Tallahassee? MR. WALLACE: This was -- yes, commissioner. It was discussed in Tallahassee over the last year and a half or so. COMMISSIONER BERRY: That's what I thought. MR. WALLACE: I first made the -- this Board aware of this last November prior to the legislative session and had you pass a resolution opposing that legislation. That was provided to the legislative delegation and the Florida Association of Counties to no avail. It still -- that did pass. I do plan to come to the Board four years in and present another resolution opposing any further legislation having to do with this tax. The cable franchise fees are not a tax and should Page 24 October 24, 2000 not be thrown in the same -- same bin as taxes. COMMISSIONER BERRY: I still continue my support -- CHAIRMAN CARTER: Oh, absolutely. COMMISSIONER BERRY: -- for going in this direction. And I would like to see this representation working on this. I think another set of eyes to create and ask any questions and to clarify the issue, I think, is a lot better than what we have right now. I just -- I still think that this is the way to go. So I still hold with my motion. COMMISSIONER MAC'KIE: It will help make our position really, really clear to our legislative delegation. CHAIRMAN CARTER: Right. Absolutely. I think that they have the option now to move forward under what we are proposing this morning. And if this is a national model, boy, we are in trouble. I will tell you this. In reading through this, you see double dipping on administrative fees. One from the Department of Revenue, one from the franchisees. We -- you know, we're out of the picture. We lose control. We're not allowed to audit. Now, who in the world would ever let money go anywhere without auditing it. They want to take that away from us. And then, you know, what the -- you know, we just -- you know, the potential loss of revenues to Collier County is staggering. And there are a lot of cities and other counties who are watching this thing very judiciously. And we're giving our staff the authority to watch it and go toward. And if we have to take them to court, I hope that they have a whole room full of people that can stand there and defend what was just tried to be defended this morning. Because it's -- it's taking away from local government. They have no problem mandating to us from Tallahassee or from Washington, but they sure don't like to send the dollars. And this is just a classic example of take-it-away revenues and yet shoving other things down our throats and saying, "Counties and cities, you pay for it. We don't know how you are going to do it, but we're going to take as much money away from you as we can." And, I guess, you clearly understand where I am, Mr. Bleu, that you have got my 100 percent support on this. COMMISSIONER MAC'KIE: Call the question? Page 25 October 24, 2000 CHAIRMAN CARTER: Call the question. All in favor signify by saying aye. Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries. Go for it, Bleu. MR. WALLACE: Thank you. Item #8A2 IMPLEMENTATION OF A HEARING EXAMINER PROGRAM FOR QUASI-JUDICIAL LAND USE HEARINGS -APPROVED CHAIRMAN CARTER: Okay. That takes us to 8(B). I am sorry. 8(A)(2). I will be all right. I have got my agenda out of whack here this morning. 8(A)(2), discussion of implementing of a hearing examiner program for quasi-judicial land use. MR. MULHERE: Good morning, Mr. Chairman, Board Members. My name is Bob Mulhere, for the record, planning services director. This item -- I've provided you, I think, with a very detailed backup in the executive summary package. And I do have a power point presentation, but in deference to your very full agenda, I certainly wouldn't object to going directly to the direction that staff is looking for. There are some specific pieces of direction -- of course, unless you have questions that you would like to ask. COMMISSIONER MAC'KIE: I'm dying to jump in here because this is something that I wanted to see Collier County go to for as long as I have been on the Board. This is a really positive way to de-politicize the development process. And we are clearly in need of as much of that as we possibly can. I support this and don't need discussion on whether or not to do it. I do, however, want to do -- unless -- I would like to hear some discussion on varying from the Lee County model with regard to access to public officials. I would like not to limit access. And I realize that that requires a more cumbersome disclosure under the quasi-judicial regulations, but I'm willing to do that. I'd like to have the best of both worlds, which I think would be the hearing officer with Page 26 October 24, 2000 access to public officials via disclosure. COMMISSIONER BERRY: Mr. Chairman? CHAIRMAN CARTER: Commissioner Berry? COMMISSIONER BERRY: Along that same line, what if Commissioners had a log of -- and just submit that every time you had a meeting. If you have had a participation or any kind of contact, you just merely submit your -- more or less your calendar. COMMISSIONER MAC'KIE: Right. COMMISSIONER BERRY: To me that would be one of the easiest things. Now, the only place where it probably gets a little difficult is if you don't meet with someone, but you have a telephone contact. So it would require the Commissioners to make sure that if they had a telephone conversation with, you know, an interest that that would be logged. But that would be -- might be the easiest way and just submit that. And I don't know if that would suffice or not or if you have to publicly say it or -- but the main thing is that it is a record that you submit. COMMISSIONER MAC'KIE: All we'd have to do -- and the County Attorney's Office could come up with a form for us, whether it's a written out log or you print out your calendar or whatever it is. We have to make it a part of the record available to all sides. And they have to have it and know who we talked to and what we talked about. And, you know, the how we do that can be worked out in the future, but -- COMMISSIONER BERRY: I'm supportive. When I first heard that this is how they did this in Lee County, I thought -- I think this makes a lot of sense. And, yet, the people still have access CHAIRMAN CARTER: Yes, they do. COMMISSIONER BERRY: -- to the County Commissioners. So don't -- I don't want anybody throwing up that red herring and say, "Oh, well, we can't talk to the County Commissioners anymore." That's not true. CHAIRMAN CARTER: No. The way I understand it is that they go to the hearing officer and we are really the appellate court. And we have what's called the ex parte communications, which says no further evidence can be introduced, other than Page 27 October 24, 2000 what was discussed in that hearing. And it does, if I understand it correctly, eliminate them coming to us outside of the public hearing. When they come to us is in a courtroom. If the information -- unless you establish a different direction and have your logs and everything. I'm more inclined to not go there. Not that I want to cut off access to me, but I think for a cleaner, simpler operation I'm an advocate of the hearing officer and staying within that framework where the Board can work on long-range policy and planning and those kinds of issues and stay out of -- out of these other arenas where there's a public perception that we're unduly influenced by certain groups. COMMISSIONER BRANDT: Mr. Chairman? CHAIRMAN CARTER: Yes, Commissioner Brandt. COMMISSIONER BRANDT: I thought considerably about this. And there are some things about it that I like, some things about it that concern me. One of the things that I like about it is that the public perception, as Commissioner Carter just referenced, is dealt with to a high degree and the lobbying of commissioners tends to go away. But there's some concerns I have about the authority that a hearing officer would have. And let me give you a couple of instances just to try to make sure I understand what we're talking about. And, Mr. Chairman, if I may, I would like to go to the visualizer for just a moment -- CHAIRMAN CARTER: Absolutely. It's your pleasure, your privilege. COMMISSIONER BRANDT: -- and see if I can draw something. I will need some guidance. What I want to do is draw something like this. COMMISSIONER MAC'KIE: You need to switch to the visualizer. MR. MULHERE: She is on. COMMISSIONER MAC'KIE: There you go. COMMISSIONER BRANDT: Okay. The reason I drew this is because Vanderbilt Lagoon sets out in here, for example. At the Planning Board meeting on the 19th there was a petition brought forward by a representative of a group asking that some boat docks be allowed to go -- asking that some boat docks be allowed to penetrate into Vanderbilt Lagoon. Page 28 October 24, 2000 And bear with me because my memory being what it is -- I'll rely on it as much as I can, but we need to verify some things. The petitioner was proposing that a dock be placed out here with a ramp coming off of some properties -- and there were several buildings in here -- with a privacy fence of about six feet high. There was another portion of the dock that would be out here that would allow two boats to be moored. This one would be allowed -- allowed to have three. The boat docks float. So the petitioner was making the point that by having floating docks as compared to fixed docks you're now using concrete pilings that allow the boat dock to rise and fall with tide and you don't pollute the lagoon by having treated wooden pilings. Now, I don't agree with that being a problem. And I think there are a lot of people with the CBIA that would also contend that that's not really a problem. The other issue associated with it was that they wanted to come out 60 feet compared to the 20 feet that they're allowed. There were three people -- and I listened to this partly over the weekend. I didn't have time to hear all of it, but I did hear a good portion of it. And there's a property sitting over in here. And the riparian line comes down through the center of this 100-foot wide canal. So the petitioner was taking advantage of the 50 feet they have here, and rightly so. Part of the difficulty is the individual who lives in that location there at the end of the canal -- and I don't know whether you can see that all that well. COMMISSIONER MAC'KIE: Yeah. CHAIRMAN CARTER: That's fine. COMMISSIONER BRANDT: But their concern was, "What will this do to my view?" There's another house being built in here and the lady indicated that it is going to be about a million dollars. When they bought the lot, they had the view of Vanderbilt Lagoon. They're concerned that this dock will present a problem. The petitioner's representative was very good. It kept talking about the floating dock. It moves up and down with the tide. What he didn't discuss are the boats that would be at those docks and what those boats do about obstructing view. And we know that in Collier County anyway and almost any place you go, water view has value. It didn't seem to me from Page 29 October 24, 2000 what I listened to at the Board of-- Planning Commission that there was any sense on the part of those members, who are volunteers, and thank goodness they are, that they had an appreciation that it does affect values of properties if you obstruct the view of a body of water. The petitioner kept saying the reason they wanted to go out 60 feet total is because the water level out here at Iow tide about 300 feet into the lagoon from the dock is about 3.4 feet at Iow tide. Those of us who are boaters in the area know that in some instances you have to do your boating activities based on what the tide is doing. And, for the most part, in things like Vanderbilt Lagoon, the deep water is around the outside perimeter, not through the middle. And so he did a very good job of diverting attention and I applaud him for that. However, he also diverted the attention of the Planning Board members, in my view. Now, this is a David Brandt view based on what I saw on TV. And there was another individual -- and I don't know where that individual was located, but there were three of them that were concerned about what would happen to view. Over on this side -- this is the Gulf. Over on this side of the lagoon is a large condo. One of the Board member comments was, "Why would you want to look out across the water" -- I'm paraphrasing not exactly. "Why would you want to look out across the water to see a condo?" Well, those of you who know what the value of waterfront properties are, people pay a lot for view. And it would seem to me that we need to do two things. We need to cause our volunteer Planning Commission to be aware of some of these issues that need to be dealt with in the hearings that they have and the decision-making they do. They ultimately approved putting these docks in and there was one dissenting vote. So I have a real concern about a hearing officer. Now, we have a Planning Board and we have an Environmental Assessment Board that look at issues like this and make judgment. It was pointed out by the Chairman of the Planning Board that these individuals who objected to the docks that were going to go in -- again, floating docks, Iow level, not a problem for view, forget the boat. And, again, the petitioner's representative did a very good job of that. Page 30 October 24, 2000 But my concern is that if we have a hearing officer, to what extent will the hearing officer look at issues that we, the Board of County Commissioners, have as a responsibility to determine what the waterfront areas of the unincorporated area of this County are going to look like and what the value of properties will be? CHAIRMAN CARTER: Commissioner Mac'Kie wants to make a comment. But I think to address that we want to hear a profile from Bob Mulhere on the professionalism of a hearing officer and the roles of the EAC and the Planning Council would change. They would not hear these things. They would be in a different responsibility area working on policy and long-range planning, as we would be. It would be an altogether different environment. COMMISSIONER BRANDT: And, Mr. Chairman, that's exactly the point I want to make. That in order to have a hearing officer capable of doing what we, the Board of County Commissioners, want done, we have to set the standards. We're the ones that are going to determine what this County looks like, not the Planning Board. If the Planning Board continues to make these kinds of decisions where I don't think the general public and the people who are concerned about the property values -- if they're going to continue to do this sort of thing, then maybe we should revise the current ordinance and take that capability away from them. Thank you. COMMISSIONER MAC'KIE: Commissioner Brandt, I think we've got good news here today. Because what's in front of us would do exactly what you just said. COMMISSIONER BRANDT: That's the reason I wanted to bring it up. To help emphasize that. COMMISSIONER MAC'KIE.' Okay. Because -- because supporting the ordinance as proposed today would take from the Planning Commission and move to a hearing officer decisions such as the one you just described. And the good news here is that to the extent -- it does put a real onerous burden on the County Commission -- COMMISSIONER BRANDT: Yes, it does. COMMISSIONER MAC'KIE: -- that we be careful that our ordinances reflect the vision that we have for this community. Because there won't be any wiggle room. There won't be any Page 31 October 24, 2000 discretion. And that's why, for example, the issue that you have on the agenda today about interconnection. You know, we have had interconnection as a suggestion and then when petitioners come in front of the County Commission, we've kind of twisted them into doing it because we wanted them to. The onus will be on the Board to be sure that the ordinances require what we want required because the hearing officer will have to enforce what we want -- you know, what the ordinances say. For this particular proposal, we are -- the staff is proposing to start slow, give us time to do just what you are -- to be sure that our ordinances do say just what we want them to say. But -- but your point is well taken and argues for a hearing officer, in my judgment. COMMISSIONER BRANDT: And that's the reason that I wanted to bring it forward. Because it does place a greater responsibility on the Commissioners. And I do believe the Commissioners who set policy need to spend the time with staff to help make sure that those policies are in the best interest of the taxpayers. COMMISSIONER MAC'KIE: And if you saw the -- as I have, the schedule that the County Manager has for the new Board in the first quarter of the next year, he's -- he has us spending our time on those issues and particularly on workshops. COMMISSIONER BERRY: As well you should. COMMISSIONER MAC'KIE: As well we should. CHAIRMAN CARTER: Absolutely. COMMISSIONER BERRY: Exactly. You are policy-makers. Now, there's going to be a segment of the population that doesn't want to hear that. COMMISSIONER BRANDT: That's right. COMMISSIONER BERRY: Okay. But that is indeed -- statutorily that is your role. And it means what you're going to have to do after they get you started is that you are going to have to go through and review some of these ordinances and -- COMMISSIONER MAC'KIE: That's right. COMMISSIONER BERRY: -- make sure that they say what they say. But that's the job of the Board of County Commissioners. COMMISSIONER BRANDT: Exactly. Page 32 October 24, 2000 CHAIRMAN CARTER: And I -- that's why we have a six-month window here to begin to do that. And I totally concur with everything that was said here this morning is that that is our ]ob is policy-setters and to review these things to make sure that we look like we want to look in Collier County. And, secondly, though, remember, we then sit as an appellate court that they can appeal. COMMISSIONER MAC'KIE: Either side. CHAIRMAN CARTER: But the restrictions there will be far greater than they have been in the past. And you are not going to be having -- if it goes the way that it might go, whatever is on the record, whoever was there, can come and present their cases to us as we sit in this quasi-judicial forum and make the decision either to uphold the hearing officer or reverse it. That could be done, but we won't be influenced by anyone from the outside. We have to only go with the data on the books. COMMISSIONER BRANDT: And, Mr. Chairman, if I may. I do believe that the approach that Lee County is taking where it blocks out, if you will, the lobbying of the commissioners is the right way to go. And I support that. CHAIRMAN CARTER: And it works well for them. In talking with John Manning and John Albion up there, they have found that it has worked tremendously well for them. I don't see why it wouldn't work here. But for the public, I think it would be a good idea, Bob, if you could just kind of profile quickly what are the credentials for a hearing officer. MR. MULHERE: Well, the hearing officer would be a professional trier of fact. Someone who is experienced in looking at the evidence, the expert testimony that is placed into the record and looking at the criteria upon which an approval or denial should be based and then crafting a recommendation that carries in all of the information that has been put on the record and putting that in a format that's very easy for the Board and the public to digest as to why they arrived at a particular decision. I just wanted to add that the -- we have experienced -- the staff has experienced a desire on the part of the Planning Commission and the EAC to be more involved in policy-related issues. To a large degree their hands are tied, as well as your Page 33 October 24, 2000 hands are tied, by, as Commissioner Brandt indicated, the structure that is in place today Oftentimes the public doesn't understand that your decisions are tied to the structure that's in place. And until we look at those policy issues and revise those, we have to proceed under the ordinances that are in effect today. You know, the land development code as an example. This would provide for significantly more time for those committees -- not doing away with them, but still utilizing those to look at these policy issues and bring recommendations to the Board, perhaps in timing with your workshops and other things like that. I do have some decisions that I think you need to make and I would like to go over those. Some of them you have already kind of indicated, but I'd like to go over those one by one so that we're clear for the record. CHAIRMAN CARTER: Okay. MR. MULHERE: The first one is, obviously, we would have to amend the special act to redefine the roles of the Planning Commission and also to allow it to include the hearing examiner program. There is an opportunity, as an aside, to correct some of the other smaller issues where we have a conflict with current statutes. And we would, of course, do that working with the County Attorney's Office as we went through the amendment to the special act for the hearing examiner. We also, obviously, need to create an ordinance -- a local ordinance for the hearing examiner. The question -- the first question that really is -- requires a decision is whether we totally prohibit -- yeah. Move forward. Sorry. Whether we totally prohibit ex parte communication first with the hearing examiner. And the staff certainly would recommend that strongly. And that's consistent with the way that other local governments would operate. But the second decision is whether or not we would prohibit ex parte communication with the Board. And that could even be further broken down into, "A", on appeal, or, 'B", where the Board has final decision. And what we're recommending is that for major land use decisions, to include rezones -- PUD rezones included and conditional uses, that the hearing officer make a Page 34 October 24, 2000 recommendation to the Board and that the Board continue in its final approval capacity. However, for lesser land use petitions, such as boat docks and variances and those types of things, our recommendation is that the hearing examiner's decision be final. And then there is a decision there as to whether you would like to have the appeal capabilities from the final decision on the minor land use petition by the hearing officer or whether or not, as in the case of Lee County, such an appeal would go to the circuit court. Staff recommendation is that the appeal go to the circuit court for those minor things. COMMISSIONER MAC'KIE: Why is that? MR. MULHERE: Just feel like it would be less likely -- it would be very easy for a plethora of appeals to come forward if that process was available. It's -- people are going to weigh that decision a little more judiciously if they have to go through the court process. COMMISSIONER MAC'KIE: And -- I am sorry. I will wait. MR. MULHERE: And that really was the rationale. We certainly don't want to create a process that doesn't -- you know, that doesn't -- that makes it very, I guess, open in any case to an appeal. CHAIRMAN CARTER: And that's a process that Lee uses. MR. MULHERE: Right. CHAIRMAN CARTER: Lee County uses, if I understand that. Thank you, Bob. MR. OLLIFF: If you don't, I think our fear is that for every variance that's denied by a hearing officer it's simply going to be right back here. CHAIRMAN CARTER: Yeah. Right here in front of you and you are right back on the same track. COMMISSIONER BERRY: Right. Absolutely. Absolutely. And you're no better off. COMMISSIONER BRANDT: Yes. MR. MULHERE: Now, with regard to -- we are back to ex parte communication. With regard to ex parte communication, you do have some decisions to make. One of the problems that we have seen in our research is this perception by the general public that if you totally prohibit ex parte communication they don't have access to their elected officials to the degree that Page 35 October 24, 2000 they would like. I think from a purely legal perspective that makes it cleaner. I think one of the Commissioners made reference to that. But you do have the ability under the statutes to allow ex parte communication, we just need to do a better job in process of disclosure. And that would be a process that we would develop over the next six months that would allow for very clear, very clean and very complete disclosure of any ex parte communication, either from a proponent of a project or an opponent of a project. CHAIRMAN CARTER: Now, that would be after the hearing officer had heard this, made a decision and they were appealing to the Board of County Commissioners? MR. MULHERE: Either appealing or going for final decision in the case of a rezone. But that really wouldn't be an appeal. You would have final decision. CHAIRMAN CARTER: Appeal or final decision then the question is: How much communication will WE allow with petitioners and how do we log it? MR. MULHERE: Right. Yes. COMMISSIONER BRANDT: Right. COMMISSIONER MAC'KIE: I'd like to make a motion that we accept staff's recommendations to direct the County Attorney and the planners to draft an amendment to the special act to institute a hearing examiner; that we direct them, likewise, to prepare an ordinance change with regard to our advisory boards and their role; that we direct that there be no ex parte communication with the hearing examiner; that we accept staff's recommendations with regard to what appeals come to the Board and what don't; and that ex parte communication with the County Commission be allowed with a thorough disclosure process. And my reason for that is this. Twofold. One is we are starting something new. I think it is better to start slow. That's going to be a big hit for the public. And the second is even though it's true that the public would be able to lobby us on the issues, which would be whether -- how high a building should be and how many trees, the reality is that people get excited about it, become informed not when we're doing land development codes -- they become informed when a Page 36 October 24, 2000 project is out there that they get excited about. That's when they want to talk us. And I think we should hear from them. So that's my motion. Did I leave anything out? MR. MULHERE'. I'm not sure. You may have said this. I just want to -- also, we need to bring forward an ordinance implementing the hearing officer process -- program. COMMISSIONER MAC'KIE: Okay. MR. OLLIFF: Perhaps to clarify, it is actually the staff recommendation as written in the executive summary and you simply clarified where the actual ex parte communication for the Board will be. And that way you are actually recommending that we allow ex parte communication with the Board, but that we develop a better process for recording and disclosing that. COMMISSIONER MAC'KIE: That is my motion. COMMISSIONER BERRY: Because it is difficult. There are times when people will call in -- we'll never talk to them, but a communication will come in to the secretary who says, "Joe Smith called and supports whatever the issue is. Called all Commissioners." And we've never, ever talked to the individual. And then somebody says, "Well, I called the Board of County Commissioners." Indeed, they did. But we never talked to them, but we got a message. So the main thing is that we have a -- some kind of a process by where that is duly recorded and at least it can be submitted then that indeed this person did call the Board, even though we didn't communicate directly. MR. OLLIFF: We will develop that process. COMMISSIONER BERRY: Okay. MR. OLLIFF: And work with your staff to do that. CHAIRMAN CARTER: We have a motion. Do I have a second? COMMISSIONER BRANDT: I'll second. COMMISSIONER BERRY: I'll second. CHAIRMAN CARTER: Okay. Any further discussion. All in favor signify by saying aye. (Unanimous vote of ayes.) CHAIRMAN CARTER: Motion carries. Thank you. COMMISSIONER BRANDT: And, Mr. Chairman, with regard to Page 37 October 24, 2000 the Planning Board meeting, I would be quite surprised if the people who were opposed to those docks going in don't come in for an appeal. COMMISSIONER MAC'KIE: COMMISSIONER BRANDT: I will stop there. CHAIRMAN CARTER: Well, we'll see it. I'm sure that it will eventually show up on our schedule. Okay. Moving to 8 -- COMMISSIONER BRANDT: They are entitled to. They are entitled to and I would -- If it doesn't, it should. Item #8B1 STAFF DIRECTED TO REVIEW AN ORDINANCE PREPARED UNDER THE DIRECTION OF THE PELICAN BAY PROPERTY OWNERS ASSOCIATION TO AMEND THE ORDINANCE ESTABLISHING THE PELICAN BAY MSTBU CHAIRMAN CARTER: 8(B)(1), transportation services. COMMISSIONER MAC'KIE: Before we start on this, it is an item that I do feel I am able to vote on, but just in the interest of disclosure because I think sometimes historically we haven't had enough. I work in Lee County for the company that is the manager of -- currently the manager of the Pelican Bay MSTBU. I think that is a real long, long stretch, but -- and doesn't present a conflict. But I just didn't want to hear about it later that, "You know, you had an opportunity to tell us that you worked for them and you didn't." I do consulting work for them in Lee County on non-developer projects. I just want to put that out there. CHAIRMAN CARTER: Mr. Weigel, do you have to give direction to Commissioner Mac'Kie on that question? MR. WEIGEL: She has not asked us in regard to direction. COMMISSIONER MAC'KIE: If you have any to offer, I'd welcome it. MR. WEIGEL: Okay. I would recommend that you not vote on this matter in regard to your business relationship. I'm just concerned that it does have operation specifically with this MSTBU. CHAIRMAN CARTER: And how many votes does it -- Page 38 October 24, 2000 COMMISSIONER MAC'KIE: I am surprised, but I will do that. CHAIRMAN CARTER: And how many votes do we need? MR. OLLIFF: Three. CHAIRMAN CARTER: Three? MR. WEIGEL: This is just a direction. CHAIRMAN CARTER: This is just giving direction. Okay. COMMISSIONER MAC'KIE: Great. COMMISSIONER BERRY: Excuse me. Mr. Chairman -- COMMISSIONER MAC'KIE'- Glad I brought it up. COMMISSIONER BERRY: Just for a moment. Para, back when I was going to propose a change this is the very thing where I think Commissioners can run into some difficulty. Even though you may not do work in Collier County for this company, the bottom-line is you receive compensation from this company. What is the difference in receiving compensation from this company or a County Commissioner going out and having a $6.50 lunch; which is the most influential? COMMISSIONER MAC'KIE: Well -- COMMISSIONER BERRY: You still are receiving -- and they still have a contract with Collier County that is overseen by this Board of County Commissioners. COMMISSIONER MAC'KIE: Right. COMMISSIONER BERRY: There's still -- COMMISSIONER MAC'KIE: I would not vote on that, Barbara. COMMISSIONER BERRY: I don't care about your voting. You still are in a position of influence. COMMISSIONER MAC'KIE: How can I help it? COMMISSIONER BERRY: You can go talk to any of the staff in regard to this company and their relationship with Collier County. I personally -- I think this is wrong, Pam. I really do. I don't care whether it's you or anybody else. I mean -- But that's a prime example of where I think that this is a problem. COMMISSIONER MAC'KIE: I appreciate your opinion. I respect your opinion. It is not in my judgment by any stretch of the imagination wrong. I can't imagine how I could help these people, especially if I'm not even voting on this, which is a bit of a stretch. But now you've made it an issue, so we'll get to talk more about it and I'll be happy to. CHAIRMAN CARTER: Well, then that may be a future item Page 39 October 24, 2000 that we have to put on the agenda. Let's move forward and deal with the issue in front of us. You are going to abstain from this vote. There will be a presentation that may be made here in regards to this by John Dunnuck. As we lead into this, let me just say up front that there is unanimous support in the community -- Pelican Bay community from the Property Owners Association, from the MSTBU as currently is constructed and also the Foundation are all in agreement on the changes that are being proposed to us this morning. And a lot of discussion has taken in that community through a lot of different meetings and formats. So there is -- this is not a secret kind of thing. This has been going on for over two years. And that's why they are coming to us today. And the bottom-line is they want to elect their supervisors on the MSTBU versus having them appointed by the Board of County Commissioners. And I think regardless of the community that you live in, if that request is made that we ought to honor that request. COMMISSIONER BERRY: I think it's a good point. CHAIRMAN CARTER: So, John, do you want to present or do we need discussion on this? Because we're just giving direction this morning that the Board of County Commissioners direct the County Manager and County Attorney to review an ordinance prepared under the direction of the Pelican Bay Property Owners Association to amend the ordinance establishing the Pelican Bay MSTBU. MR. DUNNUCK: You made the motion -- excuse me. For the record, John Dunnuck, interim community development and environmental services administrator. Yes. You summed it up quite well. This issue was brought forward by the Pelican Bay Homeowners Association through the Pelican Bay MSTBU Advisory Board. Both were in unanimous support of it. And right now we are looking for Board direction to go and take a look at it, take a look at this ordinance a little bit in-depth, bring back the pros and cons through a public hearing process maybe as soon as November 14th, at which time we can present all of the issues. CHAIRMAN CARTER: I would like to make that motion this Page 40 October 24, 2000 morning and the recommendation on the part of staff to proceed with this. COMMISSIONER BERRY: I will second it. CHAIRMAN CARTER: And Barbara Berry seconds it. We've got a motion and -- a first and a second. Discussion? COMMISSIONER BRANDT: Mr. Weigel, I have a question of you with regard to legal issues that may evolve as a result of this special setup that would be in Pelican Bay and the relationship between them and the Collier County Commission. Are there any special considerations that we need to look at? What complexities does this bring to us? MR. WEIGEL: Well, the general format of the ordinances proposed and provided in the agenda book today shows that the Board of County Commissioners will continue with some powers over this district. It is a dependent district under Chapter 189. As proposed, the Board will have fiscal responsibility, veto power -- minimally veto power, but arguably additional power in regard to almost all significant fiscal actions that this committee -- or this district would have, if created. And that includes issues concerning financing of capital projects and things of that nature. If I can respond further to your question, I will. COMMISSIONER BRANDT: They can determine how they want to spend their funds to do the things within their purview the way they want to? MR. WEIGEL: That is correct. They do have to keep in mind and, in fact, adhere to the Collier County growth management plan, things of that nature. But part of their charge under this proposed ordinance is to, in fact, look at and be very responsible for capital improvements of a fairly vast array within -- within the proposed district. COMMISSIONER BRANDT: And the review that would be done by staff, including your staff, I have -- my request would be that you take a good, hard look at those kinds of issues as you bring an ordinance back for review and our consideration. I'm really concerned there. Thank you. CHAIRMAN CARTER: Well, I think I can assure you, Commissioner Brandt, that that is already in process as they evolve this. Copies went to the County Manager and they're in the County Attorney's Office that there is a uniform approach and Page 41 October 24, 2000 review of this. Because it really doesn't change our relationship with the County in Pelican Bay. It just says that we are electing these people versus this Board appointing them. But the same rules and regulations and ordinances are pretty much in place, as I understand it. Am I correct on that? MR. WEIGEL: That is correct. CHAIRMAN CARTER: Okay. Any other questions? Do we have speakers who want to speak to the issue? MR. OLLIFF: You do not. CHAIRMAN CARTER: All right. All in favor of the motion please signify by saying aye. (Unanimous vote of ayes.) CHAIRMAN CARTER: Motion carries 3-0 with Commissioner Mac'Kie abstaining. All right. We are at that point -- how is our reporter doing? Would you like a short break? She's looking that painful look at me. I think we'll take ten and we'll be right back. (A short recess was held.) CHAIRMAN CARTER: We're back in session. Everybody please be seated. Item #8D1 PRESENTATION AND ACCEPTANCE OF THE FINAL REPORT OF THE COLLIER COUNTY COMMUNITY HEALTH CARE COMMITTEE - PRESENTED AND ACCEPTED We're moving to the next item on the agenda, the acceptance of the final health care report. Let's see. That will be by Mr. Tom Schneider or -- ah, the good doctor is with us this morning. Thank you. DOCTOR COLFER: Good morning, Mr. Chairman, Commissioners. For the record, I'm Doctor Joan Colfer, the Director of the Collier County Health Department. You will recall that approximately 18 months ago you appointed an ad hoc committee to study the issue of unmet health care needs in Collier County. It is my very great pleasure to introduce the vice-chair of the health care review committee, an extremely hardworking gentleman who has devoted hundreds Page 42 October 24, 2000 of hours to this effort, Mr. Tom Schneider, who will provide a summary of the final report of the committee. And he has a power point presentation and I have handouts for you, so whichever way you'd like to follow along. CHAIRMAN CARTER: Thank you, Doctor Colfer. Mr. Schneider? MR. SCHNEIDER: Mr. Chairman, can you hear me all right? CHAIRMAN CARTER: Yes, sir. MR. SCHNEIDER: Commissioners, I am Tom Schneider. And as Doctor Colfer has said, I have been the vice-chair of the health care review committee that you appointed almost 18 months ago now, I think. Sixteen months ago for sure. And I just want to provide a recent history. And that is that prior to the time that you appointed this committee, this issue had been discussed and bandied around the community for a number of years long before I got here. But it had never been elevated to a serious discussion and lead to a conclusion until your Board appointed this committee to look at this issue. And I think we should start with a good definition, a common definition of what we mean by access to health care. And that is the ability to receive needed medical care when and where needed or the timely use of personal health services to achieve the best possible health outcomes. Doctor Colfer already covered this. Basically you've asked us to determine whether or not there is adequate access to health care and whether it's available to all residents of the County. And our voting members represented a broad cross-section of the community stakeholders. We had representatives from NCH Healthcare System, the Cleveland Clinic, Collier Health Services, civic organizations, such as the Chamber of Commerce, Greater Naples Civic Association, League of Women Voters~ local businesses and the school system -- the County school system all represented on this committee. And we had advisory members who spend their professional career working with various agencies, various government agencies dealing with health care 100 percent of their time. We organized ourselves into subcommittees to try to look at specific sections on a simultaneous basis. We looked at children. We looked at the uninsured. We looked at elderly. And Page 43 October 24, 2000 then we looked at dental services and mental health and drug abuse services. And then, finally, we decided rather than reinvent the wheel we should look at whether other communities have developed successful programs to deal with this very issue. And our conclusions are -- the first question is: Is there adequate -- excuse me. I want to step back before I do that. We did complete our assignment and we issued our report to you about two weeks ago. And we also issued a separate executive summary that's available to you and to the public. And we're here today at your request to bring closure to that section. So the question is: Is there adequate health care access? And the answer is no. And that's despite the fact that there has -- the community itself has -- has contributed millions of dollars annually to this issue over many years coming from such areas as the medical community, the hospitals, the physicians, numerous charitable organizations that deal with one aspect or another of caring for health care for the poor, the faith communities, and many, many generous individuals donating a substantial amount of money. Our committee's report emphasizes that access to health care in Collier County is a serious community-wide problem for substantial segments of our local population and does require a community-wide solution. How large is the problem? Under the age of 65 with no health insurance, in the United States we have 44 million. A number that we hear all the time in the national press. In Florida we've got over two million people. And in Collier County, based on a recent Florida study, we have 30,000 people, representing about 18 percent of our County population. One of the highest rates of any place in the State of Florida. There is a little pie chart that shows this. And it shows that we have 82 percent insured, 18 percent uninsured, 30,000 uninsured residents and at least 6,000 or more of those are children. Who are these uninsured? Well, the answer is they can be anybody. They can be men, women, children, white, black, Hispanic, other. They can be employed or unemployed men and women. But, for the record, most of them are employed. As you can see from this next pie chart, this is based on a national study, but it shows that throughout the country almost Page 44 October 24, 2000 75 percent of the people that have no insurance are part of families where there is one or more full-time worker in that family and another 10 percent with one part-time worker. That's a point that I think you in the community need to keep remembering is that, for the most part, the uninsured people are people who are working trying to make it for their family and for themselves. They could be the waiter at your favorite restaurant. They could be the lawn or pool caretaker, hotel workers, farmers and growers, single parents, or they could be the neighbor next door who just lost his job. Again, who are these uninsured? National statistics would show that 27 percent of them are children and 74 percent of them, as we discussed, are in households with workers. Again, generally the uninsured are people between the ages of 19 and 64 with incomes below 150 percent of the Federal poverty guidelines, which equates today to about $25,000. To give you an example, NCH has hired an outside firm to review their charity care costs for each of the last several years. And, again, those statistics show that most of the charity care patients are adults between 19 and 64. And, in fact, 93 percent of the cost of their charity care last year was for people 19 to 64. And that was 93 percent of $14 million and almost 90 percent for outpatients, as well. And those statistics are similar for each of the last several years. And, again, the NCH study shows that 72 percent of these charity care patients were white, 17 percent were Hispanic, and then regionally 14 percent from one zip code in Immokalee, 15 percent from one in East Naples, and 12 percent from one in Golden Gate, where we have a large working force. What major gaps exist for the uninsured? Well, the answer is that they receive little or no health care in the primary care area, preventative care, dental, vision, or mental health. And they often lack access to follow-up care. And they lack the funds for prescriptions or for specialty care that has been recommended. What are the major -- I thought I'd just take you briefly through each of the subcommittees that we have and start with mental health and tell you what were the major mental health access issues that we found. We found, for example, there was Page 45 October 24, 2000 a significant decrease in the availability and the affordability of those services. At the same time, there's been a dramatic rise in the individuals in this County that are in need of those services. Clearly, the funds are not keeping pace with the growing demand. State funds for mental health services are now more and more targeting those at risk of institutional care, which leaves less and less public funding for preventative care or for education. And the need has clearly already outstripped the community resources, which is resulting in long waiting lists for publicly funded care and significant delays for those seeking care, And the situation has now been compounded by the recent closures and it may soon lead to a crisis. And I am speaking about the abrupt closure of Charter Glades in June of this year and the announced projected closure of G. Pierce Woods in April of 2002. Looking at children, our next group. This is a shocking statistic to me. That 43 percent of the children in our school system -- Collier County School District are eligible for free or reduced lunch. That, I think just says immense things about the character of the County versus the typical perception that there is no significant need for this. COMMISSIONER BERRY: Do you know what the criteria for that is? MR. SCHNEIDER: I don't remember. Maybe Doctor Colfer or somebody could remember. COMMISSIONER BERRY: Because I think that's important when you -- MR. SCHNEIDER: We can find that out for you. COMMISSIONER BERRY: Well, yeah. I have an idea, but I think you need to -- MR. SCHNEIDER: Okay. COMMISSIONER BERRY: I think the public needs to know what that -- how that is figured and what is the basis for it. MR. SCHNEIDER: Very good. Thank you. Looking at numbers, we've got 34,000 roughly school children, 15,000 others, 49,000. Of those 18,000 are estimated to be eligible for either Medicaid or for the Healthy Kids Program. And about 12,000 of those are estimated to be currently enrolled. Page 46 October 24, 2000 Then what are the unmet needs of these uninsured children? Again, they have limited or no access to preventative or routine health care and there is a shortage of specialists in ENT and dermatology, et cetera, who are available for -- to service these Medicaid and the Healthy Kids children. But we also have a school nursing program, which, again, is quite new to this community. It's only been started for about three or four years. And the question is: Well, why is that school nursing program so important? Because it's a vehicle for the family health education. For many of these families, it's the only health care professional that they see. And they're also a linkage to the health care system to recommend and refer children who have noted problems. How many do we have? We have 12 student nurses. The school nurses. Two of the schools have a full-time and all the other schools have a nurse less than ten hours a week. Do we have enough? And the answer is clearly no. For example, the U.S. goal is to have one nurse for 750 students. Florida is one for 1,500. In Collier County our actual number is closer to 2,800 students for every nurse. COMMISSIONER MAC'KIE: Tom, if I could just interrupt you for a second there. Haven't I read in the newspaper that that program has been eliminated or-- MR. SCHNEIDER: I'm glad you brought that up. It hasn't been eliminated, but most -- a good bit of the funding for that is coming from NCH Healthcare Systems, as well as from the County Health Department. But at a recent School Board meeting in May the Chairman of the NCH did advise the Board that -- that their contribution this year is not really coming from the hospital, but was donated by one Board member. And he has agreed to do that for one year. And that they should recognize in the future because of the financial problems that they are having that their funding is in jeopardy. So even for this limited program, you're absolutely right, it is in jeopardy. So then we talk about the Healthy Kids Program, which is an insurance program for poor children that they're above the Medicaid levels. And we say, well, why is that a good program? Why is it an important program? The answer is because they have good benefits and it's highly leveraged. And that is really Page 47 October 24, 2000 the key. We get more bang for the buck in the local community. Basically we can service -- right now we're servicing about 3,700 children at a cost -- local cost of about $370,000, which is like $100 a year. Plus, the parents pay $15 monthly premium. And then recently the legislature has enacted legislation last year that froze this amount. And, basically, it has given us a new challenge. And the biggest challenge for us now is to make sure that we enroll as many local kids as we possibly can. And I'm happy to announce that there is a coalition of interested parties that is working on that right now. But we are in a race with all of the other communities in Florida. Once the State cap is reached, there's no more money available, then no more kids will be allowed to be enrolled. COMMISSIONER MAC'KIE: Another just brief interruption. Tom, maybe we could do something on Channel 54 for public awareness, too. We ought to get as many of our kids enrolled as we can. MR. SCHNEIDER: Absolutely. Yes. COMMISSIONER BERRY: I have a comment. I understand that there is some concern with that from the standpoint of how that program ends up paying physicians. Have you heard anything in that regard? MR. SCHNEIDER: It is my understanding that -- generally speaking, the payment rates for Healthy Kids are better than the Medicaid rates and that -- that -- I have not heard. And our testimony -- all the interviews that we've had with the children's subcommittee, I don't recall that issue having come up, Commissioner Berry. COMMISSIONER BERRY: I heard that recently and I was just concerned. MR. SCHNEIDER: We look at dental. Again, particularly a dim picture here. Dental disease is rampant among these people. We understand that there's only one private dentist in the entire county that will accept Medicaid reimbursement. The Marion Fether Clinic in Immokalee is really the only dental clinic in the entire county. And the working poor from the entire County from East Naples to Naples, from Everglades City, all have to travel 45 minutes to an hour each way to Immokalee. And, again, the statistic that shocked me was that -- and this is the State of Florida statistics for Collier County. That only nine Page 48 October 24, 2000 percent of those people have income below 200 percent of the Federal poverty level accessed the dentist in 1998. To us, anyway, as the committee, our editorial is that the local dentists have not met their obligation to this community. There's been little volunteerism in stark contrast to the attitudes and the behavior of the physicians in this community. They have no Medicaid patients and they have even resisted efforts to establish free clinics in the community. CHAIRMAN CARTER: Tom, may I just interrupt a moment? But there are some dentists who have worked with the Healthy Kids Program. And I know a couple personally who do that directly with the schools to get the kids there into their offices versus going to the schools. So, I mean, overall we may not have the support of the dental community, but there are some individual dentists out there that I certainly wouldn't want to include them in it. They have been very, very good in helping us. MR. SCHNEIDER: You are absolutely right. And the Healthy Kids has just instituted --just put in a dental coverage this recent year. Just in the year 2000. And the other thing on my next slide -- I was going to say we are seeing some progress being made. And I did not mean to specify that it was all -- every dentist. But, in general, as a profession, they have not stepped up to the plate. And I've had that acknowledged from leaders of that organization, as well. But now the public health department is actively recruiting for dentists now so that they can start up a new clinic in the County or to restart the health -- the dental clinic in the County health building. And they have solicited volunteers from the dental community and a number of them have signed up to help. And CHSI and CMS and NCH are trying to start a new dental clinic near the North Collier Hospital. And we look at the elderly. I think basically find that Medicare is working pretty much as expected with some exceptions. As most of us know, they don't cover pharmacy costs, preventative services, such as physicals, dental, vision care or long-term nursing, which is primarily covered by Medicaid. And the key concerns for the elderly are there's a -- there's a -- we don't know -- we don't have the actual grasp of the number, Page 49 October 24, 2000 but there are a fair number of Iow-income elderly who aren't eligible for Medicare and so they have the same problems that all the other people have and don't have the umbrella coverage. It's interesting to note that the elderly basically make up 1:3 percent of our national population, but account for 35 percent of health care costs. And in Collier County we obviously have a significantly higher proportion of elderly. From 55 up a couple of years ago was 35 percent of our population. So a few questions the people -- are in people's minds that I think we should try to deal with. The question is: If these folks are working, why can't they get coverage from their employers? The answer is there's several reasons. One is that most small businesses haven't been able to afford to offer insurance because the insurance rates are so expensive. And even for companies that do have health care options, many entry-level jobs aren't offered any benefits at all. Many of these people simply can't afford family premiums. So, for example, what happens is is the worker gets -- he gets his insurance or her insurance, but the spouse and the children go without insurance because they can't afford the payments and the deductibles and the co-pays and the family premiums. Another question is: Why are these families uninsured? Well, there are key reasons. But if you will look at the chart, their cost -- three-quarters of the people who don't have it site cost. So it's cost, cost, cost. So then the question is: Yeah. But don't the uninsured get treated anyway? And the answer is a lot of them don't. But when they do, it's often too late when they're very ill. They use the most costly care option, which is the emergency room. And, again, they have no continuity in physicians or medical records. And there's no preventative care or education. Who treats these people? Well, in Collier County we do have a great caring network of providers that have been doing this for years. But the key word is it's fragmented. We have the hospitals. We have physicians. We have the health department. We have CHSI, the Collier Health Services, neighborhood clinic, Senior Friendship Center, David Lawrence, et cetera. It goes on. Guadalupe Center, plus numerous, numerous C-3's that specialize in one aspect or another. Now, the big question is: What difference does health Page 50 October 24, 2000 insurance make? And this comes from the Keiser Foundation Study that just came out this year. It's the best study I've ever read on this subject of the uninsured. Basically they say that 20 percent of uninsured adults do not receive care for a serious condition and that the uninsured forego even recommended treatment. For example, they -- they estimate that 30 percent of those people did not fill out a prescription or they skipped a medical test that had been recommended by a doctor due to the fact that they couldn't afford the cost. And they found that the problem is even worse for those in greatest need. For example, two-thirds they estimate of the uninsured that are in fair or poor health have had problems getting medical care. And another one -- this one actually should be out to the margin again. It's basically they found that the uninsured are hospitalized at 50 percent more for avoidable hospital conditions, such as pneumonia or uncontrolled diabetes or asthma. That's really where the extra costs come from because it's not treated early. It's treated late. Okay. Who pays for the health care costs of the uninsured? Well, the government. Mostly, Federal and State, some local. Charitable contributions from individuals and, surprisingly, much to probably their ignorance a lot of times, the insured patients are paying for it. And they're paying for it by way of increased hospital rates, increased physician rates, increased insurance premiums and increased Medicare co-payments. And we've had this spelled out very clearly to us by the NCH Hospital. I mean, they acknowledge that this is -- this is standard practice in the industry. That's the way they have to deal to survive. Because I think at NCH, for example, 90 percent of the patients that go to NCH Hospital the fee that they receive is absolutely fixed. So they basically have to -- a lot of that is fixed at below what their true costs are. So they basically have to make it up. But now the question is: Can Collier County expect the State to help solve this problem? Well, we have good news and bad news. The health care access and insurance is a high priority on Governor Bush's 2001 agenda, which was spelled out very clearly at his conference in Miami, at which you attended, Commissioner Carter. But I think the bad news is that because Page 51 October 24, 2000 of the severity of the problem and because of the limited resources that the State will have, they're only going to be able to scratch the surface. And I think we got a good sense that perhaps a lot of that money is going to go over towards Miami-Dade County where the problem is even much more significant than here. CHAIRMAN CARTER: You're absolutely right, Tom. Because it gets down to numbers and demographics. It was very clear to me coming out of that conference we would get little support from a Statewide program in total dollars coming to, what I'm going to call, medium sized counties. It's just not going to be there. MR. SCHNEIDER: I came away with the same feeling. So then the question was -- we said we started this model subcommittee to see has anybody else dealt with this problem and are there any successful programs. We didn't want to re-invent the wheel if we didn't have to. We'd like to learn from everybody else's experiences. So, yes, we have found some win-win outcomes. And basically they follow two different models. One is that if -- one creates a public-private partnership and the other one energizes the spirit of volunteerism. And looking at the public-private partnerships, two that really stand out was the Hillsborough County Program and the Palm Beach County Program. From the spirit of volunteerism, the ones that stood out to us was the Carondelet model in the Twin Cities of Minneapolis/St. Paul. And we just recently, towards the very end, discovered the efforts of Buncombe County, which is near Asheville, North Carolina, which we will be investigating as part of the -- we'll be doing more on all four of these. But when we talked about win-win outcomes basically -- Hillsborough and Palm Beach basically created managed care systems for the uninsured working poor with emphasis on primary preventative care and education and using the power of their large purchasing power to negotiate favorable and Iow rates with the medical profession and then allocated those costs equitably among the businesses in the individual communities. And what results did they achieve when I say win-win? For example, they improved -- they have statistics that show the improved health and quality of life of the people that benefitted Page 52 October 24, 2000 from this. They also saw improved worker productivity and substantially reduced use of the emergency room and a substantial reduction in the inpatient admissions. And one thing that is not on here is that not only they dropped the inpatient admissions, but now the reason for the admission mirrors the entire population. So that they have gotten away from these avoidable situations like diabetes and asthma. And a reduced length of stay. They are now down to exactly, again, paralleling and mirroring the community as a whole. And they have done this by attacking the -- they've reduced the ultimate cost by attacking it when it's cheaper up front, rather than expensive at the back end. So then one of the questions is: Well, what are some of the costs of the County not having a safety net for the working poor? And they are really -- those costs are multi-dimensional. I'm talking about Collier County. We have overcrowded emergency rooms. We have been reading articles as recent as last month and throughout last peak season articles about -- not just here in Collier County, but the whole area about having -. EMS having to go to not the nearest hospital, but try to find some other one. Clearly amazing. We have a higher absenteeism and lower productivity from the workers. And, again, we have these higher rates for the insured patients. They're paying higher rates for doctors and for hospitals. I think we're clearly placing our children's future at risk. Bill, I think it just froze. So what are our recommendations? What should the Board do now? And we think that you should understand the critical importance of a health care safety net for the working poor of Collier County. Bear with me a second. COMMISSIONER MAC'KIE'- The power of technology, huh? MR. SCHNEIDER: Yes. The second recommendation that we are making to you is that you do create a follow-up committee to seek solutions to these problems that have been identified and documented. And I'm happy to say that you folks have already done that. When we presented that request in May, you took action immediately to create this committee that has now been formed. Page 53 October 24, 2000 We're in our organizational stages. We have our first meeting tomorrow. And that committee's charge is to lead a community-wide health planning effort to make the necessary financial and economic analyses to be able to estimate what the costs are of implementing one type of program versus another and then to come back to this Board with specific recommendations, both as to what are the best solutions do we believe for Collier County and what the costs of those would be and then how best to allocate the costs to all the constituency. I think what I would like to do is just to finish with some words out of our report here. I think it's important to know that for many of us living here in Collier County it's a paradise here. We enjoy most of the finer things in life, including excellent medical care, and have the knowledge and means to live healthy lifestyles. We truly do live the good life. Unfortunately, there's a significant portion of our community that does not have these advantages. These people are often invisible to the majority of us, but they are the people who clean our homes, do our laundry, harvest the food for our meals, and keep our pools and yards clean and our streets looking beautiful. Sometimes they are women without marketable skills who are widowed or divorced or they're skilled workers who have become disabled or owners of unsuccessful businesses or people who have lost their ]obs. Worse than their lack of access to the finer things of life is their inability to provide for all their basic needs, including necessary health care. There is no doubt the problem is real and it is serious. And without setting and implementing the right strategy, the cost in dollars and human suffering of indigent health care will most likely continue to escalate. We believe that rather than continuing to deliver fragmented medical care that an integrated health care delivery system is needed to successfully improve the health of the less fortunate in Collier County. The entire community should benefit from this, whether you're taxpayers, whether you're insured yourself, whether you're the working poor, or whether you're a hospital or a physician or a part of the business community. But resources are limited, so the costs should be equitably distributed to the entire community. Page 54 October 24, 2000 The old Fram oil commercial -- you remember the old Fram oil commercial. It says, "Pay me now or pay me later." It clearly applies to health care. Funding care on the front side of the problem will eliminate much of the cost to our current haphazard system for treatable and even preventable disease is paid on the back side. The number of people in Collier County without access to the health care is very real and should be unacceptable. The majority of these individuals -- very important to know -- is that the majority of these individuals are working, many at more than one ]ob. They're trying to make it for themselves and for their family. And they only want the access to health care that we define at the front end, which is to get it timely and to get the kind of care that's going to give you the best health outcome. Other communities have proven that it is possible to create a win-win situation. The public-private partnership to better care at less cost. In closing, I want to thank the Board for appointing this committee. And I think the community owes you a debt of thanks as well because you have now allowed for this significant, serious problem to be elevated, to be discussed, and to be -- hopefully, for solutions to be sought. And we are pleased that we had the opportunity to begin this program and we eagerly await the future findings of the new committee. And as I say on the final slide, I think that together we can find community-wide solutions to this community-wide problem. Thank you. CHAIRMAN CARTER: Tom, on behalf of this Board, I certainly want to thank you and your committee for the tremendous amount of time, energy and effort that you have put into this. You are to be commended for the thorough analysis that you have done. And also, personally, that now that you're stepping to the new committee as the chairperson and that group has been put together, we are very fortunate in this County to have such a dedicated group of volunteers from all walks of life serving us to get at this very critical issue. COMMISSIONER MAC'KIE: Yeah. I just wanted to add, too, we're -- to have such dedicated and talented and -- people who are willing to work on this issue. Because the Show Me state Page 55 October 24, 2000 has got nothing on Collier County. But what you guys have done here is show -- you have shown what the problems really are and you have made it exactly what I hoped you would do. That is, nobody can argue with it. These are facts. This is reality in Collier County of 30,000 uninsured residents, citizens, property owners and voters. And you've put it right out there just exactly like we hoped you would. And we really sincerely thank you for that. MR. SCHNEIDER: You are welcome. And, again, I thank the full committee who are a very dedicated group of people. And we have identified the problem and now the real issue comes of how do we find a solution. We'll be looking for you. We encourage you to -- CHAIRMAN CARTER: Commissioner Berry? COMMISSIONER BERRY: I have one other comment. Again, very complimentary of the work that you have done. I think, too, with Doctor Colfer's help don't sell yourself short. You may have arrived at something that's happening in Collier County right now with the public-private partnership with the OB/GYN physicians. You may well have a model right here at our -- in our midst and something that may be able to be duplicated with other physicians, as well. I don't know all the ins and outs of it. You all probably know that a lot better than I do, but perhaps that is something that we can look at with other physician groups and see if there is something else that may happen. And we may have it right here. So I'm just very complimentary of everything that you've done. MR. SCHNEIDER: I would say that -- I've been led to believe that the Foundation is probably the best public-private partnership we've had in Collier County. We're aware of that. CHAIRMAN CARTER: Commissioner Brandt? COMMISSIONER BRANDT: I wanted to do a, "Me, too." And much of it has already been said. But I think one of the greatest values that we have here in Collier County is dedicated people who are willing to spend their personal time to do these important needs of this County. And I'm very pleased that people like yourself and others step forward to do that. Without your help, the Commissioners couldn't sit up here and do the things that you do. Thank you very much. Page 56 October 24, 2000 MR. SCHNEIDER: Thank you. CHAIRMAN CARTER: I entertain a motion that the Board of County commissioners accept and approve the final report of the Collier County Health Care Committee. COMMISSIONER MAC'KIE: So move. COMMISSIONER BRANDT: Second. CHAIRMAN CARTER: All in favor signify by saying aye. Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries. Again, Tom, thanks for a great job. I believe what we do out of this -- because we have another issue moving right behind this one. It's called Children and Families. That's coming down from the State and as they dismantle that organization and move it down to the States -- or down to the Counties. That we may establish a model here that we can carry over and use in the -- in that situation. So, ladies and gentlemen, we are ahead of the curve, I believe, in this issue. Item #8D2 CONSTRUCTION OF PARKING GARAGE AT THE VANDERBILT BEACH PARK FACILITY - APPROVED AS AMENDED We are going to move on to the next item, which will be 8(D)(2). And before we do that, I would like to personally -- to say hello to my granddaughter who is 16 months out there, Serena Lynn, who watches the Commission meetings. She hears my voice. Here is a high-five from Papa. Don't drive grandma crazy today. As you know, sweetheart, I do not live in the television set. She goes up and pats it and kisses it when I'm on television. So I just wanted to welcome her to the program and let you know that she is probably going to be the most knowledgeable person in Collier County about what goes on. COMMISSIONER BERRY: Oh, there will be several. I have four granddaughters, but not all that old. But they wanted to know how I got inside the television set. Page 57 October 24, 2000 CHAIRMAN CARTER: Well, see, we have to unravel that mystery for them. All right. Moving on. Let us go to that -- MR. OLLIFF: Mr. Chairman, before Maria gets started. Just for the benefit of the audience that's here, you may -- if you're going to consider taking a lunch break, there are ten registered speakers for this particular item, which means that, I think, it would take us clearly into what would normally be your lunch break. And if this is going to be the last item prior to lunch, you may want to make that announcement to let everybody who has got items after lunch to come back after. CHAIRMAN CARTER: Thank you very much, Tom. This will, based on what you're telling me, be our last item before lunch. We'll take about 60 minutes for lunch and then we will resume. So if you are here for other business, this will be the last item for the morning. Ms. Ramsey? MS. RAMSEY.' Good morning. For the record, I'm Maria Ramsey, your Parks and Recreation Director. In February of 1999 staff presented for your review a beach access and boat ramp report. In that report staff outlined eight traditional and non-traditional opportunities to expand beach access facilities. Staff has spent the last 18 months addressing various projects concerning beach access. One of those opportunities, a parking garage at Vanderbilt Beach access is before you today. I would like to take a minute to share with you the other projects that staff is currently doing regarding beach access to give you the scope of what staff is proposing. We are currently constructing an 80-space beach parking lot at County Park to accommodate the overflow parking from Delanor Wiggins State Park. This project will be completed in December of this year. Also, signature communities will be making sidewalk and bike path improvements to the Blue Bill Avenue bridge to improve the safety of walkers and bikers. The County is also in communication with the staff of Delanor Wiggins State Park to make turnaround improvements to the entrance of the park and negotiating a public beach access along the park's south Page 58 October 24, 2000 boundary line. Staff has made an arrangement with WCI to expand the parking lot at Seagate beach access. We are currently researching three acres along Vanderbilt Drive across from Cocahatchee River Park for bus shuttle or ferry service parking. We've been working with private agencies to provide ferry service from the Cocahatchee area to a Boardwalk/dock at Barefoot Beach Preserve. We are -- we know that education of the public is our main concern and staff has developed a number of new brochures, as you can see on the visualizer, showing where the beach locations are. We've placed park rangers at parking lot entrances and are researching electronic signage to be placed at intersections like Vanderbilt Beach Road and U.S. 41 that will indicate when the parking facilities are full. Future opportunities include expanding Barefoot Beach Preserve parking, making improvements to the six Gulf Shore Drive public beach accesses and busing options. I mention the above projects to emphasize that your staff and the parks and recreation advisory board are actively ensuring that the public has access to the beaches and public water bodies in Collier County. Vanderbilt Beach is our second most popular beach location and provides access to 3.7 miles of beach. The beachfront at this access is about 51,000 square feet. Using the national recreation and park guidelines, this beach area will accommodate 1,020 beach users, assuming everyone uses the beach by putting down a towel or chair. In addition, people will comfortably walk up to one-quarter mile from the access point when coming to a beach location. Historically, the parking lot at Vanderbilt Beach access is full from 10:00 a.m. until 2:00 p.m. daily during season. When the parking lot fills, we get an increase in circulating traffic looking for an available parking space in the immediate area. Staff is recommending building a parking garage on the existing parking lot at Vanderbilt Beach access based on customer complaints about the lack of parking and traffic congestion. The proposed parking garage will expand available parking by 275 for a total of 400 spaces. The two-tiered parking garage will be designed similar to the existing employee parking Page 59 October 24, 2000 garage at the Ritz-Carlton down the street. The beach area can accommodate the additional people and the traffic will significantly improve as vehicles are able to safely and easily enter designated parking places. The area homeowners associations have expressed concern over the increased traffic along Vanderbilt Beach Road generated by the parking garage. Transportation planners and engineers consulted by parks and recreation have advised this: That the attraction to the Vanderbilt area is the beach, not the parking spaces. Two, that the parking garage will capture more cars from the roadway; thus, reducing the circulating traffic in the area. Three, that the parking garage will accommodate more people on the beach at peak times and shorten the period of time that the parking facilities are full. And, four, that visitors unfamiliar with the area will choose the beach as a destination without the knowledge of the degree of parking available. Although, residents with a knowledge of the additional parking spaces may decide to visit the location in hopes of finding a space. Staff recommends that the Board take the following actions: Find that pursuant to Section 125-0104, Florida Statutes, the proposed Vanderbilt Beach parking garage is a beach park facility. Two, finding that the primary use of the garage will be beach parking for tourists and residents. Three, approve the construction of the Vanderbilt beach parking garage. Four, approve the use of the tourist development funds for the project. And, five, authorize the chairman to sign the appropriate budget amendment. And now I'm open for questions. CHAIRMAN CARTER: Commissioner Mac'Kie? COMMISSIONER MAC'KIE: I just want to find out what was the source of some of the information that I heard. You told us. I just didn't catch it. I understood you to say that some sources has indicated that we will be improving a traffic problem. We will be lessening a traffic problem in the area by organizing the traffic and moving it somewhere specific during -- by construction of the parking facility. MS. RAMSEY: The parks and recreation staff consulted transportation planners and engineers and asked them about the Page 60 October 24, 2000 traffic patterns in the area and that was the results that we received. I know if you want more information on that specific area, I believe Chuck Perry is in the audience that could address that in more detail than me. COMMISSIONER MAC'KIE: Is he one of the ones with whom you consulted? MS. RAMSEY: That's correct. COMMISSIONER MAC'KIE: Okay. We'll wait until he comes up, if he does. But that's important. CHAIRMAN CARTER: Commissioner Brandt? COMMISSIONER BRANDT: I would like to ask a question with regard to the capacity that takes you up to 400 vehicles and how long you think that that would be adequate for the needs. And I recognize you're talking about a little over 1,000 people that would have access to that part of the beach or -- before it got too crowded. And I don't think we want it to look like some of those beaches up north, but I don't know how the demand will continue. And it would seem to me as Collier County continues to grow that demand will get to be greater and greater and greater. And in talking about putting two stories in, how long do you think that will be adequate? MS. RAMSEY: I don't have anything specific on that. But from talking to the various planners, they figure that even during -- once we've got the 400 parking spaces up there, that we probably will still fill during peak times during season with 400 parking spaces. COMMISSIONER BRANDT: That would be my guess. And the demand will get to be greater and greater. So if you put 400 spaces in, I suspect it won't be long before you have a similar problem with people trying to find a place to park because the beach is an attraction and people gravitate to it, whether they're a member of the community and a taxpayer of the community or a tourist that comes down. There are a lot of places during the season that rent out on a monthly basis or a quarterly basis, whatever, and those individuals will be wanting to get to the beach in some way if their condo or whatever they are renting doesn't happen to be on the beach. I -- my concern is that 400 is probably going to be a drop in the bucket. And how do you address the problem beyond Page 61 October 24, 2000 that? MS. RAMSEY: Currently what we can do is we can build the parking garage to support additional floors at a later date, if you so wish. CHAIRMAN CARTER: Well, wouldn't the same problem exist on Marco City, Commissioner; that you don't build for peak, you build for an average in these areas? And that -- COMMISSIONER BRANDT: I think the average will get to be greater and greater. That's my point. CHAIRMAN CARTER: My questions are -- this went through a number of committees. Could you fill us in on the feeling of the beach committee, feeling of the TDC in terms of this project? MS. RAMSEY: Yes. It went through a number of -- starting in April of 2000, we started with the TDC. It was tabled for six months. We've gone to the parks and recreation advisory board. We've held community meetings and we've also been to the beach renourishment and pass maintenance. The parks and recreation advisory board is supportive of the parking garage and has suggested that we go after the funding, being the TDC source. When we went to the beach committee, they voted the first time as a 3-3 tie, the second time as a 7-0. And that was in regards to funding source through TDC. When we took it to TDC -- COMMISSIONER MAC'KIE: They voted against it? MS. RAMSEY: Correct. COMMISSIONER BERRY: Voted against? MS. RAMSEY: Correct. When we went to TDC, it was a 4-2 against. Again, against using TDC funds to be the funding source for the parking garage. COMMISSIONER MAC'KIE: Why; did they say why? Are they concerned with the legalities or did they think it was just a bad idea? Were you there? MS. RAMSEY: My recollection of it is that it was 3.8 million from the reserves and they thought it was a large sum and they wanted to put more sand on the beach. That would be my summation. But there's probably a TDC representative that could give you a better answer on that. COMMISSIONER MAC'KIE: Could this -- if I may, Mr. Chairman. Could this -- could the expenditure of this money affect our ability to put sand on the beach or do we have Page 62 October 24, 2000 adequate reserves even if we expend this money? CHAIRMAN CARTER: I would like an answer to that. MR. OLLIFF: Well, I will tell you from my perspective that, no, it does not affect your ability to put sand on the beach. I think that -- if nothing else, you can remember the original beach project was done by borrowing against future TDC revenues. And in a worst case, even if you had zero revenues today and you needed to renourish the beach, you could go through the same process that you did initially. But I also believe that you have a fairly substantial reserve in addition to the 3.8 million that we're talking about for this project. MS. RAMSEY: The reserves as I have them in the executive summary show about $5.6 million in the reserves after the 3.8 for the parking garage. CHAIRMAN CARTER: Okay. If we can -- one more question and then we'll go to speakers. COMMISSIONER BRANDT: Just one more question with regard to satisfying a need. As we continue to grow and the need for our taxpayers to have access to the beach -- I'm not talking about people who come down here for a week or a month and want access to the beach. But the people who are here basically year-round or those that are here for six months, go back up north for six months, but basically a resident of Marco -- of Marco Island and the County, how do we satisfy that need? Don't we -- it is my view that this Commission has a responsibility to satisfy that need. And surely that's part of the reason you were asked to undertake the studies that were done. But I'm more concerned about the long term. I think the average demand will go up with time. And I'm concerned about how we're going to satisfy that. MR. OLLIFF: Well, in response, I think part of what Maria's presentation was was a number of the other things that we are working on. And I think this is going to be one of those processes where initially the Board's efforts were at maximizing the current beach parking spaces that we have. And we've tried to expand the parking at Barefoot Beach as much as the State will allow us. We are looking at all of our other facilities to try to expand that parking. But, obviously, we're coming to a point where you're going to have to start looking at more creative ways to get the public Page 63 October 24, 2000 to the beach. And I think that requires looking at opportunities as they arise and looking at them in the community where they exist. And some of that is going to be whether we're boating public to some of our park locations, whether we're providing mass transit type opportunities, where we are providing off-site parking lots. And that's our continuing effort at this point. And I think you will continue to see the staff look for ways to get public access to the beach as an ongoing effort because the Board has told us historically that is a priority for this Commission. COMMISSIONER BRANDT: Okay. Super. I'm glad to hear that. CHAIRMAN CARTER: Commissioner Berry? COMMISSIONER BERRY: Isn't there something in the growth management plan about beach access? MS. RAMSEY: Yes, there is. It is not about beach access specifically -- well, there is. It is generic. It's Objective 1.3, which basically states that one of the goals is to maintain and use to the fullest the facilities for beach access and body waters within Collier County. COMMISSIONER BERRY: And the Board of County Commissioners has the obligation, do they not, to provide beach access? COMMISSIONER MAC'KIE: If I could just jump in there, Commissioner. COMMISSIONER BERRY: That's all right. You may know better. COMMISSIONER MAC'KIE: One of the things that I've wanted the Board to do, but it wouldn't in the past, is to adopt a level of service for beach access. Even if what we adopted was our current level of service, we're not going to let it get worse than it is. Then as we grow, we would have to add with parking facilities and access points as they -- as we grow. What the prior Board said was, "We're not going to give the State a stick to beat us with." And so they would not add that to the growth management plan. I plan to bring it up again with the new Board because we need to have some measurable standards. COMMISSIONER BERRY: Well, it was my under -- it was my understanding that we had an obligation to provide beach Page 64 October 24, 2000 access. COMMISSIONER MAC'KIE: Only a moral one. COMMISSIONER BERRY: And that, you know, it included not only people who live in the State of Florida, but it also -- I mean, the beaches, it's my understanding belong to, quote, the people. And I don't think that it's just for the State of Florida. I think it's for -- when it says the people, it is the people. COMMISSIONER BRANDT: Right. COMMISSIONER BERRY: And so if we have an opportunity-- I looked at this as probably the first step in many that the Board of County Commissioners is going to be taking in terms of providing, quote, beach access. That may not be good news to a lot of people, but I think it's a reality that this may be the first parking garage and there well may be several more following. And I also would like to encourage you, Maria, that whenever you have an opportunity to grab ahold of a piece of land -- i.e., up by Cocahatchee -- that we try to do that. Because I think that also would be beneficial for the residents in Vanderbilt Beach, as well as other people in Collier County and others who want to access beaches. But I think it's -- we have these opportunities, we need to lump on them. CHAIRMAN CARTER: Can we go -- we've got how many speakers? MR. OLLIFF: You've got an hour's worth. CHAIRMAN CARTER: We've got an hour's worth of speakers coming in. Can we go there, please? Can we get them on deck? MR. OLLIFF: I will call them two at a time. And if the next speaker would come up and be prepared to speak after the speaker in front of them. The first speaker is Dick Lydon, followed by John McGuire. COMMISSIONER MAC'KIE: And we presume that everybody is going to take every second of their five minutes. They might, they might not. MR. OLLIFF: They are not obligated to. COMMISSIONER MAC'KIE: That happens. COMMISSIONER BERRY: Power of suggestion. COMMISSIONER MAC'KIE: I'm trying. CHAIRMAN CARTER: I think Dick Lydon is going to take his. Go ahead. Page 65 October 24, 2000 MR. LYDON: My name is Dick Lydon. I'm here today as the president of the Yanderbilt Beach Property Owners Association and as a member of the Board of Directors of the Estuary Conservancy Association to ask you to vote no on this particular project, which has been turned down by both your beach committee and your TDC. I would like to take credit for the fact that there are not 50 people standing up here waiting to talk today. We have tried to discourage that. Ten, we felt, would be in order. And we did quell that rumor about that parking garage over on Tiger Tail, so we don't have a whole bunch of folks from Marco here today, as well. This no request is consistent with the advice of the members of your advisory boards. The City of Naples has also been a party to those advisory boards. They have all turned it down. Did you err in appointing those people or have they not met their responsibility in doing the work that you've asked them to do? I've attended six public meetings. And as we determined a few minutes ago, the only one that approved -- the only body that approved this was parks and recreation. And that's a no-brainer. They're not using their money. But TDC turned it down 4-2. The beach committee, 3-3, tie, and the 7-2. And that was not because of the not wanting to use TDC money. That was because they thought it was a bad idea. Parks and recreation has put forth a bunch of additional beach parking proposals, but only one of them have asked for funding. And that is Vanderbilt Beach to a tune of $:3.8 million. That represents about half of the money that is collected each year for Category 'A" activity. Category "A' was originally designed for beaches and passes. And it has now been expanded to include a multitude. We at one point in time were referring that to the addition -- referring to that as the additional faucets on the cow. Whatever happened to that plan that we built up and that I worked so hard on at the beach committee to build a $10 million reserve to cover a catastrophe of beach renourishment needs? That has sort of gone by the board. I hear a number today I've never heard before. 5.6 after this 3.8 is out? Last one I heard was four before they took it out. But there Page 66 October 24, 2000 is a little problem in the beach committee now, I understand, of getting budgets put together. But the $10 million would only fund about half of what it would cost to do our beaches and our passes where we would have a catastrophe. Half of that we're told -- the staff said, "Well, we can bond." Why is it that government loves bonding and individual businesses hate it? I never did quite understand that. The 275 -- and that's up from the last time we talked, Maria -- will greatly add to the traffic on Vanderbilt Beach and Gulf Shore Drive. That will put another 550 cars up and down that road every day because there is a turnover -- one turnover. Lely Barefoot Beach has two great claims to fame. It's the most underutilized beach in this whole County. And it has another claim to fame. It has the only shed that's been in a legal battle for ten years at the entrance. We don't understand why one of the concessionaires asked for the privilege of going there and putting up a shop and was told, "No, no. We don't want to promote that beach." Lots of beach, lots of parking availability. It looks like a no-brainer. And I'm running out of time and I would not want to go over. But I would like to leave you with these three options. Use the $3.8 million to do a long-range study and find out what we can do -- as Mr. Brandt has indicated, what we can really do future-wise, instead of using these Band-Aids that we're talking about now. Or, secondly, if you must build a garage, build it at Clam Pass or at Lely Barefoot Beach, areas that will be far less impacted than Vanderbilt. Or -- and spend some time telling people that Clam Pass is not private and that there is a Lely Barefoot. Thank you very much. COMMISSIONER MAC'KIE: That Clam Pass is not private? Dick, is there some idea out there that people think that Clam Pass is private? That's the first I've heard of that. MR. LYDON: Oh, yeah. Absolutely. Because the way you get into it and that sort of thing. As a matter of fact, one of your fellow Commissioners admitted to me the other day that she thought that that was -- COMMISSIONER BERRY: That's me. MR. LYDON: -- a private beach until she was over there for the dedication. We're not doing a good job of telling people where the beaches are. Page 67 October 24, 2000 COMMISSIONER MAC'KIE'- Well, we do need to do better then if there's any question about that. COMMISSIONER BERRY: I mean, first off, I have to admit, I'm not a beach-goer. I mean, look at it, I would fry like a hamburger out there. And, number two, I -- for a long time I honestly thought that the boardwalk down by the Registry Resort belonged to the Registry Resort. And it doesn't. And that's fine. And I'm surely well aware of that now because I went down there for the new dedication of the boardwalk and I'm very well aware that it is a public beach. But up until that time -- well, before that -- since I have been on the Commission I have been aware that it is a public beach. But it was a long time. What he said is true. I did think that. COMMISSIONER MAC'KIE: We need to work on that. MR. OLLIFF: Next speaker is John McGuire. Following Mr. McGuire will be William Boggess. MR. MCGUIRE: Good morning, Commissioners. For the record, my name is John McGuire. I live in Beachwalk along Vanderbilt Beach Road. First of all, I would like to say that I do believe everybody should have access to the beach. I have a daughter living in Golden Gate. I think she should. But I don't believe this garage should be built. And the reason is that that beach is really crowded during season right now. And you're talking about spaces for 1,100 people. But recently the Regatta was built and the Regatta -- us in the neighborhood thought it was a condominium, but we find out they have 100 units that they are renting weekly. And who rents condominiums along the beach, you know, near the beach weekly? It is beach people. And so if you have about 400 or 500 more people this year, this will be the first year for them going to the beach. You're really, really going to have a crowded beach. I don't think that you can support it. I think you're going to have more problems with the garage than without it. And I, like Dick, feel that Barefoot Beach -- I've been out there and there is a lot of beach -- two miles of nice beach -- and it's not utilized. And as far as Wiggins Pass is concerned, I was at a meeting about three years ago and the State said they had room for 500 Page 68 October 24, 2000 more walk-in people. Now, with your 65 or so parking spaces you're probably going to put 200 people in there. You can probably bus or tram or somewhat and get 300 more people into Wiggins Pass. I think there is other areas that should be looked at before this thing is approved. So that's my speech. Thank you. CHAIRMAN CARTER: Thank you. The next speaker? MR. OLLIFF: The next speaker will be Mr. Boggess. Following Mr. Boggess is going to be Daniel Byers. MR. BOGGESS: Good morning. For the record, Bill Boggess, City of Naples. And I might add currently on the beach committee -- City/County beach committee for my second stint. I am here to speak only to the funding of the proposed garage. The neighborhood, as you're hearing, should speak to the acceptability. In listening to Maria speak about the need of this, it runs to mind that this County Commission Board and the previous ones have continuously failed and have given away all beach access to developers. You don't have the guts to go back and demand and/or condemn additional right-of-way down on Marco, Pelican Bay or other places, rather you want to build an illegal parking garage. It's interesting today to note that this has up until today been called the Vanderbilt Beach parking garage, but I just learned this morning after 9:00 that the reason why you are now referring to it as a parking garage at the Vanderbilt Beach park facility is to run a con game of words. That you have legal advice that park facilities are eligible for TDC funds. Parking garages are not eligible for TDC funds. In addition, the statute which she referred to, 125.0104, stipulates that it is your Collier County tourist development council who determines the eligibility. It is not the County Commissioners. It is the tourist development council that is to determine that. And if they determine -- and they have voted against this, as you know. And if they determine that it is questionable, then it is their obligation, as the statute says, to then refer it to the County governing board, which is you, and the Department of Revenue. I have been in touch with the Department of Revenue, some four different members, and they say -- the legal counsel in Page 69 October 24, 2000 Tallahassee says, "This law is very clear. There should be no problems. But if there is, then send it to us. We will make a determination." Probably the reason the legislators made this law such that the TDC would determine eligibility was that they knew politicians like to gain favors by doing things such as you're doing now and such as the passes and other items. Some $11 million you've spent that are not expressly authorized according to the requirements of the statute. So with that, I'll leave you be. And I know you will go ahead and probably find the legal loophole to put this through, but we are looking for an attorney that is willing to take you on with regards to the tourist tax issue. Thank you. MR. OLLIFF: Following Mr. Byers, will be William Kerrigan. MR. BYERS: Good morning. For the record, my name is Daniel Byers. I'm the owner and operator of the concession at Vanderbilt Beach County Park. I have worked on that beach for about two and a half years averaging 60 hours a week. I can assure you that the problem with parking there is not isolated to weekends, to holidays, whatnot. It's in the middle of September. It's in the middle of the week. It's at 10:00, 11:00 in the morning. There are literally people, tourists getting into fist fights at that beach for places to park. And as far as the obligation of the County to provide parking, as far as traffic, people go down to Vanderbilt Beach Road to park. If there's nowhere to park, they go down Gulf Shore. If there's nowhere to park, they come back d~wn Gulf Shore. And they go back and forth for the entire day. So they did some traffic studies in the park during the last major holiday. There were over 900 people that came through that parking lot that could not park, that traveled around and around. Some had their cars towed at Daruma's. Some had their cars towed at Circle-K. Some parked at the Sea Witch and got letters on their cars. It's truly out of control. The perception that the tourists and the local residents are getting is that the County will not address the issue of parking. We encourage them to come into our town to buy homes, to bring their families, to go to what? Not to go down to Fifth Avenue, not to go to Third Street, but to go to our beaches. And there is no Page 70 October 24, 2000 parking for these people. As far as the Barefoot Beach project, Maria and Myrtle are working on RFPs to put a concession there and try to bring more people to that beach. But that is down the road. The issue -- this parking garage was needed -- was needed three to five years ago. And, I mean, I met with people on the beach this morning that say -- most people that promote the beach and want the parking garage aren't going to come here and voice their opinion. I think that's just human nature. So I want to be able to go back to them and say, "First of all, there is a problem. The Board's identified it. They have an action plan. There's going to be a parking garage. And the heat is off. And they are ready to go forward with that." And that's all I have to say. COMMISSIONER BERRY: Is yours a yes or a no? MR. BYERS: What's that? COMMISSIONER BERRY: Is yours a yes or a no? MR. BYERS: Oh, mine personally? COMMISSIONER BERRY: Uh-huh. MR. BYERS: Well, being a concessionaire, of course, it's going to be, yes, it should be done. But I am there 60 or so hours a week. I get questions continuously throughout the day, "Why are they not addressing the issue? Where do we park? What do we do?" What do I tell them? 125 parking spaces for that beach is not enough. It is an access point to 3.7 miles of beach. As much as Pelican Bay wants to believe it, that's public beach. We all have the right to walk down that whole stretch of beach to Clam Pass and enjoy ourselves. That is an access point. Those people -- those 900 people in the new parking garage are not all going to sit right in front. I guarantee you. There are going to be residents that want to come down at 2:00 in the afternoon, park their cars, and take a walk and come back and get in their cars and leave. That's all I have. Thank you. MR. OLLIFF: Next speaker is William Kerrigan followed by Carol Wright. MR. KERRIGAN: Good morning. My name is William Kerrigan. I live in Poinciana Village. And I am here to speak in Page 71 October 24, 2000 favor of the parking garage. I would like to make two points. It sounds to me a little bit strange that we can spend tourist tax dollars to renourish a beach, but we can't spend tourist tax dollars to provide parking places so we can use the beach. I mean, we can find all of the technicalities to argue about this, but this is there. Point number two, I work on the beach inside the City of Naples. And there is a body of opinion in the City of Naples that has always said Collier County has not done enough to provide beach access. Some of these people actually gain elected office. They say Collier County residents are degrading and intrusive when they come into the City of Naples. Now, with Fred Sullivan, vice mayor. COMMISSIONER MAC'KIE: He said it. MR. KERRIGAN: Do we want to play into these people's hands that would like to say they're not doing enough, we're shouldering all of the burden? Imagine what would happen if we don't have that access there. I mean, most of Collier County goes to -- a lot go to Marco, but most of them go to the City of Naples to go to the beach. I mean, they can make the same arguments that are being made here. "Oh, the beach is too crowded," blah, blah, blah. I mean, do we want to lose it? You know, I think we would be playing in those hands. So I urge you to do the right thing. Vote for more beach access, whether it's parking garages, whether it's some kind of condemnation, whatever. But do the right thing. Support the garage. Bye. MR. OI. LIFF: Carol Wright will be followed by Chuck McMahon. MS. WRIGHT: Good morning. My name is Carol Wright. And I'm president of the Vanderbilt Beach and Bay Association. I'm also a resident. I live on Gulf Shore Drive. Gulf Shore Drive is one mile long. And on the north end of us is the Wiggins State Park, which generates a lot of traffic. On the south end of us is the public beach, which generates a lot of traffic and congestion and confusion. There will be 80 spaces east of the State park, as Ms. Ramsey had said. I'm all for getting people to the beach. But with the growth in Naples, the need for beach parking is so Page 72 October 24, 2000 essential and it's only going to become worse. However, I do feel that our area has done and is doing their fair share of all of this beach parking. I would like to see other areas sharing in this. I think we really need to consider some off-site parking where we use shuttles or trolleys. Instead of adding to the traffic problems, let's use the trolleys and eliminate the traffic. A study has shown that the garage is going to fill one hour later than what the lot fills now. In other words, 10.'00 it fills right now at 11:00 that garage is going to fill. And you want to spend $3.8 million for one hour of benefit? I think it is too much money. This issue has been before the TDC and the beach renourishment advisory. I spoke at that beach advisory meeting. And I do help -- I think I helped get the vote 7-2, as Mr. Lydon has mentioned. I don't believe that the issue was where the money was coming from. It was because they knew it shouldn't be there. When somebody tells me that the parking garage will not generate traffic, I do not believe this. Once that 400 space parking garage is made public, you're going to have 800 cars going there. I would like to ask you to vote no today on the parking garage. Thank you. MR. OLLIFF: Following Mr. McMahon will be Al Newman. MR. MCMAHON: How are you doing? My name is Chuck McMahon. I'm an American. I live in Golden Gate and I am a citizen of Collier County and a taxpayer. I'm glad she mentioned shuttle. Because you know what, I have a family. I have a two-year-old and I have a 16-year-old and kids in between. And if I've got to take a shuttle from Sam's parking lot down to the beach and have a lightening storm come in and I have to take my children to safety, where do I go? So, you know, I think a parking garage is very important. That we be able to park somewhere within a safe distance of the beaches. I was on the parks and recreation advisory board at the time that this came in and I was -- voted for it at that point in time and also asked for studies to be done on the transportation -- from the transportation on the traffic. All that has been done and it looks good. Page 73 October 24, 2000 I've been to this park before and looked for a place to park. And I have rode around in circles and left, went home discouraged because I didn't get to go to the beach. And so I don't understand. A parking garage -- we've already got a parking garage there. Too bad it belongs to the Ritz. Maybe they will let us park in their parking garage. I doubt it. So what is one more? Is it unGodly? No, it's not. It's a very attractive parking garage. So is the parking garage in the City of Naples for shopping. So is the parking garage at the hospital. Parking garages are a thing of the future. And we are looking at growth that we need future things as parking garages. I don't think that the Vanderbilt residents would appreciate me parking in their driveways because that's all the other places to park are. And if we got to -- if we're not going to put shuttles from Sam's parking lot or somewhere else, should we put them out in Golden Gate? Jeez, we've got lots of room out there for parking garages. It's a shame that everybody feels that the -- that the beaches are up there and a lot of people have the sense that just because they live in that area that those are their beaches. Well, let me tell you something. They are our beaches. They belong to the citizens of Collier County. Everybody that lives here. And there is a lot of residents that go there and there's a lot of tourists that go there. The tourist industry is booming and everybody is coming here to be in Florida and to enjoy Naples' beaches. I don't want to lose our tourists to that and to the fact that they can't park. The tourists are very important. It's an industry that's growing in Collier County and we don't want to chase it away. I vote yes and I hope that you guys vote yes for a parking garage. And not only just a parking garage, but more -- as it was recommended from Maria to look for more land because land is going to go sky high. And if we don't start getting it now, we're not going to have room later on for more. And it's just going to be terrible. So for the safety of us and the safety our tourists, I think that we need a parking garage so we don't have to ride shuttles and take the chance of -- if the shuttle doesn't come and now I've got to hurry up and get back to my car. Jeez, am I going to cross 41, a busy traffic highway, with children, dragging chairs and Page 74 October 24, 2000 coolers and my beach towel and my big alligator float? No. I think -- I don't want to have to carry all of that stuff more than a quarter of a mile. I think it's important. I think it is important that we really talk and look at this here very strongly. With that, thanks. And I hope you do the right thing. MR. OLLIFF: Al Newman will be followed by Sally Masters. MR. NEWMAN: Good morning, Commissioners. Al Newman, president of Naples Park Area Association speaking for the Association. We had a meeting the other night and we brought this parking garage up. And, of course, being Naples Park, we are right close by the beach. But there is many times that I have drove down to the park at Vanderbilt Beach Drive and I couldn't find a parking place. Lo and behold, I live there. I live nine-tenths of a mile. So I went back home and I walked down. But if you put a 400 parking space up there, you're going to have 400 more parked cars and 800 more cars looking for another parking place. Build it and they will come. It's happened. We had five beach accesses on Gulf Shore Drive. What do we do? We build condos and close those access drives off. We don't have those access drives -- beach access anymore. True, we have people that live ten miles away from the beach who would love to come down and find a parking space. If they get down there after 10:00 in the morning in the season, they're not going to find a parking space. You come down to our beaches in July, you will find a parking space all over the place with just 125 spaces. It works -- it works wonderful. You can always find a parking space in the summertime. But those three months out of the year, I -- don't justify spending $3.8 million. Thank you. MR. OLLIFF: Following Sally Masters will be -- your last speaker will be B.J. Savard-Boyer. MS. MASTERS: My name is Sally Masters. I'm a concerned resident of the beach. I've heard everybody agree that we need parking at the beach. There's no question about it. But this is a funnel effect where you're talking about here at Vanderbilt beach. It's becoming a huge funnel not only of traffic from outside, but of Page 75 October 24, 2000 people who live there. The big Regatta project has gone up right there. You're going to have all those people pouring in. What is happening at that corner? Do we know what's happening at the Daruma? There's a lot of vacant land there. There's been talk about developing that whole -- it is the northwest corner -- or northeast corner of the beach. Are we going to put in 400, 500, 600 more units there? It could be a hotel. We don't know what's going to happen at that corner. So all I'm asking you today is don't do this now. I think we need to look at that whole area. You were talking earlier about interlocking or interfacing or interconnection or whatever the word was that Commissioner Mac'Kie used. You've got to look at the whole thing there. It is a big funnel at this point. So please don't do it today. You've got to study that whole area before you take this issue on. I thank you. MS. SAVARD-BOYER: Good morning. My name is B.J. Savard-Boyer. And everyone has taken all of my notes. They've already said what I had to say. However, there are a couple of points that I would like to make. Being a homeowner in the Vanderbilt area, I really believe the beach belongs to everyone. But I also want to say that those of us who live there are not trying to keep the beach to ourselves. We are trying to be able to get to our homes, like everyone is trying to be able to get to the beach. You heard Danny talk about people driving up and down Gulf Shore. You heard Ms. Wright talk about where she lives and the people driving around. All of these cars and the funneling into that area has created gridlock. You can't appreciate it, unless you live there. Perhaps a garage or a parking lot or something without going all the out to Sam's, perhaps something closer to the beach. I understand the plight of the man from Golden Gate. I feel sorry for him. I grew up with beaches in Jersey and I know how very important it is for families to go and enjoy the weekends. But our weekends are going to be full with people coming and going in and out of the new condominium there that has not Page 76 October 24, 2000 been opened yet. I mean, it's opened now, but it wasn't open last season. We have no idea how many cars are going to be going in and out of the Regatta with weekly rentals. That added to the beach people, that added to maybe 400 to the garage, I -- I just -- I just think I'll have to park someplace else and live someplace else, but I don't want to. The other thing that Maria stated was that there will be signs at 4t and Vanderbilt Beach Road and also at 111th and 41 saying that the parking lot is full. I don't know that a lot of beach-goers are going to believe that. And what they're going to do is they're going to be cutting through Naples Park. And I heard no one mention the fact that there are going to be cars going down those funnel streets to Vanderbilt Drive. Naples Park does not have sidewalks on the east and west -- going east and west on the numbered streets. There are a lot of children there. There are a lot of bicyclists there. There are a lot of cars that are parked on the street because there isn't enough room to park. And especially on weekends when they have company. I think that should be considered. It's a neighborhood. It isn't a through-way. And I am against the garage. I think it should be someplace else and people shuttled to the beach either by boat or by bus or whatever. I know it is an inconvenience, but we've gotten ourselves into this problem. And I think rather than a Band-Aid, we need to fix it someplace else. Thank you. MR. OLLIFF: That's all your registered speakers. CHAIRMAN CARTER: Board members, comments, questions? COMMISSIONER MAC'KIE: Just one comment. I just want to echo what Mr. Kerrigan said and just add to it by saying this is one of those -- well, this is one of those votes where if we don't do what is unpopular in this neighborhood, our grandchildren are going to fuss about us because we should be doing this. It's just like we are fussing, like another speaker said, that in the past commissioners have given away public access to developers. I don't want to -- I don't want to be subject to that particular criticism. There will be plenty that are well-founded criticisms, but that is one that I would like to avoid. And based on that, I'm going to make a motion to approve Page 77 October 24, 2000 the staff recommendation. COMMISSIONER BERRY: I will second it with one comment. Mr. Lydon, I know, had a question on why, I guess, Boards like to bond projects. And I will tell you, Dick, having sat on another big elected Board for ten years, we went through great criticism because we didn't. That we were on a pay-as-you-go basis. And they said, "Why don't you bond the building of some of your schools and let future growth pay for them?" And that was -- that was contrary, Dick, to the way I was brought up, okay? Because I was brought up that you pay as you go. This was a new thing. I couldn't believe it when a group came -- a civic association group came to us and said, "You all need to get wise and start bonding some of these projects." And I believe it is prudent that if we need to bond -- use some of this money and leverage in some way and do some bonding, I think that is -- that is money well spent for public access in this particular case. So I have seconded this motion and let's vote on it. COMMISSIONER MAC'KIE: And I just -- COMMISSIONER BRANDT: I have some comments. COMMISSIONER MAC'KIE: Okay. COMMISSIONER BRANDT: First of all, I have a question. There is a comment that the TDC is the one who determines how the tourist tax funds are to be used. And if I recall correctly -- and somebody please help me with this. That the TDC makes a recommendation to the Commission and the Commission then makes the final decision, not the TDC. MR. OLLIFF: Correct. CHAIRMAN CARTER: Correct. COMMISSIONER BERRY: Correct. COMMISSIONER BRANDT: So I wanted to get that out and make sure I understand it and that the public understands it. Second item I have -- and I have a third one. The second item I have has to do with shuttles and trolleys. And I don't know how many of you have an opportunity to go to the beach and see how many families come to the beach with their chairs, their -- as the gentleman back here from Golden Gate talked about, their chairs, their coolers, their towels. And if you're dragging three or four little kids behind you on a trolley trying to get to a beach, that's quite a chore. And I'm not so sure that Page 78 October 24, 2000 trolleys for that sort of use is an appropriate way to do it. My final item is there are a lot of things that we do here in this County to attract businesses and tourists. One of the things we may need to do if we don't address this beach issue and beach access issue is to say, "Come on down to Collier County, but don't plan on going to the beach because you can't get there." And I don't believe in that approach. And with regard to the garage, it looks to me like you get about 135 cars per floor in this addition that you're doing. And not too long ago -- and maybe this is a stretch and maybe -- but I am going to bring it out anyway. Not too long ago we had a proposal made to us that says you can do a four-laning of Livingston Road or you can do a six-laning of Livingston Road. If you do a six-laning of Livingston Road you impact the area once, you save maybe $15 million or so over time. What would happen if you stop at two floors, instead of four? And, granted, if you build it, they will come. But if we want to keep people from coming to the beach, don't even build a garage. Or, as Commissioner Berry says, look at bonding because you can do things now and others who come will help pay for that in the future. So I'm supportive of the garage. I would just like to see it perhaps with an amendment to the motion that says take a look at not just two floors, but maybe you could add three or four. COMMISSIONER MAC'KIE: As I understand it, it is being -- it is proposed to be built with such a foundation that additional floors could be added. Did I get that right? MS. RAMSEY: That is correct. We can design it such to do that, that's correct. COMMISSIONER BRANDT: And we should do it now. CHAIRMAN CARTER: Is that required as an amendment to the motion or would the motion made be sufficient to cover that? COMMISSIONER MAC'KIE: Does the staff recommendation include the design sufficient for addition of additional floors? MS. RAMSEY: In this particular document it doesn't state that specifically, no. COMMISSIONER BRANDT: It does not -- COMMISSIONER MAC'KIE: I will amend my motion to add Page 79 October 24, 2000 that. COMMISSIONER BERRY: I will second it. CHAIRMAN CARTER: All right. COMMISSIONER MAC'KIE: And just one other little bit that I wanted to mention is just -- that I personally had a conversation with Dwight Brock to find out if he had legal questions with this since we sometimes make decisions and then Dwight won't cut the check. Dwight does not have any legal problems with this and agrees that this is a perfectly legal expenditure of tourist tax funds. COMMISSIONER BRANDT: Just to make sure I understand the motion and the second, it says, if I understand correctly, go ahead with the garage design, set it up so it could be multiple floors, more than the two that you're looking at right now, but it does not say go ahead and do the multiple floors above the two? COMMISSIONER MAC'KIE: That is my motion. COMMISSIONER BRANDT: I guess I would reluctantly support that. Because I think we should go whole hog and not just part way. COMMISSIONER BERRY: Commissioner Brandt, with all due respect, and I understand that, but I think that I'm going to let people who are more expert in the area, other than just an emotional -- from my standpoint, just an emotional feeling, take a look at this. And I would hope that if they deem necessary that they would come back to the Board and say, "We really think that at this time it is wise to go forward." But I think we need to let them take a look at it and look at their numbers and what they have before we make that decision. COMMISSIONER BRANDT: I don't have a problem with that basically, but I am not suggesting this as an emotional reaction to anything. COMMISSIONER BERRY: No, no. I understand that. COMMISSIONER BRANDT: I think it's a practical approach that needs to be taken. But reluctantly I will support it. COMMISSIONER BERRY: But I don't have -- COMMISSIONER BRANDT: But I would like to see it bigger. COMMISSIONER BERRY: I don't have a staff recommendation coming to me saying that they want it -- Page 80 October 24, 2000 COMMISSIONER BRANDT: That's true. COMMISSIONER BERRY: -- three or four floors. If I had that, I would probably -- there would be no question about it. But I think what we're doing is we're opening the door for them to take a look. And if they come back to this Board or a future Board, it's there and they know that they've got the support to at least take a look. COMMISSIONER BRANDT: As long as it is there. COMMISSIONER BERRY: Yes. CHAIRMAN CARTER: You have given, I think, a long-range perspective to the project by what you suggested. Before I call for the vote, I will be the lone ranger here this morning. COMMISSIONER BRANDT: Our attorney has a question for yOU, CHAIRMAN CARTER: Yes. Mr. Weigel. MR. WEIGEL: Thank you, Mr. Chairman. Just so there won't be a question in the future by any interested party, where the motion looks to staff recommendation approving the use of tourist development funds for the project, I would like to see if the Board would clarify if we're talking about the two cents fund and not the additional one cent. Because we've worked with Dwight Brock in regard to that, too, and we think that it will be -- it would probably prevent issues from being raised if we're specific to that extent also. CHAIRMAN CARTER: And you would like that included in the motion? MR. WEIGEL: I would. COMMISSIONER MAC'KIE.' And it is so included. And, in addition, I specifically adopt the fundings that the staff recommended be made in that -- that has to do with the park and the specific findings that they outlined. COMMISSIONER BERRY: Second it. CHAIRMAN CARTER: Okay. MR. WEIGEL: Thank you. CHAIRMAN CARTER: As I said, I'm going to be the lone ranger here this morning. And not because I'm trying to deny people beach access. I believe everybody has a right to access. I believe that we need to deal with this problem. I am not convinced yet that we have seen all the alternatives and that this is the place to build a parking garage. Page 81 October 24, 2000 There are a number of other considerations that are under discussion. And I'm thinking of one in mind where if this same garage was built it would alleviate the pressure in the immediate area of Vanderbilt; whereas, we could still get people to the beach in a timely manner. And that is not at the point where we can have that discussion. So I would have preferred to see an overall master plan of all of our options before making a singular decision on establishing a parking garage in one area. So, therefore, I am not going to support this motion this morning, but I think that you know where this is going to go. But those are my reasons. But just to clarify for the public, I am not against the access. I want to get more access. I just would be more comfortable with the overall master plan, knowing all the pieces, which I think can be presented within six months, rather than rushing this project. So that's where I stand this morning. Therefore, I will call for the motion. COMMISSIONER BRANDT: If I may, just before we do that. One of the things that I get concerned about is long-range planning. And I -- Commissioner Carter, I think you're right on the mark. It needs to be a broader study. However, you have to make a start. And I think this is the start. And we have to put something in the ground, if you will -- no pun intended -- to get it underway. So I will support the motion. CHAIRMAN CARTER: Okay. Therefore, I will call the motion. All in favor signify by saying aye. COMMISSIONER MAC'KIE: Aye. COMMISSIONER BERRY: Aye. COMMISSIONER BRANDT: Aye. CHAIRMAN CARTER: Opposed by the same sign? Aye. Motion carries 3-1. MS. RAMSEY: Thank you. CHAIRMAN CARTER: All right. We could run off to lunch, however, there are some very short items under the Board of County Commissioners which I think in just a few minutes we can take care of. If the Board would agree with this that we could t0(A), (B), Page 82 October 24, 2000 (C), (E), and (F) and (G) and probably deal with those in a very efficient manner before we go to lunch. Can I do that? COMMISSIONER BRANDT: Let me take a quick look. MR. OLLIFF: My only concern is you told everyone that that was the last item and -- CHAIRMAN CARTER: Okay. MR. OLLIFF: -- if there were anyone interested. CHAIRMAN CARTER: Okay. When we come back -- COMMISSIONER BERRY: This will go quickly. CHAIRMAN CARTER: This will go quickly anyhow. All right. We stand adjourned for 60 minutes, one hour. (A recess was taken.) Item #9A STAFF DIRECTED TO OFFER $5,000 SETTLEMENT REGARDING JEFFREY POPP IN POPP V. COLLIER COUNTY, CASE NO. 99-3286-CA CHAIRMAN CARTER: Beginning the afternoon session of the Board of County Commissioners, we are now to Item 9-A, County Attorney, Mr. Weigel. MR. WEIGEL: Thank you very much. Assistant County Attorney Mike Pettit will address this for you. MR. PETTIT: Good afternoon, Commissioners, for the record, Mike Pettit with the County Attorney's office. We are here today to address a settlement proposal we've received in the case of Popp versus Collier County. That proposal is in the amount of $11,900 to settle the claims against the county, as well as certain individuals who have sued who are county employees. I believe that's all outlined in the executive summary. At this point, there is also an unemployment compensation dispute with Mr. Popp. That cannot be the subject of a settlement in this case. We -- by "we," I mean, Jeff Walker, the Risk Manager, and I, have looked at this again, and you may recall that some months ago we came to the board and sought authorization to make a settlement offer to Mr. Popp of $5,000. Nothing has changed since that time that would lead us to view the case differently, other than the fact that the claims Page 83 October 24, 2000 against the individuals were dismissed by Mr. Popp voluntarily. He can refile those. I'm not sure why that occurred, but he did dismiss those individuals. His attorney has indicated that if we can't achieve a settlement, he will refile those claims. And the county, at this point, is paying for civil counsel for those three individuals, and obviously, that's a significant expense that would be attendant to the case. But back to the other point. Mr. Weigel and I can identify no change and see no reason to change our original recommendation, but we wanted to bring this offer back to the board since the $11,900 offer and can only add that obviously, if the case goes to trial and the three individuals are left in the case, it will be significantly more expensive than $11,900, win, lose or draw. CHAIRMAN CARTER: It is my understanding also that the $5,000 we proposed for settlement, that the time period has elapsed on that? MR. WEIGEL: That's my understanding. CHAIRMAN CARTER: And that Mr. Popp was disciplined because of the acid spill, and I emphasize, disciplined, because of his role in that. MR. WEIGEL: No, he was not. The discipline that was meted out to Mr. Popp related to a completely unrelated incident from our view, which was an altercation with a co-employee. CHAIRMAN CARTER: So he had nothing to do with the acid spill? COMMISSIONER MAC'KIE: This goes to the heart of the case, as I understand it. He alleges that the consequences that he suffered were because he spoke out about the problems of the acid spill. So, yes, he had something to do with it. But the fact of the matter is, he was disciplined because he got in a fight with somebody else's job. CHAIRMAN CARTER: With a supervisor. COMMISSIONER MAC'KIE: That happened before the acid spill and there was a coincidence in time with the acid spill, as I understood it. But I thought in the kind of shade discussion that we had, I was going to support the staff recommendation. MR. PETTIT: Let me just add one point. The evidence that we've disclosed to date shows no relationship between Mr. Page 84 October 24, 2000 Popp's termination and the acid spill, and when you ask was he involved in it, I hesitated because the fact is Mr. Popp's action was what caused the acid spill. He was not disciplined for that. CHAIRMAN CARTER: Thank you for that clarification. The real issue for his dismissal was fighting? MR. PETTIT: That's correct. CHAIRMAN CARTER: That needs to be clearly, I think, established for the public record. MR. PETTIT: That's correct. CHAIRMAN CARTER: Therefore, I would support, myself, going back to the original offer of $5,000 for a period of I'm going to say 45 days. Thereafter, if they don't accept that, I would cut it in half to $2,500 for an additional 45 days and then pull it off the table. MR. PETTIT: Mr. Chairman, I would have to go back and check the statute. There's a period of time under the statute when you make a formal proposal for settlement that it remains open, but we could probably work something out along those lines subject to the statutory requirements. CHAIRMAN CARTER: Well, whatever that is. What I think is he ought to be given a period to accept the full amount, and then if that's not acceptable, I recommend cutting it in half and giving him whatever period is allowed and then pull it from the table, from everything that we have discussed. MR. PETTIT: One other point I want to make sure the board understands, under Florida law, we are not in a position to settle an unemployment compensation suit. CHAIRMAN CARTER: Right. MR. PETTIT: I think that frustrates Mr. Popp and his attorney as much as it does us to some degree, because we thought we had a window of opportunity there that is not there. So if we make the $5,000 offer, we will continue to fight on in that unemployment suit. CHAIRMAN CARTER: Well, I understand that and I understand he has been denied twice in that process. MR. PETTIT: That's correct. CHAIRMAN CARTER: Which in itself is fairly unusual, but it's moving forward to the next phase. But the first two have turned his request down. Commissioner Brandt? COMMISSIONER BRANDT: I would support the $5,000. Page 85 October 24, 2000 COMMISSIONER MAC'KIE: If that's a motion, I'll second it, or I'll make that motion. COMMISSIONER BRANDT: Okay, and I'll second it. CHAIRMAN CARTER: And for under statutes will the motioner and seconder be also agreeable that if he doesn't accept that within the statutory period of time that we reduce it by 50 percent? COMMISSIONER MAC'KIE: Or eliminate it altogether. COMMISSIONER BRANDT: I think -- Mr. Weigel? MR. WEIGEL: Yes. COMMISSIONER BRANDT: What would be the consequence of just pulling the thing out altogether, rather than cut it in half? MR. WEIGEL: It's a clear message that's the consequence -- let me -- I say it's a clear message if they have a time frame, and it's either there or it is not there. COMMISSIONER BRANDT: Okay. MR. PETTIT: Let me just interject, I believe in good faith. I'd have to represent to the board that regardless of whether the offer has expired at this point under the statute, I think discussions between Mr. Popp's attorney and me would require me to say that that offer is open as I stand here today. That's how we've treated it in the discussions. I don't want to -- COMMISSIONER MAC'KIE: So my motion would be that we continue -- we notify the plaintiff that our $5,000 offer remains on the table for whatever the statutory minimum time is, and thereafter that we withdraw that offer officially. COMMISSIONER BRANDT: I would agree with that as a second. CHAIRMAN CARTER: Any further discussion? All in favor signify by saying aye. Opposed by the same sign? (No response). CHAIRMAN CARTER: Motion carries 4-0. Thank you. MR. PETTIT: Thank you. Item #9B CLOSED ATTORNEY-CLIENT SESSION FOR DISCUSSION OF SETTLEMENT NEGOTIATIONS AND/OR STRATEGY RELATED TO LITIGATION EXPENDITURES OF THE PENDING LITIGATION CASE Page 86 October 24, 2000 OF ARLA BERNSTEIN V. COLLIER COUTY, CAST NO. 00-14229GG CHAIRMAN CARTER: Okay, that moves us then to item number 9-b. COMMISSIONER MAC'KIE: Are we going to do that at the end of the regular meeting? MR. WEIGEL: Or at 2 o'clock, whichever occurs earlier. COMMISSIONER MAC'KIE: Looks like it's going to be 2, isn't it? CHAIRMAN CARTER: So that will be brought back at 2 and then correspondingly, we'll see what follows accordingly. Item #10A RESOLUTION 2000-364 APPOINTING JOHN RIBES TO THE PARKS AND RECREATION ADVISORY COMMITTEE - ADOPTED All right, that moves us to item 10-A, appointment of a member to the Parks and Services Advisory Committee COMMISSIONER BERRY: Looks like we have one member, so I would like to nominate John Rebis (phonetic}. COMMISSIONER MAC'KIE: Second. CHAIRMAN CARTER: Any discussion? All in favor signify by saying aye. (Unanimous vote of ayes.} CHAIRMAN CARTER: Motion carries, 4-0. Item #1 OB RESOLTUION 2000-365 APPOINTING JAMES SNEDIKER TO THE CITY/COUNTY BEACH RENOURISHMENT ADVISORY COMMITTEE - ADOPTED Moving then to the next item, is looking at an appointment to the -- appoint members to the City/County Beach Renourishment Maintenance Committee. There is one vacancy and one recommendation. COMMISSIONER MAC'KIE: Move Mr. Schneideker? COMMISSIONER BRANDT: Second. CHAIRMAN CARTER: All in favor signify by saying aye. Page 87 October 24, 2000 (Unanimous vote of ayes.) CHAIRMAN CARTER: Motion carries, 4-0. Item #t 0C RESOLUTION 2000-366 APPOINTING DR. HARRY MOON AND DR. CHARLES EYTEL - THE COMMUNITY HEALTH CARE PLANNING AND FINANCE COMMITTEE- ADOPTED Move to the next item, confirmation of members to the Community Health Care Planning and Finance Committee. Motion to add Dr. Moon and Dr. Eytel. COMMISSIONER BERRY: Eytel. COMMISSIONER MAC'KIE: Thank you. COMMISSIONER BRANDT: Second. CHAIRMAN CARTER: All in favor signify by saying aye. Opposed by the same sign. (No response). CHAIRMAN CARTER: Motion carries, 4-0. Item #1 OD STAFF TO DRAFT STRONG LANGUAGE REQUIRING INTERCONNECT ACTIVITY WHERE POSSIBLE; TO LOOK AT NUMEROUS OTHER TRANSPORTATION ISSUES; TO ESTABLISH A WORKSHOP; AND TO BRING BACK TO BCC REGARDING POLICY 9.3, TRANSPORTATION ELEMENT OF THE GROWTH MANAGEMENT PLAN Now, we're to the item on our policy, 9.3. COMMISSIONER MAC'KIE: The interconnection discussion. COMMISSIONER BRANDT: Yes. You have some backup material, and I hope you've had an opportunity to go through that and give it some consideration. My concern over time has been that as I sit here in the short-term, I hear issues associated with transportation, how are we going to get around within this county over time, and we've talked about interconnections. And at a recent request we indicated at that time that a PUD would have to accommodate some interconnections and urged Page 88 October 24, 2000 that they go back and look at the possibility of connecting with a commercial area that's adjacent to them on the west side of that commercial area. We also looked at the possibility of some interconnection. And we've had another program come in and we've talked about interconnections, but there seems to be a difficulty in connecting Euclid to the Madder PUD. And there was a recommendation from the staff at the last meeting that we were going to discuss this, that that item factored in a 20,000 square foot area, and utilize that as part of an interconnection. And when I go up and down Airport Road, 41 and Goodlette-Frank Road, as you come to -- Let's go to Goodlette-Frank Road for a moment. At the Golden Gate Parkway area, between there and 41, there are only a couple, maybe a third, access across that parallel set of roads. One is at Solana, one at Creech, and there's another one. COMMISSIONER BERRY: One at 26th. You've got to go meandering through Ridge and go on up to Twin Lakes and go through Twin Lakes. COMMISSIONER BRANDT: So you have access from 41 to Goodlette-Frank and vice versa, but when you look at the other side of Goodlette-Frank Road all the way over to Airport Road from Golden Gate Parkway. There is no way to get through, as best I can determine it. COMMISSIONER MAC'KIE: Unless you own a golf cart. COMMISSIONER BRANDT: That's difficult, too. It seems to me that we have a major need here. And our staff, the county staff has -- if you'll bear with me a minute -- has put together a plan that happens to be hanging on the wall out in the other room, that shows some proposed road locations called east and west. And for those out in the audience, if you haven't seen it, there are a number of road projections that our county staff has made as a long-range plan, if you will. COMMISSIONER MAC'KIE: Is that the 20/20 Needs Assessment? COMMISSIONER BRANDT: Yes. CHAIRMAN CARTER: Maybe, Commissioner, you want to put that up on the Board so it can be seen and go to that microphone Page 89 October 24, 2000 so our viewing audience can be tracking with you. CHAIRMAN CARTER: Commissioner, you want to refer to that while you're discussing, you might want to use that microphone down there. COMMISSIONER BERRY: You can stand down there. COMMISSIONER BRANDT: Okay. So my concern here is that as our staff has put this long-range plan in place, we find it very difficult to accommodate those needs because there are a number of PUDs that stand right in the way of those roads, and others are on the edge of those proposed roads. If we don't do something like this and require interconnections between the major projects and PUDs that will be coming in the future, we will have lost an opportunity. We'll have more of what we see between Airport Road and Goodlette-Frank from Golden Gate all the way up to Pine Ridge, and I don't think that's in the best interests of this community. One of the things you might notice -- and I'll try to remember these numbers -- from Golden Gate Parkway up to Pine Ridge is right around three miles. And when you get over to Goodlette-Frank, it's about a mile and a half to two miles before you get to Solana Road, in that range. So there is a large area on Airport Road where you have, really, no access east and west. And when you look at 951, there are also issues associated with getting between Airport Road and 951 east and west, as well. Now, of course, there is 1-75 in there, and so my concern is that if we don't start placing requirements on interconnections, we're going to end up with more of the problems that I see, that I know I see, between Goodlette-Frank and Airport Road. That will happen to us as we move north and east, and those are the directions that we're going to go. So I would urge the County Commission to ask the County Manager and the County Attorney to look at some options. I know with PUDs that have been out there for years, there is some potential legal issues that would have to be addressed and perhaps Mr. Weigel could give us some of those thoughts or maybe even Mr. Olliff, your staff might be able to give us some thoughts about what can be done with regard to interconnections and satisfying this -- I'll refer to it as a grid work that some people have referred to it as -- and I think there's a great need to do that. Thank you. Page 90 October 24, 2000 CHAIRMAN CARTER: Commissioner Berry. COMMISSIONER BERRY: I think your point's well taken, David, and I know for the four years that I sat on the commission, this has been talked about in various ways. I think one of the unique situations, and again, it depends on who owns the land and how the land is owned, but the Vineyards probably had one of the better interconnects of a PUD, but not everybody -- there isn't a landowner always that owns all of the land between one major arterial roadway and the other. You usually have various landowners who are in various stages of development, so it all doesn't happen at the same time. COMMISSIONER BRANDT: Right. COMMISSIONER BERRY: So I think that that's one of the things that compounds the problem. Will you ever be able to fix, say the Goodlette Road-Airport Road situation? And I would venture to say no. I mean, it's too late, it's gone. COMMISSIONER BRANDT: Yes. COMMISSIONER BERRY: You would have a very expensive situation to go through there. Hole-In-The-Wall Golf Course was in place when I moved here in 1963. Of course, there wasn't much either side to really talk about, so it wasn't of any great concern. At the same time, when you move on out further east, when you start looking at 951 and trying to link up between that, perhaps, and, for an example, Wilson, there's going to be some unique challenges in there as to how you might want to do that. You have Immokalee Road and your next shot would be Vanderbilt Beach Road. You're going to run into a golf course if you go too far east on that which is going -- Mr. Feder can figure how he's going to get around that. Then you come on down and you've got Pine Ridge Road which becomes White; you have some challenges there. But that is something that I believe the Estates Plan is looking at, that whole area in there as to what can be interconnected, if it can be interconnected at all. And then going on down, there certainly has been discussion for a number of years, and even Dover/Kohl has got something on the books about trying to connect up the area out in there and bringing it over to 95t -- I'm sorry, Collier Boulevard -- but everyone knows where 951 is. Page 91 October 24, 2000 So I think there are challenges out there, but I don't think it's going to be an easy fix. And, unfortunately, to go back and interconnect some of these communities at this point in time, I don't think you're going to be able to do it, because I don't think you've got a sack full of money big enough to start taking some of these properties that would be required in all of these situations. CHAIRMAN CARTER: I agree with Commissioner Berry. The retrofitting is a challenge, but I think Commissioner Brandt is certainly on target with this, and if we reference Bob Mulhere's May 2 communication in regards to road interconnections, he's done a very extensive overview of the situation, and I think what Bob is recommending that we begin to address for the planning of the future PUDs. But also we have a lot of old PUDs still sitting out there. We may be able to go back, and I've had a brief conversation with our County Manager about this, is that those PUDs, unfortunately, are driving our planning process for roads and stormwater and everything else. I think we've got to reverse that and get those into a perspective where perhaps we're letting them sit out there for too long; five years and then you can come back and update it and then it's there for ever and ever. So I think we've got to get tighter on that. Frankly what it says, let's stop the PUD speculation and get it into a more concise planning process. If you're going to do it, do it, but don't come to us and get it approved and then take it to the marketplace and see what you can do with it over too long a period of time. So maybe that's part of what we are trying to address here. Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Just a couple of comments. One, just lest there be any public confusion, the document that is useful for this discussion, it's a draft copy of something that will be proposed to MPO in some form, maybe this form, maybe in another in January or February. I went and checked with the staff while you were talking. The other thing is that I also was advised by staff that existing PUDs don't get in the way of this ma]or grid system, but I think you're suggesting two things, and both of them I would like to give direction to the staff on. Page 92 October 24, 2000 That is, that we direct staff to draft strong language requiring interconnectivity where possible, and that we mean that strongly. We mean where physically possible, we want to know what the cost would be, whether it's voluntarily or involuntarily done. Because that's the problem we ran into down there at Carillon and those guys. We need to know what it would cost to take it, if that's the only way we can get it. COMMISSIONER BERRY: I think, too, if you're going to connect a new community to an existing community, you've got to make sure the roadways in that existing community are going to be able to carry that traffic because they were not designed for that. So you may think you're doing a great thing, but you are also putting somebody else in a bad situation with good intentions. COMMISSIONER MAC'KIE: So it requires both sides to be looked at. The other thing that Mr. Brandt asked about that I would love to hear if it's something we can do, we have the sunsetting on PUDs. I think maybe what we've done wrong, in my judgment, on those PUD sunsets, so far, is we've kind of glamorized them, you know. As a PUD came back in after it's five years, we would say, "Okay, you've got to comply with landscape code, bring this and that up to code," but we didn't really dig as hard as we could to reduce densities where we would find that appropriate. So I guess the other direction to staff would be to advise us how and to what extent we can look at existing PUDs with regard to transportation requirements and give us some advice on what we can do there. CHAIRMAN CARTER: Mr. Mulhere? MR. MULHERE: Thank you. For the record, Bob Mulhere, planning director. There are many facets to this discussion, and I believe that the board will be having a transportation workshop in the first quarter of this year. What I think we could do as staff is put together even a more comprehensive list of recommendations than you have in front of you. That memorandum that planning staff prepared deals with many of these issues. We have the new PUDs that would come in and the degree to which we should require interconnection, impacts of those on existing neighborhoods, retrofitting as an issue, the degree to which the existing arterial network can be Page 93 October 24, 2000 completed, and how much do we have the rights to already, through the PUD process, and how much do we have to acquire. And I think, also, the whole sunsetting process and whether that should be shortened or whether there can be greater focus, and we'll certainly work with the County Attorney's office as we move forward with that examination because of the legal constraints that we may face. COMMISSIONER MAC'KIE: Just at the risk -- I apologize -- but to interrupt to ask Tom, when we get ready to do that transportation workshop, play that tape back because that's exactly the list of the issues I want to hear. MR. MULHERE: And we'll be prepared to do that comprehensively but also with our recommendations. Now, briefly, as far as turning those into goals, objectives, policies and, ultimately, into Land Development Regulations, as they are required, that process is a little bit longer. We arguably cannot do that until this time next year, another Growth Management Plan Amendment cycle. But there may be an opportunity -- I say may be an opportunity -- to the degree that these proposed amendments can also fit in with some of the Rural Assessment amendments that we may bring forward sometime on a shorter time frame, we may be able to accomplish some through that venue. So we'll certainly look at that, as well. There is a relationship between interconnectivity and some of the rural issues, and they are also looking at some of those issues. So there is an opportunity, I think there, for us to move forward maybe on a little more expeditious time frame, perhaps a year from now. COMMISSIONER MAC'KIE: It sounds like you're getting direction from this board to do that as soon as you can and whatever way you can. CHAIRMAN CARTER: I would think so, and what I think I'm hearing is we have a twelve-month period in which we can do a lot to correct the difficulties that we currently see. But that in the next twelve months we have to live, for the most part, with what we have, if I'm understanding this correctly. And I emphasize again, I want to know what's out there, the inventory, I want to know what we can do with that. I would like the sunsetting, a lot of this, to get into a strategic long-range Page 94 October 24, 2000 planning process that says we can address all of these ordinance issues, code issues, and sharpen it up so that we, in effect, are in control of our destiny versus reacting each time that one of those situations comes forward to us. So I think that's what I'm hearing from this board and the direction we'd like to give you as we establish that workshop, and probably several others, before we get back to the Growth Management Amendments at this time a year from now. COMMISSIONER BRANDT: I have a quick question. CHAIRMAN CARTER: Yes. COMMISSIONER BRANDT: Mr. Weigel, I have a quick question. Between now and the time a year from now when we have an opportunity to change the Growth Management Plan, there will be a number of PUD issues that come forward. Do we have the legal right and authority in looking at the various PUD applications that come forward, to say here is an area that we want you to donate, if you will, to the county as a consideration for even thinking about approving the PUD. COMMISSIONER MAC'KIE: Don't say no. MR. WEIGEL: What I would say is with that kind of question is, that question tracks with many similar types of questions that would probably be had on an individual basis with those PUDs. Whether we call it "donation," whether we call it "planning," whether we call it the Board of County Commissioners operating under its police powers for the public safety and welfare as it relates to transportation issues. I think there are many ways to look at that. I don't want to give you an imprecise answer, but it seems to me there are ways to apply the core of what you're talking about on an individual basis as we go forward with these PUDs. Thank you. COMMISSIONER BRANDT: I think he said yes. CHAIRMAN CARTER: I think so. MR. OLLIFF: What I will take from this discussion is direction. I don't need a specific vote, but I think clearly what you're asking us to do is bring you back some specific decision items that you can discuss when we have that transportation workshop, so that the language will actually be drafted in a form you can look at, and get your hands around, and then give us any language changes that you want us to make before we actually run it back for final adoption. Page 95 October 24, 2000 We'll include that list that Bob just outlined for you in our workshop. COMMISSIONER MAC'KIE: I want to know where we already have access and rights to it via PUDs and otherwise, and where we don't, and where there are PUDs that are about to sunset that we wish we could do something with or to. MR. OLLIFF: We may end up with a series of workshops that will be district by district, because that's really getting very specific about some of our transportation network issues. CHAIRMAN CARTER: I think our direction is, we've got a twelve-month period. Whatever it takes to accomplish what we need to do during that period, we want it to happen because we'll have three new commissioners to bring up to speed, plus the two that are here that can be the historians to help us through that process. COMMISSIONER BRANDT: There are some things that can be done between now and that time so the board can take specific actions to accommodate the needs. CHAIRMAN CARTER: We can ask a lot of questions about everything that comes in front of us, and perhaps get some of this incorporated in the new ones that are requested in front of the board. Yes. Thank you, Commissioner Brandt, and, I think, Mr. Olliff, that gives you significant direction where we want to go. Item #10E RESOLTUION 2000-367 APPOINTING MARLO VALLE AND W. JEFFREY CECIL TO THE AFFORDABLE HOUSING COMMITTEE - ADOPTED Let us move now to the next item which would be 10-E, Appointment of Members to the Affordable Housing Committee. COMMISSIONER MAC'KIE: Two qualified applicants for two positions. I move their appointment. COMMISSIONER BERRY: Second. CHAIRMAN CARTER: All in favor signify by saying aye. Oppose by the same sign. The motion carries. Page 96 October 24, 2000 Item #10F JOINT MEETING TO BE HELD THE FIRST QUARTER OF 2001 BETWEEN COLLIER COUNTY, LEE COUNTY, AND THE CITY OF BONITA SPRINGS - APPROVED 10-f. This is a discussion regarding a joint meeting to be held during the first quarter of 2001 between Collier County, Lee County and the city of Bonita Springs. COMMISSIONER MAC'KIE: Motion to approve Commissioner Carter's recommendation. COMMISSIONER BRANDT: Second. CHAIRMAN CARTER: All in favor signify by saying aye. Motion carries. This same motion was put in front of the Lee County Commission today, so we should have a joint announcement coming out for regional consideration. Item #10G RESOLUTION 2000-368 OPPOSING A PROPOSED CONSTITUTIONAL AMENDMENT ON A STATEWIDE HIGH SPEED (RAIL) SYSTEM - ADOPTED yOU, Item 10-G, High Speed Rail -- COMMISSIONER BERRY: The answer is no. COMMISSIONER BRANDT: The answer is, yes, I agree with CHAIRMAN CARTER: What I'm asking for is does this board pass a resolution we are saying no to the high speed rail? COMMISSIONER BRANDT: So move. COMMISSIONER BERRY: Correct. Second. CHAIRMAN CARTER: All in favor signify by saying aye. Motion carries. I believe that takes us to item 11, Other Items. COMMISSIONER BERRY: Shall we explain to them why we are opposed to the high speed rail? CHAIRMAN CARTER: I think that's a good idea. COMMISSIONER BERRY: Just briefly, so they don't misunderstand that we're against this kind of thing, per se, but -- Page 97 October 24, 2000 CHAIRMAN CARTER: We're not against -- I don't think anyone's against the idea, it's the process. What they have done is taken it to the voters as a constitutional amendment versus going through the legislative process. And I believe that amending the Constitution of the State of Florida is a serious situation and not every issue that comes in front of anyone should be running in there and trying to get it done through a constitutional amendment, number one. Number two, the Supreme Court just ruled on this less than 10 days ago that it could stay on the ballot. Most people are not even aware that it's out there, and absentee voters may have seen that and the first statement sounds grand and glorious about having high speed rail, but it really doesn't tell you it only serves five cities, that there is no approved financing, that it has to start by 2003. And that means the legislature, somewhere in their infinite wisdom, would have to find the funding. Where are they going to find it? The only big number that's in there is a transportation trust fund, underline the word "trust," which says it should be used for all types of transportation in the state of Florida. If they raid that fund, that means all your other roads and airport projects in this state would significantly suffer from that. And everything we want to do in southwest Florida would probably be deferred or off the books, including 1-75 and other things that we desperately need here. So that's why Southwest Regional Planning Council, commissions, and cities are all saying "no" to the way it's being approached, not "no" to the idea. Item #1 tA1 DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY FUND GRANT APPLICATION FOR A TRAFFIC SAFETY GRANT - APPROVED Okay, that takes us to 11, Other Items, other Constitutional officers. Al, FDOT Safety Fund Grant Application. COMMISSIONER BERRY: Sheriff's Department. CHAIRMAN CARTER: Sheriff's Department. LIEUTENANT SMITH: Good afternoon. For the record, my Page 98 October 24, 2000 name is Lieutenant Tom Smith, and I'm with the Sheriff's office. This is relatively a routine DOT grant application for the support for $76,100. It's a three-year renewable grant, and it is requesting data analysts for traffic and a data input operator, along with computer equipment. COMMISSIONER MAC'KIE: Motion to approve. COMMISSIONER BRANDT: Second. CHAIRMAN CARTER: All in favor signify by saying aye. Motion carries. LIEUTENANT SMITH: Thank you very much. Item #9B CLOSED ATTORNEY-CLIENT SESSION FOR DISCUSSION OF SETTLEMENT NEGOTIATIONS AND/OR STRATEGY RELATED TO LITIGATION EXPENDITURES OF THE PENDING LITIGATION CASE OF ARLA BERNSTEIN V. COLLIER COUTY, CAST NO. 00-14229GG CHAIRMAN CARTER: Now, it is approaching 2 p.m., and we need to go back to item 9-b, and the agenda item is that we have a closed attorney-client session of the settlement negotiations and/or strategy related to the litigation expenditures of the pending litigation case of Arnold Bernstein versus Collier County, Case Number 00-14229GG, pending in the U.S. Court of Appeals, 11th Circuit. Persons in attendance will be the Board of County Commissioners, County Manager Thomas W. Olliff, County Attorney David C. Weigel, Assistant County Attorneys Ramiro Manalich and Michael W. Pettit. This session will commence at 2 p.m., and at the conclusion, we will then return to the dais to let you know where we're going to go. So we will have a short recess. COMMISSIONER MAC'KIE: Could I ask a question before you call a recess? In deference to the public that's here, Mr. Attorney, can we move to continue this to the end of the agenda and it still be in order? These people have been sitting here since morning. MR. WEIGEL: Yes, you may, I think. COMMISSIONER MAC'KIE: It's on the agenda. I can move to continue anything, and so I make a motion we continue this to Page 99 October 24, 2000 make it the final item, second to the final item, because the one after it will be the final item on today's agenda. MR. WEIGEL: It's hard to judge how long these agendas will go, so we had 2 o'clock or the end of the agenda, whichever comes earlier. It may be that when we do these, we'll do it for a fixed time or end of the agenda, whichever comes later. CHAIRMAN CARTER: I have no problem with it and I realize you've been here a long time, and I would prefer to do that. If we legally can do that, I would suggest we continue that until the proper time. MR. WEIGEL.' That's fine. Item #11 C KENNETH THOMPSON REGARDING ZONING MATTERS CHAIRMAN CARTER: Now, we'll go to C, Public Comments. Do we have any speakers on public comment? MR. OLLIFF: You have one, sir, Kenneth Thompson. MR. THOMPSON: My name's Kenneth Thompson, and I live at 2831 Becca Avenue. I'm back here, again, and this guy's wanting money for the Sheriff's Department again, and we cannot get Bayshore Drive -- Scott Anderson, he has taken the deputies off of Bayshore Drive. He'll tell you he hasn't, and I'm telling you he has. And at night they are running, you know, in a 35 mile speed zone, they are doing t00, if they are doing a bit when these bars let out. I called him up and he wants to make a big joke out of it. So he called me up the 13th, on a Friday, and he keeps telling me -- well, first, Rich Givens was out on that corner, there was a disturbance, a fight or something, and that was 2:30. So I went to the room over here and I checked that out. And then at 4 o'clock, he called me again, and he said to me, "Do you hear them damn fire trucks and ambulances and sheriffs coming?" I said, "Yes, I'm sitting right here in the yard looking," I was talking to him on the cordless phone. He says, "Well, don't let that bother you, the sheriff's going to beat the hell out of you." And one of them was Anderson driving. So he just keeps this up and keeps it up, and says -- I'm telling you I've had enough of him and he'll tell you the biggest lie Page t00 October 24, 2000 of any man. You ought to see when he comes to Naples Manor in the morning. He'll park way down the street and ease up the road to keep anybody from knowing he's on the job. He's got everybody lying for him. Scott Anderson was one of the best of my friends. I know when he went on the Sheriff's Department at 17 years old, and why he has to do such a thing as this. I got video tapes of that street and no cops on it. And then down Becca Avenue, here we're having to pay him more money just like you just did right there, and here now, we got to come out of taxpayers pocket to put speed bumps on the street, and down here on Becca and Pine Street there's a stop sign and nobody stops. Everybody -- it's just a mess on Becca Avenue with this traffic. So the best thing to do if he's not going to do his job, Mrs. Mac'Kie, I wish you would do it for Becca and Bayshore. There's one way to do it. Block that street right there where they can't come in. Make them turn right and go down and turn around like up at the Sandpiper. That's the only way to stop them because he's not going to do his job. I don't need Anderson threatening me with no more cops, because him and Corporal Gerstner (phonetic), in 1989, beat me until an inch of my life, right here in this jail, for no reason at all. It cost me approximately $190,000 to get my back put back together, which I have a fusion. I had a blood clot this big in my back from them two birds, and I can prove that. So Gerstner, he keeps beating people, I guess he's out of the Sheriff's Department. I come here with one more thing to ask you. In July of '89, you took eleven hundred and twenty-five dollars of our money, and I would like to have it back. I'd like to have a check for that money back because every time you turn around, you are having another workshop. You're not never going to zone nothing, we've waited patiently, we've done this. It's really getting to me. I had the doctor all day long yesterday. I just don't understand what the county is trying to prove. And then we got another issue is Bill Bogart. I can't go to code enforcement -- I can't do anything out there. You've got a sea of Page 10t October 24, 2000 eyeballs floating everywhere I'm going out here. And the man has been hammering me ever since that I have moved from Shadowlawn Drive to Becca Avenue, and it's not fair. You try to talk to him, he'll beat on the desk like he's going crazy, and that's the truth. And when this thing happened, and Mrs. Sullivan got out of office, I kept talking to Mrs. Sullivan, is there anything wrong with my wife's beauty parlor; no, there is not. So just as soon as the tragedy happened to her, Mrs. Arnold got in and one day I was a-talking to her. And I asked her, "Just how did you come, did you know my wife had this beauty parlor there?" And she says, "No, I know nothing about it. I said, "Well, how did you come about it?" And she says, "1 got it from Bill Bogart.' And I did have a conference and the county with Doug Rankin at Horseshoe Drive that this thing was settled and taken care of and done. Then all of a sudden here in July, it starts all over again. So I would like for you to give my wife back her eighteen hundred and twenty-five dollars, and I would more and appreciate if you would do that. With the interest. With the interest. So that's -- I wish you would get somebody back on Bayshore Drive and Becca Avenue to patrol that street. Debrah Preston told me that they were going to get somebody out there, the Sheriff's Department, to patrol that street and try not to put the speed bumps. I don't want a speed bump in front of my house. I will go to jail, I'll take a bulldozer and push it off. CHAIRMAN CARTER: I think we've heard that and I understand your concerns, and I thank you for presenting it to the commission this afternoon. Mr. Olliff, do you have any comments, please? MR. OLLIFF: No. I think there are some ongoing zoning issues that Beth Walsh in my office is working on, in terms of trying to resolve. I think there's some outstanding grandfathering, probably nonconforming use zoning issues there that he's talking about. And we'll provide you a little memo and get with him, as well. MR. THOMPSON: My wife is grandfathered in. CHAIRMAN CARTER: Well, thank you for sharing that with us and -- MR. THOMPSON: I want to tell you you're the best man I Page 102 October 24, 2000 ever met to hold that meeting. I've been listening to you; man, you do a perfect job. CHAIRMAN CARTER: Thank you. I want everybody out there to hear that this afternoon when you start throwing things at me in the future. MR. THOMPSON: He's a good man. Item #12A1 RESOLUTION 2000-369 TRANSMITTAL OF 2000 GROWTH MANAGEMENT PLAN AMENDMENTS - ADOPTED CHAIRMAN CARTER: Moving to our afternoon agenda, we're going to get there --Advertised Public Hearings, Item 12-A-1. MR. LITSINGER: Good afternoon, Mr. Chairman and Commissioners. For the record, Stan Litsinger, comprehensive planning manager. This public hearing this afternoon is your annual transmittal public hearing for your annual Growth Management Plan Amendments that we transmit to the Department of Community Affairs. And in approximately 60 days, so it usually turns out around the Christmas holidays, we receive their objections, recommendations, and comments report to which we try to resolve any issues, and then come back to you, usually the middle of February, end of February, for the final adoption of your annual amendments. I have a handout for you that corrects a trick that was played on us by the copying machine relative to the Planning Commission's recommendations, which will also be pointed out by each planner as they present the individual petitions. Procedurally, we've decided to think outside the box and do something a little different in a couple of our usual annual amendments. As you'll notice in your package, you do not have a Capital Improvement Element Amendment, and you do not have a Transportation Element Amendment update. What we have decided to do is to not transmit an amendment for review for either element, as opposed to using year-old data from the last year's AUIR. You folks will be receiving the AUIR in the next hopefully 45 days. What we would propose to do is, instead of having a Capital Improvement Element and in this case, because there are map Page t03 October 24, 2000 changes and transportation element, elements that are perhaps a year old as we will bring to you proposed amendments in February on the Capital Improvement Element and Transportation to adopt as unreviewed amendments, which simply means that the DCA will either find them in compliance or not in compliance. We don't suspect that the issues would result in a noncompliance. If they do, we are usually able to resolve a settlement agreement on those types of nonregional issues very easily. So just I wanted to point out to you why you do not see Capital Improvement Element at this time. COMMISSIONER MAC'KIE: Sounds like a real big improvement, instead of being a year behind in the data we use to adopt changes. That's great. MR. LITSINGER: With that, I will introduce David Weeks, who will present the first public petition. MR. WEEKS: Good afternoon, Commissioners. For the record, David Weeks of the comprehensive planning staff, and this will be pretty brief. This is an amendment to the Golden Gate Area Master Plan, specifically, to the settlement area district. This district applies to the OrangeTree development, previously known as North Golden Gate. Essentially, it was a mirror image of Golden Gate City, at this location, about four square miles in size, with a variety of urban zonings. It was originally approved for close to 12,000 dwelling units, 185 acres of commercial, industrial, community uses like schools and churches, et cetera. In 1982, the property was down-zoned to agricultural and the property owner filed a lawsuit. As a result of the settlement of that lawsuit, we created the OrangeTree PUD. The Golden Gate Master Plan used to contain a list of the uses permitted in this settlement area district. In 1997, when we adopted the amendments based upon the evaluation and appraisal report, we removed that list of specific uses and maintained the language that had previously been in there that referred to the settlement agreement, and the zoning document, again, known as OrangeTree PUD. What the petitioner is asking is to put that list of uses back in place in the Comprehensive Plan. Staff has no objection to Page 104 October 24, 2000 that. The petitioner originally had asked to add one use, not vested on this site, and that was the RV park use, but they have advised they wish to withdraw that as part of their amendment. So they are simply asking to put the list of uses back in place as previously existed in the Comprehensive Plan. Staff recommends that you transmit this, and the Planning Commission unanimously endorsed staff's recommendation. And there were no speakers at the Planning Commission and no correspondence has been received. COMMISSIONER MAC'KIE: Are we taking these individually or as a package? MR. WEEKS: This will be as a package. There is one single resolution transmitting these items. What we have always done is take a straw vote, which is binding, and then you would make a single motion at the conclusion of all these items. COMMISSIONER MAC'KIE: I would just note, then, that I support the staff's recommendation. COMMISSIONER BERRY: I support it with the idea of no RV. CHAIRMAN CARTER: Okay. No RVs on that support on the board. Are there any speakers to this issue? MR. OLLIFF: No, sir. MR. WEEKS: Mr. Chairman, I don't think it's necessary to read into the record, but the language that's in the resolution would need to be modified, of course, to reflect the removal of the R¥ park use that would pertain to the Golden Gate Area Master Plan. The Future Land Use Element also has two areas of addition, and that second area which refers to uses not previously approved would need to be stricken. Again, it's just language housecleaning, but to reflect this action that we are recommending. CHAIRMAN CARTER: When we get ready to make that motion we need all that incorporated, so if the attorney is making notes of that, we can make sure we got it clean. MR. OLLIFF: Mr. Chairman, just for the record, while there is no registered speakers on any of these items, there are probably representatives of every petitioner here should the board have questions of them. CHAIRMAN CARTER: Okay, moving to the next item, is this 2000-4, Vanderbilt Beach Road? Page 105 October 24, 2000 MR. BLAIR: Good afternoon. Aaron Blair, planning services. The petitioner seeks to amend the existing Future Land Use Element and map of the Collier County Growth Management Plan to allow for the creation of the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict for 48.54 acres, located here on the corner of Vanderbilt Beach Road Extension and Collier Boulevard. Staff's recommendation is not to transmit this due to the following reasons: The magnitude and scale of this project, which is 360,000 commercial square feet, is similar to the scale of a community shopping center. The subject property would not meet -- it would meet the spacing criteria for activity center, but it is -- sorry, but it is not on -- but it would not meet all the criteria to become an activity center. COMMISSIONER BERRY: What elements -- CHAIRMAN CARTER: What would it take? MR. BLAIR: The road classification. Currently, it's on collector road. COMMISSIONER MAC'KIE: As opposed to arterial? For my money, if those aren't currently arterial they sure are going to be. That looks to me -- but I didn't want to interrupt the gentleman. COMMISSIONER BERRY: I understand. I just don't happen to agree with that. MR. BLAIR: Okay. The site is almost exactly two miles from the current activity center number 3 at Immokalee Road and Collier Boulevard, which currently activity center number 3 is yet to be developed. However, the northeast quadrant, which is this right here, section of the activity center, is planned for a minimum of 150,000 commercial retail as the Heritage Bay DRI. The subject property will allow for a three-story financial services and offices, thus making a transition to the scale, transition of scale to the estate zoning across the street, which would be this area here, would give an adverse effect to the area because of the scale of a three-story building in this area, compared to what's allowed in this area as far as the estate zoning. The Planning Commission found in favor of transmittal eight to zero. CHAIRMAN CARTER: There will be other questions that come up, but it's my understanding, if I look at the west side of Page 106 October 24, 2000 this, that the consideration in the future is to do a loop road in here for the interconnectivity from the potential PUDs that will be developed in this larger area, and I guess the people speaking on behalf of that can address that issue. COMMISSIONER MAC'KIE: If I can just jump in there. We'll see if there's an interconnectivity, we'll see if there's a frontage road, or something similar. I hope there is when they come in with the rezone, but what we're being asked today is whether or not we are going to transmit this to DCA as a proposed amendment in order to get their recommendations and comments. I think that this is the perfect place for some long-term future commercial because it's near the Estates, without being in the Estates, and that's a positive to provide some way to buy a loaf of bread out there without driving to the coast. We know that's a positive to the transportation system. So unless there is something shocking that I haven't heard, I think, this is one I definitely want to transmit. CHAIRMAN CARTER: I agree with you, Commissioner Mac'Kie. Everything that I've heard, again, transmittal says, if they approve it, then we have an opportunity to come back and talk about it and can build in all the interconnectivity and frontage roads, whatever we need to do to the PUD process. But until it's transmitted and we have that right to do that, we can't pursue it, if I'm understanding that correctly. MR. OLLIFF: Mr. Chairman, I bet you if you take a straw poll vote on this particular item, you may save yourself a full presentation on this. COMMISSIONER MAC'KIE: I support it. CHAIRMAN CARTER: I support it. COMMISSIONER BRANDT: I have a question. What was the logic that the Planning Commission used in voting eight-zero? COMMISSIONER MAC'KIE: Probably the same -- COMMISSIONER BRANDT: Why would they do that? MR. BLAIR: They all felt that it was the same reason you did. COMMISSIONER MAC'KIE: Probably the same great logic I just used. COMMISSIONER BRANDT: four. Sounds good. I think you have Page 107 October 24, 2000 CHAIRMAN CARTER: I think we have four, let's move to the next item. Thank you. That would take us then to Item CP-2000-5. MS. TAYLOR: Good afternoon. My name is Amy Taylor, for the record, I'm with your comprehensive planning section staff. Before you for consideration is Comprehensive Plan Amendment 2000-5. In this petition, the applicant seeks to amend the Future Land Use Element and Map to allow the creation of a Livingston-Pine Ridge commercial in-fill subdistrict. The proposed designation will allow retail and commercial office uses on a 17.5-acre parcel. It would allow up to 125,000 square feet of retail and office uses. The evaluation by staff considered the surrounding land uses in evaluating this petition's appropriateness. To the north of the property is approved commercial. This is across the street from Pine Ridge-Cambridge Square PUD. To the east of the property is the North Naples fire station, and the fire station, in its first three months of operation had over 250 calls. The property also to the east shares a boundary with, this is agriculturally zoned. That property is adjacent to its east with commercial property, allowing that property to be eligible for commercial planning criteria. The property to the south is agricultural. The property across Livingston Roadway is the related PUD which is a developed apartment homes, over 250 units. The property, subject property, abuts to what will be two six-lane facilities so that in the staff's evaluation of this petition, based on the surrounding characteristics, it was deemed appropriate for this change. We have recommended approval. Staff recommended approval, the Planning Commission has endorsed that recommendation. CHAIRMAN CARTER: Questions from the commissioners? COMMISSIONER MAC'KIE: Just a comment, if I may. This looks right now like a great square in the middle of nowhere, but as soon as Livingston is there, it's going to be a major intersection, and again, that's why this is good forward thinking. I'm going to support it. That's one. Page 108 October 24, 2000 CHAIRMAN CARTER: We've got enough. Thank you very much. Move to Item CP-2000-7, number 5. COMMISSIONER MAC'KIE: Mr. Weigel, a thought just popped into my mind. Should we be sworn in disclosing ex-parte and all that stuff? MR. WEIGEL: This is not quasi-judicial, but you are welcome to make any disclosure. COMMISSIONER MAC'KIE: I have met so far with two out of the three petitioners. CHAIRMAN CARTER: I have done the same and may have run into them at the EDC, Chamber of Commerce, President's Forum, Rotary, Kiwanis, and a number of other places in this county. MR. WEEKS: Just for the record again, David Weeks of the comprehensive planning staff. This petition might seem familiar to you because you saw a similar version to it last year. It is located at the northwest corner of Santa Barbara Boulevard and Golden Gate Parkway. It's a request to amend the Golden Gate Area Master Plan to change the designation from residential estates to the Golden Gate commercial in-fill subdistrict. The subject site is about 6.8 acres. This will allow for a variety of office uses, it will allow for a single bank or pharmacy, and it will allow for about 8 or 10 other retail uses on the site, for a maximum square footage of 35,000 square feet. Staff, like last time, does not support this amendment. Our concerns have to do with the character of the area, the impact that this project will have. This is in Golden Gate Estates, it's across the street, across from Santa Barbara Boulevard from Golden Gate City, but nevertheless, it is in the Estates. The Estates is a semi-rural character. We certainly acknowledge that the abutting roadways carry high volumes of traffic; anywhere between 23 and 30,000 vehicles per day. Nevertheless, we have some concerns about the impact on the character of the surrounding area, what will happen to the southwest quadrant. We would assume that a similar amendment will be proposed if this is approved. Our recommendation is not to transmit. However, the Planning Commission, by a vote of seven to one, recommended to transmit this petition as submitted by petitioners. There was Page 109 October 24, 2000 one letter-- COMMISSIONER MAC'KIE: Who was the one? MR. BLAIR: Commissioner Young. And there was one letter of opposition. It's from the property owner to the north. You might recall that same property owner objected last year. CHAIRMAN CARTER: We have heard all that before here at a past meeting. We will need to hear from the petitioner depending on how the board feels. I understand, if I'm correct, that the civic association does not object to this being transmitted and would like to see us pursue it. COMMISSIONER BERRY: What's the civic association? MR. YOVANOVICH: Richard Yovanovich, representing the petitioner. We met with the Golden Gate City Civic Association regarding this matter. The issue, like last time, was really traffic issues, and they want us to work with them and with county staff in the interim between transmittal and adoption to, hopefully, resolve the intersection issues with -- to resolve everybody's issues out there. They didn't have a problem with the use, it was a traffic issue again, and we've committed with them to work with them early and often to come to a resolution that would be mutually satisfactory to the association and the property owner. COMMISSIONER MAC'KIE: I'd like to give this a chance to stay alive and see if they can work out those transportation issues and support its transmittal. CHAIRMAN CARTER: I, likewise, will do that because they have done what I've always advocated, and that is meet with the key associations and get their input into these. And if all those issues can be resolved, I understand there is already things that have been done to separate the distance from the property that had the most concerns, so I would like to give them that chance in the system. COMMISSIONER BRANDT: I wouldn't have a problem. CHAIRMAN CARTER: I count three, but I don't count four, but I think that's where they are. COMMISSIONER BERRY: That's where you are. CHAIRMAN CARTER: Okay. I think I just got the school teacher's stare, so I think I'll be all right. COMMISSIONER MAC'KIE: You didn't get smacked by the Page 110 October 24, 2000 ruler. CHAIRMAN CARTER: No, but I was ready to duck, though. COMMISSIONER BERRY: That's next. CHAIRMAN CARTER: I'll see if I can get to item number 6, CP-2000-11. MS. MOSCA: Good afternoon, Mr. Chairman and Commissioners. For the record, my name is Michelle Mosca with the planning services department. On April 11 of this year, the Board of County Commissioners directed staff to amend the RV park direct principal access provision of the Future Land Use Element. This was to allow access points from intervening properties onto local roadways or driveways. Comprehensive Plan Amendment 2000-11 amends this provision by defining direct principal access as: "A driveway or local roadway connection to an arterial road, provided the portion of the local roadway intended to provide access to the RV park is not within a residential neighborhood and does not service a predominantly residential area." The collier County Planning Commission recommendation was unanimous in support of transmitting this amendment, and staff's recommendation to the Board of County Commissioners is to forward this petition to the Department of Community Affairs for a formal review. Thank you. COMMISSIONER MAC'KIE: I support that. COMMISSIONER BRANDT: I support it. COMMISSIONER BERRY: Good. CHAIRMAN CARTER: We're all right. COMMISSIONER MAC'KIE: I would move the resolution for transmittal of these amendments, with the revised language identified earlier, I believe by you, Mr. Litsinger, with regard to the two uses we were talking about. MR. LITSINGER: The RV uses in OrangeTree? CHAIRMAN CARTER: Yes. COMMISSIONER MAC'KIE: That's my motion. COMMISSIONER BRANDT: Second. CHAIRMAN CARTER: Any discussion? All in favor signify by saying aye. (Unanimous vote of ayes.) CHAIRMAN CARTER: Motion carries, 4-0. Thank you. That takes us to the Zoning Appeals. No, sorry about that, it Page 111 October 24, 2000 takes us to C, Other Noise Ordinance. Item #12B3 ORDINANCE 2000-66 AMENDING THE IMMOKALEE AREA MASTER PLAN, A SEPARATE ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, TO DELINEATE AN URBAN INFILL AND REDEVELOPMENT AREA - ADOPTED COMMISSIONER BERRY: How about 12-A-37 CHAIRMAN CARTER: Immokalee. You want to do that? All right, let's do that, item 3. My apologies. 12-A-3, recommendations to the Board of County Commission to adopt the ordinance to the amendment to the Immokalee Master Plan. COMMISSIONER MAC'KIE: It's the one that would require very little discussion. CHAIRMAN CARTER: We already did that, it was on its way. But that's okay. MS. PRESTON: Good afternoon, Debrah Preston from Comprehensive Planning. This is for final adoption of an amendment to the Immokalee Area Master Plan to delineate an urban in-fill and redevelopment area for the Immokalee area, which will qualify them for a grant under the Department of Community Affairs. This is for final adoption. The Planning Commission heard this item on October 19th. They forwarded the recommendation to the board, unanimously, to adopt this amendment, and we did receive a letter from the Department of Community Affairs yesterday stating they have done a preliminary review, that they have received no outside recommendations or requests to review this, and that they are recommending that you go ahead and adopt this amendment today. COMMISSIONER BERRY: So moved. COMMISSIONER MAC'KIE: Second. CHAIRMAN CARTER: Any speakers? MR. OLLIFF: No, sir. CHAIRMAN CARTER: All in favor signify by saying aye. Motion carries. All right. Item #12B2 Page 112 October 24, 2000 ORDINANCE 2000-67 RE PETITION PUD-2000-12, DWIGHT NADEAU, MCANLEY ENGINEERING AND DESIGN, INC., REPRESENTING S. J. BENSON & ASSOCIATES, INC., REQUESTING A REZONE FROM "A" TO "PUD" TO BE KNOWN AS ARLINGTON LAKES PUD, 1/2 MILE SOUTH OF PINE RIDGE ROAD ON LIVINGSTON ROAD- ADOPTED COMMISSIONER BERRY: B-2. COMMISSIONER MAC'KIE: Arlington Lakes? CHAIRMAN CARTER: B-2, Zoning Amendments, we had one continuance. We got a lot of stuff on and off of here, this looks like a Las Vegas scorecard. Okay. 12 B-2, Petition PUD 2000-12. Now, we need to have everybody sworn in. (Speakers were sworn.} COMMISSIONER BERRY: I have to disclose that I've had discussion with the petitioner and their representative, any of this group that's standing over here, all except that gentleman in the tweed jacket. I didn't talk to him. The rest of them I talked to. COMMISSIONER BRANDT: I have had no discussion with the principals. CHAIRMAN CARTER: I have had discussions with I believe all the principals except the one gentleman in the maroon tweed. I don't recognize him, unless I say I met him at the Chamber of Commerce, EDC or other associations in the community. You ask why do I do that? Everybody is all over us about this stuff. I've been here 21 years, I've seen them all somewhere, sometime. COMMISSIONER MAC'KIE: I have discussed this PUD with the petitioner. MR. MURRAY: Good afternoon. For the record, I'm Don Murray, principal planner with planning services department. This Petition, PUD 2000-12, Arlington Lakes PUD, is a request for rezoning from agricultural to Planned Unit Development for a property located approximately one-half mile south of Pine Ridge Road, and it lies between the future Page 113 October 24, 2000 Livingston Road right of way and Whippoorwill Lane. The property's approximately 98 acres and the petitioner is proposing approximately 590 units at a density of 6 units per acre. The property is bordered by single family tracts on the north side, Kensington Park PUD and Livingston Road right of way on the west side. To the east are previously approved Whippoorwill Lakes, Whippoorwill Pines and Whippoorwill Woods PUD. To the south is Balmoral PUD, and just to the south along Livingston Road are a couple of large agricultural parcels. Staff has reviewed this PUD for consistency with Growth Management Plan. We believe it is consistent. We believe that the densities are consistent with what has been approved recently for properties that are along the Whippoorwill Lane and in that area falling within the residential density band of the activity center. If approved, this PUD will provide basically two residential development tracts: One to the east, one to the west, with a flow-way, 19-acre flow-way, which will bisect it from north to south. This flow-way is required by the Water Management District. Also, if approved it will provide recreation, gated access, open space and some lakes and have access off of both Whippoorwill Lane and Livingston Road. At this time, I'd like to take questions. COMMISSIONER MAC'KIE: I have one. CHAIRMAN CARTER: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: It's my understanding that this flow-way is part of the overall system that we want to see as far as the interconnection and restoration of the natural flow-way in there, and is really an important piece of that, which made me surprised that the EAC did not have an affirmative vote. I didn't really understand what the staff said about they have to have five positive votes for a positive recommendation, but it sounded like they didn't give positive votes because of a process that is yet to go forward. MR. MURRAY: Well, it's put Iow down, too, so -- right. The process was that the applicant needed to identify I believe it was around 10 acres of preservation area, and they have made agreement to do that. Page 114 October 24, 2000 COMMISSIONER MAC'KIE: But it says in here and I know you haven't turned to it, but it says something about you had gotten a letter from somebody. Let me find it. Here, says they recommend -- the motion to recommend approval failed because there are less than five affirmative votes. No official action was taken. The reasons for the negative vote were that there was no review by and 30-day letter from the Water Management. And the petitioner did not propose any additional preservation among the minimum 15 percent. Is this 30-day letter something that you have to get you just haven't gotten yet, or what is that? MR. NADEAU: For the record, Dwight Nadeau, McAnley Engineering and Design, representing the petitioner, Mr. Sam Benson. COMMISSIONER MAC'KIE: The guy in the tweed jacket. MR. NADEAU: Yes. At the EAC meeting, our first meeting, we only had four members show up, so we didn't have a quorum. We were continued into the next week. At that meeting, we did have a quorum, there were six people there. The concern of Mr. Carlson was that we had not received a 30-day request for additional information from the South Florida Water Management District. COMMISSIONER MAC'KIE: What is that? MR. NADEAU: Well, it's a process to get environmental resource permit approval, as well as water management approval from the Water Management District, and it's not typical for any county review entity to ask for this letter. However, this was the primary basis for Mr. Carlson's not supporting the petition. Council member Santos voted against it, or did not support the recommendation of approval, and therefore, it was no action based on a four-two approval vote. COMMISSIONER MAC'KIE: Even though it's not normal to ask for the 30-day letter? I don't know what that is. What is a 30-day letter? MR. NADEAU: Well, I just happen to have an environmental consultant nearby that might be able to respond to that. CHAIRMAN CARTER: I would like to know that. I would also like to know, even if it isn't required, wouldn't it be a very logical thing, in a sensitive environmental area, to obtain it? Page 115 October 24, 2000 MR. BUTLER: For the record, lan Butler, Butler Environmental. The 30-day letter that's in question is, as Mr. Nadeau said, part of our resource permitting process. You submit an application, the agencies in return send you a letter requesting additional information. The 30 days meaning they have 30 days to review your application. At that time, if they need more information, they send you a letter asking you a series of questions for more information. As a result, you respond to those concerns, it goes back to them for 30 more days of review. If they still don't have enough information or have additional questions, they send it back. And it can go on and on and on. COMMISSIONER MAC'KIE: Well, have you submitted that application? MR. BUTLER: Yes. We have had two 30-day letters or requests for additional information since then, and that letter, that 30-day letter makes no approval or any authorization to do anything. It's merely asking for additional information. COMMISSIONER MAC'KIE: But no matter what the board does today, you'll have to continue and complete that process with the Water Management District? MR. BUTLER: Definitely. COMMISSIONER MAC'KIE: I'm going to look for environmental issues everywhere I can find them, but when I look for them on your property, I see that you would be giving it a flow-way or an integral piece of a flow-way that we have to have. MR. BUTLER: We've been working with the agencies for two years prior to submittal on this flow-way concept in giving up 20 percent of the project in order to take the regional environmental impact into consideration. COMMISSIONER MAC'KIE.' You are basically the end of a flow-way that we built up above, and now it's meaningless unless we get this chunk. MR. BUTLER: More or less the headwaters and central part of this area because we are in the middle and we are designing it to take into consideration adjacent parcels. COMMISSIONER MAC'KIE: What's the 15 percent required by a lot of section numbers in the LDC? MR. BUTLER: It's actually 25 percent that the Land Page 116 October 24, 2000 Development Code requires you retain. COMMISSIONER MAC'KIE: What are you retaining? MR. BUTLER: 20 percent? Right, we are in excess of their 25 percent requirement, which includes the flow-way and MR. NADEAU: Commissioners, for the record, we are obligated to make 25 percent, and we will meet the 25 percent. We haven't identified the exact 20 acres at this point, but we are obligated to meet -- COMMISSIONER MAC'KIE: In here, it says petitioner didn't propose any additional preservation area above the minimum 15 percent required by 3.9.5.5.4. MR. BUTLER: I think that's a typo. It should have said 25 percent. MR. MURRAY: What it means is that they are meeting the minimum requirement, at least. COMMISSIONER MAC'KIE: But is the minimum 25 or 157 If they are giving away a quarter for preservation, that's one thing. MR. MURRAY: It's 25 total, I believe, percent. CHAIRMAN CARTER: Wait a minute. I need to know, is it 25, is it 20, is it t57 I want a specific answer to the question. MR. NADEAU: 25 percent. CHAIRMAN CARTER: Thank you. MR. YOVANOVICH: That is also spelled out on page 31 of the document that we have under item 2, under environmental, a minimum of 25 percent, 6.3 acres. COMMISSIONER MAC'KIE: So two people on EAC, one wanted you to be farther along in the process with the water management district than you were, and another wanted you to exceed the 25 percent preservation, and that's why they voted against it. MR. YOVANOVICH: That's correct. COMMISSIONER MAC'KIE: Because for my money, number one, you are in the process and you will have to complete the process. I don't know why that 30-day letter is meaningful at this point. Number two, if what you are doing for purposes of the flow-way meets and exceeds the 25 percent for its value to us as a part of the system. MR. YOVANOVICH: This project is in the Whippoorwill corridor, and there's been lengthy discussions about making sure Page 1t 7 October 24, 2000 we coordinate the regional water management issues as well as the traffic issues as well as the utility issues. And this PUD implements all of the requirements that were established months ago. CHAIRMAN CARTER: In that agreement that we reached with all of the PUDs in the area. MR. YOVANOVICH: That's correct. I don't know if I said for the record, but my name is Rich Yovanovich. CHAIRMAN CARTER: The other question when I met with you was the possibility between the two projects of having a boardwalk which would not interfere with that flow-way, but so that people could traverse back and forth by bicycle or walking. It is an interconnection but not infringing upon the waterway. Do we have any direction on that at this point? MR. NADEAU: Yes, we do. And again, Dwight Nadeau, McAnley Engineering, representing this petition. It's encouraged by the permitting agencies that we have passive recreation within conservation areas and we will incorporate that into any plan of development that may come forward beyond this zoning here. CHAIRMAN CARTER: Thank you. Are there questions of the petitioner or assigns? MR. OLI. IFF: No, sir. CHAIRMAN CARTER: I'll Close the public hearing. COMMISSIONER MAC'KIE: I'll move approval subject to the stipulations in the staff report. COMMISSIONER BRANDT: I'll second that. MR. MURRAY: There weren't any. COMMISSIONER MAC'KIE: Oh, I'm just used to saying that. You had them all worked out ahead of time. I move approval. CHAIRMAN CARTER: We have approval and we have a second? COMMISSIONER BRANDT: Yes. CHAIRMAN CARTER: All in favor signify by saying aye. Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries 4-0. MR. NADEAU: Thank you, Commissioners. CHAIRMAN CARTER: Okay, we need to take 30 seconds to Page 118 October 24, 2000 let our court reporters switch. (A recess was taken.) Item #12C1 ORDINANCE 2000-68 AMENDING COLLIER COUNTY'S NOISE CONTROL ORDINANCE, NO. 90-17, AS AMENDED - ADOPTED WITH STIPULATIONS CHAIRMAN CARTER: All right. C., Other: Noise ordinance. MS. ARNOLD: Good afternoon. For the record, Michelle Arnold, your code enforcement director. This item has been before you a couple of times previously. Initially we were directed to look into the noise ordinance and come up with recommendations as far as updating the ordinance. This item was back to you all earlier this year, and it was recommended that we workshop the item to get as much public input as we possibly can. The proposed ordinance that's before you has information in it that was intended to address some of the concerns that were raised during the public workshops. There are items, however, rather than going through the ordinance in detail, because we have a very long ordinance in front of you, it's 14 pages, I'm going to identify for you those items that are essential for -- from a code enforcement standpoint. One of them is the introduction of the octave band measurements. Currently we have what is called an 'A' weighted scale measurement. And what that is, is just an averaging out of the sound levels that are registered when we take a reading. This octave band measurement is much more sophisticated. It breaks the noise down and looks at it at different frequencies. That would help my staff, when we're doing a reading, identify exactly what the violation is, whether it's a high frequency -- or a high pitch noise or a Iow pitch noise, and we could better advise the violator as to how they can correct the problem. Currently we may be missing some of the actual violations to our current noise ordinance. We are also introducing with this proposed ordinance the Page 119 October 24, 2000 elimination of multiple sound levels for a single zoning district. Currently our ordinance has two different sound levels established for commercial and two sound levels established for industrial. We don't see a need to have all these different levels. We've eliminated that one which distinguishes between commercial within 1,000 feet of residential area and industrial within 1,000 feet of residential, and we're just limiting it to one commercial district and one residential district. Also, there's been some housekeeping as far as the annual noise permit requirements that I feel that are essential to our enforcement capabilities. There are a myriad of other things that are included in the ordinance that are again merely there for your information as far as input that was received from the general public during those workshops. And those are at your discretion whether or not those can stay in the ordinance or be eliminated today. CHAIRMAN CARTER: Questions-- MS. ARNOLD: We do have here today, and it's -- if you want the consultant to give you a brief information as to what their findings were. They did do a survey of the coastal community and they did two surveys out in the Immokalee area. One was just a sampling survey, another one was a three-day survey, and both findings were -- generally our average sound levels in the community are fairly Iow. And the recommendation for the Immokalee area -- and again, this was stemming from input from the workshops -- is to keep the sound levels for that area at our current standards. The ordinance standards for the rest of the community is lowering the decibel levels by five. COMMISSIONER MAC'KIE: Can I ask a question? MS. ARNOLD: Yes. COMMISSIONER MAC'KIE: If we wanted to keep the sound levels the same for both communities, do you still recommend that we adopt this change in the measuring apparatus band width or something? MS. ARNOLD: Yes. COMMISSIONER MAC'KIE: So we could go forward with -- I'll tell you what I'm going to be wanting to hear, and that is what recommendations do you have from an enforcement perspective to allow you to enforce -- to better enforce the regulations that Page t20 October 24, 2000 we currently have? And if it's with a different measuring device and that is not a terrible expense, that's one thing I'm going to want to hear about that. But basically, my assessment is that if it ain't broke, don't fix it. And there are some places where this is broken, but they're not worthy of a blanket change across the county. So I'm going to be looking for that recommendation from you, and I guess -- MS. ARNOLD: Yes. COMMISSIONER MAC'KIE: -- you gave that to us, because it's the list of what you just said that you would like to have -- you want, whether we agree to lower the -- CHAIRMAN CARTER: Decibel levels. COMMISSIONER MAC'KIE: -- decibels or not. MS. ARNOLD: The lowering of the decibel levels, you know, would be at your discretion. But the reason why it's in the proposed to changed -- and it's only the residential zoning district that's being proposed for changes -- is based on the analysis or the results of the surveys that were done by the consultants. And they were recommending a variation, so to speak, in the average sound levels that were registered within the community of approximately 10 decibels. So the sound emanating source would have a variation of 10 decibels over our average noise level. COMMISSIONER MAC'KIE: I didn't understand that. MS. ARNOLD: Okay, let me -- COMMISSIONER BRANDT: When she's finished, I have something. MS. ARNOLD: Let me try to depict it here for you. Right now, what the results of the survey produced from the consultant's point of view was an average of, say, 45 decibels for surround sounds within the community, or ambient noise in the community. 48 decibels. And then at nighttime it was lowered somewhat. And the proposed ordinance for residential is up to 55 decibels. So you would have between that -- COMMISSIONER MAC'KIE.' As opposed to now where we have 60. MS. ARNOLD: Right. So you would have that much in that red area to make noise and violate our ordinance. Before you Page 121 October 24, 2000 violate the ordinance, as opposed to, as you said, the currents ordinance is up to 60. So you have to make a decision whether or not you want it to be a 15 decibel level or a 10 decibel level difference. As far as the equipment, I think we've had readings that were pretty close when we've responded to noise complaints in the past. And I think the octave band measurement would be a great help to resolve some of those problems that we've had where, you know, the readings were close but they weren't a violation but maybe the sound was a little bit of an annoyance. And this octave band measurement would allow us to identify really what the annoyance is. CHAIRMAN CARTER: Right. MS. ARNOLD: And then -- and identify how to correct that problem. COMMISSIONER MAC'KIE: So may I just stay with that, do you mind? CHAIRMAN CARTER: Okay. COMMISSIONER MAC'KIE: I'm sorry if I'm taking more than my share of time. But the result of the octave band is we would keep the decibel level the same, but the measuring device would allow you to identify particular sounds that even though we haven't changed our DB level, we could identify that it is a violation because of its recurring sound or because -- MS. ARNOLD: Or the frequency or the pitch of that sound. CHAIRMAN CARTER: Yeah, regardless -- if I understand it, regardless of the decibel level, this is a more sophisticated piece of equipment or accurate 21st Century that helps us assess the source of noise. MS. ARNOLD: Right. COMMISSIONER MAC'KIE: Which someone told me that the City of Naples, having recently done their noise ordinance, they adopted this octave band as a measuring tool. CHAIRMAN CARTER: So regardless of what we do, I think that is the key here. MS. ARNOLD: Correct. COMMISSIONER BRANDT: Yes, yes. MS. ARNOLD: And with that, my staff would have to, you know, buy additional equipment and be trained on that particular Page 122 October 24, 2000 COMMISSIONER MAC'KIE: Cost? MS. ARNOLD: We're estimating a cost of 26,350. And that's for three testing meters and the appropriate computer apparatus to do the noise readings, as well as some training of my staff. COMMISSIONER BRANDT: May I? CHAIRMAN CARTER: Yes, Commissioner Brandt. COMMISSIONER BRANDT: From your perspective with the function you perform, and your staff, does it make any sense to have more than one standard across the county as far as noise level is concerned? MS. ARNOLD: It would be a lot easier for us to have one standard throughout the county, because then we're not having to worry about, okay, you know, are we across that particular boundary within an overlay district? You know, is it north of Immokalee or a section north of Immokalee that this noise is occurring? So it's a lot simpler to have one standard for the entire community. And when we're talking about noise, you know, everybody's sensitive to noise. COMMISSIONER BRANDT: Do you see a problem from the community point of view and the workshops that you have seen that would dictate or move us in a direction to have more than one? MS. ARNOLD: There was a large outcry from the Immokalee community to have -- or at least maintain the current noise levels. They didn't want to be restricted any further as far as noise standards. CHAIRMAN CARTER: And that's why I believe there was suggested if we adopted a lower decibel level, that Immokalee would have an overlay which would not affect them under the new decibel level, if I'm understanding that correctly. COMMISSIONER MAC'KIE: But that was the issue that the Attorney General -- CHAIRMAN CARTER: Is now raising his hand -- MS. ARNOLD: Right. COMMISSIONER BRANDT: Right. CHAIRMAN CARTER: -- and saying -- COMMISSIONER BRANDT: And as long as we don't have a special overlay, then the Attorney General doesn't have a Page 123 October 24, 2000 problem, right? MR. WEIGEL: That's what we think. COMMISSIONER BRANDT: Okay. MR. OLLIFF: Mr. Chairman, I need to point -- COMMISSIONER BRANDT: But if I may, one more question, Michelle. In looking at the rest of the community and in the workshops that you've had, how did the rest of the community react to having a lower decibel rating, compared to Immokalee? MS. ARNOLD: Well, I would have to say that Immokalee had the largest showing in terms of representatives at the workshops. COMMISSIONER BRANDT: Maybe I haven't asked my question right. MS. ARNOLD: It was -- from the North Naples area, I think there were some community members that were receptive to a lowering of standards, but we didn't have very much comment from the East Naples area. CHAIRMAN CARTER: I think probably Immokalee and North Naples had the greatest participation; one asking for Immokalee to maintain an overlay to keep the existing decibel, the north section asking for a reduction in that. MS. ARNOLD: Correct. COMMISSIONER BRANDT: Well, from my perspective, I certainly want to see that the newer, more technically advanced equipment be available for these kinds of measurements. And I think we should definitely approve that. And I don't see a need to have two different levels across the county. MR. OLLIFF: Mr. Chairman, I was just trying to point out that you do have a dozen registered speakers, and some of these people will probably raise some of these issues as we go along. CHAIRMAN CARTER: Then I think if there's not any further questions at this point from the board, then we ought to hear from the people who have signed up to speak, get their input, looking at the various aspects of this ordinance and then have a discussion and reach a conclusion accordingly. COMMISSIONER BRANDT: Sure. MS. ARNOLD: If I may, I don't want to take much more time, I just wanted to provide for you to let you know that the consultants are here, they're prepared to answer any technical questions that you might have, as well as provide you with Page t24 October 24, 2000 demonstration, if you need -- find a need to do that. CHAIRMAN CARTER: If it's okay with the board, I would suggest we hear from the people that have signed up. The consultants can be listening to that, because they may have questions that they can address for us, and that should enhance our discussion. COMMISSIONER BRANDT: Sounds good. COMMISSIONER BERRY: Mr. Chairman? CHAIRMAN CARTER: Yes. COMMISSIONER BERRY: Are we going to be able to hear what the expectation in Collier County is now going to be for noise? MS. ARNOLD: I'm not sure. COMMISSIONER BERRY: Because I don't know, I may violate it. COMMISSIONER MAC'KIE: You mean can we get him to play on the speaker what is 55 DB? COMMISSIONER BERRY: Well, I really want to know. Because if I decide to go out and yell in the middle of the street, you know-- CHAIRMAN CARTER: We're going to call code enforcement. COMMISSIONER BERRY: -- am I going to be in violation of the noise ordinance? MR. OLLIFF: You'd be in violation of a couple of others, but probably not the noise ordinance. CHAIRMAN CARTER: Depending on just how you were attired and everything else. I mean, I don't know. MS. ARNOLD: Well, there is some language currently in the ordinance that makes reference to those things that you raised earlier, you know, with the yelling and those type of-- but if-- it's not in the ordinance today, if you decide do remove it, then if you yell, there's nothing that I can do about it. COMMISSIONER MAC'KIE: Unless you do it in a way that violates our noise ordinance as it's currently written. And you can stand outside and scream long enough that you'll, you know practical about this whole thing. COMMISSIONER BERRY: Obviously. CHAIRMAN CARTER: And then go to your neighbor's yard. COMMISSIONER BERRY: But here again, I'm trying to be And I agree, I think the Page 125 October 24, 2000 equipment thing, Michelle, for your department I think is probably, you know, a given. I don't know how anybody can fault that. But I'll tell you, I do have some concerns in regard to -- because here's what I can see happening. Everybody knows that part of this whole big issue has to do with the concrete plant up in North Naples that was moved up there umpteen years ago, probably back in the early Seventies, if not the late Sixties. And the area grew up around that concrete plant. At the time it went up there, there was nobody there. Because I remember it. MS. ARNOLD: Right, similar to the airport. COMMISSIONER BERRY: Similar to the airport. COMMISSIONER MAC'KIE: Similar to the landfill. COMMISSIONER BERRY: Similar to the packing companies out in Immokalee. My concern is that all of a sudden -- I know you don't want to have this. I understand not having the separate overlay. However, if you have a certain level that you're talking about, say like the Krehling plant or what have you, you can have a very similar situation in Immokalee with those packing plants. And the reason I'm saying, the next thing you know, you're going to be imposing on them, just as you're trying to do with Krehling, to spends hundreds of thousands of dollars to quiet those plants down out there, and they're already suffering economically. And about the time you tell those packing houses you've got to quiet down those packing houses and encloses this is area, you're going to have some real problems out there. And rightfully so. I'll be leading the group down the road in opposition. MS. ARNOLD: I think in Immokalee it's not going to be the same situation as Krehling, just because of the preliminary results that we've received from the consultant's report. There are some plants currently in operation, and grant it, the season is not at its height right now, and there was no noises other than recreational type noises other that are just, you know, your football game going on or your volleyball game going on in the backyard that were in excess of this -- anywhere close to what the established noise levels are. And when we have the height of the season, the ambient noise is going to go up so, therefore, the rest of the noises will Page 126 October 24, 2000 be muffled out by that surround now, so it doesn't -- COMMISSIONER BERRY: Okay, so that's going to be the level. If the ambient noise at what, I mean, any given time? MS. ARNOLD: At any given time. COMMISSIONER BERRY: Is at a certain level, then what's the rest of it? COMMISSIONER MAC'KIE: Then the question is, do we want to allow noises to go 10 or 15 percent? MS. ARNOLD: Well, let me just explain -- you've received a hand-out, and on that hand-out it gives you some information as far as the noise levels. The green line represents Collier County. The purple is Chicago. And just so you understand what I'm talking about when the ambient noise changes, the ambient noise in Chicago is obviously a little bit louder than Collier County, but both those lines represent a 55 decibel level. And because the ambient noise at this frequency is higher in Chicago, you're going to get a higher reading. And at the -- at a different frequency, lower down on the chart, you're going to get a lower frequency, all -- what that's saying is Collier County has some more high frequency noises than Chicago. But those are the same measurements on the meter. So when you have higher background noises, you're going to get different readings. COMMISSIONER BERRY: I think I'm going to learn more about this than I ever wanted to. MS. ARNOLD: I know. I've learned a lot more than I ever thought I would. CHAIRMAN CARTER: I would suggest we go to the public, to the people that would like to speak to us. The consultants can listen to all of this, and then help us through these issues that we need to address, because it's more than Commissioner Berry, I think it's more than pack plants in Krehling. I've got some other initials in the community that are coming forward. Out of this I would hope that we could find some way to work through this, A, to deal with the current situations, B, as we develop areas in the future, that we certainly have intensity dropping down in surrounding areas where we don't get in this trap again. Because it's -- there's potentially ones out there that are being built that in the future you could be sitting here five or Page 127 October 24, 2000 six years from now and have this same kind of discussion. So long-range planning and doing the right thing would probably head that one off. So I would move to hear what the public has to say, get the consultants' input and then we will continue and try and figure out what we're going to do with this. MR. OLLIFF: Mr. Chairman, the first speaker is David Klaiber, followed by Ken Havemeier. CHAIRMAN CARTER: And how many do we have? MR. OLLIFF: You have 12. CHAIRMAN CARTER: We have 12. That could be an hour's worth. Maybe we want to take a quick stretch here for the recorder and everybody else before we start in this, if you allow us five minutes. I think we ought to all stretch and get back here, because you're going to be here a while. (Recess.) CHAIRMAN CARTER: You want to push the button over there? We're on. We're back in session. Thank you for allowing us all to have a short break and now we'll get back to our public speakers. MR. KLAIBER: Good afternoon. My name is -- for the record is Dave Klaiber. I'm a certified -- retired certified safety professional. I live at 12658 Glen Hollow Drive in Bonita Springs. I'm representing the Abbey-by-the-Lake community. And I've been representing and been with them since we started back in January of 1999 when we formed a task force to try to do two things: One was to try to work with Krehling in reducing the noise, or eliminating it in some form or fashion. The second thing was to try to go through the process of revising the current noise ordinance. As far as the noise at Krehling, there has been some progress made there. And that has helped. The process here at hand is something that we can thank the board for, because you all allocated the time and effort for that to happen, and we appreciate it. We certainly appreciate Commissioner Carter and your involvement and help in that area, David Weigel and his staff, and certainly Tom Palmer. And from the code enforcement people, we certainly appreciate -- because we've attended a number of meetings and have worked very diligently, we've done some of Page 128 October 24, 2000 our own independent studies by renting equipment to run the test with octave band analyzers and so forth. We've worked and cooperated with the -- with Casey Caccavari and Howard Schechter, who are the -- your ali's consultants in this matter. And thankful for the work that they've done. The focal point has been the -- as we have mentioned, has been the addition of the octave band analysis change in the current ordinance. And that has to happen. And I think we all are in agreement with that. It gives the code enforcement people now a way of addressing the Krehling noise, or Krehling type noises which beforehand you couldn't. In essence, the concepts of the proposed revision to the noise ordinance, we're in agreement with for the most part. We agree to the ordinance as long as the new standards, that is, the decibel levels in Table 1, are 55 and 50. And we -- and for those of you who have maybe not heard the noise level at Krehling would not have an appreciation for the fact that there's a lot of energy in this five decibel difference. And for those people who live in this area, that energy is extremely intrusive, simply because it is of Iow frequency, it's on a repetitive cycle, it's predictable, and it has somewhat of an impulsive characteristic to it. Although it is classified as pure tone. And you have to -- in order to even analyze pure tone, you have to have an octave band. And that's part of the -- and that's part of your ordinance. And that gives a five DB corrective factor. So we agree with the ordinance. We strongly recommend that you vote in favor of the reduction in the decibels for Table 1, that's the 55 for daytime and 50 at night, and certainly with the values that are in Table 2, which deal with octave band analysis. As far as procedures for B-l, which deals with testing, we feel that when a person comes out to do the test, that they automatically do both the A scale, which deals with Table 1, and with the octave band analyzer for dealing with Table 2, the octave band analysis, which gives you a frequency test. CHAIRMAN CARTER: You need to summarize, please. MR. KLAIBER: So we strongly stress the training for the people. And for the Sheriff's Department. The Sheriff's Department has to be a part of that, we feel, of that training. And certainly a workshop for the board would be mighty, mighty Page 129 October 24, 2000 helpful. Just to call your -- quickly, just to call your attention again, one sentence; Whereas, it is hereby declared to be the public policy of Collier County that every person is entitled to sound levels that are detrimental to life, death, health and enjoyment of his or her property. And we think that the values that are in the current proposed standard will do that. CHAIRMAN CARTER: Thank you. MR. OLI. IFF: Next speaker is Ken Havemeier, followed by Richard Nogaj. CHAIRMAN CARTER: Just a reminder, all speakers, you do have five minutes on this, so please be concise and have your points so that we can give everybody the opportunity to be heard. Thank you. MR. HAVEMEIER: For the record, my name is Ken Havemeier. I live in Abbey-on-the-Lake. And I represent the task force that we put together about 24 months ago, and that was a time in 1998 when the noise got to be so intrusive that it was necessary that we took it upon ourselves to get something done, so we did some testing. I represent probably about 3,000 households in our community, which is Westgate, Abbey-on-the-Lake, Waybridge Golf Estates, Imperial Golf Estates, Imperial Gardens, Bermuda Greens, The Island, Wedgefield Park Place, Park Place West Manor, Manors Regal Lake, Collier's Reserve, Landmark Estates, Caribbean Park, Land -- San Marino, and Wiggins Lake and Preserve. Those are the communities basically that I'm representing. We have a noise in our area that is absolutely unacceptable. You cannot sleep at night with your lanai doors open; you cannot have a dinner in the evening with your friends and enjoy your lanais because of the intrusiveness and repetitiveness of the sound. It just gets to you. There's no way that you can sleep. I have slept in my walk-in closet in my bedroom. I'm the guy that did that. It was on the radio, on TV, and I'm the person that did that. And I'm not ashamed to say it. And I covered my ears with towels so that I could get a decent night sleep. Well, last night was the same thing again. I did not sleep in the closet, I slept in my bed. However, it was -- I had to keep all Page t30 October 24, 2000 my doors closed. So this is an ongoing thing. When they said that Krehling did something, yes, to the north they did. But to the south they haven't spent 10 cents to do anything to improve the situation in our area. So we get that sound just like we did 24 months ago. And I would like to suggest to the board that you take it under serious consideration and approve the amendments that have been suggested to the present code, especially the decibel levels and the testing for Table 2, and so that the code enforcement people can do their job. I have called the Sheriff's Department. I've had them there and they come out there and they say Ken, there's nothing we can do for you, because they are not in violation of the present code. Which is not true, because we took tests which clearly shows that they were in violation even of the present code the way you now have it in Table 1. So I would highly recommend that you accept all the changes that have been suggested as an amendment to the present code. Thank you. CHAIRMAN CARTER: Thank you. COMMISSIONER BERRY: Mr. Havemeier, can I ask you a question? MR. HAVEMEIER: How was I -- COMMISSIONER BERRY: How were you authorized to -- MR. HAVEMEIER: Okay, we had meetings. We were -- we probably had like 20, 25 key people together from every group. I have -- you know, people from each community that attended our meetings. And I have it all documented here, Mrs. Berry -- I'm sorry, Commissioner Berry. And so they asked me to represent them at this meeting. COMMISSIONER BERRY: Okay. The reason I asked, because I have spoken to -- I happen to have a family member that lives over in Imperial and they've not ever heard anything. I've been over at their house many, many occasions, and I have to tell you that where they live, you don't hear a thing. MR. HAVEMEIER: Well, I have a-- COMMISSIONER BERRY: In all fairness. I mean, I just -- and they said they received nothing about authorization to you to represent. MR. HAVEMEIER-' Okay. I'll tell you where the Page 131 October 24, 2000 representation came from. That -- Imperial Golf Estates came from Beverly Davidson, who was the president of the association for that county. And I was to their meetings and everybody at the meeting agreed that I was supposed to represent them at that meeting. COMMISSIONER BERRY: I just think -- that's fine. I'm not questioning that. If they told you to do that, that's fine. But I think one has to be very careful -- MR. HAVEMEIER: Yes, I understand. COMMISSIONER BERRY: -- when one represents that you are representing an entire area. Because there wasn't an authorization sent from all residents to authorize anybody to speak for them. MR. HAVEMEIER: Well, we have key people, though, from each dis -- from each community at our meetings. I don't want to argue that. COMMISSIONER BERRY: That's fine, we're not going to argue it. CHAIRMAN CARTER: No, I think what happens here is that associations, as we know, have boards, and they meet and a certain number of people go, and that board then will duly constitute a person to represent, quote, the association, which in turn theoretically represents all the people within that community. Now, that does not mean that everyone in that community may belong to that association. They may not have been notified by that association. But I think that's what Mr. Havemeier is saying here-- MR. HAVEMEIER: That's correct. CHAIRMAN CARTER: -- and I think he has it documented, and I think the county attorney would value having that as part of the public record so that when we go through this process, at least we know that there were certain duly constituted bodies within those communities who said we want you to represent us. And whether or not they got an all-inclusive feedback from the membership, we'll never know. MR. HAVEMEIER: I can make, for the record here, probably -- thank you. CHAIRMAN CARTER: Okay. MR. OLLIFF: Next speaker is Richard Nogaj, followed by Page 132 October 24, 2000 Terry Lenick. MR. NOGAJ: Good afternoon. My name is Richard Nogaj. My wife Florence and I are non-for-profit developers in Immokalee, with our office at 1312 West New Market Road, in Immokalee. We represent a new 10 million dollar planned unit development designed as a traditional neighborhood that is called Jubilation. It is a 105-unit mixed income housing ownership development and the first of its kind to be built in Immokalee. I'm here today as a business and community representative and as a registered professional engineer in the State of Florida to express both my congratulations to the staff and their consultants for their energy, time, commitment to drafting this much needed new ordinance, but to also state my concerns to you, the county board, over certain aspects of this proposed new ordinance. This ordinance generally succeeds from a technical standpoint, but in my opinion fails from a constitutional standpoint in at least two areas. First, our 14th Amendment guarantees equal protection under the law. This ordinance, as it is currently written, establishes an overlay district for Immokalee; it allows for a higher level of noise in the residential areas of Immokalee. There is not the commercial area, not the industrial, not the agriculture, but the residential areas. These residents, who will be affected by higher levels of noise, are not being provided the same degree of protection as the residents throughout the rest of the county. On Page 5 of the proposed ordinance, near the bottom of the page, it states, and I quote, a petition submitted to staff by those Immokalee area residents in support of the new proposed ordinances attached. However, a petition was submitted to staff on August 21st at the hearing, but it was not in favor of this ordinance. But in fact the petition stated, and I quote, we the undersigned wish Immokalee to be covered by the same proposed noise ordinance as the rest of the Collier County. The petition was signed by 221 people. And I would like to pass that out to the board, if this could be passed out, please. It was signed by 221 people, most of whom lived in the affected area; a version of the same type ordinance for all of Collier County, which does call for the 55/50 decibel levels in the Page 133 October 24, 2000 residential areas. And this version existed well into September. This was after the three public hearings were held. But then this version suddenly and mysteriously disappeared. My second concern to express to the board is that -- is over the proposed raceway provision in Paragraph H, Page 9 of the proposed ordinance. The building of a motor sports complex in the Immokalee area could generate economic development is a fine idea. However, exempting this future complex, and I stress future complex, from the same standards as everyone else in the county that would have to adhere to, and not having it controlled by the county board, but relegating it to the permitting process, is a bad idea. The board would be setting a dangerous precedent with these special conditions for the motor sports complex. It would set the stage and be an invitation for costly delays, poor economic development, negative environmental impacts and class action lawsuits. The one location in Florida, the City of Jacksonville, that provides for a permitting process also requires that such a process be -- proposed use meet the standards and criteria as set forth in Section 656.131 of their ordinance -- and I would like to pass this out to the board -- which was a correspondence received from the legal department in Jacksonville, which reads in part as follows: Such use will be compatible with existing contiguous uses or zoning, and compatible with the general character of the area, will not have an environmental impact, and consistent with the health, safety and welfare of the community, will not result in the creation of objectionable or obsessive noise, lights, vibration, fumes, odors, dust or physical activities; will be consistent with the general character of the area and the property values nearby. I don't know where such protection in our current ordinance or any other county ordinance exists for the Immokalee residents. So maybe that could be pointed out to me. This currently written ordinance, proposed ordinance, with its special and peculiar conditions sets no standards. In fact, on Page 9, Paragraph H, regarding the Immokalee proposed raceway, it states that the motor sports complex can exceed the maximum levels specified in this ordinance. I don't understand then what is the purpose of this ordinance. It appears that one purpose may be to provide little Page 134 October 24, 2000 protection, as it currently -- as this ordinance is currently written, for the residents of Immokalee living in close proximity to the proposed motor sports complex. This approach most probably would result in a huge public nuisance that would be inconsistent with the health, safety and welfare of the community. Thank you. MR. OLLIFF: Next speaker is Terry Lenick. Mr. Lenick will be followed by Mr. Robert F. Naples. MR. LENICK: For the record, my name is Terry Lenick. I'm an attorney. I represent Harvest for Humanity. What I'd like to do is direct you toward Paragraph 6-H. In particular, that is the paragraph regarding the raceway facilities and activities at the Immokalee Regional Airport. I want to get into the problems with that particular paragraph and why it should be stricken. Number one: This is a particular area of the ordinance where you're treating a raceway facility or possible activity at the Immokalee Regional Airport separate and distinct from any other provision in this ordinance. If you'll note, the first paragraph -- first sentence states that the ordinance shall apply to the one eight-mile drag strip. But then if you go to the second sentence it states, this ordinance does not establish any sound level standards that are to apply to any future racing facilities or activities hereafter located at the airport. In other words, this ordinance explicitly excludes any type of regulation of the -- of that raceway facility. It then goes on to have -- saying that if such a facility is proposed, then we'll catch it in the permitting process, without setting any standards whatsoever what is to be reviewed, without any type of a hearing process where the public and the neighbors can come in, et cetera. There are three problems with this paragraph. One, as you're all aware, you set the law in this county, and the administrator administers the law. The administrator administers the law based upon the standards that you create. There are no standards in which -- if this went through the permitting process in which you are to determine what the level should be for that racing activity. Therefore, if I was the attorney on the other side, I would simply say look at that second sentence, it says there is no Page 135 October 24, 2000 standards. It doesn't apply. So I've -- through the permitting process, I've obeyed the law. That's it. Secondly, even if you went through the permitting process, there is one minute standard. That standard is you can get louder at the airport if you want. That is the fourth sentence. Those new sounds -- let's see, those new sound levels that's developed through permitting process can exceed but shall not be stricter than the maximum sound levels now specified in the ordinance. Although the second sentence says you're not part of the ordinance, it says if you go through the permitting process you can be louder than the ordinance. Excuse the pun, but you can be louder than the ordinance. So there's three problems with it: No standards; if you -- what goes throughout permitting process gets -- you can apply -- you have to -- you can't get any stricter. You can get more lenient. No process by which the administrator can administrate. There's nothing in your permitting process that permits it. It's not a variance of a zoning code. It's not a special exception or conditional use, as it may be called down here. And most importantly, there's no public input in the process. In other words, let's say they wanted to -- let's say they had a variance process. That would allow a public input to talk about this. Right now if you adopt this 6-H, my client can't come in, has no standing to come in the middle of the permitting process and say hey, look, we don't think that this is appropriate more lenient standard that you're applying. This 6-H is a mechanism by which to avoid the laws that you're applying to everybody else. And if the ordinance is good enough for Krehling, why is it not good enough for the county? I ask you to take away 6-H. CHAIRMAN CARTER: Okay. MR. OLLIFF: Next speaker is Mr. Robert Naples, followed by Dawn Jantsch. MR. NAPLES: Good morning, commissioners. My name is Bob Naples. I'm a retired consultant engineer, primarily in industrial gas turbines and power plants. I also represent the community of Collier's Reserve. I'm on the northern end of that property. Commissioner Berry asked who authorized the people to be Page 136 October 24, 2000 in charge. The board of directors from Collier's appointed me and I appointed Mr. Havemeier. I only really wish to reiterate the comments made by Mr. Klaiber in essentially saying exactly how we feel. The problem is that you don't have to be a rocket scientist to understand that Krehling is knocking people out of bed and it's an annoyance and it should be stopped. Thank you. MR. OLLIFF: Following Ms. Jantsch will be David Ellis. MS. JANTSCH: Good afternoon. Dawn Jantsch, representing the Naples Area Chamber of Commerce. First I want to thank the Chair for announcing that the Chamber of Commerce is a great place for important people to meet. Secondly, I'd like to commend the staff on the hard work that they did on this ordinance. I know this has been a very long process and very involved for the staff with a lot of time, so I want to thank them for that. I'm actually here to commend Michelle Arnold for what she said about the ordinance this afternoon. She needs the equipment, from what I've understood. And from what I understood from the board's direction when this process began last June, I think is when it was, what you had wanted was to get some equipment so that Michelle could go out and do the correct enforcement that she needed to do. The ordinance has gotten a little bit stronger than that. It has some unusual and interesting language. I don't think that the Chamber of Commerce can exactly go on record as endorsing language that prevents whooping and hollering and whistling, but I would like to go on record as being specifically against certain sections of the ordinance, and that would specifically be Section F-7, or the unauthorized sound promotion of commercial activities. I think the ordinance has gone very, very far beyond its original intent. I do support the equipment and the purchase of the equipment with training of the staff, but I cannot support the rest of the ordinance because of the different language in it. And I also would like to remind you that that language in two sections, that and also the unnecessary sound section, includes a section that requires no testing, or no testing equipment, should there be noises. I'd like to bring that to your Page 137 October 24, 2000 attention, because that eliminates the need for the equipment. It kind of seems rather contradictive. Thank you. COMMISSIONER MAC'KIE: I need to get that again. COMMISSIONER BERRY: On Page 8, Pam, go to the bottom of the page. CHAIRMAN CARTER: On the bottom it says -- COMMISSIONER BERRY: It's that last sentence. CHAIRMAN CARTER: -- no testing equipment is required to issue any citation or to prove any of these violations as pertaining to that section. Which I think prior to that talks about a water craft or vessel or otherwise from water. In other words, if you're speeding in a boat out there in the Gulf, I guess -- COMMISSIONER BERRY: Well, it also talks about, Jim, about no person shall whistle, yell, shout or operate any whistle, rattle, bell, gong, clapper, hammer, drum, hand organ or sound-producing instrument or device for commercial or business et cetera, et cetera, et cetera. COMMISSIONER MAC'KIE: Thank you. MR. OLLIFF: Following Mr. Ellis will be Bob Mader. MR. ELLIS: Good afternoon. I'm David Ellis with the Collier Building Industry Association. And again, I would reiterate many of the things that Ms. Jantsch just said in concerns from the business community. I think we certainly want a noise ordinance that takes into account the concerns of the citizens and that we have a good, positive living environment. But at the same time, also a good environment for our business community and the continuing building environment that we bring into Collier County. I guess really in a nutshell to summarize really the thoughts that we've had in this process, we're very complimentary working with the staff. The staff's been very accessible, outside of your consultant. But the ordinance that's come around -- when we first met, I guess the intention that we felt was going to come was that we buy new equipment and then from there be able to see how that kind of goes. What I think we would recommend at this point would be the equipment is fine. It sounds very appropriate in order to really analyze the existing situation in the county and what's going on. But I would urge you perhaps keep the same decibel levels we Page 138 October 24, 2000 have today and see how that fits in going forward and perhaps, you know, analyze it into the future. At this point, as we lower that standard, it really raises a number of questions between residential areas. That could be problematic. And I think as you read the ordinance -- I mean, today I think one of the things that we've said is we've looked at it, in talking with staff, we're comfortable with how your staff interprets parts of this today when you talk about it with them. There's some question about the hooting and hollering and those types of things. And your staff says, oh, no, no, no, this is what we mean. But if you took that and put it in the hands of someone who perhaps wasn't as open or thoughtful, it could be very difficult. And I do have concerns long-term for the business community, what it could mean business to business, as well as business to residential, and would maybe encourage you at this point, the new appropriate -- the equipment sounds appropriate, perhaps sticking with the decibel levels we have today and seeing how that evolves. Thank you. MR. OLLIFF: Following Mr. Mader will be Bruce Anderson. MR. MADER: For the record, my name is Bob Mader. I live at 1210 Yesica Ann Circle, in North Naples. And I also have been a member of the Noise Abatement Task Force for the last several years, and I just want to point out a couple of things. Number one, we recognize the Krehling Manufacturing Plant has been in existence long before we were there. We also recognize, however, that up until two years ago the Krehling Manufacturing Plant basically had their production during the daytime hours. And although we had lots of complaints from our residents during the daytime hours, we reluctantly went along with that situation, I guess sort of recognizing that Krehling maybe had been there for some period of time. And, by the way, the ambient noise during the daytime hours was such that maybe that noise wasn't as intrusive, although it was bad, as it became when they began operating 24 hours a day. And that's when the problem really began. Because we have invited in the past commissioners to come out, code enforcement to come out, legal to come out during the evening hours, sit on our lanais and hear that noise and imagine they, having a little social activity or sleeping in their bedrooms with Page 139 October 24, 2000 their lanai doors open, and state that the quality of life of our people hadn't been seriously affected. So really this came to a head two years ago. That's when we got with Commissioner Carter, legal, code enforcement, and brought this matter to their attention. It also came to their attention, by the way, with many letters from other residents, letters to the editor in the paper, major news articles in the Naples Banner, and many petitions were signed. And this all came about in the last two years. Now, it's my opinion, by the way, and we've had a lot of discussion on this today, but I just want to summarize my thoughts, the requirements in the amended ordinance that you are being -- to be considered today in my opinion are absolutely minimum to meet the stated purpose of this ordinance, which David Klaiber just talked about, and that is that every person is entitled to sound levels that are not detrimental to light, health and enjoyment of his or her property. And this is something that the thousands of residents surrounding the Krehling plant and, by the way, others throughout Collier County have not been entitled to for some time. And passing this ordinance that you have in front of you will go a long way to make that happen. Thank you. MR. OLLIFF: Next speaker is Bruce Anderson, followed by Tom Maher. MR. ANDERSON: Good morning, Mr. Chairman -- or afternoon, Mr. Chairman and commissioners. My name is Bruce Anderson. I represent WCI Communities. And I would address myself to the provisions which deal with grandfathering of utility facilities, air conditioning and heating equipment, et cetera. We speak in support of that particular paragraph. Grandfathering of existing mechanical equipment such as air conditioners, pool pumps, et cetera, is the fair thing to do, rather than to force property owners to retrofit existing equipment which had been in compliance under today's ordinance. Without that language in the ordinance, every existing condominium and indeed every existing business could potentially be in violation of the new ordinance, even if today they are in compliance. One clarification question I have is if the Immokalee area standards are dropped, where does that leave us with respect to the grandfathered equipment? Because the language in this Page 140 October 24, 2000 ordinance makes reference to the Immokalee area overlay standards for what will be applied to the existing grandfathered equipment. So if you drop the Immokalee area overlay standards, you're going to need to address that omission in your grandfather language in that paragraph. CHAIRMAN CARTER: Meaning that if we drop that, we would then have to include the grandfathering to Immokalee? MR. ANDERSON: No, you would need to make clear that instead of making a reference to the Immokalee area overlay standards that make reference to the old ordinance, I suppose. CHAIRMAN CARTER: Okay. Wordsmithing. All right. MR. OLLIFF: Mr. Maher will be followed by Ken Cuyler. MR. MAHER: Good afternoon, commissioners. I'm Tom Maher, president of the Claridge Condo Association. On behalf of the owners, we approve the new ordinance with the exception of the grandfathering clause. We're concerned that we have a unique installation next to us. We are the Claridge. Next to us is the Marbella, which has 120 units, and has a chiller installation. Chiller is very unique and maybe you're all aware of it, but it concentrates the needs of 120 apartments in one building, which happens to be next to our building, and it's very unique in the Collier County high-rise community. And we'd like to have an exemption on the grandfathering that high-rise, particularly with chillers, be exempt for that grandfathering clause. I think there's only two or three installations in the whole county, and it wouldn't harm any people with that kind of a change. It's still a very bad noise for us, and we'd recommend that the grandfathering clause be amended to take care of high-rises, especially with chiller installations. Thank you. MR. OLLIFF: Next speaker is Ken Cuyler, followed by the last speaker registered, Karen Bishop. CHAIRMAN CARTER: As Ken is coming to the platform, let me just comment on Mr. Maher's situation. Currently WCI and the Claridge and Marbella are working on this, because it is a chiller situation. And WCI has committed $50,000 to correct that problem. I think they will, with their noise experts, work through that. And I think that's why the request is there, is that they don't want to interrupt that Page 141 October 24, 2000 resolution. Sorry. Ken? MR. CUYLER: Just for clarification on that point, Commissioner, before my time starts to run, you're indicating that you would be in favor of that grandfathering provision staying as is? CHAIRMAN CARTER: Staying as is, with the exception of the stipulation Mr. Maher is referring to, because I don't want to disrupt the process where they're going to resolve that issue. And I don't want to -- if we remove that, it may imply that we don't have to go forward with that. And I don't want to disrupt that. And if there's only two or three situations that it affects, it may be something we have to deal with separately. I don't know MR. CUYLER: Okay. I may need to address that for another client, but for the record, Ken Cuyler with Goodlette, Coleman and Johnson. I represent Krehling Industries. And as Commissioner Berry mentioned earlier, when you look at the perspective of the owner of Krehling Industries, it's quite a bit different than the surrounding residents. And I usually don't bring pictures to the board meeting, but I wanted you to see -- CHAIRMAN CARTER: Is that off the current issue of -- oh, right, okay. MR. CUYLER: I asked Mr. Krehling, could you give me a picture of the residents that you affected when you built your plant, and he gave me this. And I'd like to hand it to Commissioner Berry. CHAIRMAN CARTER: As long as it's not a gift, you're all right. COMMISSIONER BERRY: I'm not keeping this. I don't need any more stuff. MR. CUYLER: As you can see, there's virtually no one in the area. So I think obviously the commissioners have to pay attention to the residents to some degree, but I want you to keep in mind where this plant was and who was around it and who was not around it. I would also like to thank staff briefly for their cooperation. They've always been available to us as well for meetings. Krehling is in compliance with the current noise provisions. They meet the standards right now. Regardless of what you've Page 142 October 24, 2000 heard, code enforcement has been out there and they meet the standards right now. Krehling has put -- I don't have an exact figure, but it's probably over 150,000, probably approaching $200,000. And it's not because of the new ordinance, as the gentleman indicated earlier. It's because Commissioner Carter and some other people asked us to take a look at it. There was not even a first draft of that ordinance when Mr. Krehling started looking at this and started putting some money towards it. The biggest concern that I have is in that picture right there, there are residential multi-family dwellings that have been built virtually on the lot line of Krehling. And the question becomes who is supposed to take some responsibility for this situation? Is it only Mr. Krehling? Is it only Krehling Industries? The county had some responsibility. It allowed zoning adjacent to a concrete plant. The residents have to take some responsibility. It seems to me a little absurd that you move in next to a concrete plant and then say hey, there's a concrete plant that's making noise next to me, Commissioner, do something about it. So that has some -- I have some concerns about that. If the regulations were to stay at the level that they are today, and frankly, a lot of the things that I heard to begin with was we just -- from the residents is we just don't have the right equipment and the right analysis to test Krehling, or they would be in violation. If that's the case, I would ask the Commission to consider leaving the standards as they are today and give the staff the new equipment and adopt the octave band, if that's what you wish to do. We feel that we can come close to meeting those, and if not, then Mr. Krehling can spend some additional money to do that. With the lower standards, our consultant has told us it would cost plus or minus $t00,000 per decibel, per decibel, to lower to the new standard. COMMISSIONER BERRY: How much, Ken? MR. CUYLER: Plus or minus $100,000 per decibel. We're looking at probably 4 to 600,000 to lower by five decibels. He's willing to spend some money. He wants to be reasonable. He's been reasonable in the past. But I'm not sure I consider that to be reasonable. I would hope that you don't Page 143 October 24, 2000 consider it to be reasonable, particularly under the circumstances in looking at that picture. And people can say well, that's not the way it is now, but residents have a lot of rights. They also have a right to live where they want and they have a right to evaluate the area that they move into. So if you move right next to a concrete plant, then you have to take that into account. So if the board could set up some type of buffer area, 500 feet, 750 feet around Krehling Industries and maintain the same standards, we think we could live with that. CHAIRMAN CARTER: Okay, thank you. Thank you, Ken. I understand that point. I would just go back to an experience in north Chicago with a company called Abbott Laboratories. The community grew up around that plant. I could probably have shown you a similar picture. They had an awful foul smelling process, and eventually they had to spend a lot of money in cleaning up for that neighborhood. So I think there has to be a workable solution to this, and I do give Hank Krehling and his company a lot of credit for the movement they have made. Their noise experts have been working with our noise experts. I certainly wouldn't want to disrupt that process. So I hope we don't get into an adversarial relationship over trying to resolve this in a noise ordinance. MR. CUYLER: And just real quickly, so I'm not misunderstood, when I mean a buffer area, I mean some area next to the plant within which someone who moved cannot make a complaint. If you're 50 feet from the plant, then the county's not going to say fine, you're on the same level as everybody else, you can come in and complain about the noise next door that you moved next to. Thank you. MS. BISHOP: Good afternoon. Karen Bishop. I work for Mr. Krehling. I wanted to clarify a couple of things I had heard from a few speakers and speak to you about Mr. Krehling's -- his commitment in general to his business, to people that work there, and to the neighborhood. When he spent the money over a year ago to cover the paver block plant, it was a complete enclosure. It wasn't on one side so another side would be slighted, it was a complete enclosure. That enclosure cost over $100,000. Page 144 October 24, 2000 Prior to that enclosure, we hired noise experts to come in. We searched the state, found someone who could measure noise, got measurements, went to manufacturers, came up with the idea that this needed done, and then Hank flew across the United States looking at different places where this had been done, and then hired these people to come down, custom build this facility. We have looked at a lot of other options on the other parts of the plant. Unfortunately this equipment is something that has to be workable. You have to be able to move in and out of it. There's safety issues, a lot of things that go along with the concrete plant than the simple answer of covering the facilities. We are still looking at other options. Concrete block walls help to some degree, but on our south property line there is a two-story, multi-family building whose entry is over the top of the 10-foot berm/vegetation wall we have on that south line. Unless I build 10 more feet above this guy's facility, now I'm looking at something like a 30-foot wall. I don't know how we can affect everybody with any kind of remediation. The other situation that kind of boggles my mind is that why is it that Hank is the only one that has to make a financial contribution? Why not some of the people that live in those areas? Maybe windows that could be soundproofed, additional insulation. There are building standards that can be met to help with remediation also. And if we're going to allow people to move next to these kind of facilities, then perhaps we should have some building standards that go in both directions. Now, right now Hank has new plants that we are planning, and I can assure you that we have those extra steps already for our future planning to make sure that we are looking for noise issues with surrounding neighborhoods by making our facilities. But retrofitting facilities that have been in place since 1972 is a little on the difficult side. Now, as equipment wears out and we replace things like fans and pulleys and things like that, then those will be upgraded to more quieter standards and would be obviously equipment that we can control. But at this point, we see a lot of money going out and we're not seeing that much decibel changes in what we're going to get in return. So we're at a loss here. We would like to know when would Page 145 October 24, 2000 be enough. And the truth of the matter is, no company can take a half a million dollar hit and not feel that for years and years. The money in concrete is in the production of it, the mass production of it, not -- so a half a million dollars out of a production in a year could probably put him out of business. So we're looking for something that would be reasonable for us to try to accomplish. We don't want to seem like we're not trying to work with the neighborhood, because we already have spent our money, we're already doing the things that we need to be doing. We want to continue doing those. But we feel concern that it's never going to be enough. And we don't know when we are going to be able to get to the point where everyone's going to be happy. I believe that Hank has tried his best and is going to continue to try his best, and it would be nice if there were some concessions, and the things that we can live with now is there, and continue to do more things for the future building. Thank you. CHAIRMAN CARTER: Karen, can I ask a question? Now, Krehling Industries is currently owned by another company? MS. BISHOP: Correct. CHAIRMAN CARTER: I don't know whether this is a conglomerate or-- MS, BISHOP: Correct, one in England. CHAIRMAN CARTER: One in England. And I can understand that. And it's a privately held corporation, so there's no -- to my knowledge, it's privately held and not a publicly held corporation. So we don't have any way to assess their economic or financial stability or -- in that case. I guess -- and I understand where you're going with that question. But if you have benefitted a long time from whatever you produce and you're now owned by a conglomerate that wants to stay in that business, there may be opportunities that we can work through some scenario with that. But I would question, are we really financially impairing a conglomerate because we are making a request for improvements in one of their subsidiaries. MS, BISHOP: Well, I guess they're -- you know, it depends. I don't really know enough about the conglomerate in general, but I would think that when you look at a bottom line that there is -- Page 146 October 24, 2000 as it stands now, the money we've spent to date has been -- CHAIRMAN CARTER: That's not for you, I interrupted you. MS. BISHOP: That's okay. The money we've spent to date has been not in the budget; has been something that we've had to go back and not been able to tell them how much we need, but literally have had to go back and back and back and back and say here's money for this consultant, we've had to fly -- our other consultant is from Texas that we are using now. And then of course the manufacturing people that come and the other things that are going through. I mean, all of this is on and beyond the working operating budget for Krehling Industries. Now, the good thing that's come out of this is that our future planning now has budget items for noise abatement so that we don't get ourselves in a situation in the future, that we're doing the things we can do to try to bring that back. But, you know, I'd like to know that the buildings that go up next to me, knowing that they're there has the same thought process, that they're going to be upping their standards, soundproof windows, insulation, the things that they can do to be responsible for making the choice to move next to a concrete plant. Or to an airport, or a raceway, you know. I mean, I grew up on military air stations. So right at the front gate said pardon our noise, sound of freedom. So I'm used to it. We chose -- my father chose to live there. He chose to be in the Marines. So that's kind of the way I feel. CHAIRMAN CARTER: Thank you. MR. OLI. IFF: That's all your speakers, Mr. Chairman. CHAIRMAN CARTER: All right. Now. COMMISSIONER MAC'KIE: Close the public hearing? CHAIRMAN CARTER: Close the public hearing. Now we can discuss this. Board members, would you like to hear from the technical experts -- COMMISSIONER BERRY: I want to hear some sounds. CHAIRMAN CARTER: Okay. Let us hear from them, as they have listened to all the concerns of the speakers who have been in front of us. MR. SCHECHTER: Thank you, Mr. Chairman, members of the board. For the record, my name is Howard Schechter, director of Midwest Environmental, with our main office in Chicago, Illinois Page 147 October 24, 2000 and our South Florida office in Cape Coral. I'd first like to thank, as many of the residents have thanked and many of the industrial people have thanked, this board and Michelle Arnold and Dave Weigel and Tom Palmer for this long process that you've put up with us and funded us and had concern enough for noise here in Collier County to bear through all of these hearings and the workshops of course that Casey Caccavari, our South Florida office manager, gave with Michelle throughout the county. I'd like to preface this by saying that having been also a noise control consultant for 30 years, I can completely commiserate with Krehling's situation in regard to trying to reduce a very large noise source. It is a tremendous economic burden in many ways to do this. I've worked in companies like LaCleed (phonetic} Steel, in Alton, Illinois, who had an electric arc furnace with a very similar massive sound energy that's attendant to that, and it cost them a lot of dollars to try to come into compliance with the State of Illinois regulation. I think $100,000 per decibel seems an awful pricy amount. And hopefully if we have some input to their report and we can talk to their consultant sometime in the future, we'd like to perhaps pow wow and see if we can get that number down a little. It seems like an awful lot of money per decibel reduction. I've never heard of such a high number, except maybe for large aircraft. I have completed a survey in Immokalee, and we finally did get a chance to go there and do two surveys, one Mr. Caccavari completed on his own, earlier in the year, meaning in August. And I completed a survey when there was some packing going on in late September. The results are sitting over here on this chart, and are also being displayed currently up on the monitor. The thing we discovered, and I didn't know what to expect going out there, is that the general noise levels in Immokalee are more or less the same as they are daytime and nighttime here in the rest of Collier County, and that those numbers are actually somewhat lower than I anticipated. And that that was a bit of a surprise. Now, understand that even though this was done in late September, perhaps by January and February, some of the truck Page 148 October 24, 2000 traffic and other sources would go up to some degree, as one would expect. There's more activity in packing. However, the theoretical increase, given the data that I've been taken here, wouldn't be more than about three to four decibels above the normal levels that you see displayed here. And those normal levels, if I may just go over to the chart -- CHAIRMAN CARTER: And if you would take the microphone to your left, sir. MR. SCHECHTER: And I will -- first of all, if I may address the issue on air conditioners. Very fortunately the place where we took our readings was in the backyard of the nearest single-family unit dwelling, or residential family unit dwelling in the Immokalee area, which was on Adams Street, with line of sight to New Market Road. So the truck traffic on New Market Road, which we were able to see, line of sight, with our microphone, which New Market Road would be in that direction from where this microphone is. We had line of sight. So we were getting approximately oh, one to two trucks per minute during the daytime over here. Now, we would expect that possibly that could increase in the December and January conditions to maybe double that. The theoretical increase in the noise from truck traffic then at that time in December would be another three decibels above these levels. So the current levels we're looking at in the daytime in Immokalee range from 50 to 53 DBA during the day and from 47 to 48 DBA at night. Now, you might be looking at these large excursions here on this chart. And what that was is we happened to pick the one residential area that was a focus point for volleyball games in the backyard on Thursdays, Fridays and Saturdays. And of course we did our readings between Thursday, Friday and Saturday. Yes, this is the whooping and hollering and yelling and background sounds in the backyards, which hopefully clearer heads will prevail on this and this will still be allowed and be exempted from regulation, because I think people should have a right for some kind of recreational activity, as long as it doesn't go on too late at night. CHAIRMAN CARTER: But this is an octave band which you were able to pinpoint the exact source of the noise. Page t49 October 24, 2000 MR. SCHECHTER: Well, actually, these levels that you see here, each of these dots represents one hour of a DBA reading, okay, not the octave band level. But regardless of that, as you can see, there are certain things like volleyball games at the stadium that you simply have to exempt as far as their noise levels are concerned. I mean, people have a right to have a little fun once in a while. I mean, somehow that has to be massaged into this regulation. And hopefully it, you know, will be, whenever it is that you adopt it. I think that Commissioner Berry should have a right to go out in her backyard and whoop and holler and do whatever she wants to do. It is her private property. Okay, given this, I'd like to bring Casey up here so he could describe what --just go on? Okay. I have decided to make up a tape of an acoustic soup of Collier County. We did a number of digital recordings here in Collier County. And yesterday afternoon when this boardroom was free, we spent about two and a half hours setting levels where you're sitting right now so that you could get an idea of all the frequencies. These aren't just DBA numbers, though I'm going to explain it in terms of DBA. But you're going to get all the levels of this green line that you see here adjusted for both 50 DBA, 55 DBA, 60 DBA and 65 DBA. Now one quick caveat. The tape will only take one minute, because I only have about 10 or 15 seconds at each of those levels. One caveat. You have to understand, we're not outside here, we're inside a boardroom. It's difficult to present the authentic outdoor levels, but we've done the best we could do under the circumstances. I did have an analyzer exactly where you're sitting, Commissioner Carter, and within a couple of decibels of 50, 55, 60 and 65. CHAIRMAN CARTER: One question before you do that. Commissioner Brandt. MR. SCHECHTER: Yes. COMMISSIONER BRANDT: One question, please. The energy level of going from one decibel level to another is not linear; is that correct? MR. SCHECHTER: No, that is correct. And you will actually COMMISSIONER BRANDT: Can you help us understand that? Page 150 October 24, 2000 MR. SCHECHTER: You're actually going to be able to hear that, because Tom Palmer was sitting in your seat yesterday afternoon, and when we got to 55, 60 and 65, he said wow, it really isn't linear, it's logarithmic. And indeed, the ear does perceive sound in terms of the logarithmic change, rather than the linear change. For example, if you go from 50 to 56 DBA -- I want to be exact here -- you've changed the sound pressure level two times, twofold. It's twice the sound pressure level. Now, you'll read in the literature that if you go from 50 DBA to 60 DBA, humans perceive that as twice the loudness. But there's a caveat on that. If there's prominent tones, pure tones, involved in the sound source, and here in Collier County these are the main things that people complain about are sound or noises with discreet tones. Tones total values. Going from 50 DB to 60 DB is much more than two times the loudness. It's like three times the loudness. But you have to understand that. When the scientists start talking in generalities, that's when we have to be very careful about the reality on the streets. COMMISSIONER BRANDT.' Thank you. MR. SCHECHTER: I'm going to move these speakers into position, as they were yesterday. MR. OLLIFF.' You know this is going to become known as the Commissioner Berry anti-whooping ordinance here before we're over with. CHAIRMAN CARTER: We'll put you out there in the whooping land. MR. SCHECHTER: You may want to hear this more than once. As I say, it only lasts about a minute. The first thing you're going to hear is the Collier County regulation. This line, which currently you see here is actually 55 DBA equivalent, you're going to hear at a level 5 DB less. And then we'll go to 55, 60 and 65 so you get an idea. Hope this works. 50. I believe that's still 50. No, that's 55. 60. 65. COMMISSIONER BERRY: Well, I definitely want the Page 151 October 24, 2000 lawnmowers removed. MR. SCHECHTER: You heard that. COMMISSIONER MAC'KIE: The what? CHAIRMAN CARTER: Lawnmower in the back. COMMISSIONER BERRY: Lawnmower background noise. We have more lawnmowers in Collier County. MR. SCHECHTER: Now, you do -- I hope you -- you didn't need to hear that one more time, did you? COMMISSIONER BERRY: No. MR. SCHECHTER: I hope you did get the idea that the concept of the levels at 50 and 55, which represent your current conditions here, in -- COMMISSIONER MAC'KIE: And that would be what, about a 60? COMMISSIONER BERRY: What is that? I mean, I know what it is, but what would that tone be? MR. SCHECHTER: Up close, that's about 60. At this distance, about 50, 55. But the thing about the way we went about measuring these sounds was in a very rigorous and scientific manner. And the reason why we came up with the numbers that we came up with, which you've heard both sides of the story here, keep 55 and 60 or go to 50 and 55. The reason we came up with the 50 and 55 in the first place was that that represented the high end average levels of background in the existing community. If you go to 55 and 60, which you have right now, you would be allowing that increase of 5 DB, which you heard so prominently there at the end, slowly encroach. And if this represents sound, just take a look what happens in Immokalee. This would be allowing at night sound energy to go to 50 DBA. As you could see, not much of an impact. Because the already existing levels are well above that. If you allow to it go to 55, this -- all of this sound is eclipsed. And if you allow it to go to 60 during the day, well, the only thing that was above 60 during the day was the volleyball at night. I mean -- or in the evening hours. So I -- CHAIRMAN CARTER: So if I'm understanding you correctly, at 55 we have encompassed just about everything that transpires, other than if the one with the -- COMMISSIONER BERRY: Other than the volleyball game. Page 152 October 24, 2000 CHAIRMAN CARTER: The volleyball kind of thing. And if you got that thing out of there, then you really would be within an acceptable level to work with. MR. SCHECHTER: At 55 DBA, if you allow that during the day, it protects the environment. Not only in Immokalee, but in the other areas around Collier County. And 50 DBA simply at night allows you to have a little bit more quiet and peace when you're trying to sleep. But regardless of this, I must tell you -- and, you know, my colleague, Mr. Caccavari, might disagree -- even if you leave the levels as they are right now, the equivalent octave bands at 55 and 60, as long as you have the proper equipment, the majority of complaints will probably be taken care of, because we're considering frequency as well as level with the new regulation. And that's something -- COMMISSIONER MAC'KIE: That's what I'm going to be supportive of. MR. SCHECHTER: And that's something -- if in the future it seems like there's a problem -- COMMISSIONER MAC'KIE: Then they come back. MR. SCHECHTER: -- and there's something that can be done at a later date, if we still find that there's an enforcement issue. But as long as you promulgate a regulation that includes this frequency characterization, my belief is that you're going to protect a number of people. I would prefer to see the levels drop to what we measured throughout the county, because that represents your existing acoustic climate and it preserves and protects that pristine acoustic climate in most of the areas of Collier County, 90 percent of the county. And now I can now it also includes Immokalee, since we made measurements there. But that's up to the board. And I'm just happy that you were kind enough to allow us all this time to present our information. And I'll be more than happy to accept questions from the board, from the attorney's office or I don't know what the procedures are but if any of the residents -- CHAIRMAN CARTER: Either from the board or the attorney's office -- MR. SCHECHTER: Okay. CHAIRMAN CARTER: -- or staff, because we closed the public hearing. Page 153 October 24, 2000 MR. SCHECHTER: Understood. CHAIRMAN CARTER: Commissioner Brandt. COMMISSIONER BRANDT: Just a quick question to you. If I understood you correctly, we could stay at the currents levels, use the octave band method of determining the frequencies that are creating the difficulties, and if we did that for a period of time, reassess and then move to something different, if dictated that we do that. MR. SCHECHTER: With one caveat. There's a section in subsection M, I believe part three, that gives a 7 DBA increase allowable, if you reduce the levels to 50 and 55. If you keep them at 55 to 60, I would strongly urge you to take that 7 DBA and move it down to 2 DBA. COMMISSIONER MAC'KIE: Right. CHAIRMAN CARTER: Okay. MR. SCHECHTER: Because if not, what you've essentially done is allowed the entire county to increase by five decibels. I mean, you don't want to do that. MS. ARNOLD: And I think that there may be some other changes that we may want to look at to make sure that we're consistent with the 60 DB, 55 DB, if that's the way we go. COMMISSIONER BERRY: So we're looking at 55 and 60, but our -- and our big concern is if there's a problem, it's going -- we're going to consider frequency, meaning recurring kind of-- is that what you're thinking about, Commissioner Mac'Kie? COMMISSIONER MAC'KIE: Uh-huh. COMMISSIONER BERRY: In other words, if this is something that just goes on and on and on and on kind of thing, this is the kind of thing that you're looking at. MR. SCHECHTER: Okay. And one last thing. Collier County's octave band frequencies, the green line, not somebody else's. This is not the State of Illinois, this is not the City of Chicago, this is Collier, where you notice we allow much more noise energy on the high end basically than we do in Chicago, basically because you have more insect sounds here seven, eight months out of the year than we do. If I were to promulgate Chicago's noise ordinance -- CHAIRMAN CARTER: You think we could write code enforcement against those? MR. SCHECHTER: -- seven or eight months out of the year, it Page 154 October 24, 2000 would be unenforceable. That would be silly. COMMISSIONER BRANDT: Mosquitoes are outlawed. MR. SCHECHTER: Also, we discovered since there isn't a lot of heavy industry here in Collier County that the lower frequencies require a little bit more restriction. And that's -- so it's the green line which is given, your Table 2 of your proposed regulation that's in front of you. Thank you. COMMISSIONER MAC'KIE: I'm going to make a motion that we leave the decibel levels where they currently are, but that we authorize staff to purchase the octave band equipment, and that we reassess this in six or nine or 12 months to see if we have addressed the problems with particular attention to the Krehling Plant and the area there. I acknowledge that they were there first. I appreciate their willingness to work with the community and want to encourage them to continue to do that. Hopefully we will have a bigger stick by virtue of this new equipment. But I would of course want this sub M Part 3 changed to read 2 instead of 7. But also just to direct staff to make whatever modifications are necessary to affect those changes. Are there other items? MS. ARNOLD: I just wanted to add that the ordinance is slated to take effect in January of 2001 because of training purposes and those types of things. So the six-month or whatever timeframe that you come up with would be added on after that effective date. COMMISSIONER MAC'KIE: That's my intention. COMMISSIONER BERRY: Can you get your training done in that period of time, Michelle? Can you get the training done? I mean, when could you start training and when do you think you could get it completed? MS. ARNOLD: The biggest problem that I'm thinking we're going to have is just the equipment, getting it here on time, and that's why the allowance for that time period. We can get the training done as soon as that equipment's here, and we don't want to necessarily train them out the actual things -- the ability to use what they're going to be out in the field using. MR. SCHECHTER: Actually, if I may, even if they-- MR. OI.I. IFF: You have to be on the record. MR. SCHECHTER: Even if they can't get that equipment in Page 155 October 24, 2000 here on time, we have parallel equipment very similar, if not identical, to the equipment that they would have to be using. And we could certainly train the inspectors until such time as they get their own equipment. And we could introduce them to any difference or saliencies in its operation. I think the important thing is to try to get across to code enforcement, using a new octave band regulation, the nuances that are inherent to doing the assessment and what they should look out for on the streets when they're making their assessments. CHAIRMAN CARTER: Would you then lease that equipment to us or let us use it until -- would you work an arrangement with the county so we could have that equipment, in the interim period have our people trained until ours arrive? COMMISSIONER MAC'KIE: I'd suggest we let the county manager work that out. MR. SCHECHTER: I think that that could be worked out with the county authorities here. CHAIRMAN CARTER: Let me ask another question. Now, Michelle, you wanted some other things in here in terms of cleanup work, not establishing some dual standards. If I'm understanding Commissioner Mac'Kie's motion, are we taking this proposed ordinance and just changing the decibels, and are we going to eliminate some of those things like I from it and incorporate what you want? What are we going to do with this document? MS. ARNOLD: If we leave the decibel levels the same, some of the grandfathering clause would not be applicable any more, so then we would remove those. What I'd like to have in there is the deletion of that commercial district that was above and beyond what we needed, as well as the manufacturing industrial district. COMMISSIONER MAC'KIE: That -- I intended to include that in my motion. MS. ARNOLD: Okay. And there's some other language in there that pertains to the annual noise permit that I'd like to maintain as well. But with respect to some of the comments that Commissioner Berry made with item -- and I believe Ms. Jantsch also brought up the unauthorized sound promotion of commercial Page 156 October 24, 2000 activities, and Item I, unnecessary, unreasonable sounds. I don't know whether or not your motion -- COMMISSIONER MAC'KIE: It does not anticipate including those. MS. ARNOLD: Okay. COMMISSIONER MAC'KIE: And then -- MS. ARNOLD: And there is also -- there was also a comment with respect to Item H, with the raceway. I don't know, there wasn't a lot of discussion on the board side as to whether or not you want to maintain that. The comments that were mentioned from the public was that it was treating the airport racetrack differently from any other activity, if I've summarized correctly. CHAIRMAN CARTER: If I understand Commissioner Mac'Kie's motion, that would say that we would not separate that, it would fall within -- MS. ARNOLD: Okay. CHAIRMAN CARTER: -- this; is that correct? COMMISSIONER MAC'KIE: Well, that's my intention. But, you know, that one scares me a little bit. Let me be sure I understand. That -- the result of that would do what to the existing racetrack operation? It currently -- MS. ARNOLD: The current racetrack operation would have to meet the existing standard of 60 decibels in the daytime and 55 at nighttime. COMMISSIONER MAC'KIE: Which it does. MS. ARNOLD: Right. The language, though, goes further to talk about future expansion to the racetrack that says it's exempted from this ordinance. And at the time of review, for whatever development is going to occur out there, then a standard would be established. COMMISSIONER MAC'KIE: I don't know what to do about the racetrack. CHAIRMAN CARTER: Well, let me -- before the question, let me ask our consultant to comment, please. MR. SCHECHTER: In addition to analyzing the background sound in Immokalee, we also went around to four different areas, in addition to the 210 Adam Street measurement site. One of those was directly behind a fire house, which is at the fence line of the airport, and approximately 4,000 feet -- about 4,000 feet Page157 October 24, 2000 from the drag strip itself, the existing drag strip. Now, the closest -- despite some controversy about where the closest residentially -- potential residential areas were, we viewed the closest residential areas is where we made our background measurements on Adams Street. There are some trailers that exist right next to one of the packing plants, but except for a few regulations in the United States, the majority of states consider that to be commercial property. That's why we made our measurements on Adam Street, which is about 8,000 feet back from the drag strip. So the levels that I took and measured and I have tape recordings of at the property, at the Airport Road, we have to subtract 6 DB off from those numbers to account for the doubling of distance. Given that, the majority of races that we found currently, with the current operations -- and this is albeit only one night sampling, so it's not a great sampling. And I understand that the drag strip has hired its own consultant to do a much more thorough study of the situation in Immokalee, and that's going to be forthcoming in the next couple of months. But we found that the majority of the races would be in the 55 to 60 DBA range. Maybe exceeding by a couple of decibels, 62 to 63, if measured on Adam Street. So there's another thing that we would have to instruct code enforcement when it comes to octave band measurements. There's the law and then there's enforcement levels. Just like a police officer will usually give you three to four miles per hour on 1-75 -- well, I hope you didn't get a ticket at 77. COMMISSIONER BRANDT: I didn't know they did that. MR. SCHECHTER: Pardon me, but in dealing with the -- at least the Illinois State Police, as I have in the past -- COMMISSIONER BRANDT: Yeah, they might do that, but not here. MR. SCHECHTER: Oh, they give you more? I see. Well, I can't address that issue, but similarly in terms of decibels, you don't nail an industry or a commercial place for two to three decibels. I mean, it's just -- it's unheard of to do that. So there's the understanding of that that has to be gotten across when you're dealing with an octave band regulation. With a DBA regulation, that's a different story. Really, you're stuck Page 158 October 24, 2000 with nailing at that level, because you're adding up all those frequency bands. With the octave band regulation, you have to really train the people to say look, he's gotten rid of seven out of the nine octave bands, how about giving this guy a break. COMMISSIONER MAC'KIE: So here's -- my question for you, is -- sir? MR. SCHECHTER: Yes. COMMISSIONER MAC'KIE'. My question for you is if I want to permit the existing racetrack operation and whatever reasonable expansions they have, what do I need to do with this section of the ordinance in my motion? MR. SCHECHTER: I have to defer to Tom Palmer on that, because that's really a legal question. And I think he does have some ideas on it. But just one last thing. The expansion of the track I can't really address at this point, other than to say in my experience of quieting oval tracks throughout the United States and evaluating drag strips, which use the Formula One type, much louder vehicles than what I measured during my measurements out at the existing drag strip, some kind of noise mitigation probably is going to have to be put in by the drag strip in order to contain the sound to that area. Because we're talking about an increase of 10, 15 decibels at various frequencies, when you run the bigger Formula One type units -- COMMISSIONER BRANDT: When is -- MR. SCHECHTER: -- at higher frequencies. COMMISSIONER BRANDT: When is the expansion scheduled and what would happen if we just left out the expansion portion? MS. ARNOLD: Well, there's a noise study that's planned for December, I believe, with the Airport Authority to take into consideration future expansions at the airport. And I believe that any agreement that's made for future leases at the airport is a public process, and, you know-- COMMISSIONER MAC'KIE: You talk about those noise levels at that point. MS. ARNOLD: Yes. COMMISSIONER MAC'KIE: Okay, then my motion's going to be to leave out the section regarding expansion of the airport. CHAIRMAN CARTER: Well, what if you left it in? Just what Page 159 October 24, 2000 if you left it in and we incorporate in your motion a 12-month review to deal with all of these issues? In the interim we would give them enough flexibility to do what they needed to do or pinpoint the areas that could cause us future concerns when we have to come back and address this. Otherwise, give us a lot of leeway to work with in this. Mr. Palmer? MR. PALMER: Maybe I can bring some clarification to this. It was pointed out when there was discussion about this matter about these other generalized standards about not having nuisances, being compatible in the neighborhood. Those are all in our Land Development Code and our building regulations. Those are generalized standards that apply everywhere, and they cannot be exceeded; although, they do not have decibel level criteria. So the City of Jacksonville ordinance exempts racetracks from its noise ordinance, period. And these other generalized standards come in to play. It is very doubtful that if the existing standards of 60 and 55 decibels are applied strictly, that there'll be any allowable future expansion of Immokalee Raceway beyond the existing eight-mile drag strip. It's very improbable. There is no such thing as a quiet oval racetrack. Therefore, the idea here is to do an analysis, have this analyzed in detail, and come up with standards. Now, there will be many hearings, there will be plenty of opportunity for input. This will also be controlled by activities by clauses in a lease and hours of operation. So it isn't like this is going to be a blank check. The Airport Authority takes this very seriously. COMMISSIONER MAC'KIE: So why isn't it appropriate? I mean, do you disagree then that it's best just to leave out the expansion issue for now until the actual expansion comes before us and then we look at it as it comes? MR. PALMER: Well, I'm saying that if the presently existing standards of 60 and 55 are going to be the standards for the racetrack. COMMISSIONER MAC'KIE: Right. MR. PALMER: It's probably -- there is not going to be anything beyond what is presently there, because it's improbable Page 160 October 24, 2000 that additional activities at the racetrack in an oval racetrack are not going to be able to meet these standards. MR. OLLIFF: Tom, let me help you a little bit. I think what that means is that if you don't provide some sort of an exception today, then when you do review whatever racetrack proposal you see, then you're going to also have to have a corresponding ordinance amendment that's probably going to have to address that as well. COMMISSIONER MAC'KIE: Well, I could live with that. COMMISSIONER BRANDT: So it's -- yes. MR. OLLIFF: Yeah, it's fine, as long as you recognize that. COMMISSIONER BRANDT.' Yes, yes. CHAIRMAN CARTER: But doesn't what we have in there today just automatically give us that opportunity? MR. OLLIFF: It does. And it's sort of whether you want to exempt it now or exempt it once you have some more noise based information. CHAIRMAN CARTER: Well, personally I would rather leave it in there and wait till this other comes forwards and then deal with it, because we may or may not have to, depending on what MR. OLLIFF: Well, I think if you leave it in there today, it at least provides the community some indication of where the board is probably going to want to be on that particular issue, as opposed to having to fight -- COMMISSIONER MAC'KIE: Commissioner Carter, you -- MR. OLLIFF: -- that fight fresh. COMMISSIONER MAC'KIE: -- you think that it's best to leave it in there at this point? CHAIRMAN CARTER: Leave it in at this point, and as our administrator or manager is telling us, that it puts the community on notice what our expectation is and let them begin to negotiate those standards and see if they can't achieve the goal. MR. OLLIFF: And either way, you're going to have to amend the ordinance, in my opinion. And in this way, at least you're sort of putting the community on notice, and then we may put some specific standards in when you actually review the racetrack proposal. The other way you're basically saying there is no exemption for any type of activity there at the airport beyond what's there, Page 161 October 24, 2000 and then you have to sort of back up when you see the proposal. COMMISSIONER MAC'KIE: Let me be clear. If I do what Commissioner Carter is suggesting with my motion, then the notice that I'm giving to the community is we intend to be somewhat flexible -- MR. OLLIFF: Correct. COMMISSIONER MAC'KIE: -- with the racetrack when it comes back. That's the message I'd like to send, so I will agree to put that in. CHAIRMAN CARTER: Mr. Brandt, I'll come to you and then Mr. Weigel. COMMISSIONER BRANDT: Thank you. Go, Mr. Weigel. MR. WEIGEL: Okay. Well, I sure can't make everyone happy, but it seems to me that in regard to the racetrack issue, it's a little bit parallel to the same issue of Immokalee overlay that we're being questioned about at the State Attorney General level, and that is that we're providing a different standard for one area, as opposed to another area. So my suggestion would be -- and of course we'll live and work with whatever the board determines. This thing isn't implemented until January 1st. But my suggestion would be that we don't in fact make that change at this time, but that we work out the questions and issues with the Attorney General's Office, bringing to their attention the fact that Jacksonville in fact does have what would appear to be disparate standards on particular activities within their county, and see how they sort that out -- COMMISSIONER MAC'KIE: But the Attorney General's -- MR. WEIGEL: -- and then revisit it here. COMMISSIONER MAC'KIE: -- there's -- it had to do with ban overlay for Immokalee generally-- CHAIRMAN CARTER: Right. COMMISSIONER MAC'KIE: -- not for a specific use. And I'm going to leave my-- I'm going to leave it in. CHAIRMAN CARTER: I think I have to -- I want to go with her, I want to leave it in. COMMISSIONER BERRY: You're going to leave H in? COMMISSIONER BRANDT: I need to understand what you've left in. COMMISSIONER MAC'KIE: Well, what I've left in is the language that sends a message to the community that we intend Page 162 October 24, 2000 to be flexible with the racetrack, as it seeks its expansion. And the problem that that raises is that it may make the Attorney General's Office say oh, dear, you're treating Immokalee differently because they're poor and they are racially different from the coast. My response to that is no, we're not, we're giving -- like other municipalities have, we're giving an exception for a particular use, so we're indicating that we will give an exception in the future for a particular use. MR. LENICK: May I address the board? MR. OLLIFF: Your public hearing has been closed. CHAIRMAN CARTER: I'm sorry, sir, public hearing's been closed. MR. LENICK: Well, I'd like to address it on the process, because the public will never be able to speak to you on this process again. And I can tell you why. CHAIRMAN CARTER: Well, I'd have to reopen the public hearing in order for you to address the board. COMMISSIONER MAC'KIE: Then we're going to have to let everybody -- CHAIRMAN CARTER: Then I'd have to let everybody in the room speak. MR. LENICK: Mr. Palmer said something that is incorrect, and I wanted to counter it. COMMISSIONER MAC'KIE: Well, talk to him. CHAIRMAN CARTER: Well, I think that's an issue you can address with Mr. Palmer or legal staff. MR. LENICK: All right, simply put, there's no process, if you adopt -- CHAIRMAN CARTER: Sir, sir, the public hearing has been closed. I mean, I don't know what part of that you don't understand. COMMISSIONER MAC'KIE: I had one other question, and God, I'm scared to bring it up, because this is too complicated for me and my feeble mind already. COMMISSIONER BERRY: Can we just throw this whole thing out -- I'm talking about H -- and not have anything in there until such time as they get done with their study out at the airport -- COMMISSIONER MAC'KIE: I could do that. COMMISSIONER BERRY: -- and all that kind of thing? Page 163 October 24, 2000 COMMISSIONER MAC'KIE: But the message that that sends to the community-- COMMISSIONER BERRY: Okay, what's it send? COMMISSIONER MAC'KIE: -- is that we don't want you expanding your racetrack, we're going to be strict on your racetracks. I don't want to send that message. COMMISSIONER BERRY: Well, that's not the message I would intend to send, but is that -- that's the message that I'm sending? COMMISSIONER MAC'KIE: I think so. Because it says no exception. COMMISSIONER BERRY: No, I was just saying take the pen and strike out H and it wouldn't even be in here until such time, or put some language in that says we will address this issue when the studies are completed in this area. But we can't do it? COMMISSIONER BRANDT: I think we have to leave it in. I don't see how we can take it out. CHAIRMAN CARTER: I think it has to be -- I would agree, I think we need to leave it there. I would like to leave it as is and then when this evolves we can come back and make a decision on that. COMMISSIONER BERRY: Well, is there any kind of a statement that should be added to this? CHAIRMAN CARTER: I don't know. MR. PALMER: Commissioner Berry, it can be specified in the ordinance that final approval of anything suggested by the Airport Authority must be made by the Board of County Commissioners after public hearing. COMMISSIONER BERRY: Thank you. MR. PALMER: That means the final decision would ultimately be up to you. COMMISSIONER BERRY: And would still allow the public input into this at this level? MR. PALMER: Yes, ma'am. COMMISSIONER BERRY: Thank you. COMMISSIONER MAC'KIE: That's a fact, so good. So I'd incorporate that into my motion. COMMISSIONER BRANDT: Sounds good. COMMISSIONER MAC'KIE: And then my other just fearful trepidation question was that -- Page 164 October 24, 2000 COMMISSIONER BRANDT: Do you want to do that yet, or just get a vote on your motion? COMMISSIONER MAC'KIE: This is part of what I'm thinking of putting in the motion is the concept of buffers, that if you move in next door to an existing use, you need to acknowledge -- I mean, I don't know what's an appropriate buffer, but it seems to me -- I wonder if our expert or Mr. Palmer has some advice on that. MR. PALMER: Yes, ma'am. Provision M-5 on Page 12 has that effect. What it essentially says is if Krehling can meet the standards -- COMMISSIONER MAC'KIE: Or anybody. MR. PALMER: -- or Krehling -- or anybody that was grandfathered prior to 1990, this is limited to people who met a certain criteria when this thing first came into effect. Because it was backward looking. If we bring it up to this present time, there's a 10-year window of people who may be able to slide under this. So right now it's 1990, looking backward. And anybody who can fit into that criteria, if they can meet the criteria based on the existing residential property and it's signed off on, then paragraph five says if anybody moves in closer, Krehling will not have to modify their activities to meet the fact that people have moved in closer to them. It effectively grandfathers them, where they meet the standards based on the existing surrounding residential property. COMMISSIONER MAC'KIE: What does that mean, if they meet the standards based on -- MR. PALMER: What it says is that they essentially have to do the best they can. But if they get to a point where they are spending an extraordinary amount of money for very incremental increases, they don't have to do it. But with the bottom line that they can't -- under the ordinance as it presently reads, but it will have to be amended because you go to 60 and 55 -- it said under no circumstances could you exceed this by seven decibels. And that really means like at 3:00 a.m. Which means if they can't meet that criteria with anything else, they would have to close down the plant. And that's essentially what it means. So in other words it says if they get this standard, it's signed off and it's like a variance, it runs with the land. And if somebody moves in closer in two years, they're not going to have to meet Page 165 October 24, 2000 the standards to that site. In other words, they'd be set for the future. They're concerned about somebody moving in closer and saying well, get the standard applied to me. Well, people can keep moving in and moving in and they'd have a moving target. COMMISSIONER MAC'KIE: Okay. So that sounds like that would work for some future, if there's a noisy use right now in an isolated area and they went through that process. But my question was, Krehling, if we're just going to use them as the example, where -- you know, there's already -- you can't get any closer unless you buy property from Krehling. MR. PALMER: Well, that -- if there's possible, then this buffer question is not an issue. It's only an issue if in fact somebody could move in closer to somebody similarly situated. COMMISSIONER MAC'KIE: The question that I'm raising is not that one. The buffer question that I'm raising is the one that Mr. Cuyler brought up. MR. OLLIFF: And my suggestion on that is I've seen ordinances that we draft on the floor that don't work very well. That was a clause that's just simply not in this ordinance that's proposed for you. But if you want to direct us to go back and look at and bring back some ordinance amendment language that would provide some buffers, I think it's a good idea. CHAIRMAN CARTER: I think that's-- COMMISSIONER BERRY: I think there ought to be another side to this. We're talking about, quote, the offender here. What about the development that comes in, and what kind of a burden should they carry as well? If you're going -- obviously, I hate to say this, but the property values are reflected in the close proximity to this type of facility. COMMISSIONER MAC'KIE: Have to be. COMMISSIONER BERRY: Okay? So what kind of a burden is the developer going -- that if he's going to develop these and have it in this close proximity, why should the person that has already been there for a number of years carry all of that burden? Why shouldn't the developer in this case carry some of this burden and do something additional to protect the people who are buying those units. CHAIRMAN CARTER: Well, wait a minute. COMMISSIONER BERRY: So I think -- Page 166 October 24, 2000 COMMISSIONER MAC'KIE: So I'm going to -- THE COURT REPORTER: Excuse me, one at a time, please. COMMISSIONER MAC'KIE: -- add to my motion -- CHAIRMAN CARTER: Okay. COMMISSIONER MAC'KIE: Yeah, but I'd like to add to my motion -- COMMISSIONER BERRY: We're talking about buffering. COMMISSIONER MAC'KIE: -- is direction to staff to come back with something similar to the overlay zone that we have for the airport for existing noise industries. I don't know how to describe it, but-- MS. ARNOLD: I think-- if I could clarify, I think what Mr. Cuyler was making reference to is if you want to establish a distance criteria from industrial uses, that if anybody decides to build within that distance, they would have to understand that they're going to be impacted -- COMMISSIONER BERRY: That's right. MS. ARNOLD: -- by that noise level. So what you'd be doing is saying if that distance is 500 feet -- I don't know what you want to set it at, but maybe we ought to look at that. CHAIRMAN CARTER: No, but the-- COMMISSIONER BRANDT: We could probably set it today. MR. OLLIFF: No. And it's probably-- MS. ARNOLD: And maybe we -- THE COURT REPORTER: Excuse me, I'm hearing five people talking at once. MS. ARNOLD: -- ought to look at that. CHAIRMAN CARTER: Sorry. MR. OLLIFF: And that is probably a Land Development Code issue, more than it is a specific noise ordinance issue. But I think you need just to direct us to come back with whatever -- COMMISSIONER BERRY: I agree. CHAIRMAN CARTER: You have them to direct that to come back and not for us -- COMMISSIONER MAC'KIE: to bring back to us -- MR. OLLIFF: Correct. COMMISSIONER MAC'KIE: CHAIRMAN CARTER: a continuance. So that issue, we would ask staff -- for consideration in the future. Okay, as I feared this morning, ask for Page 167 October 24, 2000 COMMISSIONER MAC'KIE: I'm scared you're going to ask me to repeat my motion. CHAIRMAN CARTER: No, not at this point. Have we incorporated, Michelle, all of the key issues that you raised to us this morning in this motion? MS. ARNOLD: I believe so. I believe that you have. CHAIRMAN CARTER: All right. Now, the other issue, and just with everything that I've heard, I would -- I still would feel more comfortable with the 50 to 55, because I understand with the octave band we've got a lot of lead room, which might take us right up to our base level where we are in terms of interpretation. And based on everything I've seen up here on this chart, it would go for the future. I'm not trying to penalize any existing industry, but I'm saying for future, it does give us a more clear-cut standard of an expectation of what we're looking for. know that's not part of your motion, Commissioner Mac'Kie. I wished it was, and then I could support this. is, COMMISSIONER BRANDT: COMMISSIONER MAC'KIE: COMMISSIONER BRANDT: COMMISSIONER MAC'KIE: COMMISSIONER BERRY: I can support it the way it is. How many votes do we need? Probably three. Three? I'm going to support it the way it MR. OLLIFF: Just for clarification, because this has been a long and drawn-out motion, what we're -- COMMISSIONER BRANDT: You'll be able to repeat it. MR. OLLIFF: I doubt that. I'm not sure that anyone could repeat it. What we're going to propose to do, though, is I think we have the general direction from the board, and we will prepare something in writing that will be generally the motion and what we are going to amend the ordinance to reflect, and we are going to provide that to the board and to those members of the public that were here. But should the board have any questions about anything that we're providing, this is the way the ordinance is going to look, then you have the opportunity to bring that back up at some future meeting. But I just want to be very, very clear on what it is that we're going to amend this ordinance to look like. Page 168 October 24, 2000 CHAIRMAN CARTER: Tom, can we do that by the 14th so we can bring back everything that was incorporated? MR. OLLIFF: I don't intend to bring it back. I'm just going to tell you, this is what was approved on the floor today, and unless there's some member that voted in the affirmative that feels differently, that's what the ordinance will look like. COMMISSIONER BRANDT: Okay. CHAIRMAN CARTER: Okay. As long as everybody's clear as to where we're going with that. MR. SCHECHTER: Just so the board understands what is going on, the -- once again, Howard Schechter, Midwest Environmental. The green line that you see up there on that graph, each of these numbers, the way -- if you're going to leave the numbers the levels the way they are, 55 to 60, the daytime levels are all going to go up five DB on this green line. And this will now become the nighttime levels, okay? Just so you understand completely, and it's for the record, that's the situation. So this graph now would no longer represent the Collier County regulation for each of those nine octaves. It's going to be five decibels higher, meaning that you're going to be higher than the State of Illinois, at the high end, and somewhat close to what the City of Chicago is at the Iow end. You have to understand that. CHAIRMAN CARTER: I understand that. That-- MR. SCHECHTER: For the record, I wanted that to be put in. CHAIRMAN CARTER: All right, any other questions from the board? That is your motion. We have a second to that. (Commissioner Brandt indicates.) CHAIRMAN CARTER: Is that really what you're looking for or just staff direction to prepare this? MR. OLLIFF: No, this is adoption of an ordinance. COMMISSIONER BERRY: You've got to vote on it. CHAIRMAN CARTER: All right, so -- I know, but are we clear on what we're voting on, I guess, and that is the issue. COMMISSIONER BRANDT: I am. CHAIRMAN CARTER: Okay. I'm sorry, Ken, I can't -- MR. CUYLER: Mr. Chairman, could I get one thing on the record? I'm not asking a question or arguing or anything. I just Page 169 October 24, 2000 want to let you know that I was authorized to agree to the current standard, if there was a buffer around the property. If there's not going to be and you in fact are adopting the ordinance and not just having staff bring it back, then I just want on the record that that was part of what I could agree to. Just when my client says, you know, what happened to the buffer, the guy next door is going to file a complaint against me, I want it on the record. CHAIRMAN CARTER: Thank you. All right. COMMISSIONER BRANDT: Call the question. CHAIRMAN CARTER: Call the question. All in favor, signify by saying aye. COMMISSIONER BERRY: Aye. COMMISSIONER MAC'KIE: Aye. COMMISSIONER BRANDT: Aye. CHAIRMAN CARTER: Opposed by the same sign. Aye. Motion carries 3-1. Our recorder would like just to have a stretch, so we need to take five. (Recess.} CHAIRMAN CARTER: Okay, we're back in session. We need to get a -- we're live and well. Item #12C2 ORDINANCE 2000-69 AMENDING THE STATE HOUSING INITIATIVES PARTNERSHIP (S.H.I.P.} DOWN PAYMENT/CLOSING COST ASSISTANCE PROGRAM FOR FIRST TIME HOMEBUYERS - ADOPTED We are on Item (C)(2), 9(C)(2), I believe. MR. MIHALIC: 12(C)(2). CHAIRMAN CARTER: 12(C)(2). MR. MIHALIC: Good afternoon, commissioners. CHAIRMAN CARTER: Greg. MR. MIHALIC: For the record, I'm Greg Mihalic from housing and urban improvement, and we're before you this afternoon to amend the Collier County Ordinance 94-59, which controls our SHIP downpayment and closing cost assistance program. It's Page 170 October 24, 2000 basically a housekeeping effort. Essentially this program has gone up about tenfold in the amount of clients that we handle over the last six years. COMMISSIONER MAC'KIE: You guys are doing a wonderful job with this. This is a clean-up measure. MR. KLAIBER: It's a clean-up, bringing it in line with the way COMMISSIONER MAC'KIE: Motion to approve. MR. MIHALIC: -- we operate now. CHAIRMAN CARTER: Motion to approve. COMMISSIONER BERRY: Not only that, it says they're going to decrease staff administration costs by an estimated 30 percent. MR. MIHALIC: We believe the administration will be a lot easier under this amendment. CHAIRMAN CARTER: We have a motion to approve. Do I have a second? COMMISSIONER BERRY: You do. CHAIRMAN CARTER: All in favor, please signify by saying aye. (Unanimous vote of ayes.) CHAIRMAN CARTER: Please note Commissioner Brandt is absent. MR. MIHALIC: Thank you, commissioners. Item #13A1 RESOLUTION 2000-370 RE PETITION V-2000-17, SHARON HEIMERL, REPRESENTING LINDA MAY, REQUESTING AN AFTER- THE-FACT VARIANCE OF 3 FEET FORM THE RQUIRED 30-FEET SIDE YARD SETBACK TO 27 FEET FOR PROPERTY LOCATED AT 4130 14TM AVENUE N.E. - ADOPTED CHAIRMAN CARTER: All right, that takes us to Board of Zoning Appeals. Item 13(A)(1}. All people that are going to participate in that need to stand and be sworn in. (All speakers were duly sworn.} COMMISSIONER BERRY: I've had contact by Ms. Heimerl. CHAIRMAN CARTER: Anyone else have a disclosure? Page 171 October 24, 2000 COMMISSIONER MAC'KIE: I have none. CHAIRMAN CARTER: I have none. Please proceed. MR. REISCHI.: Good afternoon, commissioners. Fred Reischl, planning services. This is a request for a three-foot after-the-fact variance in Golden Gate Estates. The location is off DeSoto Boulevard, the eastern portion of Golden Gate Estates. The side yard setback in the Estates zoning district is 30 feet, and the property owner, as owner/builder, was constructing a garage/shed. She measured 30.5 feet from existing survey markers. When the spot survey was ordered, it was discovered that the existing markers were incorrect and, therefore, the garage encroaches by three feet. There are some existing oak trees, which tend to ameliorate the encroachment, and the Planning Commission took that into consideration, along with the fact that it was an owner/builder and appeared to be a mistake in measurement by an owner/builder and they voted 7-0 to approve the variance -- to recommend approval of the variance. And there were no objections, phone calls or letters. CHAIRMAN CARTER: But they continued to work while -- the spot survey was taken, but they still continued to work until they will got the results? COMMISSIONER BERRY: No. MR. REISCHL: I'll let the petitioner address that. It's more complete than just the slab. COMMISSIONER BRANDT: Commissioner Carter, that's the way I read it. MR. OLLIFF: Petitioner is here, and the only registered speaker. CHAIRMAN CARTER: Okay, we need to hear from the petitioner. MS. HEIMERI.: Good afternoon. I'm Sharon Heimerl, and I'm here for my sister, I. inda May. When we found -- well, what we did is we ordered the spot survey. My sister was in the process of heading down about six months earlier in her move than we expected. We had had no problems building the house with any of our measurements, or our permitting or anything. Page 172 October 24, 2000 So after we poured the slab, needing the storage area, we just put the plywood up and put the plywood on the roof. And then because my son and her son and -- was building it, and then we got the spot survey back and found out that we were the three feet off, and it has sat at that stage since then. COMMISSIONER BERRY: So it's not complete, though. MS. HEIMERL: The roof is on. MR. OLLIFF: It's dried in. MS. HEIMERL: It's dried in. Yeah, there are no shin -- we stopped as soon as we got the spot survey and realized that we had measured off of an incorrect survey. COMMISSIONER MAC'KIE: I think this is exactly -- MS. HEIMERL: It had been staked. COMMISSIONER MAC'KIE: -- the kind of, you know, mistake and they've acted in good faith afterwards. I'm going to make a motion to approve. COMMISSIONER BERRY: I'll second it. CHAIRMAN CARTER: We have a motion and a second. Any discussion? All in favor, signify by saying aye. Motion -- COMMISSIONER BRANDT: Opposed. Opposed. CHAIRMAN CARTER: We have an -- Commissioner Brandt opposes. What do you need, do -- they need three votes, right? MR. WEIGEL: Just three. CHAIRMAN CARTER: I've got to ask a question. What does it cost to correct the situation? MS. HEIMERL: Well, I guess we would have to move the whole building. And there's all oak behind it, and there is a lot of trees, pine, cabbage palm. There are no neighbors on either side. There's nothing around it. But we'd have to move the building, it's 25 by 30 and it has six and a half inches of concrete base on it. CHAIRMAN CARTER: So if you move it, you have to destroy oak trees? MS. HEIMERL: Yes. There's a large, large oak grove there's there. It's right on the edge. It has some cypress back in there. Most of the back of the property is all wooded. CHAIRMAN CARTER: Oak and cypress heads, right? Page 173 October 24, 2000 MS. HEIMERL: Well, there's oak and cypress mixed in. It has a great big oak area that's, you know, like a water oak or a river oak, whatever they are. To move it, my sister -- I mean, it would be devastating financially. CHAIRMAN CARTER: Well, I can understand that. I'm inclined to agree with Commissioner Brandt, but since we would have to destroy oak trees, I'm going to rule in favor of the variance, but that will be my trade-off. But I'm trying to send a message to this community. I don't care if you measure it, if a professional measures it, please get it right. Because we are getting into a pattern here of doing a lot of variances. And each case can tug at your heart strings and say yeah, gee, that's really a sad thing that happened. Because you are an owner/builder that did this, that would also influence my decision on this. If you had a contractor and they made that mistake I wouldn't be with you this afternoon. MS. HEIMERL: Yeah, we should have checked this survey better. I agree. CHAIRMAN CARTER: Well, I agree, that goes 3-1. Motion carries for the variance. You're off the hook. COMMISSIONER BRANDT: Commissioner Carter -- MS. HEIMERL: Thank you. COMMISSIONER BRANDT: -- if I may? CHAIRMAN CARTER: Yes. COMMISSIONER BRANDT: After the fact, I don't think owner/builders should be treated any differently than any other contractor. And so there. CHAIRMAN CARTER: Okay. COMMISSIONER BERRY: I want to add my two cents worth. Mrs. Heimerl and I had this conversation the other day on the phone and what did I tell you? MS. HEIMERL: Exactly the same thing. The bottom line is, you know, we measured from an incorrect -- we did it wrong, there's no doubt about it. And there shouldn't be any difference, really. We should have known better. We were wrong. CHAIRMAN CARTER: Well, I'll save the oak trees and the squirrels that live in there. Take good care of them. MS. HEIMERL: Thank you. And you people work very hard in here. I did not realize. I've sat here since 9:00 and, you know, I Page 174 October 24, 2000 really commend you on what everyone does. CHAIRMAN CARTER: Well, just tell them how much fun we have. Item #13A2&3 PETITION V-99-29 AND OSP-99-03, WILLIAM HOOVER, REPRESENTING LARRY J. AND MARCH A. GODE, REQUESTING A 3 FOOT EAST SIDE YARD VARIANCE AND A 10 FOOT WEST SIDE YARD VARIANCE ON LOT 9, AND OFF-SITE PARKING FOR PROPERTY LOCATED ON LOT 10, RESPECTIVELY, ON 109TM AVENUE NORTH, BLOCK 2, NAPLES PARK, UNIT I - CONTINUED INDEFINITELY Okay, moving to Item (A)(2). MR. MURRAY: I'd also like to request that you consider (A)(3), which is a companion petition with this, the off-site parking position. CHAIRMAN CARTER: (A)(2) and (3) we can take together. And we need to have -- anybody that's going to participate needs to be sworn in. (All speakers were duly sworn.) CHAIRMAN CARTER: Any disclosures? COMMISSIONER BRANDT: I've had no contract. COMMISSIONER BERRY: The only thing I've had is I believe a letter which we received from the Collier County -- well, it's this individual is not supporting this particular petition, but that COMMISSIONER BRANDT: This thing. MR. MURRAY: Mrs. Handshaw submitted that. COMMISSIONER BERRY: Yes, this is communications, so I'm just disclosing the fact that we received that. COMMISSIONER MAC'KIE: Ditto. COMMISSIONER BRANDT: That's all I have. MR. MURRAY: I just wanted to state for the record, I'm Don Murray, principal planner with the planning services department. I'll keep this brief. The applicant owns two lots on 109th Avenue North, in Naples Park. He's seeking variances in an off-site parking permit in order to construct a 2,700 square foot office building on Lot 9, Page175 October 24, 2000 which is a commercially zoned lot. And he's seeking a reduction of the 13-foot east side yard setback to 10 feet, and a reduction of the 15-foot west side yard to five feet, which is -- would allow him to provide perimeter landscaping and buffering between the parking lot, which is on the -- will be on the lot and is the subject of the off-site parking permit. Staff has reviewed this for the criterion for off-site parking and also believe that it meets that criteria, and also that it meets the minimal requirements for a variance. So therefore, we are recommending approval of it. CHAIRMAN CARTER: For clarification, Lot 10 is a residential lot? MR. MURRAY: Yes, it is. Lot 10 is residential, Lot 9 is commercial. COMMISSIONER BERRY: Where's 41 on this whole -- COMMISSIONER MAC'KIE: Yeah, I need an area map. COMMISSIONER BERRY: I'm not oriented here. I need -- MR. MURRAY: I'm sorry, I guess I was trying to keep it too brief for you. Let me give this to you. CHAIRMAN CARTER: See, what happens in Naples Park, there's a dividing line. You have your, as you all know, your commercial along 41 and in 'X' number of lots and then you come to residential. And what this suggests to me is an encroachment into residential by approving an off-site parking lot, even though the owner owns both, one is commercial and one is residential. MR. MURRAY: This aerial shows the U.S. 41, it shows the two lots, and it shows the commercial lot line, or district line. MR. OLLIFF: Mr. Chairman, you may want to hear from the petitioner now. CHAIRMAN CARTER: Yeah, I want to hear from the petitioner. COMMISSIONER BERRY: I have a little problem going into that residential area. COMMISSIONER MAC'KIE: Me, too. COMMISSIONER BRANDT: So do I. CHAIRMAN CARTER: I know where I'm going on this one, Commissioner, but I need to hear from the petitioner. MR. HOOVER: Good afternoon -- or good evening, commissioners. Bill Hoover, representing Larry and Marcy Gode, Page 176 October 24, 2000 the petitioner. When we filed this thing, I actually pulled some of the variance files. And there's been a precedent where they have -- these are 50-foot wide C-3 lots. And I know the commissioners' been on the board here for awhile, they've seen at least one of these before. COMMISSIONER MAC'KIE: Did we approve it, Bill? MR. HOOVER: Correct. One was Kepple Engineering, variance 98.6 for a John Magos (phonetic), who lives on 96th Avenue North. And they reduced the one side yard from 25 feet to 10 feet, the other yard from 15 feet to 10 feet. COMMISSIONER MAC'KIE: What about an off-site parking into residential? MR. HOOVER: Well, I think the -- I did one for Craig Timmons and Todd Gates. It was called Shores Avenue Commercial Building. I think Gates McVey is putting it up right now. It's very similar to this project. COMMISSIONER MAC'KIE: MR. HOOVER: No, it's up -- COMMISSIONER MAC'KIE: Naples Park? Near Tall Pines? Isn't it that one? MR. HOOVER: No, it's in -- on 41, right there south of the bridge, where you go -- do you know where the -- COMMISSIONER BERRY: By Pewter Mug? MR. HOOVER: Yes, right in there. And you've got that -- it's on the southwest corner of Shores Avenue there. So you're south of Wiggins Pass Road a half a mile or somewhere in there. COMMISSIONER MAC'KIE: But not in a residential area. MR. HOOVER: Oh, yes. Same thing. The commercial -- with C-4, the commercial on the front, they .purchased a residential lot to the east in that case, so we had res,dential north of that on the east of that, and there was a golf course south of that that was north -- that would probably be part of Pelican Bay up -- anyway, it was the golf course north of River Chase shopping center. COMMISSIONER MAC'KIE: Okay. MR. MULHERE: May I just add -- Bob Mulhere, planning direct.o._r -- just to give you an -- we've probably appr.oved in th.e 11 years I ye been with the county at least a dozen off site park, rig petitions for parking to support an adjacent commercial use on Page 177 October 24, 2000 residential property. We've never rezoned that property, we'.v.e only allowed the parking in support of the commerc,al use .w,th more substantial buffers between that lot and the resident,al lot adjacent to it. CHAIRMAN CARTER: How many in Naples Park? MR. MULHERE: How many in Naples Park? I think one. There is one, I believe. And I can't attest to that, I'd have to do the research on it, but I believe there was one that was approved up there in Naples Park. COMMISSIONER MAC'KIE: And the staff recommendation for the -- what -- or somebody needs to for me describe the buffering that's proposed in the parking lot to buffer from the residential area. I'm more interested in that, frankly, than the variance, because the variance goes away if we don't do the parking, I assume, so let's talk.about the hard one first.. MR. OLLIFF: And Bob, I th,nk there was also a question about whether or not any of these lots that cross that residential line had been approved for any type of either commercial or supporting commercial uses like this, if you're aware of any. MR. MULHERE: I'm not aware of. There is some development on the commercial tracts. I believe there is. one commercial building up there that has parking .on the res,dential lot adjacent to it. I believe that has been in. ex,stence for a long time, so that's why I hesitated when Comm,ssioner Carter asked the question. I don't think that happened in the last 10 years. I think it's been there for quite some time. COMMISSIONER BRANDT: I'm concerned about it encroaching into the residential area. COMMISSIONER MAC'KIE'. Right. And I only see a 10-foot buffer on the Lot 10 side with a six-foot high fence or hedge. 10-foot buffer is what you've got to buffer Lot 9 from Lot 8, which is the commercial from commercial. So, I mean, if we were talking about some gorgeous amenity to the community that, you know, resulted from the parking lot -- COMMISSIONER BERRY: Can we stipulate more at this point in time, or does that have to wait until the plan comes back? MR. MURRAY: The off-site parking buffering of 10 feet, I just wanted to say, this is a resi -- still zoned a residential lot. Although we do require a 10-foot residential buffer along that property line. The other buffers between the residential Page 178 October 24, 2000 properties up here are 15 feet in depth, and it's 10 feet along the street here. COMMISSIONER MAC'KIE: And I guess what I'm saying is the 10 feet doesn't seem sufficient for buffering a commercial use from a residential property. MR. MURRAY: Okay, the -- COMMISSIONER MAC'KIE: If I lived on Lot 11, I'd -- MR. HOOVER: We have a letter supporting the -- MR. OLLIFF: To answer Commissioner Berry's question first, though, I think now is the time to put stipulations in, if you're going to. Because site development plan don't come back to this board, they get approved administratively, based on whatever stipulations you put in the a~provals at this level. COMMISSIONER BERRY. So now is the time, if we want more -- CHAIRMAN CARTER: Now is the time. MR, OLLIFF: Absolutely correct. MR. MULHERE: May I offer as a suggestion, looking at the site plan, you've got 10 foot -- I think you're absolutely correct,' Commissioner Mac'Kie, you've got 10 foot between the commercial and commercial. If you take five foot of that, put it on the other side, you'd have 15 foot of landscaping buffer all the way around where it buffers residential. And you'll have at least 10 foot between the two commercials because you have the adjacent property. COMMISSIONER MAC'KIE: See, that's what I was going to oUsgeg==tis if you shift everything five feet to the east, then you ~ ~oot 0~ your buffer on lot--on the east boundary of Lot 9, but you've -- who cares, because you've got a commercial lot on Lot 8, right? MR. HOOVER: Well, that's the lady -- she has a single-family residential house for some reason on -- COMMISSIONER MAC'KIE: On Lot 8? MR. HOOVER: -- a commercial lot. Yes. MR. MURRAY: On Lot 8. MR. HOOVER: She's the one that's objecting. We have a letter of support from the owner of Lot No. 11. He owns a triplex there. And he's supporting the petition. Also, I took a picture over of what the -- Mr. Gode is a . general contractor. He's going to have his office in here. There s Page 179 October 24, 2000 what he's willing to put up, which is a building about a block away. So he's willing to attest that what he puts up will look very similar, to this. So I th,nk -- if the project was turned down, I think one thing YaOU need to consider is now we're sitting here with Lot No. 9. If variance is not approved on Lot 9, now we're -- he could go in and apply for a site development plan for a 20-foot wide building and put the parking in the front, which I don't think is going to look real attractive, no matter how hard he tries to do it, compared to what he's proposing here. So I think we can -- if we can work with him, if we need to add some stipulations or do some modifications, I think what we'd end up with is an asset for the community; where if the project's turned down, I'm not sure where the petitioner can go. COMMISSIONER BERRY: Mr. Chairman? CHAIRMAN CARTER: Yes. COMMISSIONER BERRY: When we're looking at this buffer, I might be inclined to support this, but I'm not going to g.o for a hedge or a fence. But what if we.do something a comb,nation thereof, but also add some trees ;n there to give them something along that -- I think what was there, a duplex or triplex -- COMMISSIONER MAC'KIE: Triplex. COMMISSIONER BERRY: -- on the other side? MR. HOOVER: Right now we've got trees. I think one every 20 feet we have a tree. COMMISSIONER MAC'KIE: You've got two trees. COMMISSIONER BERRY: Can we do a little better than that, Bill? trees. Yet because I'm the one that wants them like this, and they grow up and I'd have just a wall, you know, so -- but something that is -- MR. HOOVER: We can go 15, but I think if you get closer than 15, I don't know if you're doing too much good, because we're planting oak trees and -- COMMISSIONER BERRY: Well, I want them to be able to spread out. So if it's 15 feet, if that's -- MR. HOOVER: Sure, tell me what you'd like to do. COMMISSIONER BERRY: Well -- COMMISSIONER MAC'KIE: Can I ask a question? COMMISSIONER BERRY: -- I'm a poor judge on the size of Page 180 October 24, 2000 MR. HOOVER: 15 feet would be -- COMMISSIONER BERRY: -- about the minimum that we could -- MR. HOOVER: -- we could probably stagger those a little bit. COMMISSIONER BERRY: Bob? MR. MULHERE: Yeah, I've reviewed several of these, and they've really worked out actually very well for providing a buffer for the adjacent residential. In fact, I've got a couple that, you know, there was concern -- COMMISSIONER BERRY: Well, let's do it. MR. MULHERE: -- from the neighbors. 15 feet -- COMMISSIONER BERRY: If we're going to do this, let's make it look nice for the neighborhood. MR. MULHERE: -- 15 feet with the wall and the landscaping on the outside of the wall to benefit the residential property owners and a hedge makes for a very nice landscape buffer on the outside. MR. HOOVER: The owner of Lot 11 has provided a letter to staff, asking that a wall not be provided. They would prefer a six to eight-foot high hedge with trees -- and a tree on opposite -- staggered on opposite sides with a hedge in the middle ought to look very nice. COMMISSIONER BERRY: I can live with that, because I think that will be an enhancement to the neighborhood. CHAIRMAN CARTER: Question. Have you had any objections from other commercial interests? MR. HOOVER: No. Just -- there's just been one person objected. COMMISSIONER MAC'KIE: Are what are you going to -- can o the same thing; on the other side of -- on the east side of you d _ . Lot 9, since -- even though Lot 8 is commerc,ally zoned, there is currently a residential home, we ought to buffer it at least to the same standard -- MR. HOOVER: We could do that same buffer on that side, as well as on the back side, if you'd like, so that way it looks uniform around the whole thing. COMMISSIONER MAC'KIE: I can tell you what I wish you would do, and Bob, tell me how to say this. I wish that you would have only the minimum amount of parking and sidewalk and asphalt as the code requires, and every other inch of space Page 181 October 24, 2000 would be green. How do you put that into a regulation? I'm asking Mr. Mulhere. MR. MULHERE: We can -- we can, during the site development process, only allow the maximum number of parking spaces, if you make that a stipulation. COMMISSIONER MAC'KIE: The minimum. No more -- MR. MULHERE: Yeah, the minimum that they need to meet the code, correct. COMMISSIONER MAC'KIE: That's it. MR. MULHERE: And we can work with our landscape architect with them to maximize the landscaping on the side. I mean, we do that normally during the site development review process anyway, as long as you .put th..e .parameters on it, which if the 10 foot, which I think that ~s sufficient for the trees spaced 15 foot and a hedge, keeping in mind it does take a little time for those things to grow, but we can require larger plantings. Yeah, that's not a problem. I think if we just stipulate that. CHAIRMAN CARTER: All right, I have another comment on this. Dover/Kohl is studying this community, and I'm feeling very reluctant to do any of these things until Dover/Kohl comes back with their report on what is going to be recommended for Naples Park. And I feel that I am again encroaching on a process that's in play, and I have great concerns about that. So I am not willing at this point to give -- to approve any variances on either one of these until that Dover/Kohl study is complete. I don't know how the board members feel, which may give the petitioner an opportunity to withdraw, but I am not going to support either one of these requests. Commissioner Brandt? COMMISSIONER BRANDT: And Commissioner Carter, I can't support it on the basis that it's encroaching into a residential area, and I just have a b~sic resistance to that. CHAIRMAN CARTER. Well, that is also where I am on that issue, too. So -- COMMISSIONER MAC'KIE: Can I ask a question? CHAIRMAN CARTER: Yes. COMMISSIONER MAC'KIE: My -- as you know, in Bayshore and that area of Gateway Triangle, we're similarly trying to do Page t82 October 24, 2000 redevelopment. I have found over there that I come to the board saying please grant these variances, because if you will, they wil! help support a project that would in the future be something we d like to -- you know, and so my question here is is this that kind of project that would be an enhancement that we are likely to see encouraged by the Dover/Kohl study, or is this something that we're likely to see discouraged? MR. MULHERE: I think my inclination is that it would be supported by Dover/Kohl, but I can't make that statement until we really see what they finally come up with as a definitive statement. When I say supported, the support that I'm talking about is new development. Is redevelopment. That's the kind of support I'm talking about that they would I'm sure encourage. I think it's very legitimate to have a concern about the encroachment of commercial parking in this case into residential. Another aspect of Dover/Kohl I'm sure we'll be looking at in terms of character is the degree to which those lots that are immediately adjacent to the commercial are viable for residential, or the degree to which a small size of the commercial lots makes them not viable for decent commercial development. So, you know, those issue aren't -- and those are the -- that's why we're here today, that that lot by and of itself isn't really viable without the extra lot for the parking. MR. OLLIFF: I also want to caution you, I think you don't have anything in the way of any sort of land development code or · ' n any sort of master plan for th,s area t. hats bee presented to you yet. And I think you need to make th~s decision based on the land development codes that you have in place today. MR. HOOVER: Could I add one thing that hasn't been brought up that may -- the commercial lot is zoned C-3 that allows for fairly intensive uses, even though we may have trouble fitting some of those on there. However, the petitioner has agreed to limit this to professional office uses only. And that -- forever, if this is granted. So I think you're going to find if I'm living across the street or next door, and my office is up in the Everglades Professional Center and we've got Hawksridge right behind us, but we're Page183 October 24, 2000 actually a pretty good neighbor there because before 8:00 I'm usually the only one there at the building. And I think we've got a CPA that works maybe till 9:00 at night. But generally it's a pretty qu!et neighborhood here. So with the professional office here, I th,nk this is -- with the building that the petitioner's agreeing to put up, I think we're offering quite a bit. CHAIRMAN CARTER: And you're stating you would be in perpetuity and that's an interesting statement. And I would like to see that -- you mean in any contract if they sell it 100 years from now, it's got to stay the same thing? MR. HOOVER: I think we could say that the building -- any building put up here -- well, the off-site parking, the limitation could get put on that -- COMMISSIONER MAC'KIE: Yeah, but now you're talking about a rezone. Now you're talking about down-zoning the property. MR. HOOVER: No, I'm not. Because part it, Pam, is -- the parking is one per 300 for professional office. Any retail use we wouldn't have enough parking. See, because parking for retail is I per 250. MR. OLLIFF.' Mr. Chairman, you've also got two registered speakers that you may ow.ant to hear from. CHAIRMAN CARTER. Okay, I think we need to hear -- unless there's other questions of these gentlemen, we need to go to the registered speakers, please. MR. OLLIFF: The first I'm not sure if he's still here. It's Al Newman. COMMISSIONER MAC'KIE.' He's left. MR. OLI. IFF: The second speaker is Joan Handshaw. COMMISSIONER MAC'KIE: Just while she's coming up, does anyone know if the Naples Park area association officially took a position on this petition -- on these petitions? Did they communicate it with us? MS. HANDSHAW: They've been working on this. I've been speaking with them. COMMISSIONER MAC'KIE: Okay. MS. HANDSHAW'. Okay, first of all, I think you've done a magnificent ]ob to just stay this long, okay, and hear all you people. And I want to compliment Brock's staff for helping me get all the information, and Abe Skinner's staff, to a very nice Page 184 October 24, 2000 group of people. . . Okay, now, thws is what I've got to say. Fwrst off, before the vote there was no signs on the lot. They were on the lot, but they __w. ere laying down. Organizations that should be contacted weren t contacted before the vote. You see, the initial vote, nobody knew about it, okay? COMMISSIONER MAC'KIE: She means the Planning Commission. MS. HANDSHAW: This happens to be -- CHAIRMAN CARTER: The Planning Commission. MS. HANDSHAW: This happens to be a buffered lot in Naples Park that when you vote on it, you're voting the whole Naples Park down the line that you are changing all the rules. Okay, it also is a green space lot. And actually about in January they tried to pass something and we had the Naples Park property owners, Vera FitzGerald that worked on this. And actually nothing came of it, okay. So now because there's only 45 foot of commercial in this property -- it's 55 residential and 45 -- it must -- and they said in order to build it, they have to change the allocation to C-3's, two lots that are C-3. That's a commercial allocation change in Naples Park from 300 to 400. Before this is okayed, Naples Park must have the right to vote on something so important the commercial allocation of 300, which has been there from the beginning of time and all of a sudden to 400. I mean, this is a momentous thing to Naples Park to have all of a sudden your allocation changed to allow a two-story building, which is what they told me, 2,700 square foot on a 25-foot commercial buffer in a green space that is a designated parking lot since 1988. Now, this is the information I went to gather from all the different -- it had a utility easement. I called the Florida Power and Light Company, and I have Ramona Beech (phonetic} working on it, but so far we haven't gotten enough information, but it was as utility easement. It is something unheard of to all those that have abided in the green space buffer lot. This is definitely putting the cart before the horse. No plans were seen by anybody. My mother had a buffer lot next to her on 101. She didn't own it. But you couldn't build on it. I mean, they wanted her to Page 185 October 24, 2000 buy it but when she found out you couldn't build on it -- after my mother passed away, I spoke with a very nice impressive gentleman from the county and asked, because I was thinking of mortgaging to buy the buffer lot. And he said very little leeway has been granted to the people that own the buffer lot. For me it would only be that I could build up to the line. That would have to remain a parking lot. It was a parking lot since t988 when Mr. Keller needed the parking lot. I mean, actually, they had to put marl -- I mean, it's not -- you can tar -- please vote no to the variance, five-foot variance. Please vote no to changing the allocation of 300 to 400 without a vote of Naples Park. Please do not allow someone that has had two inexpensive lots change variances and zoning to. profit so much. This will be changing 40 to 50,000 to someth,ng around 300,000, with no effort other than you wrote. That's it. Thank you, kids. CHAIRMAN CARTER: Thank you. Thank you very much. MR. HOOVER: Mr. Chairman, we feel confident enough that with the Dover/Kohl study coming out, since they're planners just like I am, I think we feel comfortable enough to continue the petitions until their study has come out in the community. MR. MULHERE: Hopefully in December. CHAIRMAN CARTER: All right, fine. So you're withdrawing and continuing? You're not withdrawing, you want to continue to MR. HOOVER: Just continue the petitions until -- CHAIRMAN CARTER: Okay, continue indefinitely. MR. HOOVER: If they want to comment specifically on this petition, we welcome that. CHAIRMAN CARTER: Okay. Request granted? COMMISSIONER BERRY: So moved. COMMISSIONER BRANDT: Second. CHAIRMAN CARTER: Second. All in favor, signify by saying aye. (Unanimous vote of ayes.) CHAIRMAN CARTER: Motion carries 4-0. MR. OLLIFF: And that covered both petitions? COMMISSIONER MAC'KIE'. Yes. CHAIRMAN CARTER: Yes. COMMISSIONER BERRY: (2) and (3). Page 186 October 24, 2000 CHAIRMAN CARTER: (2) and (3). Item #14 STAFF COMMUNICATIONS I think we have completed our official business on that subject. Now we are down to staff communications. MR. OLLIFF: Against my better judgment, I actually asked Norman to stick around, and painfully so he has. But I asked him to stay so that he could give you some good news. COMMISSIONER BERRY: Good news. COMMISSIONER BRANDT: We could use some. CHAIRMAN CARTER: Right. MR. FEDER: For the record, Norman Feder, Collier transportation administrat, or. I will be extremely br, ef, given the marathon session, and I promise to keep it under 50 decibels. . I'm very, very pleased to be presenting to you the fact that we have now received in writing confirmation from the Florida Department of Transportation receipt of $.9,550,000 in the county incentive grant program funds; 3,640,000 ,n the current fiscal y.ear, and 5,915,000 next fis.c, al year for Phases II and III of L,vingston six-laning, essent,ally from Golden Gate up to Immokalee. The other thing I'll note is that Lee County was successful also on Livingston Imperial, north of the county line. In discussions with Mayor Pass and with Lee County, I understand they're looking at a four-lane cross-section f.r.o...m.t.h.e .c.ount.y Ii. ne, hopefully all the way to at least West Terry. with tnat ,n m~n-, we're going to.look at our six-laning, probably up to the east-west corr,dor, and then four-laning north of there to go with their project that we discussed previously. COMMISSIONER BERRY: Hallelujah. COMMISSIONER BRANDT: Fantastic. CHAIRMAN CARTER: Fantastic. A high five for Norman. (Applause) CHAIRMAN CARTER: All right, that calculation, and you saved us five million by going to six. I guess we've saved around 14-- Page 187 October 24, 2000 COMMISSIONER BRANDT: Congratulations to -- CHAIRMAN CARTER: Yes, 14 million dollars -- COMMISSIONER BRANDT: -- our county manager. MR. OLLIFF: I'll tell you, that was worth sticking around for, Norman. Thank you. CHAIRMAN CARTER: Yeah, that's great. MR. OLLIFF: The only other thing I had is that I had received an E-mail from the Florida Association of Counties, and apparently the Department of Children and Families has been working on plans for the closure of the G. Pierce Wood Hospital in Arcadia. And they've been doing these plans without consultation or input from any of the counties that are involved or are in this what we call catchment area. They are now, I think at. Florida Association of Counties' assistance, providing some ~nput opportunities. And unless the board thinks that we ought to open the process up, I would just simply propose that we probably appoint David Schimmel, who's the local mental health provider, who has generally represented Collier County well, to serve on that Florida Association of Counties committee. And unless there's an objection, I would go ahead and just submit his name. CHAIRMAN CARTER: Do you need a motion for that? MR. OLLIFF: Probably so, simply because there -- the reason I brought this up in our communications is the time fram~ requires me to get back to the FAC before the next meet ng. COMMISSIONER MAC'KIE: So moved. COMMISSIONER BERRY: Second it. CHAIRMAN CARTER: All in favor, signify by saying aye. (Unanimous vote of ayes.) CHAIRMAN CARTER: Motion carries 4-0. MR. OLLIFF: Thank you. That's all I have. . _ MR. INEIGEL: Thank you, Mr. Chairman. Two things. Clerk of Courts, Dwight Brock came to me this morning and asked that I bring to your attention at. this point of the agenda that he requests the board appo;nt one of !ts mem.bers to what is called the external audit selection comm;ttee. It s required per Chapter 11 of the Florida Statutes. And he makes it sound more interesting by saying that each constitutional officer and one member of the board sits on this committee. COMMISSIONER MAC'KIE: Sounds right up Commissioner Page 188 October 24, 2000 Carter's alley. CHAIRMAN CARTER: I thought that was the vice-chair's assignment. COMMISSIONER BERRY: I think that goes with the chairmanship. CHAIRMAN CARTER: When do they meet, David? MR. WEIGEL: I don't know when they meet. I think it's not immediately, for sure, but -- CHAIRMAN CARTER: Glad to hear that. MR. WEIGEL: -- but he did need an appointment today, if at all possible. Just one member of this board. COMMISSIONER BERRY: I've done it. This is for selection of the auditors, right? MR. WEIGEL: The external audit selection. COMMISSIONER BERRY: I will tell you, it's not a painful situation at all, but -- and it only takes -- I think maybe there were two meetings at the most. CHAIRMAN CARTER: All right, put me in that slot. If the board wishes, desires, I am sure -- two of them are leaving and one's -- when we get some others in here, I'm going to go like this. To get us through that period, fine. MR. WEIGEL: Thank you. CHAIRMAN CARTER: Keep me advised. MR. WEIGEL: Thank you very much. I'll communicate that to the clerk. And second and last is, as I had indicated this morning, I wanted just to bring up my request to the board for your legal advice regarding the Board of County Commissioners versus Coastal Engineering, T.L. James, Mike Stephens, Mike Poff, Highlands Insurance case, of which we are an ag.gressive plaintiff. But we are at a point in time where I th,nk we would need to talk in closed session. My recommendation would be for the next meeting of the board, N.o. vember 1.4th. And seeing how this next meeting may be long, I,ke today s, I would sugge, st that it be at 2:00 p.m. or at the end of the regular meeting, wh,chever occurs later, for that -- COMMISSIONER MAC'KIE: I agree. MR. WEIGEL: -- particular session. CHAIRMAN CARTER: Agreed. Page 189 October 24, 2000 COMMISSIONER BERRY: I agree. COMMISSIONER BRANDT: Sounds good. MR. WEIGEL: Thank you very much. Page 190 OFF/CE OF THE COUNTY A TTORNEY INTEROFFICE MEMORANDUM TO: FROM: DATE: RE: Maureen Kenyon, Supervisory of Minute and Records Michael W. Pettit, Assistant County Attorney ~x~ March 9, 2001 Filing of the Transcript of the Closed Board of County Commissioners Meeting Concerning Settlement and Strategy Related to Litigation Expenses On October 24, 2000, the Board of County Commissioners held a closed meeting related to settlement negotiations and strategy concerning litigation expenditures in the case of Bernstein v. Co//ier County, Case No. 99-184-CIV-FTM-24D, that was then pending in the United States Court of Appeals for the Eleventh Circuit. This meeting was held pursuant to Section 286.011(8), £/a. Stat. That Statute provides that the transcript of any such closed Board meeting shall be made part of the public record upon conclusion of the litigation. On November 24,2000, the Board voted to settle the case of Bernstein v. Collier County. Thereafter, it took approximately a month and a half for the parties to prepare settlement documents and take steps to have the United States Court of Appeals for the Eleventh Circuit dismiss Ms. Bernstein's appeal. Thus, at this time, the transcript of the closed Board meeting should be made part of the public record. Please feel free to give me a call if you have any questions or other concerns about this procedure. MWP:dja cc: David C. Weigel, County Attorney October 24, 2000 Item #9B CLOSED ATTORNEY-CLIENT SESSION FOR DISCUSSION OF SETTLEMENT NEGOTIATIONS AND/OR STRATEGY RELATED TO LITIGATION EXPENDITURES OF THE PENDING LITIGATION CASE OF ARLA BERNSTEIN V. COLLIER COUTY, CAST NO. 00-14229GG At this point then, Mr. Carter may lead u.s in..to cl_os..ed~... session with Items 9-B, followed by compan,on item ~-s,. u D is the closed session item on today's agenda. CHAIRMAN CARTER: All right. MR. WEIGEL: I gave you that sheet to read. I can provide another one. CHAIRMAN CARTER: They probably stole my sheet. I read the first part of it this morning. COMMISSIONER MAC'KIE: Checking in my files -- CHAIRMAN CARTER: Ah, here, it is. Here it is. Now, I do this again, right? MR. WEIGEL: Yes, please. CHAIRMAN CARTER: Regards to agenda Item 9-B, closed attorney/client session, settlement negotiations and/or strategy related to the litigation expenditures of the pending litigation case of Aria Bernstein versus Collier County, Case No. 00-142229GG, pending in the U.S. Court of Appeals, Eleventh Circuit. Persons in attendance will be the Board of County Commissioners, County Manager Thomas W. Olliff, County Attorney David C. Weigel, Assistant County Attorneys Ramiro Manalich and Michael W. Pettit. This session will now commence as we leave here and go to the board room for executive session. (Whereupon, there was an attorney/client closed session.) (The following proceedings were in executive closed session.) CHAIRMAN CARTER: We're now in executive session to discuss the case of Bernstein versus Collier County, and get direction from our legal counsel of possible strategies that the Board of County Commissioners might apply in this case. MR. PETTIT: Commissioners, Mike Pettit from the County Attorney's Office. Page 191 October 24, 2000 We sought this session for two reasons. One is we received what has been described by Ms. Bernstein's attorney as a minimal demand in the case; and second, the Eleventh Circuit Court of Appeals has ordered us to arbitrate. . Very quickly, since I know some of you are famil,ar with the background, we've won three significant.hearings at the trial court level which led that court to enter judgment in our favor and then uphold that judgment against a further motion practice. The -- Ms. Bernstein has appealed. The Court of Appeals has ordered us to mediate. During the course of that process, I spoke with her attorney and asked him to provide me with analysis of her cost to date. And what he sent me was a letter that had attorneys fees and costs totaling $83,309.11. And I was surprised by that, because my initial, thought was that what.I was looking for was simply costs wh,ch were more in the ne,ghborhood of actually $12,000 that she's paid out of her own pocket. I called him and I said, "Is this a demand?" And his quote to me was, "A minimal demand." And so in light of that, I think we do have a demand on the table. A little bit different than the offer -- or comp -- offer of compromise or offer to settle on Popp. There's no particular penalties attached to this proposal at thi.s point. Briefly, why would we consider settl,ng a case that we've won? I think the reasons are practical more than anything else. At this point, with maybe one exception, the key witnesses in the case are no longer in the employment of the county. Some of them have been out of the employment of the county for four years. Some of them have left the county under less than happy circumstances. And I'm not -- I think Mr. Manalich and I both have a level of concern that if we would get reversed on appeal -- and that is an event, and I thin. k time pla. ys into this as well -- briefs ar.e due on the appeal. I th,nk our br,efs are going to be due sometime in Mid December. I think it's fair to say it would be nine months to a year before we would get a decision, which means then we're looking -- if the win and they send it back for trial, which is the only result ifYthey win, we are looking at a trial in 2002. So now we're looking at a trial seven years after the event that created the Page 192 October 24, 2000 lawsuit in the first place. And obviously again there's a lot of -- a lot of water's gone over the dam since then.. And so I have some conc.e, rn abo.ut how motivated some of our w~tnesses will be to work w~th Ram~ro and me and to prepare for the case, if there's a reversal. What's the estimate of reversal? I'll go out on a limb and say that I think we've got a 610 to 40 chance to prevail. And I'll base that on the fact that although tell you what I base that on. the appellate court will review the judgment de nova, which means they'll look at it with fresh eyes, they won't give any deference to what the judge did below. By the same token, t.he same law that we cited in our briefs below in the same analys,s will continue to hold. And at least two judges have felt that that analysis was valid and right. On the other side of the coin, the EEOC, when they first looked at this, found reasonable cause to believe that there had been discrimination in the failure to hire Ms. Bernstein. Subsequent to that, the Justice Department investigated the county .and made a decision, not as to whether there ha.d be.en discrim,nation, but decided that there was not such a s,tuat,on here that they felt the United States should weigh in on her side. Two different things. So we've had three decision-makers, one with a mission to eradicate discrimination, has found reasonable suspicion -- or reasonable cause I think is the exact phrase; not probable cause, reasonable cause. Two -- two judges have said under the law you can't prove your case, Ms. Bernstein, based on the facts and the record we have. Last week, or within the last 10 days, the Eleventh Circuit Judge of Appeals issued a very interesting opinion on these kinds of cases and gave strong support to the right of an employer to base a hiring decision on subjective measures; i.e., I did not like the way this person interviewed. And if you look back at the transcript that was made at the time of the decision on Ms. Bernstein, you will see that one reason, among several, was we didn't like the way she interviewed. I will caution you, that same -- I got very excited about that case, because the case went on and on. It was 20 pages long. I got pretty excited, I ran into Ramiro's office, I said I think -- you Page 193 October 24, 2000 know, look at this. At the end the Court made the point that in that case the person who had sought the job had. not really denied or refuted the description of the interviews g,ven by the employer. That is not the case with Ms. Bernstein. She claims -- she tells a different story about what happened in those interviews. So there is a dispute there. And I don't know how significant that will be to the Court of Appeals. We had other reasons we did not hire her. One is information obtained by then Commissioner Constantine. And also Commissioner Norris's I think very legitimate concern at the time was that she had not held a ]ob for a year, and she had been essentially reorganized out of the same position in Marion County. You know, he raised the rhetorical question, do you reorganize out a high performer? . All of those are legitimate, nond,scriminatory reasons for the decisions that were made. Does she have evidence of discrimination is really the only question left for the Court of Appeals. And it has to be substantial. And so far we've convinced two judges she doesn't have that. What else is important now besides the fact we don't have control over these witnesses now, and I think it's damages. If the case is reversed and we don't have motivated witnesses, we do have significant exposure. At the outside I think we're looking at 800 to $900,000. And there is another scenario, which is different than zero, and which this is an argument, I don't know that -- I've described to you before I think in other communications, but not recently, and that's that Ms. Bernstein's back pay damages should be cut off, because instead of looking for a job when she didn't get this · very shortly thereafter she. went back t.o finish her Ph.D. And Jo°ubr' economist, as well as Ram,ro, and I bel,eve based on case law we can argue at that point your back pay damages are gone because you made a decision to take yourself out of the ]ob market. If the court bought that argument -- the court never adjudicated that argument, but if the court bought that argument, it would probably turn this from a potential, if you were to lose the case, from 800 to 900,000, maybe more, to something below 400,000. So that's a pretty significant Page194 October 24, 2000 difference. So there is that lurking issue out there. We simply wanted to bring this back to the board to get some direction about the mediation. I think our recommendation is that we be charged to go to the mediation and negotiate the best deal we can and to bring that back for you to look at. And when we bring it back, we will either say we think you should take it or we don't think you should take it. Because the deal might be $50,000. And at this. point in time, I'm not su. re I would recommend that you settle th;s case for $50,000. I th,nk it's too much. On the other hand, you do need to be aware, there's a big downside if we lose the appeal and we go to trial. I think there's a pretty-- CHAIRMAN CARTER: So if we honor the wishes of the court to go to mediation, then we would have taken a step to go through that part of the process and then make a determination later. MR. PETTIT: Yes, my -- I think the way this will work is if the board chooses to reject the current demands and -- but, you know, listen to anything we bring back from mediation at this point, we w_o. uld have the board look at that on November 14th. Because we re going to know what the result of mediation is then. And the board can then -- and that doesn't -- I don't think that's going to require another closed session. I mean, I think we'll bring it back and say we mediated, they agreed to settle for "X". We either agreed with them and recommend you accept hu;tor we didn't a-ree with them and there was an impasse. ~ou're certainlY'free to accept that offer ,f you want to, or to make a counter offer. COMMISSIONER MAC'KIE: I have a question, and that is I understand that the transcript of this will be available for the public after everything's finished on this case. MR. PETTIT: Correct. COMMISSIONER MAC'KIE: So is there any possibility that anything I say right now could be used against the county in this case or some other case? She might file another case against us? I'd like to give my opinion about the -- because I was on the board at the time -- about what I think our downside possibility would be if we were to go to trial, but I don't want to do that if it might harm the county. Page 195 October 24, 2000 MR. PETTIT: Well, my view, and I'll -- I think David and Ramiro can offer their perspective as well. My view, as I understand this, is that this record remains a closed record until this litigation is absolutely over, which would mean a judgment where all appeals had been exhausted or a settlement. COMMISSIONER BERRY: And at this point Commissioner Mac'Kie -- COMMISSIONER BRANDT: Does it go back to her question? More -- MR. PETTIT: Is there anything that can be used later? COMMISSIONER BRANDT: -- long-term. COMMISSIONER BRANDT: Yes. MR. PETTIT: Okay. Well, I don't think so. MR. WEIGEL: Probably not. These sessions of course have narrow parameters to discuss strategy or expenditures related to the litigation. So extraneous comments are to be avoided because they will be available later. But if the comment or discussion is in regard to the legitimacy of the case, one person's thought, things of that nature, tha.t, will not be -- it will not become a public record until this litigat;on is over. And if there's a question about some other litigation that could spawn from that, I expect that's just the risk that we have. But it may be that this litigation is the litigation, as far as this particular -- MR. PETTIT: Let me just -- I think it would be far-fetched, and I was just sitting here, what scenario? If there was -- if you could come up with some scenario where we somehow were going to get together and perpetrate a fraud on the court, I don't -- so I think that that's my obviously that's not occurring. view. I can't think of any other view -- any other situation that would be. MR. WEIGEL: And what was sued upon was a collective board action -- MR. PETTIT: Correct. MR. WEIGEL: -- and not an individual commissioner's statement or perception that's being discussed later on either. CHAIRMAN CARTER: And Commissioner Mac'Kie at this point is historian for this board to let us know what took place. MR. PETTIT: The only thing I would say is that your comment you addressed -- you .qualified it as .you wanted to address the downside, and I th,nk that's with,n the parameters of Page196 October 24, 2000 what we're here for. COMMISSIONER MAC'KIE: Yeah, so here's -- just briefly. First I'm going to tell you what I think we ought to do. I think we ought to send them to the mediation wi.th instructions to have no offer on the table and come back to us ,f one -- you know, not to accept even a small a. mount of mone..y. Because we can always, like you said, strateg,cally after med,ation, before we even have to spend more money and file briefs or we go through any kind of argument or w. hatever, so we'll still have time. But the p,ece that I feel obligated to tell the rest of the board is my deposition in this case went a lot better than I ever thought it mi,ht. I really dreaded being deposed in this case. because I ha~ some seri-ous concerns about the county's action. And I think that if we went to trial, I might not be so lucky with the questions that I was asked to be able to not testify against the financial interest of the county. And I'm afraid that the pattern of behavior that's gone on thereafter would only enhance the plaintiff's case. I don't want to have to testify in this case, because I don't think I'm going to have anything really positive to say. So I want to put that out on the table in case we don't come back for a closed session in the future, but have some number for consideration when we come back -- when you come back from mediation. MR. MANALICH: The only thing I would add to Mike's comments, the way I see it in the present scenario, what the board needs to decide is you have a situation here where through the court or mediation, prior to briefs being filed, before this case is decided in terms of either coming back for trial or going to be affirmed in our favor on appeal is this is the cheapest point of exit for the board in this case. If -- or even a win. Or it's going to come back and then it's going to become a much bigger risk for the board. And I think if there is at mediation the possibility of some minimal settlement, which we'll define later on when we get to that point, where there's no admission of liability, which I think . would be another consideration for the board, then maybe at that point business prudence would indicate that that should be considered by the board. The other thing is, as Mike pointed out, we have our issues. Page 197 October 24, 2000 If we were to go back to trial about the witnesses, their availability, their motivation, their present standing, given some problems that have been hi.ghly publicized, and. related to that are some evidentiary quest;ons about what ev;dence if any will be admissible in relation to some of those issues, and those will have to be fought at that time. COMMISSIONER BERRY: I have a question regarding -- Ramiro, do you think it would be prudent of this board to set a financial number at this time? In other words, you have the privilege to go ahead and say, I mean, in your conversations and if it comes to a point you know that you have 'X" number of dollars, a limit that you can go to that you wouldn't have to come back to this board until -- unless that was an amount of money that they would agree upon. I mean, I don't know how you do this, but-- MR. WEIGEL: Commissioner, let me respond, if I may, and that is since this board can take no action in this closed session, you would have to do that in our open meeting afterwards. COMMISSIONER BERRY: I see. MR. WEIGEL: And I don't think it's to our advantage to do it prior to the mediation in the first place. COMMISSIONER BERRY: All right. Okay. CHAIRMAN CARTER: We can give direction in the open session that we are giving direction to go to mediation, period. MR. WEIGEL: Yes. MR. OLLIFF: Nor do I think can they make a good decision about what is something they would recommend or not recommend, unless they have to sit down and hear what the other side is saying in terms of the mediation. MR. MANALICH: And one of the things a mediator does in his process is they are people that are lawyers and have some familiarity with the issues and can point out to each side strengths and weaknesses, and then each side can make its own evaluation based on that process. CHAIRMAN CARTER: This mediation process -- and I understand that the Marion County commissioner of which we obtained information in terms of Ms. Bernstein's performance -- COMMISSIONER MAC'KIE: That Commissioner Constantine supposedly talked to. CHAIRMAN CARTER: Supposedly talked to, and related to Page 198 October 24, 2000 the board here, it's my understanding that that commissioner encountered some difficulties and would now be -- he would be -- as a witness we would have the same kind of difficulties because his credibility may be challenged? MR. PETTIT: I think that that to some degree is contingent on how would that be admissible in this case. I think what I've said before is there are a number of evidentiary flashpoints in this case that I have identified and was going to go to the district judge and say the jury shouldn't hear this. But the very fact that I said there are a number is troublesome. And they include such things as I would argue that there should be no testimony on how many women we had in upper level management at that time because that's statistics and there's cases that say without a statistical expert, she can't put on that evidence. I think there's a good chance I lose that argument and they're going to be able to say you had three or four out of 36 departments and six or seven division administrators. That's not a good fact. I think there are some other similar kinds of problems related to Mr. Clark. And then of course other problems we haven't even talked about that could -- I think in each case I'll look at it and say I'll win that one, I'll lose this one. But some things will get in front of that ju.r~, that we don't want them to hear, and they'll get to take that ,nto account in considering her claim. So I mean, that's just a reality. I want to make one more point real quickly. I know it's been a long day for you. Jeff Walker by law can't be here,, but/think it's important to, know that we work carefully with h,m. Every ti.m.e we go -- he s very interested in all these cases and we work w,th him. And he may have already spoken with some of you; I believe he has. His view is generally that he's very reluctant to spend any money on this case at this point. But he also simultaneously will acknowledge that it will get more expensive if we lose the appeal. And I think I heard him say very grudgingly that if in the mediation he becomes convinced that there's a settlement out there in that 15 to 25 range, that he would have to consider it. But he hasn't bought into that yet. From our point of view, I will say that I think Ramiro and I have looked at the 18 to 20 range. I begin to have heartburn Page 199 October 24, 2000 above that, because we've won. I mean, at so.me point yo.u~ve__ got to value your victory, too. I can't -- I have to say sometimes I just think the board, because of -- my you take that risk. . biggest concern in th;s case really, it'.s not an embarrassment or newspapers or anything, my concern ~s this is a big dollar case. And I don't usually bring big -- we don't have that many of these where there's potential for a substantial judgment. COMMISSIONER MAC'KIE: I have one other question before we go, and that is I need to understand the timi.ng. Because as you said, the settlement costs get more expens,ve as time goes on, What would happen -- if we were to give you direction to mediate, what would happen is that you would come -- how much time is there between the mediation and the next action, whatever that is, brief filing or whatever? MR. PETTIT: Their brief is due on the 23rd of November. COMMISSIONER MAC'KIE: Mediation is when? MR. PETTIT: Is on the 9th. And the board meeting is on the 14th. COMMISSIONER MAC'KIE: So they're not going to want to have their attorney spend more time preparing an appellate brief that he's probably not going to get paid for. So between the 9th and the 23rd, is there an opportunity for you to ask us again? MR. PETTIT: The 14th. MR. WEIGEL: Yeah, the 14th. MR. PETTIT: That's why the timing fell out well, because I want to use -- we want to bring this back to the board that's acquainted with it. MR. OLLIFF: But I think it's a good point that as part of mediation, they clearly need to know that the only opportunity -- MR. PETTIT: Is now. MR. OLLIFF: -- is probably the 14th to put as much pressure as possible on them. MR. PETTIT: That's a good point. Because I think it really is ! ' the only opportunity. Because I m not sure .-.I wouldn, t oppose it, but I'm not sure the -- he's had two extens,ons on h;s brief, and I'm not sure they're going to give him any more. CHAIRMAN CARTER: So when we return to the boardroom, we give direction to the County Attorney's Office to whatever the strategy is that's proposed by one of the commissioners. Page 200 October 24, 2000 MR. PETTIT: Well, I think that one of the things is to keep in mind, when the court orders the meeting, we have .to go there with a good faith. So it's not so much that you're d,recting us to mediate, but what you are doing I .think is you are rejecting an $83,309.11 demand, but encouraging us to go to mediate and negotiate. And I think -- I don't know that you need to go say -- MR. WEIGEL: And report back to you. MR. PETTIT: -- and report back to you on the 14th. COMMISSIONER MAC'KIE: And that would be one of the things we can consider, because we can't make that decision in this room. MR. WEIGEL: That's exactly right. MR. PETTIT: Exactly. CHAIRMAN CARTER: So strategy is rejection. Okay, ready to go back in? COMMISSIONER MAC'KIE: Okay, sounds good to me. CHAIRMAN CARTER: Okay, meeting concluded at whatever time, 6:01 p.m. CHAIRMAN CARTER: For the record, we are back in session. Continuing our session, the discussion of the case of Collier County -- Aria Bernstein versus Collier County. MR. WEIGEL: Okay. Mr. Chairman, number four would indicate that you make a statement announcing the termination of the closed session, and then you're off to the races. CHAIRMAN CARTER: Okay. We have terminated the closed section on Aria Bernstein versus Collier County, Case No. 00.14229GG, and we are now back in general session to give staff direction, correct? MR. WEIGEL: That's correct. And we're at Item 9(C) of the agenda. Item #9C SETTLEMENT PROPOSAL IN THE CASE OF BERNSTEIN V. COLLIER COUNTY CASE NO. 00-14229GG - REJECTED AND STAFF DIRECTED TO WORK IN GOOD FAITH IN MEDIATION CHAIRMAN CARTER: And we're on Item 9(C) of the agenda. MR. PETTIT: Commissioners, Mike Pettit from the county attorney's office. We're here, along with Mr. Manalich, to get Page 20t October 24, 2000 d;.~..,;~. ,~n, d~mand we've received in the BernsteJn versus "~"'"' ........ - ....... -- .-,-'-- -'~-- here Collier County case. The demand ,s ~u~,~uu.~-,. w~ ,~ a,=.. to get direction regarding a mediation that has been ordered by the court for November 9, 2000. COMMISSIONER MAC'KIE: I move that we reject the offer of settlement or the demand, and that we instruct you to work in good faith in the mediation session and report back to us. COMMISSIONER BERRY: Second that. CHAIRMAN CARTER: Any discussion? All in favor, signify by saying aye. (Unanimous vote of ayes.) CHAIRMAN CARTER: Motion carries 4-0. MR. PETTIT: Thank you, commissioners. MR. WEIGEL: Thank you very much. Item #15 BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS CHAIRMAN CARTER: Okay, now we are to board communications. Commissioner Berry? COMMISSIONER BERRY: I have no communication. COMMISSIONER BRANDT: I have none. COMMISSIONER MAC'KIE: Me either. CHAIRMAN CARTER: I have none. Therefore, we stand adjourned. ***** Commissioner Mac'Kie moved, seconded by Commissioner Brandt and carried 4/0, that the following items under the Consent and Summary Agendas be approved and/or adopted: ***** Item #16A1 AMENDMENT NO. I TO THE 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING THE RECONSTRUCTION OF THE NAPLES PIER Item #16A2 Page 202 October 24, 2000 2000 TOURISM AGREEMENT WITH THE CITY OF NAPLES REGARDING EMERGENCY DREDGING OF GORDON PASS Item #16A3 AMENDMENT NO. I TO THE 1999 TOURISM AGREEMENT WITH THE CITY OF NAPLES REGARDING INSTALLATION OF T-GROINS AND MODIFICATION OF THE GROIN FIELD NORTH OF GORDON PASS Item #16A4 2000 TOURISM AGREEMENT WITH THE CITY OF NAPLES REGARDING POST DREDGING MONITORING OF DOCTORS PASS Item #16A5 2000 TOURISM AGREEMENT WITH THE CITY OF NAPLES REGARDING MAINTENANCE DREDGING OF DOCTORS PASS Item #16A6 - Continued to November 14, 2000 Item #16A7 CARNIVAL PERMIT 2000-10 RE PETITION C-2000-9, PHYLLIS M. JENSEN, FESTIVAL CHAIRMAN OF THE NAPLES ITALIAN AMERICAN CLUB, REQUESTING A PERMIT TO CONDUCT A CARNIVAL ,'ITALIAN FIESTA" ON NOVEMBER 2, 3, 4 AND 5, 2000, ON THEIR PROPERTY LOCATED AT 7035 AIRPORT ROAD NORTH Item #16A8 CARNIVAL PERMIT 2000-11 RE PETITION C.2000-11, ETTOTE RUBIN, C.S., OF OUR LADY OF GUADALUPE CATHOLIC CHURCH, REQUESTING A PERMIT TO CONDUCT A CARNIVAL ON NOVEMBER 22,2T3~24,25 AND 26, 2000, ON PROPERTY LOCATED AT 207 SOUTH 9 STREET IN IMMOKALEE Item #16A9 Page 203 October 24, 2000 CARNIVAL PERMIT 2000-12 RE PETITION C-2000-10, REVEREND JOSEPH SPINELLI, O.S.A. PASTOR OF THE ST. ELIZABETH SETON PARISH, REQUESTING A PERMIT TO CONDUCT A FESTIVAL ON NOVEMBER 8, 9, 10~,11 AND 12, 2000, ON THEIR PROPERTY LOCATED AT 5325 28 AVENUE S.W. Item #16A10 SOLE BID REJECTED FOR PROPOSAL #00-3127 "CONSULTANT SERVICES FOR CONSOLIDATED PLAN" AND STAFF AUTHORIZED TO RE-ADVERTISE "CONSULTANT SERVICES FOR CONSOLIDATED PLAN" FOR THE COORDINATION OF INFORMATION FOR THE COMPILATION OF A CONSOLIDATED PLAN TO BE SUBMITTED TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AS PART OF THE APPLICATION PROCESS FOR URBAN COUNTY STATUS Item #16A11 EXECUTION OF INTERLOCAL AGREEMENTS WITH BIG CORKSCREW FIRE DISTRICT, EAST NAPLES FIRE DISTRICT, IMMOKALEE FIRE DISTRICT, AND COLLIER MOSQUITO CONTROL DISTRICT TO EXEMPT THEM FROM THE ANNUAL REQUIREMENT TO APPROPRIATE INCREMENT REVENUES TO THE REDEVELOPMENT TRUST FUND Item #16A12 APPROVAL FOR RECORDING THE FINAL PLAT OF "MONTALVO" Item #16A13 APPROVAL FOR RECORDING THE FINAL PLAT OF FIDDLER'S CREEK" "CASCADA AT Item #16A14 APPROVAL FOR RECORDING THE FINAL PLAT OF ,'DAVINCI ESTATES", AND APPROVAL OF THE STANDARD FORM Page 204 October 24, 2000 CONSTRUCTION AND MAINTENANCE AGREEMENT AND THE AMOUNT OF THE PERFORMANCE SECURITY Item #16A15 APPROVAL FOR RECORDING THE FINAL PLAT OF "NAPLES GATEWAY PHASE TWO" AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND THE AMOUNT OF THE PERFORMANCE SECURITY Item #16A16 APPROVAL FOR RECORDING THE FINAL PLAT OF "MEDITERRA PARCEL 109", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND THE AMOUNT OF THE PERFORMANCE SECURITY Item #16A17 APPROVAL FOR RECORDING THE FINAL PLAT OF "MEDITERRA PARCEL 101-A", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND THE AMOUNT OF THE PERFORMANCE SECURITY Item #16A18 APPROVAL FOR RECORDING THE FINAL PLAT OF "MEDITERRA PARCEL 110", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND THE AMOUNT OF THE PERFORMANCE SECURITY Item #16A19 REQUEST FROM THE CIVIL AIR PATROL FOR PAYMENT OF BUILDING PERMIT FEES AND IMPACT FEES FROM THE GENERAL FUND FOR A T-HANGAR TO BE BUILT AT THE MARCO ISLAND EXECUTIVE AIRPORT Item #16A20 Page 205 October 24, 2000 TEMPORARY USE PERMIT 550 RE ERNIE BRENTZMAN REPRESENTING THE UNITED WAY OF COLLIER COUNTY, INC., REQUESTING A TEMPORARY USE PERMIT EXTENSION FROM THE 28 CALENDAR DAYS, AS ALLOWED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC), TO ALLOW THE UNITED WAY THERMOMETER SIGNS TO REMAIN IN PLACE FOR AN ADDITIONAL 67 DAYS UNTIL JANUARY 15, 2001 Item #16B1 STIPULATED FINAL JUDGMENT AS TO PARCEL 108 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOSE L. REY, ET AL., CASE NO. 99-3683-CA (GOLDEN GATE BOULEVARD) STAFF TO DEPOSIT AN ADDITIONAL $400 INTO THE REGISTRY OF THE CO U RT Item #16B2 AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH AGNOLI, BARBER AND BRUNDAGE, INC., FOR THE DESIGN OF LIVINGSTON ROAD (GOLDEN GATE PARKWAY TO COMMUNITY SCHOOL ENTRANCE), PROJECT #60071 AND LIVINGSTON ROAD (COMMUNITY SCHOOL ENTRANCE TO IMMOKALEE ROAD), PROJECT NO. 62071 IN THE AMOUNT OF $~.?0,950 Item #16B3 PURCHASE OF A ONE (1) COMMERCIAL ASPHALT PAVER, IN ACCORDANCE WITH BID #00-3151 AWARDED TO LINDER INDUSTRIAL MACHINERY COMPANY IN THE AMOUNT OF $58,810 Item #16B4 PURCHASE OF A ONE (1) 15 CY DUMP TRUCK, IN ACCORDANCE WITH BID #-00-3149, AWARDED TO WALLACE INTERNATIONAL TRUCKS, INC. IN THE AMOUNT OF $63,550 Item #16B5 Page 206 October 24, 2000 PURCHASE OF A ONE (1) TANDEM AXLE TRUCK-TRACTOR, IN ACCORDANCE WITH BID# 00-3147, AWARDED TO WALLACE INTERNATIONAL TRUCKS~ INC. IN THE AMOUNT OF $66~920 Item #16B6 PURCHASE OF A ONE (1) 5 CY DUMP TRUCK~ IN ACCORDANCE WITH BID #00-3150~ AWARDED TO WALLACE INTERNATIONAL TRUCKS~ INC. IN THE AMOUNT OF $41~400 Item #16B7 ACCEPTANCE OF A GRANT OF NON-EXCLUSIVE EASEMENT AND A GRANT OF NON-EXCLUSIVE IRREVOCABLE LICENSES FROM PELICAN BAY FOUNDATION, INC. FOR THE INSTALLATION OF DIRECTIONAL AND OR IDENTIFICATION SIGNS, LANDSCAPING, LIGHTING AND MAINTENANCE Item #16B8 CONTRACT AMENDMENT NO. 97-2715-A02 WITH AGNOLI, BARBER AND BRUNDAGE~ INC.~ FOR THE LELY AREA STORMWATER IMPROVEMENT PROJECT- PHASE I (PROJECT NO. 31101) Item #16B9 AMENDMENT NO. I TO LIVINGSTON ROAD CONSTRUCTION ENGINEERING INSPECTION PROFESSIONAL SERVICES AGREEMENT WITH KISINGER CAMPO AND ASSOCIATES CORP. (PROJECT NO. 60061) {CIE NO. 53) IN THE AMOUNT OF $236~966 Item #16C1 - Deleted Item #16C2 PURCHASE ORDER AWARDED TO TRISEP CORPORATION, TO FURNISH AND DELIVER NEW NANOFILTRATION MEMBRANE ELEMENTS AND ACCESSORIES TO THE NORTH COUNTY Page 207 October 24, 2000 REGIONAL WATER TREATMENT PLANT, BID 00-3132, PROJECT 70887 IN THE AMOUNT OF $955,500 Item #16C3 CONTRACT AWARDED TO FLORIDA STATE UNDERGROUND, INC. TO CONSTRUCT A 12" WATER MAIN ON EAST U.S. 41 FROM MANATEE ROAD TO BOYNE SOUTH AND A 6" FORCE MAIN FROM PUMP STATION 3.17 TO BOYNE SOUTH, BID 00-3145, PROJECTS 70862 AND 73061, IN THE AMOUNT OF $771,280.81 Item #16C4 CONSULTANT SELECTION FOR ENGINEERING SERVICES FOR THE NORTH COUNTY WASTEWATER RECLAMATION FACILITY DEEP INJECTION WELL, RFP 00-3122, PROJECT 73948 WITH WATER RESOURCE SOLUTIONS, INC. Item #16C5 WORK ORDER HAA-FT-00-02 FOR ENGINEERING SERVICES RELATED TO NOISE ISSUES AT THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT, PROJECT 70063 WITH HARTMAN & ASSOCIATES, INC. IN THE AMOUNT OF $32,860 Item #16D1 GRANT APPLICATION FOR AARON LUTZ NEIGHBORHOOD PARK TO INSTALL A PICNIC SHELTER AND LANDSCAPING IN THE AMOUNT OF $56,250 WITH MATCHING FUNDS UP TO $18,750 Item #16D2 GRANT APPLICATION FOR IMPROVEMENTS AT AIRPORT PARK IN IMMOKALEE IN THE AMOUNT OF $125,000 WITH MATCHING FUNDS UP TO $125,000 Item #16D3 BID #00-3099 TO T-SHIRT EXPRESS OF S.W. FLORIDA INC. FOR T- Page 208 October 24, 2000 SHIRTS USED IN ATHLETIC AND RECREATION PROGRAMS BY THE PARKS AND RECR;~,TION DEPARTMENT Item #16D4 PRESENTATION OF THE FY00 ANNUAL REPORT OF THE COLLIER COUNTY FILM COMMISSION - REPORT ACCEPTED Item #16D5 ENDORSEMENTS OF EFFORTS TO REPLACE LOCAL MATCHING FUND REQUIREMENTS FOR THE HEALTHY KIDS INSURANCE PROGRAM WITH STATE FUNDS Item #16E1 BID NO. 00-3142 GROUNDS MAINTENANCE FOR COLLIER COUNTY SATELLITE FACILITIES AWARDED TO FLORIDA PROPERTY MAINTENANCE Item #16E2 - Deleted Item #16E3 RESOLUTION 2000-371 EMPLOYEE REFERRAL BONUS PROGRAM TO REWARD EMPLOYEES FOR FINDING QUALIFIED JOB APPLICANTS FOR COUNTY POSITIONS Item #16E4 BID #00-3143, "PAINT AND RELATED ITEMS" AWARDED TO SHERWIN WILLIAMS AND SCOTT PAINT Item #16E5 RFP #00-3090 "INDOOR AIR QUALITY SERVICES" - AWARDED TO PURE AIR CONTROL SERVICES Item #16E6 - Deleted Page 209 October 24, 2000 Item #16E7 REVISED METHOD FOR FUNDING THE ACQUISITION OF MOTOR POOL REPLACEMENT VEHICLES AND BUDGET AMENDMENTS ASSOCIATED WITH IMPLEMENTING THE NEW PROCESS Item #16E8 SIX HUNDRED AND TWENTY-SEVEN (627) COUNTY-OWNED COMPUTERS DECLARED AS SURPLUS AND AUTHORIZATION FOR SALE OF THIS SURPLUS PROPERTY TO EMPLOYEES OF THE BOARD OF COUNTY COMMISSIONERS PURSUANT TO FLORIDA STATE STATUTE 274.06 Item #16G1 APPROVAL OF BUDGET AMENDMENTS #00-515 AND #01-005 Item #16G2 CONTRACT FOR FINANCIAL ADVISORY SERVICES . FORMAL COMPETITION REQUIREMENT WAIVED AND CONTRACT AWARDED TO WILLIAM R. HOUGH & CO. Item #16J1 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 210 October 24, 2000 Item #16L1 CONTRACT WITH GREGORY COURT REPORTING SERVICE FOR COURT REPORTING SERVICES FOR COLLIER COUNTY Item #16L2 RESOLUTION 2000-362 AUTHORIZING COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO ISSUE REVENUE BONDS TO BE USED TO FINANCE MANUFACTURING FACILITIES FOR THE DIAZ FAMILY LIMITED PARTNERSHIP AND GULF COAST AMERICAN BLIND CORP Item #16L3 STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCELS 240 AND 240T IN THE LAWSUIT ENTITLED COLLIER COUNTY V. ROBERT L. DAVIS, ET AL., (GOLDEN GATE BOULEVARD PROJECT) - STAFF TO DEPOSIT $400.00 IN THE REGISTRY OF THE COURT Item #17A ORDINANCE 2000-63 RE PETITION NO. PUD 2000-07, ROBERT DUANE OF HOLE, MONTES & ASSOCIATES, INC., REPRESENTING NORTH NAPLES - BONITA LAND TRUST, REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS TWO LAKES PLAZA FOR A MAXIMUM OF 144,000 SQUARE FEET OF COMMERCIAL RETAIL AND/OR A MAXIMUM OF 288,000 SQUARE FEET OF PROFESSIONAL OFFICE USES FOR PROPERTY LOCATED ON THE EAST SIDE OF U.S. 4t NORTH, ONE MILE NORTH OF THE OLD U.S. 4t INTERSECTION Item #17B ORDINANCE 2000-64 RE PETITION R-2000-02, DOUGLAS WORKMAN REQUESTING A REZONE FROM "MH" MOBILE HOME TO "RSF-5" RESIDENTIAL SINGLE-FAMILY FOR PROPERTY LOCATED AT THE EASTERN TERMINUS OF VAN BUREN AVENUE Page 211 ~KELLY PLAZA_)_ October 24, 2000 Item #1 ?C ORDINANCE 2000.65 REPETITION R-00-5, MR. D. WAYNE ARNOLD OF Q. GRADY MINOR & ASSOCIATES, REPRESENTING JER . NICHOLES, REQUESTING A REZONE F~,~-- ,,-~--- -,, ---- RY F ~Co'AA"i~FOR PROPERTY LOCATED AT 141'~'A'"N~4r~ ~i~)E'~' TO Item #17D RESOLUTION 2000-363 RE PETITION VAC 00-010 TO V THE PLAT OF "FISHm-A-,--. -,-- ....... ACATE ~ --,~,~,-~,n L~W/I.~ AC;RES PHASE ,,. · ~ECORDED IN PL ONE , AS AT BOOK 23, PAGES 58 TH RECORDS OF COLLIE" ",~,,-,-~- ....... ROUGH 59, PUBLIC · - --~,~,--~T. t.U~ATED IN TOWNSHIP 46 SOUTH_LRANGE 29 EAST SECTION 31, The.re being no.further business for the go.od of the County, the meeting was adJourned by order of the Chair at 6:15 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX JAMES ~.D, CHAI~I~AN _or as corrected ,as October 24, 2000 TRANSCRIPT PREPARED ON BEHALF OF GREGORY COUR REPORTING SERVICE, INC,, BY KELLEY ,-, ,--- ....... T ,,,. raLr:~rlA, RPR, KAYE GRAY, RPR, AND CHERIE' R. LEONE, NOTARY PUBLIC Page 213