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BCC Minutes 02/27/2001 RFebruary 27, 2001 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS REGULAR MEETING OF FEBRUARY 27, 2001 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: CHAIRPERSON: ALSO PRESENT: James D. Carter, PhD. Pamela S. Mac'Kie Jim Coletta Donna Fiala Tom Henning Tom Olliff, County Administrator David Weigel, County Attorney Page I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, February 27, 2001 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 February 27, 2001 1. INVOCATION - Pastor Michael Smith, New Hope Ministries 2. PLEDGE OF ALLEGIANCE 3, APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. February 1,2001 -Workshop B. February 6, 2001 - Workshop 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS B. SERVICE AWARDS Five Year Attendees: 1) Phillip Tindall, Community Development 2) Theresa Potter, Building Review 3) Hilda Clair, Library 4) Alison Saba, Library 5) Edward Harkins, Parks and Recreation 6) Paul Brower, Wastewater Twenty-Five Year Attendee: 7) Timothy Billings, Community Development C. PRESENTATIONS 1) Recommendation to recognize Lazaro Blanco, Senior Equipment Operator, Stormwater Management Department, as Employee of the Month for February 2001. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 1) To present the Certificate of Achievement for Excellence in Financial Reporting to the Board of County Commissioners. 2 February 27, 2001 2) To present to the Board of County Commissioners the Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2000. THIS ITEM WILL BE HEARD IN CONJUNCTION WITH ITEM 8 G 1. PUBLIC PETITIONS COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Report to the Board of County Commissioners regarding the current structure of the policies and regulations for commercial excavations and request direction from the Board to staff regarding those regulations. 2) THIS ITEM IS BEING CONTINUED TO THE MARCH 13~ 2001 MEETING. Consolidation of the Impact Fee Ordinance. Copy of Ordinance will be made available on February 27, 2001 at the County Manager's Office or Community Development and Environmental Services. B. TRANSPORTATION SERVICES C. PUBLIC UTILITIES 1) Approve request to terminate Coastal Engineering from remaining contracts with Collier County and approve retention of replacement engineers to finish projects, when and as necessary, and approve any necessary budget amendments. D. PUBLIC SERVICES E. SUPPORT SERVICES 1) Approval of the Collier County Government Equal Employment Opportunity Plan. F. EMERGENCY SERVICES G. COUNTY MANAGER 1) Report regarding the State of the CountyNital Signs Report. THIS ITEM WILL BE HEARD IN CONJUNCTION WITH ITEM 6 A2. AIRPORT AUTHORITY 3 February 27, 2001 9. COUNTY ATTORNEY'S REPORT 10. 11. Am Recommendation to the Board of County Commissioners to consider a proposed agreement from the City of Naples concerning the location of an exploratory well for a proposed aquifer storage recovery system. BOARD OF COUNTY COMMISSIONERS Aa Discussion regarding County's support for North Belle Meade CARL acquisition. (Commissioner Mac'Kie) Appointment of Commissioner to the Canvassing Board for 2001. (Commissioner Carter) Ca Appointment of members to the Emergency Medical Services Advisory Council. Appointment of member to the Lely Golf Estates Beautification Advisory Committee. Ew Appointment of member to the Development Services Advisory Committee. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. COMMUNITY REDEVELOPMENT AGENCY 1) That the Community Redevelopment Agency Board review the proposal received for the Gateway "Mini Triangle" redevelopment project; not accept the proposal as submitted; and direct staff to return to the Board within 120 days to consider re-advertising "An Invitation to Submit Proposals" with additional submittal requirements. C. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS -BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 4 February 27, 2001 1) THIS ITEM WAS CONTINUED FROM THE JANUARY 23, 2001 2) MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUD-86-22 (2), Mr. William Hoover, representing Mr. Peter Longo of Ohio Sealants, requesting an amendment to the Pine Ridge Center PUD having the effect of providing an East/West cross access road on the PUD master plan and adding Tract "C" to the plan, correcting the project acreage and the property owners address, and adding additional retail commercial uses for property located on the South side of Pine Ridge Road and approximately 660 feet West of Whippoorwill Lane in Section 18, Township 49 South, Range 26 East, Collier County, Florida. THIS ITEM WAS CONTINUED FROM THE JANUARY 23~ 2001 MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUD-88-11 (2), Mr. William Hoover, representing Mr. Anthony Jancigar, requesting an amendment to the Pine Ridge Center West PUD having the effect of providing an East/West cross access road on the PUD master plan and adding Tract "C" to the plan, correcting the project acreage and the property owners address, and additional retail commercial uses for property located on the South side of Pine Ridge Road and approximately 980 feet West of Whippoorwill Lane in Section 18, Township 49 South, Range 26 East, Collier County, Florida. 3) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUD-00-6, William L. Hoover of Hoover Planning, representing Ronald W. Ragge, requesting a rezone from "E" Estates to "PUD" Planned Unit Development to be known as Ragge PUD allowing for a mixture of Commercial and Office Land Uses for property located on the North side of Pine Ridge Road (C.R. 896), and opposite Whipporwill Lane in Section 7, Township 49 South, Range 26 East, Collier County, Florida. OTHER 1) IT IS REQUESTED THAT THIS ITEM BE HEARD AT 11:00 A.M. Amendments to Collier County Ordinance No. 92-102 creating the Collier County Public Guardianship Program to conform to Florida Statutes by providing for placement of the program under the Statewide Public Guardianship Office, appointments to the office, redefining powers, preparations of the budget, procedures and rules, costs, necessary reports, access to records and surety bond. 5 February 27, 2001 13. BOARD OF ZONING APPEALS 14. 15. A. ADVERTISED PUBLIC HEARINGS 1) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. V- 2000-32, Stanley Whittemore, representing Ferdinand and Catherine Fountain, requesting a 5-foot variance from the required 30-foot rear yard setback to 25 feet for property located at 355 Kings Way, further described as Lot 8, Block G, Foxfire Unit 3, in Section 6, Township 50 South, Range 26 East, Collier County, Florida. 2) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition CU-2000-18, Kenneth B. Cuyler, Esquire, representing Sunvac Corporation, M & H Stables, requesting a conditional use for horseback riding lessons and horse rental activity on a parcel of land zoned "A" Agricultural for a property located on the South side of Newman Drive 1.5 miles East of Collier Boulevard and one mile South of Interstate 1-75, this site consists of 10+ acres. B. OTHER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS Reactivating the City and County Managers/Administrators Committee. (Commissioner Carter) 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. ! m!!! mmm mm! m!!! !! mmmm mmm m!m !!m mmm mmmm m!m m!m! m!m mm! m!!! mm! mmm m!!m !!m mm!m mmm m!! !mm !mm mmm mmm mm! !m!mmmmmm mmm m!!! mmm m A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES l) Authorize a Resolution relating to the enforcement of vegetation removal in the rural areas of the County in response to the threat of fire. 6 February 27, 2001 2) 3) 4) s) 6) 7) 8) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Bay Laurel Estates at Pelican Marsh Unit Twenty-One". Petition Carny-2001-AR #369, Duane Wheeler, of the Rotary Club of Immokalee, requesting permit to conduct a carnival from March 1,2, $ and 4, 2001 and March 8, 9, 10 and 11,2001 on County owned property located on the Southwest portion of the Immokalee Regional Airport, 520 Airways Road. Final acceptance of water utility facilities for Ritz-Carlton parking garage. Final acceptance of water utility facilities for Boyne South. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Fiddler's Creek Phase lB, Unit Two". Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Fiddler's Creek Phase lA". Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Fiddler's Creek Phase lB, Unit One". 9) Request to approve for recording the final plat of "Norman Estates at Pelican Marsh Unit 23 replat of Lots 3 through 18 and Part of Tract B". TRANSPORTATION SERVICES 1) Approve Change Order Number 3 with Better Roads, Inc. for additional construction services for revising Livingston Road four lane to Livingston Road six lane, Project #60061. 2) Approve Change Order Number 5 with APAC-Florida, Inc. for additional construction services for the widening of Immokalee Road from 1-75 to Collier Boulevard (CR 951), Project No. 69101. 3) Recommendation to extend Contract #98-2821, contractual services for traffic signals and street lights. 4) Approval of staff selection of professional landscape architecture services firms and authorization to negotiate and award agreements to same for fixed-term professional 7 February 27, 2001 Ca 5) 6) 7) 8) 9) 11) 12) landscape architectural services (RFP #00-3131 ). Approve a Budget Amendment to provide funds to the Lely Golf Estates Municipal Services Taxing Unit (MSTU) Beautification Fund. Request for speed limit reduction from thirty miles per hour (30 MPH) to twenty-five miles per hour (25 MPH) in Goodland. Recommendation that the Board of County Commissioners approve the short list from RFP #00-3152 for an environmental consultant for Clam Bay Restoration and authorize staff to negotiate with the top ranked firm. Request Board direction to establish a proposed Livingston Road Beautification MSTU. Approve a Budget Amendment for Construction Engineering Inspection Contract to Consul-Tech Engineering, Inc., for the widening of Airport-Pulling Road, Collier County Project No. 62031, CIE No. 55, RFP No. 00-3081. Approve sole source purchase of "Tideflex" valves for outfall pipes under US 41/Davis Boulevard Intersection, Project 31805. Approve a bare license agreement between Collier County and WCI Communities, Inc., for use of vacant county-owned property. Approve a Resolution providing for the establishment of an ADHOC Advisory Committee to provide input and guidance in the aesthetic appearance of the 1-75/Golden Gate Parkway Interchange and the Golden Gate Parkway Corridor as the Gateway to Naples and Golden Gate City. PUBLIC UTILITIES 1) Approve the satisfaction of lien documents filed against Real Property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. 2) Approve Amendment No. 9 to the Professional Services Agreement with Humiston and Moore Engineers for work associated with the Big Marco and Capri Pass Inlet Management Plan. 8 February 27,2001 Dm 3) 4) 5) Approve Change Order No. 1 to Amendment No. 6 of the Professional Services Agreement with Humiston and Moore Engineers for the Big Marco Pass and Capri Pass Inlet Management Plan. Adopt a Resolution approwng the satisfaction of liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Adopt a Resolution approwng the satisfaction of liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. 6) Adopt a Resolution approwng the satisfaction of liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. 7) Adopt a Resolution approwng the satisfaction of liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. 8) Adopt a Resolution approving the satisfaction of liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. 9) Adopt a Resolution approwng the satisfaction of liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. 10) Approval and execution of satisfactions of notice of promise to pay and agreement to extend payment of water and/or sewer system impact fees. Authorize a Work Order under the fixed term structural engineering services contract with Kris Jain and Associates, Inc., for design of a storage building for the North County Water Reclamation Facility. PUBLIC SERVICES 9 February 27, 2001 1) Award of Bid 00-3186 for the re-decking of the existing boardwalks at Tigertail Beach. 2) Acceptance of an additional $62,667 in State Aid to Libraries in FY01. 3) Approve road closure of State Road 29 for Roberts Ranch Roundup Cattle Drive. 4) Approve a change order for Vineyards Community Park Project. SUPPORT SERVICES 1) Recommendation to amend County purchasing policy to modify current staff authority and expedite project delivery schedules. 2) Recommendation to declare certain county-owned property as surplus and authorize a sale of surplus property and approve sale of surplus Bid No. 00-3160 double-wide trailer to Suncoast Steel. EMERGENCY SERVICES 1) Award Bid No. 00-3155 for the purchase of expendable medical supplies for the Emergency Medical Services Department. COUNTY MANAGER 1) Approval of Budget Amendment Report - Budget Amendment #01-185. AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS COUNTY ATTORNEY 1) Approve the Stipulated Final Judgment relative to the easement acquisition of Parcel 258 in the Lawsuit entitled Collier County v. David G. Hurlbut, Jr., Trustee, et al, Case No. 00-1398-CA (Golden Gate Boulevard, Project No. 63041). ]0 February 27, 2001 2) Approve the Stipulated Final Judgment providing payment for the County's interest in Parcels 101 and 803 acquired by Florida Department of Transportation in State of Florida Department of Transportation v. John N. Brugger, as Trustee, et al. 3) A Resolution clarifying the membership of the Collier County Community Health Care Planning and Finance Committee. 17. SUMMARY AGENDA- THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. Approve Repeal of Collier County Ordinance 74-3 Establishing the Golden Gate Fire Control District Municipal Service Taxing Unit In Its Entirety. Approve Repeal of Collier County Ordinance 75-9 That Called for a Referendum to Establish the Collier County Fire Control District One In Its Entirety. Recommendation to accept a settlement proposal in the case of Walden Oaks of Naples Homeowners Association Inc., et al v. Collier County and BIC's Investment Corporation, Case No. 98-2540-CA and Case No. 98-3135-CA pending in the Twentieth Judicial Circuit Court, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGESTOTHEBOARD'SAGENDASHOULDBE MADETOTHECOUNTY MANAGER'S OFFICEAT774-8383. 11 February 27, 2001 February 27, 2001 Item #3A, B&C CONSENT, SUMMARY AND REGULAR AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN CARTER: Good morning. Welcome to the Tuesday, February 27, 2001 Board of County Commissioners' meeting. If you would all rise with me for the invocation followed by the Pledge of Allegiance. The invocation this morning is by Mr. Michael Smith of New Hope Ministries. PASTOR SMITH: Good morning, commissioners, ladies and gentlemen. Let's bow our heads in prayer. Dear Lord and Heavenly Father, we thank you for this day. We thank you for your love, Lord, that so aboundingly comes towards us through your son, Jesus Christ, because your word says that he is forever interceding for us. Your word also says, Lord, that we are to pray for those who are in authority over us, and so, Lord, we thank you that through those prayers that they might be granted a heart of wisdom, your wisdom. Father, this day we pray for every aspect of government represented here, but especially for our commissioners. We pray for them individually and corporately, Lord God, as a board, that you would grant them your wisdom this day. Father, I pray for their lives individually and for them corporately also that they would display integrity in every area of their lives and as a board so that the young people of this community, of this county would see them as an example, and they would desire to grow up to be just as they are. Lord, your word also says that unless you build the house, the building is done in vain, and so, Lord, again, I ask for wisdom for the commissioners this morning and for that which they set their hand to. Father, this would not be a time in vain, but it would be of your purpose, and, Father, we are gathered here again that they might be granted your wisdom operating under your grace and your anointing, and, Father, we give you praise and glory and honor for that, and we thank you for the people, Lord, because without the people, there would be no reason for us to be Page 2 February 27, 2001 gathered here today. Even as in our churches, without the people, there would be no reason for us to be there as pastors. So help us in our hearts, Lord, to remember that we are serving the people of this community this day, and we give you praise and honor and glory in the capacity to be able to serve them, Lord, that Collier County might be a shining light of godly and successful government, and it is in Jesus' name that we pray. Amen. (The Pledge of Allegiance was recited in unison.} CHAIRMAN CARTER: Good morning, Mr. Olliff. MR. OLLIFF: Good morning. Good morning, board members. COMMISSIONER MAC'KIE: Good morning, Mr. Olliff. MR. OLLIFF: If I could, I'll walk you through your changes on the agenda this morning, Mr. Chairman. If you notice, we've actually gotten a little smarter, and we put your change list in the order of the agenda so you don't have to keep flipping back and forth to try and find where I'm going. COMMISSIONER MAC'KIE: Oh, my gosh, that's a major innovation. Thank you. MR. OLLIFF: After, I think, 30 years of doing it the other way. CHAIRMAN CARTER: Now I'm confused, Tom. I'll never be able to follow it. MR. OLLIFF: The first change on your list is an addition. It's adding Item 5(A}(1}. It's at staff's request that we add a proclamation of the Board of County Commissioners that is what we would call a rolling state of emergency, and we will allow this proclamation to be on your agenda each board meeting, and it simply provides your emergency management staff an opportunity to have the emergency provisions in place, especially during this brush fire season, so that if something occurs between board meetings, we don't have to call an emergency meeting in order to be able to exercise those emergency powers. CHAIRMAN CARTER: So, all we have to do is move for approval this morning, and we have to read it into the record? MR. OLLIFF: No, sir, you can just move for approval when we get to that item, 5(A}(1}. The next item is a move from the consent agenda. It's Page 3 February 27, 2001 16(B)(8), moving to 8(B), as in boy, (1). That's at staff's request again. It is a request that board direct to establish a proposed Livingston Road beautification MSTU. We had a call this morning from someone who wanted to speak on that item, so that's the reason for the move to the regular agenda. The next item is a continuance continuing 10(A) under the Board of County Commissioners to the March 13th meeting. That was a discussion regarding county support for the North Belle Meade CARL acquisition. COMMISSIONER MAC'KIE: Could I ask that that just be continued indefinitely so I have a little more flexibility on when to bring that back? MR. OLLIFF: We'll make that note. The next two items are additions, Mr. Chairman. It's an addition of 10(F), again, under the Board of County Commissioners, a discussion regarding the Santa Barbara Extension alignment, and that's at Commissioner Fiala's request. 10(G) will be the discussion regarding the Pelican Bay dependent district, and, again, that is at Commissioner Fiala's request. CHAIRMAN CARTER: My comment on that, Mr. Olliff, that I intended to bring that up under board of communications today, but since it's on the agenda, I have all the information, I think, that will help the board understand the process that got us here, and I will be recommending that if the community wants to change it, we go back to the same process, and I will elaborate on that underneath that discussion item. MR. OLLIFF: The next item is a continuation from your consent agenda of 16(A)(5), and that was final acceptance of water utility facilities for Boyne South, and that's been continued indefinitely at the staff's request, and the last item is also a continuance off of your summary agenda. Item 17(C) is being continued to the March 13th meeting, and that was a settlement proposal in the case of Walden Oaks of Naples Homeowners' Association versus Collier County and Bic's Investment Corporation. Mr. Chairman, the only other thing I've got is just a scriveners error or note that I need to make for the record. On Item 8(E)(1) under the fiscal impact, there is a figure that shows the amount, the total amount of grant funds under the sheriff's Page 4 February 27, 2001 department that are affected by this EEOP program. The figure in the fiscal impact statement reads 9,938. It actually should have been $9,938,479 in grant funds that have been obtained by the sheriff's department. CHAIRMAN CARTER: It makes a big difference, doesn't it. Thank you. MR. OLLIFF: I just need to also just point out that there are one time certain item requested on your agenda and then one movement of an item of the vital signs report under the county manager up to be heard at the same time as your financial audit information. CHAIRMAN CARTER: Thank you. Mr. Weigel. MR. WEIGEL.' No, all the changes have been covered. Thank yOU, CHAIRMAN CARTER: Commissioner Henning. COMMISSIONER HENNING.' Nothing, Mr. Chairman. COMMISSIONER MAC'KIE: Nothing. CHAIRMAN CARTER: Commissioner. Commissioner. COMMISSIONER COLETTA: Nothing, Mr. Chairman. COMMISSIONER MAC'KIE: Motion -- oh, did you have anything? COMMISSIONER FIALA: I have two things, but real fast. First of all, Mr. Henning -- or Commissioner Henning, I just want to compliment you right here in public to tell you that I got a call from Briarwood residents who said that they called you with some problems that they've been having. You immediately jumped onto them and have gone all the way to the state to get their problems taken care of, and we really appreciate that, and COMMISSIONER HENNING: Thank you. COMMISSIONER FIALA: -- so I just wanted to say that publicly, and the second thing is, I've been communicating with the city. I'll bring it up later under commission notes, but we're going to just tweak the words a little bit on that beach renourishment committee. The words please both the City of Naples, the City of Marco Island and the County, and so -- but I'll be reading that later on in the day. Thank you. Page 5 February 27, 2001 CHAIRMAN CARTER: Thank you, Commissioner. No -- seeing no changes -- COMMISSIONER MAC'KIE: Motion to approve consent, summary and regular agenda. CHAIRMAN CARTER: Okay. Motion to approve by Commissioner Mac'Kie. COMMISSIONER COLETTA: Second. CHAIRMAN CARTER: Second by Mr. Commissioner Coletta. All in favor, signify by saying aye. Opposed, by the same sign? (No response). CHAIRMAN CARTER: Motion carries. Page 6 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 27, 2001 ADD: 5 (A) 1 PROCLAMATION: Proclamation of the Board of County Commissioners of Collier County to declare a State of Emergency for all territory within the legal boundaries of Collier County including all Incorporated and Unincorporated areas. (Staff's request) MOVE: 16 (B) 8 TO 8 (B) 1: Request Board direction to establish a proposed Livingston Road Beautification MSTU. (Staff's request) CONTINUE: 10 A to March 13, 2001 BCC Meetin_cl: Discussion regarding County's support for North Belle Meade CARL Acquisition. (Commissioner Mac'Kie) ADD: 10F: Discussion regarding Santa Barbara Extension alignment. (Commissioner Fiala) ADD: 10 G: Discussion regarding Pelican (Commissioner Fiala) Bay Dependent District CONTINUE: 16 (A) 5 Indefinitely: Final acceptance of water utility facilities for Boyne South. (Staff's request) CONTINUE: 17 (C) to March 13, 2001 BCC Meetin_cl: Recommendation to accept a settlement proposal in the case of Walden Oaks of Naples Homeowners Association Inc., et al v. Collier County and BIC's Investment Corporation, Case No. 98-2540-CA and Case No. 98-3135-CA pending in the Twentieth Judicial Circuit Court, Collier County, Florida. (Staff's request) February 27, 2001 Item #4 MINUTES OF THE FEBRUARY I AND FEBRUARY 6, 2001 WORKSHOPS - APPROVED AS PRESENTED COMMISSIONER MAC'KIE: Motion to approve the minutes of February 1st and 6th workshops. COMMISSIONER HENNING: Second. CHAIRMAN CARTER: Second -- motion by Commissioner Fiala (sic), seconded by Commissioner Henning to approve all the minutes. All in favor, signify by saying aye. Opposed, by the same sign? (No response}. Item #5A1 RESOLUTION 2001-66 DECLARING A STATE OF EMERGENCY FOR ALL TERRITORY WITHIN THE LEGAL BOUNDARIES OF COLLIER COUNTY INCLUDING ALL INCORPORATED AND UNINCORPORATED AREAS - ADOPTED COMMISSIONER MAC'KIE: Motion to approve the state of emergency proclamation. CHAIRMAN CARTER: I'll second that. All in favor, signify by saying aye. Opposed, by the same sign? (No response). CHAIRMAN CARTER: Motion carries. Item #5B EMPLOYEE SERVICE AWARDS - PRESENTED That takes us now to service awards, and who is the lucky person today? COMMISSIONER COLETTA: I -- I have them right here, Chairman Carter. CHAIRMAN CARTER: Mr. -- Commissioner Coletta, okay. COMMISSIONER COLETTA: I sure do. Page 7 February 27, 2001 Would Phillip Tindall, Theresa Potter and Timothy Billings please -- thank you. Would Phillip Tindall, Theresa Potter and Timothy Billings please come up front here, please? Phillip, it's a pleasure to give you this five year award for your service in the county. Thank you very much. Is Theresa here? No, she isn't. Okay. And Timothy, 25 years, congratulations. Nice, a little something extra here for you, a Collier County tie pin. That's it. Item #5C LAZARO BLANCO, SENIOR EQUIPMENT OPERATOR, STORMWATER MANAGEMENT DEPARTMENT RECOGNIZED AS EMPLOYEE OF THE MONTH FOR FEBRUARY 2001 CHAIRMAN CARTER: Okay. While you're all down here, I'm going to do the employee of the month award. We might all want to stay right here while we bring this person, this gentleman up here and not strangle everybody with this cord. This -- the employee of the month is Lazaro Blanco, and, Lazaro, I'd like you to come up here and get right in front of the cameras so everybody out there in TV land can see this gentleman. You turn around and face the audience, and we're going to tell you some great things about what this gentleman has done. He has been with the County for over 20 years and has been with the stormwater management department for 18 years. Lazaro is an excellent team player and is always willing to assist his fellow co-workers. Lazaro started out in the stormwater management department as an equipment operator one. He's learned many skills along the way to be promoted to a senior equipment operator. The stormwater management department has received numerous letters of thanks for the excellent and professional services they have received from the department, quoting the work that was completed by Lazaro. Lazaro is a great example of what people can do for people, providing great community service. Page 8 February 27, 2001 Lazaro, it is our -- my pleasure and the board's pleasure to congratulate you as the employee of the month. We have -- we have a letter, and we have a check that I'm sure that you'll be able to take care of all right, a small token of our appreciation, and also a plaque that will be proudly displayed recognizing him not only today but forever. So, Lazaro, thank you so much. All right. It's always a pleasure to have a person like Lazaro come in front of us, and we have that opportunity to publicly recognize a person who gives so much each and every day to his job and to the service of the citizens of Collier County. Item #6A1 CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING TO THE BOARD OF COUNTY COMMISSIONERS - PRESENTED All right. We need to move to 6(A)(1). MR. MITCHELL: Commissioners, good morning. For the record, my name is Jim Mitchell, and I'm the finance director for the Collier County Clerk of the Circuit Court. The clerk of the circuit court, in his capacity as the ex-officio clerk to the board, is responsible for the coordination of the annual independent audit, along with the production of the comprehensive annual financial report, which we commonly refer to as the CAFR. In that capacity, we participated in, an awards program that is sponsored by the Government Finance Officers Association. The award is known as the Certificate of Achievement for Excellence in Financial Reporting and is presented to government units whose CAFRs meet a strict criteria and are considered to achieve the highest standards in government accounting and financial reporting. The GFOA, along with the clerk's office and the county manager's office, believe that governments have a special responsibility to provide the public with a fair presentation of their financial affairs. Collier County's CAFRs go beyond the requirements of generally accepted accounting principles to provide the many users of these documents with the wide variety of information used in evaluating the financial condition of the county. Page 9 February 27, 2001 Collier County has reviewed this award for thirteen consecutive years, and it is with great pride that we present to you today the fourteenth consecutive award for the CAFR that was prepared for the fiscal cycle in its September 30th of 1999. Before we present this award to you, I'd like to formally recognize that it's not the finance and accounting department that's responsible for this award, but each and every employee of Collier County. Without their dedication, we would not ever receive awards of this nature. Mr. Chairman, on behalf of the clerk of the circuit court and the county manager I'd like to formally present this award to you. CHAIRMAN CARTER: That's good looking. Tom, we will pass that over to you to proudly display in an appropriate place. Item #6A2 COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2000 - ACCEPTED That moves us to Item 2, but this needs to be heard in conjunction with 8(G)(1). MR. OLLIFF: Mr. Chairman, I think -- for the existing board members that were here previously, you remember we did what we call a vital signs report, and we promised to do that twice a year to give you a snapshot of where are we in terms of both major projects and in terms of your finances. I think we've got an opportunity today that works very well in that we can combine not only the vital signs report that we've got, but also your annual audit information to be presented concurrently by the clerk's finance director, Mr. Mitchell, and so I think you've got a great opportunity just before we head into the budget season to get a real good feel for where is this county and sort of a state of the county presentation, if you will, and with that, I'll turn the microphone over to Mr. Mitchell. CHAIRMAN CARTER Thank you. MR. MITCHELL: Thanks, Tom. Commissioners, once again, my name is Jim Mitchell, and I'm the director of the finance and accounting department. First of all, I'd like to thank Tom and his staff for asking us Page 10 February 27, 2001 to participate in this presentation. Our purpose here today is twofold. First of all, we're going to present to you the comprehensive annual financial report for the fiscal cycle ended September 30th of 2000, and second, we're going to walk you through some of the ma]or high points that are contained in that document, which taken in conjunction with the vital signs report, is going to give you a clear picture of the overall financial condition of this county. Before we actually present the CAFR to you, I wanted to take a minute to recognize some of the people that are involved in that, primarily Derek Johnssen, who is our accounting manager, and all of the employees over at the finance and accounting department, along with Tom Olliff and his staff and each of the constitutional officers who support us throughout the year. In addition, we've had the pleasure of working with KPMG for the last three years, and I wanted to extend a "attaboy" to them and turn the podium over to Chip Jones for the presentation. MR. JONES: Good morning. Derek is going to pass out copies of the comprehensive annual financial report as well as the presentation that contains the highlights that I want to review with you. As you can see from the size of the book that you're being handed, it is very comprehensive. There's a lot of information contained in there. Governments are required, and as they should be, are very accountable for how they spend their monies. There's a lot of additional rules on disclosures and the way funds are presented that are required of governmental entities to be accountable to the citizens of Collier County, and so if you had an opportunity to go through that entire CAFR, you might find it overwhelming because there is so much information. As Jim mentioned, we want to just kind of go through some of the highlights. COMMISSIONER MAC'KIE.' If I could just -- MR. JONES: Yes. COMMISSIONER MAC'KIE-. -- say for future reference, I would appreciate, even though it might be beyond my scope of expertise to review the entire CAFR, I would really like to have it before the meeting, because what I do is share it with people Page 11 February 27, 2001 who have that expertise who can help me with it, and it feels a little irresponsible, frankly, on my part not to have the opportunity to review it more thoroughly. So, I'd like to have that chance next time. MR. MITCHELL: COMMISSIONER is, Commissioners, that's actually my fault. MAC'KIE: It doesn't matter whose fault it Can we put that on the overhead MR. MITCHELL: We're working very hard to try to get the thing together today, but we will definitely note that for next year. COMMISSIONER MAC'KIE: I appreciate that, and I'm not looking for fault, just next year. CHAIRMAN CARTER: Thank you. MR. JONES: The audit went very well. As Jim mentioned, we actually do individual audits of each of the constitutional officers, as well as of the board, and what you have is a report that includes all the financial operations of the county. On the first page, I wanted to kind of go over general fund-fund balance, and fund balance is a measure of the resources that you have available for future periods. They do two things. One is they cover you, for instance, the fact that your ad valorem tax receipts generally don't come until the end of November, it gives you the cushion to handle that. It also gives you flexibility to handle emergency needs that might come up for the County; suppose a hurricane hit, something like that. So, you want to have a healthy fund balance. COMMISSIONER HENNING: Excuse me. MR. JONES: Yes. COMMISSIONER HENNING: so everybody can follow us? COMMISSIONER MAC'KIE: Thanks, Tom. MR. JONES: Now I have to apologize -- COMMISSIONER MAC'KIE: It needs to go a little bit -- there we go. CHAIRMAN CARTER: That's good. COMMISSIONER MAC'KIE: Maybe somebody from county staff can help with that who's got a little more experience running that machine, because you need to back it out is what needs to happen; all this high tech. MR. JONES: As you can see, what this reflects is the Page t2 February 27, 2001 percentage that fund balance represents of your total expenditures, and that percentage this year was roughly 22 percent of your total expenditures out of the general fund; up very slightly from the prior year. Most of my governmental clients, and I do a lot of them, try to stay in the 15 to 20 percent range. Now-- COMMISSIONER MAC'KIE: Can I comment as you go -- MR. JONES: Yes. COMMISSIONER MAC'KIE: -- if you don't mind? MR. JONES: I would like that. COMMISSIONER MAC'KIE: Because for new board members, this is a subject that comes up every budget year. There are people in the community who say that we over budget for reserves. Is that basically -- this is a fund balance that will come -- it's money that we didn't spend last year that we taxed people for, and it's-- MR. JONES: Well, it represents an accumulation over a number of years. COMMISSIONER MAC'KIE: -- of twenty-two million dollars that we have collected in tax money that we have not needed as the year bore out, as the years bore out, and I'm not saying we should -- we should only collect down to the nickel of what we need, because like you said in your interim remarks, there might be a hurricane, God forbid, or some emergency, but, you know, watching this progressively go up over my tenure on the board is -- I'm starting to listen to Janet, wherever you are, about that we are over -- we're over taxing for reserves. So, I just wanted to make that comment as we go into budget season. Twenty-two percent -- I mean, twenty-two million dollars is too much to have left over. MR. JONES: Yeah. CHAIRMAN CARTER: No, but they're recommending fifteen to twenty million, so -- MR. JONES: Two things to keep in mind, one is that this has to carry you literally through when most of your tax receipts come in at the end of November. So, you are in a period where you get your smallest amount of revenues and you have that carryover. The other thing is, is that the general fund has loaned to the airport almost seven million dollars, okay. That is part of this Page13 February 27, 2001 fund balance. Whether that is ultimately collectible, I don't know, but-- COMMISSIONER MAC'KIE: It will be. MR. JONES: -- but there's a -- seven million dollars of that that has been essentially loaned over to the Airport Authority, and I'll go through that on this presentation. COMMISSIONER MAC'KIE: And that -- what your point is, is that that seven plus the fifteen million that you recommend that we have is the balance. MR. JONES: Yes. CHAIRMAN CARTER: To me, it sounds like we're doing sound fiscal management to protect for emergencies and also to accommodate the debt that we have out there on what I would call a loan receivable that has to be protected. If we don't do that, we -- MR. JONES: Yeah, I think the County is fiscally very sound. In addition to your general governmental fund balance, you also have fund balances for special revenue, which is essentially revenues that are received that are earmarked for specific purposes and legally cannot be used for general government operations; fund balance for debt service, which, again, is required by the terms of your bonds which say that you have to maintain like pretty much an annual payment; and then fund balance for capital projects, again, which is earmarked money that has either come in from specific revenue sources or bond proceeds. COMMISSIONER MAC'KIE: My question for Tom or somebody about that is, is all of that money committed to projects or is it available to be committed to projects? MR. OLLIFF: No, generally we're not taking down a bond until we have a specific -- COMMISSIONER MAC'KIE: No, no, I'm sorry, I meant capital. I meant the capital projects reserve fund balance. MR. JONES: That is actually, this year, fifty million dollars of that has been encumbered for future projects. COMMISSIONER MAC'KIE: MR. JONES: Fifty million. COMMISSIONER MAC'KIE: unencumbered. MR. JONES: Right. How many? So, there's ten million Page 14 February 27, 2001 Now, last year, there was only five million, so there's been a lot of projects that have been authorized this year that have encumbered that fund balance. MR. OLLIFF: What that tells you is over the course of the past year, we've executed a lot of road construction contracts which encumbers those funds but they haven't yet been spent because the construction is ongoing. COMMISSIONER MAC'KIE: Okay. MR. JONES: And I've got some additional charts that will go over the specific major funds in there. This next chart gives you a breakdown of the total revenues that the County receives, and, again, it can show essentially where they're coming from, and of the tax number, that includes all sources of taxes. Roughly 82 percent of that is actually ad valorem taxes. There's also gas taxes, those types of things in there. The only real significant change to point out to you, which you may draw incorrect conclusions, if you look over there at the interest income, it almost doubled from last year. That was attributable to two things. Yeah, that's great -- COMMISSIONER MAC'KIE: Good job, guys. MR. JONES: -- but GASB, which is the government accounting standards board, says that you have to mark your investments to market. So, when interest rates are going up, you have a tendency to have your value of your investments, the market value go down, and last year, 1999, you actually took a hit on writing those investments down, even though you might hold them to maturity, for accounting purposes, we had to knock them down. This year, the reverse happened. We had an increase. So, there's a fairly large swing that really had nothing to do with the actual collections that you got, although the collections on your interest income were very good this year and improved over last year, part of that twelve million dollar number is a swing that is an accounting entry more than a reality. CHAIRMAN CARTER: Well, it's a financial market driven project -- MR. JONES: Exactly. CHAIRMAN CARTER: -- versus anything that we can control. Now, wait until you get this report next year. It could be just the opposite. Page 15 February 27, 2001 COMMISSIONER MAC'KIE: And I'd love -- I'd love to have on the same chart here for taxes, for the separate -- the many kinds of taxes, the gas taxes, property, et cetera, just to see that trend, too. MR. JONES: I've got that -- actually, on two more slides, I've got the components of taxes broken out. COMMISSIONER MAC'KIE: Thank you. MR. JONES: On Page 5, we indicate, again, a pie chart that shows relatively half of your operating budget for your governmental funds as coming from tax sources and the balance as coming from other sources, and all these percentages are relatively comparable to what they were last year and, actually, the year before. COMMISSIONER MAC'KIE: And just a question on that page, I hate that intergovernmental piece because I don't, frankly, understand it. Shouldn't it be green? Isn't it taxes? MR. JONES: It can be taxes, yes, that the State collects and remits back to the counties. It's grants like, your community development block grant money goes in there. COMMISSIONER MAC'KIE: But it's not -- it's not money that came from anything other than somebody's tax bill. MR. JONES: It didn't come from your taxpayers. It wasn't levied for fines, forfeitures, permits, charges for services. It did not come from those sources. MR. OLLIFF: It's -- probably a better way to look at this is taxes that are locally levied. They're probably what's represented by your grain in taxes. They're levied outside of this jurisdiction or probably those that are levied -- MR. JONES: Purple. MR. OLLIFF: -- in the purple. COMMISSIONER MAC'KIE.' Thank you. That will help me. MR. JONES: Page 6 is a pie chart of the major components of the taxes, and as I said, the ad valorem was 82 percent this year versus 81 percent last year. There was actually a 12 percent increase in the actual amount of taxes. You almost had a hundred million dollars of property taxes, and that was almost all because the business valuations, the property valuations in Collier County as well as all the new construction continues to have that go up. I think in the last four years or five years, you've almost doubled in the property value that's assessed in Page 16 February 27, 2001 Collier County. The second biggest portion was gas tax and then TDC taxes were 7 percent. CHAIRMAN CARTER: It would be interesting to note here that with diversification of economy, that you can see that 82 percent figure change, because at this point, the border lies on the individual homeowners to finance everything in this county, and if you had major, what I call clean business here, high tech., medical research, whatever those are, that would diversify your tax base more, and that's what the TDC continues to wOrk on. MR. JONES: It would. You-all are fortunate. None of my other clients have the escalation that you do in the percentage because, like I'm a resident of Pinellas County, which is almost all built out, the save our homes amendment caps the increase to 3 percent, so they're constantly looking for other sources of revenue to handle all the demands that are being put on while you've had the advantage, that even without raising your millage rate, you've had an increase in tax revenues to cover, obviously, the very significant increase in services as this county continues to grow. COMMISSIONER MAC'KIE: The question I had on that slide is, would it be possible to see a pie chart of ad valorem taxes broken down in commercial versus residential properties? MR. JONES: I would imagine that would be definitely available. COMMISSIONER MAC'KIE: I would love to see that if that's something somebody could produce. COMMISSIONER COLETTA: I'd like to see a further break out for agriculture. COMMISSIONER MAC'KIE: That's a good point; agriculture, residential and commercial. MR. JONES: I would think the property appraiser's office would have that information on how it's levied, and that could be provided. COMMISSIONER MAC'KIE: Thank you. MR. JONES: On Page 7 is bar charts of your governmental expenditures over the last several years. The biggest, which is true in any government, is public safety, and it has been going up. It didn't go up that much this year compared to prior years. It only went up about three million, but, again, in all my clients I Page 17 February 27, 2001 see that the public safety expenditure is the largest part of their budget, as well as the one that's had the most significant increases. After that is general government. Capital outlay over on the far right is quite large this year, and there are a lot of projects that took place this year, and actually, the capital outlay expenditure for the last couple of years have been lower than historical trends have been. COMMISSIONER MAC'KIE: Only we know. MR. JONES: A couple of terms in here which people always question, but like physical environment, what does that mean? Well, that's a number of projects; the biggest was the Wiggins Pass dredging project, which was 2.2 million; landscape beautification, two million; beach renourishment, two million. So, that's where those types of expenditures are going. Another one is economic environment which people, again, say what does that exactly mean. The biggest part of that is the expenditure of the SHIP monies that you receive from the State, and mostly, again, it provides loans to businesses, homeowners, ways to improve the conditions within the County. Human services is another term. That is not your payroll, obviously, because that's spread around, but included in there is about three million in welfare costs, about $850,000 paid to the health department. Animal control is in that category. Again, just to give you an idea how some of those are played out. On the next page, 8, there's a pie chart, and you can see public safety as a total percentage of your expenditures, and I've excluded capital outlay, because that can skew things since that can go up and down. So, this is all your other governmental expenditures. It was 47 percent last year versus 44 percent this year. Now, your major special revenue funds, there's four of them that account for most of the County's total special revenue fund balance, and, again, these are funds where the monies that come in are restricted to be spent on specific projects. The largest one is the unincorporated areas, and, again, that is for -- it's levied on the unincorporated areas. The monies, in turn, are spent back in those areas. You can see the fund balance and the revenues comparison for both years. Revenues were slightly up on most of these but Page 18 February 27, 2001 not significantly, and fund balance has gone up from a total of about thirty-three million to thirty-nine million. Most of that taking place in the unincorporated areas. Of the revenues in the unincorporated areas, about ten million is taxes and about ten million is licenses and permits, those types of costs. COMMISSIONER MAC'KIE: I must not understand this chart, because it looks like it's showing that -- for example, in unincorporated, we collected a great deal more than we -- if what's there is what we didn't spend -- MR. JONES: That's the fund balance. COMMISSIONER MAC'KIE: Well, heavens, so we only spent 25 percent of what we collected in the unincorporated area? MR. JONES: No. The unincorporated, you collected 23.7 million. You actually spent about twenty-one million. COMMISSIONER MAC'KIE: Well, this says I have fifteen million left. MR. JONES: You do, but, again, that's cumulative over a number of years, and, again, you have a number of projects that have been committed, you have to have the funds, and you may not collect the revenues. If you look during the year, you would see that fund balance dipping up and down, depending on the timing of expenditures compared to when the revenues would come in. COMMISSIONER MAC'KIE: And that's why in tourist development, for example, we've got more of a fund balance than we collected this year because we have the carryforward from previous years. MR. JONES: Right. You actually -- of the 9.6 million in revenues, you spent 8.7 of that in the current year. COMMISSIONER MAC'KIE: But we have been carrying that emergency fund and others forward, so -- MR. JONES: Right. COMMISSIONER MAC'KIE: Okay. MR. OLLIFF: Yes. MR. JONES: Again, those revenue sources are restricted to specific areas. COMMISSIONER MAC'KIE: Nevertheless, we ought to spend them and not sit on them to a reasonable amount. MR. JONES: I'll also mention what she just pointed out is, Page 19 February 27, 2001 which is true, the unincorporated area, a large part of that is community development fund. COMMISSIONER MAC'KIE: Oh. MR. JONES: On the next page is your ma]or capital projects funds, and as I mentioned to you, we've got significant fund balances there, but compared to last year where very little of it was encumbered, roughly almost the entire road construction budget has been encumbered. Almost all the road impact district fund balance has been encumbered, and then about four million of the park impact district fund balance has been encumbered. So, again, these monies have been committed quite a bit. The impact fees are what support the bottom two, and you can see that there was a significant increase in the road impact fee revenues this year. It went from 6.8 million to 14.6 million. Again, that's indicative of the activity that's taken place in the County. CHAIRMAN CARTER: Well, that's key to note for our listening audience. MR. JONES: Excuse me. CHAIRMAN CARTER: That's a key to note for our listening audience, because of what we did with impact fees and the ma]or increases that we made, we doubled the amount on the roads. MR. JONES: Yes, you've committed all to roads. CHAIRMAN CARTER: Right, so that's important for everybody to understand that when they come to me and say, why don't we raise impact fees, I believe that we're probably one of the highest in the state at this point, Tom, if not the highest. I don't know exactly, but I know we're very high, and you have to ask your question on that revenue stream, how high can you raise it. So, it's a good point. You know, we've done it. That's about as far as you can go at the moment. MR. JONES: On Page 11, this is just an analysis for your general government data. I would say you have a lower amount than most of my clients proportionately. You can see that you haven't really borrowed any new debt, although I do understand you've got some debt issues planned coming up in the near future, so that would change this, but your total outstanding debt is about sixty-three million. About forty-six million of that is Page 20 February 27, 2001 revenue bonds, and roughly fifteen million is either commercial paper or a line of credit with NationsBank. CHAIRMAN CARTER: You're absolutely right. We're going to have things in front of us that's going to encumber us, and instead of being a pay as you go county, we're going to be one that finances where we have to go, and then we'll have debt service, and that will be a change in how we approach what we're doing as a county to deal with all the road, infrastructure and community services needs, and that is a major shift in policy that's developing over the last year, I would say, and probably I would expect it would continue with this board so that we can take care of what is already that we have as pent up demand because it's here today and also to plan for the future. MR. JONES: That's exactly right, and going back to your fund balance and all that, you're fortunate that you're positioned to be able to make those decisions without having a very negative impact on the County as opposed to others that already have a lot of debt that are being faced with these types of issues. Again, the County is fiscally sound and is in a position to go out and do this debt to do these improvements. COMMISSIONER MAC'KIE: In other words, we should -- we should expect to get good rates and good deals on the debt that we have to issue because of those fund balances being so high, that makes us a financially stable county, keeps our bond rate high. CHAIRMAN CARTER: We're like-- MR. JONES: I don't know how they come up with bond ratings, but yes, I would think that you would get favorable ratings. COMMISSIONER MAC'KIE: We have a very favorable bond rating, don't we, Tom? Thank you. MR. JONES: The last two charts deal with your enterprise funds, and your enterprise funds are designed to make a profit. Your largest is water and sewer, and just like a business, they want to generate a profit so then you can invest in improvements, expansion of your water and sewer system, as well as pay off debt that was incurred in prior years to make the improvements to handle the County's growth. This shows you the total water and sewer fund debt, and you can see that it's Page 21 February 27, 2001 been going down. In fact, you have not had any new debt in that fund since 1992. You had some refundings back in 1994 and a year ago, 1999, but that was essentially replacing new debt -- existing debt with new debt to take advantage of lower interest rates. The note payable amounts are pretty much loans with the state, state revolving loan fund which are at very favorable rates, I think 2.65 percent up to about four and a half percent. Page 13 just shows you three years of operating results on your water and sewer fund, and, again, the net income doesn't mean your rates are too high. You have to generate net income. In fact, your bonds require that you have certain net income generated to make bond coverage, and you are in compliance with all your debt coverage requirements. Page 14 just gives you an idea of the cash flow that takes place in these funds, and, again, the big expenditures are down there. Capital expenditures and debt service is what doesn't show on the income statement but is, obviously, a major expenditure. Page 15 just shows the solid waste disposal enterprise fund. The biggest increase in operating expenses was, you have Waste Management operate your landfill, but you are still responsible for some old cells, and they do an evaluation every year of the closure cost and post closure cost on those, and this year, they raised that estimate to about three and a half million from about 1.7 million. So, that was a large part of the increase in your operating expenses. COMMISSIONER HENNING: Question, the fund equity, that is tied to the CPI if I'm not mistaken, the annual increase. MR. JONES: No, that just really represents your assets minus your liabilities. COMMISSIONER MAC'KIE: And that's -- MR. JONES: And it could go up or down, depending on how you spend your money. COMMISSIONER MAC'KIE: But isn't that targeted money, too? Isn't that money that's in a reserve for the purpose of future landfill needs? MR. JONES: Yes, or I mean, if you have to open new landfills or you took back over -- I mean, again, you need the fund equity to provide for future services in this area. Page 22 February 27, 2001 Page 16 is the highlights of the airport operation. COMMISSIONER HENNING: Can we go back to that for just a minute? COMMISSIONER MAC'KIE: Yeah, because that twenty-four and a half million dollars is not Waste Management's profit over the year. That's how much money we hold -- MR. JONES: A lot of that is tied up in fixed assets. COMMISSIONER MAC'KIE: That twenty-four and a half million dollars is money that we hold in an account for future waste management needs of the County. That's the County's money, not profit to Waste Management. MR. JONES: It's not all cash or money. I mean, some of it is fixed assets, which you can't liquidate but -- I'm not sure what the exact cash balance is in -- MR. MITCHELL: I'm not sure of that either. That is a combination of our assets, be it cash, be it current assets, be it long-term assets. That number in no way reflects anything to do with Waste Management. That is purely an accounting equation. It's assets minus liabilities equals fund, in this particular case, the equity position of that fund. The Waste Management component would show up in the income statement, which would be your revenues minus your expenditures, and Waste Management would be included in that expenditure component as a contractual arrangement with -- this is purely the assets minus the liabilities that we maintain as a County. CHAIRMAN CARTER: Mr. Mudd, you have a comment, please. MR. MUDD.' I'm Jim Mudd, public utilities administrator, for the record. Out of that twenty-four million, eight is tied into closure that we've got to have. It's a requirement by law that we have the money set aside. If we have to close it, that that money is there. There's about fifteen million in reserve. That's all county money. None of it is in Waste Management's pocket. COMMISSIONER HENNING: Mr. Mudd, what do we have for future needs for solid waste? What kind of funds do we have for that? MR. MUDD: We have fifteen million dollars in reserves, sir, plus the equity that you own out in that 360 acres to the north of Page 23 February 27, 2001 the landfill that's solid waste -- COMMISSIONER HENNING: That's approximately a million dollars' worth of assets, if I remember right, property assets. MR. MUDD: About that, sir. It's about 4,000 to $5,000 an acre. COMMISSIONER HENNING: And are we truly preparing for our future needs with the amount of revenue coming in? MR. MUDD: Sir, I think we're going to decide that in June when we provide the long-term recommendations to the board, and with your direction then, I think it might be a little bit more aggressive than it is today, sir. COMMISSIONER HENNING: Okay. MR. JONES: You have two more enterprise funds, the airport and emergency medical services, and on Page 16, it highlights the airport results for this past year, as well as the two years prior to that, and as I mentioned at the start of my presentation, you have been advancing money to the airport authority for their cash needs, and this reflects the total of 6.6 million that is outstanding receivable from the airport back to the general government. COMMISSIONER MAC'KIE: In the chart before, you showed what the County spends on economic development. It was a tiny amount of money, but is this loan money included in that? MR. JONES: No, it is not recognizing any expenditures. It's literally a loan between two funds. If you decided to forgive the loan, then it would be treated as an expenditure or transferred out. COMMISSIONER MAC'KIE: Thank you. MR. JONES: Then the last of my presentation -- CHAIRMAN CARTER: I believe it's the only airport authority that I know that's committed to paying back the County. Most counties at some point in time hope that the airport authority breaks even. This one says not only do we want to break even and make money, we want to repay you for what you've invested in us. That is a real plus to this county. It's unique, and we ought to be proud of the Airport Authority that we have that has that kind of commitment to us. COMMISSIONER HENNING: Besides, we have a real asset out in Immokalee, and that's really helping that community. MR. OLLIFF: But what you need to recognize from this Page 24 February 27, 2001 picture is it's currently heading in the wrong direction, but we -- but the board has allowed the Airport Authority to continue with the understanding that this is probably the investment period, if you will, where they are sinking capital into the assets out there and then hoping that at some point in the future it does start to return revenue. COMMISSIONER MAC'KIE: And the indicator there is that the net loss has, in the past, been 800,000, 900,000, and in this year, it's 1.1 million dollars that they have lost out of their operating, and then the concomitant reduction in the fund to equity from 5.4 to five two this year is as a result, I assume, of operating at a loss of a million bucks. CHAIRMAN CARTER: Well, I would hope with the new custom house and everything out there that we would see a different picture here in a very short period of time. COMMISSIONER MAC'KIE: I'm ready. CHAIRMAN CARTER: But you're absolutely right, Mr. Olliff, we would not like to see the trend that it is taking this year. MR. JONES: Page 17 is the emergency medical services enterprise fund, and you can see that if you look at the revenue, obviously, it does not cover the cost, and each year you transfer money from the general fund. This year it was seven million dollars. COMMISSIONER MAC'KIE: I've got to just comment on that for a second, that, you know, when we say in this county that we spend no money on medical -- on health issues. In fact, we spent 7.1 million dollars out of the general property taxes last year to subsidize our ambulance service, and we should, and I'm glad we did, and it's the right thing, and it's the best one in this country, but 7.1 million dollars. What percentage of our total budget is that? It's a measurable amount. It's certainly a significant number, and I wish I understood the jump of four point -- from '98 of 4.2 to 2000 of 7.1. Is that medical costs increase that have caused that or do we have a great deal more usage or-- I mean, you know, it's -- MR. JONES: I think probably both. COMMISSIONER MAC'KIE: It's getting in the neighborhood of double from '98 to 2000, and should we -- if that's -- is that a trend we should expect to continue? MR. JONES: I don't know the answer to that. Page 25 February 27, 2001 I know that on the revenue side, I mean, you're obviously in a position where you always have to provide the services. You can't question whether people have the ability to pay, and I also know that, particularly Medicare, has taken a much higher line on what they reimburse. I mean, the questions of whether they are being taken to the nearest hospital -- they're making decisions which are reducing the ability to recover a lot of this money through Medicare. So, there's a lot of issues, and the other counties that I do, they have the same issues on the funding, you know, the taxes -- I mean, the charge for service generally covers less than 50 percent of their operating cost. Out of the differences, some counties actually have specific earmarked taxes where they've passed a referendum and those taxes go specifically for emergency medical services, or as in the case of Collier, the money is transferred over to help it out. Either way, it's taxes that has to help offset the cost of that service. COMMISSIONER MAC'KIE: In this county, we've set the rate payable by the user as the -- I think it's the Medicare -- Medicaid or Medicare? MR. OLLIFF: I think it's Medicaid rate. COMMISSIONER MAC'KIE: How does that compare with other counties in your experience? MR. JONES: I don't know. COMMISSIONER MAC'KIE: You don't know. I'm just really-- I know -- I'm glad that we are able to set the rate at the Medicaid rate so that people who can pay only have to pay a Iow rate, but the reality is that we are -- the costs exceed those payments by seven million dollars a year, and we need to maybe look at that. COMMISSIONER HENNING: Yeah, I agree. I think that we need to get into more of true costs of accounting in this service. It is a service and -- MR. JONES: It definitely is. COMMISSIONER HENNING: -- there needs to be more of a balance there. COMMISSIONER MAC'KIE: I don't know how it can be, frankly, but-- CHAIRMAN CARTER: Well, if you look at all the costs for health care anywhere, any portion of the program, I have yet to see a downward trend. It's all upward, and what we will have to Page 26 February 27, 2001 wrestle with as a board, not only this, but everything else that's coming from your health care committee, and at some point in time, the community will have to ask, what are you willing to pay for these services, and how much should the taxpayer pay for this? I don't have the answer to that, but we're in the process now of trying to identify what it is, what the costs are, and what does the community want. COMMISSIONER MAC'KIE: And I guess I just get a little defensive when I hear our dear hospital saying that the County does nothing for indigent care in this county, and that they bear the whole burden, when if we look in reality, this is a portion -- this is a property tax subsidy to a great degree for indigent care to some amount just for general subsidy, but it is a real expense that the County bears year after year. CHAIRMAN CARTER: Good point, but it's a tip of the iceberg. MR. OLLIFF: And keep in mind, in addition to what you're providing in the way of an EMS subsidy here, you're also providing social services support in the neighborhood of three million dollars a year. Plus you're providing assistance to the public health department, which is above and beyond what we're legally required to provide to the public health as well. So, you're probably spending nearly a million dollars a month on what you could easily call local health care services outside of your own employee base. CHAIRMAN CARTER: And if you look at what the State is trying to do to us, I will soon be bringing a resolution to this board where we want to support the clinic that was in Immokalee and also our own David Lawrence Center because a number of funds have been cut out by the State, and we're going to have to put every pressure that we can to try and get those back. So, shortly, we will get a resolution that I will initiate to try to do that, but that's -- you know, these are the constant problems we face in mental as well as physical health care. MR. JONES: Getting toward the end of this, on Page 18, I've listed out all your cash and investments, and, obviously, that's your single largest asset outside of your fixed assets, and you can see that number and say, wow, two hundred eighty-two million dollars seems like a lot, and let me just tell you where it is. Page 27 February 27, 2001 COMMISSIONER MAC'KIE: Three hundred sixty-nine and a half, right? MR. JONES: Excuse me. I was looking at the left column. You're right. Let me tell you where it is though. It's -- water and sewer has one hundred twenty million dollars, okay, and that is designed for required debt service for capital projects that are planned that are going to take place. A lot of that cash is restricted. The road impact and road construction funds, again, as I mentioned, those are all encumbered. That's sixty-eight million dollars of it. Solid waste has twenty-three million, of which they mentioned fifteen million is available, but eight million is also required by the State to be maintained to cover the landfill cost. The general fund actually had about twenty-five million of cash, and you also had bills that were being paid and payroll and those types of costs that you had to really carry out for two months. So, it's a big number, but the part on the general fund where you would focus, I think is where it should be to essentially cover the County's needs for the two months before the tax resources come in. COMMISSIONER MAC'KIE.' Is there a number that would tell us just very generally what rate of return the County has been earning on its investments? MR. JONES: That's calculated. MR. MITCHELL: Absolutely, Commissioner. We measure that every year. During the fiscal cycle of 2000, we achieved about a 6.3 percent rate of return on our total investment portfolio. The one thing you have to remember is we don't chase yield. COMMISSIONER MAC'KIE: No, I know. MR. MITCHELL: We are very conservative. We comply with the policy that you guys have adopted. COMMISSIONER MAC'KIE: Thank you. MR. MITCHELL: These guys measure that every year, and they would tell us if we were outside of that, but our position is very strong that we do not chase yield. COMMISSIONER MAC'KIE: But despite that, a 6.3 percent return is not bad considering that you don't chase yield. That seems to be a responsible rate. Page 28 February 27, 2001 MR. MITCHELL: Thank you. MR. JONES: I think that was one of your highest you've had in the last several years. COMMISSIONER MAC'KIE: I'm glad I asked that question this year. CHAIRMAN CARTER: You don't want to know what's going to happen next year. MR. JONES: On Page 19, this is just a listing of the various reports that we issue, and we issue, in addition to these, all the ones on the constitutional officers, and then the other thing is, on Page 20, just to let you know, that included in the comprehensive financial report is certain component units, which we've listed out, and a component unit means that by some definition, it is directly controlled or related to what the government does as a whole that it should be included in the financial statements. You have four authorities. The educational facilities authority is new, but their primary purpose is to issue debt that support -- you know, like the Cleveland Clinic, they issued bonds on their behalf, and you have outstanding around two hundred million dollars -- COMMISSIONER MAC'KIE: Wouldn't that have been the health facilities authority? MR. OLLIFF: Yes. MR. JONES: That was my understanding, that that's where the debt came from. COMMISSIONER MAC'KIE: Education authority? MR. OLLIFF: No, health facilities authority. MR. JONES: Health facilities. I'm sorry. COMMISSIONER MAC'KIE: Just scared me. MR. JONES: But you have around two hundred million dollars of conduit debt, which means the debt has been issued via county authority, but it's not debt of the county. In other words, if someone went bad on it, it is not the responsibility, but we do disclose it in your CAFR. That concludes my presentation. You do have a good finance department. We enjoyed working with you, and I think that the County is fiscally very sound. COMMISSIONER MAC'KIE: Would you put that on the visualizer just for a second? Page 29 February 27, 2001 I want to know who knows what it's a picture of. COMMISSIONER HENNING: COMMISSIONER MAC'KIE: COMMISSIONER HENNING: I know. Who knows? Is there a price you're going to give out? CHAIRMAN CARTER: COMMISSIONER MAC'KIE: COMMISSIONER HENNING: declaration of the -- COMMISSIONER MAC'KIE.' COMMISSIONER HENNING: Barron Collier, mother and father. My-- It's Barron Collier signing the Establishment. -- establishment of Collier County, thank you. MR. MITCHELL: It's actually Governor Hardy signing the declaration creating Collier County. I think it took place in 19 -- COMMISSIONER MAC'KIE: There's Mr. Collier behind there, but -- MR. MITCHELL: Commissioners, we certainly appreciate the opportunity to come and present this information to you, and once again, we apologize for not getting the data to you before, but after you've had a chance to digest some of it and after you've heard the vital statistics that Tom's group is going to be giving to you, if you have any other questions for us, we stand prepared to answer them. With that, we thank you. COMMISSIONER MAC'KIE: We thank you. CHAIRMAN CARTER: Entertain a motion for approval. COMMISSIONER FIALA: So moved. COMMISSIONER HENNING: Motion to accept the -- CHAIRMAN CARTER: All right. We have a motion by Commissioner Fiala. We have a second by Commissioner Henning to approve this report. All in favor, signify by saying aye. Opposed, by the same sign? (No response). CHAIRMAN CARTER: Motion carries five-oh. Item #8G1 REPORT REGARDING THE STATE OF THE COUNTY/VITAL SIGNS - PRESENTED Page 30 February 27, 2001 That takes us to -- MR. OLLIFF'. We'll run right into the vital signs report, Mr. Chairman, that was scheduled to be heard with -- CHAIRMAN CARTER: Ah, yes, vital signs. MS. WALSH: We are ready for the Power Point presentation. COMMISSIONER MAC'KIE: That means do the switch, Katie. MS. WALSH: The second half of the -- I'm sorry, for the record, my name is Beth Walsh. I'm the assistant to the county manager. The second half of our report is going to focus on some of the issues and projects that are going on in the County currently. Since we met -- COMMISSIONER HENNING: Can we focus in on that a little bit, make it larger? MS. WALSH: I can't make it larger. There's going to be some slides coming up on top of that. I'll be more than happy to provide you with a hard copy at a later date. CHAIRMAN CARTER: Yeah, nobody can read this. So, we have to assume that this is an organization chart. MS. WALSH: Yes, it's our organizational chart. COMMISSIONER MAC'KIE: This is something they really don't want us to know that they're pretending to show us. MS. WALSH: I can walk you through it. The boxes in yellow are the positions that have been filled since we went over the report last, about seven months ago. We filled some key positions with some very experienced individuals. We've had new administrators, Jo-Anne Learner, Jim Mudd, Norm Feder, and they've, in turn, hired some very experienced people in their departments. MR. OLLIFF: If you will remember when we came to you the last time, we were telling you how we were -- we were in a bind, frankly, in terms of being able to fill some key positions, and I think that was part of the phase one of the pay plan adjustments that you assisted us with, and I think we're here just to tell you that in a lot of cases we've got some of your key, especially management positions filled, and I think we've been able to find some very good, high quality people to help us here in this county. COMMISSIONER MAC'KIE: So do we. Thank you for that. Page 31 February 27, 2001 MS. WALSH: The work force assessment team has been working very hard to implement employee ideas and suggestions to create a better workplace. We formed over 40 employee round tables. We've set up some supervisor site orientation programs for new employees. We've set up communication centers for employees who don't normally have computer access at work. All the information that we get through our computers they don't normally have, so the communication centers contain meeting minutes, job postings, information that they need to know. The work force assessment team is also looking at modifications to the performance appraisal review system and also how we reward our employees. They're also looking at modifying and streamlining the special pay adjustment process. As you know, we have a lot of employee teams, and they have been formed by employees, or perhaps by Tom, who has an idea or a suggestion that they'd like to see implemented. The team members are made up of employees who have indicated that they have a special interest in that topic, and, therefore, they are a very focused group. The ideas team recently completed a trip to Martin County where they reviewed their county policies and procedures. Basically, the concept here was to look at Martin County's procedures and review ours and see if there's anything that we can do better. COMMISSIONER MAC'KIE: And what did we find? MS. WALSH: They'll be presenting their final report to Tom next week. COMMISSIONER MAC'KIE.' Good. Thanks. MS. WALSH: The paid time off committee completed their report recently on their consolidated leave policy. That's in HR for review as we speak. The activities team has scheduled bowling, darts, fishing and dance activities for employees and their families. There are a lot of other teams out there. This is just a few of them, and the concept behind the teams is that they come in and they focus on a project or an idea. They get it either implemented or resolved, and then they go away. What we'd like to do is just continually bring in new teams to focus on new ideas and suggestions. Page 32 February 27, 2001 Coming up is Collier County government days. It's going to be at the Coastland Mall, April 20th and April 21st, and the department sets up informational booths at the mall. They hand out brochures and talk to the public about the services that we can provide to them. I think staff, they enjoy meeting the public, and the public enjoys meeting people who are working for them. Next up is Jo-Anne Learner, support services administrator. She is going to talk about a couple of the capital projects that have been going on in the support services division. MS. LEAMER.' Good morning, commissioners. Jo-Anne Learner, support services administrator. I'm just briefly going to talk about the Building J addition, the Golden Gate government complex and the juvenile assessment and detention center. As you can see from the slide, the Building J addition has been completed, and the sheriff has moved in there. I understand they're very happy with the building. It was a 34,000 square foot facility that houses their operations. We are also working on an adjacent parking lot to complete that project. The Golden Gate government complex is well under way. That's on Golden Gate Parkway next to the community center. It will house the clerk, tax collector and property appraiser, as well as commissioner's office. That's approximately a 6,000 square foot facility, and it should be completed the end of June of this year. MR. OLLIFF: And I'm not taking responsibility for that design either. COMMISSIONER MAC'KIE: A drive-in movie theater is what it looks like to me. MS. LEAMER: We do have a slide on the juvenile detention center. Although we're not particularly managing that project, the State of Florida is, we did lease them the ground that the facility is being built on and -- MR. OLLIFF: This is one of those projects where I'm not sure that you even know it's here, but it is on your campus, and it's being built about a quarter of a mile that way on the far northern portion of your complex on the north side of the jail facility, and as you drive out, maybe you can drive around the loop and you'll see this building. COMMISSIONER MAC'KIE: Like, if we went to the health Page 33 February 27, 2001 building, you'd see it? MR. OLLIFF: Yes, ma'am. MS. LEAMER: It's right across from the finance department building, the pink building off of Davis. COMMISSIONER MAC'KIE: I had no idea it was this far along. That's fabulous. MS. LEAMER: And I understand that building will help the sheriff out with their operations since they currently have to take juveniles up to Fort Myers. That's it. MS. WALSH.' Okay. Next up is, I believe, Ken Pineau and Diane Flagg. They'll be talking about some emergency services slides. MS. FLAGG: Good morning, commissioners. Chief Diane Flagg, for the record. The first slide you'll see there is EMS Station 17. This is the station that's located at the corner of 13th Street and Golden Gate Boulevard, directly across from the estates library. We're expecting this project to be completed by May 10th, and we will be inviting you to an open house for this project tentatively scheduled for April 6th, which is the twentieth anniversary of the EMS department. COMMISSIONER HENNING: Question. MS. FLAGG: Yes, sir. COMMISSIONER HENNING.' Does that meet architectural standards? COMMISSIONER MAC'KIE: Seriously, I wonder if we are complying with our own -- I know it's not a commercial building, so it probably doesn't have to comply with the County's architectural standards, but on a ma]or roadway, we certainly ought to be. MR. MULHERE: That is correct. The way -- sorry, for the record, Bob Mulhere, planning services director. The way the ordinance is structured, it only applies in commercial and industrial zoning and cannot be applied to essential services that fall outside of those zoning districts. COMMISSIONER HENNING: Well, that's up to the discretion of staff and the board of commissioners. MR. MULHERE: Well, we'd have to amend -- we'd have to amend the code. Page 34 February 27, 2001 COMMISSIONER MAC'KIE: Or we could -- MR. OLLIFF: Or we could do it voluntarily. MR. MULHERE: Or we could do it voluntarily, absolutely. MS. FLAGG'. And this is certainly a very cost-effective building. If the board would like to see something a little bit more beautiful, we can certainly do that in our next projects. COMMISSIONER MAC'KIE: Yeah, or even maybe, you know, something to make it -- maybe there's some landscaping or something we could do. COMMISSIONER HENNING: We need to take a look at this project coming out of the ground now because that is on a thorough roadway, and I think the citizens out there deserve better. MS. FLAGG: Absolutely. There is landscaping planned for this project, and, actually, this is a, pretty much of an identical station to the station, to give you an ideal what it will look like when it's completed, the station on Immokalee Road right by the fairgrounds. What we're seeking to do is to utilize the same footprint, but certainly, we can make some aesthetic changes to future stations. COMMISSIONER MAC'KIE: That's way out of town, and this is in town. MS. FLAGG: Yes. COMMISSIONER HENNING'- Well, the one on Immokalee Road is not that bad. COMMISSIONER MAC'KIE: Sorry. COMMISSIONER COLETTA: Thank you, Pam. COMMISSIONER MAC'KIE: Sorry, sorry, sorry. COMMISSIONER COLETTA: It's just as boring as the city CHAIRMAN CARTER: You didn't want to go there, okay. COMMISSIONER MAC'KIE: I didn't mean to do that. MR. OLLIFF.' The station is probably not as bad as this slide makes it look. You're looking at a very small and during construction slide, but if the board wants to see some landscaping plans for that, we can certainly provide those, and maybe there will be some additional things we might be able to do in that regard. COMMISSIONER HENNING: How about if once we have our grand opening, the commissioners can have some input at that time? Page 35 February 27, 2001 MS. FLAGG: Absolutely, we'd welcome that. COMMISSIONER FIALA: One more question, you say the dedication is planned for next year? MS. TAYLOR: No, it's tentatively planned for -- MS. WALSH: Oops, my mistake. COMMISSIONER MAC'KIE: 2001. COMMISSIONER FIALA: Oh, okay. MS. FLAGG.' It's tentatively planned for 2001, and we'll be giving you a formal notification once we get everything moved in. COMMISSIONER MAC'KIE.' Good catch. MS. WALSH: She's quick. Ken Pineau is going to talk to us about the fire index. MR. PINEAU: Good morning, commissioners. Ken Pineau -- COMMISSIONER MAC'KIE: That red is not good, is it? MR. PINEAU'- Not good. Today it's -- on the burn -- the drought index is 662 on a scale from 400 to 800. It's going up at about three points per day. We're not expecting any more rainfall in the near future. In fact, April is the driest month of the year. The state department of agriculture services issued a burn ban yesterday until further notice for 39 of the sixty some counties, virtually everyone from the Georgia border on down with the exception of the Panhandle, so we anticipate issuing the state of local emergency this morning for that reason. COMMISSIONER MAC'KIE: Ken, is there anything else we should be doing? I mean, you would tell us if there were, but this -- it's a troubling -- COMMISSIONER ABERNATHY: I would recommend a first degree felony for people throwing cigarette butts out of cars. COMMISSIONER MAC'KIE: I can go there, and likewise, I mean, do we -- is that burn ban sufficient or should we have a broader burn ban if we wanted to be more conservative? MR. PINEAU-' I don't believe so. I think that the only thing that we're allowed to burn now is barbecues if they're above ground, but if we lose any embers from the barbecue itself, it's a violation of the ban and could be prosecuted. COMMISSIONER MAC'KIE: But, for example, in the state parks, can you have a campfire? MR. PINEAU: Only above ground, attended barbecues. COMMISSIONER MAC'KIE: Not your typical circle fire, you Page 36 February 27, 2001 can't have right now? Okay. COMMISSIONER COLETTA: Ken, is there going to be a restriction on recreational vehicles and access to the lands, the wild lands out in the estates? MR. PINEAU: We haven't considered that yet, Commissioner. COMMISSIONER COLETTA: I know the catalytic converters that are on the cars have caused some fires. MR. PINEAU: We'll take that under consideration. COMMISSIONER MAC'KIE: Consider us open-minded to recommendations from you, you know, if there's something we ought to do. COMMISSIONER COLETTA: We realize the urgency of this particular measure that you're doing, and if you think there's a need to restrict recreational access to those areas with these vehicles, please say so, and we'll move forward on it. MR. OLLIFF: I'll take the opportunity too, the board had directed us to put together a little public information campaign in terms of having people be aware about how to clear, especially their estate type lots, especially around structures. Commissioner Coletta has been very helpful in helping us put some information out on Channel 54, and in conjunction with the fire departments, we've prepared a number of these brochures which we've distributed out throughout the Golden Gate estates area to try and encourage those people to clear what could be fuel, and, lastly, we worked with Waste Management to make sure that outside of the contract, which has certain requirements for brush pick-up, that they will pick up any and everything that's left out on the curbs and it's done during this time of year. COMMISSIONER MAC'KIE: You know, and if we could waive tipping fee for some of that or reduce the tipping fees, maybe that would be a way to encourage that. COMMISSIONER COLETTA: I'll second that motion. COMMISSIONER MAC'KIE: You know, I'd love -- I would very much like to get a staff recommendation on -- because cost is going to prohibit people from doing that. It's expensive. MR. PINEAU: They're allowed 500 pounds per week, ten bundles, 50 pounds per bundle. MR. OLLIFF: And we pick it up curbside for them, so most of Page 37 February 27, 2001 them don't have to take it to a transfer station. Waste Management will pick it up at their curb, but Ken and I will get together, and there are some other things that we think that we can do. We'll bring you back some recommendations. COMMISSIONER MAC'KIE: Please do. COMMISSIONER FIALA.' You mentioned only in the urban areas is that brush ban? MR. PINEAU: No, it's countywide, ma'am, and the state of local emergency is actually for the unincorporated as well as the incorporated areas of the county. COMMISSIONER FIALA.' Great. I've had a couple of people complain to me about things on islands where brush is actually close to something that could incinerate it, and so I was just wondering if that was also applicable. Thank you. CHAIRMAN CARTER: Have we initiated a concerted effort for PSAs on radio, television and our own channel? Is there more that we can do in that area so there's repetition, repetition, repetition out there? MR. PINEAU: We'll be working with the public affairs department to -- COMMISSIONER COLETTA: So far, we held down the cost to the county by having Waste Management cooperate with us on the waste pick-up and also the mailer that went out recently to some twenty thousand owners. COMMISSIONER ABERNATHY: Actually, 12,148 residents. COMMISSIONER COLETTA'. Ken was so careful with our funding that he got a number of volunteers, locally and also from the jail to help with this effort so we could hold the cost down. COMMISSIONER MAC'KIE: Excellent. COMMISSIONER COLETTA: Next year we'll be using FP&L. With three months' prior notice, I found that they will include an insert with their billing. So, at that point in time, we'll be able to free up even our volunteer resources. COMMISSIONER MAC'KIE: Excellent. CHAIRMAN CARTER: I think those are all just excellent ideas, but I would encourage you, again, on the radio stations in particular which people listen to, that the more they are reminded, it may sink in somewhere sometime that you don't throw the cigarette butt out the window. Page 38 February 27, 2001 COMMISSIONER HENNING: Keep your butts in the car. CHAIRMAN CARTER: Keep your butts in the car, good theory. MS. WALSH: Okay. Diane Flagg is going to cover one last slide regarding EMS calls. MS. FLAGG: Commissioners, as I know, I don't have to tell you how busy the emergency medical services department is in light of the sirens that you hear constantly. You will see by this graph that finishing up fiscal equal year 2000, the EMS department responded to 30,944 911 calls. Based upon our projection for 2001, it's going to be above 10 percent above what our year 2000 was. Just as a bit of trivia, when I first came here twenty years ago, we were responding to 5,000 911 calls a year, and now we're almost at 31,000 911 calls. MS. WALSH: Okay. Next up is Leo Ochs, public services administrator. He's going to cover a couple of capital projects going on in the public services division. MR. OCHS: Good morning, commissioners. For the record, Leo Ochs, public services administrator. Just a couple of quick updates, most of you, if not all of you, were able to loin us last month for the grand opening and dedication of the new domestic animal services facility, a beautiful 30,000 square foot facility. Staff is in and fully up and operational. I'm very excited and pleased to have that new facility online. And secondly, you may have noticed at the site of the former domestic animal services center at the intersection of Orange Blossom and Airport Road, work is proceeding quite briskly with the construction of the new north regional library, a 40,000 square foot facility. It will become the new headquarters facility for our countywide library system. We expect that facility to be online January of 2002. CHAIRMAN CARTER: That's great, Leo. Thank you. MR. OCHS: You're welcome. COMMISSIONER MAC'KIE: I'm going to waste the board's time with an apology for just a second to say publicly, Leo, there is an employee in the state attorney's office who has -- who lives in my district who has a dangerous dog in her neighborhood who we finally have an order to have that dog removed and it's still Page 39 February 27, 2001 not done. Please, please, please get that taken care of. MR. OCHS: Will do. MS. WALSH: Thanks, Leo. Next up is Jim Mudd, public utilities administrator. MR. MUDD: Next slide, please. In the slide you have in front of you is a method to determine how our capacity is in our plants in water and sewer, and the second line -- the first line is existing plant capacity. Water is thirty-two million gallons a day. Then you went into wastewater on north and south. The second line down is twelve month average production. I would tell you that that is a real number. That is the truth, but that does not give you an indication of how well you're doing, especially on the sewer side. On the sewer side, peak is more an appropriate method of doing that. In both plants we have right now, we're right on the edge. I'm handling max. flows in both of those trying to keep them in operation. We have an -- and as you see if-- and then you go to the third line, which is a new line that I've had my folks add this year where we talk about a 30 percent factor. We don't have data to determine the promises for hook-ups north and south going back any farther than '98, but if 30 percent of the promises in '98 and '99 come on line this year, you'll see that we'll have a capacity problem on the north plant just based on the average, and in peak, it will be well past that, and I would say -- COMMISSIONER MAC'KIE: Mr. Mudd. MR. MUDD: Yes, ma'am -- and I would say to you on the south side, it would show the same thing. What we're going to do is we're going to look at three month peak on the sewer side for future planning and get out of this average business, because when we have high season, tourist season, we get a 50,000 to 60,000 influx into the county, and it has real consequences, especially on the sewer side of the system. COMMISSIONER MAC'KIE: You addressed my question. MR. MUDD.- Next slide. So, there's a ban on that slide. You'll never see it again. I'll show you three month peaks for that process. Next slide. COMMISSIONER MAC'KIE: Good. Page 40 February 27, 2001 MR. MUDD: Some good news, we've got the south side sewer plant expansion going into construction in October of this year. We're about a hundred percent complete on the design. We plan to have that online December of 2003. It will bring three million gallons a day additional on to give us an eleven million gallon a day capacity on the south side. It provides average capacity, average capacity through 2016. When we do our new master plan this summer, we'll get the consultant to focus in on peak, and we'll see if it still holds to 2015, but I would say we're probably out there around 2010, and that's an over exaggeration on what we need to do. COMMISSIONER MAC'KIE: Average is meaningless. MR. MUDD: Yes, ma'am, especially on the sewer side. When you get it, you've got to deal with it. COMMISSIONER HENNING: Mr. Mudd. CHAIRMAN CARTER: That's right. COMMISSIONER MAC'KIE: There ain't no choice. CHAIRMAN CARTER: I think we're going to promote constipation in this county for about the next 30 days or something until we get out of this, I don't know. MR. MUDD: Next slide. On the north side, we have a nineteen million dollar expansion coming on line. Construction, we plan to have the liquid train on line by February 2002, and total completion of the plant, December of '02. When this says construction, November '99, January 2002; February we plan to have the liquid train on line. There are some other administrative facilities that will be finished in December 2002. It will have nothing to do with the capacity issue. Now, this is touch and go for us. The contractor is about three months behind in his process. He has labor shortages like every other construction firm does in Collier County. I can say every restaurant has the same problem with labor shortages. What we've done is we've met with the contractor to realign his focus, his effort to make sure that the liquid train comes on line, the things that are essential to us so that we don't have the problem on the north side next year. In the interim, I've asked my engineers and my chief of wastewater, Joe Cheatham (phonetic) to get together and come up with an interconnect between the north and the south in a Page 41 February 27, 2001 most expeditious manner so that I can take the peaks off of either north and south of the county so that next year, if I have a problem on the south side when the north side is online, I can take that peak off of it and we won't have ourselves a dilemma. So, I'll be coming to you sometime this summer with that emergency -- I'll call it emergency, call it critical interconnect. Next slide. South water treatment facility, you've seen -- oh, some of the things we've done on the north side that are good neighbor, and you've asked us to do that in the past. We've made sure we've got odor control on the sludge dewatering, okay, because that did emit some odor. That facility is there, and we've also converted our chlorine gas into a bleach, a liquid bleach process that's a lot safer to the neighborhoods and you can get away from a bad accident if you're into the bleach side of the house. So, you don't have people running around wearing gas masks and protective garments. It disturbs the neighborhood. CHAIRMAN CARTER: I believe under the first one, that was -- we did get a public-private partnership to assist us in that, so that was one of the things that helped accelerate that process. MR. MUDD: Yes, sir. Next slide. A lot of people have been talking in the press and the editorials about the county should be going to some kind of a desalination plant. The north plant is a desalination plant. It has not only twelve million gallons in a nano filter process, but it also has another eight million gallons, and this isn't on the slide, eight million gallons in reverse osmosis, and I was saying, on the south side with this expansion that's due to start this year and be finished in April of 2003, we'll have the capacity not -- the first increment will be eight million gallons a day of reverse osmosis to link up with our lime softening process that's at twelve million gallons. It will also go down to the brackish aquifer, the Hawthorne aquifer to draw that water, and final build out will be a twenty million gallon a day reverse osmosis plant down on the south side. Total cost is -- of the twenty million gallon is thirty-five million dollars. Next slide. Let's talk about solid waste, our favorite -- our favorite topic. We received 465,000 tons of trash last year. We recycled about Page 42 February 27, 2001 87,000 tons of it. We buried about 378,000 tons into the landfill in Naples and Immokalee. COMMISSIONER MAC'KIE: Do we have any idea of that 378,000 tons of garbage that we buried, what percentage of that was recyclable if we had a better effort? MR. MUDD: Ma'am, we probably -- we probably came in last year at -- and I've seen some things, 19 percent, 20 percent, it depends on what you do, you can get up to 24 percent, depending on what kind of categories you look at. We probably can get another 16 to 18 percent out of that landfill in the recycle effort and do a lot better in that process. We should be well above the 30 percent, and we're not. COMMISSIONER MAC'KIE: And we're going to be hearing from you about how to get there? MR. MUDD: Yes, ma'am. Next slide. We have three issues at the landfill; odor control, landfill capacity and future method of disposal, and I've talked to you at some length at the workshop in December and during our process here in the last couple of months with those issues. Next slide. Here's the -- here's the issue resolution that you gave to us in January; haul a portion of the waste stream out of county, to expand our present recycling efforts, fully utilize the present landfill, and that's to line cells one and two, and implement an expanded odor control measuring system. The second bullet, implement odor control monitoring program, expanded instrumentation and taxpayer interest group, and we're in the process of doing all of those, and I would say to you at the end of this meeting, at one o'clock, I meet with my final meeting with Waste Management on the contract negotiation to do the first four things that are listed on that slide, and I would say to you that the negotiations are going quite well. COMMISSIONER MAC'KIE: We trust you with that. MR. MUDD: We're winning, ma'am. COMMISSIONER MAC'KIE: Good. Keep it up. MR. MUDD: Resolution -- next slide. Our prescription, I promise you that we do the negotiation for January and February. We're going to finish those today. I will report to you on the negotiations in its complete package on Page 43 February 27, 2001 the 27th of March as promised. We will give you the high tech. solid waste proposals on the 24th of April. With that, I hope you give us some direction on which ones to follow up, and that would help us with the preliminary bids received for high tech. solutions through April and June, and then the long-term solution for solid waste for Collier County on the last meeting in June on the 26th, and we're still shooting for those, and it seems like we're on a good time line to have that done for you. Next slide. It talks a little bit about hazardous waste. I will tell you that we've had about 86 tons of hazardous waste collected this year. Some of the things, where we've got the thermometer exchange, we'll take your old mercury thermometers and we'll give you a new one that's less hazardous, and it works just as good as that one. There were 315 mercury thermometers that were switched out last year that we picked up. We had several round-ups in the neighborhoods, plus we have a hazardous waste disposal area at the Naples landfill, and we keep that open through Saturday at noon so you can just drop that stuff off and not have to go through any tipping scales or anything like that, we'll just take it; paints, aerosol cans, batteries and whatnot. Our next round-up, which we'll have here at the government complex, is on the 16th of March. COMMISSIONER FIALA-' And you take thermometers there as well, huh? MR. MUDD: Yes, ma'am, and I'll give you a new one. Subject to your questions, that completes my briefing. MS. WALSH: Okay. Next up is -- COMMISSIONER HENNING: I have a question. Mr. Mudd, when you come back to us on the long-term solution of the regional landfill and waste county, can we take a look at the funding source of that, such as we do in our water and sewer facilities of an impact to that? MR. MUDD: Sir, when we give it to you, when we bring that solution to you on the 26th of June, we'll talk tipping fees, we'll talk costs mandatory to trash collection bills, we'll talk different fees for different kinds of commodities to give you that alternative so that you have the complete view of it. We'll do just exactly what you want, sir. COMMISSIONER HENNING: Thank you. Page 44 February27,2001 MS. WALSH: Okay. Next we have John Dunnuck, community development administrator. MR. DUNNUCK: Good morning, commissioners. I want to touch upon a couple of the committees that we have going on right now and kind of give you a few time lines. We'll discuss them a little bit more in detail at some of the upcoming workshops, so I'm not going to spend a great deal of time, and then we'll get to a little bit more of the meat of what's going on in community development right now, which kind of gives you some indicators of where we are. Rural fringe and lands committee, I just wanted to provide you a little map to kind of show you, this is the rural fringe area in red. This is the area of the major discussion that's going on with the final order. You know, we're looking to have the completion coming up. The blue portion is the rural lands area. That's the outskirt area, and, you know, the other portion of it, which you see is yellow, is already state and federally owned, so the blue portion is the portion that is really the focus of these committees. Some of the rural fringe members, I kind of wanted to give you, you know, an idea of the diversity that you have on these committees. You know, I'll take a look, you have people from the CBIA representing, you know, the building industry. You have the private side all throughout, engineers, people from -- you know, that work at plumbing, you know, companies and things along those lines. COMMISSIONER MAC'KIE: Before you leave that. MR. DUNNUCK: Sure. COMMISSIONER MAC'KIE: I need to make a really important point, and that is, tell me please who represents the general public or the environmental lobby? I heard you say we have people from the building, from engineers, from contractors. I think that we can do better on that committee with some general public representation and, frankly, some -- you guys may or may not have been paying attention at the time, but when we were appointing those committees, the former board vetoed anybody who was an environmentalist. They would not allow -- yes, they wouldn't allow Nancy Payton on the board. They wouldn't allow anybody from the Conservancy on the board. They wouldn't -- on the committee. They wouldn't allow any environmentalist on Page 45 February 27, 2001 those committees, and I just think that's a major -- COMMISSIONER FIALA.' On the rural fringe committee? COMMISSIONER MAC'KIE: Yes, ma'am. COMMISSIONER COLETTA: I've been attending the meetings, and I can tell you something that -- even though the balance might not have been there in the beginning, it's there now. They are well represented as more or less ad hoc members of the committee, and I think the environmental interest is being protected, but we have to keep a close eye on it. It's regrettable that it happened at that point in time, but to disassemble this committee and to try and reassemble it at this point in time -- COMMISSIONER MAC'KIE: Oh, no. COMMISSIONER COLETTA: -- would be a mistake. COMMISSIONER MAC'KIE: I'm not suggesting we disassemble and reassemble. I'm just making the point for your consideration as we go forward, maybe with a new committee -- COMMISSIONER COLETTA: I agree. COMMISSIONER MAC'KIE: -- when we get to implementation committees or next advisory committees, that we really have -- it's important for these people to have a seat at the table and not just as public comment section. COMMISSIONER COLETTA: And if I may go one step forward, I would suggest that everybody on their calendar allow one day a month where they meet with people from the Conservancy and the Wildlife Federation to get their input. You have all sorts of special interests too. They may be a special interest too. You need to bring things into balance. COMMISSIONER HENNING: Are you going to create another day in the week for me? COMMISSIONER COLETTA: Use Sunday between one o'clock in the morning and two, and you'll fit right in. MR. DUNNUCK: And I was just going to point out, Mr. Bartone does represent the Conservancy, and you do have a vacant position, so you will have that opportunity as applications come in. COMMISSIONER MAC'KIE: Good. MR. DUNNUCK: The rural fringe time line, I know this is very important, and I know we talked about it a little bit at the Golden Gate master plan, and we are going to discuss it a little bit more during the growth management workshop coming up next month, Page 46 February 27, 2001 but right now, I just want to kind of give you a quick overview. We're looking at doing a transmittal hearing as early as May of this year. Over the summer, we'll work on it from the staff perspective, bring it back for BCC adoption in November, provide the DCA final review in January, and then once we do that, then there's the opportunity for the response from the public side and then the final notice, we're looking at February, March. That gives us about a three month window to when we're supposed to have this done, which is June of 2002. COMMISSIONER MAC'KIE: You've done a really good job on getting a lot of things posted on the web site, community character, et cetera. Is any of this available on the web? Do you need a recommendation coming out of this committee or otherwise? MR. MULHERE: I'm so glad you asked that question. COMMISSIONER MAC'KIE: Oh, good. MR. MUL. HERE: For the record, again, Bob Mulhere, planning services director. Every single piece of information relating to the rural fringe and rural assessment process is now available to the public through the County's web site, both community character and rural assessment as of yesterday, probably about 4:00 p.m. COMMISSIONER MAC'KIE: Excellent. MR. MULHERE: They can also subscribe by E-mail. They can communicate through E-mail. They can take a survey, several surveys, and they can participate in discussion by providing us their input, and we would encourage the public to go to the County's web page at www. CollierGov. net, and if you look on the front page, you'll see community character or rural assessment, just click on it, and you can go to those. COMMISSIONER MAC'KIE: CollierGov. net. MR. MULHERE: Right. COMMISSIONER HENNING: Great question. MR. DUNNUCK: And one of the things Bob should be complimented on is the fact that he's done a great ]ob, and he will be bringing stuff through in the workshops of the development review process about public participation. We feel that's a trend that's coming statewide, and we're going to be bringing that forward. COMMISSIONER MAC'KIE: And just for the board's Page 47 February 27, 2001 recollection, the settlement agreement with the governor and cabinet says that public participation shall be the hallmark of this process, and they're going to judge us by whether or not we have made public participation the hallmark of this process. That's what we promised, and we'd better deliver it. I'm not suggesting you aren't, but I want to keep bringing that up. CHAIRMAN CARTER: Well, I don't see anywhere where we haven't done that. That would be my question to anyone who would sit out there and tell me this morning, A, they didn't know there was a rural land committee, they didn't know there was a rural fringe committee, that they didn't know they had been meeting for a year and a half and all the articles that have been in the paper. What we're doing here on the web site, I would seriously question if you're not paying attention, what expectation would you have from the Board of County Commissioners and our staff to be better informed. I'd really like to know, and I don't mean that sarcastically or in any sense of the word. I am always frustrated when people tell me they don't know, and I'm questioning whether they are not paying attention or it hasn't affected them in some way, so it's just not on their screen. COMMISSIONER MAC'KIE: And my suggestion in that regard, I think, is one that's already planned to be implemented, and that is what I would call a road show, and that is we take this information to community meetings. We have meetings in each of our districts, town hall meetings. We offer our staff to -- as speakers to homeowners' associations, et cetera, so that we take it to them, whether they are paying attention or not, I think we need to do that. CHAIRMAN CARTER: Well, I would agree with you, Commissioner. We're going to do everything that we can that we know how to do. As you say, take it to them. It's going to be announced. They can participate. If they choose not to pay attention, I don't know what to tell you, I really don't, but every opportunity will be there and documented so when it goes to the governor and the cabinet, they will know that we have made extraordinary efforts to communicate this. MR. OLLIFF.' Mr. Dunnuck, keep us moving. MR. DUNNUCK.' The next slide is the rural lands area assessment oversight committee. I just wanted to show you the Page 48 February 27, 2001 14 members that are currently on that committee as well. COMMISSIONER MAC'KIE.' I bet Andrew Mackie would be interested to see now that his name is spelled like mine. His name is Andrew Mackie, not Mac'Kie. CHAIRMAN CARTER: Not a relative, huh? COMMISSIONER MAC'KIE: No. MR. DUNNUCK.' We will note that. Rural lands time line, as you know, this is a committee that's pretty much headed by Wilson Miller with a little bit of staff input. Collecting existing data, that they are in the final stages of completing that. They're planning to do an agricultural workshop in March. Working on the facilitated strategic plan in April, then going through the opportunities and constraints in May, and following it up with optional scenarios in June. Once they finish through that portion of it, you're going to see them fall into line similar to what the rural fringe time line is. So, we're looking to keep them moving so that we can finish off within the time of the final order. COMMISSIONER COLETTA: I might add that they're doing an excellent ]ob. They met last night -- I've been attending their meetings on a regular basis and listening in to what's happening so that I'll be fully informed to be able to assist the rest of the commission at the appropriate time. COMMISSIONER MAC'KIE: Thank you. MR. DUNNUCK: I'm not going to spend a lot of time, this is a little community character slide that I've pulled off, actually off our web page where we have it displayed. The community character members, once again, you have a variety of individuals on that committee as well. They are in their final stages, and that's a mixture of environmental representatives in the private sector. CHAIRMAN CARTER: I know you didn't mean that they were in their final stages. They have really been doing an excellent job. It's been very time consuming, and they have certainly dedicated a lot of energy and effort to that. MR. DUNNUCK: March, April, we're looking to do the community outreach portion, you know, to share some of the ideas. April, looking at the board presentation, which will be the review of concepts that they've been proposing, and then in June, this is where staff -- this is our workshop and where we're Page 49 February 27, 2001 actually going to put the rubber to the road, so to speak, talk about the implementation plan and what the cost feasibility is, because as you're aware with the upcoming budget workshop, we're going to have a lot of decisions to make. I want to give you an idea of where we are operationally as well. This is an impact fee comparison of this year's revenue so far to what our budgeted amount is. We're a little bit ahead of where we would budget if you pulled it out on a month to month basis. We're about four and a half percent above. The next slide is a little more interesting. This is the impact fee comparison from this year -- from this year to last year, and as you can see, we started off very strongly in October, and we've seen a continual -- we've seen a little bit of a decline on our impact fee collection, which tells me that, you know, we're -- the projects are slowing down a little bit out there. COMMISSIONER MAC'KIE: I'm sorry, can you go back? I didn't understand the white line versus the pink. I see white is last year, the pink is this year. MR. DUNNUCK: Correct. COMMISSIONER MAC'KIE: So, we're 35 percent less of impact fee collections in January of this year versus the same time last year. MR. DUNNUCK: Correct. COMMISSIONER FIALA: Even though we raised them, huh. COMMISSIONER HENNING: Without a moratorium. COMMISSIONER COLETTA.' Well, there's economic factors involved here. The recession that's taking place now, the mild recession is doing what we haven't been able to do. They're slowing down growth. COMMISSIONER MAC'KIE: Interesting, isn't it? COMMISSIONER COLETTA: So, you've got a negative that's turning into a little bit of a positive. COMMISSIONER MAC'KIE: Got some positive spin for this community anyway. MR. DUNNUCK: Well, and I think one of the things we've pointed out at the last vital signs report too is that the large chunks of land are slowly -- have been gobbled up, and now you're starting to see a little bit of the result of it. COMMISSIONER MAC'KIE: Thank you. MR. DUNNUCK'. On the back side of it, though, the permit Page 50 February 27, 2001 side of it, we're actually I percent more, which tells me, you know, we may be doing a little bit less of the reconstruction type permits, but it's held steady so far. Building inspections, we're actually doing 10 percent more inspections right now. So, we haven't caught the lag on the inspection side of it, and finally, you know, I want to talk a little bit about affordable housing. We're going to discuss this more in detail. As you know, this is another one of the workshops that we have coming up later this spring, but just to give you an indication, we're -- on projection wise, we're a little bit up from where we were last year. We had 1,280 units last year, and this year's projection, if all goes the same, we'll be looking at 1,350. COMMISSIONER MAC'KIE: And that 1,280 is actual built last year? MR. DUNNUCK.' I believe so, yes. With that, I'll turn it over to Norman Feder and help him along here. MR. FEDER: Good morning. Norman Feder, your transportation administrator. I'll be fairly brief, since we do have a workshop scheduled with you on transportation this Friday from nine to one here in these chambers, but I'd like to first point out to you, there's been some very considerable effort in the activity underway since the last reporting. First of all, we now have a Collier area transit system, and I'm very pleased to tell you that we had over a thousand patrons the first week and some very significant success stories that we will be bringing to you. We're told of folks that now have employment because they have a way to get to work, so the system is starting off as we expected, slow but steady, and we're hoping to continue from here. Major projects, I'll cover very quickly, the five projects we already have underway and others coming along soon. Immokalee Road, 1-75 to 951 or Collier Boulevard, completion by the end of 2000. We also added the sidewalks and other features to this project. Livingston Road, as you know, we modified that from a four lane to a six lane cross section. The first section, Radio to Golden Gate Parkway, scheduled for completion in the fall of this year. As we continue on, we'll also be starting up Golden Gate to Pine Ridge about mid year for one year construction. Page 51 February 27, 2001 One thing that we'll have to address here as we open up this first section, and we'll be coming to the board on modifications to the Radio and Airport intersection, some prospects of having to pull into that landscaped median to provide for at least dual, if not the possibility of triple left westbound to southbound onto Airport Road. MR. DUNNUCK: And just one of the things I wanted to point out real quickly was, here was your before and after picture from the last time you had seen the vital signs report. For the two members who were here, you can see they've gotten the asphalt down on the road. MR. FEDER: Thank you, John. The next item that you're seeing is actually a combination of two issues that we're dealing with. The first is Long Bay Partners' construction of the initial two lanes north of Immokalee on up to the county line, and actually, they're working right now up to the north end of the county line up to Bonita Beach Road with two lanes. The County is going to expand to four. We'll come back and expand the third year of our program to six lanes up to what's called the east-west connector and then four lanes to combine into Lee County's project, and that east-west will basically go from Livingston on over to U.S. 41. We have designed in this year the program on that. COMMISSIONER HENNING: Can we name that something besides East-West Livingston? COMMISSIONER MAC'KIE: Yes. COMMISSIONER HENNING.' Do like the Feder Road. MR. FEDER: We'll find a more appropriate name, Commissioner. COMMISSIONER MAC'KIE: Henningway. MR. FEDER.' Hemingway, yes-- Hemingway, I like that. COMMISSIONER FIALA: That was cute. MR. FEDER: Golden Gate Boulevard, here, we approached Golden Gate Boulevard with basically two phases. While the overall construction project is going all the way out to Wilson, we addressed the first mile of the project out to the school. As you can see there on the picture, the asphalt is pretty much down. We're moving traffic on over to the new section and will continue with that construction and then proceeding on out further to the west. Page 52 February 27, 2001 Pine Ridge Road, again, as you recognize as you try to drive around the County, one of the other construction sites, Airport to 1-75 and over past 1-75, that portion of roadway -- we're almost done with all the utility relocations. Quite often people say, how long does it take you to build a road. The road is actually the fast part. It's the utility relocation that takes us, it seems, forever. So, the completion of that and the construction to proceed, completion April of 2002. You've got Vanderbilt Road expansion. This board authorized us to move forward, and we are designing a six lane of Vanderbilt from Airport on over to Logan, four lane from Logan over to 951 or Collier Boulevard. We have a number of other projects I'll just highlight quickly; Airport Road will very shortly be under construction for six laning between Pine Ridge and Vanderbilt, and as I mentioned previously, Livingston Phase II will be under construction starting the fall of this year with completion in fall of 2002. Again, I'll note to you that we'll go in a lot more detail as to where we are and some of the upcoming issues this Friday in workshop from nine to one in these chambers. Thank you. MR. OLLIFF: Mr. Chairman, we appreciate the board's indulgence, but I think the information that we provide both in the financial audit report and in this vital signs report hopefully puts the board in a better position for us to step then and do a strategic planning session, then go from that into budget policy development and then your actual budget development and review process. CHAIRMAN CARTER: Well, Tom, I want to thank you for that because you're connecting the dots. You're not giving it to us piecemeal. You're giving us a bigger picture, and I think that's very critical for us as we go into all the various workshops, along with the strategic planning, one which is a culmination of everything we're trying to do. COMMISSIONER FIALA: You know, Tom, I was wondering if we could possibly get a copy of all of the -- COMMISSIONER MAC'KIE: Slides. COMMISSIONER FIALA: -- slides, thank you, because we all go out to different speeches around the community, and that would be a great thing, not only to bring with us, but to pass Page 53 February 27, 2001 around to the organizations. So possibly having some slides -- MR. OLLIFF: We do as follow up, not only can we provide you the hard copy, but we can provide you that in disk format as well if you want to take it out on the road and actually do it in a Power Point. So, we'll provide both versions to you. CHAIRMAN CARTER: Whatever you like. What we need now is a motion for approval. MR. OLLIFF: No, sir, I don't think we need a motion. It was more of an informational item than anything. CHAIRMAN CARTER: Then we're going to stand in recess for ten minutes, and we have a time certain at eleven o'clock. (Small break was held). CHAIRMAN CARTER: I need the commissioners back on the dais. Ladies and gentlemen -- hey, Katie, get this thing working. Are we live? Nah, you can't hear a thing. Can you hear us? Okay, the recorder can hear us. Thank you. Thank you, ladies and gentlemen, we are back in session. Item #12Cl ORDINANCE 2001-06 AMENDING ORDINANCE 92-102 CREATING THE COLLIER COUNTY PUBLIC GUARDIANSHIP PROGRAM TO CONFORM TO FLORIDA STATUTES - ADOPTED We are now moving to a time certain item, which is under the comprehensive plan amendments. It is 12(C}(1). MR. MIDDLEBROOK: Good morning, Mr. Chairman. I want to thank you, first of all, for allowing us to be here at eleven o'clock. It assisted us with our problems with the courts for today. We're here to address the public guardianship --. THE COURT REPORTER: Sir, I need your name. MR. MIDDLEBROOK: Sorry, ma'am. I'm Mark Middlebrook, senior deputy court administrator. We're here to address the public guardianship program and the ordinance changes that are necessary to bring us in compliance with the recent statute changes in the Florida state statute. Basically, there's going to be a new oversight person, and that is the statewide public guardian who is responsible for Page 54 February 27, 200t overseeing all of the public guardianship programs within the State of Florida. Fortunately, our program here in Collier County is going to be utilized as one of the models for the statewide program. However, because of the changes, we need to make some changes to our ordinance to bring us in compliance, and we also need to make some fiscal changes in order to compensate in accordance with the proposed payments from the State. As is typical with some of the things that we experience from Tallahassee, they've provided all these new state statute requirements but no funding, which means now that the counties must pick up the slack. Although the courts really don't have a dog in a fight anymore with this, we used to oversee the program exclusively. The program is basically to assist the courts. The statewide public guardian will be responsible to report to the judges and the chief judge of this circuit, and the public guardian that is appointed through the statewide public guardian must have the approval of the judges. So, in essence, the courts will still be running the program with this umbrella of the state above us. COMMISSIONER HENNING: Excuse me, Mr. Middlebrook. MR. MIDDLEBROOK: Sir. COMMISSIONER HENNING: Motion to approve or amend Ordinance Number 92-102. COMMISSIONER MAC'KIE: Second. CHAIRMAN CARTER: All in favor, signify by saying aye. Opposed, by the same sign? (No response). CHAIRMAN CARTER: Motion carries. MR. OLLIFF: Mr. Chairman, I'll assume that that motion -- since the executive summary wasn't clear in the actual recommendation, I will assume that that motion included the approval of the budget amendments necessary to make that happen. COMMISSIONER MAC'KIE: The additional 11,000 out of the general fund, but it has to be done. CHAIRMAN CARTER: It has to be done. Thank you. Item #8A1 Page 55 February 27, 2001 REPORT REGARDING THE CURRENT STRUCTURE OF THE POLICIES AND REGULATIONS FOR COMMERCIAL EXCAVATIONS - STAFF TO FOLLOW DIRECTION AS OUTLINED ON PAGES 8 AND 9 OF THE REPORT That takes us back to regular agenda. We're now moving to Item 8(A)(1) in regards to commercial excavations, and there will be a report by staff on this, and they also have recommendations, and Mr. Olliff, I'm sure we have some people who would like to speak. MR. OLLIFF: We have a number of them. CHAIRMAN CARTER: How many do we have today? MR. OLLIFF: You have at least a dozen. You may have more than that. CHAIRMAN CARTER: So, board, take that into consideration. We need to hear the report, need to hear the recommendation, and we need to take the input from the people here who have patiently waited to express their points of view, and your recommendations, commissioners, are on Pages 7, 8 and 9. MS. MURRAY: Good morning. I'm Susan Murray. I'm chief planner with the planning services department, and my role today is basically this presentation. I was looking into the commercial excavation permitting process, particularly as it applies within the estates zoning classification. I've assembled some findings, and I would like to advise the board on the current structure of the process and some of the regulations as they pertain, again, in the estates zoning district. There will be a couple of cross-overs. Excavations are also permitted in the agricultural zoning district, and I do have some regulations I need to touch on that apply to excavations in both of those zoning districts, but primarily, my focus will be on the estates zoning districts. We understand that there is a concern on the part of the board and the public related to excavations that have been approved and are in operation in the estates zoning district and some in the agricultural zoning district as well. My goal here is that hopefully we will obtain some direction from the board concerning the current policies and some of the laws governing Page 56 February 27, 2001 commercial excavations in order to ensure that these type of land use processes have minimal impacts on residentially developed properties, and that they function in the manner that is in the best interest of the entire community. I have a summary presentation, and then I'll likely step aside. We have a few other staff members here, Stan Chrzanowski and Tom Kuck, who are primarily involved in implementing the commercial excavation permitting process. So, if you have detailed questions, I'll be directing you to them, as well as Ed Kant from transportation, because I have some comments on the impact fee -- road impact fee ordinance as well. The information I gathered, and just to give you a historical perspective, from what I understand, back in 1999, the board directed staff to come up with some interim policies relative to commercial excavations in the estates zoning district. I understand there were some individuals or an individual who wanted to excavate a pond on their property and remove the fill to do that. The pond was -- the fill generated from the excavation of the pond was going to be way in excess of what this individual could use on the property, and there was a need to remove it. As a result, the staff did draft these interim policies, and they are in place today, and we are having a few problems with them, again, as they relate mostly to input that we've received from the public hearing process for excavations within the agricultural zoning district, and I don't want to mix those up. I'm going to clarify it a little bit and then go on with my presentation. So with that, if you look up here, you'll see, just to give you an overview, so you understand what a commercial excavation is, it's any excavation wherein the excavated material is removed from the subject property. There are other excavations that take place on property where the material is not removed. This is particularly involving a commercial excavation where the material is removed. The current regulations for commercial excavation permits in the estates zoning district, what you have are a set of board approved policies. There is an administrative review process relative to these policies, which is conducted by the engineering review section, and then a permit, commercial excavation permit Page 57 February 27, 2001 that appears on your consent agenda for the board approval. Different from the estates zoning district, we have the ag. zoning district. Commercial excavations in the ag. zoning district require conditional use approval, which consists of staff analysis, recommendations and a public hearing with the EAC, if applicable. COMMISSIONER MAC'KIE: Susan. MS. MURRAY: Sure. COMMISSIONER MAC'KIE: Could you forgive me? I trust and am confident that everybody on the board has read this staff report, because this is an issue, you know, that Commissioner Coletta, frankly, has brought to our attention and is one that's really important. It seems to me that what has happened here is that they've identified some real problems with our current policy, and staff has made some recommendations on how to remedy those. I personally could just hear from the people who are here to speak and then maybe act on those recommendations if they meet with your goals, Commissioner Coletta, I'd be interested to hear that. COMMISSIONER COLETTA.' Well, I'll be honest with you, that might be true to a point, but there's a couple of points. One, the people that are here to hear it don't know the total staff report. Also, two, there's some monetary issues that have to be discussed. It's fairly involved. I'm sure we might be able to shorten it a little bit, but it's really something that the public has the right to know too. COMMISSIONER MAC'KIE: I hadn't given thought to that. The public needs to hear this presentation even if we already did. CHAIRMAN CARTER: Well, they need to hear it, and I wonder if they would be most interested in hearing what staff's recommendations are, and would they begin to address the issues that the community is concerned with as we've been concerned with, and would that be appropriate, Commissioner? MR. OLLIFF: We'll move straight to the recommendations. MS. MURRAY: Straight to the recommendations. COMMISSIONER FIALA: Could you just explain to me -- being that most of the ag. land is in the estates, can you explain to me what the difference is between ag. and estates? MS. MURRAY: The agricultural zoning district is primarily-- well, two schools of thought here. In the urban area, the Page 58 February 27, 2001 agricultural zoning district primarily functions as a holding zone until more urban densities are requested through a rezoning process, typically to a PUD or a residential zoning district, if it's residential. Outside the urban area, your agricultural zoning districts primarily function for agricultural uses, the raising of crops, animals, farm, et cetera. That's not always the case. We have a lot of residents that are moving out to the ag. zoning district simply for some peace and quiet, and they are just residential homeowners living on five acre tracts, and they don't have working farms. The density out in the ag. zoning district is one dwelling unit per five acres. The estates zoning district allows some, what I would call limited agricultural activities, but that's not the primary focus. The primary focus of estates would be just basically for residential living, one dwelling unit per two and a quarter acres. You may have a couple horses for recreational purposes or dogs or whatever, but that's basically the difference. COMMISSIONER MAC'KIE: And on the map, the brown is estates, and what color is ag.; the white? MS. MURRAY: That's correct. And you'll see some intermingling of ag. and estates, so there's a lot of cross-over. When you start getting excavations in the ag. zoning district, you affect people in the estates as well. Straight to the recommendations? Okay. Basically what we've done is if the board would like to continue to allow excavations to occur in the estates zoning district, it's staff's recommendation that consistent with the agricultural zoning district and excavations, that you require them to go through a conditional use process. Right now, they don't have to do that. It's an administrative process. So, that would mean that they would come before you with a public hearing, and the public would be allowed to speak, and you could formulate recommendations based on the application and the conditions of the area. COMMISSIONER HENNING: And what's the charge for a conditional use or the application? MS. MURRAY: Conditional use charges is $2,000. COMMISSIONER MAC'KIE: But, again, that leaves -- if you're excavating for your personal use, you aren't required to pay that Page 59 February 27, 2001 MS. MURRAY: Well, that's kind of another glitch in the regulations or in the policies. Right now, under the ag. zoning district, you can excavate a certain amount of fill up to 4,000 cubic yards, which isn't a lot, and you can take it from your site and not go through a commercial excavation permit or a conditional use process. In the estates, we don't have that. If you take anything off your site, you're automatically a commercial excavation, the way I understand it. So, part of our recommendation is to allow a certain amount of fill to be taken off an estates zoned property without having to go through the conditional use process. COMMISSIONER MAC'KIE: And the policy behind that is what? Why do we want to allow that? MS. MURRAY: Well, there are certain -- for example, in the instance of wanting to dig for a pond, there might be certain instances that you may need to remove a certain amount of fill from your property that's not substantial enough to have a huge impact on surrounding property owners. COMMISSIONER MAC'KIE: How many truckloads of fill is 4,000, whatever you just said? MS. MURRAY: There's 16 -- about 16 cubic yards per truck, so how much is that? COMMISSIONER HENNING: I'm sure some of your speakers can answer that part. MS. MURRAY: Engineers. MR. CHRZANOWSKI: I have a calculator, but I guess it's about 250. COMMISSIONER MAC'KIE: Two hundred fifty truckloads is not commercial? MR. CHRZANOWSKI: No, ma'am, we don't consider that. COMMISSIONER COLETTA: We might want to rethink that. COMMISSIONER HENNING: Susan, have we taken a look at the economic impacts of the changes that we're looking at now? MS. MURRAY: In terms of economics of -- COMMISSIONER HENNING: Of more government in private land uses, such as a mom-and-pop excavating company and what impact that would be on these changes. CHAIRMAN CARTER: And I think, Commissioner, that goes Page 60 February 27, 2001 to if the recommendations were to stay in order as I have it in the book, it goes to Page 9, under a statement about in the middle of the page, you have one, two, three points, and I had marked, need an economic impact analysis in order to better assess that situation. COMMISSIONER MAC'KIE: I think to me it's just if your -- the policy ought to be if it's excavation for your personal use, it's not commercial, and personal use means on your same property, and if it's excavation for profit, then it's commercial. MR. MULHERE: Well, we can -- we can certainly do that. I mean, I just want to raise some issues -- and for the record, again, Bob Mulhere -- that it seems like 250 trips is a lot, but it can basically be done in ten days or less, and that's why the policy has been -- there's a threshold for that, just because you were going to take some dirt off-site and just because there was a market, you may have a home, want to dig a pond, you don't want to put the fill on your site because you don't want to alter the land by placing the fill on your site, and there's a market out there. COMMISSIONER MAC'KIE: How about if you give it away versus you sell it? MR. MULHERE: Well, you're saying impacts on the road, so, I mean -- that's my point. We thought that there should be a threshold, and that's the way we have operated. I don't think your staff has a problem if the board's policy direction is that there shouldn't be a threshold, that if you're taking it off-site, you go through this process, but keep in mind, again, we talked about the $2,000 fee, and that seemed like a lot, well, it's not a lot if you're excavating greater than, let's say, 4,000 cubic yards of fill because you will be recouping significant revenue from that. COMMISSIONER MAC'KIE: What's the market for 4,000 cubic yards of fill? What can you sell that for? Somebody has to know that, some ballpark. MR. CHRZANOWSKI: Probably six to eight dollars a cubic yard, depending on haul distance. COMMISSIONER MAC'KIE: So, you do my math for me. If it's six, what is the -- MR. CHRZANOWSKI: Six per 4,000 is 24,000. COMMISSIONER MAC'KIE: Okay. So, they'd have to pay a $2,000 fee to earn $24,000. I can live with that. Page 61 February 27, 2001 COMMISSIONER COLETTA: Pam, you've got a good point. What we have here is the people we don't want to buy. There are those that are going to excavate on their site and move the dirt to the front of their property, use for a house pad, but the other people are going to be impacting their neighbors, they're going to be impacting the roads. The -- in fact, the rate that exists right now is totally unfair for the small pit operators. MR. CHRZANOWSKI: Excuse me, Commissioner. COMMISSIONER MAC'KIE: I've got to tell you, I'm so grateful that you brought this up, because I'm just ashamed of myself for not having known that we were regulating the way we were. I mean, we've done this the wrong way for too long, and I'm very grateful to you for bringing it up. COMMISSIONER COLETTA: Thank you, Pam. MR. CHRZANOWSKI: Excuse me, Commissioner, can I say something? Stan Chrzanowski from development services. That number that I gave you is if you wanted to buy fill, that is how much you would pay for the fill in place, because it costs, I've heard anywhere from 25 cents a mile to haul it, but the fill actually coming out of the ground is probably like $2, or in that neighborhood, a cubic yard. The digger, if you hire a digger, he's probably going to pay you a dollar a cubic yard for the material. He'll make a dollar, and then the trucker will make the rest of the money. You've got a food chain in there that is taking a lot of that. COMMISSIONER MAC'KIE: So -- thank you. CHAIRMAN CARTER: It is conceivable to me that you may not need all the fill on your property for the home, and I'm an individual lot owner here, I want to build a home, and I want to have a lake, and I have excess fill, I don't think it's the role of government to tell that person they can't sell their excess fill because it is their property, and they have an opportunity to offset some of the construction costs. COMMISSIONER MAC'KIE: They can do it -- COMMISSIONER COLETTA: No, but it is the role of government to be able to sit in there and regulate how this fill is going to be taken off and at what rate, and there's an impact on the roads that we're not being compensated for now. COMMISSIONER MAC'KIE: That's the key. CHAIRMAN CARTER: Well, but if you go to the other formula Page 62 February 27, 2001 where they're looking at a charge per cubic yard, then that seems to me under the recommendation to begin to address that issue. I'm saying let's be careful that we get a solid policy here that doesn't penalize the individual homeowner. That's what I'm talking about. Commercial is a whole different ball game. If you're taking this stuff out, and we don't have restricted areas and it's unregulated, then I think it is the role of government, but I'm concerned about the individual property owner. MR. MULHERE: I'm sorry, Mr. Chairman, I did want to -- we didn't get to that yet, but one of the recommendations, and I think that -- is that we would go away from an impact fee assessment and to a maintenance assessment, because that's really what we're talking about, which Commissioner Coletta raised, is the impacts to the road network, the existing road network, and so we would capture -- we would develop a formula to capture the impacts and to maintain those roads as a result of the impacts from these in any case, and that's what our recommendation is. So, it's not our recommendation to establish a threshold beyond which you -- what we're talking about is the public hearing process, not a -- in any case, you would have to pay a calculated maintenance impact. So, the threshold we're talking about is really for a public hearing process. Do you have to go through a full blown public hearing, conditional use, for every off-site movement of fill, some of which may be only a quarter of a mile within the neighborhood, and what we're suggesting is that there be a threshold. The threshold that has been established in the agricultural district is 4,000 cubic yards. Perhaps it should be less in the estates, but we were looking at the same threshold. COMMISSIONER MAC'KIE: Less in both. COMMISSIONER FIALA: Were we supposed to hear from the transportation services division? COMMISSIONER COLETTA: That's coming up. MS. MURRAY: The third recommendation would be that, again, the existing policies in the estates zoning district are simply policies, and they need to be adopted into your land development code if you want to ensure that they are legally enforceable, and we would recommend that you do that as well. Page 63 February 27, 200t The fourth recommendation is to address some of the inconsistencies in the methodology of calculating permit fees. I believe that the cost for the permit application fees for your larger operations and your smaller operations, there's not a huge discrepancy. There's a minimum -- or a maximum cost that can be charged, and that cost -- that maximum applies to both your smaller and your larger, so what we would like to do is separate those out so that the smaller guys, perhaps, pay less or the larger guys pay more, just something to address the inconsistency with the application of the fee. We also recognize that there's been no research that we're aware of or nothing that we have in our hand that suggests that there may or may not be an environmental impact with respect to permitting a large number of small ponds, if you will, in the estates zoning district, and we thought that that probably needed to be evaluated further as well. COMMISSIONER MAC'KIE: Is that something you can go to EAC for for their consideration? I'd like to see that. MS. MURRAY: Certainly. CHAIRMAN CARTER: Well, it seems to me that, I made a note on that, it needs an overall water management plan when you do this. You can't look at it piecemeal. MS. MURRAY: Correct. CHAIRMAN CARTER: I think you really have to look at the whole area and what is -- COMMISSIONER COLETTA: Now you're getting into what I've been trying to say. It needs a lot more regulation than's in place right now. CHAIRMAN CARTER: I don't disagree with that at all, Commissioner. I think we're on the same page. I'm just a little concerned about the individual person, and that I don't put him or her -- COMMISSIONER COLETTA.' Right, we need to protect them, and one of the things we're going to be doing with this is we're going to try to correct the disparity between what the small pit owners are paying and the large pit owners are paying. It's unbelievable. It's like a factor of five or six. What is it, Bob? The small pit owners are paying way out of proportion. MS. MURRAY: It's really a fee that has a cap on it, so -- and I Page 64 February 27, 2001 would call it a minimal fee. There's no graduated scale for large owners versus -- or large pits versus small pits, and that's -- COMMISSIONER MAC'KIE: But proportionate to the amount of money that they're making is what he -- proportionate to the profit. MS. MURRAY: Exactly. CHAIRMAN CARTER: Once you meet the threshold, you're home free. COMMISSIONER COLETTA: Yeah, but is it right for a person that has 120 acres and they're excavating the whole thing to be paying a fee that's similar to someone that's doing part of a five acre lot? That's what I'm bringing up here. We're missing out on impact fees for the roads that are way out of proportion. CHAIRMAN CARTER: I would agree with you. You need some sort of a formula for the small -- COMMISSIONER COLETTA'. You are absolutely right, and I think they have something in mind. MR. MULHERE: That's correct, and, again, the rationale or the nexus is that frankly with a much larger scale excavation, the staff time put into reviewing it, the staff time dealing with neighbors and residents and attending meetings and trying to resolve issues is more significant. So, there is a rationale or a nexus for charging a higher fee for a larger excavation and a lower fee for a smaller one. What we have now is a maximum of $3,000. So, if you're excavating a million cubic yards of fill, you pay $3,000, and if you're excavating a thousand cubic yards of fill, you pay less than 3,000, but it's not proportionate. MS. MURRAY: The other recommendation would be to address the inconsistency in subjectivity in the present methodology of calculating road impact fees for commercial excavation permits, and this we've talked a little bit with the transportation department about developing a separate ordinance addressing earth mining as a unique land use, and I believe that they are also going to be bringing that forward to you at their workshop this Friday, but the idea here is that the impact fees are calculated based on a number of factors, but two important factors, the haul distance and the time frame of the excavation have a significant impact on the amount of fee that's charged, and a year's difference in time could result in a 50 percent increase or decrease of impact fees; same with the haul Page 65 February 27, 2001 distance. The problem is we have no way of verifying whether the haul distances are accurate. You get a long-term excavation. The market conditions change. Their buyers change, that sort of thing. We have no way of adjusting for those road impacts based on the change in road miles traveled year to year, and I'll just leave that. In case you have any other questions on that -- I think Bob went over that pretty well. And the idea behind that, rather than to charge based on the mileage traveled and the time frame of the excavation, it would be perhaps to consider charging on a per cubic yard basis, because that's a measurable amount. The applicants for excavation permits come in and they tell us how much they're going to excavate and how long it's going to take them and where they're going to haul the material to, and on a yearly basis, that excavation is monitored, and at the end of the excavation, we have the ability to go in and require them to submit by a professional engineer or a surveyor an exact -- or almost exact measurement of how much fill was actually excavated, and then the road maintenance fee, if that's what you choose to call it, could actually be adjusted up or down based on the amount of fill that was actually excavated, rather than the subjective nature of road miles traveled and time. That's really it for staff's recommendations if you choose to allow excavations to remain in the estates zoning district. If you decide that you don't want to have excavations in the estates, we would suggest, again, that you do allow a certain defined amount of fill to be excavated and hauled off-site for personal use, that you still do address the inconsistencies and subjectivities in the present methodology of calculating road impact fees, and that you address the inconsistencies in calculating fees for permit applications, and that should you decide not to, that is still our recommendation. CHAIRMAN CARTER: Commissioner, how many commercial application -- or pits do we have in the estates today? COMMISSIONER COLETTA: The exact number -- I had a map that was at my disposal, and I didn't bring it with me, but I am sure you will see something similar today. There was quite a few. What it is is on the smaller pits, they go in and they'll Page 66 February 27, 2001 excavate the pit over a period of maybe a year or two years, and then move on to another location. In some places, the impact is minimal. In other places, it's great. CHAIRMAN CARTER: Well, it's just like strip mining. COMMISSIONER COLETTA: Well, yes and no. In some cases -- and I hope that the people that I've invited here today-- I sent out letters to all the miners, the people who have these mine operations out there in the estates and the agricultural lands, so they knew this meeting was taking place. Some of them are actually doing quite a service in the way they do it, and they leave the land behind in better shape than they found it, with a beautiful lake, all landscaped, ready to go. In fact, that particular lot will sell for more of a value than others, and you're going to find today too that there's other miners that go in there, and they'll mine the thing to the extent where it has no value. It's nothing but an empty pit. The price of land out there being what it is to get that last couple of square feet of land of value of it way exceeds the value of the land. CHAIRMAN CARTER: So, there's no incentive for restoration? COMMISSIONER COLETTA: In some cases there is and there isn't. They have a bond that they post, and I still don't know the whole situation on that, if the people are abandoning the bond or what, but in some cases, what's been left behind is less than desirable. Not only an eyesore in the landscape, but it's also an attractive nuisance for young children. CHAIRMAN CARTER: So, then that would tell me that we have to -- whatever was decided, that you must restore the land. There is no option to this, that you can't -- COMMISSIONER COLETTA: I couldn't agree with you more, and I hope that before we reach any decisions here, that we will have the speakers come forward from both sides and present their case. CHAIRMAN CARTER: Well, perhaps maybe we should move to public input and get -- COMMISSIONER COLETTA: I think you might want to hear a little bit about the impact on roads before we go to the next step. I'm sorry, I don't mean to take this meeting over, but it's very important that we have all the facts out. CHAIRMAN CARTER: No, no, it's all right. You're not taking Page 67 February 27, 2001 over. That's fine. I want your input. MR. KANT: Good morning, commissioners. Edward Kant, transportation operations director. Thank you, Commissioner Coletta. The one issue that we were -- we have been concerned with for a number of years is the application of a road impact fee for this particular land use. As you're aware, the road impact fee speaks to capacity related issues as opposed to operational and maintenance issues. We cannot use road impact fees. However, we collect them. They go into the pot, and they are used for capital projects. Because of some of the issues that have come up in recent years, we have looked at this, and we are going to come back -- actually, if you do agree to the recommendations this morning, later on, one of the recommendations is that we develop an earth mining road operational fee in lieu of a road impact fee so that we can more appropriately capture those impacts on the system, whether they be just down the street on a local road, which, frankly, may take more of a beating than an arterial road which is built to a different standard. So, if, in fact, that is your desire later today and we do get the direction to work on that, frankly, that will shorten up a little bit of our presentation on Friday because we were planning to bring that back to you on Friday, but it is important to recognize that this is an operational issue as opposed to a capacity related issue. There may be -- and this is something which we would have to address as we review the criteria and try to come up with an equitable fee, the issue of what about some of these pits which are permitted for 50 years or a long time, does that become the land use? We need to sit down with the county attorney's office -- there's a lot of factors that go into coming up with this kind of a determination. We would come back to you at some future date with that. Thank you. CHAIRMAN CARTER: Thank you. Commissioner Coletta, I just want to compliment you on the homework that you've doing on this and bringing it to our attention. I know it's vital to your district, but what you're doing is helping all of us in the health, safety and welfare of what we're Page 68 February 27, 2001 charged with and responsibility on how to deal with this. So, in no way did I feel that you should ever be shortchanged in the time you need to explain that issue to us. MR. OLLIFF: Mr. Chairman, you've got 15 registered speakers, so I'll go ahead and call two at a time, and if the second speaker could just be standing and waiting over here by the doorway, it would be helpful. The first speaker is Kenneth Rumple, followed by Rebecca Winans. MR. RUMPLE: For the record, my name is Kenneth Rumple, 48365 31 st Street Northeast off of DeSoto between two of these so-called ponds. I've been in the -- working in the mining industry for ten years myself. I work at the bigger pits, and I haven't had the opportunity to work at one of the smaller ones. This is a picture, if I may show the commissioners, of one -- that the county code has said this is a finished pond out in the estates. These ponds, they're digging them on two -- they have to at least have, to my recollection, two and a half acres to dig the ponds. There are two by my house that are on about two and three-quarters acres. They leave 30 foot of ground around the outside of the pond, and enough pad that they can say there's a house, but I cannot see how they can put a septic tank and well on this property and be properly permitted. Like I said, I live within two. There's another one permitted to go within a quarter of a mile of my house. I have two small children, and there are exactly ten children on our street, which can get into these ponds, and in this dry season, alligators do like these ponds because it is hard to find water. The equipment does not have to be fenced in. We have had kids killed in Fort Myers from playing on equipment by a school. This equipment is out in the community and is not regulated in any way. A lot of this equipment is old, does cause leaks on hydraulic hoses, oil getting into our water supply and no way of determining whether they clean this up or not. So, my recommendation to the county board is to shut down all of the pits inside the residential area of the estates, and I would hope that you would take this recommendation from me as the word of a lot of people. We have plenty of signatures of people that don't want this by them. I don't want to hurt the Page 69 February 27, 2001 small business people, but our roads are getting torn up. It's not -- most of them are not that sightly of a place. They are not doing anything to make them look better. If the problem is determining commercial and a residential, have them have to pull the permit for the house before they can build their pond on their land. Thank you. COMMISSIONER MAC'KIE: There you go. MR. OLLIFF: Next speaker is Rebecca Winans followed by Mike Ball. MS. WINANS: Good morning. I'm Rebecca Winans, and I live at 4530 Randall Boulevard, and I presented you with pictures of some of the lakes right by me, plus the petitions from the people that signed, and I have a paper that my husband, I'm not sure it's going to show up, stepped out for one of the pits on the property on 22nd, and my concern is, we have no spraying out there. We live out there. I pay a lot of money in taxes. I don't mind living out there and paying the money and having no spraying, but we have mosquitoes now to where you can't walk outside as soon as it gets dark. With these pits not being stocked with fish to be able to eat the mosquito larvae, we're going to have kids infected with encephalitis next, because we have no control over mosquitoes. You don't even come out and see if we have encephalitis in our area. Plus also, one of the pictures shows it by a canal. Now, in our rainy seasons -- when we built our lake on our property, we had to have the house permit pulled first. You'll see a paper on the package that shows our permit, how big our lake could be, how deep it could be, all the requirements on it, the slope and everything else that was required, but we had to have our house permit pulled first before we were able to build it. Now, there's got -- and our lake, when we have a good rainy season, overflows into our own property. We left the back part of our property Iow just so it would have a place to go. Now, this one beside the canal, if it overflows, it's going to bust that canal out, and there's more money out of you guys' pocket to dig out that canal, to clear out the canal so that -- and then what are you going to have; a canal and a lake mixed together. That's my concerns, and thank you. Page 70 February 27, 2001 CHAIRMAN CARTER: Thank you. MR. OLLIFF: Next speaker is Mike Ball, followed by Milly Ball. MR. BALL: Hello. I'm Mike Ball for the record. I'm here to speak on earth mining. We've been dealing with this for a couple of years now, and we've had some bigger mines go in, and they're doing a good job. They're taking care of the neighbors. They're doing some road maintenance and that kind of stuff and keeping their dust down on their property, but we're getting a lot of these little pits going in, and most of these end up on private roads or unmaintained roads at all, and I asked Mr. Coletta to come down my road the other day, and we had a dump truck dump ten loads at the end of my road the other day, and our road decreased travelability probably by 90 percent during that one day, because the truck driver was in a hurry. He was going probably 25 to 35 miles an -- everybody says these truck drivers take good care of their trucks. They are in a hurry, man. They want to get there, get back and get another load and get back again. I watched him. He came by. He hit one of the sand holes. Man, he went like that, and the front end bounced over, and he went the other way, and then he started trying to dodge the sand holes, well, his tires couldn't dodge the sand holes. They'd catch the edge, which breaks it down more, and this is our private road. I try to get out there with my little Bobcat, and we get a load or two of gravel in there, and we'll try to flatten it out, and we'll have these dump trucks come back in there and tear it up again. And like the picture they were showing, there's a lot of pits out there that these people claim they're building a house or going to build a house on it, they're just going out to dig the dirt up and make a bunch of money and leave a pit behind and nobody wants it. They say they can build a house on -- like that gentleman there, how can you permit for a well and a septic tank when there's only like a pad of a hundred foot square left on this piece of property to build a house on. Thank you much. COMMISSIONER COLETTA: I can testify that Friendship Lane is anything but friendly as far as trying to drive on it. If you had that road down at Donna's street, you wouldn't have a problem with traffic going through there. Page 71 February 27, 2001 MR. OLLIFF: Next speaker is Milly Ball, followed by Nancy Payton. MS. BALL: Yeah, I have this for the record. I'd like it to be added as part of the minutes. I just wrote some -- I do have some definite problems with the current rules. The dump truck noises, right now the rules say it's from 7:00 a.m. to 6:00 p.m. I don't think many people would care to have those noises in their neighborhood at 7:00 a.m. on a Saturday morning. I don't think that's being at all considerate. In addition to the problems -- I wrote problem, and I wrote solution. The solution, of course, would be to change the hours from 8:00 to 5:00 Monday through Friday. I think that's more than reasonable, and then this blasting is a whole other issue, that they're wanting to blast in residential areas that's -- without any notice. You know, there's really no way they could notify all the -- it would be very difficult for them to notify all the residents. It would be like, surprise. Damage to the private roads, we have -- yeah, they are paying money. They are getting dump trucks on the damaged roads. That's why they pay more, but this road -- that money doesn't go into our private roads. That comes out of our pocket and damages our cars, you know, the alignment, and it's just -- you know, it's a pain. The solution would, of course, be if they -- it would be to require them to upgrade the roads, 12 inches of compacted lime rock base. Again, I've written all this. I thought -- it's a standard. Yeah, I'm not an engineer, I'm a nurse, but I've done as much research as I can easily do. I put a fair amount of work into this. This final road maintenance needs to be addressed, because if it's not, then the roads are just left devastated without any -- where the people don't have anything to go back on that. No solution except, again, more money out of their pocket. We're paying taxes. We're subsidizing the people in town because they've got little flowers and trees in their intersections and their medians. We've got rotted roads and no -- it's just we're subsidizing, and that's not right. Another thing to be addressed is the traffic problems. You know, we've got mailboxes, rural mailboxes end up being on those roads. If you're going to be turning in, you have to have a Page 72 February 27, 2001 turn-in lane, and you've got to have a school bus stop, because dump trucks are big. They have limited sight. They can't stop quick, and, you know, we're going to have a tragedy. I mean, do we need to wait until we can name a law after some kid that got smooched. Oh, gee, I'm sorry, it's only one kid that got smooched, you know. That's not what we need to do. I'm sorry, but we need to think about those things. Again, I've provided the solutions there. The other thing is property values go down. Now, who wants to buy a house with a pit within sight of the place, and we have -- you know, they are not mansions, but they're nice houses. We went out there for the peace and quiet. We have a pit making beep, beep, beep noises. No compensation to us, not that they would, but our property values go down, but still, taxes are going up because, quote, Naples is moving out in our neighborhood, but nobody takes that into account when they figure our property taxes, and I can maybe live with that if we had a set -- a time when the pits are going to be finished, but right now, it's carte blanche. A solution would be to limit operations to two years with one possible extension. Then the original pit owner has to be held financially liable to guarantee that this pit would be converted into a more aesthetic appearance. Compromise of private wells, we've heard -- you're going to hear testimony that it has no impact on the well. However, since there's an increased number of nearby residents that have had well problems, there's a probability of loss of water resources. Solution, a possible solution would be an independent study complete with mapping of problem areas needed to research the location and type of problem local residents are experiencing. A control group of well users who don't have a nearby earth mining pit could be used if they're not going to step -- you know, we've said we haven't had problems with the well in the past. If you're not going to accept historical data, then you need to have a control group that doesn't have wells in there, that doesn't have earth mining pits in the area. Particular attention needs to be given to the depth of the well and the depth of the earth mining excavation, some of which have asked to go down 56 feet. Now, I'm sorry, I have a little problem with a hundred -- that big a hole that deep, and it doesn't Page 73 February 27, 2001 impact the water. One more thing, that's it. Lack of accountability to local residents, now this is something that -- historical inconsistencies and errors in the application of public hearing for conditional use and county planning commission memorandums. You know, that was an E-mail I sent to all the commissioners before one of the meetings on the earth -- and I have another copy if anybody wants to see it. COMMISSIONER HENNING: I think that's going to -- we're going to address that at our growth management plan. MS. BALL: Let me finish this one solution. More weight needs to be given to documented inaccuracies identified by neighbors, including mandated work stoppage until discrepancies are corrected. Work stoppage would require re-application through advisory boards to include environmental and/or planning commission. I pointed out inconsistencies. I documented them. I -- chapter and versus, nobody said nothing. Nobody gave me a satisfactory answer. I pointed out essentially fraud inaccuracies, and you guys can't make good decisions, if you're not given half the information. CHAIRMAN CARTER: Ma'am, if you will provide us with a copy, I'm going to have to ask you to wrap up now. MS. BALL: That's it. CHAIRMAN CARTER: Thank you very much for your information. If you want to provide the board with a copy of your notes, we'll be more than welcome to have it. MS. BALL: I did. COMMISSIONER COLETTA: If I may add something here -- COMMISSIONER MAC'KIE: She did. COMMISSIONER COLETTA: -- Milly is the driving force down there on Friendship Lane, and we had this very issue come up before us, and I think we kind of dismissed it a little too quick. At that point in time we were trying to point out about the fact that these people bought in a country setting for country living and now they're living with a berm for an unknown period of time. I tried to get this commission to agree at that time to make it a part of the conditional use of the property that the berm be removed when the lake was completed, and that it be planned to make it aesthetically more pleasing to maybe to be able to help the property values in the future, but we didn't go there at that Page 74 February 27, 2001 time, but we need to look at that in the future. Milly, I appreciate everything you've done as far as bringing the group together and moving this effort forward for yourself and your neighbors. MS. BALL: Right. We'd have more people come, but most people out there are working for a living during the daytime, and they can't take off. COMMISSIONER COLETTA: And Milly works at night as a nurse, and she came right from work to be here. Thank you. COMMISSIONER MAC'KIE: Thank you very much. And if I could just -- on that point you made, Commissioner Coletta, help us be sure that that is included in whatever recommendations we give to staff. COMMISSIONER COLETTA: Very much so. In fact, when I was reading my suggestions before this commission before, when we had Big Island before us, I took Milly's letter, and I was using it point by point going down, and I think we need to take a real serious look in trying to incorporate these ideas that she spent the time to research and to come up with answers. COMMISSIONER MAC'KIE: I think she's right on track. Thank you. COMMISSIONER COLETTA: Thank you. MR. OLLIFF: Next speaker is Nancy Payton, followed by Jim Weeks. MS. PAYTON: Good morning. I'm Nancy Payton representing the Florida Wildlife Federation. From an environmental perspective, burrow pits, commercial excavations are a pox on the land, and, therefore, we support the effort to ban commercial excavations in the estates area. Florida Wildlife urges that the commission send this incomplete and -- well, incomplete, I'll leave it there, incomplete report back to staff and this is why. The staff -- the report should contain a meaningful environmental component that, one, requires wetland delineations and agency verification. For example, there was a recently approved commercial excavation project in northern Golden Gate Estates, which is right smack dab in the middle of Winchester Strand, which is one of the two -- one of the two major wetland systems in northern Golden Gate Page 75 February 27, 2001 Estates, and in the staff report, it said there were no environmental considerations. In fact, as I went back and pulled out some of these other executive summaries, some summaries didn't even have an environmental section where they could say there weren't any environmental issues. So, this is one of the points that we want to bring up. COMMISSIONER MAC'KIE: Can I pause you for a second there just to ask, are there any other agencies that review these permits or are we it? MS. PAYTON: Well, in some cases, you are it, and let me go through a little bit more about our recommendations. COMMISSIONER MAC'KIE: Okay. You already got the top of my head popping off, but okay. MS. PAYTON: We're asking that a listed species survey be done, and I'm specifically talking about the estates and these small commercial operations. For example, there are burrowing owls in northern Golden Gate Estates. There are gopher tortoises. There are various wading birds that use those wetlands, red.cockaded woodpeckers, and there are a variety of listed plants, and ferns, shoestring ferns, and also we have panthers in the estates and black bears, and that's just a sampling of the listed species that are found in the estates, but a listed species survey isn't required. Also, we recommend that the county should issue permits only after an estate permit has been issued, the ERP permit, the environmental resource permit, or a letter of exemption is issued. In other words, don't give out a permit until we know that the state has issued that permit, particularly because the county has had the policy in the past of advocating any environmental planning to the permitting process. That's devoid again in this, that we're dealing with permitting, and we're not doing resource planning. Also, support the staff's recommendation that they need to address cumulative and secondary impacts of these burrow pits. Gary Beardsley was not able to be here today, but he sent me a copy of a -- we call them Gary-grams that he sent, that he sent to Commissioner Carter and I -- COMMISSIONER MAC'KIE: Got them. MS. PAYTON: Very good, and I wanted to make sure it gets into the record, because he brought up some additional issues Page 76 February 27, 2001 that I think are very important and deserving of consideration, and for instance, one of his recommendations was that there should be sufficient fill stockpiled for the future home pad, septic and driveway. He also raised the issue about the setback. Staff says that there's a 50 foot setback for these burrow pits. Well, my understanding, and based on Gary's memo as well, is that when you have a parcel in the estates, you own out to the middle of the road, so where is the 50 foot start, and also on the side road. So, there's issues of setback. I agree with Gary about questioning the reservoirs and do they have a value to the environmental system, and I remind you that there is a proposed commercial excavation effort in southern Golden Gate Estates which is the premier restoration effort in Collier County, and the Big Cypress basin says that this is going to be a detriment to restoring hydrology and the aquifer recharge efforts of southern Golden Gate Estates, so I'm sure that's true, the same for northern Golden Gate Estates. COMMISSIONER MAC'KIE: You're saying there's an application pending? MS. PAYTON: Yes, it will be coming up soon. It's under the Guides of Fish Farms. COMMISSIONER MAC'KIE: Oh, yeah. MS. PAYTON: Also, I wanted to emphasize that there seems to be three different categories here. There's the large pit, the small pit and the individual, and I want to make sure that there isn't a confusion with these small operators that are attempting to get by as individual, doing something for an individual, and it would be interesting to look at those 49 applications to see how many of them are repeat applications by one particular or two particular companies, and it would be helpful, Commissioner Coletta, if we could see that map that you referenced a few minutes ago that identifies where these various burrow pits -- COMMISSIONER COLETTA: I was told that it wasn't complete. It was to give me an idea of where some of the locations were. MS. PAYTON: And just one quick comment is you can't restore a burrow pit unless you create a burrow pit someplace else to fill that hole. You can enhance it in some ways, and we could look at that, but I want to stress, you cannot restore a burrow pit unless you create a burrow pit elsewhere, and lastly, Page 77 February 27, 2001 in summary, this report and its recommendations do not carry out the County's mandate to adequately protect, use and manage its natural resources, and we look forward to working with staff to have some of these issues addressed. CHAIRMAN CARTER: Thank you, Nancy. MS. PAYTON'. I want to make sure this gets into the record. CHAIRMAN CARTER: The next speaker, please. MR. OLLIFF: Next speaker is Jim Weeks followed by Terry Dupree. MR. WEEKS: Before we start the clock, I'd like to have a minute or two extra like all the others have, please. Thank you. CHAIRMAN CARTER: Well, we don't like to run over, sir. We would just like to give you every opportunity -- COMMISSIONER COLETTA: We will accommodate you when we possibly can. CHAIRMAN CARTER: -- to speak, but I have to wait a minute. I have to change court reporters, so if you'll please just wait a second. sir. (Break was taken.) CHAIRMAN CARTER: Okay. We're ready to go. Your time, MR. WEEKS: Yes, my name is Jim Weeks. I'm a Golden Gate Estates resident. I live on DeSoto Boulevard. I -- I presently own four properties that have had commissioners' approval for mining. Three of them, the mining operations have gone successfully, no complaints, no violations of any sort. The COMMISSIONER MAC'KIE: Are they all in the Estates? MR. WEEKS: They're all along DeSoto Boulevard near my home. I've had conclusion of two of them. They will not be final until the rainy season because we are required to put wetland species in the ponds and to restore the area with grasses and whatnot. We can't do that right now, we're in a drought. So I have some that are just pending completion based on weather conditions. There are some issues that need to be addressed here concerning, number one, what kind of a benefit is this to the community? I live on DeSoto Boulevard and it makes me sick what I'm seeing coming out Golden Gate Boulevard coming home Page 78 February 27, 2001 or coming down Randall Boulevard, which is a typical scenario that gets played out. People buy a property, typically from Miami, they put two or three trucks on the property and they have a cousin living outside in a camper home hooked up by an extension cord. So I'm -- you know, these -- these operations are being called to question that somehow they're lowering the -- the value of the area, when all you have to do is feast your eyes on the scenario coming out Golden Gate Boulevard as to what -- we're losing the battle to keep the area nice. I take typically a five or six acre piece of land. I will mine two to three acres on it. Leave a full acre and a half for development. Anybody is welcome to go out and check them and measure them. They have a $10,000 bond held against them for completion, and frankly, I'm preventing these properties from ever being split and having our other scenario, which just drags the area down terribly. Which do the wildlife prefer?. I have deer prints, panther prints, hog prints, everything coming down to my properties down the lakes because the water's in the area. We're holding the wildlife in the area simply because there's a source of water. It's kind of funny to me, there was a petition going out yesterday on Randall Boulevard and the person doing the petition received 30 plus truckloads to their yard through one of my persons that purchased my property. It went straight into their yard to restore the farm ditches that were left on their property, so I guess they got their dirt, now the game's over, let's not let anybody else in. It's something to consider. Ed Kant with transportation's going to take particular note to this and others will be here to speak on this that will support this. Most of your dirt's coming from Lee County. It's coming right down 1-75. You're not getting paid a dime of road impact use fee. Anybody's welcome to go park at one of these exits, 17, 16 or 15 and watch the dump trucks heading south. It's not coming from Collier County. We need more of these sources of fill in this county because you're not getting any revenue and your roads are getting beat up. Some of the other things to consider -- COMMISSIONER MAC'KIE: Could I pause you for a second just to ask if staff could consider -- they must have to have an occupational license or something to operate that kind of a Page 79 February 27, 2001 business in this county. Maybe we need to look at the fees for out-of-county operators because we don't want to miss them. We want to charge them more, not less. MR. WEEKS: Typically what's happening is, these trucks are loading in pits in Lee County. The work is, not always, but mostly in Collier County. How else did we get our assessed tax base? Did I hear it doubled? Well, it wouldn't have doubled without good access to mining materials. We're getting a select group that now that they've got their dirt on their property, I don't want any more trucks on my street, get them out of here. Yesterday, 70 percent of our truck volume yesterday out of our pit went within two miles, over onto Everglades Boulevard. Now, what's the benefit to the community? The truck traffic is not coming from way yonder. It's localized right close to where the material is being used. It's something to think about. I'm taking these properties now and I'm holding them for a period of time, hopefully to inflate in value. The lake, truthfully, will sell for far more as a homesite -- lake homesite. Your tax base is going up because I'm -- it's not just a pepper inundation. Last, to address environmental concerns, we are specifically, most of those here that have done excavations out there, we're looking for old farm fields. These are farm fields that have rows and ditches in them. They become pepper inundations. That's all they are, and the pepper is a controlled species. I've got another minute, I think. CHAIRMAN CARTER: Right, because we interrupted you. MR. WEEKS: Peppers are a controlled species. We're coming in, doing the cost to remove them, putting in the fill, supplying the area with the legitimate fill resource which isn't coming from Lee County. Thank you. COMMISSIONER HENNING.' Mr. Weeks? Mr. Weeks, please? You stated that you're leaving an acre of land to build on. Is that all -- MR. WEEKS: The acre is the requirement. I generally go an acre and a half. COMMISSIONER HENNING: Okay. COMMISSIONER COLETTA: Is that one continuous piece or is that all the land around the lake? MR. WEEKS: I typically get a tract, which -- a tract of five Page 80 February 27, 2001 acres being 330 by 660 or -- the six acres are running deeper than 330 by 800. What happens is, you wind up leaving three to four acres of land still, okay? What happens is, it's in perimeter buffer which is the setback. We have a 50 foot setback requirement. So truthfully, we leave an acre and a half of homesite, but if you count up all the buffered land around the edges, it's far more. COMMISSIONER COLETTA: Question. How many of these fill pits have you had over the years and turned them into lakes? MR. WEEKS: I have -- we'd have to go back through development services records. COMMISSIONER COL. ETTA: Just approximately. I won't hold you to an exact -- MR. WEEKS: In 2000, I've had four approved by this county commission. COMMISSIONER COLETTA: Have you ever failed to get back a refund on your bond? MR. WEEKS: Not once. I'd like somebody in development services to address that as to what the status and how many complaints and what our violations have been. There have been none. COMMISSIONER MAC'KIE: So does that mean if-- the effect of not having a complaint or a call on your bond means that you've complied with every regulation, so if we wanted to see the perfect sites, we could look at yours? MR. WEEKS: As soon as the rainy season comes. COMMISSIONER MAC'KIE: Yes, sir. MR. WEEKS: I cannot complete them because of the drought because I'm -- COMMISSIONER MAC'KIE: Do you have any -- MR. WEEKS: -- I'm being required to bond the survivability of the littoral shelves, the littoral shelves that we plant. COMMISSIONER MAC'KIE: Yes, and I appreciate your staying here and answering questions. This is not a cross-examination. We're just looking for -- MR. WEEKS: Please, do it. COMMISSIONER COLETTA: We just want to be informed. MR. WEEKS: Please do. COMMISSIONER MAC'KIE: We appreciate having somebody who knows what they're talking about to ask questions of. Have Page 81 February 27, 2001 you ever -- do you have any sites that you would send us to to say, this is one that is completed where the -- I mean, I'd love to see one that's a good example. Do you have one you could send me to? MR. WEEKS: Yes, there is one on 66th Avenue Northeast -- two. Two, excuse me. Two on 66th Avenue Northeast off Everglades Boulevard to the east of Everglades. COMMISSIONER MAC'KIE: Okay. MR. WEEKS: There's others on 66th that I'm not in association with. CHAIRMAN CARTER: And are these currently on the market to be sold by you for -- MR. WEEKS: They have already been sold and they are presently in for permit for development. Both have been sold. Both are presently being permitted. COMMISSIONER MAC'KIE: Okay. COMMISSIONER COLETTA'. Do you have neighbors on each side of you on these lots that you excavated? MR. WEEKS: None of the pieces presently on DeSoto are within a mile of a home. Possibly within three quarters. There's none within eye -- within view of the eye. COMMISSIONER COLETTA'. And forgive these questions. I'm not trying to make you uncomfortable and you're answering them very well, by the way, but have you ever put in an excavation pit where there was an occupancy next door to you on either boundary? MR. WEEKS: I would never be so foolish. I have never once. I would never be so foolish, but there perhaps have been others that have done it. That's -- there again, a few bad apples. You -- COMMISSIONER COLETTA: I think what we're trying to do here is come up with something that's going to meet the needs of the residents that are out there. So you haven't really impacted on -- the roads you have used, have they been dirt roads, have they been paved roads? MR. WEEKS: I have specifically, in the last year, stayed on DeSoto Boulevard, mostly to protect my own home, which is down the street. I'm trying to keep the development out. I own these now and they don't need to be developed by somebody from Miami, okay? That gives us that other scenario I told you about, but truthfully, they're on paved streets on DeSoto Page 82 February 27, 2001 Boulevard. There's others, I know, in other areas that are not. CHAIRMAN CARTER: I think we have a model here to begin to look at. COMMISSIONER HENNING: Mr. Weeks, there were some concerns about children being a hazard, the lakes? MR. WEEKS: Could I address that? I'd like to. COMMISSIONER HENNING: Please. MR. WEEKS: We don't mention anything about the hundreds of miles of canals that are in the Estates, which have straight dropoffs, foom, like that, but we will take a lake that has a four on one slope, which -- with liquefied sand, which is -- by the -- we don't go after rock pits. We're after clean fill material. In liquefied sand, you get a repose of about three to one naturally from the wave action in the lake, so if the canals are -- I mean, how many children are just dying in canals every day? What is the impact, you know? I will be fencing my sites completely. I can't fence them at this time because I need to landscape first and have access to them. COMMISSIONER MAC'KIE: Well, it sounds like this is a gentleman we need to talk to to get advice on how to do it right and what the new requirements should be, you know, about landscaping -- COMMISSIONER COLETTA: Quality Homes too has got a scenario of events that they use where they buy a number of lots in a given area and they move the fill a short distance and what they leave behind is absolutely beautiful. So there are good examples, but we have heard about some very negative ones and we need to address that. That's one of the things I was hoping we would go to is, not so much that we're going to condemn the total practice of it, but to be able to regulate the practice so that it won't impact -- by any chance, is a five acre lot too small to be able to do this or should they be ten? MR. WEEKS: No, five acres is the minimum. Anything smaller than five acres would be too difficult when you take your setback distances to be able to leave a buildable homesite. COMMISSIONER COLETTA: Currently can they do two and a half acre lots? COMMISSIONER MAC'KIE: Yes. MR. CHRZANOWSKI: We've permitted a couple. The problem with them is that the lakes are very narrow because two Page 83 February 27, 2001 and a half acre -- a two and a half acre lot is usually only 150 to 180 feet wide, and when you take the buffer on both sides, we allow them, with fencing, to come closer to the perimeter, but the side buffers, you don't pick up the proper depth. We like the lake to be 12 foot deep. To get a 12 foot lake -- or a 12 foot deep lake at a four to one side slope, you need 48 feet of bank and the geometry just doesn't work on -- on the narrow lots. You can get the length of it, but you don't get the proper width. So we have allowed a couple, but they don't work all that well. I'm with Mr. Weeks, I'd just as soon do away with anything less than five acres. COMMISSIONER COLETTA: I think that's something we want to really consider when we make this -- MR. WEEKS: May I address something, which is the mosquito issue? What they're presently doing in Golden Gate Estates is they are driving all their material, in most cases, from the rear of properties. They dig a hole two or three feet deep and carry the material up to make the homesite. These things don't support fish life year round, so when the rainy season comes, the mosquitoes that you can't walk through, like the previous person was speaking, the reason they're there is because every one of their neighbors has got a hole in their backyard. Not a lake that supports life of fish year round. Whether somebody put them in there or not, they transport on the legs of birds. The eggs come in and you're not going to keep the fish out of these lakes. Nobody mentioned that, but the problem is without the accessibility to fill in the area, they just keep digging the holes behind the properties and carrying it up and leaving the mess. COMMISSIONER MAC'KIE: So while we're looking at this, we ought to also look at regulating even the excavation of fill for personal use. COMMISSIONER COLETTA: Possibly so it's filled back in to the point where it's level or above the rest of the ground so it will settle down and it won't provide a cavity for water to collect in. COMMISSIONER MAC'KIE: Or have some littoral shelving, some vegetation, something. COMMISSIONER COLETTA: We still want to keep it affordable. We don't want to drive away the market. CHAIRMAN CARTER: Thank you again. Next speaker, please? Page 84 February 27, 200t MR. OLLIFF: Next speaker, Terry Dupree has waived, so your next speaker will be Frank Kovarik, followed by Kendall Holland. COMMISSIONER HENNING: COMMISSIONER COLETTA: down at Corkscrew. Thank God he wouldn't be here. COMMISSIONER HENNING: COMMISSIONER COLETTA: Is Frank Kovarik here? Frank is -- Frank is the chief we didn't have any fires today or He's taking a day off. Do they get days off? COMMISSIONER HENNING: Yeah, firefighters do. MR. KOVARIK: I don't get days off. Gentlemen -- ladies and gentlemen, this is not a hard issue. In no other place in this county would you allow mining on a residential lot. COMMISSIONER MAC'KIE: I know. MR. KOVARIK: That's the whole issue in a nutshell. COMMISSIONER HENNING: What's your name, for the record, sir? MR. KOVARIK: Frank Kovarik. Do you? Do you allow mining in Quail Creek? Do you allow somebody to walk in and take a lot, residential lot and mine it, any place? COMMISSIONER HENNING: Longshore Lakes. MR. KOVARIK: Pelican Bay, Pelican Marsh. COMMISSIONER HENNING: Waterways. MR. MULHERE: There are -- there are innumerable excavations in residential areas. The difference is that normally the way the urban area develops, there is a phase of the development that gets excavated and created and connected to the water management system prior to people moving in. I concur. Here we have residences all in the same area where you have the excavation occurring and that's the conflict. MR. KOVARIK: It's that simple. Now, should somebody be allowed to turn around, have a five acre lot or two and a half acre lot and be able to turn around and build a pond? I don't know what water management says. I don't know what the ecologists say, but I think that if they want to do that and it's okay with everybody else, that's fine. The people who are mining lots out there are mining them so that there's no way you can develop them. There are a couple that have been mined that are developable, but at that time, that was the standard that you county commissioners had set. Page 85 February 27, 2001 Now, since '99, there's an open standard that says they can mine within 30 feet all the way around of a two and a half acre parcel. I don't know what that leaves in area. I really don't, but I know that up front, you can't put a house. I -- I have not yet to see you be able to build a house on 30 feet. I don't care if it's 30 feet by 185 feet, you still can't do it. COMMISSIONER HENNING: Ten foot wide mobile home. MR. KOVARIK: That's not an allowed use in the Estates. You can't put a mobile home -- CHAIRMAN CARTER: Okay. Any other questions of the speaker? COMMISSIONER COLETTA: Frank, did you want to address the situation about fences? MR. KOVARIK: Yeah, what's going on also is -- is these guys are walking away from these properties. There are -- there isn't a fence around them, and as one of the speakers had said, it becomes a convenient nuisance for children. They like them, and basically we've had a couple of drownings out there. As far as it goes for us in the business, we fight brush fires out there all the time and once they leave these lots -- once they leave these pits, what happens is, it grows up around them. We can't see them at night when we're going along. If there's not a fence or some type of marker or marking area around them, we wind up going into them or almost going into them. It's not nice to take a $100,000 piece of apparatus for a swim, so I wish you guys would consider that also. CHAIRMAN CARTER: Okay. Thank you, sir. MR. KOVARIK: Thank you. MR. OLLIFF: Next speaker's Kendall Holland, followed by Tim Maloney. MR. HOLLAND: Hello. My name is Kendall Holland. I just wanted to bring up the fact, I am, many times, on the receiving end of dirt being trucked to a job site, and if the material is not close, coming out of Lee County or one of the major mines, we cannot do jobs as efficiently, which people don't get proper work done. You see homes with super steep slopes on the sides. It's one thing -- the one lady was saying it was a detriment to wildlife the way we were clearing. Every time I've been in the woods, I've seen wildlife come to water, and I like ponds on property. People do it with the nice waterlilies and flowers and I personally Page 86 February27,2001 just think it's appealing to the area. I would do one on my property, but there's too much rock. I live off of White Boulevard. Well, thank you. I just wanted to bring those things up. CHAIRMAN CARTER: Thank you, sir. MR. OLLIFF.' Tim Maloney will be followed by Bem Smith. MR. MALONEY: Good morning. I'm Tim Maloney. I'm a landowner. I also dig dirt. Fill is my business. We have a big resource of clean fill in Collier County. If I can't get it out of Collier County, I've got to go to Lee County. Jim Weeks touched on pretty much everything I had to say, but I target areas to dig in that are fallow farm fields. I think what I do when I'm done with them is actually improving my neighborhood, and as a landowner of many parcels in Collier County, yes, it is an investment. That's my goal and I think it's a good thing. That's all I've got to say. CHAIRMAN CARTER: Thank you. MR. OLLIFF'- Bem Smith will be followed by Alfredo Martinez? MR. SMITH: Hi. I'm Bem Smith, general manager for Soltek (phonetic) Trucking. Soltek provides services to both businesses and individuals throughout Collier County and Lee County. We're a trucking company. We haul the materials. There is a shortage of materials in Collier County and we do, in fact, haul a lot of materials at the current time from Lee County, which I think Jim pointed out that you all don't -- Collier County doesn't get any kind of impact fees, obviously, from those materials. The trucks that are here, obviously they do buy their fuel here and things like that. We pay for fuel, you know, those type of taxes. I think that that's the biggest point that we had to make was that there is a shortage of material. We think that you've got people with property rights here. I live in Collier County. I live in the Estates and I think that, you know, obviously we need to regulate it, but it needs to continue. COMMISSIONER MAC'KIE'. Can I ask you a quick question? Do you ever do the flip side, haul fill from Collier to Lee? MR. SMITH: I can't think of one that we've done that with. We -- we also have the contract for the landfill for Waste Management. We haul the cover material and we are currently bringing most of that material from Lee County. COMMISSIONER HENNING: Well, don't stop. Put more dirt Page 87 February 27, 2001 on that landfill. Cover that odor. MR. SMITH: We also do Lee County's landfill and all their material comes, of course, from Lee County. COMMISSIONER MAC'KIE: Yeah, we -- that's a real glitch here. We're not charging any out-of-county trucks for the -- COMMISSIONER COLETTA: But then again too, the impact down on the smaller roads and -- COMMISSIONER MAC'KIE: Wow. COMMISSIONER COLETTA: -- generally when they're on the bigger roads. Six to one, half dozen to another, you know, but our neighborhoods aren't impacted as much as they would be if everything was taken from here. COMMISSIONER FIALA: Did you say that you haul dirt from your mines over to the landfill to cover it right from our own Collier County? MR. SMITH: We don't have any mines. We -- we get it from the people that are mining. COMMISSIONER FIALA: But it's all hauled here from Collier County over there rather than pulled in from Lee County. COMMISSIONER MAC'KIE: Just the opposite. MR. SMITH: Most of the material that's coming to the county at this point is coming out of Lee County. They require different types of material, depending on where they're covering. If it's on slopes, you know, what they're covering, if it's final versus intermediate cover. So they order different types of material and we have to find those sources, and most of those sources are having to come from out of county, just like your beach contract that's coming up, which we have also. COMMISSIONER COLETTA.' And if I remember correctly, the beach sand, one of the closest sources is Big Island, which is off Immokalee Road and that's a large pit. He'll be talking to you shortly too. MR. SMITH: Thank you. CHAIRMAN CARTER: Thank you. Next speaker, please? MR. OLLIFF: Next speaker is Alfredo Martinez, followed by Esther Swezey. MR. MARTINEZ: Hello. COMMISSIONER MAC'KIE: Hello. MR. MARTINEZ: I'm Alfredo Martinez. I live at 2595 31st Avenue Northeast, and as you can see, I'm probably the one to Page 88 February 27, 2001 blame for hauling all the material everywhere. I haul quite a bit, all in the Collier County area, from Lee County and from here locally, but it's a very competitive market out there and everybody wants supply and demand and I go to all the pits and try to get the customers what they want, when they want it, right away. My business is service, so I provide the trucking and then try to get, you know, material from these pits, from Big Island, from Jim Weeks, Terry Dupree, Maloney and Sons, everybody. So I mean, I'm in with them. This is my business and I just provide for everybody, but I think Jim Weeks said everything he had to say. I agree with him. He does keep the prices down so that we can all have a good life, I guess. COMMISSIONER FIALA.' Do you haul more fill from Lee County to this county than you do from Collier County? MR. MARTINEZ: That's hard to say because I haul quite a bit. I don't -- I never stopped to think, but I would say I haul most of it from Collier County, but I do haul some from Lee, from No Limits, which is exit 19, Youngquist RMC, Florida Rock. I haul from Morgona (phonetic). I haul from even upper -- other counties. COMMISSIONER COLETTA: though? MR. MARTINEZ: No, I don't. COMMISSIONER COLETTA: You don't own a fill pit yourself Do you have more than one truck, Mr. Martinez? MR. MARTINEZ: I've had up to 60 trucks running here this last month. COMMISSIONER MAC'KIE: How many? MR. MARTINEZ: Sixty. COMMISSIONER COLETTA: Where do you put them on? MR. MARTINEZ: Excuse me? COMMISSIONER COLETTA: Where do you put them on? MR. MARTINEZ'. On the road. CHAIRMAN CARTER: You walked into that one, James. COMMISSIONER COLETTA: I'm just trying to picture. I haven't seen 60 trucks all together in one spot in all the time I've been down here. Of course they wouldn't be all together in one spot. Like the Sheriff's Department, take them home with you. MR. MARTINEZ: I'll give you a prime example. I've hauled 120,000 yards into Fiddler's Creek in the month of January from Page 89 February 27, 2001 Willow Run to Fiddler's Creek. It's a short haul, in and out, in and out. COMMISSIONER COLETTA: Where's Willow Run? MR. MARTINEZ: Willow Run is Southern Sand and Stone on 951, okay, which is -- everybody knows where that's at, but I'm just trying to make a point, you know. We try to go the shortest route for the supply and demand for the customer. Big Island, it's a great pit. The Winchester mine or shaggy (phonetic) cypress, that's a great pit, accessible in and out, but sometimes their material's too high and the customer doesn't want it from there, so we have to look somewhere else for a better priced dirt so that we can be competitive and the customer, you know, be a little happier with the price, but I -- CHAIRMAN CARTER: Thank you very much, sir. I think you've answered a lot of questions for me. Time is money, folks. Next speaker, please? MR. OLLIFF: Next speaker is Esther Swezey, followed by June Grogloth. MS. SWEZEY: I'm Esther Swezey. I reside at 3555 64th Avenue Northeast. At the moment, I'm between two sand mining operations that are huge, one on Immokalee Road and one on Oil Well Road. Mr. Weeks is right, he did leave the two on 66th Avenue very well. It's just in my backyard. My neighbor just east of me is having trouble with their well. They've had to put their submersible pump down further because they've been having such a time with getting the water. I have had my well lose water, oh, every so many times over the past several months, and of course, I could go out and prime it and get it going with help, and finally, New Year's day, I woke up in the morning, went out, was going to take a shower, didn't have water. Went out and my tank was empty. I was able to prime it and I thought, I can do it, but all I got was black water. I have since had to replace the well and it's got to be because of all the sand mining in the area. That's the only thing I can put to the reason for it, but when this gentleman said he had 60 trucks on the road, a couple of years back I started counting the trucks as I was coming from my home into Naples, and from Oil Well Road to Collier Boulevard, I counted 50 trucks going east to come to be filled up. They -- I've done it since and it's just amazing. There's hundreds and hundreds of trucks on the road and it's just Page 90 February 27, 2001 getting worse instead of better, but that's just my problems, but I wanted to let you know that it's hitting even the little ones. CHAIRMAN CARTER: Thank you. Next speaker, please? MR. OLLIFF: Next speaker's June Grogloth, followed by your last speaker, Glenn Simpson. MS. GROGLOTH: June Grogloth. I live at the corner of Friendship and Immokalee Road, and my concern is in being notified of the different things going around in the neighborhood. Is it a hundred feet that they're notifying or 300 feet? MR. OLLIFF: Three hundred feet. COMMISSIONER COLETTA: Whatever it is hasn't been adequate. MS. GROGLOTH: Well, this is what I'm saying. This is agricultural, it's all acreage, not foot, and so nobody's being notified. So there's nobody at the meetings because we don't know about the meetings. They say they put it in the paper, but we don't take the paper because you have to go out a mile or a half a mile to get your paper every morning. So I don't take the paper for that purpose, and I try to listen to the TV and I try to keep up on a little bit here and there, but I was just wondering -- and especially if they're going to do all of this earth mining on the side roads on the -- is it possible that they would know the people that are on that road? Like Friendship Road, if they're going to use that, for the one pit, and I understand they're going to try and put another pit just off of Immokalee Road on Platt Road, there's ten acres there that they're supposed to be trying to pass through, and the people that are on Platt Road to be notified that -- because it is not a county road, it is self-maintained. We, the people, have to take care of it and a lot of us are on pensions and things and so we like to designate just where we're going to go with it. We want to do our part. We don't want to leave it to all the young people that have to pick up the slack for us, but -- because my neighbors are good. They watch out for me and I appreciate that very much. So I was just wondering how we do go about getting notified more or -- and I did have to have my well redone Friday. I -- I'm so thankful I was home because the pressure in the lines, the air in the lines and that, the valve just blew and I had my own fountain and had Golden Gate Well come out and take care of my problem and had to -- because of the force and things in the Page 91 February 27, 2001 lines, there was a leak also down by the well itself, so they had to do the well, plus up by the pump and so forth and so on. So it's -- like I said, I had them out there two weeks ago and now I had them out there for the big -- and since last June, like I had said the last time, I've had three pressure valves put in, so it's just -- like you say, it seems like an isolated problem, but it's my problem, so -- COMMISSIONER FIALA: How much does something like that cost you? MS. GROGLOTH: Well, Friday it cost me $200 and two weeks ago, it cost me $41 and the -- prior to that, some of the church men had come out and done it and Mr. Balkey (phonetic), one day when I had a leak -- and it's always -- you know, seems always on a weekend. COMMISSIONER MAC'KIE: Of course. MS. GROGLOTH: -- that you have all of this problem, so I turn to the men at the church or the neighbors. COMMISSIONER FIALA: So you're -- you're incurring a lot of cost and -- and other problems water related because of this mining? COMMISSIONER COLETTA: That's one of the things I hope we can address in this. I'll tell you, I've been meeting out there with the residents in that area and I will continue to meet with them and the local rock pits out there to see if we can come to some sort of agreement, because we do have a two year review on this and I'm sure these nickel and dime items are going to be something that we can resolve. CHAIRMAN CARTER: Next speaker, please? MR. OLLIFF: Glenn Simpson is your last registered speaker. MR. SIMPSON: Commissioners, my name is Glenn Simpson. I appreciate the opportunity to speak to you. Mr. Coletta has mentioned to us that there -- this meeting was going on and I'm one of the owners of Big Island Excavating. I also am an environmental consultant and have been doing water management, water related design and expert witness work for about 15 years now. Specifically I've got several comments and some answers to some of the questions that have come up too, especially about the reclamation issue, which I will address in a minute. One of Page 92 February 27, 2001 the problems that you're faced with, and it's a very big and large, complex issue about the mining, because it's basically a business that's demand driven by development, as the new development goes in, mining is just like a timber yard or plumbing supply or anything, we provide construction materials. One of the problems is, is that all these construction materials are very visible early on into the project. Then they -- the trucks go away and you don't see them coming in, but it's supplying the material, the raw material for construction purposes in general. The impact that this has to our highway system isn't necessarily a capacity issue, except on some of the arterial roads, but it's more of a maintenance issue. We don't have a structure in our county to actually assess a fee or to pay for the shortening of the life of our road system that the heavy trucks cause. Staff has made a recommendation, I think, to address that in this upcoming review and perhaps modifications to the ordinances. I know in our perspective, if you're paying an impact fee, you're really not -- impact fees go for the increase in road capacity. In effect, the road capacity that is in the residential areas where the trucks have the greatest impact, it's a short-term thing. The road capacity really doesn't -- long-term construction really isn't what's needed to offset the impacts the trucks cause, but they really do shorten the life of that road, which does affect long term. So I think this issue of changing the way we look at assessing the fees and the impact to our highway system is a very good approach. The same thing really is an issue that might be considered for other industries that have heavy trucks that do the same thing. In choosing where to locate a mine, there are a lot of issues that come into play. First off, you'd have to find a location that has the material that's in demand, whether it be fill material, perc. sand, septic tanks, aggregate for highway construction, asphalt, concrete, you've got to find a place that meets regulatory requirements that are specific for the -- especially for these higher end uses. Those locations aren't really everywhere you go. They're very specific, and in a lot of areas, if you -- you may think this is a perfect location for a mine, but the material may not be there. You may not be able to get the product. COMMISSIONER MAC'KIE: So are there areas, Glenn, and Page 93 February 27, 2001 can you look at the map that they showed us before that had the brown for Estates and the white for ag. and say, in general, if you prohibited -- if you restricted or even if you prohibited mining in the Estates, what you would be doing is severely affecting the market for aggregate or the market for sand or, I mean -- MR. SIMPSON: Typically the Estates area has a -- has a real high quality sand available in a very thin layer that can be used for perc. sand. If they're in an area that doesn't have the rock very close to the surface, a lot of that material makes good fill for house pads, so as far as the material being appropriate for what it's being used for, that issue, I think, is -- is an issue that should be considered. COMMISSIONER MAC'KIE: But are you saying though, Glenn -- this is what I'm trying to get, are you saying that if we didn't allow excavation in the Estates, that there would be a shortage of a particular kind of fill material? MR. SIMPSON: Not necessarily. COMMISSIONER MAC'KIE: Okay. That's what I was trying to MR. SIMPSON: A lot of that has to do with price relations, because the larger the operation, the more overhead you have to carry -- COMMISSIONER MAC'KIE: Of course. MR. SIMPSON: -- and there is a price advantage to the smaller operations too. COMMISSIONER MAC'KIE: Uh-huh. MR. SIMPSON: But also in looking at where you'd locate the mines, you have to try to find a place where you have a minimal impact on surrounding neighbors. That forces us into the agricultural rural areas. When you're looking at the larger mine, you need, you know, larger area, but this county is no longer an unpopulated county. We have people that are living close to just about every place that is reasonable to locate a mine. Another issue is the -- the distance, the travel, because it's got to be economically feasible. The people that haul the material get paid by the mile. If you have a mine you locate out near Immokalee and they can get the material -- even if your material is cheaper than what they're selling it for in Lee County, the travel distance is closer, so if you go far enough out to where you don't have impacts on neighbors, you put yourself at an Page 94 February 27, 2001 economic disadvantage and there's no -- no financial reason to even consider doing it. So it has to be an economically feasible location. One thing that has to be considered too in this overall picture is the material that's being produced. If you produce, process or aggregate material that's going for concrete or asphalt, not only do you have to haul the material from where it is to the plant, then you haul the material from that plant to the end-user site. That really is multiplying the amount of traffic that's in the concentrated areas. CHAIRMAN CARTER: I'm going to have to ask you to wrap up, if you would, please, because you have been interrupted and you may be interrupted again, so we need to bring this to closure. MR. SIMPSON: What I'd like to recommend to the commission is that they establish a committee including knowledgeable members of the public such as the fire chief for the Golden Gate area to sit down and review the ordinance we have, the ordinance related to mining, related to the conditional use that is allowed in agricultural areas and really come back with a good recommendation, with staff, to the commission that will be a workable and reasonable approach. I suggest that part of that include the fee structure, the assessment of impact fees, also the permit fee that's assessed. COMMISSIONER MAC'KIE: And staff will do that. I mean, if we give them some direction, I think that's exactly what we're here for today, is to give some direction to staff to talk to the experts, come back, you know, and let us make some changes. COMMISSIONER COLETTA: After we hear from Bob over there, I'd like to make a motion. MR. MULHERE: Thank you. I just wanted to mention a couple of things. I really appreciate -- I know we spent a lot of time on this, really a lot of time. It just goes to show you how complicated the issue really is and how many facets there are. We didn't expect to resolve all those facets in the 30 days between when you last discussed this and when you asked us to come back and make recommendations. I resent the implication that we didn't -- and I'll take the opportunity to say that, that we didn't express any concern for environmental impacts. We fully recognized that there are environmental impacts. In fact, we Page 95 February 27, 2001 were recommending a full-blown conditional use for most of these things, with some sort of a threshold. Beyond that -- COMMISSIONER MAC'KIE: And Bob, on that point though, I've got to tell you, I'd like to see the staff reports for, say, the last few months of these to see what -- what they reference with regard to environmental issues and whether they went to the EAC and if they say -- I don't even remember the name of the particular strand that Nancy referenced. MR. MULHERE: Winchester Strand. COMMISSIONER MAC'KIE: Did we really do that? MR. MULHERE: I don't know. We would have to look into that. COMMISSIONER MAC'KIE: Well, please do. MR. MULHERE: There is a review on every one of these for environmental impacts. There may be a recommendation that there isn't any environmental impact and certainly I can take a look at those. COMMISSIONER MAC'KIE: And maybe we were wrong, because if that -- MR. MULHERE: But even if that's the case and we were wrong, we recognized that there are broader environmental impacts associated with numbers of these, and we need to look at it from a policy and global perspective, as well as an individual and piecemeal perspective. So you know, I think that's something that we were fully prepared to do. We were looking at bringing this information back to you as part of the June LDC cycle. In preparation for that, obviously we need to go out to the Golden Gate Civic Association. We need to go to the people who do this for a living. We need to go to the residents. We need to go to experts. For example, I do not think that you can jump to the conclusion that in every case, the sand pit is the -- is the reason why a well is not functioning. We're in the third year of a very, very severe drought, perhaps a hundred year drought. There may -- we need to look at the science behind these things before we jump to conclusions. COMMISSIONER HENNING: It kind of gives me the idea they're digging water, not sand, when somebody says their well's going dry because of the -- MR. MULHERE: And I think they're good issues and we need to look at those issues and that was my only point and I Page 96 February 27, 2001 apologize for probably speaking longer than I should have. COMMISSIONER COLETTA: If I may, Commissioner Henning, what it -- the reason is, is some of the smaller ones there, there's some de-watering taking place on the site, and when you draw water out of the ground and disburse it someplace else, you're going to depress the water table in that given area. That's some of the -- in this case here too, you're moving massive amounts of water from one location to another, you're changing the hydrology of the ground. How you prove it or disprove it, I don't know, but we're talking nickels and dimes and I'm sure when we get down to it and we meet with the people that own the operation, they're going to be more than willing to work with the residents there. If I may at this time, I'd like to help make a motion to direct staff. CHAIRMAN CARTER: Go ahead. COMMISSIONER COLETTA: Okay. On page eight and part of nine, we have a number of different ideas that were put forward that need further consideration. I would totally exclude the idea that we're going to exclude excavation in the Estates. I don't think that should be an option. Unless someone disagrees with me, I'll go on from there. COMMISSIONER MAC'KIE: But can I -- the only -- I'll wait because you're probably going to cover it. COMMISSIONER COLETTA: Okay. What I'd like to see on there is answers to the de-watering situation and how they're handling it. The well concerns addressed in some sort of fashion. Buffers and how they're going to be removed, at what point in time. The hours of operation being Monday through Friday. The notification to be more global than just the 300 feet that's required by law at this time. COMMISSIONER HENNING: Would you like 500 feet or -- COMMISSIONER COLETTA: Well, I'd like to leave that up to staff and also their meetings with people from the industry and residents that have concerns, and by the way, I made sure that before this meeting took place, that all the pit owners that were out in that area got notification and also the environmental groups too because I wanted everybody to be a part of this particular mix. The repairs to private roads is a very big issue. I don't think Page 97 February 27, 2001 we should ever allow a pit to be located on a private road unless they put up some sort of bond that they're going to leave the road in 100 percent better condition than they ever found it and maintain it during the whole life of the -- of the excavation. The -- a biyearly or a yearly review of each situation. In other words, if we have a smaller pit that's going in and they've got a two year life expectancy, that they come back up for review in one year to see if there's any problems. If it's a larger pit, that they come up every two years, as we established a precedence with Big Island Excavation. That we avoid multi locations on the same street. That the environmental agencies are brought into the mix so that they have a play into this thing and that we meet the environmental requirements, and I'm not too sure at what point water management comes in, but I think that they should maybe take a little more active role also and that's what I -- also too, some consideration for fencing for the bigger pits where you have the side walls that extend straight down for one heck of a distance, to make sure they don't become an attractive nuisance. COMMISSIONER MAC'KIE: Could I just add -- offer an amendment to that motion and then I'd be happy to second it? COMMISSIONER COLETTA: Go ahead. I'm open to any suggestions. COMMISSIONER MAC'KIE: Just that on the environmental side, rather than, you know, mirror compliance with environmental regulations, that we ask our staff to investigate and send through the Environmental Advisory Council, give us a broad understanding of the environmental impacts of this whole use. COMMISSIONER COLETTA: That's picking up from where I suggested and just elaborating on it a little bit more and I have no problems with it. COMMISSIONER HENNING: can address that? COMMISSIONER MAC'KIE: Don't we have some staff that Of course. That's what I'm suggesting. COMMISSIONER COLETTA.' We do, but as far as the environmental goes, if we're bringing in special interests as far as the rock -- COMMISSIONER MAC'KIE: Everybody. Page 98 February 27, 2001 COMMISSIONER COI. ETTA: -- miners themselves and other people that are going to benefit from it, then we need the special interest on the other side to balance everything out. We're the final decision makers here. COMMISSIONER MAC'KIE: And the other -- the other amendment I wanted to offer is just, and it may have already been incorporated somewhere, is that staff -- that restoration or even enhancement of a site be a requirement for an excavation permit. COMMISSIONER COLETTA: And it is already to a point, but I think they need to go into much bigger details on it as far as -- COMMISSIONER MAC'KIE: And with a significant -- with a meaningful bond that stands behind that so that we can do it if they don't. COMMISSIONER COLETTA: And also too, we have to take consideration for the very small excavation. That one that would be the property owner itself that's moving fill from one end of his lot to the other, that a minimal charge permit, just enough to cover inspections, be put in place. MR. KANT: Commissioner, I was listening very carefully, but I didn't hear you mention anything about the review of a maintenance fee versus a road impact fee. COMMISSIONER COLETTA: I appreciate that. I thought we were going to come up against that on Friday. MR. KANT: Well, we were -- we can do that, but if you were going to give direction today, as I said, it might just cut a few minutes -- COMMISSIONER COLETTA.' Consider yourself so directed. COMMISSIONER MAC'KIE: In that case, I'll second the motion. MR. MULHERE: May I just add one other item? From the pragmatic perspective, I said June. We're talking about a pretty substantial review. We really want to get it right. There is the possibility that -- because to bring it to you in June, I've got to have it to the Development Services Advisory Committee and other advisory committees in May. That gives me two months. I may or may not be able to accomplish that. I think there's a couple of alternatives. We could do this as a free-standing ordinance, and therefore, not wait until the next cycle of the LDC amendments and then incorporate it into the Page 99 February 27, 2001 LDC after you approve the free-standing ordinance if that -- if we're not ready in June, and I think I wanted to get that on the record for you so that, you know -- COMMISSIONER COLETTA: How will that affect the people that have been acting in good faith and going through the process and are maybe near completion or bringing something before the commission, will they be held by these rules at this point in time or -- MR. MULHERE: No, it would not affect them until we've completed that ordinance and until you've adopted it, unless the board wanted to enact some sort of a -- CHAIRMAN CARTER: So essentially you've incorporated everything on pages eight and nine -- COMMISSIONER COLETTA: With the exception of no excavation. CHAIRMAN CARTER: No excavation, but if you look at everything else that was there that was recommended by staff plus the other comments, plus I believe, in this, you would probably like to have a citizens committee be a part of this as was suggested, if that would be a part of -- COMMISSIONER COLETTA: I'm open to suggestions on that. It could be a committee that's formed for it or it could be something at an open meeting when staff has a meeting that they make sure that it -- MR. MULHERE: We'll make sure that it's posted and -- COMMISSIONER COLETTA.' I think that would suffice rather than trying to put the formality of a committee together. COMMISSIONER MAC'KIE: And the lady who was here before who had that problem, solution -- COMMISSIONER COLETTA.' Millie Ball. COMMISSIONER MAC'KIE: I hope that could be incorporated into the whole discussion, and frankly, if we miss something on our -- her list of problems and solutions was so thorough, I almost want to incorporate it into the motion. COMMISSIONER COLETTA: Exactly. I think so. That's basically what I was picking up off the last time was her -- incorporating her ideas into my proposal, and go back to it, look at her recommendations and see where they also apply, and any other suggestions that came out of this meeting when you go through the minutes that seem like they might have some Page100 February 27, 2001 bearing upon the final result. Let's not eliminate anything from the mix. MR. OLLIFF: I'm a little uncomfortable when the motion starts getting that fuzzy. I think you're -- COMMISSIONER COLETTA: We'll stop just short of Cuba. MR. OLLIFF: There's a list of things here and I think Susan's been making notes specifically about what you've been indicating that you want in the motion. Because this -- the motion got a little long. For me, I think maybe the best thing to do is we'll have our staff prepare a summary of what we think this direction and the motion was after we review the tape. We'll provide that to you to make sure that that's the direction that you want us to go in, so that when we go through all these advisory board steps, we don't want to be missing a bunch of things that the board thought was going to be in that amendment that aren't, so we want to make sure that we're taking the right package -- CHAIRMAN CARTER: I would concur, Tom, we get that in and then it can be circulated to the commissioners. Each person -- each commissioner can make comments on that. Then we'll make sure it's all inclusive. So we have a motion and we have a second. Any further discussion? Seeing none, all in favor, signify by saying aye. Opposed by the same sign? (No response.) CHAIRMAN CARTER: Motion carries. We will be in recess until 1:30. (Recess taken.) Item #8B1 BOARD DIRECTION TO ESTABLISH A PROPOSED LIVINGSTON ROAD BEAUTIFICATION MSTU- APPROVED CHAIRMAN CARTER: We are back in session, please. We are now moving to item number -- COMMISSIONER MAC'KIE: I don't know the number, but it's Livingston Road. CHAIRMAN CARTER: Livingston Road. COMMISSIONER HENNING: We have Coastal Engineering Page 101 February 27, 2001 after -- COMMISSIONER MAC'KIE: No, Livingston Road beautification. CHAIRMAN CARTER: 8(B)1, staff presentation, which was 16(B)A. COMMISSIONER MAC'KIE: Pulled off the consent form. MR. KANT: Good afternoon, commissioners. Edward Kant, Transportation Services -- excuse me, Traffic Operations Director. Old habits die hard. This is a request to establish a proposed Livingston Road beautification MSTU. If you remember back in December, there was a public petition from Mr. Dorrill, who represented a number of property owners along that corridor, requesting that the staff be given direction to work with him to determine whether or not an MSTU was a viable way of approaching the beautification of that corridor. Since that time, staff has been meeting with Mr. Dorrill and with some of the interested parties, and we believe that it is, indeed, a viable way of approaching it. There are some issues that will have to be resolved such as determinin9 the limits of the MSTU boundary, what type of participation formula, a desired level of landscaping versus what would be a county minimum level of landscaping. COMMI$$1OHER MAC'KIE: Sounds like the typical issues for an MSTU -- MR. KANT: To determine the amount of county contribution versus the MSTU contribution. I understand Mr. Dorrill's here and -- or was here. COMMISSIONER MAC'KIE: He's here. MR. KANT: And I don't know if he wanted to address the board or not, but we -- we were looking for direction to continue to work with the owners and to establish the MSTU COMMISSIONER MAC'KIE: Why did this come off consent? Is somebody registered to speak? MR. KANT: I don't know. I was told that it came off consent. I pulled it and here I am. COMMISSIONER FIALA: Somebody called and registered to speak on this subject, I believe. COMMISSIONER MAC'KIE: Excuse me, Mr. McNees, Mr. Conroy, did somebody register to speak on this item? Page102 February 27, 2001 CHAIRMAN CARTER: Yes, Mr. Dorrill. COMMISSIONER MAC'KIE.' There you go. Sorry. Sorry. MR. DORRILL: Good afternoon, commissioners. For your record, my name is Neil Dorrill. We -- we, and the we in this case, again, there are two groups that are very interested in the beautification of this project. I'm here today on behalf of both the Livingston Road Beautification Association and also the Collier Naplescape group, who combined, in their two separate groups, who combined are trying to develop plans and a district that would landscape and beautify both the sides and median for the entire ten mile stretch of Livingston Road, from Radio Road north all the way to the Lee/Collier County line. I want to thank both Mr. Feder and also Mr. Kant who have been very helpful in addition to planning and involved in many transportation items of late, but they have given this the attention that it deserves and I have been asked to thank you on behalf of the support that we have had thus far. The reason that I asked, very quickly, for it to be pulled off the consent agenda today was to ask you if you would consider modifying or expanding on one area of the recommendation that they have asked you for. You may recall that one of the groups, the Livingston Road Beautification Group, has already paid for concept plans for what is the second segment, and that segment goes from Golden Gate Parkway north all the way to Pine Ridge Road. Originally what started this item was an agenda item that was sponsored by the county manager on November the 20th and he asked you, as part of the authorization that day, to be allowed to hire a landscape architect to prepare a concept plan for the entire corridor, and we feel, because the private sector has already paid for a concept plan for the middle segment of this project, that it would, frankly, not be very good use of -- of your money, which is coming from the 111 fund, to recreate something that we are more than willing to give to you and have our consultants coordinate to prepare then the construction plans, and so long as that is done in accordance with your streetscape -- MR. KANT: Excuse me, Mr. Dorrill? MR. DORRILL: -- master plan, that's one of the elements that Page 103 February 27, 2001 MR. KANT: Excuse me for interrupting. I just want to get something clear on the record. The request that was made in November was for us to go to construction plans with the use of the concept plans that had been developed by both of those two groups. COMMISSIONER MAC'KIE: Thank you, because I was just gonna say, if that isn't what we did, I know that's what I intended to-- MR. DORRILL: It wasn't clear in the staff recommendation and that's why I just wanted -- if that was your intent, I want you to tell them that today because you, also on the agenda today, will award annual contracts for landscape architects who provide sort of task-oriented services throughout the course of the year, and we just -- we will give you the plans that we have. We want them to be done in accordance with your streetscape master plan requirements. I will tell you they have been. We're using xeric type of native Florida plants and plantings and a local landscape architect who has prepared that. The only other thing that I wanted to tell you today, your road civil engineer has just submitted, I believe, the 90 percent design drawings for the six laning for this same segment of road, from Golden Gate Parkway to Pine Ridge, and it appears that there is a very large irrigation force main that is running down the median of the road and a very large water -- a potable water main that is now running down the right side of the right of way. Unless there are some modifications to those, and you can confirm your intent today, we will not be able to plant anything in the median or the right hand or the east side of the road because you've got huge irrigation and potable water mains, and so if -- if your intent is to try and see this whole corridor landscaped, we would like for you to confirm that and at least ask the staff to evaluate, not necessarily through transportation, but their counterparts at utilities, the relocation of those two mains as part of the design submittal to -- COMMISSIONER MAC'KIE: So it sounds maybe, Mr. McNees, that the right hand and left hand need to coordinate, because I think our direction was real clear the first time? CHAIRMAN CARTER: I think it was too, but Mr. Feder, do you want to comment on that, please? MR. MCNEES: Yeah, I think we probably understand your Page 104 February 27, 2001 direction and the right hand and left hand are probably already fairly well coordinated. I'll let Mr. Feder respond. COMMISSIONER MAC'KIE: Well, but if, in fact, they're -- MR. FEDER-- I can assure you that we're going to look at it and that's our intent, to address it, as I told Mr. Dorrill, if we haven't already. Just a point of clarification, and we're fine with what is being requested by Mr. Dorrill, but what we came to you with in November was an understanding that while we had these concept plans out there, that the county had to look at what it would do on landscaping with anything above that being done by an MSTBU. COMMISSIONER MAC'KIE: Right. MR. FEDER: Shortly after that, they came with a request to formulate the MSTBU. We have not yet hired that engineer, and so if, in fact, they want to address the full corridor on a design at the outset paid for out of the MSTBU, we have no objection to that. COMMISSIONER MAC'KIE: That would make some sense. MR. DORRILL: You may still need to do some concept plans for the northern piece in and up to Mediterra and the southern piece that runs across the main Golden Gate canal down to Radio Road. So I'm not here today arguing against concept plans because we've already paid for the one in the middle piece, but if you'll just confirm your intent, and I will thank you again for the hard work of your staff in this regard. CHAIRMAN CARTER: Well, my direction would be, and see if the board concurs, I want a -- I don't want to say a consolidation, but I want to make sure that all concept plans are in -- in unison here. Are we all working together? Are we all on the same page? I don't want to see one piece over here and one piece over here. I want them all to work in sync. It should really be seamless down that corridor, regardless of who the players are, so that we all know where we're going to go, how we're going to do it and who's paying for what. MR. KANT: My understanding, Mr. Chairman, is that there is a total of 11.6 miles to that corridor from Radio Road to the Lee County line. It's your intent that we have the entire corridor landscaped, that we worked with Mr. Dorrill and his groups to look at the formation of an MSTBU. Page 105 February 27, 2001 What is unclear is whether or not it is your intent to have them take over, as it were, and -- and provide these plans and whether or not the county is going to have some base level of landscaping over and above which would be the responsibility of the MSTU. That is an issue that we would like a little further direction on. COMMISSIONER MAC'KIE: Do we have -- this is currently -- don't we have something, the gateway corridor master plan? MR. KANT: In the streetscape master plan, the intersection of Livingston Road near the county line is identified as a gateway and the rest of that is identified as an urban -- urban residential area. That has a concept in it. There was a concept that was done by a landscape architect for, in general, the rest of that corridor. I believe that the concept plans that the -- that Mr. Dorrill referred to from Radio Road to -- I'm sorry, from Golden Gate Parkway to Pine Ridge Road are in a little more detail and more easily adaptable to construction plans, and we just want to make sure that we -- what we have is two separate concept plans done by two different landscape architects. We were trying -- staff was trying to get ahead of the curve here by going straight to construction plans and incorporating these concept plans. We just want to make sure that we -- CHAIRMAN CARTER: I mean, what does it take to integrate the plans? MR. KANT: The issue, as Mr. Dorrill pointed out, was he wanted to see that -- and I believe you pointed out that you want to see that there were no gaps and there were no inconsistencies and our concern is that you do mean to have the entire 11.6 miles included in this, and then there's the issue of .funding, if the MSTBU is to fund the entire project or if there is some base level for which the county would be responsible. COMMISSIONER MAC'KIE: My question on that point is, as we approve road construction projects every day, what base level of-- MR. KANT: We were going to bring that up on Friday. COMMISSIONER MAC'KIE: Okay. Because we -- see, we can't answer that question until we establish, what do we pay -- what do you get for a general tax dollar as far as something green when you build a road. Whatever that is established to be, then that's what happens on Livingston and the MSTU is for Page 106 February 27, 2001 enhancement. I mean, isn't that the common sense approach? MR. FEDER: For the record, Norman Feder, Transportation Administrator. By all means, Commissioner, I agree fully and as Ed pointed out, we're coming to you Friday. I have four active construction jobs right now, projects underway in the county, and the answer to the question is irrigation and grass in the median, which I don't believe is what the community wants. That's why we're going to come back to you Friday to address how we respond to those issues. COMMISSIONER MAC'KIE: So I guess we'll know the answer to Mr. Dorrill's question about how much does the county pay versus how much does the MSTBU after we set that policy on what you get for your general tax dollar on a road in Collier County. MR. KANT: Just as an aside, because of the issue that was raised by Mr. Dorrill earlier, I just talked with the project manager and I understand that that issue of the conflict has been recognized and is being resolved even as we speak. COMMISSIONER MAC'KIE: So under this -- COMMISSIONER HENNING: So we can just go ahead and move forward and approve it. COMMISSIONER FIALA: Just one fast question. You said two different landscape architects designed the concepts that -- MR. KANT: My understanding is that Mr. Leiber (phonetic) and Mr. McGee, in a joint effort, did the section from Golden Gate Parkway to Pine Ridge Road and that Mr. Botner (phonetic), when he was still in town, had done the balance of a plan for the Naplescape folks. COMMISSIONER FIALA: My question just was, is there continuity to it? And I see Mike back there now. Do you feel, Mike, that it flows? MR. KANT: We have only seen the concept plan that Mr. Botner had at a very early stage. I have not yet seen anything from Mr. Leiber, but I might point out also, this morning as part of the consent agenda, you approved the annual contract for landscape architects and both Mr. Leiber and Mr. McGee are on that list, so -- COMMISSIONER MAC'KIE: So they will fix it as -- MR. KANT: -- we certainly will have a continuing dialogue with them on it. Page107 February 27, 2001 COMMISSIONER MAC'KIE: And this item 16 something was on the agenda for the purpose of approving -- CHAIRMAN CARTER: Approving. MR. KANT: To give us a direction to go forward with the MSTU and to come back to you at some point in the future with our recommendation for the boundaries and for the plans and the costs and all those things associated -- COMMISSIONER MAC'KIE: Move approval. COMMISSIONER HENNING: Second. CHAIRMAN CARTER: Okay. We have a motion to approve by Commissioner Mac'Kie, second by Commissioner Henning. All in favor, signify by saying aye. Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries 5-0. MR. KANT.' Thank you, commissioners. Item #8C1 REQUEST TO TERMINATE COASTAL ENGINEERING FROM REMAINING CONTRACTS WITH COLLIER COUNTY AND APPROVE RETENTION OF REPLACEMENT ENGINEERS TO FINISH PROJECTS WHEN AND AS NECESSARY - STAFF RECOMMENDATION APPROVED CHAIRMAN CARTER: Thank you. That takes us to 8 C, public utilities. Number one, request to terminate Coastal Engineering from remaining contracts with Collier County. COMMISSIONER HENNING: I just have one question and I'm ready to make a motion, Mr. Chairman, if you don't mind. MR. MCNEES: And you have a couple speakers on this item as well. COMMISSIONER HENNING: Oh, okay. Then I'm ready to go forward with this hearing. MR. MUDD: The request is to terminate Coastal Engineering from remaining contracts. We -- it's very difficult knowing that we have a -- we have a suit against Coastal Engineering for the rocks on the beach that they were in partnership with T.L. James from Homer, Louisiana. It's -- the staff has problems talking to them because you've Page108 February 27, 2001 got to go through a legal side because of that process. We thought, as a staff, that it would be -- it would be to our benefit, the county's benefit that we try to terminate and negotiate a settlement in the process. So far, that settlement has not been reached. That's the reason why we're here for termination. This will be a termination for convenience, for the county's convenience, and -- in all items except for the rocks on the beach, and that's basically termination for cause at that juncture. Our staff's recommendation is that we terminate the process, and if you look at funds outstanding in the contract, it's -- purchase orders that are still open are $134,888. CHAIRMAN CARTER: Do we have a motion? COMMISSIONER MAC'KIE: The speakers. COMMISSIONER HENNING.' We have a couple speakers. CHAIRMAN CARTER: We need to go to public speakers. MR. MCNEES: Your first is Michael Stephen, followed by Michael Poff. COMMISSIONER MAC'KIE: As Dr. Stephen is coming up, a question for staff. Are all of the contracts that we currently have with Coastal, are they all related to beaches or are some of them for road building or for -- I don't have any idea what else they might be? What is the subject matter, if you don't mind? MR. MUDD: The subject matter on this one is everything that has to do with beach renourishment and that process in Collier County. The other work that they might be subcontracted to do in county is not affected by it. COMMISSIONER MAC'KIE: That's what I wanted to be sure about because just because we are arguing over a beach question doesn't mean that we think they don't know anything about -- know nothing about nothing. MR. STEPHEN: Good afternoon. My name's Michael Stephen. I'm the president of Coastal Engineering and it's been my privilege to have been before you here probably hundreds of times over the last 22 years, and both my company and I have personally accomplished well over -- well, thousands of projects, jobs of different types, different varieties in different coastal areas in particular over the years, and we're in a business relationship with you, with the citizens of Collier County, in effect, and we've been very successful on dozens of ma]or projects, both beach and otherwise, but including beach, Marco Page 109 February 27, 2001 Island, Caxambas Pass, Wiggins Pass, that really don't have anything to do with the beach renourishment project that's in question. As can occur in any business endeavor or project, you know, we do have an issue with -- with the county or you have one with us, I suppose. One aspect of one facet of a multi-faceted project where we were not, by the way, in partnership with T.L. James. We are a separate entity from that group, where we may be in disagreement, because that has yet to -- to fully be sorted out. The point is that we've always acted cooperatively and timely to address the issues. We've maintained very good working relationships with the staff, even throughout the -- at least the technical staff, throughout the process of the -- the last year or so, whatever the litigation's been affected, and so I'm not really aware of -- and can't really address any difficulties in the legal parameters, but I -- but I haven't found that to be an issue in -- in being able to answer and address problems that have arisen. So, you know, we hope to resolve the issue fairly quickly and perhaps even in the next 60 days or so. As I would, in any other similar scenario, I'd like to deal appropriately and positively with the issue at hand and in the manner that is the least impact and the least cost to everybody. As I understood it, the outside counsel did not suggest curtailment of our projects last year. If he did, at least the board didn't take any action in that regard when we went ahead to reach a joint resolution through the mediation process. Thus, you know, I come from a simple point where two parties are working to resolve a project component and that does not require or benefit from curtailment of other non-related projects or other things that have gone on well in the past, nor does our constituency, yours and mine, the taxpayers, win anything if the projects are overturned or turned over that are near completion because of the body of knowledge that's involved in some -- in merely closing some of these projects. I guess there's no reason to impact these unrelated projects unless -- I suggest some patience, suspend action on the beach contract if you must, but really, if we can suspend action for the next 60 or 90 days, we may see some crystallization and finalization of the whole process, at least as far as we're concerned, and that's what we would hope. So I -- I appreciate Page 110 February 27, 2001 the ability to -- to address you this afternoon and thank you very much. COMMISSIONER MAC'KIE: Michael, before you leave, if I could just say, I think you guys have taken more than your share of hits for a great amount of this work that -- I may well be the instigator of this discussion today because of the last -- the last time, the bags of sand are still back here, where we had to make a choice about more course or less course grains of sand and I found myself in the uncomfortable position of having to ask a Coastal Engineering engineer, is this -- does this sand meet specs or not, and that's the subject of our litigation and -- and it was that, frankly, that sent me over the edge that I can't -- don't -- how can I -- it was actually the fifth anniversary of the advice to bury the rocks was the day that I had to make the vote on -- on the grain size of the sand and that -- I don't know if we've gone farther than the beaches -- than the beach contracts, because I don't intend to go farther than beach contracts, but that -- that's just an untenable position to be in and I hope that you can understand that my bringing it up is not -- and I want to say publicly, it's not a response to anybody else's urging or somebody -- you know, because there's a lot of radical people out here with a lot of radical ideas that I don't share, but that was the place where it was -- the real world came right home to me and I felt like I had to bring it back up as a result of that, and I'm hopeful that the contracts -- and that's why I asked Mr. Mudd the question, I'm hopeful that the contracts that are under discussion today relate to beaches and not everything Coastal Engineering has ever done in Collier County because you've done a lot of wonderful work in Collier County. MR. STEPHEN: Well, they relate to inlets as well as beaches. COMMISSIONER MAC'KIE: Okay. Thank you. MR. MCNEES: The next speaker's Michael Poff, and your final -- CHAIRMAN CARTER: While he's coming up, Commissioner, remember, four other commissioners joined with you in that decision and, you know, it was a unanimous vote by the board that we had to do what we had to do under the circumstances, SO-- COMMISSIONER MAC'KIE: And I guess today's when we Page 111 February 27, 2001 make that final call. CHAIRMAN CARTER: And that's the day when you make the final call. MR. POFF: Good afternoon, commissioners. For the record, my name is Michael Poff. I'm the vice-president of engineering of Coastal Engineering Consultants. As this is my first time before our new commission, I would like to welcome and congratulate our three new commissioners. As you are aware, we are in a contract dispute over the beach project. I will try not to repeat things that Dr. Stephen has already presented to you, other than we are working cooperatively with your staff to reach a resolution to this in a very timely fashion. Regardless of the outcome today, we will continue to work in that positive fashion with you. As you're also aware, Coastal provides services for a lot of other projects, and I guess I need maybe some clarification as to which projects are looking to be terminated. You've said that you minimized it to the beach projects. Well, does that count for a survey on our annual survey contract that's an interior canal? I've been told that that's what is also being terminated today. Does it account for the Wiggins Pass dredging project? That's an inlet dredging project. I've been told that that's being terminated today, or recommended to you to be terminated. So some clarification, I believe, is necessary, because our track record on these projects is exemplary. We've provided services to Collier County since 1985 on the Marco Island beach project. That project has garnered awards for the county and for our firm. All the projects that we were charged with on that project were permitted and constructed in timely and cost-effective manners. For Wiggins Pass, we've been working with the county on a variety of Wiggins Pass dredging projects since 1984. We're currently in the fourth year of a six year contract for Wiggins Pass. Dr. Carter, you and I personally sat on the Milestone Committee working with the Estuary Conservation Association and county staff, we overcame every permit hurdle that there was. We acquired new permits, and the expanded project was completed last year. I defy anyone to say that we did not act in the county's best interest on that project. That success is testimony to that. Page 112 February 27, 2001 As the day-to-day manager of these projects, I'm in constant communication with your staff. The issue of communication is not an issue. They call me all the time. They call me directly. It's not through legal counsel. It is only on the beach project and the sensitivity to the lawsuit where communication is an issue, not the Wiggins Pass project, not the Marco, not the Caxambas, not the annual survey contract, et cetera, et cetera, et cetera. There are no communication issues on those projects. Our record speaks for itself on Wiggins and Marco and these other projects. It is one of success and cooperation. We are acting and we will continue to act in the county's best interest on these projects. I ask for your objective review of our contracts not related to the beach contract, the Collier County beach contract, and I thank you for your valuable time and will answer any questions that I can. COMMISSIONER MAC'KIE: I guess I'd like to see a list of the contracts that are the subject of this a hundred and -- MR. MCNEES: I would direct you to page three of the executive summary of this item. There is actually a list of the open purchase orders. COMMISSIONER MAC'KIE: I'm sorry. Expert testimony. What is Collier County versus Bendott? What is that? MR. MOUNTFORD: If I may, William Mountford. It's my understanding that that was done through the public works department and it has something to do with -- it's not beach related. It has to do with expert testimony in either storm water or -- or some taking of land. I -- I don't -- COMMISSIONER MAC'KIE: See, they have so many divisions within Coastal Engineering that if it's not related to beaches, I don't think we have to be punitive here. I want to cut the beach contract. So let's just go down them, if the board doesn't mind, and -- CHAIRMAN CARTER: Go ahead. COMMISSIONER HENNING: I have a question for Mr. Mudd. MR. WEIGEL'. Miss Mac'Kie? Excuse me. I'd like to make a comment here before you go through them line item, and that is, you know, we're in multi-million dollar litigation in regard to the beach rocks contract here and I think the executive summary is -- is fairly express in regard to what it purports to do. Yes, we do have, in fact, a technical/legal issue in dealing with Coastal in Page 113 February 27, 2001 regard to the matters we're specifically in litigation. I will say that we attempted to negotiate a termination, a settlement, without coming to termination for convenience. Termination for convenience doesn't cast a pall on the provider of service. It is nothing more than a -- kind of a colorblind termination, but as we go forward toward mediation, which is what Mr. Stephen alluded to, as we go forward to potential trial, trial by jury, the fact that we have kept a contractor or a consultant on for other work with the county may very well play a part in the strategy that the counsel have to deal with in court before the judge and before the jury, so -- COMMISSIONER MAC'KIE: So David, if that's the case though, no offense, but where have you been for a year? If that is such a problem, why are we talking about this -- how long has that litigation been filed? MR. WEIGEL: It was filed in June of last year. COMMISSIONER MAC'KIE: So -- okay. Six months. You know-- I don't -- I guess there's no point. MR. WEIGEL: Well, I can tell you a couple of these things were entered into even subsequent to the litigation as far as that goes, but it has been determined, and with the urging of this board, that we were to terminate and we believe that -- and incidentally, these contracts, most of them, are -- you can see, there's not much outstanding, to a great degree, for what were significant contracts. COMMISSIONER MAC'KIE: I guess if you -- you attempted to negotiate with Coastal a settlement. I would assume that one of the terms that you offered, and one of the suggestions I would make to fellow board members with your advice would be, if we terminated merely the contracts that relate to beach issues, would Coastal consent not to sue us on the balance of the contracts for which we're -- I'm sorry, that doesn't work, does it? MR. WEIGEL: I'm not so concerned about them suing us. I mean, I'm always concerned about lawsuits, but under the contract we have contracted for and they have too, are a right and ability to terminate for convenience, but we were unable to settle and determine with them, in the litigation in chief that we have right now, that absolutely our continued use of them, even on other projects, wouldn't be an item that they would consider in their strategy and application to court, and we hoped that we Page 114 February 27, 2001 wouldn't have that. COMMISSIONER MAC'KIE: I understand that. MR. WEIGEL: We weren't able to negotiate that away. We don't know if they will do it, but it's still in their armory, so to speak. COMMISSIONER MAC'KIE: So David, when you were seeking to negotiate something with Coastal, what was it you were seeking from them? MR. MUDD: We were trying to bring the contracts to a -- a point in time where they could be packaged and transferred and make that an amiable solution to this termination process on everything that's there. COMMISSIONER MAC'KIE: And you got nowhere on that or what? MR. MUDD: We got nowhere on that, and one of the things that was sent to Coastal, and Mr. Mountford gave it to me just a second ago, it's neither Collier County nor Coastal Engineering will raise the withdrawal and/or completion of the four contracts as either an admission or non-admission or inference or presumption of liability or damages or raise the fact that Coastal Engineering was not terminated earlier as evidence in the pending litigation, case number, la ti da. COMMISSIONER MAC'KIE: And they would not agree to that? MR. MUDD: No, ma'am. MR. MOUNTFORD: That's correct, Commissioner. MR. MUDD: And so what you have before you are the -- are the balance that beach renourishment has that now falls under public utilities in the contract. COMMISSIONER MAC'KIE: That's the big one? That's the one twenty-one? MR. MUDD: The 143,000, I think that's what's in there -- 143,888. COMMISSIONER MAC'KIE: Well, our page says $198,000. MR. MUDD: It's been updated, I'm sorry. CHAIRMAN CARTER: Total, but if you're referring to beach restoration and management, that's 121,785. MR. MUDD: Yeah, and it's been updated since that time period. I've got a two twenty-two on that. The expert testimony, the -- the amount remains the same as on your sheet of paper. The 1,500, second item remains the same. The 3,000 third Page 115 February 27, 2001 element remains the same. The Wiggins Pass inlet management plan dropped from $59,596 because we had some invoices and it's now $48,504. The beach restoration and management plan on your sheet says $121,785, and because of outstanding bills, it's now down to $70,637, and the annual .monitoring service on your sheet says $1,676, and it's now down to $312 because of invoices that we've received since the time that we sent this before you, and I'm sorry for that. I should have had -- COMMISSIONER MAC'KIE.' No, I appreciate it, and as we were discussing that item with regard to the litigation, Dr. Stephen popped up. Maybe he's coming here to tell us they would agree to that. MR. WEIGEL: Okay. He's speaking without his counsel, but COMMISSIONER MAC'KIE: Oh, without his counsel. Is your lawyer here, Michael? MR. STEPHEN: No. MR. WEIGEL: I mean, he can speak, but we just need to know that we have a litigation aspect. CHAIRMAN CARTER: He's speaking without counsel, and therefore, it could be reversed at a future date? MR. WEIGEL: No. COMMISSIONER MAC'KIE: No, he can bind his company. MR. STEPHEN: Michael Stephen, for the record. The -- I just wanted to comment, I think the -- the issue that they're conversing about is a legal issue. My only comment was that in this particular instance, we received, and I don't know whether -- when our counsel received it, but we received a fax from your attorney's office on either Thursday or Friday with a -- with a request for response by like the following Monday. It happened to be the Monday that the county was closed for one of the holidays, and my attorney said, when we -- we called them about it and said we don't understand -- I don't understand the rush. Basically we just failed to respond, and about a week or so after that, we got a letter that said, based on your response, we assume you don't want to do it, and that's fine. We just -- it was unusual and didn't seem to follow any kind of protocol in terms of the time frames that we were already dealing with and we've been working in a positive vain, setting up the mediation, so I don't want to comment on the -- on the legal aspects, but I just Page 116 February 27, 2001 didn't want us to seem particularly non-responsive in an unusual circumstance. Thank you. That's all I really-- COMMISSIONER MAC'KIE: Maybe if you were willing to suspend invoicing us for two weeks, we could freeze the numbers where they are and give your lawyers two weeks to tell us whether or not they would agree to that request. MR. STEPHEN: We'd be happy -- in fact, we've already done that. I mean, when we were notified of the suspension of the projects, we've suspended activities and billing on the projects. We're -- COMMISSIONER MAC'KIE: Wouldn't that be really valuable, Mr. Weigel, to have that agreement with -- MR. STEPHEN: That's what I said. We're only 60 days from mediation anyway, so -- CHAIRMAN CARTER: I'd like to hear from the county attorney. MR. WEIGEL: Well, that's exactly it. These projects are winding down. There is a cost -- and we look to our client, not just in litigation, but our client, the board and the taxpayers, what do we do if we chop this off and have to go out and bring someone else in who hasn't ground truth all the previous work, and this was part of what we had to deal with and it's very significant. I will say though then that, notwithstanding that there was a Monday that was a holiday, our outside counsel doesn't observe that Monday government holiday and that's who you'd be looking to communicate with, so if their assumptions -- okay. It wasn't an issue, as my assistant said. COMMISSIONER MAC'KIE: This is -- my bottom line is, I don't want to have a contract with Coastal on the matter over which we sued them and the beach issue. I don't want to. I haven't wanted to ever since the issue arose, much less ever since we filed the litigation, but if they're willing to agree that our failure to fire them early will not be used against us in the lawsuit, then I'd be willing to talk about leaving the other contracts open. CHAIRMAN CARTER: Well-- MR. MUDD'. One last piece before you make a decision on this one, the beach restoration and management plan that's in front of you, I'm about ready to put 50,000 cubic yards of sand on Page 117 February 27, 2001 the beach and I've got to have somebody out there managing that process. COMMISSIONER MAC'KIE.' Somebody else has to do that job, that MR. MUDD: And all I'm saying is, if you have a continuance, two weeks will kill me. COMMISSIONER MAC'KIE'- No, I'm suggesting that we would take action on that one and continue the non-beach contracts to see if we could make that trade. CHAIRMAN CARTER: And I am going to respectfully suggest, Commissioner, that in negotiations and when it gets to a jury, you can say anything you want to say here, the perception of a jury will be, in my judgment, if you -- and I could make this argument, if you continue contracts with this organization related to the beaches, as these are, then you must have confidence in them and that will weaken our position in the negotiations, in my judgment. COMMISSIONER MAC'KIE: Well, what is the annual land surveying work order? How is that related to the beach? MR. MUDD: I -- COMMISSIONER MAC'KIE: It's not. CHAIRMAN CARTER: That's the 1,500 one. COMMISSIONER MAC'KIE: I'm just saying I don't want to be mean about this. I just want to cut off the beach work. MR. MCNEES: You do have one more speaker, if you'd like to hear from him now. CHAIRMAN CARTER: Yes. MR. MCNEES: That would be Dave Weston. MR. WESTON: For the record, my name is Dave Weston, 4754 First Avenue Southwest. Chairman and board members, my name is Dave Weston. I am the chief financial officer for Coastal Engineering Consultants. I represent 50 Collier County families. We have provided many other professional services that we've been talking about, such as survey and civil engineering for the citizens of Collier County for over 24 years here in Collier County with a reputation of honesty, integrity and quality services. I am proud to have been a part of that good work for Coastal for 16 of those 24 years. The resolution of this singular contractual matter was correctly directed to mediation and out of the political football Page 118 February 27, 2001 field. In my opinion, flawed newspaper reporting filled with innuendo and political agendas had overshadowed any of the facts and really were obscuring the issue. My colleagues and I are here before you today because of a question raised by one of you with respect to why we continue to be used for the services on the very job for which this investigation and contract resolution is being undertaken. Like a tall tale that's whispered around a room, by the time it got to the other side, somehow this issue had mushroomed to a point where now it includes several other unrelated services like surveying for a bridge improvement in North Naples and other contracts and services that are beyond reproach and unrelated to the initial point. One must ask why. What is the intent of the proposed action? And legal counsel has given some. And is it a legal tactic to bring Coastal to the negotiating table? Certainly not. We're here and we will never leave. I'm raising my family in this town. Is it to try and bully us to settle, because you know, gosh, we're under such financial duress? I know the character of the board, the manager and legal counsel better than that. We go to little league and everything together. I know that that's not it. So then what could be the reason? Why sweep all of the unrelated services and products in with a single issue? The newspapers glossed over the fact that Coastal Engineering did the design and permitting of the beach restoration and not the actual construction. An independent contractor did the construction under a direct contract with the county and we've been working with the county staff to try and help them resolve the problem to the best for the citizens of Collier County. You and I know that there's a silent majority of the citizenry of Collier County that are aware that the beaches are great. There's a small area that had a problem. The cost of even restoring these beaches to their pristine state, even with the cleanup, is millions of dollars less than the next closest construction bid. So if the taxpayers' interest is at the root of our action, I submit to you that you've done a fine job and so has the county staff. Even if you have the right to summarily blackball us from contracts with the county, I would submit to you that that doesn't make it the right thing to do. It's not just and it's not in the taxpayers' best interest. I don't believe that legal tactics, Page 119 February 27, 2001 maneuvering, escalated financial pressure leading into mediation contribute to good faith efforts at contract and dispute resolution. I think that we should isolate this issue for what it is, let it go through the mediation process, and I thank you for the opportunity to give my thoughts on record. CHAIRMAN CARTER: Thank you. MR. MCNEES: No more speakers. CHAIRMAN CARTER: No more speakers? COMMISSIONER MAC'KIE: I'm going to make a motion that we terminate the beach restoration and management plan contract for cause, and that we suspend the balance of the contracts on this list pending inquiry of Coastal Engineering's legal counsel about the -- the matter that Mr. Weigel read, and I'd ask him to read again. Would you, please? MR. WEIGEL: The matter that I read? COMMISSIONER MAC'KIE: You read the proposed language that was faxed to their office on the Thursday before the Monday that we were closed. MR. MOUNTFORD: Are you requesting that it be read into the record again? COMMISSIONER MAC'KIE: Please. I just want to hear it again. MR. MOUNTFORD: As part of my letter of February 6th, 2001 sent to counsel for Coastal, one of the paragraphs that I proposed was this, neither Collier County nor Coastal Engineering will raise the withdrawal and/or completion of the four contracts as either an admission or non-admission or inference or presumption of liability or damages or raise the fact that Coastal Engineering was not terminated earlier as evidence in the pending litigation, and giving the docket number being case 00-1901-CA-TB, which is Coastal -- which is Board of County Commissioners versus -- COMMISSIONER MAC'KIE: And is there any other contract on this list that relates to beaches besides the beach restoration and management plan for $70,637? I understand that they're paid from funds that are tourist development related funds that come out of the beach, but I'm talking about, which of these are sand? COMMISSIONER HENNING: Annual monitoring service. Page 120 February 27, 2001 COMMISSIONER MAC'KIE: What is that one? MR. MUDD.' The -- based on the list that I have, the Caxambas Pass inlet management plan basic services have been completed, the purchase order has been closed. COMMISSIONER MAC'KIE: We don't have that one on our-- MR. MUDD: I understand that. Because there's no monetary value on there, okay, but terminate agreement. That has to do with beach. COMMISSIONER MAC'KIE: Okay. MR. MUDD: Marco Island beach renourishment, okay, services authorized to date have been completed. Close out purchase order, terminate agreement, prepare an RFP for future services, okay. That's not on your list, but when I go out for an RFP, that means if we terminate -- COMMISSIONER MAC'KIE: So I want those two contracts in the list that I'm proposing we terminate today. MR. MUDD.' Wiggins Pass inlet management. The status, Wild Turkey Bay management dredging and inlet management plan channel dredging has been completed. Remaining services include annual monitoring surveys and preparation of plans and specifications for the next main channel maintenance dredging scheduled for FY/02. COMMISSIONER MAC'KIE: That's not a sand issue though. MR. MUDD: When we dredge, in these particular issues, we put that dredging material on the beach. COMMISSIONER MAC'KIE: Okay. MR. MUDD: The balance remaining on the purchase order is that $48,504. Staff's recommendation, terminate agreement, close out the purchase order, prepare an RFP for continuing services, because we're going to need those continuing services if we're going to get ready for the next event. Collier County beach restoration status. Remaining authorized services to be completed include construction administrative services for incremental beach maintenance and management plan, coordinations of permits for Naples beachwood growing restoration and amendment number one, identification of a new offshore sand source. The balance remaining on the purchase order is $70,637. The recommendation complete is to basically terminate the agreement and prepare an RFP and we're going to use an Page 121 February 27, 2001 indefinite delivery, indefinite quantity AE service that we have on continual contract to go out there and do the construction. In this particular case, we have to go out with an RFP to get another firm to -- to basically fall in on the Collier County beach restoration project. COMMISSIONER MAC'KIE: Mr. Mudd, have I just failed to do my homework or is that not in my packet? I mean -- MR. MUDD: No, that's in your packet, ma'am. That's that beach restoration and management plan. COMMISSIONER MAC'KIE: No, that list you just read about RFP, go out -- you read things that aren't in my list. MR. MUDD.' Yes, ma'am, but what we tried to give you was a list of those continuing contract with dollars outstanding when we did the termination. COMMISSIONER MAC'KIE: And I appreciate that you're trying to help me now and I may not even have support for this motion, but I'm determined to make it, that it is my goal to terminate all contracts related to beaches and sand. If you could tell me what those are, and then if you could tell me what contracts we currently have with Coastal Engineering that are not related to beaches and sand. COMMISSIONER HENNING: Why don't we just ask what is not related? MR. MUDD: Ma'am, what I just told you, the ones that aren't related are the first three and the last one. So I basically said Wiggins Pass inlet management plan and beach restoration and management plan for a total of about 119 -- $119,000, ma'am. COMMISSIONER MAC'KIE: And if I've made a motion to terminate those two contracts and that all other contracts with Coastal Engineering Consultants be suspended pending their attorney's response to the paragraph read earlier by our counsel, is that going to slow you down on any other projects that you're working on? MR. MUDD.' No, ma'am. COMMISSIONER MAC'KIE: Then that's my motion. COMMISSIONER FIALA: To terminate those two? COMMISSIONER MAC'KIE: Terminate the -- the two -- sand related contracts and don't fire them from stuff that has to do with bridges and surveying and appraisals. They're not bad at that. I just don't want to talk to them about beaches. Page~122 February 27, 2001 CHAIRMAN CARTER: I hear your motion, Commissioner. fail to get a second. Do I hear another motion? COMMISSIONER HENNING.' Motion to accept staff's recommendations related to the contracts on -- for Coastal Engineering. COMMISSIONER COMMISSIONER COLETTA: And that's to -- MAC'KIE: Terminate everything. COMMISSIONER COLETTA: One question is, what is it going to cost the taxpayers if we do this? COMMISSIONER MAC'KIE: All it says in our thing is, not much. COMMISSIONER COLETTA: Well, that's not good enough. Are we talking about a wash where we pick up someone new and they just pick the balance of it up or do they have to start the survey -- the study all over again? Are we going to incur new costs or-- MR. MUDD: That's what we were trying to do on the settlement where it was a negotiated settlement between the two so we'd have a clean transfer. At the particular area that we sit right now, there will be a little bit of an expense. It could be to the tune of $10,000, and I'm talking out of my head right now. The exact number, I don't have. I won't have it until you go out and you -- and you set up another contract with somebody else and see what the difference was. That's the only way I'll be able to determine that process with you. So what we've seen -- or what we have here are -- are contracts that are -- that are being terminated at a decent place in time where we can have a good transition so we'll minimize the impact upon the taxpayers of Collier County. MR. MCNEES: Commissioner, you can get an idea of the order of magnitude if you look at the list of items. We've already taken out the largest two. They're not negotiable, it sounds like, so there will certainly be an expense in getting those contracts going again. On the others, the land surveying contract issues are fairly small. The one that looks like there would be the most impact, you see there's an expert witness -- expert testimony fee. We're going to have to pay somebody else to become expert and -- but the order-- COMMISSIONER MAC'KIE: Did we find out what the subject of that litigation was? Page 123 February 27, 200t MR. MCNEES.' The order of magnitude would be less than the tens of thousands, less than 10,000. COMMISSIONER MAC'KIE.' I mean, is anybody on the board interested if the subject of that litigation is bridge building? MR. WEIGEL: I believe that's a very old road condemnation case. COMMISSIONER MAC'KIE: Okay. So it's going to be a road condemnation case, it's probably going to be -- the expert testimony then is based on the value of the land and -- MR. WEIGEL.' Well, the consultant's not the appraiser here, so I don't think they'll be performing that function. COMMISSIONER MAC'KIE: Well, they have an appraisal function within their firm, so it may be. MR. WEIGEL: I'm thinking it may be in regard to a -- potentially contentiousness of the design selection for the taking that did occur. I'm guessing at this point though. COMMISSIONER MAC'KIE: And if we terminate all of these contracts for it, I'm going to say this one more time and then I'm not going to say it anymore because I know you can count, they can raise in the litigation with a jury the fact that we didn't terminate our contract with them on beaches. Well, tell me if I'm wrong, please. MR. MOUNTFORD: Commissioner, it's my opinion that the attempt that I read to you in my February 6, 2001 letter to Coastal was trying to amicably adjust any potential evidence issue which may come up in the case in chief, for lack of a better term. It's my opinion that that isn't necessarily going to be admissible because that is argumentative as to relevancy and materiality of that with regards to the case in chief, but now we're getting into that area of trial strategy, attorney/client privilege, which I would prefer to discuss with this commission behind closed doors, so to speak, because of the litigation, not -- with a court reporter present, of course. COMMISSIONER FIALA: Well, I'd like to say that -- CHAIRMAN CARTER: We need a second to the motion. COMMISSIONER FIALA: Just what I was going to say. CHAIRMAN CARTER: Okay. Commissioner Fiala seconds the motion? COMMISSIONER FIALA: Yes, but I'd like to say, that second was -- I have two friends here in Coastal Engineering and I just Page 124 February 27, 2001 hate to do that, but I think I'd like to clear the air before we move forward and I think we have to do that by -- by finishing this trial, so that's the only reason I'll second it. COMMISSIONER COLETTA: I'm just trying to find out what our motives are on this. This is something that happened five -- five and a half years ago, correct? COMMISSIONER FIALA: We have 60 days to go. COMMISSIONER COLETTA: No, five and a half years ago is when the rocks got on the beach, and at this point in time, we're going back five and a half years and we're going to serve a punishment -- to serve as an example, we're going to go back and end these contracts, to incur more expense and possibly have to go to court over it. We've got a $134,000 balance to go to finish them out. Why not have something where we don't do any future business until we settle everything up that's done in the past? We're opening ourselves up for additional expenses. We're opening ourselves up for litigation in courts. We're going to have staff tied up trying to work their way through this. I just don't understand the reasoning why and the rationale why, at this point in time, we're bringing it up. Why not cut them off from anything in the future? COMMISSIONER MAC'KIE: But Jim, when we had that sand contract and on the fifth anniversary -- I'm sorry, but on the fifth anniversary of the day that Coastal Engineering Consultants told me, I was the only one on the board at the time, that it was a good idea to bury those rocks, that my expert, my hired consultant that day to tell me which sand to use was the same one that told me it was a good idea to bury those rocks. I don't want that contract continued. I haven't wanted it continued for five and a half years, but we're finally to the point of terminating that one. I'm just not mean-spirited enough to think that we have to say they're bad at everything. COMMISSIONER HENNING: Call the motion, Mr. Chairman. CHAIRMAN CARTER: Any other comments from the board? Call the motion. All in favor, signify by saying aye. COMMISSIONER HENNING: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN CARTER: Aye. Opposed? Page 125 February 27, 2001 COMMISSIONER COLETTA: Aye. CHAIRMAN CARTER: Motion carries 3-2. Item #8E1 COLLIER COUNTY GOVERNMENT EQUAL EMPLOYMENT OPPORTUNITY PLAN - APPROVED The next item is E 1. COMMISSIONER HENNING: If there's no public speakers, Mr. Chairman, I'd make a motion that -- there is? MR. MCNEES: No, there are no public speakers. CHAIRMAN CARTER: There are no public speakers. COMMISSIONER HENNING: Be approved. COMMISSIONER MAC'KIE: Second. CHAIRMAN CARTER: We have a first and a second. Any discussion? All in favor, signify by saying aye. CHAIRMAN CARTER: Motion carries. Item #9A AGREEMENT FROM THE CITY OF NAPLES CONCERNING THE LOCATION OF AN EXPLORATORY WELL FOR A PROPOSED AQUIFER STORAGE RECOVERY SYSTEM - APPROVED We are over to 9 A, county attorney's report. MR. PETTIT: Good afternoon, commissioners, Mike Pettit, Assistant County Attorney. I'm here to report on the status of the negotiation with the City of Naples on the ASR exploratory well issue. The city has, by a letter from their counsel, advised me that they are willing to amend the original proposed settlement agreement in all of the ways we requested but two, and staff is recommending that those two can be thrown away as negotiable items and to accept the City's proposal. COMMISSIONER MAC'KIE: Motion to approve. COMMISSIONER HENNING: Second. CHAIRMAN CARTER: All in favor signify -- do we have speakers? MR. MCNEES: You have no speakers. Page 126 February 27, 2001 CHAIRMAN CARTER: All in favor, signify by saying aye. Motion carries 5-0. MR. PETTIT: Thank you. Item #10B COMMISSIONER MAC'KIE APPOINTED TO THE CANVASSING BOARD FOR 2001 CHAIRMAN CARTER: Moves us to Board of County Commissioners. Number 10 A has been continued. 10 B, we need to appoint a commissioner to the canvasing board. Commissioner Mac'Kie and I have both had that privilege. It's up to one of the new commissioners to have that experience. COMMISSIONER MAC'KIE: I'll be honest with you, I'd do it again. I thought it was great fun and it was -- COMMISSIONER FIALA: What is a canvasing board? COMMISSIONER MAC'KIE: You know that thing -- I was holding up that thing to see if there was a dimple in that chad? CHAIRMAN CARTER: She's a chad checker. COMMISSIONER FIALA: Oh, yeah. Oh, yeah. CHAIRMAN CARTER: A chad checker. There's a high demand for chad checkers. COMMISSIONER COLETTA: I'd like to nominate -- COMMISSIONER FIALA: Jim has just nominated her. I'll second that nomination. CHAIRMAN CARTER: aye. Okay. All in favor, signify by saying Done situation. COMMISSIONER MAC'KIE: I doubt it will be quite as exciting next time, but -- I pray it won't be as exciting. COMMISSIONER COLETTA: Congratulations. Item #10C APPOINTMENT TO THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL - TABLED TO LATER IN THE MEETING CHAIRMAN CARTER: Okay. Moves us to item 10 C. COMMISSIONER HENNING: Motion to -- I recommend Page127 February 27, 2001 Stephanie Vick for the emergency medical services advisory board. COMMISSIONER MAC'KIE: Just -- the advisory committee requested that the position be re-advertised and thought that we hadn't gotten enough information out to the communities. I -- I'm just reading that off the -- COMMISSIONER HENNING: I don't -- I think that we do the same thing for all the advisory boards as far as advertising. CHAIRMAN CARTER: Well, you know, you're right, Commissioner Mac'Kie, they had requested that we advertise again. What's the pleasure of the board? COMMISSIONER FIALA: I would like to know why they suggested that. Can -- may I ask that? COMMISSIONER MAC'KIE: Do we know? CHAIRMAN CARTER: I can't give you the answer because I don't know. COMMISSIONER COLETTA: But it was their suggestion. COMMISSIONER HENNING: Maybe they didn't like the applicants. COMMISSIONER MAC'KIE: Here's the memo. The memo says the MSAC advisory council met last week and reviewed Mr. Mennini's resume. They have requested that this position be re-advertised and have also offered to assist in getting the word out to the community. Did they have this Miss Vick's resume at the time? MS. FILSON: Yes, ma'am. COMMISSIONER MAC'KIE: Well, why didn't they comment on hers, I wonder?. I -- whatever you -- I don't know. COMMISSIONER HENNING: I made a motion. MR. MCNEES: I can't answer that at this moment. I can get you an answer if you want to put this one off a few minutes. COMMISSIONER MAC'KIE: Make everything hard. CHAIRMAN CARTER: Would you like to continue this for two weeks until you can get those answers? COMMISSIONER COLETTA: Well, if you're going to continue it, you may as well re-advertise it, if it's going to come down to that. MS. FILSON: That whole process takes approximately two months. COMMISSIONER MAC'KIE: Okay. Page128 February 27, 2001 MR. MCNEES: If you want to defer this to the end of this list of item number 10, maybe I can get you an answer real -- COMMISSIONER FIALA: That would be a good idea. COMMISSIONER HENNING: Would you like me to remove my motion? CHAIRMAN CARTER: Yes, sir. COMMISSIONER HENNING: I remove it. Item #10D RESOLUTION 2001-68 APPOINTING ROBERT M. SLEBODNIK TO THE LELY GOLF ESTATES BEAUTIFICATION ADVISORY COMMITTEE - ADOPTED CHAIRMAN CARTER: Okay. We're going to table it and come back. That moves us to motion 10 C. COMMISSIONER FIALA: 10 D? CHAIRMAN CARTER: 10 D, my error. 10 D. COMMISSIONER FIALA: I'd like to nominate Bob Slebodnick (phonetic) -- or accept his nomination for Lely Golf Estates beautification. CHAIRMAN CARTER: Motion to approve by Commissioner Fiala. COMMISSIONER MAC'KIE: Second. CHAIRMAN CARTER: Second by Commissioner Mac'Kie. All in favor, signify by saying aye. The motion carries. Item #10E RESOLUTION 2001-69 APPOINTING ROBERT L. DUANE, C. PERRY PEEPLES, THOMAS R. PEEK, DALAS DISNEY AND BRYAN P. MILK TO THE DEVELOPMENT SERVICES ADVISORY COMMITTEE - ADOPTED TERMS EXTENDED That moves us to item 10 F, discussion of Santa Barbara Extension. COMMISSIONER MAC'KIE: 10 E, how about that one? CHAIRMAN CARTER: Well, okay, if you want to do 10 E, I'll go there. 10 E. Page 129 February 27, 2001 COMMISSIONER MAC'KIE: Motion to approve committee's recommendation. COMMISSIONER HENNING: I'll second that motion. CHAIRMAN CARTER: Seconded -- it's a motion by Commissioner Mac'Kie, seconded by Commissioner Henning to approve item 10 E. All in favor, signify by saying aye. Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries. MR. WEIGEL: Mr. Chairman, and Miss Filson will assist me here, we may have three members who have had two terms on this board and will therefore, under 8641, our advisory committee ordinance, may need to have an additional unanimous vote for them to have their terms extended beyond the second time. COMMISSIONER MAC'KIE: So moved. COMMISSIONER FIALA: Second. CHAIRMAN CARTER: All in favor, signify by saying aye. Motion carries. Item #10F TRANSPORTATION ADMINISTRATOR TO PROVIDE RECOMMENDATION REGARDING ROAD ALIGNMENT AND COST FIGURES FOR SANTA BARBARA EXTENSION Moves us to item 10 F. Commissioner Fiala. COMMISSIONER FIALA: Santa Barbara extension, which has been something that's been very near and dear to my heart. I've been working with the people along the route that this extension was supposed to impact the most, the people whose houses were in the way, and what I'm asking is, I'd like to ask each one of the commissioners sitting here if they would please allow me to ask staff to take another look at this route and maybe see if there's another alignment that they can figure out rather than the one that goes right through these people's homes, and yet I want to make sure that while staff takes a look at this, they protect the -- the -- protect the community of Lely Golf Estates, St. Andrews and Augusta Boulevards. It's a tough task for -- for staff, for the transportation staff, Page 130 February 27, 2001 but I need them to take -- to re-visit this. I need them to take another look at this. I want to save these people's homes and I want to save that community, and I was wondering if I could get one of the commissioners -- all of you to work with me. COMMISSIONER HENNING.' Which assignment are you talking about? COMMISSIONER FIALA: Well, what I want to do is eliminate C. C right now. Alignment C is the one that goes through the 12 people's homes and butts out onto Rattlesnake Hammock, and originally the county was hoping that possibly the Lely Resort people, now that's the further one down, would realign their road. The Lely Resort people have said no, they're not going to do that, which Norm Feder has said would cause, what do you call the dog bone -- dogleg -- dogleg in the road, which would even tie up traffic further. Sorry about that. COMMISSIONER MAC'KIE: I'll tell you, Commissioner Fiala, when we voted on this before, what I said was that my approval of route C was expressly conditioned on connecting to Grand Lely and hopefully narrowing the road to a four instead of six lane and trying to address that neighborhood's concerns. So if, in fact, Grand Lely has said no, then that's the end of this -- as far as I'm concerned, I'm ready to do whatever -- COMMISSIONER COLETTA: No, no, no, let's hear from Norm. I see him shaking his head. MR. FEDER.' For the record, Norman Feder, Transportation Administrator. I appreciate the discussion, but I do want to provide a clarification. It was not my impression, Commissioner, although I'll defer to yours as well in that meeting, that Lely has said they will not connect up. As a matter of fact, the DRI provisions, I think, are very clear that they have to work with the county on alignment options. I think what I heard from them was some desire for some issues to be addressed if they are going to hook up, and those are issues we can continue to talk to them about as we go into design and specifics, but I don't think I heard that they would not hook up and I think in their provisions of their DRI and other requirements, they're pretty well set to, in fact, hook up to the Santa Barbara extension, wherever that alignment is. COMMISSIONER FIALA: Well, Mr. Feder, I have it in writing from them that they won't be hooking up. Page 131 February 27, 2001 MR. FEDER: I've seen that writing where they expressed some concerns and made a number of conditions. I also note that in our meeting with them in your office, they did acknowledge that they have DRI provisions and that maybe, in fact, they would have to respond, but that that was not necessarily the desire of the thousand residents that they had out there at this point, but nonetheless, that that may be something that they'd have to respond to. COMMISSIONER MAC'KIE: Maybe what we need to do, Commissioner, is ask our counsel to tell us whether or not we have the power in the DRI or otherwise to require them to hook up, and if we do, then that's one choice from the board. If we don't, you know, we -- I agree with you, they're not going to voluntarily do this. COMMISSIONER FIALA: No, and he was pretty clear. He said his homeowners were totally against it and he -- and of course, there was a veiled suggestion that he might not get the rest of his DRI if he didn't line up his road and I -- and I didn't think that that was -- anyway, I felt that there -- there needs to be more discussion on that. MR. MCNEES: Mr. Chairman? COMMISSIONER MAC'KIE: Well, I'd be interested to know the answer to the question. MR. MCNEES: I can perhaps put a little light on the issue, having been in on quite a bit of this discussion. I think it would be fair to say that if the outcome of it were to be that the Santa Barbara extension were to not empty out anywhere near Grand Lely, then their position would be, absolutely, we won't cooperate. In other words, if they -- I think it's fair to say that it's almost a tactical issue if, by refusing to cooperate in realigning the alignment of Grand Lely, they can force Santa Barbara to empty out somewhere else, I am certain that's the position they'll take. COMMISSIONER MAC'KIE: They'd be happy with that, but my question is, for Mr. Weigel, I guess, do you agree with Mr. Feder's assessment that the DRI gives us the power to require their realignment? And let me just go ahead and put this on the table too, if -- don't they have a rezone pending, or there's one rumored anyway that they're going to be coming in and we could make it a condition of approval that they align with Grand Lely. Page 132 February 27, 2001 MR. WEIGEL.' Well, I'll try and answer your question, Commissioner. The DRI, of course, has as much or more state ramification as it does local government ramification, but I think that it is certainly a significant issue and it -- it may be a real hurdle for them. In regard to your other question, I'm looking over to the planning staff in regard to if there's something currently pending in rezoning, because I don't know off the top of my head. COMMISSIONER MAC'KIE: But the answer to my first question was, you think that we do have or you think that we don't have the authority to require them to align? MR. WEIGEL: I'm not sure that the authority is there with us, but it is an issue and/or a problem with them if there is a significant change from what's currently been approved at the state level with the DRI. COMMISSIONER MAC'KIE: Giving a non-lawyer answer. MR. FEDER: Commissioner, if I could -- again, for the record, Norman Feder, Transportation Administrator. I am not going to try to provide you legal counsel, but in fairness to our counsel, he hasn't necessarily read the DRI provisions, which I've tried to look through. In a quick look and in talking with Mr. Ryan, essentially they are -- COMMISSIONER MAC'KIE: To whom, I'm sorry? MR. FEDER: Mr. Ryan, Joe Ryan with Lely Resort. They are in phase one. Their provisions require them, before phase three, which would bring them up towards the Rattlesnake Hammock area, to go into a reassessment and a re-evaluation. It also provides for alignments and connections to be coordinated with county staff. So those are two direct statements that I can show you language on that would lead me to believe what I presented to you previously. COMMISSIONER FIALA: But does that -- do those alignments and coordinations have to meet with their approval or do we just force them to do that? MR. FEDER: It is required for them to work with us to get a coordination of access points. COMMISSIONER MAC'KIE: So we have to approve? COMMISSIONER FIALA: So we -- in other words, they can't get their DRI unless they -- they do as we tell them to do, is that it? Page 133 February 27, 2001 MR. FEDER: I am not stating it quite that way, Commissioner. What I'm saying is, is that the DRI provided, on phase three, for re-evaluation of their transportation issues and it required coordination between the county and the developer on access point-- COMMISSIONER FIALA: So they might want to coordinate in a different fashion and not line up their road, right? Is that -- I mean -- and as long as they provide an access -- what you're concerned with is an access from Rattlesnake Hammock to 951 or Collier Boulevard and out to U.S. 41, which -- MR. FEDER: With all due respect, Commissioner-- COMMISSIONER FIALA: -- eventually they will provide because their road is going to be hooking up to all three? MR. FEDER: And with all due respect, we have to agree to any connection to the county road system, which is what they're to do with their development. COMMISSIONER MAC'KIE: So they can't just hook in on the county road system wherever they want to, that's how we have the control. CHAIRMAN CARTER: No more than anybody else can. COMMISSIONER FIALA: So in other words, we just plow down 11 or 12 homes and the heck with them, is that it? COMMISSIONER HENNING: Commissioner Fiala, I'm very sensitive to taking people's property, but I think that we need to let this play out and see where we are and I hope that it won't -- COMMISSIONER FIALA: Well, that's what I was asking to do. COMMISSIONER HENNING: I hope that it won't take too long so these people know what the future is going to be, but we still need to wait for this DRI process. COMMISSIONER FIALA: Well, Tom, that's going to be ten years down the road, that DRI process, because they're 15 years out from completion. They're not even -- they're not even finished with phase one. They've got three phases. What we're talking about right now is something that was passed a couple years back that said there would be -- in fact, I think it was passed in 1993. It was a long time ago, where the -- the road was changed from the original alignment, which was a straight through alignment from -- from Davis Boulevard down to Rattlesnake Hammock Road. Our transportation staff, in cooperation with, I guess, a couple of the county commissioners Page 134 February 27, 2001 at the time, decided a better road could be placed down another alignment, which was C. That alignment then came down and came through 12 homes, and then they felt it could align with Lely Resort. COMMISSIONER MAC'KIE: Grand Lely. COMMISSIONER FIALA: Grand Lely Resort, excuse me, thank you very much, Grand Lely Boulevard. So that was the alignment. They were still going to keep route A, which is the straight alignment. They said that they didn't like the T, and yet right now, they're -- they didn't like the T effect of 41 -- I'm sorry, the Santa Barbara extension, which is Polly Avenue and Rattlesnake Hammock, okay, and yet of course we're doing the same thing at County Barn. We're widening that to four lanes and it's a T on each end, but that seems to be okay. What I'm worried about is, as you said, I don't want to -- I don't want to make these people lose their homes, and on the other hand, at the -- COMMISSIONER HENNING.' I said I'm concerned -- COMMISSIONER FIALA: Yeah. At the very exit -- that's what I said, we are singing in the same choir there. COMMISSIONER HENNING.' Okay. COMMISSIONER FIALA: At the exit of Santa Barbara Extension onto Rattlesnake Hammock, there sits a community, a community called Lely Golf Estates that has winding roads, 25 mile an hour roads, speed bumps all the way and all of their driveways right out onto the road. Well, I don't want to see that road impact them either, and what I'm asking the commissioners is to please ask staff if they can't find another route, another way to extend Santa Barbara so it doesn't mow those people's homes down, so that it protects that neighborhood in the pathway of the straight shot. They're going to have a straight shot anyway, two lanes, four lanes, people are going to take that. So maybe there's another way to look at it, and all I'm asking is, can we put this on hold and give staff direction to take another look at it? COMMISSIONER COLETTA: My concern is the fact that we're going to have this concern continuously through the whole thing. I have people concerned about Vanderbilt Road being all the way to Immokalee, and if we start to work into this process, if we try to amend everything totally at this point in time so that we're going to miss everybody's homes, we're never going to do Page135 February 27, 2001 anything. That's the end of it. I don't say we're going to take their homes. What I'm saying is, let's let the process go forward. I'm sure that if there's a way not to do it, it's going to be a lot less expensive to avoid taking them than it would be to take them. COMMISSIONER FIALA: But it's already -- it's already stipulated that that's what they're going to do. I mean, it's already in place, and what I'm asking is to re-visit it, and Jim, you know, I feel that we were elected here by the people who are saying somebody's got to protect us, you're the only five that can do it, nobody else can vote for us but you, and that's what I'm doing here right now. COMMISSIONER COLETTA: Yeah, but they also elected you to find a road system that was going to move them from point A to point B, and if you listen -- COMMISSIONER FIALA: Right, just not in my backyard. COMMISSIONER COLETTA: Exactly. Now you just said it. Everybody has got the one concern, they want the roads and they want them to happen, but they don't want them going through their backyards. We've got to do everything possible to try to protect the integrity of the neighborhoods. We've got to do everything possible to protect the homes, but if we start at this point in time removing something from the mix and saying, we will not allow this to happen, then I can guarantee you, the whole thing is down the drain and we're just going to have a couple of roads that we're building now and that will be the end of -- COMMISSIONER FIALA: But I'm not saying we'll not allow this to happen. I'm just asking for your approval to have them go in and take another look and see if they can't find another route. COMMISSIONER COLETTA: Well, how many times have they looked at it now? You two were here quite a bit earlier. CHAIRMAN CARTER: Well, Mike McNees, would you like to comment? MR. MCNEES: Yes, I would, Mr. Chairman. If I can explain a couple things. We may be, actually, Commissioner Fiala, closer to where you want us to be than you realize. First of all, let's separate the issue of Grand Lely Drive for the moment because it -- it's related, but it is actually a separate issue that staff's working with them on that may or may not be germane to this alignment issue. The issue of the alignment, staff has actually Page 136 February 27, 2001 brought to this board on, now I believe five different occasions -- COMMISSIONER MAC'KIE: I can say six. MR. MCNEES: -- different sets of alternatives, and at each step, staff was sent back to the drawing board, more information, more alternatives, more analysis, where -- which is kind of where we are now. You're suggesting, you know, we take another look at those alternatives. Having now been through that, I could verify yesterday five times, there may be more, where we are is, we have hired a consultant, an engineering firm to take what appeared to be the best of all the available alternatives from a general viewpoint and look specifically at what potential alignments could there be that would have the least possible impact on existing homes, because we haven't known that yet. COMMISSIONER FIALA: Right, but Mike, at the time -- I was working very closely with you guys then on the outside, okay, and I was following the -- the consulting crew. It's interesting how their story changed, by the way, depending on what we told them we wanted them to discover, and when we told them we don't want the road here, we want it there, find another way to do it because this isn't where we want it to end up, they found it. I've -- I believe that we instructed them to find what we wanted them to find and to give us the figures we wanted to hear, and then when I challenged them as president of East Naples Civic Association, when I challenged them on their figures, because they were talking about why the road was needed through that particular neighborhood, then they came up with a completely different set of figures, telling me the road was needed to be that wide to handle all the traffic generated by the Lely Resort people. I said, that's interesting because Lely Resort wasn't even in effect when you were trying to change this road, so I mean, how do they know how many people -- MR. MCNEES: Commissioner, one of those variables that changed during the analysis was, it became a priority to not force any of this traffic through the old Lely neighborhood. COMMISSIONER MAC'KIE: We know how that happened. MR. MCNEES: Which is still one of your priorities and -- as you've just stated, that is still a priority. So yes, things change constantly through this process. As I said, we discussed it five or six times and -- Page 137 February 27, 2001 COMMISSIONER MAC'KIE: Mike, let me just say, I mean, I heard it five or six times and let me tell you, my -- the strongest argument I have in support of what Donna's saying, and I don't want to look at this again, but to be blunt about it, at the time when I got my last set of numbers, I got them from a staff member who's no longer here whose opinion I don't respect, who I think might have manipulated or could have been manipulated or would have agreed with a majority of the board who had an agenda that I didn't agree with. So I -- the only question I have is whether or not the staff that we have today that I do trust will tell me that C is it and it's got to be C and here's why it's got to be C, and if that's the answer, then I will believe it from these people, but I don't really believe it from the people who told it to me the last five times. COMMISSIONER COLETTA: The way you just explained it, I can understand what you're saying. Would this impact greatly what we're trying to do, to be able to take another look at it, Norm? MR. MCNEES: The first thing I'll say before Norman answers the question is, it is not our practice to second-guess direction from previous boards, regardless of -- of how we may have gotten to a particular point, so -- COMMISSIONER MAC'KIE: But this board can. If we want -- you know, this board may be second-guessing the previous board for a living. MR. FEDER: Norman Feder, Transportation Administrator. What I can answer to your question, Commissioner, is not a statement for alternative C, but a statement for the need to have a connection and a continuous connection that goes from Davis to 41, acknowledging that the original alignment sometime back, and I'm looking at history here that I'm coming in on, and I spent quite a bit of time out in the community with Commissioner Fiala and an awful lot of good people involved in this discussion, but looking at the history when it was lined up basically on A or Polly Avenue, that has pretty well been precluded, as is noted, with the way that St. Andrews was developed. With the winding, with all the driveways connecting directly to it, it cannot function as that connection that brings you from Davis -- Santa Barbara, Davis all the way to 41. COMMISSIONER MAC'KIE: So let me pause you just to be Page 138 February 27, 2001 sure I understand what you just said. What you just said is that if route A were built, it would be a good road, but it would not serve -- it would not serve the function of the connection, the through-way that we need? MR. FEDER: That is correct, because even if you had Grand Lely, you would be required to take two 90 degree turns. You would reduce an awful lot of the operational effectiveness because you'd come down Polly, you'd have to take a left turn, go down -- COMMISSIONER MAC'KIE: You said even if you had Grand Lely. Is that what you meant to say? MR. FEDER: Yes, even if you had Grand Lely as your connection to 41. I'm saying you'd have to take two 90 degree turns on -- COMMISSIONER FIALA: So what he means is, if you come out A onto Rattlesnake Hammock, you'd have to turn left until you go down to Grand Lely and then -- and that -- I think that can be done. As you explained to me, it's a lot bigger than a dogleg. If they didn't move their road over, then they'd have to jiggity jog and that would tie up traffic further -- MR. FEDER: And Commissioner-- COMMISSIONER FIALA: -- but I don't see why people wouldn't want to make that turn. I personally wouldn't mind making that left-hand turn and traveling seven-tenths of a mile further down the road to get to Grand Lely Boulevard, and then I'm saving these people's homes and I'm not impacting those people's neighborhoods and I think we can do -- I think we can have some kind of a road -- a road traffic stopper -- what do I call it? COMMISSIONER COLETTA: What you're asking for is just staff to look at it? COMMISSIONER FIALA: Yeah. COMMISSIONER COLETTA: You're not making this a proposal to take it out of the mix? COMMISSIONER FIALA: No, no, no. I just want them to take another look and -- MR. FEDER: And for the record, let me just throw the rest of that equation out just so that everybody understands the various issues we've been looking at recently, because by all means, the board can direct us and we'll continue to look, as it's been Page 139 February 27, 2001 looked at before and I didn't need the board direction. I had one commissioner bring us out to homeowner associations and the people that pay salary, the taxpayers asked us and we were looking at it, okay, so we'll continue to, but what you create there is a couple of things. First of all, those folks at St. Andrews no longer have that ability to connect because you want to block them off from that four to six lane traffic coming down to Hancock-- Hammock. COMMISSIONER MAC'KIE: Rattlesnake. MR. FEDER: Rattlesnake Hammock, excuse me. You'd want to cut that off because you don't want it going through their neighborhood, so then they're cut off from the ability to go north. They only have 41 and 951 as their alternatives for all of East Naples growth. The other thing that you'd create, and the commissioner is correct, the thing I did point out to her is, whatever alignment we did, we don't want to create it as a slight offset to Grand Lely because then you cannot make those 90 degree maneuvers even though they are operationally detrimental. If you make those operational changes, you would probably have to stay with six lanes, same on Rattlesnake Hammock and possibly on Grand Lely. If you made a direct connection and what we were trying to look at for the commissioner's concerns was access control on 951 and possibly reducing down to four lanes. So we have been looking at it and we'll continue to. We are talking about the nature of looking at an alignment that is not in your cost feasible plan, depending upon what we do on resources -- COMMISSIONER FIALA: So we have plenty of time. COMMISSIONER MAC'KIE: So I'm going to make a motion that -- CHAIRMAN CARTER: Wait a minute. I have a couple questions before you make a motion. How much money have we spent studying this to date? COMMISSIONER MAC'KIE: Well, this -- CHAIRMAN CARTER: This has been through this five times. I've sat here and I've listened to all of this. There were four routes. I'm just asking the question. I'd just like to know. COMMISSIONER MAC'KIE: Hear my motion because it doesn't have to do with four studies. Page 140 February 27, 2001 MR. MCNEES: You do have one registered speaker. COMMISSIONER MAC'KIE: My motion -- I won't make it yet, but what I'm proposed to move is that we -- we request that Mr. Olliff direct Mr. Feder to give us his recommendation regarding those road alignments, give it to us in writing, and if any of us don't like the recommendation that we get from the man who we do trust, then we bring it back to the board and it gets put back on the agenda, but for today, what I want to know is Mr. Feder's recommendation. CHAIRMAN CARTER: And I would like cost figures in that too, please. I have no problem with that. CHAIRMAN CARTER: Do we have any speakers? MR. MCNEES: You have one speaker, Reverend Peter Lyberg. MR. LYBERG: Reverend Lyberg, retired pastor, Shepherd of the Glades Lutheran Church located on the corner of Polly and Rattlesnake Hammock Road. I've appeared before this board both for prayer and for debate on more occasions than I'd like to count. COMMISSIONER MAC'KIE: And we appreciate both. CHAIRMAN CARTER: We're pretty good at the prayer. MR. LYBERG: We were hoping on it. The alignments that are there, I would very much concur with Commissioner Fiala's request and for Commissioner Mac'Kie's suggested motion that sounded like it was going in the right direction, to take a look at it, because it seems that this whole thing has gotten locked into one particular direction, route C, no matter what, and even, almost no matter whether Lely Development concurs or builds anything or not, and I think that's a tragic situation, especially when you think that you're affecting 12 or 14 homes that would have to be demolished in that right of way in order to achieve that. The -- the straight alignment, route A, is clear. There's not even a garage on that thing or -- or a leftover outhouse or anything. There's nothing there, just a long ditch. It would be very easy and accessible. The other thing, if for traffic flow, it ends at Rattlesnake Hammock, nobody wants it to go into St. Andrews and it's halfway, exactly halfway between 41 and 951, so that you end up having traffic come and split rather than funnel it together. We do so much funneling of traffic and putting Page 14t February 27, 2001 it together and making more and more traffic rather than less. COMMISSIONER MAC'KIE: Chris, the problem is, that funnel has to do the inverse as well, you know, to have the wide come into the narrow and that's the place -- MR. LYBERG: From both sides they can get on to it and go north. If it's further over, you're not going to get the -- the traffic from the west end of Rattlesnake Hammock making use of it. If there were no other choice, you know, if the whole thing was all houses, then you're talking about which houses to take, that's a different question, but when you're debating between an open alignment and -- and a row of houses that has to come out of there, I think that raises a -- a far more important issue there. I think there is a way and I think the staff can work at it whereby there can be a decision, a new decision based on some new factors that are a part of this whole discussion that will cause the least harm to all three areas, the ones -- Parker's Hammock area, Grand -- Lely Resort and St. Andrews Boulevard. I think all of those can be, to a pretty fair degree, protected and I'm sure that -- that some options can be looked at and an achievement reached, a consensus reached on doing that so that it can come about, and it's a road that 15 years from now is way late. It's a road that was needed five years ago. That's when it needed to go in. COMMISSIONER FIALA: Don't you live on St. Andrews or off St. Andrews? MR. LYBERG: I live at the other end of St. Andrews. I don't drive St. Andrews any more, speed bumps and everything else, I don't enjoy bouncing over those things, so -- but I live in Lely and -- and recognize the -- the need for traffic and the need for better access to get up to Davis and to Santa Barbara going north from there. Right now, the only thing that connects is little, tiny County Barn Road and -- and that's a disaster in its making right there. It needs route A, four laned right there to the corner and I think that would get things off to a very good start and -- and provide a lot of good connectivity to the whole area. Thank you very much. COMMISSIONER MAC'KIE: Thank you. COMMISSIONER FIALA: Another thing I just wanted to -- CHAIRMAN CARTER: Any more speakers? MR. MCNEES: No, sir. Page 142 February 27, 2001 CHAIRMAN CARTER: Commissioner Fiala? COMMISSIONER FIALA.' Yes, thank you. If my community were called Lely Golf Estates and I lived on St. Andrews Boulevard instead of Lakewood Boulevard in Lakewood, I -- I would have this same feeling. In Lakewood Boulevard right now, we're hit with about 27,000 cars a day going down our main street and all of our driveways empty out onto Lakewood Boulevard. If somebody put a great big median in my -- in the center of Davis Boulevard so that the traffic couldn't come down unless they lived in Lakewood, it would inconvenience me a heck of a lot. I'd love it. I'd love it. Just think, I would only have maybe 4,000 cars a day rather than 27,000 cars a day, so I wouldn't mind having a nice island that would divert traffic one way or another and I'm just hoping that the transportation department will -- will have an open mind and take another look at this thing if the commissioners will agree with me. COMMISSIONER MAC'KIE: But you know, respectfully, I've got to say that if that happened in your neighborhood, then 23,000 trips a day would have to go somewhere else and probably out on Davis and we're already max'd out on Davis as wide as we can get it and so we've got to start having a secondary road system, not just the giant asphalt slabs, and that's -- COMMISSIONER COLETTA: Remember Foxfire, okay? CHAIRMAN CARTER: I think we'll all remember that. Last question, it's my understanding is this is in, what, a 15 to 20 year plan? This is what we're talking about, Mr. Feder? And I think that needs to be incorporated in your memorandum back to us. MR. FEDER: For the record, Norman Feder, Transportation Administrator. It is in the 2025 needs plan, but nothing south of Davis in the 2025 cost feasible under current revenue stream. CHAIRMAN CARTER: Okay. The other thing that I remember from prior discussions on this, that if we had to take homes and when we have to take homes, then in this instance, if I remember, we were talking about buying those homes early and leasing them back to the residents for something like a buck a year so they would have a 15 to 20 year period in which, one, to live rent free, and the money got -- the receipt from those homes, they could either, A, decide to move someplace else prior to that Page 143 February 27, 2001 or they could stay in those residences. Now, if they left the residence, then it would not be re-rented or used because it would be part of the condemnation process. COMMISSIONER COLETTA: If there was ever a reason to find a cost-effective way to avoid doing it, that's it. COMMISSIONER MAC'KIE: Yeah. CHAIRMAN CARTER: But if I remember all the designs, it did affect somebody. COMMISSIONER FIALA: Except for route A. I would beg you to please just ask the -- our transportation department to take one more look. As long as we have so many years in front of us, please -- please have them take another look and see if we can't save these people's homes. COMMISSIONER MAC'KIE: I'd make a motion in accordance with my earlier statement that we get Mr. Feder's recommendation and rationale for his recommendation and that he provide it in writing to each of us. If we have questions or objections to it, then we would add it back to a board agenda in the future after we get it. COMMISSIONER FIALA: Okay. I'll second that. CHAIRMAN CARTER: We have a first and we have a second. Any discussion? All in favor, signify by saying aye. Opposed by the same sign? (No response.) CHAIRMAN CARTER: Motion carries 5-0. Item #10C RESOLUTION 2001-67 APPOINTING STEPHANIE VICK TO THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL AND READVERTISE FOR DISTRICT 3 -ADOPTED MR. MCNEES: Mr. Chairman, I have an answer for your question on item 10 C. Apparently the gentlemen who was not recommended is an employee of the Naples Community Hospital and there is already a hospital employee, I'm told, on that board. That would be Mr. Mennini, and they didn't feel like having more than one was appropriate. The second applicant, Stephanie Vick, representing the health department, it is recommended to Page 144 February 27, 2001 you that she be appointed and that only the other be re-advertised. COMMISSIONER HENNING: So I'll reinstate my motion then. CHAIRMAN CARTER: All right. We've got to move it off the table first. COMMISSIONER MAC'KIE: Motion to remove the item from the table. CHAIRMAN CARTER: Second. All in favor, signify by saying aye. CHAIRMAN CARTER: Motion carries. Mr. Henning? COMMISSIONER HENNING: Motion to approve Mrs. Vick, I believe her name is. Stephanie Vick. COMMISSIONER MAC'KIE: COMMISSIONER HENNING: COMMISSIONER MAC'KIE: vacant position; is that right? COMMISSIONER HENNING: Yes. For the EMS advisory board. And to re-advertise the remaining No. CHAIRMAN CARTER: No, no, no. He's moving that we accept this -- MS. FILSON: We're confirming -- CHAIRMAN CARTER: -- person for that position and not re-advertise. MS. FILSON: We're confirming Ms. Vick to represent the health department and the other appointment was representing District 3. COMMISSIONER MAC'KIE: So don't we need to advertise for the District 3 position? MS. FILSON: If you don't want that appointment. COMMISSIONER HENNING: COMMISSIONER MAC'KIE: COMMISSIONER HENNING: re-advertise that. COMMISSIONER MAC'KIE: Oh, we have two vacancies? Yes. I'm sorry. So, yes, to Second. CHAIRMAN CARTER: All in favor signify by saying aye. (Unanimous vote of ayes.) Motion carries. We need to take ten. We need to switch reporters, or did we do that? Some magic kind of thing. We still need to take ten minutes. (A recess was taken.) Page 145 February 27, 2001 Item #10G TOWN HALL MEETING TO BE HELD WITHIN 30 DAYS WITH PELICAN BAY RESIDENTS REGARDING PELICAN BAY DEPENDENT DISTRICT CHAIRMAN CARTER: Ladies and gentlemen, we're alive and well. MR. McNEES: Mr. Chairman, we have a scheduling question for you. CHAIRMAN CARTER: Yes. MR. McNEES: On the community redevelopment agency board hearing or item that's scheduled, we apparently have an outside legal counsel who has a plane to catch and we will lose that person at 4:00. (Boos from the audience.) COMMISSIONER MAC'KIE: No, no, no. You're much more polite than that. Don't act that way. CHAIRMAN CARTER: Wait a minute, folks. MR. McNEES: If I might actually get to the question. And we understand that there are a lot of people registered to speak on the next item who would be inconvenienced by that, but the request has been made and I leave it to the discretion of the Board to choose a course of action. CHAIRMAN CARTER: This is in regards to Item B-l, right? COMMISSIONER MAC'KIE: The triangle. COMMISSIONER FIALA: Well, I'll tell you, I would like to make the motion if we don't even have to go any further. Should we do that or should we not? COMMISSIONER HENNING: No. You can go ahead and make a motion. COMMISSIONER FIALA: Well, I would like to make a motion to take staff's recommendation and put this -- re-advertise and put this on the board again in another 120 days. I think that -- and I'm sorry to do that, Dan. I'm really sorry. I know that you've worked hard at this. I know that. But I would really like to do that, give everybody an opportunity. MR. McNEES: Mr. Chairman, you have nine registered speakers on that item as well. You have almost twenty on the Page 146 February 27, 2001 other issue, on the Pelican Bay issue. So this is a classic no-win situation. CHAIRMAN CARTER: I would think so. COMMISSIONER MAC'KIE: Could we ask, you've checked, you can't make other flight arrangements? You couldn't stay overnight? MR. CARDWELL: If you want to, I will. We just wanted to let you be aware of it. But I think it is important, though -- I'm sorry, I'm Dave Cardwell, special legal counsel -- that I could make alternative arrangements and stay if necessary. I just would like to point out, though, I think it's important for you sitting as the CRA to hear the presentation by the proposer and then decide what you want to do with it, so that that's in the record. COMMISSIONER MAC'KIE: If you don't mind waiting, then -- COMMISSIONER FIALA: Can I withdraw my motion? CHAIRMAN CARTER: Motion withdrawn. We move to Item 10-G. And as Chair, I would like to -- even though it was brought on by Commissioner Fiala, I would like to exercise my prerogative as the Chair, and also because it is District 2 and it is also the community in which I live. Number one, I have no personal gain in this issue no matter what is decided one way or the other. I have not lead or tried to push any group to make this decision one way or another. I have passed out for the Commissioners a packet of information that includes both sides of the issue. I always operated on the basis that people preferred to elect those who taxed them versus giving me the power to appoint those people who would tax them. I've always felt that people would prefer fiscal accountability over what is currently in the existing ordinance. That, again, becomes a decision for this Board for the people who want to present here this afternoon. I have done nothing to push the ordinance. In fact, I'm going to -- if you want to look at it from a Commissioner's viewpoint, in any district I've given up power. I've had the power to appoint people to a taxing authority. And when this has happened in the past, maybe a half a dozen people have approached me and said, "1 believe this would be a good person to put on the taxing authority." Page 147 February 27, 2001 I found no objections in the community. It was submitted to the Board of County Commissioners. And they looked down here and I say, I recommend so-and-so. The other Commissioners having not heard any opposition say yes. Again, do you want to elect people and have the power of putting the people in there yourselves as a community, or do you want the power to rest with the Commissioners to appoint people to your taxing authority? That's part of the question that's in front of us today. I have no problem with whatever this Board decides, with whatever the community decides. Whatever you want is fine. But please keep this in mind. Whether they were appointed or whether they were elected, first of all, appointees must be residents of Pelican Bay and they must be registered voters in the state of Florida. Number two, if you run for office as an elected supervisor, you must be a resident and you must be -- a resident and you must be a voter in the state of Florida. That means 4400 people out of the community will determine, if they all voted under the election process, who would be your supervisors. That is the issue in front of us. I've understood there is a lot of concerns about it. And I have listened to the dissident groups, the people who raised objections. I have put out to this Commission all the meetings that were noticed and held publicly. I have participated in many of those, with the exception of the MSTBU. Because when those discussions were held, I stayed away because I in no way wanted to influence that taxing authority by my presence in the room. Not that it should, but I didn't want to take that chance. I've always tried to remain objective in this process. And today it is being raised by a fellow Commissioner and we can bring it forward. We've got a number of registered speakers who want to speak to both sides of this issue. And at the end of the day we have to come up with some decision that says it will be this or it will be that. And that's where we are this afternoon. Whatever the community decides, whatever this Board decides, I will continue to support and represent Pelican Bay and all of the Second Page 148 February 27, 2001 District to the best of my abilities. So Commissioner Fiala, I think it's time that we bring people forward who want to speak to this issue. COMMISSIONER MAC'KIE: Very good. CHAIRMAN CARTER: Mr. McNees. MR. McNEES: Your first registered speaker is Ken Harrigan, who will be followed by Neil Dorrill. COMMISSIONER MAC'KIE: I'm sorry. I should have said this already. Continuing with the prior position I've taken, that I have had a conflict of interest on this matter, or at least there would be the -- what is that word? CHAIRMAN CARTER: Perception? COMMISSIONER MAC'KIE: Perception of one, I am going to abstain. CHAIRMAN CARTER: I understand, Commissioner Mac'Kie. You've always abstained from this and for the same reason. It's certainly valued by this Commissioner because of the position you find yourself in. COMMISSIONER MAC'KIE: Very reluctantly. CHAIRMAN CARTER: Yes. MR. HARRIGAN: My name is Ken Harrigan. 7910 Cocobay Drive. I'm speaking on behalf of Paul Slater, who had to leave earlier. And his address is 7945 Via Vecchia in Bay Colony. About two years ago the legislative delegation from Tallahassee was persuaded that a majority of the residents of Pelican Bay did not want cityhood. This assessment was made after a full and complete provision of information to all Pelican Bay property owners by both sides of the argument, including numerous meetings at which the issues were openly discussed. Since then, Pelican Bay residents have kept a wary eye, really, on the progress of the various new ¢ityhoods that have been created in Southwest Florida. Without doubt, the overall majority of property owners would vote in favor again of the status quo. That is the structure prior to the recent establishment of a dependent district. That decision by the Board of Commissioners was based on false information that a majority of Pelican Bay residents were in favor of closing the MSTBU and replacing it with an elected board, an imaginative team to run a new dependent district. Page 149 February 27, 2001 Now, no poll was taken of either property owners or resident taxpayers. No information was sent to property owners or their condominium associations concerning this issue. Apart from the required public notice of this item appearing in the Commission agenda last summer, when seventy-five percent of the property owners were absent, there was no information provided to the community. The Pelican Bay Property Owners Association represents only a small minority of Pelican Bay property owners. And the only information received by the community was an after-the-fact report, which was included in the community newsletter produced by the Pelican Bay Foundation, which runs community affairs. And residents returning in the fall were faced with a fait accompli. And I must say, we're outraged. Furthermore, the proposal to elect a first board was also handled, I must say, in a secretive fashion with minimal communication to the Pelican Bay community. No information on issues were circulated and no public meetings were held. As a result, seven of the proponents of this change elected themselves by default last week. Now, this is an outrage. Election by a minority. I am asking the Board of Commissioners to order a straw vote of all Pelican Bay property owners to establish what community government it wants. Let democracy take over. If the majority vote is to keep the original status quo, then the Board of Commissioners should abide by that result and rescind the dependent district's decision and revert to the MSTBU as the interface with the county; albeit with an elected board. CHAIRMAN CARTER: Thank you. Next speaker, please. (Applause.) MR. McNEES: Mr. Dorrill has indicated he's here, if you have questions. CHAIRMAN CARTER: Just as a point of reference, it was not a secretive process when people went down and filed at the board supervisor's elections or run for that office. There were 4,400 people who were registered voters in Pelican Bay that had that opportunity. That seven people and seven people alone did that, I don't have any control over that, ladies and gentlemen, but it was due process under the law. Page 150 February 27, 2001 And when you talk about again electing people, it has to be by registered voters. I own property out of state. They take my taxes. They love the dollars. But I have no voice in how they run that community because I am not a registered voter of that state. MR. DORRILL: Mr. Chairman, Commissioners, my name is Neil Dorrill. I am here this afternoon on behalf of the Pelican Bay Property Owners Association to provide you with a chronology for the new board and also with some facts concerning the recommendations that were ultimately adopted and forwarded to you. Dr. Richard Woodruff, the former city manager, and I were -- CHAIRMAN CARTER: By the way -- excuse me, Neil -- that is in a packet I've provided all Commissioners, if they want to follow with this. MR. DORRILL: And I'm aware of that. Dr. Woodruff, former city manager, and I were engaged in February of last year, actually February the 16th, to provide for an analysis of both the Master Homeowners Association, which is known as the Foundation at Pelican Bay, and also options for the future governments of the community as we near the end of development on the part of WCI. And the process was engaged and kicked off and announced actually on February the 16th. As part of the recommendations that were made, we were asked to do so and be prepared to present them at the annual meeting of the Property Owners Association before the end of last season, when people were nearing the time when they returned home around Easter. That was done in the final alternatives report from both Dr. Woodruff and I. There were two separate reports. They were issued at the end of March and on April the 17th concerning the options that were going to be pursued. There were any number of meetings. But over the course of the spring and the summer of last year in the year 2000, there were no fewer than twelve public meetings that were held; public meetings that were either advertised or were required public meetings of the MSTBU. And over the twelve public meetings that were held, all of which were in the community, there were four different drafts of the ordinance that were reviewed over the course of the late Page 151 February 27, 2001 spring and summer. The ordinance in question, I should tell you, was prepared by Ken Van Assenderp, who is Florida's preeminent attorney for special purpose district governments. And in particular, he is perhaps Florida's preeminent expert on Chapter 189 and Chapter 190 special district governments in the state of Florida. And while they have offices in Pelican Bay, Ken actually works out of Tallahassee. But he is the gentleman who drafted the initial ordinance and then who provided the legal sufficiency for each of the four drafts and revisions that were made prior to what was then the public hearing that was adopted -- initially advertised for the meeting of November the 7th, I believe, and then continued at the request of the county until the meeting of November the 20th, when it was adopted at a second public hearing. During that particular point in time, I will tell you that presentations were also made to the foundation, which is the Master Homeowners Association, the Presidents Council, the Commercial Area Association. None of those meetings are part of the meetings that I have just referred to. The twelve meetings that took place in the community were public meetings or annual meetings of either the Property Owners Association or the MSTBU, which is the district that is and was in place. So I wanted the audience and the Commission to be aware of the fact that it is disturbing when that amount of effort took place to hold that many single-purpose public meetings in one community over the course of the year, but then to have -- and you may yet hear this afternoon -- the fact that the public input was not sought or the public was not afforded an opportunity to participate in the process. When in fact the issue is that the public revised the ordinance on four different occasions and the revisions were all made to the extent and then ultimately approved by a majority vote of the advisory board that was in place prior to this. And it was also approved by the Master Homeowners Association, their board, which is the Foundation. And it was also approved by the Pelican Bay Property Owners Association as part of a second discussion that was held at the annual Page 152 February 27, 2001 meeting this year. You may elect to do something other than what has been done. But I will tell you that, as someone who has spent their entire adult life dealing in local government issues, straw ballots don't have a very good history in this particular county. And for that matter, straw ballots don't have a very good history at the local government level pretty much anywhere that you look; either at cities, towns, villages or counties, for that matter. Nonbinding straw ballets may cause you more trouble than what they are worth. I have provided only facts and information. And I would be happy to answer questions other than that. I appreciate the opportunity to be here. CHAIRMAN CARTER: Commissioner Henning. COMMISSIONER HENNING: Mr. Dorrill, Pelican Bay Property Owners Association, how many members are there? MR. DORRILL: I don't know. You'll need to ask someone other than myself. I am told several thousand. That is not the Masters Homeowners Association, which is a mandatory organization. The Property Owners Association, as I understand it, is a voluntary organization, but they have several thousand members who pay annual dues of some type. COMMISSIONER HENNING: I would like that, if somebody has that. MR. DORRILL: I'll let somebody know. CHAIRMAN CARTER: Mr. O'Connor, who is signed up to speak, I think can answer that question for you. MR. O'CONNOR: You want me to answer it right now? CHAIRMAN CARTER: We'll wait until you come up, Mr. O'Connor. COMMISSIONER HENNING: Thank you. MR. McNEES: Johan Domenie, followed by Lou Vlasho. COMMISSIONER FIALA: May I say something? CHAIRMAN CARTER: Oh, sure. You may at any time. I just thought I'd get them on the on-deck circle. COMMISSIONER FIALA: And I'll make this brief also. I just wanted to mention, a couple of people have asked me why I brought this up rather than Commissioner Carter. And I want to tell you, there is nobody that is more faithful and loyal to Pelican Page 153 February 27, 200t Bay than Commissioner Carter. And he is a pleasure to work with. I think it's because I don't live in Pelican Bay and because I have no ties there that it was easy for people to approach me. I found that there was a lot of confusion on people's parts. They didn't understand this issue. And I wanted to bring it back up to make sure that everybody knew what they were voting for. They could have their questions answered. And that's why I'm bringing this forward. And then I wanted a straw poll. I think that when information isn't there, even though Neil has just told us that they had plenty of opportunity, I know, like in the triangle area, there wasn't that much information. Nobody came out to any of the meetings and then afterwards they said nobody told us. And we had been working at it for two years. So I wanted to give everybody this opportunity, and I thank you for allowing me to do that. CHAIRMAN CARTER: That's why we're here this afternoon. MR. DOMENIE: Thank you. Good afternoon, Commissioners. My name is Johan Domenie and I have been a registered voter in Pelican Bay for fourteen years. I too am a concerned citizen and therefore try to keep up with events. How? I'm a member of the Board of the Pelican Bay Mangrove Action Group. I'm a member of the Board of the Property Owners Association of North Collier County, and had the pleasure of hearing Commissioner Fiala last night. I am the Pelican Bay representative of the Community Emergency Response Team. I am co-chair of the Community Affairs Committee which, incidentally, is not a part of the Foundation; which since October has held five advertised meetings. These meetings are advertised on Channel 44, our own channel. And these meetings have been held at Hammock Oak. These meetings have all been aimed at governments in Pelican Bay. And these meetings are all in addition to the meetings which Neil Dorrill mentioned. The last meeting on February 6, featuring our own Commissioner, Dr. Carter, was again posted on Channel 44, advertised in the Pelican Bay Post, which is mailed free of charge to all properties in Pelican Bay, and on posters at the Page 154 February 27, 2001 Commons and Hammock Oak. I think Frances Barsh and Charlie Popper can readily testify how embarrassed I was when less than twenty people came to hear Dr. Carter two-and-a-half months after the ordinance was passed. The MSTBU meets on the first Wednesday of each month, at which many financial affairs regarding Pelican Bay are discussed. But on some occasions there are more board members present than people in attendance. And oh, yes, I am one of those terrible people in that vile, detested, secretive, dishonest, sneaky and lying Pelican Bay Property Owners Association. COMMISSIONER MAC'KIE: Was that a confession? MR. DOMENIE: No. That's what people call us. COMMISSIONER MAC'KIE: Just teasing. MR. DOMENIE: But I'm here on my own and not representing the Pelican Bay Property Owners Association. All I want to tell you is, I am involved and I am interested. I am an interested voter. I would like to add something. The U.S. Constitution was drawn up by people with good intentions, yet it was not perfect. We added the Bill of Rights and have since added twenty or more amendments to the Constitution. The ordinance can also be amended, if necessary. I ask a question to the audience. Why are we being so antagonistic? We all want Pelican Bay to be the best in the world. Instead of fighting, why don't we extend our hands out to each other to resolve any potential differences? Why don't we? Frances and Charlie, will you invite Lou Vlasho, if he's willing to, president of the MSTBU and president of the Presidents Council, to appear at your meeting tomorrow morning at 8:30 so that he can answer all your concerns? Would you do that? May I have an answer?. MS. BARSH: Why not? MR. DOMENIE: Okay. Charlie? MR. POPPER: Perfect. MR. DOMENIE: Lou, I've put you on the spot. MR. VLASHO: Yes. COMMISSIONER MAC'KIE: Did he say he would go? CHAIRMAN CARTER: All of them would go. Page 155 February 27, 2001 MR. DOMENIE: I guess so. I would also like to ask Charlie and Frances if they will support our effort of -- this is the Community Affairs Committee, effort on March 6 at 7:00 at Hammock Oak to hear the seven candidates in a forum which the Community Affairs Committee is conducting. I've asked the seven -- I didn't know how many candidates there were going to be. I've asked the candidates to prepare three minutes, prepared statements, followed by questions from the Community Affairs Committee, followed by written questions from the audience, followed by a two-minute closing statement. I think that would be something very fair. And let's not get embroiled in the pros and cons there of the ordinance. Well, that depends how it's interpreted. (Inaudible comments from the audience.) MR. DOMENIE: That depends on how it's interpreted. CHAIRMAN CARTER: The man has the floor to speak. Anybody that is signed up to speak may come to the podium and do that. They are not candidates -- to correct that -- because only seven people signed up. It is like having one person run in a primary. That means those seven people would be the new supervisor. MR. DOMENIE: Except that we don't know who is running for one-and-a-half years and who is running for three-and-a-half years. CHAIRMAN CARTER: Right. You don't know what -- THE WITNESS: That still has to be decided. CHAIRMAN CARTER: MR. DOMENIE: Right. questions? CHAIRMAN CARTER: And you don't know at this time. Thank you very much. Any Thank you. Next speaker, please. MR. McNEES: Your next speaker is Mr. Vlasho, followed by Peter Gerbosi. And I will explain, just for the benefit of those who asked, there were many of you who asked to speak last. And since only one can, we take them as they come. MR. VLASHO: Good afternoon, Commissioners. First of all, I would like to say, my name is Lou Vlasho. I'm an eleven-year resident of Pelican Bay, currently chairman of the MSTBU and also currently serving my third term as president of the Presidents Council. First, Commissioner Mac'Kie, I'm really sorry that you have Page 156 February 27, 200t to recluse yourself. I have no idea where you would be on this issue, but I really think that's a stretch and it's a shame because I would rather have you hear the discussion and vote the way you think you should vote. COMMISSIONER MAC'KIE: Can I just tell you, I would rather be criticized for not voting than for voting when I might not should. So it's a close call and I just have to do what I think is right. MR. VLASHO: I understand. In my opinion, it's not a close call. You're bending way backwards. The second thing I'd like to say, Neil Dorrill and Richard Woodruff were consultants to the committee that worked on this ordinance. We were not led by Neil Dorrill and Richard Woodruff. They were the consultants, and the input and direction came from the subcommittee. I wrote a letter that I believe has been given to you dated February 20th, which I did as good a job as I thought I could on a couple of pieces of paper to summarize the whole situation. I won't try to repeat that, but there are a couple things. In there I state that we have been called a special interest group. And we are, we're a special interest group that is interested in Pelican Bay. Over the course of two years we had the following people working on that small special interest group. From the Foundation we had the president of the Foundation at that time, Henry Hammel. Then we had Doug Fairbanks, who was the president. And then currently the chairman of the Foundation, Dick Census, is on the committee. From the MSTBU we had Dr. Alan Varley. And when he -- I was on it at the same time representing the Presidents Council. Now I represent both groups. Dr. Varley resigned once we thought that there was a potential that the MSTBU may be part of this discussion. For you see, we started on a -- with a blank piece of paper, not really knowing where we were going. When it became a possibility MSTBU would be involved, Dr. Varley resigned. And then the president of the property owners, Ray O'Connor, has been involved since the project started. In Pelican Bay we seem to have the issue of the year. Sometimes it's the widening of the berm. Sometimes it's this or Page 157 February 27, 2001 that. This is the issue of the year. So while my motions are, why are we doing this now, again, after what -- I believe we did follow the procedures and we did come to you and we did tell you, Commissioner Fiala. We didn't mislead you at all. I don't know if that was your statement or not COMMISSIONER FIALA: I don't think you did. MR. VLASHO: -- but that's the way it was reported. COMMISSIONER FIALA: No, no, no. I didn't ever think that you misled me. What I felt was that a lot of people did not understand or were not here for the information. I don't think you misled anybody. And if you took it that way, please understand I never meant that; never even said that. MR. VLASHO: But, you know, how can anyone stand here and be against Pelican Bay residents wanting more information or an opportunity to voice their opinion? I'm not against that. But where were these people? And I see good friends of mine in the audience. I know there were seventeen to twenty meetings. Where were they when the MSTBU meets, when we meet in an empty room? Where were they at the Foundation meetings? Where were they at the property owners meeting? And more importantly, where will they be tomorrow when this issue is resolved one way or the other? They will go back and they will go on with their lives until somebody, a small group, using, in my opinion, alarm gets them excited and gets them out. We have been accused of doing this in the summer, at night, ramrodding it through. I don't think that's fact. On the other hand, I could also perceive that this meeting and being on the agenda today is a ramrod. To hear about it -- to read about it this morning and get a call at about 11:00 that we are on the agenda is a little bit of a ramrodding. COMMISSIONER FIALA: Actually I wasn't even going to call for anybody to speak. All I was going to do was ask to have a whole town meeting where everybody could come at that point in time and you guys could supply everyone with your ordinance. And I'm taking your time, so you have a few more minutes, okay. Supply everybody with your ordinance, have them read it beforehand and then come to that meeting and ask the questions. You explain it. I would bet you -- Page 158 February 27, 2001 MR. VLASHO'. I have a suggestion for you. COMMISSIONER FIALA: By the way, I will bet you dollars to doughnuts that everybody will go along with it. It was a great piece. I read it. But I felt that they should have the opportunity, being that I had so many calls. Go ahead. MR. VLASHO.' I understand. And you know, I don't want to be here picking on my friends for issues, you know. We were -- we don't know the financial impact. We said we have a $4 million budget. We believe we'll be at a $4 million budget when the new supervisors take up. On the other hand, we get numbers of 500,000, 600,000 thrown out against us, saying it's a big increase in cost. The tax issue, we're going to be able to tax whatever we want. We, the new board of supervisors, because I wasn't a candidate. And I was purposely not a candidate because I didn't want my particular preconceived notions to have an impact on the future. I will be available to the board of supervisors for whatever help they need in the transition. So that I don't use my time up, I want to conclude by saying, if you have your town meeting, I would be in favor of the Commissioners having an unbiased town meeting. I would suggest before that's scheduled, though, that you engage Ken Van Assenderp to come down and explain the differences between the new ordinance and the prior ordinance. And I think the community, I agree with you, would not have any problem with this ordinance. And I just think that it's a shame that we get to bickering and we have to take your valuable time to redo and rediscuss something that has been put to -- really been finalized several times with all the discussion. So if you have that kind of meeting, I will endorse it. Because the last thing we want to do in Pelican Bay is have people feeling that something was pulled over there eyes, and we don't want that at all. COMMISSIONER FIALA: And maybe this meeting will be a come-together, where everybody can understand. MR. VLASHO: MR. McNEES: David Roellig. MR. GERBOSI: Drive, Pelican Bay. Thank you. Mr. Gerbosi. And the next speaker will be My name is Peter Gerbosi, 768 Willow Brook Page159 February 27, 2001 Commissioners, I spoke before you on January 28th regarding this very same subject and I'm going to repeat a comment. I don't know whether I'm for or against this ordinance. But I would like to have had the opportunity to review it and vote on it. I was not given that opportunity. (Applause.} MR. GERBOSI: You have had a previous speaker state the Constitution. I would like to state the Declaration of Independence, which gives us the right for the pursuit of happiness. (Laughter.) MR. GERBOSI: They said the meeting was advertised. I have lived in Pelican Bay for two years. I don't watch Channel 44. I have to work. I get home in the evening. My wife keeps me occupied. How was it advertised? The Foundation felt it was important enough to make changes in the grounds. They sent out an-eight page questionnaire to every homeowner asking their opinion, whether they can do this, whether they can make changes. A matter such -- as important as this, we never got one thing in the mail. Wasn't it just as important to send something out to every homeowner and ask them? They stated that they based their opinions on a survey conducted in the past. 1994, seven years ago. This poll was sent out, a straw poll to all members of the Pelican Bay Property Owners Association, not to all owners. Only 3700 ballots were sent out and only sixty percent were returned; and of these, only fifty-one-and-a-half persons approved for incorporation. That's about a thousand people. We've already collected over a thousand petitions saying we don't want it. In fact, Frances somebody handed me a petition on the way over here that I want to add to the pot. A poll was taken seven years ago, as I said, which does not represent the property owners of today. Over forty percent of the property in Pelican Bay in 1994 was not even developed. All of these new residents did not have an opportunity to vote. There's been a twenty-five to thirty percent turnover in owners since 1994. All of these new people have not had an opportunity to vote. Homeowners who were not members of the Pelican Bay Page 160 February 27, 2001 Property Owners Association have not had an opportunity to vote. We don't get advertising. How is this advertising? I didn't hear a thing about it until after the fact. I'm against this ordinance and I request the Council to repeal it and to conduct a straw vote. If everybody is in favor and as I may be after I have had an opportunity to review it and vote on it, so be it. But this is the way I feel. Anybody else feel like I do? (Applause.) MR. McNEES: Mr. Roellig. CHAIRMAN CARTER: Dave, I know it's coming up next. I'll remind you of some procedures in which I'll have the county attorney at the end address on the issues of straw votes and whose vote would count, whether you have to be a registered voter in the state of Florida. Because let's say that eighty percent of the people who are property owners and not registered voters said, "We don't want to change it," that's no different than any other place that I know of where that is not how it works. Ordinances can only be passed by county commissions, cities and state legislatures. And the people who act upon those have to be registered voters when it comes to making those kind of decisions. It's not Jim Carter's law. It is the law of the State and generally the law of the land. So I'll look to the county attorney to address that so we don't have more confusion about what we can accomplish and cannot accomplish. David. MR. ROELLIG: Thank you. I'm David Roellig. I live at 6000 Pelican Bay Boulevard. I'm a member of the MSTBU and have been for about three years. I serve with Lou Vlasho and other folks on the eleven-member board. We have considerable differences of opinion. Mr. Vlasho and the proponents of this have indicated there's been meetings for two years, that there have been many opportunities for the public to be informed. I just want to get a little history. The spring of year 2000 the Pelican Bay property owners funded Mr. Dorrill to come up with this ordinance, which he took to his firm, and it was presumed to be one of the top in the state. Page 161 February 27, 2001 Now I'm going read to you some of the things that were brought before the MSTBU board. There is a transcript taken at the board meeting and this was taken -- this was our September 6th meeting. Mr. Marvin Peterson, Pelican Bay Property Owners Association: The board of the property owners are not involved in the detail of this ordinance. We agree to fund the project and then we put the responsibility on the MSTBU because that is your area. To say that they've looked at this for two years at twelve meetings, here is the Pelican Bay property owners saying they haven't looked at the details. Well, anybody who wants to look at a legal document that ran, depending on how big the type is, twenty-five to fifty pages knows that the devil is in the details. The same meeting Mr. Peterson also said: We are not looking at this ordinance. We are relying on you people to do that. I could tell you that I have never reviewed this ordinance or reviewed comments on this ordinance because I thought it was deeply flawed, and many other members thought so also. At our next meeting, October 4th, year 2000, reading from the transcript, Mr. Roellig said: At the last meeting Mr. Marvin Peterson was here and made some comments. And as I understand, he's a board member of the Pelican Bay Property Owners Association. Mr. O'Connor, who is the president of the Pelican Bay Property, replied that: Mr. Peterson is the vice president and acts in my absence. Mr. -- or I mean to say, Mr. Roy said that Mr. Peterson said that we have done -- this is referring to Mr. -- we have done nothing except to spend the money which we got from our people. Mr. O'Connor replied -- because there was quite a lot of discussion, but I'm picking out sentences here. Mr. O'Connor replied that at the time Mr. Peterson had spoken, which was in September, we had not had any meetings. We did not have any meetings from June through October. We met yesterday, which would have been October 3rd, prior to your meeting today and we went over the entire draft to be presented to you. The meeting lasted from 3:00 to 6:00 p.m. A group which was dedicated to looking at and discussing Page162 February 27, 2001 this ordinance, which we have distributed to our board so that it could be fully -- to have the opportunity to read it. My point is, that as of October the Pelican Bay property owners who have paid for this have not reviewed this thing. To say that there have been informed meetings when the details have not been reviewed by the property owners or by the MSTBU is false, is absolutely false. And I object to people saying that there have been a lot of meetings and people should have gone, and it's a problem of the people in Pelican Bay that they didn't go to the meetings. The Pelican Bay property owners were not ready to make a stand on this until October, so there's only been a few minutes -- months ago. I think the property owners -- but I continue to say that by placing the blame on the people for not being informed is an absolute falsehood. Because the property owners were not informed until no sooner than early October, so all these meetings that were in the past were general and not specific. As was mentioned previously and as I understand, there are -- well over a thousand petitions have been signed in the last week or two. Just a little more. Pelican Bay is in an uproar over this. And I think what we really need is a cooling-off period. Passions are high. People are outraged. I don't think we're ready for a cool discussion on this, personally. I think it would be well to repeal this ordinance and wait a year or two and start a cool dialogue on this. As far as the election goes -- CHAIRMAN CARTER: David, I'll have to ask you to wrap up, please. MR. ROELLIG: All right. Thank you. I feel the reason there were no candidates other than the seven that -- is that there are a vast number of people who are opposed to this ordinance and would not run. I would not run because I'm opposed to this ordinance. And I don't think the ordinance would be easily implemented. And I think it's an outrage that we would now have a nonelection and have people on there that were not appointed by the board or elected by the people. Thank you. Page 163 February 27, 2001 (Applause.) CHAIRMAN CARTER: Next speaker, please. MR. McNEES: The next speaker is Charles Popper. He will be followed by Harry Van Benschoten. MR. POPPER: I was going to say good morning, Commissioners, but it's now almost cocktail time, so I'll try to make this brief. COMMISSIONER FIALA: Good evening. MR. POPPER: My name is Charles Popper. I live at 7086 Villa Lantana. I have been a resident of Pelican Bay, as I think I've told you at the last meeting, for on to thirteen years. I was part of the -- well, I sat two seats on the Pelican Bay MSTBU. I was the vice president of the Foundation. And I think I had at one time a very good grasp of what was going on in Pelican Bay. Mainly there were the proponents of incorporation and the people that were very comfortable with the status quo. And I think, unfortunately, today we're faced again with the same situation. Call it by any other name, it's still cityhood incorporation. It's not the status quo that the people in Pelican Bay have enjoyed for the last twelve years since you have started the -- or since the MSTBU has been started. Let me refer to my notes because I spent about three hours writing this. But I feel that some of these things should be said. Oh, before I get into that, the meetings that we're talking about, that twelve, fourteen, eighteen meetings have been held, I can tell you for a fact because I've looked at the minutes, very, very few people attended those meetings. So with the idea that everybody has been known -- has known about it is a true -- absolute untruth. It's a fallacy. It's a misstatement. When I served on the MSTBU board, especially over the summer months, we were lucky to have three people in the audience. When I served as vice president of the Pelican Bay Foundation, we were lucky to have more than fifteen, twenty people in the audience in the height of the season; even during the times when it was budget time. Now, it's very easy to put the onus of responsibility onto the residents. And I think that's wrong. Because I think for an issue Page 164 February 27, 2001 of governance that controls our lives and our future, the amount of money that we pay in Pelican Bay, there had to have been a far greater effort. And you can say, "Well, what was the effort?" First of all, you don't do this in the twilight hours. You don't do it in the summertime. You don't do it in the spring after Easter when you know fully well that all the people leave Pelican Bay. You do it in February, when the issues are here. We had over a thousand people that have signed petitions and every day they are coming in more and more. And the fact that people are incensed today. When we started this grass roots -- and it seems to be that Frances and I have been tagged with this. I can assure you that some of that may be true, but we have had a grass roots formation of people that are very, very unhappy. And they would say to us as, you know -- as once we get our information out, for instance, that this new seven elected supervisors have unlimited powers to increase the ad valorem tax up to two mills. A, we found out that that's unconstitutional. You have to have a referendum for that. CHAIRMAN CARTER: I have to correct you, Charlie, but that is not true. County attorney just shook his head. MR. POPPER: That's fine. But -- CHAIRMAN CARTER: And also to say this. They compressed the millage under this ordinance. There was an out -- in the old ordinance the county could assess ten mills. The taxing authority could assess ten mills. That's twenty. I'm not saying it would ever happen, but the potential was there. Under the new ordinance it's been compressed to ten, a combination of the county and the taxing authority. I'm not taking away from your time. But I just have to -- MR. POPPER: Commissioner, please. I would like to have a dialogue with you, but I'm sure this is not the time. We've done that before. CHAIRMAN CARTER: I just -- MR. POPPER: My only point is, then why write it into the ordinance? The other point is that the ordinance calls for the clerk, the superior -- the clerk of the works here in -- what is it? CHAIRMAN CARTER: Clerk of courts. MR. POPPER: Dwight Brock. Page 165 February 27, 2001 COMMISSIONER MAC'KIE: Right. MR. POPPER: Thank you. Dwight -- Mr. Brock, it's unconstitutional for him to handle the fiduciary responsibilities of Pelican Bay. Now, you may want to disagree with that. But as of two days ago, we spoke to him. And to the best of my knowledge, that is still part of the flaws of this ordinance. We now can have bond issues. We can now have the authority to finance and construct facilities. I wonder why we are going to construct a facility in Pelican Bay. Garages? I doubt it. Office buildings? There are enough office buildings. But maybe it would be nice to have a city hall, which is at the basis -- CHAIRMAN CARTER: Where would you build it, Charlie? You have to help me on it. Where would you build it? (Inaudible comments from the audience.) MR. POPPER: Wait a minute. Please. CHAIRMAN CARTER: I'm just asking some questions here. MR. POPPER: Commissioner, I -- excuse me. CHAIRMAN CARTER: I'm not on anybody's side. But if you want to get -- MR. POPPER: Excuse me. Let me answer your question, please. CHAIRMAN CARTER: -- an answer to the question, you have to ask, where is the land to do this? MR. POPPER: Let me answer your question. CHAIRMAN CARTER: Okay. MR. POPPER: Excuse me. CHAIRMAN CARTER: I'll give him the time. MR. POPPER: Let me answer your question. I didn't write the ordinance. That was written by the proponents here to have cityhood. Where --where -- I don't know. Why put it in the ordinance? Why make it so complicated of having twenty-six pages of legal terms and of the authority and to hire. We now have to hire a full-time manager. Prior to that for twelve years we seemed to have been very satisfied with a part-time manager who we pay a fraction of what the new manager will undoubtedly cost. We now have -- or excuse me -- the manager has unlimited Page 166 February 27, 2001 powers to hire, to determine compensation. The ordinance calls for a treasurer, the -- an attorney. It calls for six or seven positions that have to be filled, plus secretarial and other. And this is all listed on page 13 of the ordinance, if you would care to take the time to look. Because the opposition here or the proponents are going to tell you, "This is not going to cost you any more money. All we want to do is to elect seven people and have the ability to have control of our own destiny." To this date I am not able to determine what that means. It cannot be explained to me. One person said, "Well, there was a person that had to have an increase and we had to have dialogue because we couldn't get the increase." Well, I cast my mind back to when I was in business. Somebody would come to me and ask for an increase. It would not be automatically given. We had to have reasons and so on and so forth. That person eventually got the increase. But more importantly, the idea that you have to have control of our own destiny. And that these people, the seven people that are elected will be more responsible -- let me quote to you. The new board of supervisors will be more responsive to our desires and more accountable. Well, I take real issue with that because I think that's really a slap in the face of the people that have served this community, past and present, who have devoted their times for hours at a time and not received any remuneration for this. And they have done, I think, an outstanding job. There is absolutely nothing wrong with the way Pelican Bay is situated at this point. We have the new monuments coming in on 41. They are the ones that did all of the mangrove issues. They are the ones that have taken care of the streetlights and the new signage in Pelican Bay. And I ask you all, you know, what is wrong with the way this community has been run to date? And yet, I cannot get a definitive response to that. That really gets to the core of the problem. What we're looking at here is a few people, a few people that are determined and hellbent on having cityhood. And this is the closest thing. And Mr. O'Connor, at the May 3rd meeting -- and it's in the minutes -- stated that: If you like this new ordinance and you Page 167 February 27, 2001 wish to have more independence, the next step is an independent fire district, which does not report to you folks here, and then we can go on to cityhood. Now, that was stated -- that's in the May 3rd minutes. And then we have Mr. Vlasho who comes in and says, "There has never been any discussion whatsoever about the idea of cityhood.' You know, we have been accused of scare tactics. I guess our only thing that we will accept as a fault is that we are being a watchdog. And we are very, very concerned at the manner in which this was promulgated to start out with. We are distressed that the ordinance itself is flawed. And I'm going to finish in one more minute. And the fact that this community did not have an opportunity to express itself and to vote. And with that, I would ask you all to have a straw vote or hopefully to repeal this Draconian ordinance, and to let us go back to our lives where everybody was very, very happy until this came up. Thank you very much. (Applause.) CHAIRMAN CARTER: Charlie, I thank you for your input. And Charlie Popper knows, if there's anybody in the community I respect, it's him. The questions that I ask him are questions that need to be answered. And Charlie would debate me with that all day, I know, but I'm going to defer these things to the county attorney to respond to some of these things at the end. Again, I'm going to tell you, it makes no difference to me how you want to do it, but be sure that it is factual information that is there on which you make that decision; and don't go to where the inferences may be made on either side. So I'm asking you to think that through as this is deliberated. MR. VAN BENSCHOTEN: My name is Harry Van Benschoten. I live at 6581 Ridge Wood Drive in Pelican Bay. My wife and I have been residents of Pelican Bay for more than fifteen years. I'm a registered voter of the state of Florida. And I have been very active in the last ten years in a number of matters concerning Pelican Bay. I was also recently a member of the board of the Page 168 February 27, 2001 Foundation. And I would like to address my remarks principally to the meeting at which presumably the board endorsed and recommended that somebody come before you and speak on behalf and in favor of the ordinance. I went back to the agenda and the board book and the minutes relative to the meeting of October 23rd. There was nothing on the agenda that addressed the issue that was brought up at the meeting. Which meant that none of the board members had any information in advance or any copies of the ordinance or any statements or recommendations or proposals. They came without any information beforehand. In addition to the members of the board and about a half a dozen people from management, the minutes say there were twelve outside people who attended the meeting. And let me read what was said, if I might, at the conclusion of that meeting. The item came up under what is called new business. And under new business the minutes state as follows: That the chairman reported there will be a County Commissioners meeting tomorrow. A proposed change to the Pelican Bay MSTBU structure may be presented. Under this proposed ordinance, future MSTB advisory board members will be elected by the residents of Pelican Bay rather than being appointed by the Board of Country Commissioners. The motion was made by the board to ask the chairman to attend the County Commission meeting and speak on behalf of the board's support of this ordinance. I submit to you that anybody coming before a group like that and to have the chairman address an issue and say what we're talking about is the opportunity to elect the members of the MSTBU and not to have them appointed, I doubt if anybody would vote in the negative on an issue such as that. All of the other aspects relative to the ordinance were left out in the discussion. And I submit to you, that this is what one would say, from the other side, is a representation of the board of the Foundation speaking on behalf of all of the members of Pelican Bay who are members of the Foundation. And there's no justification to make that kind of a conclusion on the basis of that one short, brief meeting and Page t 69 February 27, 2001 discussion. I would say the reason, perhaps, behind a lot of the unrest that has developed in the last several weeks, you've heard a lot said and quite rightfully so, that there's been a scarcity of information, regardless of what has been told to you. But I would submit to you that what we are most concerned with, and as Charlie alluded to, we are happy with the situation as it presently exists. There is nothing within Pelican Bay or among the residents of Pelican Bay in the majority who would come to you and say, "We are unhappy with the way in which the county is handling the affairs of Pelican Bay." Quite to the contrary, I think we're very happy. And we certainly are happy with some of the more recent developments that have taken place. So I believe a good part of our concern and our unrest is that we would much prefer to maintain the status quo than see any Thank changes made towards an independent elected group. you. (Applause.) CHAIRMAN CARTER: Next speaker. MR. McNEES: Michael Biondo, is followed by David Rynders. I don't see Mr. Rynders. If he's not here, the next speaker would be Erika Cook. MR. BIONDO: Gentlemen, my name is Michael Biondo. I'm a resident at 8773 Bay Colony Drive. Maybe six hours of listening has done something to my voice. COMMISSIONER FIALA: And to our ears. MR. BIONDO.' And I'm a concerned citizen. go through the litany of what you've just heard. I'm not going to It's obvious where the centers of concern lie. But let me just pinpoint a couple of issues. And it has to do with doing your homework. We do not feel the homework has been done in regard to this ordinance or even the recommendations of the ordinance. Within Pelican Bay, if my memory serves me right, we have an assessed real estate value of close to $2.4 billion. CHAIRMAN CARTER: That's correct. MR. BIONDO: Thank you. Memory hasn't left me. That's a lot of money. That's a lot of concern. Within that framework we Page 170 February 27, 2001 have two large resort hotels. We have the Waterside Shops. And we have arguably some of the highest priced real estate in all of Naples. We have seen no financial performers. We've seen no -- no assessment of what the added cost is going to be. And in all due deference to Mr. Vlasho and the others who say, "Well, there's not going to be any added cost," we're not naive. There's got to be added cost. All we want to know is, what will -- how do the numbers look? We've seen nothing in that regard, nothing. Legal liabilities, with the transfer of these assets, we're going to assume serious legal liabilities. What are they? None of us know. We don't have any concept of what the legal liabilities are. I mean, very fundamental thoughts. What happens if the big one blows in over the gulf and we have ten feet of sand on Pelican Bay Boulevard and we now own all these assets, what are the implications there? Where does the county interface with what this new proposed concept is all about? Again, we don't have the information. On the subject of elected officials, it's like motherhood and the flag. Who is going to argue against an elected official? Let me tell you, here's a list of the seven individuals. I don't know a soul on here. I don't have any idea what their qualifications to run for this office are. I never saw any of these names up until a couple of days ago. I notice that on the 22nd of February one Mr. David Murray withdrew. And on the 23rd, a Mr. William Ventrist replaced him. That was three days ago. I mean, how can we possibly know the qualifications of these individuals? The debate over an elected official versus an appointed official. I'll just touch on that for one quick minute. I believe that there are citizens in our community, and we've seen them perform over the last twelve years, who will accept appointment. I know I served on the MSTBU for three years. I had to submit a dossier an inch thick. And I'm pretty sure the then County Board looked at it carefully and assumed I met the mustard. But a lot of capable individuals will be willing to serve the community on an appointment basis who might not necessarily want to get involved in an election. Page 171 February 27, 2001 So to assume that elected officials are going to serve the community better than appointed individuals, I think is subject to debate. Where do we go from here and how do we resolve this? Because I, too, feel none of this, believe me, is meant -- that is, this outrage and this concern is meant to in any way cast negative views regarding how the county has managed our community. In fact, you've done such a great job, that's why we don't want any change. And it's been an excellent job. You know, coming from the philosophy if it's not broke, why fix it, is what a lot of the thinking of the community is at this point in time. We need time to fall back and review. We feel this thing moved entirely too fast. It was not thought out. The well-meaning individuals that have been involved in their various rolls in the different organizations, I'm quite sure were well intentioned. But we need to review this carefully. It's our recommendation that the ordinance either be repealed or put on the back shelf. We need a period of six to nine months to understand the dynamics of what's being proposed, get our act collected and then come back to you folks. Whether or not that takes a straw vote or a vote of the community, I don't know. But this is moving entirely too fast. CHAIRMAN CARTER: Thank you. Next speaker. MR. McNEES.' Erika Cook, followed by Frances Barsh. CHAIRMAN CARTER: How many do we have? MR. McNEES.' You have about five more. CHAIRMAN CARTER: Thankyou. MS. COOK: My name -- I should say, good afternoon. My name is Erika Cook. I live in Pelican Bay. I'm a member of the Pelican Bay Property Owners Association. I was never made aware of any meetings concerning Ordinance 2000-82. The Pelican Bay Property Owners Association only notified me after this ordinance had been passed of its existence. There seems to be a small group within the Pelican Bay community who have attempted, at one time or another, to make Pelican Bay a city in one way or another; and in each instance was refuted. Page172 February 27, 2001 Of the seven people who were recently accepted for the seven positions available for the new management team to govern Pelican Bay, six are members of the Pelican Bay Property Owners Association. And now that one of the other ones is -- that seventh one just was reappointed, that person possibly could be a member of the Pelican Bay Property Owners Association too. I don't know. I commend Commissioner Fiala for realizing that this issue needs to be readdressed and that Pelican Bay voters must be made aware of the true meaning of this ordinance and all it implies. The governance of Pelican Bay by the MSTBU has been exemplary. The selection of the MSTBU members by the Collier County Commissioners to serve on the MSTBU has been excellent. How often does a governmental body such as yours get a compliment like that? I am here today as a member of the concerned citizens of Pelican Bay because the people of Pelican Bay were never really asked if they wanted a change in their form of government; especially a change in the taxing and bonding powers initiated by Ordinance 2000-82. The MSTBU ran so smoothly that some people did not know it existed. And those that did marveled at its efficiency. And that brings me to ask, why was something changed that worked so smoothly and efficiently, and I might add, for free? The system was not broken. It did not need fixing. I suggest that you read, if you have not done so, the lead editorial in this past Sunday's Naples Daily News expressing the same concerns we, as members of the concerned citizens of Pelican Bay have, and that is one of honesty, justice, constitutionality and democracy with regards to this issue of Pelican Bay governance. I would like to have the Commissioners receive copies of this editorial and make it part of the record, please. Thank you, Commissioner Fiala, for revisiting this issue and for starting the wheels of the democratic process with regards to the issue at hand, Ordinance Number 2000-82. Thank you. (Applause.} MR. McNEES: Your next speaker is Frances Barsh, followed by Joseph Bawduniak. MS. BARSH: Good afternoon, Commissioners. I am Frances Page 173 February 27, 2001 Barsh. I'm a registered voter in Collier County. I'm a resident of Pelican Bay and also a concerned citizen of Pelican Bay, as are so many of these people here. There were more people here this morning, but they unfortunately had to leave. Henry Clay said, "Government is a trust and the officers of the government are trustees. And both the trust and the trustees are created for the benefit of the people." When you were elected Commissioners of Collier County, the people of Collier County, which includes the people of Pelican Bay, placed their trust in your judgment and your wisdom. On November 28th, at the first meeting of this board, with three newly-elected Commissioners, you were asked to make a weighty decision regarding the change of government in Pelican Bay, which affects the lives of approximately 14,000 people. Ordinance 2082 -- dash 82, was not within the knowledge of the preponderant majority of people of Pelican Bay. Ordinance 2000-82 was not brought to the people for referendum or were the terms of this ordinance presented to the people. Such a vacuum of information has poorly served the people of Pelican Bay; so too you. Our Commissioners were poorly served by an untrue picture of the sentiments of the people of Pelican Bay, as well as by a void of information and inadequate analysis of Ordinance 2000-82. You were told that there were -- would be no fiscal impact at this time. However, the core, the core of Ordinance 2000-82 is all about fiscal impact. The ordinance is flawed by repeated contradictory and conflicting terms. For example, the new Pelican Bay entity is described as cost effective, financially sound, economic, focused, single purpose. On page 5, the new entity's policy is to eliminate needless duplication of government activities. Yet, on the same page, the ordinance cites the need for the Pelican Bay area to have its own staff. Duplication? Yes. Further, Ordinance 2000-82 requires the board of supervisors to employ or contract with an independent contractor and fix the compensation of a district manager, who in turn can hire professional supervisory and electoral employees without limitation. Ordinance 2000-82 calls for a paid treasurer who, by the Page 174 February 27, 2001 way, is not -- does not have to be a resident of Pelican Bay; just a resident of the state of New Jersey. Independent accountant. CHAIRMAN CARTER: I think you mean of Florida. MS. COOK: A district engineer, a district attorney, et cetera, et cetera, et cetera. Common business sense tells one that such staffing increases cannot be more economical or more cost effective than that which now exists with the present MSTBU. As one continues analysis of Ordinance 2000-82, it becomes blatantly clear that this dependent district is not a focused or single-purpose government entity. This is evidenced by the broad powers to tax, to levy maintenance fees over and above the ad valorem, to sue and be sued in the name of the district, to condemn property, to bond without limit for forty years; and this without sunshine, publishing or posting. To adopt resolutions, it asks, in effect, to make laws. And it goes on, et cetera, et cetera, et cetera. There are serious constitutional questions posed by the ordinance, id est, the changing of the tax millage rate without referendum, requiring that -- and/or requiring the county clerk to provide constitutional oversight for a government entity whose funds can't be commingled with those of the county. The flaws of Ordinance 2000-82 preclude any sense of good or economical government for Pelican Bay. Today we have over a thousand petitions, with more coming in daily, requesting the repeal of Ordinance 2000-82. I will sum up quickly. We ask you to listen to the voice of the people. We ask you to prevent taxation without representation. We ask you to repeal Ordinance 2000-82 and return Pelican Bay to the good, economical government of our MSTBU. Your immediate action to repeal Ordinance 2000-82 is critical. Pelican Bay must be returned to an MSTBU status before the county budget cycle is completed; otherwise you and we, the people of Pelican Bay, will be left with an unfunded district. Is this good stewardship on your part? Edmund Burke said, 'A political magistracy is a great trust." We thank Commissioner Fiala in honoring the trust of the people of Pelican Bay. Today we also, we, the people of Pelican Bay, place our trust in you, our Commissioners, and we ask you repeal Ordinance 2000-82 as quickly and precipitously as you can. Page175 February 27, 2001 Don't be remembered as a Commission that left an entity, a government entity unfunded, or the highest taxed in the county. Thank you. (Applause.) MR. McNEES: Mr. Bawduniak, to be followed by Raymond O'Connor. COMMISSIONER HENNING.' Mr. McNees, how many more speakers do we have? MR. McNEES: I think these are your last two. CHAIRMAN CARTER: I know Commissioner Henning has a prior commitment. MR. BAWDUNIAK.' Good afternoon. My name is Joseph A. Bawduniak. 803 Norwood Court, Pelican Bay. I happen to be sitting at this time on MSTBU; however, I'm here as a private concerned citizen since nobody is authorized to speak for the MSTBU today. After eight years of volunteer public service, I'm not a stranger to covenants, ordinances or statutes. Last summer I was the MSTBU member who made the motion to continue the process for elected supervisors and get rid of us. Elected supervisors can be a good thing. I was trying to get myself out of a ]ob. Elect the folks that sit there. I voted to support the ordinance with great reservations. I was a vocal critic, it's public record, of the ordinance. I thought it was sophomoric, insulting and poorly done. I won't go into the details. You have heard of some of them. I voted to favor it with a great degree of optimism and a leap of faith because I had been told, again public record October, that it can be fixed by amendments. I really wanted to see elected supervisors. I no longer have confidence in the process or in the ordinance. For me to sit back there and hear that Young and Van Assenderp are the legal entity that are experts in the State is ludicrous. You all are aware of the January 4 letter from the supervisor of elections. This is 101 legal. It was not covered at all in the ordinance. At that point, after I met with the supervisor -- supervisor of elections, I became very concerned, just how bad is this? In January you were told by several of our august citizens who were very interested in the betterment of governance in Page 176 February 27, 2001 Pelican Bay that the citizens supported this. "This" wasn't defined for you. "This" at that time was, let's have supervised elections and have elected people replace the committee members on the municipal services taxing benefit unit. The "this" in issue, the meat of the matter, the nuts and bolts today and now for all our citizens is the ordinance; flawed ordinance. Pelican Bay is as apathetic as any group in the country and a bit somnambulant. I know. I'm there. But they sure are waking up now. You had a series of meetings. Many meetings we had, true. You had Dr. Woodruff, consultant, one meeting. He came in and summarized the covenants. Gone. We had Mr. Dorrill come in several times. The meat of the matter wasn't treated. You had many, many early meetings which should have alerted the citizens that something is going on. They didn't get alerted. But the meat of the matter, the ordinance, did not come to fruition until late summer, winter. I was a student of it. I've read the first fifty-seven pages, the second fifty-seven pages. And then they typed it smaller and cut down on the spacing, so it's down to twenty-some pages. Very difficult to read. A challenge. Was it made available? I had to seek it out once or twice myself. And I am on the MSTBU and wanted to stay with it. So to say it was made available, sure it's printed someplace. I attended all the meetings. I maybe missed one. The president of our existing Pelican Bay property owners, in his diligence, is to be admired for the many years he has sought to enhance governance and our control over ourselves in Pelican Bay. Unfortunately he and our very concerned Mr. Carter or Dr. Carter have not been served well by the legal firm, by Mr. Neil Dorrill to allow this poor piece of documentation to flow. And I have to admit, they have not been served well by our county attorney by omission. Why hadn't he picked up on any of these things? We have a lack of diligence here. The initial benefit of this ordinance has been defeated by the fact that not enough people stepped up. We have seven self-appointed supervisors. They weren't vetted. Page 177 February 27, 2001 Mr. -- or Dr. Carter, please forgive me. Dr. Carter vets people he puts up. Made me feel very good to hear about his process. I respectfully request -- and I'm concluding now, thank you -- please determine if the citizens of Pelican Bay want this. I don't care how you do it. I don't know how good a straw vote is. Have a town meeting. A straw vote might be better because more people will respond. Find out what the citizens want, react to that and not to a group of board members who are not really fully aware of the consequences and some of them aren't yet, and who pretend to speak for the many. Thank you very much. (Applause.) MR. McNEES: Mr. O'Connor. And I understand Paul Slater has left, so we just have Mr. O'Connor. MR. O'CONNOR: I'm Raymond O'Connor. As been noted, I'm the president of Pelican Bay property owners. I have been a resident of Pelican Bay since 1994. I have been president of the Pelican Bay property owners the last four years. And I have been a member of the board of the Pelican Bay property owners for five years. I think, just to set the record straight, we have 3,500 households, which compute out to about 6,000 members. It's a voluntary organization. You don't have to belong to the property owners if you don't wish to. When we first started out on this effort, I have had the governance committee of the Pelican Bay property owners expanded to include people from Mr. Paul Slater's opposition group to the incorporation effort. I had people pro incorporation. I had people pro annexation to the City of Naples. And we discussed this. In fact, the prior speaker was a member of that governance committee. We discussed this for about a year and a half and then decided to form a subcommittee of the four ma]or organizations within Pelican Bay to see what we could do about getting some more representation for the people of Pelican Bay. We approached -- I think through Dr. Varley we approached the County Commission to see whether or not the current MSTBU members could be elected. We were given an opinion back that the MSTBU, because of the nature of the ordinance, could not elect the members of the Page178 February 27, 2001 MSTBU. They had to be appointed by the Board of County Commissioners. So then we remembered what Pelican Bay had in the beginning of its inception and that was a Pelican Bay services district, where there were elected people running Pelican Bay. And they were in existence up until 1990. And at some time just after that the county took over the operation of Pelican Bay and put in this board that -- this MSTBU board of appointed people. Now, I point out to you, Pelican Marsh, a new development, is going to have their first election for their supervisors. And all new -- all new developments within the state of Florida will be permitted to have elected members on their board. The reason Pelican Bay cannot have any is because we were never grandfathered into that legislation. Now, the charge has been made that we want to spend about 500- to $700,000 to hire a manager and staff. We have a manager. He's paid $48,000 a year and we have twenty-six people on staff, including a full office staff. And I can see no reason to hire anybody else. The manager's position is out for bid, as is the usual bid process within the county. We're waiting a report back from the people of the county who handled the bid as to who bid for the job and how much they want in compensation to manage the new district. In the meantime, the current manager stays on a month-to-month contract. You've already heard about how we're going to raise taxes and I think that question has been answered. I think the bond issue is a red herring. I don't see any reason to even have a bond issue at this time. There's no purpose for one. I think it's boilerplate language that happens to be in the ordinance. They want everybody to vote in Pelican Bay, whether they are registered to vote or not, just because they own property. Well, I can't give them that right and neither can you. That's a state law and I think it's a federal law as well. You can only vote in one place. You can't vote all over the country just because you own a piece of property there. Pelican Bay can be sued and we'll be liable for our lawsuits. Well, we've been told that that's not true. Since we're a dependent district, we come under the umbrella of the county's Page 179 February 27, 2001 liability process. And that the county attorney would represent us in any lawsuit and we would not have to buy legal services if we were ever sued for any reason in Pelican Bay. They make a lot out of the fact that they brought in here a thousand petitions. Well, here's one of their notices for a meeting. It says in here: This action was advocated by special interest group without knowledge or ratification of the members of our community. And this change can increase your taxes and affect our community as we come to know it. If I were to submit to the community of Pelican Bay an issue and said that this issue if adopted will raise your taxes, I'll bring 10,000 petitions in here before you. The minute you say, "raise taxes," people are going to sign anything without knowing what they are talking about. The other issues in the ordinance are not discussed. They are going to raise taxes. This is a special interest group. Well, the other -- excuse me. I'll wind up. I'm one of the five people running for this office, and I'm running because nobody else put their name in. Five of those gentlemen that have put their name in I never met. I never heard their name before the day it was up for election. And if that comprises -- (Inaudible comments from the audience.) CHAIRMAN CARTER: Other people -- MR. O'CONNOR: I never heard their name. CHAIRMAN CARTER: Let him finish. Everybody has had their chance. MR. O'CONNOR: If that comprises a special -- if that comprises a special interest group and those people are labeled with that kind of a label, I wouldn't be surprised if they withdrew their nomination. I wouldn't want to be labeled as a special interest group if I was bringing myself forward to run for an office that these people had an opportunity to run for. You, Ms. Fiala, and I think you, Mr. Coletta, told them that they should run for the office, when they came here the last time, if they had opposition to it. Not one of them saw fit to put their name forward to run for one of these offices. Page 180 February 27, 2001 If we could have got other candidates, I would have been glad not to run. I will continue to serve as president of the property owners for my final year and retire and rest on my laurels, or whatever they may be, when my time is up. But thank you for listening to me and I just wanted to set the record straight. (Applause.) CHAIRMAN CARTER: All right. That concludes our public speakers. I would like some comments from legal because some issues have been raised and I think they need to be clarified, legal liabilities from your point of view, Counselor, transfer of assets, the legal implications of what's going on here, the taxing authority -- MR. WEIGEL: Sure. CHAIRMAN CARTER: And bonding. I think those are two issues -- those are a couple of issues that need to be addressed so that we get your input on this. MR. WEIGEL: Okay. And I think I'm going to talk to you and the public about the straw vote also. CHAIRMAN CARTER: Yes, we need to do that. MR. WEIGEL: Thank you. All right. There are several issues. Obviously many of the speakers touched on some of the points that, having been asked, I'm happy to respond to. First I'll mention that Mr. Carter mentioned early on the agenda item about a straw vote. And if the Board should opt to go for one here, of course they would have to determine what the question would be. A straw vote typically is a straw vote that -- vote within a district or within a -- within the county which is conducted by the supervisor of elections. If it's conducted by the supervisor of elections, they -- it is an election with the registered voters. Anything other than that is not a typical straw vote, as you talk about using the elections supervisor offices, as far as that goes. There can be a polling that's done, could be done by mail, by the county staff using the county appraiser property ownership records or tax collector's addresses, things of that nature. It's not a straw vote. It's a poll. It obviously would -- could be distinguished and Page 181 February 27, 2001 differentiated from the registered electors, if you go to owners within the Pelican Bay area. It's conceivable that if a straw vote was done of all owners within the Pelican Bay area, that result or the receipt of response could then be checked at a cost with the supervisor of elections to determine which of those responders were in fact registered electors. So there are a couple of ways that something like that could be done. The true straw vote, as discussed in the Elections Statutes 96 through 101 of the Elections is talking about a straw vote through the elections -- supervisor of elections offices for registered voters. I noted -- I won't use too many names here, but I will use a couple names in regard to some comments made. Ms. Barsh, with whom I've met a few times, the discussions that she and Mr. Popper and a couple of other people had had when they met with me were not about the text of the ordinance itself, were more about, well, what could be done to either stop the ordinance or stop its implementation? And as with any public person who comes to -- a member of the public that comes to our office, I provided the information and tried to respond as fully as we can to the questions that are asked. But their comment today that this district, when it becomes operational, would be enacting laws by resolutions, I must point out, as I do to this Board from time to time, is that the enactment or adoption of resolutions is at best an adoption of policy. Ordinances are local laws and can only be adopted at the local level by county government or municipal; that is, city government. This district isn't a city. It's not the county. It's a special dependent district, pursuant to Chapter 189 of the Florida Statutes. And from that standpoint, it has no law-making authority whatsoever. It does have -- and this ordinance has been described as sophomoric, having problems, it's also very comprehensive, to some degree repetitive. I note that, too; not being the drafter, but being the reviewer. But in its ascertainments and determinations and purposes, it has gone a long way to describe the kind of government that it's supposed to have. Page 182 February 27, 2001 And what it ultimately is, I think, is a hybrid. It has some of the -- call it the operational flexibility of a community development district, which is what one of the last speakers talked about, but not using that term, Pelican Marsh. And that is a community development district provided under Chapter 190 of the Florida Statutes, is a district typically created for new development. Pelican Bay of course has been around for twenty-five or so years, so it cannot have this elected government created through the community development district because it requires absolute unanimity of all of the landowners for a community development district to be created. They are relatively easy to create at the initial phase of a development because there's maybe only one or maybe just a few landowners, the initial developer, the landowner. And then thereafter, when the subdivisions get platted and the lots get sold, you get a diverse land interest and ownership interest, and the ability to get unanimity for a community development district is usually no longer there. In this case it has some of the operational functions of a community development district. But what Mr. Van Assenderp looked to do here was to provide a dependent district that provided some flexibility from an elective standpoint at the local level, but with actually a surprising number of checks and balances with this current -- with this Board of County Commissioners. And this is what I'm going to tell you about right now. Before any tax is levied whatsoever, a referendum will be required of the voters of Pelican Bay. I don't know exactly what your millage has been for this MSTBU in the previous years, the third or half of a mill, somewhere in there. But this Board of County Commissioners will determine what will be the millage for referendum for this district to vote up or down. There are many other aspects of fiscal control that are here. A proposed budget prepared by the district supervisors will be reviewed by the county manager and the clerk. The clerk actually has, one might say, veto power in regard to the budget that goes forward, if something seems untoward in the draft proposed budget at that point. Page 183 February 27, 2001 Subsequent to that, when they -- after the county manager and the clerk make their recommendations that are sent back to the district board, the seven-member district board, the district reviews these things, makes whatever changes it wishes and then sends it up to the Board of County Commissioners in the budget process. The Board of County Commissioners has absolute line item veto on every item of this budget. And that's -- page 15 is where it's reviewed by the county manager and the clerk in the ordinance. The referendum is stated in page 21. The line item veto is -- oh, it's in there. I can give you the page number in a moment. But they also have absolute budget approval, aside from line item veto. If this Board doesn't like the budget in toto, in whole, it can stop the process by this very law that has been adopted. So from that standpoint you have Commissioners, as always before, that have the oversight, the budget review; in fact, by this ordinance a rather specific budget review that doesn't exist in quite the same way and that budget process that exists for MSTBU right now. The ordinance provides for an absolute two mill cap on ad valorem taxes. It's not open-ended. That's not to say that this Board, or the district board once in place, is going to go for two mills right out of the shoot. But what it tells you is, it could never go over two mills as an absolute cap no matter what this district supervisors wanted to do, let alone the budget process that I just explained to you here. That two mill absolute cap is on page 22 of the ordinance. This is now a special -- it is to be a special dependent district, as opposed to an MSTBU, as Mr. Carter, Commissioner Carter noted; therefore, it has actually collapsed and lost millage power that it ultimately had as an MSTBU. As an MSTBU, technically, legally you could be taxed up to ten mills annually, apart from your county tax bill that includes county government and the school board; two separate ten mill areas for levy. The district board has been collapsed into the county's ten mills. The county, as you know, has a little space left within its ten mill cap, but that, again, should be -- potentially could be Page 184 February 27, 2001 additional assurance in regard to the limitations of a tax and spend in the district. The clerk, as currently written, is the custodian and accountant for the district funds. And the clerk writes the checks. Yes, that does need some work, not only working with the clerk, Mr. Van Assenderp, but also the fact that there is a treasurer provided for in here. And that is because that language is more akin to the Chapter 190 community development district. I expect that there will be some amending to that process at that point. But it also provides separately on page 13 of the ordinance that the financial records of this board shall be audited by an independent certified public accountant at least once a year; another check and balance. In regard to bonding and supposed forty years debts that might occur, no bond can issue unless the board orders and calls a referendum election, per state statute. But even more important and expressly stated on page 18 is that there is no bonding for long-term debt without board express written approval. So first the board would have to receive the request probably in the annual budget process, but it could be at any time, and -- for a request for bonding. And the board says no, doesn't sign anything in writing, it can't happen. And beyond that, even if the board said yes, it would have to order a referendum election to the very people that are affected within the district. So from that standpoint, there are many checks and balances which have not been really discussed, or at least to my office or in the newspaper to any great degree. And so there's a lot of things in there that I think are important to know. COMMISSIONER HENNING: Commissioner Carter. CHAIRMAN CARTER: Yes, Commissioner Henning. COMMISSIONER HENNING: I believe I have a resolution on this and let me put it out there. There is going to have to be a referendum on the -- to adopt the standard of the level of tax. CHAIRMAN CARTER: Two mills, that's correct. COMMISSIONER HENNING: Right. And that's going to have to be a referendum. CHAIRMAN CARTER: That's correct. Page 185 February 27, 2001 COMMISSIONER HENNING: Why don't we piggyback on that the question of should we abolish the dependent district at the same time? CHAIRMAN CARTER: Question for counsel, if that's possible, it's an interesting thought to entertain. Because you have to do one, can you do the other? What if they approve the two mills and defeat the other? I'm not sure where that takes you. MR. WEIGEL: Well, that's true, you can't have conflicting questions. One thing I didn't mention here is that the district just saved between $8500 and $10,000 in not having it do its election. But also, an election where you are not involving candidates can be done by mail ballot under general circumstances. And I think that that's a possibility here. I would have to talk with the supervisor of elections before I definitely say that both those kinds of questions could be offered on the same ballot, however. COMMISSIONER FIALA: I would like to see -- one of the reasons I called for a town meeting before any kind of a ballot or poll or straw poll was taken was because I feel so many people really were not fully informed. Now, David has done a lot right here to explain some of the things mentioned in here that left a lot of question in other people's minds. I don't know how many other questions there would be. But I would hope that before they go to vote -- because they might stay the way they are once they get all the information, that that information is given to them. Possibly once they've gotten this information they will decide, well, this isn't so bad after all. I'll stick with this. That was the purpose -- CHAIRMAN CARTER: Well, Commissioner, I have no difficulty with that at all. I would like -- without a question we need a town hall meeting in Pelican Bay to get all this front and center so everybody has a clear understanding. Now the question will become, how do you notice it? How do you -- and, you know, this can be a mailing to every household in Pelican Bay, every owner, every property owner. That's a possibility. I don't know if we can -- what period of time it would take to Page 186 February 27, 2001 do that. But if that's possible, everybody knows there is a town hall meeting. And all of these issues could be presented to the community to address. And along with that, have an answer to the question and let them know when it comes to a ballot, you have a two mill cap to approve or disapprove and you have an opportunity to approve or disapprove the new ordinance. COMMISSIONER MAC'KIE: What would be the effect of voting to disapprove the two mill cap? MR. WEIGEL: Well, that would take an ordinance amendment to change that. That's in the ordinance. But the two mill cap is really -- it's a cap to tell you that you couldn't go beyond that. But the annual budget could always be something significantly less than that. COMMISSIONER MAC'KIE: So what I'm asking is, if you are going to have a referendum and it's on the question of, do you approve a two mill cap for taxation for this district -- MR. WEIGEL: Let me jump in. And the question wouldn't have to be a two mill cap. It could be, do you approve a .35 mill cap? COMMISSIONER MAC'KIE: And what if the answer was no, then what happens? MR. WEIGEL: Well, then I think we probably would look to reinstitute the MSTBU. COMMISSIONER MAC'KIE: So there is your answer. (Applause.) CHAIRMAN CARTER: However, they could not exceed. They could not exceed that. Even the MSTBU could not exceed it. MR. WEIGEL: No, no, same thing. COMMISSIONER HENNING: I think we need to bring this back at our next meeting for discussion so we can -- COMMISSIONER FIALA: Well, I think -- what I would like to see us do is, within three weeks time -- there was a gentleman here that stood up, and I'm sorry I don't remember which one it was, but he had said that he had received one notice about something, but he never received any notices about the meetings. And so whoever that list was that he said everybody got an advisory on that, maybe he could find that list, send -- and the Pelican Bay people could be responsible for getting all of their Page 187 February 27, 2001 people out. I would bet that both sides would find their way to that meeting real quickly. Look at what Frances has done with her group and getting these thousand things signed in a matter of a week. Get them all to a meeting and we could pick a date right now. COMMISSIONER COLETTA: What's it going to accomplish, though? A resolution has to be -- COMMISSIONER FIALA: To provide the information. First of all, everybody to have a copy of this ordinance that it seems nobody was really completely aware of or had read. Secondly, then for them to come to that meeting and have their questions answered. And that might solve the whole problem. CHAIRMAN CARTER: Well, first of all, I don't know how we could physically get a copy of the ordinance to everybody prior to a meeting. I don't know how to do that, but we may have it available -- COMMISSIONER MAC'KIE: How about through a computer? CHAIRMAN CARTER: Well, I don't know. If it's online, people can pull it down. Let me suggest this. That stacks of those could be placed in the community center at Pelican Bay and we let everybody know that they can go and pick up a copy of the ordinance so that's no question that it's there. And if there needs to be other locations, I don't have a problem with that. Two, I think we need to notice to everybody that you're going to have a public hearing and at that time you can clarify everything that's there. However, it still gets back to the point, no matter what happens, a referendum has to be sent to the community to approve millage. And whether that's going to be one mill, two mill, three-quarters of a mill, it has to be put out there. And perhaps out of that meeting, we will have some indication of what that number should be and it can move forward, if that's a logical approach. MR. WEIGEL: Are you looking to me? CHAIRMAN CARTER: I'm asking legal counsel whether I'm within the confines of what I am bound to do. MR. WEIGEL: That's very logical. One last point I wanted to respond to, and that is in regard to the jobs or positions that are listed in the ordinance. There is nothing in there that says you have to pay them full time or pay Page 188 February 27, 2001 anybody any differently than they are paid right now. But what it does is, it provides a framework of positions in there for operation which can't be avoided. So you can't have a board of supervisors that goes forward and doesn't have the appropriate staff, which is modeled largely after the staff that works in these kinds of things, anyway. CHAIRMAN CARTER: Okay. I'm going to make a motion to see if it's acceptable to the Board; and that is, we have a town hall meeting held within thirty days and where this is thoroughly presented and discussed with the community. And at the same time, the subject about the millage cap is thoroughly discussed in the community and some sense there -- we may put out a form that people can tabulate what they are willing to accept. And we can take that and get some idea of what that cap are going to be. COMMISSIONER HENNING: Second. CHAIRMAN CARTER: Because you can't shut down a taxing authority. COMMISSIONER COLETTA.' Did Commissioner Henning withdraw his motion? COMMISSIONER HENNING.' No. I said I second. CHAIRMAN CARTER: He seconded it. COMMISSIONER HENNING: I made a recommendation. I didn't make a motion. COMMISSIONER COLETTA: Forgive me. I just wanted to make sure we didn't miss something along the way. COMMISSIONER FIALA: Is this also going to include something to these Pelican Bay residents that says, after they have gotten this information, no, I don't want it, no I don't want this ordinance? CHAIRMAN CARTER: The town hall meeting should give us a sense of direction of where that is and we will find some way to -- that people that show up or whatever, is going to have an opportunity to give us some input on that. I think if you have the town hall meeting, it's thoroughly discussed and there should be some way and some mechanism which we have to craft -- I don't know how to do that at this point -- where you get objective feedback in a way that some forms can be, you know, collected so that we know or have a sense of where it is. Page 189 February 27, 2001 COMMISSIONER FIALA: I would like that to be included in the motion. COMMISSIONER COLETTA: I was just going to ask you, I take it from the interest that's out there, it's going to be a very big town hall meeting. Where is it going to take place? CHAIRMAN CARTER: We have a couple of opportunities. We could probably try and use the Registry. COMMISSIONER COLETTA: Your house. UNIDENTIFIED SPEAKER: I was going suggest the Ritz Carlton or the Registry. CHAIRMAN CARTER: Well, I'm sure we can find a place, Commissioner. And I think the interest in the community would be-- COMMISSIONER COLETTA: If anything it might bring everybody together when we get all through with it. COMMISSIONER FIALA: Yes. CHAIRMAN CARTER: We will develop -- (Inaudible comments from the audience.) CHAIRMAN CARTER: Pardon me? UNIDENTIFIED SPEAKER: Being run by the Commissioners, no special interest group? CHAIRMAN CARTER: I will chair that meeting. I think all Commissioners certainly could participate and listen and hear what the community is saying, so that you have that input in thinking, as it comes back, if further action is required -- COMMISSIONER COLETTA: We have to be careful of-- Mr. Weigel? MR. WEIGEL: Uh-huh. COMMISSIONER COLETTA: What would be the situation if we all showed up at this town hall meeting as far as sunshining? MR. WEIGEL: That would be delightful if you could. No. All we do is put notice out ahead of time. CHAIRMAN CARTER: What would the notice -- MR. WEIGEL: Take minutes of the meeting. And it's in a place where the public can adequately hear everything. CHAIRMAN CARTER: In fact, I'm thinking out loud, folks, is that I think this Board gets up there in this town hall meeting, we could take all of this, we can have the issues addressed. We can have each side where people who have questions and presentations in an orderly format, like we did here this Page 190 February 27, 2001 afternoon, sign-up slips, everybody can speak. Everybody has the opportunity to communicate their point. And we will provide ahead of time -- and I don't know how fast we can do this, Mike, copies of the ordinance that could be physically in place in Pelican Bay. How long does to take to run 5,000 copies, let's say, if 5,000 people wanted to pick them up? COMMISSIONER FIALA: Who pays for that? MR. McNEES: Just for your reference, 5,000 copies of a twenty-seven page ordinance is going to cost you 10- or $12,000. CHAIRMAN CARTER: Well, there was a suggestion by Commissioner Fiala that we take that approach. COMMISSIONER FIALA: Yes. CHAIRMAN CARTER: And if -- if that's going to be the case, I don't know if there's money even in the MSTBU budget this year to do it. There may be a way to do it. MS. BARSH: May I make a request? I believe that, since Commissioner Fiala brought this question, permit the people in Pelican Bay to express their views, I think it would be very fair if Commissioner Fiala would chair any meeting of this type. (Applause.) COMMISSIONER HENNING: You know-- COMMISSIONER FIALA: Okay. CHAIRMAN CARTER: That will be determined. And I understand what you're asking. The Board will be there and the Board will hear. The Board will make sure that the appropriate people are there to get the input, so that you all know at the end of the day what is and what isn't. And because -- and I understand that request, Ms. Barsh. All I've tried to do as I've gone through here today is listen to everyone again. I've also asked for clarification. And all I'm trying to do is get rid of disinformation. I think the town hall will accomplish that. And that is my job as a Commissioner, to do that. It is also my job as the District 2 Commissioner. It is also my job as the chairman of this Commission in any area, any place to exercise the will of the people of this county. So we'll talk about that and whatever works the best will be done. But if the Commissioners decide to be there, they will all hear firsthand everything that anyone wants to say. And we will get a communication out to everyone. Page 191 February 27, 2001 MR. McNEES.' I might suggest, Mr. Chairman, I suspect the vast majority of the Pelican Bay residents have access to a computer, whether they own one or not. We can -- give me a few days and I suspect we can get this ordinance on the county's website with a link to it and -- UNIDENTIFIED SPEAKER: That's no good. COMMISSIONER FIALA: Well, is there a way, then, that you folks can make the copies and distribute them to your people? I mean, if you can do that, that would help us a lot. I mean, I don't want to cost the county $12,000, yet I want to make sure that your information gets out. I mean, if everybody hasn't read the ordinance, I don't know how they could be fully informed. If you haven't received the ordinance, then I don't know how you could be happy or unhappy with it because you haven't seen it, so -- CHAIRMAN CARTER: Just a moment, Commissioner. We're getting people talking back and forth. COMMISSIONER FIALA: Okay. CHAIRMAN CARTER: And this is violating the policy of this Board. I will take two more questions from the audience. And, Mr. Popper, you had your hand up, and Mr. Vlasho. If you would come to the podium and do that, please. Commissioner Henning has to recuse himself. So those two people, if you want to come back up here and make your point, please do so. MR. McNEES: While he's coming up, I'll make the commitment, for those who wish to take advantage of it, we will put the ordinance on the county's website so that if you go to the website, there will be a link to get to it. No one is obligated, but it will be available for those who wish to find it that way. MR. POPPER: Thank you, Commissioner, Commissioners. I have a couple suggestions. First of all, I'm sure we could find the hotel, the Registry or the Ritz Carlton would be more than happy to do it. I don't want to speak in their behalf, but they have been very generous in providing space, especially in light of the fact that a two mill cap would absolutely throw their fiscal budget out of line. But as far as I -- I really have a question, which I don't understand. We're going to have a town hall, and I think that's a Page 192 February 27, 2001 wonderful suggestion. We will undoubtedly have legal representation there that can argue with Mr. Weigel because many of the things that he has brought up, you know, we obviously question and it -- in good spirit we question it. So we will have a very healthy debate. The proponents of the ordinance will speak in terms of what they believe in and there will be some people that will speak on behalf of abolishing and repealing the ordinance. The question I have, though, ultimately it's going to sit in your lap, collective lap, if I may say that. And I question -- and perhaps you can't answer this now, but how are you ultimately going to make a decision? Do you take a weight, you know, whoever claps the loudest or whoever hissed the loudest? Because we have 14,000 people that can make an awful lot of noise. And I respect your positions, that I don't think you really want to find yourself in that type of a venue. Ultimately the decision is going to be yours. And I agree with the town hall, but I think ultimately whether it's -- I don't like to use the straw ballot because I understand that that may have some constitutional problems. But ultimately you are going to have to send out a mailing to all the residents of Pelican Bay asking a very, very simple question. Are you in favor of or are you opposed to? And let's not have a Palm Beach here where it's a duplicate or God only knows what. Let's keep it as simple as possible. I think by the time you have the town hall meeting, everybody will be advised and spoken to. We have a meeting tomorrow and Mr. Vlasho has invited himself, and we're delighted to have him. And we will have a discussion. We will have a discussion. But -- not to repeat myself, but ultimately there has to be a vote taken. And I'm sure that somehow legally that can be done. And what that will tell you is, is the community in favor or are they opposed. Thank you. COMMISSIONER MAC'KIE: Can I -- I'm trying to say very little here, but is there -- I thought that the issue on the one question I asked before, which is when you vote on the referendum for taxing authority, you will vote yes or no to an amount of millage, isn't that the decision of the community? Page 193 February 27, 2001 MR. POPPER: I don't think that -- if I may answer that, I think that is only one small aspect of it. Because there are many fundamental issues here, which I'm sure you don't want to hear me talk about now, that changes the whole governance of Pelican Bay in terms of hiring people. And yes, you have to hire a full-time manager. That's on page 15 of the ordinance. COMMISSIONER MAC'KIE: So if you want to repeal the ordinance, you vote against the tax. MR. POPPER: Wouldn't it be much easier to keep this simple, instead of defining one element, and just say, are you in favor of Ordinance 2000-82 -- and by this time everybody will know about it that really cares -- or are you opposed to it and would you like the status quo, or just the status quo? And I would plead with you that, let's make it as simple and as concise as possible. There can be a mailing -- there is a mailing list available through the Pelican Bay Foundation. There are labels available. And it would be a very simple thing to develop a letter, which we would like to see as well as I'm sure the opposite side would like to see, to make sure that in our combined opinions it states our cause fairly. And then have an enclosed card that could be mailed back to a lock box. I love that word, a lock box. I learned that during the election. And there could be no effort or no intent or no misunderstanding about tampering. I mean, let's do it. We have learned a lot from the last election. Let's not fall into any of those pitfalls. COMMISSIONER COLETTA: It would certainly be easier than a town hall meeting. CHAIRMAN CARTER: What I'm hearing Mr. Popper say, it's not to have a town hall meeting, but just do a mail out and get everybody's input-- COMMISSIONER FIALA: Did you say that, Charlie? MR. POPPER (From the audience}: No. I'm saying, let's have the town hall. Let's get everybody out there. Anybody that can let them express it. (Inaudible.} Let's have the legal people talk about it. Because there is obviously a divergence of thinking. And then after that or coincided with that, let's send out a mailing. (Inaudible.} There will be 14,000 letters that go out with Page194 February 27, 2001 a reply card. Let that come back to lock box. Let's let it be counted by both sides. And at the end of day, good, bad or indifferent, we can go back to playing golf and tennis and enjoying our retirement. (Applause.) COMMISSIONER FIALA: -- and read it. CHAIRMAN CARTER: Mr. Vlasho. MR. VLASHO: Unlike Charlie, I have confidence in you. I'm not going to stand here and tell you what to do. You passed the ordinance. We went through the procedure. You ought to figure out how you are going to do this thing. For us to sit up here and tell you how to take votes and put a lock box together, that's not our job. The people wanted to be heard. They are being heard. We said, "Fine, let's have a town hall meeting." I think a town hall meeting is where you will get the facts out. You will get the feel. You will know what the community wants to do. I also am somewhat perplexed that -- the counsel attorney did a very nice job of explaining the ordinance, but it appears to me not much of that was heard. So I would like for you, in addition to when you set up the procedure for that town hall meeting, to allow him to expend the funds, if he feels so, to have Ken Van Assenderp attend that meeting so that we can get the facts out there. Because what I heard him say, it ain't all that bad, folks, if you just pay attention to what he said. So please, we'll do whatever we want. I'm not going to this meeting tomorrow morning because it will serve no purpose. I will be at your town hall meeting if I'm in town that day. And if I'm not, I'll have a representative there. Because in thirty days, depending on what's scheduled, I may not be in town. But I will do my best to be there. But I think the purpose of this meeting today that the group suggested was to get you to a point to have a town hall meeting so that the residents of Pelican Bay, not the few people represented by our side or the few people represented by their side, but the people of Pelican Bay, let them speak with you. Let them understand this thing. And as the Chairman said, that's where it's going to end up anyways. And the four of you or the five of you, I hope by then Page195 February 27, 2001 that the fifth Commissioner can decide to vote. You can decide what's best. You were elected. You have the responsibility. We don't need to do all these other things. If you decide that you need a straw vote or you need a poll or whatever you need, then you should do that to satisfy yourself. Because regardless of what people say, the monkey is on your back. And you now have to decide, do you stick with what you've already approved or do you reverse your course? COMMISSIONER COLETTA: We serve the will of the people. Sometimes it's a little difficult trying to figure out what they want. (Inaudible comments from the audience.) MR. VLASHO: But I'm afraid -- I'm not telling them what to do. I have confidence in you. Thank you. COMMISSIONER COLETTA: Come on. Let's get this going. CHAIRMAN CARTER: Ray, I've really got to -- COMMISSIONER FIALA: Let's put Charlie Popper in charge of arranging for the -- CHAIRMAN CARTER: You know, ladies and gentlemen, we have been ladies and gentlemen listening to everything that you have had to say this afternoon. Give us time to discuss among ourselves what we've heard, rather than rush into something where at the end of the day you're unhappy. So let us do what we need to do and that will be a discussion on this dais because of the input and the great input we've gotten from this community. So Ray, I just, you know -- I've got to cut it. I appreciate it. MR. O'CONNOR: I have one question that has nothing to do with this town meeting or anything else. There are seven people who have put their name forward to be supervisors. I suggest to you that if there is a town meeting, that perhaps you might consider reopening the election process to get more candidates. If as a result of that town meeting people are understanding what's happening and can come out and put their name forward, maybe the election process could be expanded just by an amendment of the ordinance. I think the ordinance called for an election within 180 days. I think perhaps you might be able to do that. Because I think the seven people, myself included, are kind of in limbo. You're going Page196 February 27, 2001 to have a town meeting referendum -- CHAIRMAN CARTER: I understand. MR. O'CONNOR: I mean, it's not fair. CHAIRMAN CARTER: Everybody is going to be in limbo. And we got a time line here as to how long this current MSTBU will be in effect; and that is to April 26. Now, we have to do something differently here if it's going to go beyond that. The question becomes, how far beyond that? What period of time does it take to accomplish this? And can we do it in that period of time? And I don't know the answer to that. I am concerned not because we're going to have a town hall meeting. I am not concerned because we're going to get all this other input. I am not concerned that you go out and take a straw vote or a vote, whatever it takes. I am concerned about, how does the taxing authority function in getting into their budget reviews and starting this process like now while we still deliberate, do you exist or don't you exist? Now, they have to have a time to know if they're going to exist until this period, that date, that they can do what they have to do. And that involves all the county budgeting process. So we are not in, you know -- ideally I would have asked that it go back to the same process by which it came to this Board. We don't have time to do that. MR. O'CONNOR: I understand that. But again, I reiterate that the seven of us who in good faith put our name forward are kind of stuck there. CHAIRMAN CARTER: I understand that. MR. O'CONNOR: And I think some decision has to made and I recommend -- I make my recommendation, but I leave it to the counsel attorney to advise you on that. But I think that some decision has to be made to tell us where we are precisely. CHAIRMAN CARTER: Understood. And I will not take any more public input. We need to go to the county attorney for advice. We need to make a decision as a Board. And if we need to continue that discussion until our Friday workshop, we can put that on the agenda early. In terms of what we're going to resolve, there would not be any more public input Page 197 February 27, 2001 on that basis. MR. WEIGEL: Okay. Fine. Well, the answer is really pretty simple. If you just look -- if one looks at the ordinance, it provides for an election to be held within 180 days. Pursuant to the ordinance, the election process was put in place, working with the supervisor of elections. And the election date is April 26. The district actually becomes operational after the election and seating of the elected supervisors. So I don't think that the persons who have been selected or elected by virtue of the number of candidacies, receipts that have been filed, makes really any difference at this point in time. If there were an election on the 26th, everybody who was a candidate would be waiting for the 26th. And they would be getting together and doing their job as adroitly as possible. Obviously with the assistance of the county staff that would be looking for as seamless a transition from the MSTBU to the district dependent board as possible. But April 26th is the date. We've got -- that's the information that's before the U.S. Department of Justice for preclearance, which is still required. And it seems to me that that's the operational date and answers almost all questions in that regard. CHAIRMAN CARTER: So we need to get this done by April 26th. MR. WEIGEL: Well, April 26 is the date -- after that time the district board needs to be seated, which means they would be sworn in pursuant to statute. Until they are sworn in after the 26th, there is still no operational district. CHAIRMAN CARTER: Everybody here that's left understand the situation? COMMISSIONER COLETTA: CHAIRMAN CARTER: Okay. COMMISSIONER COLETTA: CHAIRMAN CARTER: Okay. Yes. The story that never ends. Then we have a motion that we will hold a town hall meeting, that we will make available the copies of the ordinance either through the internet -- COMMISSIONER COLETTA: On the internet. CHAIRMAN CARTER: -- or stacks of it will be available in the Hammock Oak Center. We will get a letter out to all property owners, as I understand it, in Pelican Bay, even though only the registered voters at the end of the day can vote on a situation Page198 February 27, 2001 like this. But we will at least get their input in terms of the totality of the feeling of the community. And everyone will have an opportunity to participate in that. And the other decision that will have to be made, coming out of that, is a referendum will have to go out with some millage right to the community to approve or disapprove. Am I correct in that, Mr. McNees and Mr. Weigel? MR. WEIGEL: Okay. And just so I understand, you say a letter will go out to all property owners in Pelican Bay? CHAIRMAN CARTER: Let's take it into that picture because a lot of people who have signed -- MR. WEIGEL: Right. And that's a letter-- CHAIRMAN CARTER: -- the petitions are, if checked, may or may not be registered voters in Pelican Bay. COMMISSIONER FIALA: But taxpayers. MR. WEIGEL: But I'm just saying -- CHAIRMAN CARTER: Well, they are taxpayers but they don't -- everybody is a taxpayer. COMMISSIONER FIALA: Everybody that owns land. MR. WEIGEL: Right. CHAIRMAN CARTER: Everybody is a taxpayer. And even under the appointed board now, you have to be a registered voter to be on that board by appointment. MR. WEIGEL: I just want to make sure that I'm clear in regard to the mailing. The mailing will be of the town hall meeting? CHAIRMAN CARTER: Yes. MR. WEIGEL: Okay. CHAIRMAN CARTER: We have to give notification. MR. WEIGEL: Right. CHAIRMAN CARTER: I don't want anybody to come back and say, "1 didn't hear about it." I want everyone in the Bay to know. MR. WEIGEL: Uh-huh. COMMISSIONER COLETTA: The funds for this are coming from general funds or can it come from the taxing district there? CHAIRMAN CARTER: A question I don't know the answer to. COMMISSIONER FIALA: And that's a good question, Jim, because I had wanted to see all property owners who pay taxes Page199 February 27, 2001 in this Pelican Bay community vote on whether they wanted to fund this. COMMISSIONER COLETTA: You're getting into a real legal question there. COMMISSIONER FIALA: Yes. Right. COMMISSIONER COLETTA: Be real careful. If you're going from one extreme to the other, you are going to be empowering people that don't have the right to vote in Florida, you are giving them the right to vote in Florida, contrary to the laws of Florida. So think about it very carefully. COMMISSIONER FIALA: Well, I asked David Weigel about that yesterday and, David, you can -- MR. WEIGEL: Okay. I'll just state again. It depends on the kind of vote or information you are looking for. The county, as a county, can send a letter, an inquiry to whoever it wishes. COMMISSIONER COLETTA: A survey. MR. WEIGEL: Like a survey. To whomever it wishes, to property owners in that district. If one were to use the elections office for any purpose, it would be registered electors because that's what they have on file there. And it appears that the direction is going to be, the letter of the town hall meeting will be to all property owners. If there's a question in regard to polling after that, if the Board entertains that kind of question, then you will have the decision as to whether you deal with electors or all property owners. Conceivably a distinction could be made in the response at any point in time in that regard. CHAIRMAN CARTER: And we can answer those questions at the town hall meeting. COMMISSIONER FIALA: Okay. CHAIRMAN CARTER: Okay. COMMISSIONER MAC'KIE: So who is paying for this mailing? CHAIRMAN CARTER: Who is paying for the mailing? The Commissioners need to address that. MR. WEIGEL: What I would suggest that this Board gives the direction is -- to the extent legal, that it be taken care of by the MSTBU, Pelican Bay MSTBU. I will work with the county manager and the budget director and we will obviously need to coordinate with the advisory committee of the MSTBU. And if it can't be done that way, then Page 200 February 27, 2001 it will be an expense of your general revenue, I believe. COMMISSIONER COLETTA: Just so we know where it's coming from, how about the room at the Ritz Carlton or the Registry, that would be our responsibility too, then? MR. WEIGEL: To the extent there are expenditures incurred there, yes. CHAIRMAN CARTER: That all comes out of either the taxing authority there or it will have to come out of the general fund. COMMISSIONER FIALA: No charge, Charlie was saying, at the -- CHAIRMAN CARTER: The Registry usually for community citizens doesn't have a fee and, you know, everything else we'll try to get done as economically as possible. COMMISSIONER COLETTA: I have no problem paying for it. I just want to make very clear to the public where the money is coming from. CHAIRMAN CARTER: I understand. MR. WEIGEL: We'll make sure we check it against our gift policy. CHAIRMAN CARTER: Right. MS. BARSH: May I ask a question? COMMISSIONER FIALA: Yes. MS. BARSH: What be the time frame for introducing an ordinance to repeal the district, the dependent district, and reinstitute the MSTBU so that we could get back into the county budget cycle as an MSTBU and remain at our millage of point -- 19617 CHAIRMAN CARTER: I'm not sure whether or not you could repeal this prior to seating a new board of supervisors and allowing them an operational period. You always have the right to come back through process to go back to where you were, but I'm not sure in this time frame, unless counsel can advise me different, that you could do that. MS. BARSH: Well, how long does it take to bring an ordinance up to repeal another? What is the time frame in that -- CHAIRMAN CARTER: This is a process of months -- MS. BARSH: -- so that we could return to the MSTBU and stay within that 1.961 millage? MR. WEIGEL: Okay. (Inaudible comments from the audience.) Page 201 February 27, 2001 UNIDENTIFIED SPEAKER FROM THE AUDIENCE: We have to determine if the residents of Pelican Bay want to return to the MSTBU before we talk about that. Why don't we go through what you asked for originally, instead of now trying to go from one thing to the next to the next? MS. BARSH: No. We don't object to any town meeting. MR. WEIGEL: I'll respond -- MS. BARSH: It's important information. CHAIRMAN CARTER: Excuse me, Ms. Barsh. You know, I really appreciate all your input and I sincerely mean that. But there are some time lines consideration here -- MS. BARSH: Well, that's what we're concerned with. CHAIRMAN CARTER: -- and my accountability to this county, to that taxing authority is that I give them the time to get their budgets together and I can't hinder that. Can you change it? Yes, ma'am. Can you change it before the new one goes in? I hear the -- I see the county attorney nodding to me. MR. WEIGEL: You can. CHAIRMAN CARTER: Is that possible? MR. WEIGEL: Well, this ordinance is subject to the directive of the Board to advertise an amendment at any point in time, whether it's mere modification or even dissolution. Once the district is up and running and has taken over obligations and assets, if the district were to be dissolved, those assets and/or liabilities come back to the county. CHAIRMAN CARTER: Okay. MR. WEIGEL: But -- CHAIRMAN CARTER: So after the town hall meeting, if there was an input that said we could or should or consider repeal of and going back to, we would have that opportunity. In all due respect to the total population of Pelican Bay, we need to have that town hall meeting where everyone and anyone who wants to participate and wants to come and hear what we have to say and have questions answered have that opportunity. COMMISSIONER COLETTA: Dr. Carter, I would strongly suggest at that meeting that we invite the supervisor of elections along. CHAIRMAN CARTER: Yes, I agree. MS. BARSH: I believe if we could return simply within the budget cycle of the county, the county budget cycle, then it Page 202 February 27, 2001 would be the most elegant, simplest solution. CHAIRMAN CARTER: Ms. Barsh, we cannot take away what has already been done without going through the other process. MS. BARSH: Another ordinance -- CHAIRMAN CARTER: We never approved the other process without going through a process. MS. BARSH: Yes, yes. But that's the concern, is the time frame of that process, to get us back into that MSTBU. CHAIRMAN CARTER: Well, if out of that meeting -- and that's an if -- the sentiment of Pelican Bay is to go back to the other, there would be a time line, I'm understanding from the county attorney, that that could be accomplished and allow the current MSTBU to continue to function -- if I'm understanding that correctly -- if the members who are there choose to do so. MS. BARSH: Okay. Thank you. CHAIRMAN CARTER: Thank you. MR. OLLIFF: You have a motion on the floor? CHAIRMAN CARTER: Yes. All in favor signify by saying aye. (Unanimous vote of ayes.} Opposed by the same sign? Motion carries 3-0. COMMISSIONER COLETTA: Can we take a three-minute break? CHAIRMAN CARTER: Yes. The Commissioner wants a break. Take five. (A recess was taken.) Item #13A1 RESOLUTION 2001-71 REGARDING PETITION V-2000-32, STANLEY WHITTEMORE, REPRESENTING FERDINAND AND CATHERINE FOUNTAIN, REQUESTING A 5-FOOT VARIANCE FROM THE REQUIRED 30-FOOT REAR YARD SETBACK TO 25 FEET FOR PROPERTY LOCATED AT 355 KINGS WAY FURTHER DESCRIBED AS LOT 8, BLOCK G, FOXFIRE UNIT 3 - ADOPTED CHAIRMAN CARTER: Ladies and gentlemen, we are back in session, please. I see the clerk was here. I didn't know whether he wanted to come and address us, but I don't think at this late hour he wants to. He's going home. Page 203 February 27, 2001 I have been requested that it is the pleasure of the Board that we have two zoning variances. One, the person has been here since 9:00 this morning. And they are respectfully asking if we could do with the zoning appeals, which are two items, and then move back to the regular agenda. It is the pleasure of the Board. COMMISSIONER COLETTA: Go ahead. What is the number? CHAIRMAN CARTER: That will take us to Item V-2000-32, Stanley Whittemore requesting -- Ferdinand and Catherine Fountain requesting a five-foot variance from the required 30-foot year -- 30-foot rear yard setback to 25 feet for property located at 355 Kings Way. COMMISSIONER MAC'KIE: 13(A)(1). CHAIRMAN CARTER: Mr. Reischl, are you the presenter? MR. REISCHL: Yes, sir. CHAIRMAN CARTER: We have to have everybody sworn in. (All speakers were duly sworn.) CHAIRMAN CARTER: I need disclosures from the Board. COMMISSIONER MAC'KIE: None. COMMISSIONER FIALA: None. CHAIRMAN CARTER: None. No one has had contact with Mr. Hoover or the petitioner in this matter. MR. REISCHL: Good afternoon, Commissioners. This is a request for a five-foot variance from the required 30-foot rear yard to 25 feet for a single-family house in Fox Fire. And as you can see on the visualizer, Kings Way -- you see the location of the house on Kings Way. The rear has a stormwater management lake. Here is a detail. The house is in pink. There's an existing screen patio, which is in yellow. And, again, there is a 20-foot lake maintenance easement. This is the property line. So there is 20 feet of undeveloped property from the property line to the control elevation edge of water. The petitioner wants to enclose an existing screen patio, turn it into a Florida room. And that would force an encroachment of five feet into the 30-foot rear yard setback. As you know from hearing these zoning petitions, most rear yard setbacks are 20, 25 feet. This one is 30 feet. Page 204 February 27, 2001 The Planning Commission did take that into consideration of this petition, along with the fact that the rear yard is a stormwater management area, plus the additional unbuildable area of the 20-foot lake maintenance easement. And the Planning Commission voted 6 to I to recommend approval. And we also received a letter of no objection from the Fox Fire Homeowners' Association and no calls or letters of objection from anybody. COMMISSIONER COLETTA: I would like to make a motion that we approve it. COMMISSIONER FIALA: I'll second it. COMMISSIONER COLETTA: If you would like the basis for it, if you would turn to Page 13(A)(1)(20}, it shows that there has been five other variances made that fall right along the same line. It is kind of unfair at this point in time to not consider granting it when they have already granted it numerous other times. CHAIRMAN CARTER: And, Mr. Manalich, that requests -- that requires what; three or four votes? MR. MANALICH: Three. MR. REISCHL: I believe it's just the regular three votes. MS. STUDENT: Three votes. CHAIRMAN CARTER: Is there any speakers? MR. MCNEES: Yes, sir. You have one on 13(A}(1}, Stanley Whittemore. COMMISSIONER MAC'KIE: You can waive if you would like, sir. MR. WHITTEMORE: I can waive. CHAIRMAN CARTER: He is waiving. All in favor of -- did you make a motion, sir? COMMISSIONER COLETTA: Yes, I did. CHAIRMAN CARTER: Do we have a second? COMMISSIONER FIALA: Yes. CHAIRMAN CARTER: Okay. We have a motion by Commissioner Coletta, seconded by Commissioner Fiala to grant the variance. All in favor signify by saying aye. Opposed by the same sign. CHAIRMAN CARTER: Aye. Motion carries 3-1. COMMISSIONER COLETTA: In case if there's any doubt, if Page 205 February 27, 2001 you will take a look and you'll see where everything is outlined in my notes. There has been quite a bit of research to justify the motion that I made. COMMISSIONER FIALA: Yes. It's in their minutes. CHAIRMAN CARTER: No problem with it. That's one of the wonderful things about up here, if we all agreed, we don't have one person. Item #13A2 RESOLUTION 2001-70 REGARDING PETITION CU-2000-18, KENNETH B. CUYLER, ESQUIRE, REPRESENTING SUNVAC CORPORATION, M & H STABLES, REQUESTING A CONDITIONAL USE FOR HORSEBACK RIDING LESSONS AND HORSE RENTAL ACTIVITY ON A PARCEL OF LAND ZONED "A" AGRICULTURAL FOR A PROPERTY LOCATED ON THE SOUTH SIDE OF NEWMAN DRIVE 1.5 MILES EAST OF COLLIER BOULEVARD AND ONE MILE SOUTH OF INTERSTATE 1-75- ADOPTED Okay. We move to Ken Cuyler. You have a petition, CU-2000-18. You all need to be stand -- all need to stand and be sworn if you are going to participate in this discussion. (All speakers were duly sworn.) CHAIRMAN CARTER: Okay. Any disclosures? We are on Item CU-2000-18. COMMISSIONER COLETTA: I have to find this. CHAIRMAN CARTER: Immediately following the second one that we just passed under zoning. COMMISSIONER COLETTA: 13(A)(2) is it? CHAIRMAN CARTER: It is -- COMMISSIONER FIALA: Yes. COMMISSIONER COLETTA: This is on the stables, right? CHAIRMAN CARTER: Right. Page 6 of your agenda items in the works. COMMISSIONER MAC'KIE: Is this Mr. Cuyler's item? I have heard -- for disclosure purposes, I've met briefly, five or ten minutes, with him about the facts surrounding this case. COMMISSIONER FIALA: I did also. And I don't know if it makes any difference, but I went out to see the property, as well. Page 206 February 27, 2001 I didn't see it. I mean, there were people on there, but I didn't talk to anyone. Just -- COMMISSIONER COLETTA: I also met with the petitioner and one of the neighbors. CHAIRMAN CARTER: I have not met with the petitioner, nor have I talked with legal counsel. Doctor Badamatchian. MR. BADAMATCHIAN: Good afternoon, Commissioners. Chahram Badamatchian from planning services staff. Mr. Ken Cuyler is requesting a variance on behalf of M&H Stables. There's an -- they have an existing stables that was approved in 1996 or '97. What they have added is a horse renting business. They are next to the State Park and they added horse rental business. They have around ten -- eight horses right now that people -- they can rent to visit the State Park. And they are also teaching horseback riding, which requires a conditional use. That's the only reason we are here. They are around -- they have around 100 horses. But, as I said, the stable is a permitted use. We are here just for those ten horses which are available for hire and horseback riding lessons. This stable generates between 35 to 50 trips a day, which around ten percent of it comes from the horse rental business, which would be three and a half to five or six trips a day. This petition was reviewed by the Planning Commission. And by a vote of 7 to 1, they recommended approval. There were several people who opposed this. Basically what it is they have to use Benfield Road to gain access to their property. And the applicants, they have paved Benfield Road, which used to be a gravel road. And the neighbors along that road, they were objecting to this saying that it generates excessive traffic and the road is not wide enough. I have a picture of the road that I took. And it is no different than any road that you see in the Estates area. It is not wide. It is around 18-foot wide. But the traffic generated by this horse rental business, which has been five to six trips a day, doesn't justify us to ask the applicant to widen any more than what they have done. They have paved over a mile and a half of the road leading from Beck Street, which is extension of Davis Boulevard, Page 207 February 27, 2001 all the way to the stable. Staff recommends approval of this. We added one more stipulation, which is not in your packet. I just wanted to let you know and read it for the record. Basically it says, "This approval is conditioned upon the following conditions." And we added number -- the last one, which says, "Uninterrupted legal access to the Benfield -- to the benefit of applicant, its successors or assigns over Benfield Road." Benfield Road is a private road. It's not a public road. And we had a legal opinion that the stables can use that road. However, since it is not a county road -- it is just an easement over private properties -- County Attorney's Office felt more comfortable saying that if for some reason something happens and they have no right to use the Benfield Road, then the conditional use must cease. Which, I believe, if they cannot use Benfield Road, they have no access to their property. The staff recommends approval of this petition. CHAIRMAN CARTER: Questions ofstaff? No questions of staff. The Petitioner, Mr. Cuyler. MR. CUYLER: Mr. Chairman, Commissioners, for the record, Ken Cuyler with Goodlette, Coleman and Johnson representing Sunvac Corporation and SM&H Stables. First of all, thank you for moving us up. Although, I want to put on the record that I didn't ask for that so nobody takes any swipes on me on the way out. CHAIRMAN CARTER: While we are here -- MR. CUYLER: Commissioners, I have a stunning presentation, but in light of the fact that it's 6:00 and -- CHAIRMAN CARTER: Any questions for the petitioner by the Board? COMMISSIONER COLETTA: That's a lovely road. How long is it? MR. CUYLER: It's a mile and a half. COMMISSIONER COLETTA: The horse stables paid for the whole road; from beginning to end? MR. CUYLER.' In excess of $100,000 to pave the lime rock road. It was under no obligations to do that. As best I can see, it benefited the residents at no cost to them. COMMISSIONER COLETTA.' I understand, too, that you have access to the Picayune State Forest? MR. CUYLER: Correct. This property is directly adjacent to Page 208 February 27, 2001 the State forest and the owner -- it's the owner's position that he is providing a service. This is not a terribly lucrative business in terms of renting horses, but he does provide a service to tourists and those people that visit the stables to go in and ride the horse trails in the State park. COMMISSIONER COLETTA: This will only increase the traffic on the road by ten percent maximum? MR. CUYLER: Probably five trips a day maximum based on what staff and the petitioner have looked at, yes. COMMISSIONER COLETTA: Is there any speakers? MR. MCNEES: Yes. You have three more public speakers, if they are still here. Dan Hoolihan, Steve Thomas, James Winge. You have no public speakers. CHAIRMAN CARTER: Okay. Pleasure of the Board? COMMISSIONER MAC'KIE: Close the public hearing. CHAIRMAN CARTER: Thank you. Close the public hearing. COMMISSIONER MAC'KIE: Motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER COLETTA: Second. CHAIRMAN CARTER: Pair of seconds. All in favor signify by saying aye. CHAIRMAN CARTER: Motion approved 4-0. MR. CUYLER: Thank you, Commissioners. CHAIRMAN CARTER: Okay. Now we go back to our regular agenda. MS. FILSON: Did you hear her make the motion? COMMISSIONER MAC'KIE: I made a motion that -- CHAIRMAN CARTER: Commissioner Mac'Kie made the motion, Commissioner Coletta seconded it. Item #11 B1 REVIEW PROPOSAL FOR THE GATEWAY "MINI TRIANGLE" REDEVELOPMENT PROJECT- PROPOSAL REJECTED - STAFF TO MEET WITH PROPERTY OWNERS AND RETURN WITHIN 120 DAYS WITH A PROPOSAL We are now back to Item 11(B), Community Redevelopment Agency. MS. PRESTON: Good evening. For the record, Debrah Page 209 February 27, 2001 Preston with the planning services department. For the record, I would like to show that the Board of Commissioners are in recess and the Community Redevelopment Agency has been convened. And Commissioner Mac'Kie is the Chairman of the CRA. COMMISSIONER CARTER: Commissioner Mac'Kie, would you like to carry on? CHAIRWOMAN MAC'KIE: She will take care of it. MS. PRESTON: Just for the record, in October we published a notice for invitation to submit proposals for the redevelopment of the mini triangle project, which the project site is shown on your visualizer. And we have received one proposal. And that was from F&P Investments. They will be doing a presentation for the Board today and for you to make some consideration on what the next steps will be. You have several options to consider. Before we get into the presentation, I would like to have David Cardwell, our outside legal counsel, give you a brief overview of the process that we are undertaking. MR. CARDWELL: Good afternoon. David Cardwell with the law firm of Holland and Knight, special counsel to the CRA. The process that you've gone through here and that you're still in the middle of is a process under the Community Redevelopment Act for when a CRA is going to potentially dispose of property that it may acquire some interest in that it must first publish a notice requesting proposals from developers for that property, receive those proposals, consider them, and then either reject the proposal, accept the proposal and enter into negotiation, or reject the proposal and go with another request for proposals. In this particular case, the mini triangle was identified in the Bayshore/Gateway redevelopment plan which you adopted as a County Commission, as well as a CRA. And it is one of the initial catalyst projects to try to stimulate redevelopment in the area. Because of the potential due to multiple ownership, some property might be acquired as part of a land assembly, which is a historic role of a community redevelopment agency. It was felt, if necessary, to go out, pull the RFP to, in fact, determine if the proposals did call for property acquisition. And you will hear in the presentation Page 210 February 27, 2001 from the one proposer that he does, in fact, request site assembly. What I would like to suggest is that you hear the proposal from the developer, then if you have any questions concerning what he's requested and how it fits with your plan and with the Redevelopment Act, we would be glad to try to answer those questions and then answer any questions that you may have as to how to proceed from here. CHAIRWOMAN MAC'KIE: Any questions, Board members? MS. PRESTON: Then with that, I would like to invite Dan Pioli, our submitter of the proposal to come up and give you his presentation. MR. PIOLI: Somehow we -- here we go. I'm waiting for this to be switched over to your television monitors by your technical people. CHAIRWOMAN MAC'KIE: Okay. MR. PIOLI: Thank you, Katie. MR. DUNNUCK.' Katie, could we get the power point presentation? CHAIRWOMAN MAC'KIE: She said we may need to reboot. MR. PIOLI.' I apologize for the delay, Commissioners. COMMISSIONER FIALA: We apologize to you for delaying yOU, MR. PIOLI: It should come right up. You should see this. COMMISSIONER CARTER: What if -- what if he talks us through the brochure. Would you like to walk us through the brochure? MR. PIOLI: That's the direction we're going. COMMISSIONER COLETTA: Maybe we can go to some of the MR. PIOLI.' Katie, if you could go back to the visualizer, please. COMMISSIONER CARTER: There we go. MR. PIOLI: Wait a second. That looks familiar. CHAIRWOMAN MAC'KIE: That's on the visualizer. MR. PIOLI.' I can see that. COMMISSIONER COLETTA: Good ]ob. MR. PIOLI: Good afternoon, Commissioners. CHAIRWOMAN MAC'KIE: It is evening. MR. PIOLI: Good evening, thank you. Anything after dinner Page 211 February 27, 2001 hour is evening, I take it. COMMISSIONER CARTER: Correct. MR. PIOLI-- As you know, my name is Dan Pioli and my company is FT Real Estate Investments. And I'm very proud of the fact that I was in a position to be able to respond to your request for proposals for the mini triangle redevelopment. The presentation that you're about to receive is the culmination of about one and a half years of work on my part and many more by others. Certainly preceding Boards have dedicated considerable hours to see that this project came forward. It is difficult, obviously, to compress all of that into five to ten minutes. So I will ask for your patience and I will be in a position to welcome your questions when we finish. The theme of my project is a beautiful village in a beautiful city. And I will try to get Debrah to go as fast as I can get her to go. The name of the project is Bella Villaggio, which in Italian is beautiful village. I have been reminded by one of my fellow countrymen here recently that it should be Belle Villaggio so that it was all more of a masculine name. But we'll work on that. And that project is presented, of course, by myself, Daniel Pioli, with FP Real Estate Investments. And this, of course, is a Bayshore/Gateway triangle redevelopment district initiative of the Collier County government for the mini triangle project. And in that this is a community redevelopment, it is a public/private partnership whose objectives are to achieve urban renewal, create a landmark gateway and catalyze further redevelopment throughout the district. What is Bella Villaggio? Well, that is a mixed use redevelopment plan that includes retail, office, residential and hotel uses. CHAIRWOMAN MAC'KIE: Was it just me or does that need to be -- sorry. There. Thank you. MR. PIOLI: The project seeks to achieve a Tuscan architectural theme in a pedestrian friendly environment with self-contained structured parking. And this all creates an urban environment with character and distinction. The site plan you see before you, which was a part of your original package, focuses on a few key issues that pertain to the site in particular. Along U.S. 41 on the lower portion of the site, Page 212 February 27, 2001 that being the kind of roadway that doesn't allow for vehicles to pull up to a curb, park, get out and go out inside a business, we chose to structure our primary row of buildings along 41 so that they would benefit from the passing traffic, with an access point located in the center of the property. Along Commercial Drive to the right-hand side of your screen on Building Number Six, we have positioned a proposed hotel project. Building Seven along the north on Davis Boulevard is additional office space. And the centerpiece of the project in the middle will be the piazza or the retail facility that will include both shops and restaurants through a two and three-story facility. What we have tried to do as well is to create a water feature out at the western point at the tip of the triangle that will be a true aesthetic feature that will really be a focal point of the project as you pass by in your vehicles. And that will be visible from all directions and will include substantial landscaping, as well as water features. Here what I have given you is a series of photographs that are about to follow that give you a sense of the architectural theme that would be included in the project. And just a little bit more slowly, if we could. Maybe we can go back. Here you see in this photograph a typical outdoor fresh fruit and vegetable, flowers and this kind of thing, the true outside type of environment out in front of a store that is part of a piazza actually in Italy. We will also create an outdoor dining environment in somewhat of a botanical enclave in front of some of the restaurants throughout the piazza, as well. And obviously this has been a very popular theme in Naples lately, especially along Fifth Avenue, as well as now up and down 41 and in other retail areas of the community. Structurally the type of design would include some archways that would also shelter the pedestrians visiting the property as they tour the various retail shops throughout the piazza. Here we see an iljustration of the kind of floral arrangements that can be positioned throughout to add character and warmth and charm to the facility, as well. The structural improvements here indicate how Page 213 February 27, 2001 we have a use of balconies and benches and wrought iron and shutters to accent the exterior and create a warmth and charm throughout the project. And here again, as well. There are five key elements to the redevelopment of the mini triangle. These elements are a product of considerable research on my part. As I first undertook the process through discussions with Commissioner Mac'Kie over a year ago, it was apparent that there was some issues that have to be addressed in order for redevelopment to occur in the mini triangle. These aren't going away. Regardless of who your developer is, these issues must be addressed. Land acquisition cost, transportation, environmental, stormwater management and parking. Now, if we were watching power point, these would be coming in very nicely one at a time. Element number one, land acquisition costs are extraordinarily high and the purchase of property will set records for U.S. 41 East in Naples. Prices comparable to 41 North. This is clearly a change in the trend of property valuation along the eastern corridor of U.S. 41. Element number two, transportation system deficiencies. Without question, everybody agrees that something needs to be done with the Brookside/Davis/Commercial intersection. A realignment in that intersection is what's been proposed. There are three potential alternatives as to how that might be addressed. One, to realign Brookside with Commercial. Two, to do a minor realignment of Commercial with Brookside. And three, to do a major realignment of Commercial with Brookside. In any event, the intent behind the realignment is to achieve a signalized four-way intersection. And that new traffic signal will facilitate the flow of traffic not only to and from the property, but to and from those areas east of Commercial Drive, which is the subject of future redevelopment activities, and to facilitate the movement of traffic over into the Royal Harbor and Oyster Bay and Naples Land Yacht Harbor neighborhoods. I didn't get anybody's particular attention with that. But the idea being to create a safer means of getting to and from those residences that they were deprived of when 41 and Davis Boulevard were modified by FDOT. Element number three, possible environmental contamination. It's clear over the years there's been a history of suspect activity Page 214 February 27, 2001 on this site. And this site is downstream from additional suspect activity. And it is anticipated that the soil and groundwater are contaminated and will require substantial remediation. Element number four, stormwater management. I don't need to tell you about that problem. It is well known and well documented. Because of the cost associated with each of these four elements thus far -- and they are substantial -- in order to achieve an economic result that would even prompt someone from the private community to come forth and participate in this redevelopment process, how the parking is handled is going to be a very important issue. My proposal is to structure that parking and put it inside the buildings. No parking garages, no cars underground. It would eat up the site so quickly that you wouldn't be able to get enough density in there to achieve any kind of a viable economic result. So this proposal includes structured parking and for that reason. Now, those five elements together are what need to be done to prepare this site for redevelopment. And what do they translate into? Density. Now, typically that's not a good word. But I know all of you have seen the Naples Daily News article, thanks to John Henderson and his considerable research in working with me to present information, that clearly identifies for you how this type of a concept has worked extremely well with Mizner Park in Boca Raton and with City Place in West Palm Beach. Before you today is a staff recommendation that includes language that may result in the modification of the RFP. If that language were to place any kind of a limitation on the density that could be allowed in this mini triangle project, that insufficient density could result in insufficient economic results. And that can translate into a limitation on property values and potentially unmarketable properties. And that equals no change and continued blight. It's a serious issue right there that if a developer isn't able to achieve a sufficient economic result, then the properties won't be redeveloped and the property owners won't be able to get the price that they think is fair and equitable for their property. A developer's note here. The original proposal that was submitted to you -- and I am trying to go as quickly as I can. Page 215 February 27, 2001 We're almost finished given the late hour -- included an allocation of uses and densities that may have exceeded a DRI threshold. It was never the developer's intent to submit a proposal that would have to be a DRI. On the other hand, if a DRI is required in order to get the economic result that is necessary to merit the redevelopment, then that's what will have to be. But given that that's unknown at this point, what I have done is reallocated the uses as following: Office was reduced from 250,000 square feet to 150,000. Residential was increased from 85 units to 135. The retail space was retained at 175,000. And the hotel, instead of being proposed at 200 rooms, is now proposed as 150 to 200 rooms. All of that will be subject to where it ultimately ends up as a DRI calculation. Why Bella Villaggio? Well, that's simple. Jobs. 2,500 of them estimated during construction and 2,000 permanent jobs in Collier County. Impact fees. Approximately 1,200,000 after proposed discounts, waivers and credits. Ad valorem taxes. Approximately one million five hundred annually based on the current millage, plus untold additional tax revenue as a result of increased area property values. And this is already happening. Other tax revenue will include sales tax annually and bed tax revenue from the hotel. The project capitalization is proposed to include County contributions that include an advance against the tax increment financing, impact fees, credits, waivers and deferrals, capital project cost participation, an EPA grant application, and permit and other fee waivers. Bella Villaggio is clearly a unique opportunity to lay the foundation for the future and meet the needs of a growing population and prepare for the day that the growth turns around and comes back down U.S. 41. (Commissioner Henning entered the Boardroom.) MR. PIOLI: And I offer as evidence of this Winding Cypress in excess of 2,000 residential units already approved out 41 East. Hampton Harbor is over 5,000 units, if I have that correct. Fiddler's Creek is over 5,000 units. And Lely Resort. These are major investments that are already in place and there are more to come in the future. Page 216 February 27, 2001 One of the critical things that I think that has to happen in this community that's being overlooked is that we have to create better balance. In this community we have basically the mall in midtown, the Waterside shops and the power centers in the north end. You have no such similar retail facility serving the south end of town for all of this future density that will occur out to the east. If we are left in a position where all of those residents have nowhere to go but back to the mall or up to the north end of town to shop, then your traffic congestion that already is problematic there will be even worse. One of the key components to your community's infrastructure has to be better balance in its retail facilities. And I am here to tell you that within two miles of the Davis/41 intersection, in 1998 20 percent of all retail dollars spent in Collier County were spent there. At that time that was $850 million. The number will be bigger now. I didn't have a more recent number unfortunately. There's clearly a need not only to balance the community, but to meet the needs of the future, as well. Bella Villaggio is, again, a beautiful village in a beautiful city. And that is presented, of course, by me. And I have a prepared closing statement that I want to offer and then I will welcome your questions. In closing, I would like to inform the CRA that a broad base of support has developed for my project. I will leave with you today -- and I have copies right here for you -- of letters from residential homeowners' associations that include Royal Harbor, Oyster Bay, and Brookside and various business and professional interests offering their support for Bella Villaggio. This includes Hammer, Siler George Associates, one of your own land planners who participated in the process of preparing your redevelopment plan. That support also comes from within the mini triangle property owners' association. Depending on -- depending upon who is a registered speaker today, you may hear that some of these property owners support my project and not a proposed plan to be sponsored by their own property owners' association. As evidence of this, I must inform you that I have been Page 217 February 27, 2001 informed that all 14 property owned -- properties are for sale. And I have reached an agreement with four of them to purchase their property. I will modify that only slightly and say that I've reached agreement with four of them. Three of them are signed and one of them is in financial review. I also am entering into negotiations with two additional property owners this week. I hope to have as many as six or seven under contract in the very near future. In spite of what staff and the Board of County Commissioners have been led to believe, it is my opinion that the property owners' association never intended to submit a redevelopment plan. Before you today is a staff recommendation to not accept my proposal and to direct staff to re-advertise the RFP for the mini triangle. This arises out of a supposed POA, property owners' proposal, and staff concerns regarding the intensity of the proposal. In light of these new developments, I, therefore, ask the CRA to direct staff to enter into negotiations with me to arrive at acceptable development agreements so that I can complete the job I have started. This concludes my comments and I will welcome your questions. COMMISSIONER CARTER: Questions for Mr. Pioli? COMMISSIONER HENNING: Mr. Pioli, I apologize for being late. I had a commitment. MR. PIOLI: Quite all right. COMMISSIONER HENNING: Your project -. we met several months ago -- MR. PIOLI: Yes, we did. COMMISSIONER HENNING: -- on your project. Has it changed one bit? MR. PIOLI: Actually, I -- it's changed only to the extent that I've reallocated the uses to bring the calculation of a DRI down below the threshold. Otherwise, the uses are pretty much the same. The positioning of the improvements on the site are the same and the project has advanced considerably in terms of its architectural design. And I have advanced my discussion with prospective development partners and investors considerably, many of whom are standing by waiting for the outcome of this meeting. Page 218 February 27, 200t COMMISSIONER HENNING: Now, when you submitted your RFP it has changed because it didn't -- it went over the thresholds to a DRI? MR. PIOLI: It was a DRI. And it was never my intent to submit a DRI. I didn't think either the County or myself would want to go through the time-consuming process and the expense of a DRI application. It was never my intent. And, in fact, I sought counsel at the time prior to submitting the proposal to determine if, in fact, I exceeded the DRI threshold. And, unfortunately, I didn't get the guidance I needed. Given the deadline and the fact that it was 5:00 -- it was due in by 5:00 on Thanksgiving Eve and it was 4:00 when I actually delivered it, I had to get it in knowing we would revisit this issue certainly during this presentation, but at the very least during my negotiations with staff for the development agreement. COMMISSIONER CARTER: Are you at liberty to disclose who the three signed contracts are with? MR. PIOLI: No, sir. We have a confidentiality agreement. COMMISSIONER CARTER: Public speakers. CHAIRWOMAN MAC'KIE: I just had a couple of comments right, if I could, before we go to public speakers. First of all, just to thank Dan for the amount of time and commitment and effort he's put into this. It has been phenomenal. It has been -- you have helped me with my learning curve as I learned about redevelopment and how to do it. And I think in some cases we have learned things very positively and in other cases we have learned some negatives. I've made a commitment to state publicly what I am about to say. And that is a sincere apology to the property owners who own property within this mini triangle that we did not communicate with you better before going forward with this. I have apologized to them already, but I told some people in a public meeting that I would make that apology publicly in this hearing. So I am doing that. Because we got off on the wrong foot, I think we have -- I think we have done some improving to that. I think that the -- the relationship with the property owners is now going to be a Page 219 February 27, 2001 better one. But I think, Dan, that you and I both learned that lesson the hard way. And I think in hindsight .- I'm guessing, because I haven't spoken to you about this. But I imagine that you wish, as I do, that there could have been a different -. better communication with the property owners. Because basically they got up one morning and read in the newspaper that the County was going to redevelop their property. And, you know, there is a lot of excuses that we can make and a lot of discussion we can have about how we came to be in that position and -- similar to the Pelican Bay discussion, frankly, about one zillion meetings that we had and one zillion opportunities for people to participate and they didn't. But, you know, bottom line is I wish that I had made 14 phone calls to 14 property owners to talk to them about what was potentially happening. And I want to apologize to them for not doing that. I also think that there is a lot of positive that can come out of this. Although, I have to agree with the staff's recommendation, Dan, that we don't accept your proposal. And I differ with you on a couple of points. One, the most important one probably is -- I think that if we do re-advertise this we need to do it with some much clearer delineations of what is it -- a maximum, at least, amount of acceptable density, intensity, height, et cetera. Because despite the fact that I very much like the theme -- I think it is a beautiful, beautiful project -- it is just too much by a -- I don't know what factor, but by a very large factor, for what I would like to see happen on that triangle. The intensity and height and density were surprising to me once we got to that point. I think -- I was going to say this later, but I will just do my whole spiel now. I think that we need to re-advertise. I think we need to re-advertise with some more specific criteria, and that we need to ask you to reapply, if you're still interested, ask the property owners' association to apply, and anybody else who is interested to apply for this -- to respond to this new RFP, but with much more specific guidelines about what we would be willing to approve in the area of density, intensity and height. COMMISSIONER CARTER: I agree, Commissioner Mac'Kie. MR. PIOLI: Commissioner Carter, may I respond to some of those comments, please? COMMISSIONER CARTER: Sure. Page 220 February 27, 2001 MR. PIOLI: First, as far as notification of property owners is concerned, one of the very first questions I asked is if these people had been spoken to. And when I was told they had not been, the very first thing I did in June of last year was to send each and every one of them a letter telling them what was going on, which was what led us to this issue of me sending out newsletters to them informing them and updating them of what the process -. what process was unfolding. So I initiated that process right from the very beginning of my involvement. I know that's not new -- COMMISSIONER MAC'KIE: I'm going to interrupt you -- I'm going to interrupt you just to say that -- that I hope that if we go forward in this that if you're trying to work with these property owners -- I've seen that letter. And I hope you'll do a better job of communicating with them than that letter did. MR. PIOLI: The June letter? CHAIRWOMAN MAC'KIE: Well, the letter I saw was pretty presumptuous. MR. PIOLI: You saw a newsletter that was well after that. CHAIRWOMAN MAC'KIE: Okay. MR. PIOLI: But the idea was to inform the property owners. And I did take it upon myself to do that. CHAIRWOMAN MAC'KIE: And I'm glad you did, but -- MR. PIOLI: Okay. As far as the density issue is concerned, that should be, and I believe will be, of grave concern to the property owners and here is why. Less density means less income. Less income means less value for their property. It will place a limitation on the value of their properties very seriously. Now, the only way that redevelopment can occur would be for significantly greater county contributions towards the cost of acquiring that land. In other words, to make up the difference to them in terms of what their properties should be worth. COMMISSIONER HENNING: Mr. Pioli, I disagree with you. MR. PIOLI: And this will be an issue that you will be -- COMMISSIONER HENNING: Because the existing uses on the property are supporting that property right now. MR. PIOLI: The existing uses. You've said it correctly. What we are looking for is a redevelopment plan here that beautifies the area and acts as a catalyst for further redevelopment throughout the area. Page 221 February 27, 200t So you said it correctly. The existing uses are functioning fine there, but they are not what we want marking the gateway in accordance to the redevelopment plan. And that, I think, is the objective here. Now, I appreciate the position of everyone on the Board today. And I certainly anticipated this coming in here. But what I hope to accomplish as we are standing here today is that you have a greater awareness not only, one, of the expense that I've incurred to get us to this point, but the commitment I have made to do this right. The reason that these letters of support were submitted today was because I have been honest with people. I went to them. I told them the truth. I didn't pull any punches with them about what this was going to be, as I did with each of the five of you. Well, three of you were candidates and two of you were still sitting on the Board. I told you eight stories. I told you how many square feet. Each and every one of you knew that then and it hasn't changed in that respect now, not one bit, other than the reallocation. COMMISSIONER FIALA: You are absolutely right. You have been up-front and forthright with us. MR. PIOLI: Absolutely. COMMISSIONER FIALA.' And I would be the first one to say you approached me way before. I don't even know if I was a candidate. Or if I was, that was great. MR. PIOLI: I am not sure you were at the time. COMMISSIONER FIALA: And you showed me your .- I was so excited and thrilled that somebody would even look favorably upon that area because nobody that owned property in the area seemed to do anything about looking favorably upon their own property. COMMISSIONER MAC'KIE: But, you know, that wasn't their fault. That's where the County's role in this redevelopment -- forgive me for interrupting. COMMISSIONER FIALA.' Yeah. CHAIRWOMAN MAC'KIE: Because I know that you know this already, but I just want to say this. The County's role in the redevelopment of this mini triangle and in the whole triangle is to Page 222 February 27, 2001 see where we have regulations that inhibit the redevelopment of property. And we have many in this area that do. They have to do with parking mostly. They have to do with the configuration of the lot sizes. I mean, we've learned a lot, as I was saying, as we went through this process. They also had to do with the fact that there is no stormwater program in there. There's property floods. I mean, we've learned a lot about what the County's role needs to be. And, frankly, we had boxed people into the position where they couldn't do much to improve. COMMISSIONER FIALA: Because they were grandfathered in also. It would have cost them a lot of money in order to improve the appearance of their property, yeah. Anyway, Dan, I just wanted to state up-front that, yes, you were very honest. And when you sent letters out to the people in there, you even called me to let me know that you were advising all of the property owners. I know you were up-front about that. COMMISSIONER CARTER: Do we have public speakers, Mr. McNees? MR. MCNEES.' You do. You have about eight. Your first is John Hooley. CHAIRMAN CARTER: My position, Dan, is I really appreciate what you have done. And I think we've all benefited from the experience. But I'm a private sector guy and I want to see the private sector work through this and come back to us in a way that there is minimal involvement on the part of County, other than to establish the specs. And we may need better specifications as we put it out for a second time around. COMMISSIONER COLETTA.' I concur with you too, Doctor Carter. If you want to take a straw poll, maybe we can help them move the process along. MR. PIOLI: Well, let me say -- and I will step away from the podium. You haven't seen the last of me. COMMISSIONER CARTER: That's good. CHAIRWOMAN MAC'KIE: Great news. MR. HOOLEY: Ladies and gentlemen of the Board, I'm John Hooley. Page 223 February 27, 2001 I live at 386 Pine Hurst Circle in East Naples. And I'm here as the President of the East Naples Civic Association. thinkI too am very impressed with what Mr. Pioli has done. I it would be great for the area. The only concerns we have really are some of the same concerns that you have voiced. We have got a high density. And I know Mr. Pioli says it is just not going to make economic sense unless you have that high density, but I am not sure eight stories backing up to 41 is a good idea. Maybe it can be redesigned. But if you go from ground level to eight stories, that is little tough on the eyes. And I'm fully behind Mr. Pioli and the County Commission in granting a certain amount of deference in getting this place redeveloped. And I think he's -- I think he's come up with a plan, but I also think we have a duty to the people who live in East Naples to make sure that if he is acquiring the property through private acquisition that we help. But I don't know that we can force these people to sell their property. And that's been one of the issues that has been brought to the East Naples Civic Association that we can't support. Thank you. COMMISSIONER CARTER: Thank you. MR. MCNEES: Your next speaker is Kathleen Slebodnick, who will be followed my Don Sheehan. MS. SLEBODNICK: Good evening, Commissioners. My name is Kathleen Slebodnick. I have been here since 9:00. I am fuzzy. I don't know about you, but I hope what I have to say makes sense. COMMISSIONER CARTER: You're doing great, Kathleen. CHAIRWOMAN MAC'KIE: I relate to the fuzzy comment. MS. SLEBODNICK: I think what -- I have been involved in the mini triangle properties, I think, ever since we started talking about this. My records go back to 1997. CHAIRWOMAN MAC'KIE: I know you have. MS. SLEBODNICK: It may have been earlier. I think I have attended every meeting about the triangle, all the Landers-Atkins workshops, the discussion with the lamp posts, anybody who let me in the door, including a private home where the DFOT and the County met regarding the flooding, and interviewing the owner of the Lizard Cafe when we had to wade through the stormwater to get into the place. So, if nothing else, tenacity brings me here. And I -- I guess everybody has a right to my opinion. So that's Page 224 February 27, 2001 what I have to say. I have often characterized this area as a place where people come to for a different way of life and then they spend the rest of their days trying to turn it into the place they just came from. This is a very unique area. And, I guess, after 33 years of being a property owner in East Detroit, my eyes have become more Florida-ized. I am not offended, for example, by mobile home parks. They represent a way of life in this community or in Florida. And if they are neatly kept, there is -- I don't see anything wrong with them. I am not offended by modest homes with -- whether they're made of cinder block or whether they are made of stucco. They represent people who are starting out in life many times. They represent people who are doing the work. They represent people who have families and who have kids. And they are -- they are part of the community for everyone, not just the people who have come here on retirement incomes. I am not offended by mom-and-pop stores. These people provide services to the communities in which they exist. I am offended, however, by litter, trash, anything that appears in the triangle that should not be there. And I do support redevelopment. After all of those meetings, believe me, I do support this. I am offended by absentee landlords who do not care about their properties, who are there to collect the rents, who push the codes to the limit and see what they can get away with. I am offended by what I call McMansions and buildings that are built to the absolute limit of what is legally possible without any regard or respect for the community, their size, their character, or their scale. And I'm offended by replicas of Italian cities that are not Florida, particularly when every public meeting we have had in the last four or five years have said that the people who live in East Naples want an old Florida type of community, architecture and facades. And I support staff's recommendation not to approve this proposal. And after all of the time we've put in, I think we can do better. Thank you. CHAIRWOMAN MAC'KIE: Kathleen, I would like a transcript of your remarks because they were so articulate and so on point. Page 225 February 27, 2001 I commend you. If that is you with fuzzy thinking, stay fuzzy. Boy, do I agree with everything she said. MR. MCNEES: Don Sheehan, followed by Doreen Davis. MR. SHEEHAN: Good evening. I went out this weekend -- this past weekend to inform the property owners and the businesses of this meeting tonight and I was astounded how many people did not know anything about this triangle project. CHAIRWOMAN MAC'KIE: Wait. Of the 14 property owners within the mini triangle? MR. SHEEHAN: No, not of the mini triangle. Everybody knew about not this meeting -- a couple people didn't know about this meeting. But in the whole area where the -- where, I guess, you'd call the drainage basin. That's Phase II and Phase III. In that area there, I would say I only had two people that knew anything about this meeting going on. One person wasn't even aware that there was a triangle going on. She lives in Fort Myers and she was not aware of anything going on of this nature. So I would like the CRA to please make the property owners of this area more aware of what is going on with the properties. I was amazed. I mean, it was amazing going door to door letting people know about this meeting. COMMISSIONER HENNING: Mr. Sheehan, we are talking about the mini triangle. MR. SHEEHAN: I am, too. This does affect -- this mini triangle does affect these people also, does it not? COMMISSIONER FIALA: Yes. MR. SHEEHAN: It does. I mean, if you go forward with the mini triangle and the redevelopment of it, it is going to affect these businesses and these property owners. And they have the right to know what is going on and they don't. CHAIRWOMAN MAC'KIE: You know, Debrah, let's just pause and you tell us briefly what the method of notification has been for-- MS. PRESTON: I guess I would like to ask Mr. Sheehan if he received a notice of our meeting that we had about two weeks ago that was held at the elections office here. We sent a notice to, I think, around 2,000 or 3,000 property owners. CHAIRWOMAN MAC'KIE: It was 3,000. MS. PRESTON: 3,000 property owners that are registered with the property appraiser's office. We had a turnout of about Page 226 February 27, 2001 100 people at that meaning. And that meeting was geared towards everyone that is in the triangle area, which is bordered by Davis, Airport and 41. And from that meeting we are sending out another notice on meetings that we're having in the month of March. And we had several people come from this blue area, which is Phase II of the triangle project. MR. SHEEHAN: Okay. MS. PRESTON: The mini triangle property owners, we have sent individual letters to each of those property owners letting them know about what we have been doing with this particular project. We have a meeting scheduled with the blue area we are calling it and then we have a meeting scheduled with the orange area that we're calling it and then the red area. So we have divided them up into subareas and we're going to have meetings specific to those areas. We've also created a community redevelopment web site page that is accessible through the county web site. And so we're hoping to, again, be able to communicate better with all the property owners. So we are very sensitive of that, but I am really concerned that you didn't receive a notice if you are a property owner in that area. MR. SHEEHAN: I am. And I didn't receive a notice. CHAIRWOMAN MAC'KIE: Did you get your tax bill? MR. SHEEHAN: Sure did. I own five acres in that area. COMMISSIONER FIALA: She doesn't get it from the tax assessor. MS. PRESTON: No. I get it from the property appraiser's office. And we did find one mistake with Mr. Conroy, who had a wrong address listed with the property appraiser's records versus the tax collector. CHAIRWOMAN MAC'KIE: So why can't we get our mailing labels from the tax collector? MS. PRESTON: We have not approached that. But we are aware that there was a discrepancy and we're checking to find out what the lag time was between your tax bill and what the property appraiser has listed. We normally go to them and have them give the printout. But to go door to door and only find -- and not find -- and I forget what you said -- one or two people that were aware of this Page 227 February 27, 2001 process. MR. SHEEHAN: I was surprised myself. I really was. MS. PRESTON: Well, they might--we had, I believe, announced this at the meeting that we held two weeks ago that we were doing this. CHAIRWOMAN MAC'KIE: There was more than one or two people who were business owners and property owners in the blue area at the supervisors of elections meeting. MR. SHEEHAN: I must have hit the wrong people. I can give you a list of the people that I went to. CHAIRWOMAN MAC'KIE: Oh, I don't doubt you. It's just so frustrating. MR. SHEENAN: A lot of them were here this morning, but this meetin9 has dru9 out for so long today that, I guess, they left US. COMMISSIONER FIALA: And you had that problem at a couple of those meetings, too, didn't you, recently, Debrah? I mean, people saying, "1 didn't hear about this until my neighbor told me." And, of course, you sent out a rash of these things and yet you still didn't hit them. So I'm just wondering if maybe we could go to a different source to get a better list. MS. PRESTON: We'll check with the tax collector. And, again, we have been sending, I believe, both the site address -- because some people are renters and they're not the owner of the property. So that's another way to do it. But we're hoping that if we can get the information out and people are aware that if they do have access to the computer, they can go to our web page and be able to find out when the meetings are and what is going on and they'll actually be able to interact with us and give us their comments back. MR. SHEEHAN: When do you think the web page will be up and running completely? MS. PRESTON: It's under .- MR. SHEEHAN: It is under construction now. I went on there to look. MS. PRESTON: We are hoping within the next 20 days that it should be functioning. MR. SHEEHAN: Okay. That's wonderful. CHAIRWOMAN MAC'KIE: Thank you. MR. SHEEHAN: Well, I appreciate that. That's what I'm Page 228 February 27, 200t asking. I'm asking to be more informed, to have the people of the community more informed. Another thing that I would like to see is -. is the CRA going to give the private owners of these properties any incentives to redevelop themselves? Give them the opportunity to do it themselves and to beautify that area. It's -- go ahead. CHAIRWOMAN MAC'KIE: Every incentive that's available to anybody is certainly available first of all to the property owners. So yes. Absolutely, yes. MR. SHEEHAN: Like if we wanted to build new buildings on the property or whatever, would we get a break on impact fees? CHAIRWOMAN MAC'KIE: You certainly would have the same opportunity to ask for that -- MR. SHEEHAN: Right. CHAIRWOMAN MAC'KIE: -- as Mr. Pioli. MR. SHEEHAN: That's what I'm asking. CHAIRWOMAN MAC'KIE: -- if you have this project. COMMISSIONER CARTER: Ms. Preston. MS. PRESTON: If I might, we are planning on coming back to the Board in April with -- well, at the end of March to set up an advisory committee for the area. And then that area advisory committee will help us formulate some incentives that will be available to all the property owners, which will include facade grants, Iow interest loans, deferral of impact fees. There are several different incentives that we want to be able to provide each of the property owners. CHAIRWOMAN MAC'KIE: Commercial and residential. MS. PRESTON: Exactly. COMMISSIONER CARTER: But let's keep in mind that that package has not come to the Board yet. We have not agreed on what will be in that incentive package, other than that it will be under consideration and everyone will have an equal opportunity to apply and use it. I don't want to mislead you, sir, to say that there is one particular thing or another in there. It's just not the case at this point. MR. SHEEHAN: You know, it's not -- it's not any different than old Naples. You know, Fifth Avenue, Third Street. You Page 229 February 27, 2001 know, that was a -- we're calling this area blight or blighted. That was not any more blighted than this area, okay? It will redevelop itself in time. And giving the people the opportunity to do it themselves, the property owners, it could happen sooner than that -- sooner than -- CHAIRWOMAN MAC'KIE: Fifth Avenue didn't redevelop on its -- by itself. MR. SHEEHAN: No. CHAIRWOMAN MAC'KIE: So we are trying to offer the same incentives to you as were offered to Fifth Avenue. MR. SHEEHAN: Okay. COMMISSIONER FIALA: Didn't they propose a theme and so forth with Fifth Avenue so that it kind of flowed? CHAIRWOMAN MAC'KIE: You can only have a certain color of paint on Fifth Avenue. I mean, you know, it's very, very, very detailed on Fifth Avenue. But -- MR. SHEEHAN: Well, I hope you all really take a hard look at the mini triangle project. Because if that goes forward, I think it's going to be detrimental to the Fifth Avenue area, those businesses. It's really going to take away from. And what's going to happen to that area if that much density is put into that small of an area? COMMISSIONER CARTER: Well, based on the way we hear it from the City of Naples, they would like less people come down there and have more traffic, you know, out in East Naples. MR. SHEEHAN: Really? CHAIRWOMAN MAC'KIE: Do you have a business there, Mr. Sheehan? MR. SHEEHAN: No, I don't. CHAIRWOMAN MAC'KIE: Do you live in the triangle? MR. SHEEHAN: No, I don't. I own property there though. COMMISSIONER FIALA: I see, yes. CHAIRWOMAN MAC'KIE: Would you be so kind as to give a business card or an address to Ms. Preston? MR. SHEEHAN: Sure. CHAIRWOMAN MAC'KIE: the list. I just do that every time. MR. SHEEHAN: I will. CHAIRWOMAN MAC'KIE: And then we can be sure you're on Thank you. Page 230 February 27, 2001 MR. SHEEHAN: And thank you for your decision about going out for a reproposal on the mini triangle. COMMISSIONER CARTER: Thank you. Our next speaker. MR. MCNEES: The next speaker is Doreen Davis, followed by Jack Conroy. MR. CONROY: Doreen Davis is gone. COMMISSIONER CARTER: Okay. Mr. Conroy. MR. MCNEES: After Mr. Conroy will be Anthony Pires. MR. CONROY: My name is Jack Conroy. I've been a Naples resident for the last 38 years. I function today as president of the Apex Triangle -- Naples Gateway Apex Triangle Property Owners' Association. CHAIRWOMAN MAC'KIE: You would like for us to stop calling it the mini triangle and start calling it the apex triangle? MR. CONROY: Who knows. We all know what we're talking about. CHAIRWOMAN MAC'KIE: It's possible. MR. CONROY: The function of the association is primarily to provide cooperative support in maintaining property values in the area. We're in favor of being able to develop the maximum economic benefit from our property. We have several, several comments about the proposal. First, the reason for opposition to wholesale condemnation. I think I've mentioned this before, but the process of condemnation relies upon past sales. The East Trail has been flat in terms of sales for the past 15 years. If we rely upon past sales, we're not going to be able to generate the number of dollars that we believe to be the appropriate dollars for our property. And the second thing would be to be forced to sell at the time the infrastructure has been put in does not give our properties the appropriate time to appreciate in value. The real estate explosion that we have in southwest Florida occurs in slow motion. You don't see the explosion instantaneously. It takes time for the real estate market to mature, develop and for the values to be created. We're opposed to the current proposal because of its reliance upon condemnation in the documents that have been presented by Mr. Pioli. Contracts that are currently submitted Page 231 February 27, 2001 are not really what I would call contracts. They are more like free options. In other words, the contract is -- has a very small number of dollars at risk. You know, no dollars at risk, very small dollars put up in escrow. And it guarantees that the seller will sell at a stipulated price up to four years in the future. So the reality is that these contracts are, from my perspective -- and I am also a professional realtor, a commercial realtor. From my perspective, I think this is not an appropriate thing for anybody to sign that guarantees a price for four years. The intensity of the use will produce massive public outcry. We have already seen the reduction of use -- the voluntary reduction of use by the DRI, which is something we weren't aware of until just now. The economics do place an extraordinary burden on the property with that kind of intensity because it costs so much to build buildings that are between 84 and 140 feet high. The wind loading requires substantial structural construction such that the economics tend to be very difficult. By the way, 140-foot high building -- this is one of the numbers that's on his proposal. That's twice as high as this building here. Put another building right on top of it and that's the height that we are talking about. Caution about some of the models for the current proposal that we saw in the newspaper last weekend, Mizner Park and City Place. As part of the Fifth Avenue development group, we went over and physically visited Mizner Park and said, "Hey, this is great." What is great about it is that you have got all kinds of open space in the middle. Lots of big promenade space, ease of access. According to the little layout that we've seen, there is certainly no internal open space in this project. The intensity doesn't permit it. At the same time, the City Place is on five times as much acreage. They're not really comparable. There is a -- I notice one little subtlety that in both cases there was great public opposition on the part of people to both Mizner Park and to City Place. Well, the logical error that could be concluded -- well, there is opposition here. That was successful; therefore, this will be successful because there is public opposition. Subtle, but not, in fact, logical. Page 232 February 27, 2001 I would like to suggest a couple of other problems with the plan that we currently'have. The current idea of inviting developers without having well-defined land code elements. First, the problem -- there is a distinction between investment and value. If a person today invests in his or her property in the triangle -- as, for example, I did with my little nightclub operation there. I invested there, but that didn't add one cent to the value of that raw land for a redevelopment. The fact that Mr. Cagrone (phonetic} spent an enormous amount of money in terms of substructure that he had to have for his gas station a couple of years ago doesn't change the value of his land one minute. May I continue? CHAIRWOMAN MAC'KIE: Please. COMMISSIONER HENNING: Mr. Conroy-- MR. CONROY: Yes, sir.. COMMISSIONER HENNING: To save yourself some time, why not pass this off to Ms. Preston to take it under consideration? MR. CONROY: Okay. CHAIRWOMAN MAC'KIE: Well, I wish that we would give Mr. Conroy a little more time. Hey, I am the chairman of the CRA. We have to give you more time. MR. CONROY: Thank you, ma'am. I will be as quick as I can. COMMISSIONER CARTER: You didn't hear me object, Commissioner. MR. CONROY: We do have the problem of existing leases that the County will have to struggle with. Because some property owners, myself and many others, have, in fact, binding, existing leases. You can't just sell your land and walk away from those leases. That has got to be addressed. The problem is of satisfying all of the stakeholders. The stakeholders aren't only the landlords, the stakeholders are also tenants, people who have businesses in these lands and are under lease. These people have got to be made whole. And the making whole of everybody drives the price up in terms of this kind of thing. Finding alternative locations for businesses can be extremely difficult because people, like U-Haul -- now they use Page 233 February 27, 2001 three and a half acres. They don't use a one-acre site. So it is -- this drives the cost up because you have to -- they'd be looking to have a facility replaced that would fit their needs. Ultimately, you've got the problem of control. No single developer is going to come into the property, unless there is unitary control. Now, how do you do this? Well, one way is by trying to use free options, which is not a valid way. People, as a whole, I think, are not going to buy that. The second option is to put up cash and take risk. Now, that's the kind of person that all of us would probably talk with, but not where you don't -. where the purchaser takes no risk whatsoever. Finally, the problem of using the big hammer. The big hammer is condemnation. My suspicion is that there would be massive public outcry if, in fact, all of the properties were condemned. Jack Antaramian was quoted in the newspaper saying, '~Nell, I would be interested in this if the County condemned it all and handed it to me." But, you see, the issue is control and you have to know exactly what the cost of the property is. To ask another developer to come in without control, where he or she doesn't know -- have a clue as to what that property is going to cost means he or she is not going to be able to present a logical, well thought-out, economically sound program. Alternatives. "A", modify the zoning regulations to permit more intensive use, but not as intensive as the existing proposal. They should entice, rather than force property owners to cooperate and let the market do its own thing. But they have to be in place now. Second -- (Commissioner Henning left the Boardroom.) MR. CONROY: Second, negotiate the purchase of the land in the center of the mini triangle -- just in the middle -- and construct a parking garage, CRA, that would be usable by all property owners provided they participated in the joint venture. This would provide the most important element in a development scheme. Size, access and configuration would have to be developed in conjunction with the property owners. And, frankly, if the developer put a parking facility in the center of the triangle and let each and every property owner Page 234 February 27, 200t develop his or her property the way he or she sees fits. is the critical access -- the critical element. It could be office. could be retail, but let the market decide. Recognize the inevitable forces that are now at work and rely primarily on these. The idea that government knows best has been proven radically false by the enormous Soviet experiment that ended only a decade ago. Results of government economic planning can be seen strewn across the Parking It landscape of eastern Europe. Even today, as these governments struggle with the eyesores, the abandoned buildings and vacant factories that the all-wise government planners constructed between 1945 and 1989 in eastern Europe. CHAIRWOMAN MAC'KIE: And, Jack, you know that this Board has no interest in anything similar. I mean, you have heard from us enough to know that we are not the least bit interested in anything anywhere close to that. (Commissioner Henning enters the Boardroom.) MR. CONROY: No. I am talking about government planning. The government deciding how something should be planned. That's the issue, not condemnation. COMMISSIONER FIALA: But I'd like to participate in that. CHAIRWOMAN MAC'KIE: Well, it's our job. We have to participate. COMMISSIONER FIALA: Yes. MR. CONROY: I am talking at the regulatory level, not in terms of doing anything, besides establishing regulations, letting the marketplace do its thing. COMMISSIONER MAC'KIE: What else would we do? If we are not going to do eminent domain, what else would we do, besides establish regulations? MR. CONROY: If, in fact, you're not going to -- if, in fact, you're not going to exercise condemnation, then what you can do is work an infrastructure for the entire area, provide a parking facility, things of this character. CHAIRWOMAN MAC'KIE: Stormwater issues. MR. CONROY: Stormwater issues. Those are things that perhaPs only government can do. At that point then the marketplace -- COMMISSIONER COLETTA: This will be in the proposal that you are going to make to us? Page 235 February 27, 200t MR. CONROY: Okay. Now we talk about the proposal that we are talking about. The proposal presupposes that we can gain unitary control of the entire parcel. I rather doubt if this is going to happen. First, if Dan has, in fact, signed contracts -- I have heard that some people have verbally agreed to the price that has been offered. I haven't heard that they have physically signed the document. If they have, then, in fact, what this means is there's no -- that there can't be a single, unitary proposal as we had expected. Secondly, we have two people -- national companies -- who are not interested in investing. They would have to be bought out and they would have to go somewhere else. And they don't want to be bought out. They don't want to be bothered with this. They want to do their business. I'm talking Goodyear and U-Haul. The reality is they say, "Look, we're users. We're not investors." I'm an investor, not a user. So those folks have said, "We're not interested in cooperating in putting our property in, contributing it as equity," which probably -- I would say probably 11 of the 14 people would be likely to do. COMMISSIONER COLETTA: What you're saying is that this is just an exercise that will never work? MR. CONROY: I am saying that I doubt whether our association is going to be able to present to you -- now, I remember when I first brought this up, which was like 60 days ago. At that point I said, "We would like to try it." We have formed the association. We have had meetings. We have done research. We have talked to people. And I would say it is unlikely that the property owners' association as a totality, as a single, unitary group are going to say, "We'll do Dan Pioli's deal, except that it's going to be this way, instead of something else." CHAIRWOMAN MAC'KIE: Could we get 11 to agree? MR. CONROY: Conceivably. CHAIRWOMAN MAC'KIE: If the 11 could agree-- if a majority of property owners could agree and bring forward -- would they consider bringing forward a proposal either on their own or in conjunction with Mr. Pioli, another developer, with -- what we need to know is: How many of you -- let me say this a better Page 236 February 27, 2001 way. The very best alternative for the redevelopment of this apex triangle is if it is done in a unified plan. I'm not suggesting that every -- one entity has to own all of the land. I am not suggesting that the County knows what should go there. I am suggesting that in order-- like Fifth Avenue South where you had small properties with no opportunity to solve their parking problems --you have identified parking and I would add to the list stormwater as the two impediments to redevelopment, other than the regulatory impediments that we need to get out of the way. We're in the process of developing zoning overlays. We have done some of that already on Bayshore and elsewhere. COMMISSIONER CARTER: Well, that -- CHAIRWOMAN MAC'KIE: The issue is: Are you -- can your group bring forward a unified proposal for development or can you at least bring us one that says, "If we owned this piece of property and this piece of the puzzle that we don't, here is what we would propose to develop"? Can you do something like that? Otherwise, we're just stuck. MR. CONROY: Yeah. I think there's a limit to what we can do because of the character of the ownership that doesn't want to participate. COMMISSIONER CARTER: Well, that's true, but -- CHAIRWOMAN MAC'KIE: Give me that in a shaded -- you know, give me a redevelopment plan that says, "If I owned all of this property, this is what I would propose." COMMISSIONER CARTER: But no matter who comes with .- if you have two pieces of property there who are going to refuse to participate, that will be a given and you have to come to us or anyone has to come to us with plans that incorporate that this is the remaining stumbling block. And it will be up to us to then reach some sort of conclusion on what we can approve or not approve or how we go about it. CHAIRWOMAN MAC'KIE: Or maybe that's where eminent domain is the appropriate thing. COMMISSIONER CARTER: Well, that becomes an option. COMMISSIONER FIALA: There's been -- COMMISSIONER CARTER: Let me finish one thing. We in government have a responsibility for architectural standards, of Page 237 February 27, 2001 landscaping standards, of community character. So our role is if there is a theme, that's great. A theme for Fifth Avenue. As long as you stay within that framework, whoever wants to bid on this process, great. What I think -- that's our role and that is really the end of our role. And I would like to let the free market forces work through it and come back to us with recommendations, whether it is in conjunction with or separate from. Excuse me for interrupting. COMMISSIONER FIALA: I absolutely agree with the theme. But the free market sources, as you have mentioned, have been at force, at work for the last 27 years, as long as I have lived here. And I've just watched the place deteriorate. I've seen people that don't even care about their property. They board it up or they abandon it or they never bother to fix it up, clean it up, even mow it. And so free market forces haven't done much. Dollars will get you donuts, when tax time comes, they figure on the bottom line taxes aren't -- I mean, their property is worth nothing. But if a good developer wants to come in and redevelop that area, their property values are going to be sky high then because they feel it is worth a lot of money eventually. But as long as they hang on to it and leave it in this deplorable condition, it's not going to be worth anything. Somebody needs to guide it. COMMISSIONER CARTER: That is the free market approach. That is -- with a set of eyes, whether it's under this authority, it is now a change in direction. So, therefore, if you had no motivation in the past, you currently now have a motivation to become a player. And just by the establishment of this authority and sending it out for an RFP change, what could happen there -- possibly happen there? MR. CONROY: Could well be. COMMISSIONER CARTER: You've got everybody's attention. MR. CONROY: I think the presupposition that we are operating on is that unitary ownership and control of the mini triangle is a necessary element. COMMISSIONER FIALA: No. It's not necessary. MR. CONROY: And I don't think it's necessarily the case. In other words, Fifth Avenue did not develop as one. Page 238 February 27, 2001 COMMISSIONER FIALA: No. MR. CONROY: Nobody knocked down everything on Fifth Avenue. CHAIRWOMAN MAC'KIE: And that's why I said not unified control and ownership, but a unified development plan. COMMISSIONER FIALA.' Theme, just as Jim said. CHAIRWOMAN MAC'KIE: A plan for shared parking. That's all I'm talking about. MR. CONROY.' I think this kind of thing could most likely be developed. It is my belief that it can subject to all kinds of problems, such as existing leases. You know, Don Chesser has got a lease on a tower with AT&T. That's a long-term lease. He can't just say, "Well, we can forget about that." He's got to be concerned about his obligations in having entered into that lease. COMMISSIONER COLETTA.' I think where we are heading here is we are going to be not accepting the proposal as submitted and directing the staff to return to the Board within 120 days to consider re-advertising. This is where you would come in at that point in time to be able to make your proposal. I don't think we can ever build a mini triangle here at this desk right now. CHAIRWOMAN MAC'KIE: Definitely not. COMMISSIONER FIALA: And you are not planning on coming back to us then? COMMISSIONER COLETTA.' Yes, he is. COMMISSIONER CARTER: Do we have any other public speakers? MR. CONROY: No. I think that I would work to bring the association back to present something. I will say that if we, in fact, have letters of intent executed or contracts on certain of the parcels, that this itself means, "Well, we can't include that." In other words, if somebody has already signed a commitment to Dan that they would sell their property to him, they have given up certain rights to participate in this. So what I can't say is that I can -- I can't speak for those folks who may have executed contracts, because they have given up the right to do something other than sell in a period of up to four years. COMMISSIONER COLETTA: You can only do what you can Page 239 February 27, 2001 do in the framework that is left over. MR. CONROY: You got that right. CHAIRWOMAN MAC'KIE: And what we are going to need -. and then we need to go to the next speaker. We're going to need guidance, advice, thoughts on how we can structure an RFP that gives you the opportunity to respond within development constraints so that you know how high, how tall, all those things. MR. CONROY: Correct. CHAIRWOMAN MAC'KIE: But that don't tell you that you have to have a unified ownership to come back in. MR. CONROY: That, I think, makes sense. And provided that the land use regulations are put in place prior to requesting the proposal, then you don't get a situation where somebody says, "Well, Mike, we have got to have 140-foot high buildings." CHAIRWOMAN MAC'KIE: I don't think we have to put the land use regulations in place. I think that we have to define the limits in the RFP. I mean, that's different from adopting zoning regulations, which will take us a year. MR. CONROY: Okay. CHAIRWOMAN MAC'KIE: Thank you. MR. MCNEES: Mr. Pires will be followed by Chris Lombardo. MR. PIRES: Madam Chairman, members of the Board, Anthony Pires. I represent Sand B Investments, Inc. who owns property at 1911 Tamiami Trail South -- or East, I guess, depending on how you want to characterize it. We concur with the staff's recommendation of not accepting this proposal submitted by Mr. Pioli's group. What we request is a little bit different twist, as far as direction to staff, and as part of the discussion that has ensued from Commissioners Mac'Kie and Carter and all of the Commissioners with regards to what would be appropriate for coming back before this Board. We think a collaborative effort, working with the staff-- and the staff came up with this great idea for the area east of Commercial Drive to, in the next year or so, work with those property owners, identify the LDRs, land development regulations. Be they the subdivision regs, be they the stormwater management regs, be they the landscaping, parking, the zoning district regs, identify those that are impediments to redevelopment to this area and identify what areas can be Page 240 February 27, 2001 modified and adjusted to create the greater flexibility to incentivize the private market. That's -- CHAIRWOMAN MAC'KIE: Tony, you know we have done that over the last couple of years. MR. PIRES: Not in this area that we are aware of. In fact, I asked that of staff for this particular area because I think -- using the Fifth Avenue analogy is very appropriate because, as Commissioner Carter indicated, the properties were -- it took a long time for the parties to agree upon the concept and the overlay and the SAC committee process. And properties, such as where Harmon-Meek Gallery is -- I don't know if you realize, but that is a 50 by 100-foot parcel. Now, if they had been forced to aggregate that with everybody else to come up with a huge project, that wouldn't be there today. I can assure you. CHAIRWOMAN MAC'KIE: We don't want them to aggregate. MR. PIRES: So the ability to have LDRs is that we allow development in the aggregate or allow individual parcels as part of this overall concept. I think it would be appropriate. And that is something that we would greatly look forward to working with the staff and coming back to this Board. It may take six months. It may take eight months. But that's a process that we think is important. That's the horse before the cart. I think what you're seeing is the cart before the horse by buying into a concept of, "Here is what we want." You've already -- in a sense, you're driving something else. You know, it's almost like a contract zoning situation. We think that we can work with you on that. And we think that idea of using what you are planning on doing east of Commercial Drive is very appropriate in this area west of Commercial Drive in the mini triangle area. We have been concerned about the process. We thank you for the communications because we think that the communications in the past have been primarily with one individual who has expressed the desire to utilize this governmental body and its funding sources to acquire my client's property. And we believe that the proper incentive is through revisions, looking at the LDRs, looking at the LDCs, creating flexibility and incentives for the private marketplace to look at that and realize the value. As far as the agreements, I will make as part of the record a Page 241 February 27, 2001 copy of one of the agreements. It is -- it is a 24-month due diligence, $500 down. It is contingent upon him getting contracts signed with everybody else. I think the term is illusory, I think Commissioner Mac'Kie, from her practice of real estate law, would indicate. I would like to make this part of the record so you all see -- CHAIRWOMAN MAC'KIE: I would love to see that. MR. PIRES: -- the good faith proposals -- and I'll use that term loosely -- that are being extended out there. And I think what also I would like to have made part of the record all of Mr. Pioli's materials that he was using in his power point presentation and to make them part of the record. And if we can get copies of this at a later time. What we would ask, therefore, is that there be a rejection, as you indicated, to staff's recommendation as to not accept the proposal. But at the same time, as opposed to saying in 120 days resubmit for RFPs and come back with a proposal for a plan, that in that period of time -- and maybe take a little longer. It's a maturation process, as Mr. Conroy indicated. You can't force it to occur. And I think that's what this mechanism that's being driven today is to try to force something. The attention of the property owners has been achieved. I mean, that's now been achieved. The communication system is much, much better. I'm getting e-mails from Debrah on these things, which is terrific. I mean, these things pop up on my e-mail and I can't ignore them at the peril of-- maybe that's why Debrah is smiling. Because I have -- I mean, it is good. I think that's wonderful and that's now occurring. That is something that has been resolved. So we -- we would request the time frame. And maybe, like I said, take six months, take eight months, that we can sit down and work with Debrah, work with the current planning section also and identify -- look at the whole LDC and say, "What causes the problems?" And we thank you for the opportunity to, you know, bring our concerns and your receptiveness to the idea of letting the marketplace drive what's going to go there. The values will be going up based upon incentives through the LDC and LDR revision process. COMMISSIONER COLETTA: Question. Page 242 February 27, 2001 MR. PIRES: Yes, sir. COMMISSIONER COLETTA: Where it says 120 days to consider re-advertising, you don't think that that is -. you think that that is too short of a time frame? MR. PIRES: I don't think it will work. I think, once again, what will happen is you'll come back with proposals of just a concept -- a plan without maybe identifying and sitting down with staff and the property owners identifying what land development code regulations are the disincentives, are the impediments. CHAIRWOMAN MAC'KIE: Debrah, what he is saying is making a lot of sense to me. Is there another side to that story that I should be thinking about? MS. PRESTON: Well, there's two things I wanted to bring up to your attention. One is that the recommendation was to come back in 120 days to the Board to ask them if they wanted us to go ahead and publish another invitation to submit proposals. Within that 120 days, staff would like to continue to meet with the property owners within that mini triangle and see what we could come up with. We've taken Mr. Pires' considerations. And if we just do a land development code change, will that work? There are some other issues that were also brought up. The cost of those infrastructure improvements that might need to be done and providing that shared access and can we get agreements for stormwater. So there is a variety of things that we want to look at. And what we wanted to do within the next 120 days is to continue meeting and then come back to the Board, give you sort of an update. If you want us to then go ahead and publish another proposal, we can do that. Or if you want us to continue to work with the property owners, we can do that. And after you finish your public speakers, I would like to suggest that maybe David Cardwell could come up for one more minute to just go over some of the issues with eminent domain and the process. CHAIRWOMAN MAC'KIE: That sounds good. Thank you. MR. PIRES: We welcome the opportunity and appreciate that to work with you and the staff. Thank you. CHAIRWOMAN MAC'KIE: Thank you. Page 243 February 27, 2001 MR. MCNEES: Mr. Lombardo, followed by Chuck Gunther. And I will let you know that Mr. Pioli has also asked if he could have another couple of minutes when you are finished. CHAIRWOMAN MAC'KIE: Well -- COMMISSIONER CARTER: It's up to you, Madam Chair. MR. LOMBARDO: Good evening, Commissioners. I know it is a scary thought -- or it's a scary sight to see me standing here at, what, 7:20. And I'll -- CHAIRWOMAN MAC'KIE: What; are there some sort of Native American issues in this or -- MR. LOMBARDO: No, no, no, no, no. I will pass on the Native American issues today. I'm sure this is some sort of tribal ceremonial land that was developed -- CHAIRWOMAN MAC'KIE: It's bound to be. MR. LOMBARDO: -- under a joint venture between the Miccosukees and the Seminoles and the Caloosas when the Caloosas took over the property under an RFP. I am Chris Lombardo. I am here today on behalf of the Thalheimer family who has owned property in that zone since 1976 and has been a respected and active member of this community ever since. The Thalheimers have been involved in all kinds of projects, both on a civic basis and on a commercial basis and almost all with great success. I'm also here on behalf of Bob Taylor who has owned property in that zone since 1969 and has also been very active in this community and an extremely successful businessman. Bob has been here all day today because this is that important to him. I want you to know something. What I want you to know is that Bob Taylor's property is not for sale. It is not for sale. It has not been for sale. The statement that all these 14 properties are for sale is incorrect. I also want you to know that Danny Shryver is back there. Danny has been here all day. Danny Shryver's property is not for sale. It has not been for sale. Now, that is an important note. We want you to know something. We think that the way to do this is to sit down with the property owners and work out what can be best done to give them Page 244 February 27, 2001 incentives and move forward. That's what happened on Fifth Avenue. That's what was successful. It will be successful here. Commissioner Fiala, I think you need to recognize that it wasn't that long ago that the Florida Department of Transportation came through this stretch and caused a significant amount of upheaval for these businesses and a significant amount of stress, which caused some of these people to have to pull in their horns for a little while because they knew that they couldn't survive. COMMISSIONER FIALA: For Thalheimer it was. I mean, it put him out of business. MR. LOMBARDO: That's absolutely correct. COMMISSIONER FIALA: That's right. But some of the other businesses that are deplorable looking were deplorable before FDOT came in. MR. LOMBARDO: Well, Thalheimers -- just for the record, Thalheimers ran a successful business in that location up until the road widening -- COMMISSIONER FIALA: I would never say anything about Thalheimer. MR. LOMBARDO: .- and then we were put out of business. And we didn't go out voluntarily. We went down kicking and screaming. And we'll talk about eminent domain in a second. We think you -- what you did here was you said, "Let's pick the project, Mr. Pioli's, and now let's figure out how we're going to get there." We would tell you that you need to sit down and figure out the LDRs. You need to figure out what you want ultimately and the rules under which we're going to develop it and then see what comes forth from there. CHAIRWOMAN MAC'KIE: Will you work with us for next 120 days? MR. LOMBARDO: Absolutely. You know I will. You know I will. We want to point out something .- COMMISSIONER CARTER: As long as it takes us to where we want to go. MR. LOMBARDO: And we're going to get there. Resolution 2000-360, in our eyes -- excuse me, 2000-360. You know, you picked the project, you did the LDRs. You weren't doing a planning function in there. What I think, in my humble opinion, is Page 245 February 27, 2001 that kind of borders on what we would consider an illegal contract zoning. And it is out there. And, quite frankly, we're ready to deal with that issue. CHAIRWOMAN MAC'KIE: Why would -- MR. LOMBARDO: That, in essence, created a moratorium. And, quite frankly, it has chilled development. And, you know, it is interesting to us -- because what is frustrating to us is that you have some very good people in that area who have had strong commitment to this community and have been very successful and are saying to you, "Hey, all you had to do was come to us and say, 'What do we do?' And we will tell you and we will work with you and we'll get there." But instead what happens is we wind up in a situation where we're told October 22nd, "You have got 30 days to put together a proposal for redevelopment," when Mr. Pioli had over two years to consider that. I mean, I have an e-mail of June 16th, 2000 to you, Commissioner Mac'Kie, from Mr. Pioli. And we found this a little disturbing because it says, quote, "1 was driving by the triangle recently and see new types of businesses opening up there. This wouldn't be very consistent with the redevelopment plan. I thought I'd better remind you that I'm still going forward on my project and am concerned about what I see as it relates to my ability to assemble the sites. I wonder if this is something you would want to check out." And it goes on about rumors about Mr. Taylor's property. CHAIRWOMAN MAC'KIE: Did you get my response? MR. LOMBARDO.. And you -- I understand your response. Quite frankly, this is not his property. It's our property. We have an interest in it. We were alarmed and upset because we are given 30 days to put together a proposal and he had two years. And to us, that's a little scary. We are -- we don't want a private project forced down our throats. We are quite capable. We are quite competent. We have the funding. We have developers. We have the people. We are quite competent to go forward with this if we can work out what will be best for County and what will incentivize this approach. You know, when you look at Fifth Avenue what you see is the product of government working with the local owners. I'm going to ignore that for just a second. You see the product of Page 246 February 27, 2001 local government working with local owners and getting there in a very cooperative way. It is driven by the free market and the free market system worked. That's what our system is based on. It is a system that is extremely efficient for you because it avoids eminent domain. And, again, I want to have a couple of comments on that for you. And it winds up with what I think is best; a diversified product. You look at Fifth Avenue and it isn't an overall building. It is a diversified set of ideas that works. It's wonderful. You know, some of you know that I tend to travel a lot. And I'm Italian. I've been there a few times. And I was fascinated with the slide show. And I am here to tell you that I would take a flying leap gamble that the photographs of the building that you saw that were located probably in Italy weren't developed by a unified developer under some form of development plan. Those probably happened over centuries. It was probably a variety of people's mind-sets. And, quite frankly, most of those wouldn't get past your zoning ordinances because of all kinds of interesting and odd little problems. COMMISSIONER CARTER: You're telling me that you don't think that Caesar was that good. MR. LOMBARDO: Caesar was good in his day, but even Caesar must pass. But the point is that what you had -- what makes that interesting is that over the years you had all those little different developments, the same way Fifth Avenue came out. What you're going to have here is one big unified complex, which we find disturbing. 140-foot buildings, ten 14-story buildings is not what we want to see on our property. That's not something that we appreciate. Now, we would tell you that -- COMMISSIONER CARTER: I will have to ask you to kind of wind down. MR. LOMBARDO: I'm winding down right now. We would tell you that you need to avoid your eminent domain issue. And what you have to recognize on those 14 parcels is that those 14 parcels include not only land, not only buildings, but businesses. And I'm going to tell you, and I know from a firsthand experience, that those types of cases can be Page 247 February 27, 2001 long, can be painful, and extremely expensive for the County. You've been asked to be a joint venture partner with Mr. Pioli. You've been asked to put our tax dollars at risk. Not just the six or seven million dollars in impact fee waivers and all of those things, but also the acquisition costs. And I'm going to tell you is it five million, two million, ten million? No. It's going to be significantly more. You know, the Thalheimers can tell you with experience that eminent domain cases are tough things, but the juries tend to like the property owners. And we are -- you know, not as a threat, but just as an observation, all of these parcels, all of these unit owners are willing to stand to the bitter end to be treated properly in that regard. COMMISSIONER MAC'KIE: But Chris -- MR. LOMBARDO: We don't want to go there. We want to work with you. COMMISSIONER CARTER: That's what we're saying. CHAIRWOMAN MAC'KIE: And, you know, you guys are just hearing a lot of frustration because of how we handled it poorly at the beginning. And I think we're required to sit here and let people tell us what we've already said we're going to do is the right thing to do. You know, they're mad at us for the way we handled it. They're entitled to be mad at us. So I think we have to sit here and take this sort of verbal beating. COMMISSIONER FIALA: But we really didn't try to get businesses out, Pam. We invited them. CHAIRWOMAN MAC'KIE: We tried our guts out. MR. LOMBARDO: And I don't mean to be beating on you verbally. And I want to tell you that our thing is that we can forgive quickly, okay? You know, that's -- CHAIRWOMAN MAC'KIE: That's where we are. MR. LOMBARDO: And that's were we are, too. You know, we're here. We came here to extend the olive branch to try to get this thing worked out. And thank you for your time. MR. MCNEES: Chuck Gunther is your final registered speaker. (Applause.} MR. GUNTHER: It's a tough act to follow. Chris is always good. Page 248 February 27, 2001 My name is Chuck Gunther. I live in the triangle. I am a resident, own property there. 2448 Bayside Street. We just started an association or in the process of starting an association with property owners within the triangle. We do feel very strongly about this triangle and about the mini triangle. We have felt strongly about this from the beginning. The one thing we've heard through this whole thing through all the years that we've gone through all of these meetings .- and I have gone to most of them. They want input. They want input. And I keep saying this in every meeting. The input they have had has not come from the triangle. It has come from everywhere outside the triangle. And if I have to, I will have to subpoena all of the sign-in sheets. Most of the people do not come from within the triangle. COMMISSIONER FIALA: You're right. That's what we say. You have -- MR. GUNTHER: I'll tell you what, I've got more people out at my meeting than the County can get at theirs and they are supposed to have more money than I do because I'm dead broke. So we better get something straight. Something is not right. What we're saying -- in the beginning we said it was triangle and you had Bayshore. It was two separate groups. Fine. Then they said, "Well, we have to start a CRA." Make two CRAs. No, they made it one. So now the Board sits on the one CRA, the triangle is in the position where we have no real control, no nothing on it. Besides that, now they come in and saying, "Well, we want it -- just like Bayshore, we want to put a little thing and we give you two .- one or two or three percent, you know, mill increase in your taxes that will stay in your neighborhood to fix roads, make things pretty, stuff like that." That sounds good. The roads should have been fixed years ago. We should have had lights years ago. That is the County's job to do. It's not my job. I shouldn't have to pay extra taxes after we paid taxes for years. I call that dereliction of duty. I'm sorry. If they don't do it, it is not time for me to make up for it. We'd like to see the CRA dropped in the whole triangle. If you want a two or three mill increase in my taxes, I'll go back to my group and say, "Let's give Page 249 February 27, 2001 them a two or three mill increase. It is worth it." I wouldn't give it to the County. We don't trust the County. I would give it to this group right here; the mini triangle. These people there -- there is people there that know how to develop. We had right in that little neighborhood -- that is a small little area. Thalheimers built the Taj Mahal. Fifth Avenue had nothing compared to that building. It was a darn good building. It was a beautiful building. Couldn't match it. We had the most beautiful Burger King in the country. And Burger King will tell you that. It was the most beautiful in the country. It went bust because the neighborhood could not keep it going. We want to. We want to make our neighborhood better. We ask the County for things, we don't get things. And we can't get the -- the little swales out in front of our road taken care of. No, they say, "You take care of it." Fine. If I have to take care of it, that's good. But when I cut my leg off when I'm cutting the grass out there, the County is going to pay for it dearly. They're not going to pay just for the fact that I'm one person. I'm just telling you, you'll pay for the whole damn thing. I'm sick of this stuff. We want the County to work with us. And we want to work with the County. Let's work as a group. Don't fight each other. There's been mistrust. There's been a lot of things here. Mr. Pioli many times -- he come out to our first meeting. He gave a presentation. He told us -- he said it here today. He worked on this project for a year and a half. Well, here's the bid. That was a 30-day bid that came out October 22nd, 2000. That's not a year and a half ago. I've always thought it was illegal to bid on a -- to start working on a bid until the bid came out because you shouldn't know it is a bid. COMMISSIONER MAC'KIE: You know that he didn't really do that. You know that -- MR. GUNTHER: I do? No, I don't. CHAIRWOMAN MAC'KIE: Well, you should have. MR. GUNTHER: He said a year and a half he's been working on it. CHAIRWOMAN MAC'KIE: He's working on it the same as you Page 250 February 27, 2001 have. MR. GUNTHER: What is this? CHAIRWOMAN MAC'KIE: You've gone -- MR. GUNTHER: A bid is a 30-day bid. I am sorry. CHAIRWOMAN MAC'KIE: And-- MR. GUNTHER: This is my five minutes, not yours. I'm sorry. You know, we've got to work the way it should be. If a man has a bid, work within the rules. A 30-day bid is that; a 30-day bid. I don't think anybody here can come up with a bid for a 14-acre plot of land and say, "Here. Here's a beautiful place." CHAIRWOMAN MAC'KIE: You think you're the only one who knew -- MR. GUNTHER: I like Dan. He's a nice guy. But this is wrong. That's why the people don't trust the County because these things happen. We don't want that to happen. We want trust. We want to be able to work with the people, with the County, with people like this. These people will fix that triangle up. And they will fix it up to the tip of it to all three tips of it. We'll have a nice triangle. But let us do it ourselves. And that means the residential and the commercial. I don't need any more time. I'm tired. COMMISSIONER CARTER: Okay. Any other registered speakers? CHAIRWOMAN MAC'KIE: The only point that I wanted to make there about the year and a half business is that Mr. Pioli, as this gentleman was, has been involved in all of the meetings. Some of us have been doing this for five years now. Having community meetings. He apparently got the idea in his head a couple of years ago that he was going to try to do this and he has been working on it. That doesn't mean -- anybody else who has been at all these meetings or who could have been at these meetings could have, likewise, done the same thing. And I don't think he deserves to be criticized for that. There wasn't anything dishonest in that. Certainly there's nothing dishonest on the County's part. COMMISSIONER FIALA: Donny Chesser was at the meetings. I've seen him at some of the meetings. Page 251 February 27, 2001 CHAIRWOMAN MAC'KIE: And you know what, Dan, I'm not going to let you talk again either. COMMISSIONER CARTER: We are not going to have a dialogue with the dais. I'll tell you that. CHAIRWOMAN MAC'KIE: Excuse me. I'm not -- Dan, we are not -- MR. PIOLI: I'm not rebutting. CHAIRWOMAN MAC'KIE: I'm not going to let you. MR. PIOLI: I'm not rebutting. COMMISSIONER MAC'KIE: I'm not going to let you. You've had your turn. You had more than five minutes and that's enough. And we're going to talk over the next 120 days. We're going to talk and talk and talk until we're purple in the face and then we're going to come up with a program that will come back to this County Commission and we will all speak then. So I would like for our attorney -- and then I'd like to close the public hearing and we'll go to the discussion of the Board. MR. CARDWELL: Good evening. It's has been a long day.. I. will be brief. But a few things I would like to do -- because th,s ,s the first time that you, as a CRA, have gone through this process. I want you to know that this is not unusual. You're not the first CRA that's had the reaction. I've often said .- I have been in redevelopment in the state for over 20 years. And if you don't get somebody upset, you're not doing redevelopment. But one of the things that's so nice about the Redevelopment Act that you operate under is that it provides a great deal of flexibility in buying and selling property, acquiring property, putting deals together, negotiating deals with developers, using tax increment financing and other ways. So it's incredibly flexible and gives you some tools that you as a County could not do, but as a CRA that you can. However, it has one provision that I must tell you is probably the most restrictive and the one that causes the most problem. It's the 30-day rule. For whatever reason, the legislature when it put in the property disposition procedure said if the CRA wants to dispose of any property, it must publish a notice of intention to receive proposals and in 30 days, you know, close for those proposals. Page 252 February 27, 2001 So what has happened all over the state is almost every request for proposals -- and it is not a bid. It's a -- in this instance, it is very general what's submitted. RFPs are issued in response to someone -- a property owner or developer or someone coming to the CRA and saying, "I've got something that I'd like to propose." Well, we've got to open it up to everyone and the statute says 30 days. Now, there's a lot of CRAs that are grappling with how can we provide other ways for other people to get involved. I am going through this right now with the City of Fort Lauderdale that has a large 34-acre parcel with a potential for 50 and they said 30 days is not enough time. And we recognize that. But we put out a 30-day notice and the same thing happened there that's happened here. We got responses that said, "It doesn't work. This particular approach doesn't work. Try this approach." What it was is it was a learning process. You just -- I think the RFP just worked. You got the attention of the property owners in the mini triangle. You got the attention of other people in town. I think it did exactly what it's supposed to do. Maybe not exactly the way you'd like it to, but I think -- CHAIRWOMAN MAC'KIE: Somebody should have warned us then. MR. CARDWELL: Yeah, right. Unintended consequences, right. What I'd also like to mention under eminent domain, it is provided for in your plan, but it is as an acquisition of last resort. It has been used very sparingly around the state. In fact, earlier today Debrah asked me how many times has eminent domain been used in the State of Florida for redevelopment purposes where it actually went all the way to a take. Now, I served as general counsel for the Florida Redevelopment Association. I represent a majority of the CRAs in the state. I could think of five that it went all the way to a contested take. You know, very often the property owner requests condemnation. There are tax benefits for selling the property under condemnation or having it condemned. We've had some property owners actually ask to be put under a threat of condemnation. Page 253 February 27, 2001 But when you look at the -- at the contested ones -- I will tell you one of the most contested ones was Mizner Park. I know because I testified in that case. So when someone talks about a wholesale condemnation, there's been no evidence of that anywhere in the state. And it's really been used as an absolute last resort. It almost is a way of establishing value. What has happened in almost every instance, the process that's followed is that you do go through some RFP process, a developer is selected, and then one of their responsibilities is to assemble the site, if they have not already done so. And then if there is a holdout, if there is -- if someone says, "1 want to sell under threat," then condemnation has been used in the state. Also through that process is when you identify who is paying for what. And one of the things I think that we also learn from this RFP, if you look at the proposal that was submitted, is that there was a significant amount of up-front costs to be paid by the CRA. Now, that, again, is not necessarily unusual. If you look at the two projects that are mentioned in the papers at City Place and Mizner Park, there was a significant up-front public investment. However, what I would suggest as part of the process of developing the new RFP -- that should be, in fact, the direction you're going in -- is that -- I think that one of the things we've learned from this is we need to request more information from the developer. The RFP we did this time is the one that barely met the statutory requirements because we wanted to keep it as open as possible. What else was out there, besides the one that we knew about? I think now what we know is we should say, "If, in fact, you're going to need assistance with acquisition, let us know how much that's going to be. How much of that can you -- do you think you can assemble?" Second of all, if you're asking for up-front financial investment by the CRA based upon tax increment revenues, which have to be based upon the anticipated development, you have to know that that development is going to occur the way that it's projected to occur, not that it's going to be a hole in the ground for a couple of years. So I think you also need to have some market studies, some backup to projections on: Is there, Page 254 February 27, 2001 in fact, a need for a 150 to 200 room hotel on that site, for example? Is there something that backs that up? Because if you're going to go out in front with the investment, every CRA always makes sure that they are protected. That for, one, that there's project financing in place; that you have got your public investment protected in a variety of different ways. And that's what the development agreement provides you that opportunity for. So I'd just close by saying that the Redevelopment Act process gives you a great deal of flexibility. Unfortunately, you sort of learned that there was one limitation on the 30-day notice. But I also want to mention to the property owners -- the 14 in the mini triangle -- the Redevelopment Act says that so long that there is no proposal where the CRA takes title to any property, a neighborhood group, which can be commercial or residential, can submit a proposal at any time to a CRA on their own initiative. They don't even have to wait for an RFP. So if they've got something -- as long as it doesn't require you getting in the property acquisition business, but they just want some incentives, they can do so. They can identify, you know, that there's some land development regulations. And I think it's better for someone who is looking at development to tell you what the problem is, rather than you trying to look at it from the regulatory side. Let them tell you, "1 can't build here because of this," or, "1 can't make the improvements I want to make," and then give you some real life examples of that. So they've got a lot of flexibility there. And I'm sure as we move forward we'll be talking with them and trying to work things out. But I wanted you to know a little bit more about the process and tell you that you now can join the ranks of those battle weary CRAs who have gone through at least one round of this. CHAIRWOMAN MAC'KIE: Before you leave the podium, just a question, if my brain will stay in gear. You have seen this obviously in other CRAs before. Is 120 days enough time for us to be asking the property owners to give us some ideas? Is 120 days long enough for this investigation period? MR. CARDWELL: I think so. It may not be the end of the process. I think we need to have a reasonable deadline for what may be nothing more than a look-see and kind of where we are. Page 255 February 27, 2001 If you don't establish some deadline, it will just stretch out. And 120 days is enough time to do some things, but not so long as it is going to be forgotten. So I think it's probably a reasonable time. CHAIRWOMAN MAC'KIE: I am going to close the public hearing. I am going to -- I know I'm the Chair and I'm not supposed to make a motion, but I am going to make a motion that we accept the staff's recommendation that we reject the proposal before us; that we direct staff to meet with the property owners and the interested parties over the next 120 days to develop a plan to come back to -- to present to the Board of County Commissioners that will advise us whether or not we need to advertise again for another RFP, if we need to seek neighborhood application for approval for development, and specifically what land development regulations need to be changed in order to give incentives for redevelopment of the property. COMMISSIONER FIALA: Great motion. I second that. COMMISSIONER CARTER: May I add this to your motion; and/or providing us with recommended standards? CHAIRWOMAN MAC'KIE: Oh, absolutely. And that's -- recommended standards as opposed to recommended changes to the zoning regs? COMMISSIONER CARTER: Right. Just give us some criteria. CHAIRWOMAN MAC'KIE: Flexibility. COMMISSIONER FIALA: I will second the recommended -- or amended motion. CHAIRWOMAN MAC'KIE: Any further discussion on that motion? If not, all in favor please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes 5-0. I'm glad to know that was how it was supposed to work. Item #11C PUBLIC COMMENT ON GENERAL TOPICS CHAIRMAN CARTER: Now we are going to public comment Page 256 February 27, 2001 on general topics. MR. MCNEES: You had one registered, Mr. Chairman, but I think he's long gone. Bob Chrisosky (phonetic). CHAIRMAN CARTER: Now we are going to move to public hearings. How is my reporter doing? She's okay. Item #12B3 ORDINANCE 2001-07 REGARDING PETITION PUD-00-6, WILLIAM L. HOOVER OF HOOVER PLANNING, REPRESENTING RONALD W. RAGGE, REQUESTING A REZONE FROM "E" ESTATES TO "PUD" ALLOWING FOR A MIXTURE OF COMMERCIAL AND OFFICE LAND USES FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD (C.R. 896), AND OPPOSITE WHIPPORWILL LANE - ADOPTED WITH CCPC RECOMMENDATIONS AND STIPULATIONS COMMISSIONER HENNING: Mr. Chairman, we have -- we have a number of residents here on one of these land use items. COMMISSIONER MAC'KIE: Let's do it first. COMMISSIONER HENNING: It's the Ragge property. It is the last one. CHAIRMAN CARTER: Okay. If it's the pleasure of the Board, we'll hear the Ragge property first. COMMISSIONER MAC'KIE: Please, if that's what the speakers are ready for. CHAIRMAN CARTER: If you'll be quiet as you go out, we still have a number of people to be heard this evening. COMMISSIONER MAC'KIE: Is the matter -- is the Ragge PUD the one that we have registered speakers on, Mr. McNees? MR. MCNEES: Yes, ma'am. COMMISSIONER MAC'KIE: What's the agenda item for that? MR. MCNEES: That would be 12(B)(3}. COMMISSIONER MAC'KIE: So all persons wishing to be heard on that agenda item, please stand and raise your right hand and be sworn by the court reporter. (All speakers were duly sworn.} COMMISSIONER MAC'KIE: As far as disclosure, I have had a great amount of contact both from neighbors and I have -- from people in Page 257 February 27, 2001 the neighborhood and I've also met with the developer's representative. COMMISSIONER HENNING.' I have my contacts in here. I did meet with -- let's see. Mr. Yovanovich, the petitioner's representative, and everything else is here in the file. COMMISSIONER FIALA: I've met with people. I've talked with people. The -- I have met with Mr. Yovanovich. I have had many, many e-mails. I have met with the landowners and the homeowners in that area. I have spoken with Mr. Hoover. Phone calls. I think that's it. COMMISSIONER COLETTA.' With the exception of Mr. Hoover, the same. And it is in my file. COMMISSIONER MAC'KIE: Okay. So then we'll hear the staff presentation. MR. BELLOWS: For the record, I'm Ray Bellows and presenting Petition PUD-00-6. If you would like, I could just give you a brief overview or would you like a more detailed presentation? (Commissioner Mac'Kie left the Boardroom.) CHAIRMAN CARTER: Brief. COMMISSIONER HENNING: Brief. MR. BELLOWS: Keep it brief. This is a rezone from Estates to PUD, a planned unit development, within activity center number ten. It is adjacent to an existing PUD, Angileri PUD, which was developed as a Race Trac service station. As you can see on the master plan, it is on the north side of Pine Ridge Road. It lines up with the entrance with Whippoorwill Lane to the south. (Commissioner Mac'Kie enters the Boardroom.) MR. BELLOWS: It has three developed tracts, Tracts A, B, and C. Tract A is the water management and preserve tract to buffer the residents in the Livingston Woods subdivision. It's a 75-foot deep tract. Tract B will provide C-3 type uses. It will allow for a hotel/motel and retail uses. And Tract C, fronting on Pine Ridge Road, will allow for a little more intensive uses, maybe a car wash or an auto leasing type of use. COMMISSIONER MAC'KIE: Are there issues on this PUD that kept it off the summary agenda, other than the transportation issues? Page 258 February 27, 2001 MR. BELLOWS: No. The transportation issue is the sole issue. And I have Norm Feder here to discuss that. COMMISSIONER MAC'KIE: I wonder if we want to just -- CHAIRMAN CARTER: Well, we have two policies to consider here. One is the interconnectivity policy and the other is a public road policy. So those are the two. So you have a public road -- MR. BELLOWS: Yes. Those are two. You have a public east/west interconnection. CHAIRMAN CARTER: Well, interconnectivity is a policy. MR. BELLOWS: Yes. CHAIRMAN CARTER: And so is public roads. And anytime there's a public road that means that all citizens of the County have a right to use it. I'm not taking one side or the other. All I'm saying is that you have two policies in front of us this evening that we need to keep in consideration as we hear all of the presentation. COMMISSIONER MAC'KIE: So really the first question I have is -- because of what Commissioner Henning was kind enough to provide us, copies of the excerpt from the Golden Gate master plan, I'll tell you -- and I know that you guys are going to lynch me in the parking lot. But I think that this interconnection is the right thing to do. Now, what Mr. Henning showed me though makes me wonder if it is the legal thing to do. COMMISSIONER HENNING: Well, I think the spirit -- COMMISSIONER MAC'KIE: So that's my question for Mr. Weigel, if I may. CHAIRMAN CARTER: So, I guess, if we have a Golden Gate master plan that was provided -- MR. BELLOWS: If I may, the subject site is not located within the Golden Gate area master plan. It's in the activity center number ten on the future land use map. The PUD -- COMMISSIONER HENNING: This is activity number ten, right MR. BELLOWS: Yes. COMMISSIONER HENNING: -- that we are talking about? MR. BELLOWS: The Golden Gate activity center-- there's a separate master plan for the Golden Gate Estates area. Page 259 February 27, 2001 COMMISSIONER MAC'KIE: In other words, the Golden Gate MR. BELLOWS: The PUD to the far west of the Cambridge Square came in under the comprehensive plan amendment, which allowed for the medical office type uses. COMMISSIONER MAC'KIE: Stop and let me just ask a question. I'm also tired. The section that Mr. Henning copied for us, does it apply to the subject property; yes or no? MR. BELLOWS: No, it doesn't. It would apply to the Cambridge Square to the west. COMMISSIONER HENNING: I hope that everybody recognizes the spirit of the language in there, I think, applies to the road. And why is this language in there? COMMISSIONER COLETTA: Could you read it, Tom? COMMISSIONER HENNING: "There should be no access to Livingston Woods Lane." And that's where Whippoorwill -- that's the connection that is in question at this time. It would connect to Whippoorwill Lane -- I mean, Livingston Woods Lane. And it's only about a mile long, but the spirit of -- and, Commissioner Mac'Kie, I'm sure you were on the Board at that time. The spirit is because what you have is an intense commercial and it backs up to residential. There is no stepping there. There is no stepping at all. So the -- to protect the integrity of the neighborhood, there was supposed to be walls. And it's spelled out in the language. And if you look at the language here, that language applies to this in some sense because there is the wall there. COMMISSIONER COLETTA: Let me interject. COMMISSIONER MAC'KIE: Mr. Weigel. COMMISSIONER HENNING: It's the spirit of it that -- COMMISSIONER MAC'KIE: In my -- again, I have already spoken with some of these people face to face and told them that I think that it is -- that the County has recognized the failure of its past policies and that we need to provide a secondary road system. And that this, unfortunately, is a place where we ought to do it. I'm sorry. I know it's not good news for you. But I -- unless it's not legal, then I think it is the right thing. And I know the developer doesn't want it. The neighborhood doesn't want it, but our transportation system needs it. Page 260 February 27, 2001 CHAIRMAN CARTER: Well, I would like an opinion from the County Attorney. And while he or she is going to comment on that, I don't know if everybody else has disclosed, but I must disclose that I have talked to both the petitioner and the residents and all of the parties that have been involved in this. COMMISSIONER MAC'KIE: So you had a question for David? CHAIRMAN CARTER: I want to know is this -- I want to know the legality. MR. WEIGEL: Which question? CHAIRMAN CARTER: Well, in terms of what Commissioner Henning raised. Was this in the spirit of; is this an absolute? MR. WEIGEL: Okay. CHAIRMAN CARTER: That if this is in an activity center, then consequently what we have is two policies to consider; interconnectivity and access to public roads. MR. WEIGEL: Well, the activity center, I believe, being separate from the Golden Gate master plan -- these are separate. And the spirit of one doesn't move over to the other from a legal standpoint or a legal enforceability standpoint. But in regard to interconnectivity and the -- we'll call it the public need for health, safety, welfare and things of that nature. If you're asking me a question about do you have the power and ability to say, "Well, here is a new subdivision coming along and interconnectivity and public roads are to be part of this subdivision," we have been kind of bumping up against this for quite some time. I think that you have a lot of power under your public health, safety and welfare considerations. CHAIRMAN CARTER: Okay. So I think you've answered my question. COMMISSIONER MAC'KIE: It is discretionary. CHAIRMAN CARTER: It's a discretionary policy. COMMISSIONER MAC'KIE: And the other point that I have is that we've really beat up those people across the street in Whippoorwill and made them build a road and told them they're going to do it. And we, frankly, gave them impact fee credits. That now, if this doesn't punch through, I'm not sure we have accomplished much. You know, I think that our policy began to change when we changed the Whippoorwill policy. CHAIRMAN CARTER: Mr. Feder. MR. FEDER: Mr. Chairman, members of the Board, for the Page 261 February 27, 2001 record, Norman Feder, transportation administrator. In recognition, the property owners have a very strong vested interest. I'm going to be fairly short. They have waited a whole day. And I appreciate their coming out and waiting the whole day with us. I think we've got a couple of issues here. And let me try and provide some clarification. I think Commissioner Henning is correct in pointing out that the property owners have had a strong fear and came in when the Race Trac came in that, in fact, it was going to be an effort to try to provide a buffer for them. I believe it's an eight-foot wall. Some of that hasn't been developed. Nonetheless, it's supposed to be on each of the individual parcels that they developed, as well as landscaping. But the provision that he provides -- that he showed to you, that was really Golden Gateway, which is further to the west. The rest of the activity center, that came about and that's part of what brought about this provision in the amendment to the master plan on this one parcel. So I think that there is precedent, if you will, that, in fact, there's a desire to buffer and continue. And I'm not adverse to that. What I am raising is the fact that I'm not talking about the connection with each of these parts in and of themselves to the Livingston Woods development, but rather recognizing a couple of policy issues that we need to come to grips with. And, unfortunately, from a lot of perspectives, comes to reduce very much on this project. The first of those is interconnectivity. We do have a very definite policy. It's in our growth management plan, 9.3, calling for interconnectivity. And in the case here, we have a situation where if we are to continue with what has been basically direction or decision of the Board on each of the individual PUDs as opposed to a necessarily written provision in the plan, and continued to erect a wall without any -- I won't say access, but public street connection, which, as you see on the aerials, existed previous to this development along Pine Ridge, then we're setting up a situation where 1-75 basically to the east, Vanderbilt, basically because of the large development to the north, and now conceivably Pine Ridge to the south, we'll be basically closing off and creating what amounts to private Page 262 February 27, 2001 streets under public operation and maintenance. The issue that we're raising by encouraging the Ragge PUD to provide a connection through and connecting to Whippoorwill Lane is recognition of what we have done further to the south, where we paid a million for right-of-way and are committing impact fee credits towards construction, is consistent with the fact that that community more likely will not receive traffic through it because of the nature of the circuitous route. Although, there will be some. And I will address that in the next point. But rather it has the opportunity to access the interstate, as well as any of the development in the area without having to come through the Pine Ridge/Livingston intersection, which is exactly what we're trying to do is to forestall great separation and other issues as we put more and more burden and demand solely on the arterial system. To the other issue of-- if we do close it off, we've created a situation where we have to ask the question: What is a public street? It is the other policy issue for you. Is a public street only a street for those people that own property on it? When I read the write-up, I find that any other traffic is labeled as transient. I hate to think that if I'm driving on a public street that I don't live on that I'm transient. But, nonetheless, that's the orientation that we have here and the orientation when we consistently, throughout this County, have eliminated any collective road system, put more weight to bear on the arterial because everybody wants the opportunity to make sure that only they have access to streets in front of their house and others should find a different route than going by them. So I present to you those two policy issues, recognizing there has been some history. There's some awfully fine people that I expect to get up here and speak and express their interests and their concerns. And there are a myriad of issues that the Board may have to take into consideration in making a decision. But, again, we have two very, very strong policy issues in front of us that we've got to come to grips with if we're going to address transportation in this County. Thank you. CHAIRMAN CARTER: One question, Norman. If we did allow the access there, is it my understanding that you would have a three-way stop or a four-way stop so traffic entering would have to stop, either go right, left, or straight ahead? Page 263 February 27, 2001 MR. FEDER: Very definitely you'd have a stop for any traffic entering the community. Whether that needed to be a three-way stop, that definitely would stop anything entering such that you would create that as the first of traffic calming. Now, again, if we get a few extra cars through the neighborhood -- and I don't expect a lot. Nonetheless, if we get some, I'm not sure that calls for traffic calming. But if you get speeding, if you start getting high volumes, then we've got to start addressing those issues. But, yes, the first step that obviously we'd put a stop sign right there. And as you have a stop sign there, there are other issues. If you look at the nature of the roads with only two access points off of Livingston via old Livingston as a service road, it is not a desirable cut-through, but it is another opening both to serve the community without going through the intersection and another opening to the public, being very up-front about it. That's what we need to do. CHAIRMAN CARTER: That would deliver the interconnectivity between the PUDs that we're addressing -- MR. FEDER: That is already in place. CHAIRMAN CARTER: -- and the Perkins that's going up in one area. So that would say the community would be exiting more to come to Perkins versus going out and around and through an intersection. That's just one example. MR. FEDER: That's not just access to those development parcels, it's to 1-75 or anyplace they want to go, yes, sir. COMMISSIONER COLETTA: Norm, before you leave the mike. Is there any other reason about this PUD, as far as their access to Pine Ridge, that we should be aware of; is there any problems? MR. FEDER: Not on this particular PUD. They are directly across from Whippoorwill, which there's been a lot of public investment in to create just the type of thing I'm asking you to consider here. That is another collector status to take relief off of the intersection. But, no, their connection point is directly across from Whippoorwill. It's a signalized location, again, to address that traffic on Pine Ridge. COMMISSIONER COLETTA: Thank you. Page 264 February 27, 2001 COMMISSIONER MAC'KIE: Speakers. CHAIRMAN CARTER: We'll go to -- MR. YOVANOVICH: The petitioner. CHAIRMAN CARTER: -- Rich. He represents the petitioner. MR. YOVANOVICH: Yes. For the record, Rich Yovanovich representing the petitioner in this matter. I don't want to make a long presentation, but I do need to point out a couple of things. First of all, the type of road that Norm is talking about is not a site-related road. And Norm has agreed that if it's going to be a public road to serve the entire community, it's beyond the scope of impact of our project. So Norm has agreed he has to purchase the right-of-way to accommodate that, and, I guess, also build the road. COMMISSIONER MAC'KIE: Or you could donate it. MR. YOVANOVICH: We could. We could do that. But at this point we -- that's not an option that my client has decided to follow through with. I do want to emphasize an interconnectivity does exist. All the PUDs in that area are interconnected through a frontage road system to take traffic off of Pine Ridge Road and also at the time to take traffic off of Livingston Woods Lane. I want you to know that our submittal was consistent with the previous Board's direction regarding keeping traffic off of Livingston Woods Lane. And in reliance upon that previous Board's direction, that's how we designed our PUD. I believe the neighborhood, which will speak for themselves, do not have a concern with the uses proposed in our PUD. It's the staff request that Whippoorwill Lane be extended into their neighborhood. I do -- I think we need to draw a little bit of a distinction between what happened on Whippoorwill Lane with all of the developments that were coming through at the same time with the number of units that were being brought on-line. There were many issues that were dealt with. And that was not only the road issue, it was the drainage issue, the utilities issue and how to make sure we accommodated all of those uses while several thousands of units were coming through at the same time. (Commissioner Mac'Kie left the Boardroom.) MR. YOVANOVICH: So I think that's a little bit different than the situation we're in right here. We are -- as I said to the Page 265 February 27, 2001 Planning Commission, my client is neutral to the request to extend Whippoorwill Lane to Livingston Woods Lane. It is not our preference to do that. We would like to honor the neighborhood's request that all the traffic from that entire side of the road could be directed to Livingston Woods Lane. But we'll do what the Commission directs us to do, but that would be a change in the policy. And I believe you will hear that from many of the neighbors. And we're comfortable with leaving it like it is. CHAIRMAN CARTER: Let me ask you about the buffer between the neighborhood and the PUD. Are you in agreement that a wall would be constructed buffering? MR. YOVANOVICH: Oh, absolutely. Every PUD in that area has a wall. CHAIRMAN CARTER: Okay. That would be done prior to the construction of anything on your PUD. That becomes, first, part of the agenda to do that and to get it in and then we would look for landscaping enhancement thereafter. MR. YOVANOVICH: Oh, yeah. CHAIRMAN CARTER: There has been a violation already by Harley Davidson PUD that the wall was not built. MR. YOVANOVICH: Commissioner, are you asking that we do that concurrent with our site development work? You know, before we go -- before we go vertical? CHAIRMAN CARTER: Right. MR. YOVANOVICH: Sure. CHAIRMAN CARTER: Right. I want it there because we had a violation on the other where trucks were coming in and driving across. We caught them, we fined them. We want to prevent that from happening. MR. YOVANOVICH: We need -- CHAIRMAN CARTER: I want to see the walls in there. Before you start going vertical, I want the walls in there. And if that's a commitment on your client, that's important. MR. YOVANOVICH: Sure. That's a commitment. The wall is in the PUD, like it is on every other PUD there, for the specific purpose of keeping the commercial traffic out of neighborhood. MR. BELLOWS: Yeah. And I would also point out the map on the visualizer shows the alignment of the walls for all the PUDs. We are Page 266 February 27, 2001 going to articulate them with a five-foot setback off the right-of-way with a ten-foot setback within the required buffer area. So all of these PUDs as they come in, we will be having them place the wall in. Where there is a problem with code violations, such as Harley, we've been working with code enforcement to get that rectified. The wall that was put in for the Naples Gateway, the hotel, we received lots of compliments from the residents of how well that was done. We're trying to make sure that the entire length -- CHAIRMAN CARTER: Has the Harley group constructed the wall now; is it up? MR. BELLOWS: No. They're still undergoing site development and the wall is not up. I have some pictures, if you would like to look at them. CHAIRMAN CARTER: Well, what disturbs me the most is that specific direction was given by the Board to make sure that wall went up and it wasn't after the fact and it was at the beginning of construction. And I feel a PUD is a legal document. It has not been followed through on. MR. BELLOWS= And code enforcement -- CHAIRMAN CARTER: I want it enforced. MR. BELLOWS: We'll be working with code enforcement to make sure that the wall is in place. COMMISSIONER COLETTA: In the future we can refuse the CO if the wall is not in place, correct? MR. BELLOWS: You still can. COMMISSIONER COLETTA: Good. MR. YOVANOVICH= Unless you have any other questions of me as the petitioner -- CHAIRMAN CARTER: We are going to go to public speakers. MR. MCNEES: The first is Steve Blount, followed by Donald Falls. MR. BLOUNT: Good evening, Commissioners. I'm going to try and keep my comments as brief as possible. I don't think we have a question today of whether or not we should be doing the legal thing or the interconnectivity thing or the appropriate policy thing or whether we need to weigh various policies. What we need to do today is the right thing. For years various parties have come before this Board -- and Page 267 February 27, 2001 I recognize that some of the members who are on the Board now were not the members who were here then. But people came, Cambridge Square, Hawthorn Suites, the Harley Davidson dealer, Perkins, Race Trac, they all came in. And the direction they received from this Board -- and I recognize that it may not be the people sitting here, but the direction they received was, "You work with the residents of Livingston Woods. You work with the residents. We don't want to mix the commercial along Pine Ridge Road with the residents behind them. We want you to work with them." And what came out of that and the residents working with staff and everything was: We don't want any connection. No ingress, no egress from Livingston Woods Lane because that's going to cause a problem. And the Board supported the community on that. And the staff supported the community. And everybody was on the same page. And everybody said, "Gee, this is working great." Everybody in Livingston Woods was afraid of the developers. Developers are going to trick us. Developers are going to figure out a way. Harley is going to figure out a way to get those motorcycles in and out of Livingston Woods Lane and we're going to have a problem. They don't even need a road. All they need is a gap in the wall. That's what they're working for because they are going to come drive their Harleys up and down our road. And they're going to coming up on Livingston Woods Lane and Bottlebrush Lane and so on. And Bottlebrush Lane is where I live. And everybody was concerned about that. And it started to happen right. And we said, "Gee, we don't have to worry so much about the developers." And now what everybody is saying is, "We have to worry about these guys. We've got to worry about the County." Because now the County after telling us for years and years and years, '~Ne're going to protect you. We're not going to -- we're not going to approve this zoning. We're not going to approve this PUD amendment. We're not going to approve this, unless they agree in writing in that PUD no ingress and egress onto Livingston Woods Lane. None, never. Ten-foot wall, landscaped buffer. We're going to Page 268 February 27, 2001 keep them out of your neighborhood." And we said, "Gee, our public officials are doing their ]ob. This is great. This is wonderful. This is working just like it is supposed to." And now what has happened? And the majority of us are finding out 30 days before, 15 days before because you had to be within 300 feet to get notice. Now what we're finding out is that it is not the developer that wants the road; the County wants a road. Now the County is going to do that which they prevented the developers from doing for the last ten years. And it is not to benefit the developers, certainly not to benefit the residents of Livingston Woods. I can't figure out who wants this. So far what we've heard is the residents don't want it. The petitioner doesn't want it. The County has got to pay for it. The other businesses along the strip don't want it. Why in the world would we want to do this, other than to send a message to everybody in Livingston Woods, "You can't trust the government. We're going to get you in the end. And we're going to figure out a way to go against our word." It may not have been these people sitting up here that gave that word, but it was Collier County that gave that word and that word has got to mean something. And this Board has got to stick to the policy that was established in the last, roughly, ten years of, '~Ne're going to -- we're going to protect that access -- that ingress and egress onto Livingston Woods Lane. We're not going to let it happen. We are not going to let Cambridge do it to you. We're not going to let Hawthorn do it to you. We are not going to let Perkins do it to you. We are not going to let Harley Davidson do it to you. We are not going to let the Race Trac do it to you." Please, don't do it to us now. It just doesn't make any sense. CHAIRMAN CARTER: I have a question. You need to help me with this, if you will, please. How do I explain to all the taxpayers in Collier County that they pay for and maintain public roads of which they have literally no access to; they have none at all? COMMISSIONER MAC'KIE: They have some, but not much. Page 269 February 27, 2001 CHAIRMAN CARTER: My concern is how do I explain that to somebody that says, "You really, in effect, have created a gated community here without a gate and I'm paying for it, Commissioner. Why is that? Why can't I do that in my neighborhood?" MR. BLOUNT: Well, I-- CHAIRMAN CARTER: I really need help on this. Because that's the questions that will come to this Board or future Boards or anybody else. MR. BLOUNT: I understand. And the benefits -- I don't think you can -- we can go through the County and pick out any single road and say, "Gee, how much use does the guy in northern Collier County get out of -- I don't know -- Bayshore Drive or any particular street down in the southern end of the County?" And it is not a question of any one single road, I don't think, Mr. Commissioner. I think that the question is out of the overall layout and the overall plan of the way the roads fit together, how much benefit are you getting out of that particular grid? How much benefit are you getting out of that particular section? What's happening to us in Livingston Woods is there is now a six-lane highway that's going to go in along what will be the new Livingston Road. And that has affected all of the frontage property that fronts Livingston Road now and the property values all along there and the people in that community are getting on the road. And the rest of the community is going to benefit from that. They are going to have a major artery that is a mile away from 1-75. I'm not a traffic planner myself, so you -- but I kind of question the logic of having such a major highway one mile away from 1-75, which is going to have an interchange at every section anyway. CHAIRMAN CARTER: I can clarify it for you because the interstate is not a local thoroughfare. MR. BLOUNT: I understand. Like I said, I'm not a traffic planner and I was just merely giving you my opinion. I understand that there are reasons for it. I understand that. But when you look at the grid as a whole, the traffic is going to flow by and around and through Livingston Woods more efficiently with the setup that we have on Pine Ridge Road and on Livingston Road. Page 270 February 27, 2001 You know, I have tried not to get into some of the other issues because I think this is pretty simple. You told us for years no access. Nobody wants access and somebody is going to try to force it on us now. That seems to me not to be the right thing to do, period. COMMISSIONER HENNING: Can I ask a question? Who made those commitments; was it -- I mean, any of these Board members? UNKNOWN VOICES: Pam Mac'Kie. She did. MR. BLOUNT: That's interesting that you point that out. Because one of the comments of Commissioner Mac'Kie was -- and I wrote it down. And she said, "I'm sorry, I'm sorry, but we recognize our past failures." You know what, I don't want to have to pay for your past failure. COMMISSIONER MAC'KIE: Well -- MR. BLOUNT: You made me a promise. You said, "We're not going to let anybody come in and out of these businesses from your community. We're not going to let that happen to you." Now today you're saying, "Gee, I was wrong. I failed. I was wrong about that. And now I'm going to not only let them, I'm going to demand they do it." They don't want it. CHAIRMAN CARTER: Well, I just need to have another question from health, safety and welfare. If you in Livingston Woods want to go to Perkins, you have to access a six-lane road, go down to an intersection, make a left-hand turn, and then make another left-hand turn to get to Perkins. What have I -- MR. BLOUNT: Or you can make a right-hand turn and go to I-HOP. I mean-- (Commissioner Henning left the Boardroom.) CHAIRMAN CARTER: But what about -- I'm just saying, what about the people that want to go there; have I put the community who wants to traverse to those -- to that restaurant at risk where they could come through an access and an interconnect within a PUD and never go through that? That's a question that we're wrestling with as policy changes, as conditions change. I'm not saying I'm going to vote one way or the other, but I am raising these questions because those are questions that are raised to commissioners all the Page 271 February 27, 2001 time. MR. BLOUNT: If I can address the question, I think -- you know, again, I'm not a traffic planner. But I'm from Dade County originally and I got out. COMMISSIONER MAC'KIE: Congratulations. MR. BLOUNT: And one of the reasons that I got out is because I was brought up on a little street called 17th Terrace that is right off the Coral Way exit to 826. And as they -- as they put those roads through, guess what happened? The thieves came down and said, "We can get into this neighborhood and get right back out because there is this easy access right next to the on-ramp to the interstate and I can be 20 exits away before a cop is anywhere in sight," okay? And I believe that having this -- what is tantamount to me to a short alleyway between Pine Ridge and -- there is no conceivable reason why anyone would want to go from Pine Ridge through that alleyway onto Livingston Woods Lane, other than the few people that live on Livingston Woods Lane -- COMMISSIONER MAC'KIE: Absolutely. MR. BLOUNT: -- unless they had some other reason to want to sneak in and out fast. And I think it's going to cause a problem in my neighborhood with crime. And if we want to talk about health, safety and welfare, I think it's far more likely that there's going to be additional crime in the Livingston Woods area with this additional ingress and egress than there is that somebody might get in an accident trying to make a left-hand turn because they prefer Perkins over I-HOP. CHAIRMAN CARTER: Okay. I thank you for your comments. Next speaker, please. MR. MCNEES: Mr. Falls, followed by Alexander Fehr. COMMISSIONER MAC'KIE: I guess, while he's coming up, I will go ahead and say, you know, I base decisions that I make up here on the advice that I get from staff and on the research that I do on my own. And in this case what I've been told is that we got bad advice before and that we weren't looking at the transportation system as a whole, as a grid. And I am willing to continue to learn. I'm going to change my mind when I get better information. CHAIRMAN CARTER: Yes, sir. Page 272 February 27, 2001 COMMISSIONER HENNING: Excuse me. I must say that a few months ago that we went on the staff's -- off of the staff's recommendations in the Goodland issue that we're fighting in court right now. COMMISSIONER MAC'KIE: Sure. The bottomline -- I mean, I'm sorry. I've done it twice today. I'm going to do it again. The pressure is on Mr. Feder. I respect his opinion. He tells me -- MR. FEDER: The pressure is on us. It is not -- COMMISSIONER MAC'KIE: Well, I'm telling you that I'm basing my decision to a great degree on what Mr. Feder tells me the transportation network needs. CHAIRMAN CARTER: Okay. Let me get the rest of the public speakers and then -- MR. FALLS: My name is Don Falls. I'm a resident of the area. And Mr. Feder told me he's not going to push this one very hard, so he must have some feelings that this isn't that important an item. I am looking at the interstate activity center, which is down from the Cambridge Square. And if you see over here, this is Whippoorwill Lane and it stops where; at Pine Ridge Road? There is no road. When they talk about, "We're going to punch through the road," well, there is no road. This is a make-believe road that you're going to create. It's not a dedicated road. Anyway, let me just say -- I reside at 6659 Livingston Woods Lane across from the brand-new Whippoorwill Lane. I was the first one to build a house here about 25 years ago when Pine Ridge Road was a dirt road. There was no Whippoorwill Lane on the north side of Pine Ridge Road. To open up Whippoorwill -- to open up the neighborhood by punching through Whippoorwill Lane would destroy the quality of life we now know. It would mix residential and commercial. It would be detrimental to the property values we have worked so hard to maintain. The increased volume of traffic would endanger our children and families. But we can preserve our community by adhering to uniform architectural standards and not punching through Whippoorwill Lane. When the Race Trac PUD was proposed in 96-3, the Page 273 February 27, 2001 neighbors of Livingston Woods community met in the Community School where they were assured by developers -- and this is what they passed out to everyone -- that access from this property onto Livingston Woods Lane would be -- in bold print -- prohibited, okay? The building setback from the edge of the right-of-way of Livingston Woods Lane would be a minimum of 90 feet. Within that 90 feet minimum setback closest to Livingston Woods Road Lane, there will be a 20-foot wide dense landscape buffer consisting of trees and shrubs. Well, I don't know who does the follow-up to make sure architectural standards are done as proposed, but I measured some of the walls and -- from the center of the road one is 34 feet and the next one down the road is 42 feet. The wall appears to be misplaced, but I personally don't care as long as it's connected with other walls, offset or whatever and looks like the exhibit that was -- you can see that here -- the exhibit that was presented. As the attorney stated in 96-3, Page 50, Book 00089, it says that the same -- what you see is what you get. Commitment also applies to the rendering of the eight-foot wall to be constructed on the north property line. Well, this is what I see, but now comes reality. How would you like this if you lived there? This is what we got. Can you see that? All it is is a concrete block wall. And that's been there for three years, all right? Now -- That's just obscene. How can COMMISSIONER MAC'KIE: that be? MR. FALLS: I don't know. years. COMMISSIONER MAC'KIE: But we have lived with it for three That's obscene. MR. FALLS: Now, here is the -- this is the Hawthorn Hotel. That is beautiful. That's the way it should be done. That looks just like the rendering they had. It has got the fancy gingerbread on the wall and everything. It has got the landscape. And a picture of the wall now finished with the Race Trac and it looks like -- this was just taken. And there are no sprinklers for the grass. The trees are kind of -- I don't know. CHAIRMAN CARTER: And the rendering you showed me earlier was the one that was presented when the PUD was Page 274 February 27, 2001 approved? COMMISSIONER MAC'KIE: By the Race Trac developer. CHAIRMAN CARTER: And the PUD, as I understand it, is a legal document. How in the hell did this thing happen? COMMISSIONER MAC'KIE: Code enforcement, let's go. MR. FALLS: I don't know who does the code enforcement, but -- COMMISSIONER MAC'KIE: See that man right there nodding his head yes, he's going to take care of that tomorrow. MR. FALLS: But it also shows it looks like what appears to be sidewalks. I don't know. Even if they had a bike path. I know the planners they had -- they said, "Where is the sidewalk? Where is the bike path?" I said -- they asked the rhetorical question, "Who would use it?" Well, all the people from the Community School. The track team uses it. Barron Collier track team uses it. People on our street all use it and the people on all the streets north of us would use it. We see them jogging back and forth all the time. How it can be achieved, I don't know. You know, because, again, you have got a sidewalk and then you've got, you know, vacant land, where does the sidewalk go? I don't know if it would be just put in and then pro rated as someone comes in to develop a piece of land and say, "You owe us for this piece of sidewalk," or what. I don't know. COMMISSIONER HENNING: Was this part of that -- represented at the Planning Commission? MR. FALLS: Yes, it was. COMMISSIONER HENNING: Leave that there. petitioner if there is a sidewalk going in. COMMISSIONER MAC'KIE: He is not the guy. Bruce Anderson. MR. FALLS: That was Dwight Richardson. We'll ask the That was COMMISSIONER HENNING: This is part of this PUD coming up before us today. CHAIRMAN CARTER: We'll have to go back to the petitioner. MR. FALLS: That was the Race Trac originally. CHAIRMAN CARTER: We need to finish with public speakers and then we'll go back to ask the petitioner any questions that you have. You want to know if it includes the sidewalk. MR. FALLS: Okay. I just have a short -- now that Hawthorn Page 275 February 27, 2001 Hotel has a beautiful wall and shrubbery, it looks exactly like the rendering. They should all be like that in adhering to agreed upon strict architectural standards and create some type of a theme going down the whole block. It would even be better with a sidewalk or a bike path on just the south side of Livingston Woods as depicted in the picture. Today's petitioner, Mr. Richard Yovanovich, agreed to putting in sidewalks at the planning committee board meeting as long as the other developers did. Therefore, maybe something could be worked out somehow. I don't know. Just a last thing. It would be nice if others would follow suit, as did Race Trac, by putting up the wall first before the buildings -- although, it was up three years unfinished, before the buildings and not putting construction traffic into the sites from Livingston Woods Lane. Like in Harley Davidson there's over 100 dump trucks that went down the road. Some of the trucks got stuck in the ditch and almost turned over. There's still dirt on the street. COMMISSIONER MAC'KIE: John, from a code enforcement perspective you're going to see if we can make them put in the wall before construction commences? MR. DUNNUCK: Certainly. COMMISSIONER MAC'KIE: Thank you. MR. FALLS: Maintenance. I would think that they would have sprinkler heads here like they have them in the Hawthorn Hotel. Thank you very much. Next. CHAIRMAN CARTER: Next speaker, please. MR. MCNEES: Mrs. Fehr, followed by Robert Fehr. MS. FEHR: It has been a long day and I'm very tired and hungry. Livingston Woods is a Iow density,~ traditional neighborhood, established, older residences, not a cookie-cutter community. We're a neighborhood compiled of professionals who live here year-round. Who is going to benefit when Whippoorwill Lane is put through? Not the families living on my street. Our property values will devalue sharply. We trusted the County Commissioners when we Page 276 February 27, 2001 worked together in the past and made sure that the commercial properties would be separated from the residential by agreeing to have an eight-foot wall, proper setbacks, and a landscape buffer with no access. Within the past one and a half years, nine new homes were built on my street alone and countless others in the streets behind us. What does that tell you? It tells me that these people who, by the way, paid top dollar for their land, felt safe and assured that when these commercial properties get developed we would be protected from the said properties by a beautiful landscaped buffer and a wall and no access. I remember Pam Mac'Kie was on that and she was the one who said, '~Ne need uniformity and we need to agree that everything looks the same and stays beautiful and no access." We trusted the people that were on that committee. The residents who do not want or need Whippoorwill Lane for their use will -- we will have plenty of roads going into and out of our community when Livingston Road extension is finished. The streets are too narrow and cannot accommodate heavy traffic as they are now. Even though the Planning Commission voted 6 to I against it, Mr. Mulhere, the planning services director, indicated he wouldn't push for it. Ragge PUD aren't interested in having this road either. We're surrounded by 1-75, Pine Ridge Road and soon Livingston Road extension. Major traffic we -- we cannot and must not allow this traffic to bleed through into our neighborhood. It's not necessary. Usually the people that will cut through these neighborhoods are impatient drivers that like to speed and like to save time. I have children and my neighbors have children who ride bikes, rollerblade and jog through these streets. I am afraid for their safety. Please don't open Pandora's box. Be wise and vote against this bad idea. And honor the past Commissioners promises. Thank you. MR. MCNEES: Robert Fehr, followed by Ellie Madigan. MR. FEHR: My name is Robert Fehr. I live at 6911 Livingston Woods Lane. I didn't know I was talking, so I am going to make it very brief. Page 277 February 27, 2001 Harley Davidson will be needing to test ride their motorcycles when they are actually fixed somewhere. It is better for them to go into smaller roads to test ride their motorcycles from their standpoint. My father used to test motorcycles when he was younger. That would give them an excellent way of getting into Livingston Woods, which is quiet right now, to try and test ride their motorcycles before they are actually finished being serviced. I am against the punch through of Whippoorwill Lane because, as already outlined before, it would create more traffic for us. And it probably will. There is a safety issue there because it's easy to get off 1-75, to Pine Ridge Road and within seconds you're actually in a very quiet community. You can do whatever criminals do and then be back on 1-75 very fast. We have so many roads around us already giving easy access into our community. All of that is already before you. I just want you to take that into consideration and to abide by what in the past you've always promised us to protect the people there. And it is to no advantage for any of us that live there to have Whippoorwill go through. Thank you. COMMISSIONER HENNING: Excuse me, sir. Do you have any children? MR. FEHR: Yes. I have two sons. My wife was the previous speaker. COMMISSIONER HENNING: That's why I was trying to make the connection. Because her statement was that her children, you know, roller-- MR. FEHR: Those are mine, too. COMMISSIONER HENNING: Rollerblade and bicycle. CHAIRMAN CARTER: She did all the work. He helped a little. COMMISSIONER HENNING: I'm just trying to make the connection. MR. FEHR: Thank you very much. MR. MCNEES: Next speaker is Ellie Madigan, followed by Tom Kepp. MS. FALLS: Ellie is gone. She had to leave. Could I speak in her place? UNIDENTIFIED SPEAKER: Tom waited all day too, so he left. Page 278 February 27, 2001 CHAIRMAN CARTER: Fine. I don't have a problem with that. MS. FALLS: Hello. My name is Linda Falls. I'm a resident of Livingston Woods. I live on Livingston Woods Lane. I want to talk to you about a couple of things. I will make it fast and as brief as I possibly can. First of all, we did get petitions from the residents of Livingston Woods and we have 154 signatures. And I would like to answer one of your questions, Mr. Carter. And that is that you were saying it would be inconvenient for the residents of Livingston Woods who use Perkins to have to go all the way out and turn around. And that was discussed. My husband and I and a couple of other people in this community were the people that did seek the signatures for these petitions. And everyone that we spoke to said unanimously that that was not an inconvenience or a concern of theirs. That they felt so strongly in opposition to having Whippoorwill Road come through that they would gratefully go out on the new road and make that turn to access any area there that they wanted to use. So that is not a certain for the residents. In getting the petitions signed, we had 100 percent of the people who lived on Livingston Woods Lane sign. We had all but three out of 43 on Bottlebrush. And we had, of course, the balance on the other streets. And there were a few that we couldn't get just because they had fences and big dogs. The point that I want to make is that the -- there were five previous Board meetings discussing and setting the precedence on these. Five Board meetings that lasted over ten months. And this was in t996. There was a tremendous amount of discussion, concern, objections and precedence set at that time. This was an arduous, long, drawn-out process. And that's why we are so concerned and regret having to come before you at this time to, again, ask for your support in upholding the votes of the previous Board. I have a few minutes that I would like to read from. And this was July of '96. Commissioner Mac'Kie said, My question was: "Who, if anybody, will be talking to us about architectural standards? I am interested in getting a better picture of what it's going to look like. Stucco" -- She was interrupted by Commissioner Hancock. He said, "1 too have a laundry list of that area and I think that it may be Page 279 February 27, 2001 appropriate that we hear the concerns of the public." Going on, there was a real estate appraiser who testified that architectural standards, et cetera, would be very important. Mr. Bryan Milk in response to Commissioner Constantine's question said, "Proper buffering, screening, traffic circulation, no access to Livingston Woods Lane definitely has a bearing on what the neighbors will hear, as far as noise and impact from the Race Trac." And this was all in a discussion of just the Race Trac at that time. Again, later on that same date, Commissioner Constantine said, "1 heard testimony that less -- from both -- from Mr. Milk and from your expert" -- he was speaking to Mr. Anderson at that time -- "that less intensive commercial use would have more desirable impact on the neighboring properties, particularly those residential properties to the north. And so, again, I think it goes back and adds a little concrete to my argument that commercial is appropriate, but not at this intensification. And the traffic circulation elements and some of the other impacts I'm concerned -- again, going back to Commissioner Hancock's comments from prior hearing, that this is -- this sets a precedent. And with those most intense uses this individual 4.5 property isn't going to have more than five percent impact, but the precedent is set and the corresponding 20 other acres approximately doing the same is going to have an overwhelming impact." And I would like you to please take that into consideration today when you vote. A couple other things, as well, is the fact that we are going to have two openings. And, again, in response to Commissioner Carter's question earlier, we are not trying to keep the public from coming into our community. The public can access into our community. And right now we have one point of egress/ingress into Livingston Woods. With the new Livingston Road, we will have two points. We'll have 100 percent more egress and ingress than we currently do. So the public certainly can come into our community in those areas. The interactivity is within the -- within the commercial area and not into our area. One other quick point that I would like to make. You have talked about the difficulty in having the traffic from Harley Davidson and the big trucks and so forth that we saw on our Page 280 February 27, 2001 road. And they continue to do that on occasion. If this road comes through, it is going to be much more difficult for the County to keep those commercial developers from using our road because they're going to have quite -- it is going to be a nightmare for the County to try to police that and keep them from coming in there because they are going to have such an easy access. And we're -- there's going to be a million phone calls from the residents saying, "Look, they're continuing to do it." Even though they are going to put a wall up, they are still going to have that interconnectivity and they'll be able to get into our area. So I think that's another area of concern that we have if that road goes up. Thank you very much for your time. MR. MCNEES: You have two more registered. Barbara Rudnicki and Tom Bartis. MS. RUDNICKI.' For the record, my name is Barbara Rudnicki and I live at 6800 Bottlebrush Lane. Gee, I hate being back here again. It was July 16th, 1996. And this was the document that was produced from our meeting right here in this room. What we were asking for at the time and what we're asking for now is that we're not asking for you to deny development, we're asking you that you control it in a fashion that is as aesthetically pleasing and will welcome the people into Naples and protect the integrity of our neighborhood. That is still what we're asking for. If you take a look at the area around Livingston Woods, it is a disaster as of this day. I only hope it gets better. Introducing Whippoorwill Lane coming through to Livingston Lane, we're talking about a block. A block long street. A teeny, weeny little piece of a road. That's what we're talking about here. We're not talking about a whole big road like the other side, the south side of Pine Ridge Road. We're talking about a little teeny, weeny road. Well, is that going to ruin or protect the integrity of our neighborhood? You bet. It is going to introduce transients. We've already got them because the walls aren't there. As a matter of fact, it wasn't a transient. It wasn't anyone who was intending to do any harm. But a woman got lost while taking a Page 281 February 27, 2001 walk down our road. When someone stopped and asked her what she was looking for, she said, "1 don't know where I am. I have gotten lost. I am just staying at the Hampton." It is going to happen when people intentionally leave Pine Ridge Road to come back in there. Is it going to jeopardize the integrity of our neighborhood and increase the crime rate? I was the one that stood here and gave you the statistics on crime which I collected from the police department, from the Sheriff's Department. Year after year after year they were skyrocketing. Well, Whippoorwill Lane isn't even open yet and a resident on Bottlebrush Lane, my very road, whose driveway goes a long way back to her house, got out of her car just two weeks ago, went into the house, left her purse in her car for just a moment while she ran in to get something and come back out, and someone came in and stole her purse out of her car in Livingston Woods. This quiet, little, non-commercial traffic road, her purse was stolen out of her car two weeks ago. Are we compromising the integrity of our neighborhood -- you bet -- by letting Whippoorwill Lane go through. It is going to be a heavy impact. Crime will increase. There will be a break in the promised wall if that road is allowed to go through. It may be the only break in the wall, but it's going to be a break in the wall. To answer your question of, "What do I answer to the public," Linda gave you one less number of accesses to Livingston Woods. There is an access now through Livingston Road. There will be two additional accesses from the new Livingston Road in, as it is currently planned. And, of course, from Pine Ridge Road there will be the third access. One of the people that did not sign the requests that we had for signatures was a policeman who lives in our community who said, "1 can't sign it. Because what I would like to use that cut-through for is to direct traffic when there's a backup on Pine Ridge Road." So don't tell me that people aren't going to cut through there. I can't tell you how many times I have sat on Airport -- on Pine Ridge Road waiting -- going westbound, waiting to make a left-hand turn down on Airport. That is a horrible traffic light Page 282 February 27, 2001 there. I don't think I've ever gotten through it during regular rush hour in under four turns of the light. So what do people do? They cut through Office Max and Eckerds shopping center. One after the other, after the other, after the other. And I hate to admit this, I've done it once because there was an accident at that corner and I was -- I was scheduled for a meeting. Are people going to cut through when the traffic is bad on Pine Ridge Road to get to the new Livingston Road extension? You bet. And they are going to come through. And if they can't turn left on Livingston Woods Lane, they are going to turn right and go down Soil and come up Bottlebrush Lane and that's where I live. I don't have kids. I have a fabulous cat who is really pissed because he didn't get to eat at 5:00 tonight. COMMISSIONER MAC'KIE: So are my kids. MS. RUDNICKI.' We are not a new subdivision development. So I think the rules for applying roads to a new subdivision does not apply here because we are not a new subdivision. We have been here a long time. I've personally lived in my house for nine years and I've owned it for 12. This is not going to be an attractive access. There isn't any need for it. And we certainly don't want it. It's only going to apply negativeness and a negative impact to our community. CHAIRMAN CARTER: Thank you. Next speaker, please. MR. MCNEES: Mr. Bartis and then you have one who just submitted a slip. And it would be at your discretion, Mr. Chairman. Past policy has been not to accept speakers after the item was heard, but that's up to your discretion. CHAIRMAN CARTER: It's up to the Board. MR. MCNEES: She's apparently been here all day. CHAIRMAN CARTER: She's been here all day. COMMISSIONER MAC'KIE: She's been here all day. CHAIRMAN CARTER: I don't have a problem with it. MR. BARTIS: Everybody's awake? Because I'm not. My name is Tom Bartis. I live at 6641 Livingston Woods Lane. At least I think that's it, isn't it? I've forgotten. I'm so tired from 9:30 this morning until now. When I came here to Naples, the thing that impressed me Page 283 February 27, 2001 was the neighborhoods. That was the one thing that stood out about Naples and the area was the attractiveness of the neighborhoods. So I bought in Livingston Woods. And two years later -- I don't know whether it was fortunate or unfortunate. I sold my property in Connecticut and built a house in Livingston Woods. I've been very happy with them; the neighbors and what goes on there. It's really a wonderful area to live in. I cannot stress to you enough what is happening -- what I have observed in the eight years -- six, almost seven years that I've been here is these neighborhoods are being destroyed for no reason at all. Completely destroyed. When we all fought against Race Trac, it was not to keep business away from Pine Ridge Road. That's not our -- that's not our business. Pine Ridge Road is a commercial area. What we were fighting against was keeping the commercial in one place and the residential in another place. And as Ms. Mac'Kie remembers, you know that that was the stipulation; to separate commercial from residential. And so far it has been done haphazardly. But, fortunately, after today, maybe something is going to be done about it. Hawthorn Suites is attractive, but the place after that, to the west of it, is very attractive. We have no gripe with that. Race Trac we have a lot of gripes about. Two years we had a cinder block wall looking at us. We didn't complain about it. We kept waiting thinking, "Well, maybe they are not going to do anything. They're going out of business." But eventually they came in, they slapped up some stucco on it. They put a bunch of dead trees on there and have a line draped from tree to tree to water it. There's no sprinklers there. The ground is brown. The grass is brown. The trees are half dead. Those that are not half dead are all dead. In any case, all we want is to maintain our neighborhood. I can't see that that isn't what anyone here in Collier County or in the City of Naples would want to do. Our trepidation about what would happen with this cut-through, which, incidentally, this cut-through is through -- what is it -- an activity center for tourists coming off of 75. It has nothing do with Livingston Page 284 February 27, 2001 Woods. That whole activity center around Exit 16 has to do with the benefits to the tourists for restaurants, gasoline, whatever they want to do there. It was always supposed to be separated from Livingston Woods. And that was one of the things we were very concerned about with Race Trac was that they were going to come through, who knows, going into the convenience store, buying who knows what, and coming over into our residential area, sitting around drinking and throwing their whatever cans -- I don't know whether it's beer. We have found an awful lot of trash since that area has been developed. Livingston Woods has never been so dirty on Livingston Woods Lane from the trash. And I think Mrs. Fehr will agree to that. Now, the one thing that you all should look at is the fact that this whole thing is going to cost the County money. We have been led to believe that the County doesn't have money to do anymore of this developing of this sand path, which is what Whippoorwill Lane north of Pine Ridge Road has been for the last seven years that I've been there. It's a sand path. You're going to have to acquire it. And Christmas is over and Mr. Yovanovich's clients are not going to give it to anybody. So you're going to buy it. Once you get through buying that, what you are doing is you are going to have to re-do Livingston Woods Lane. If you will go up there, you will notice that any two cars coming by one another from opposite directions have to almost come to a stop to swerve over to let each other pass by. So you're going to cost money to re-do that whole street. Then you're going to have to put sidewalks in because right now Collier High is maintaining that place as a logging area for their students, which we have no gripe about. That is not a problem to us. What will this interconnectivity do for us? Nothing. It is going to be for the hotrodders trying to get off of Pine Ridge Road and go over to Livingston Road to get off the traffic lanes. That's all it is. It's for hotrodders. What you're going to have to do also is you are going to have to put speed bumps in. Because you can see from one end of Livingston Woods Lane to the other unobstructed. And when Page 285 February 27, 2001 anybody who is driving in a pickup truck or a hotrod sees that they're going to want to speed. There are enough ground-in rubber tracks on our street now from people who have been speeding in there and using it as a hotrod path. I am not even going to talk about the safety that is going to be detrimental to everybody there. You're going to have to cover our neighborhood with the Sheriff's Department because we've got intruders, we've got speeders, we've got motorcyclists trying out their motorcycles. We're only asking you to maintain our neighborhood. That's all we want. We've been good neighbors. We've been good taxpayers. We will continue to be. But save the neighborhood. Thank you. CHAIRMAN CARTER: Thank you. Last speaker. MR. MCNEES: Yes, ma'am. If you will come forward and state your name for the record, you will save me from having to mispronounce your name, which I'm certain I would. MS. BAJAJ: I realize it's a difficult name. My name is Tara Bajaj. And I appreciate you letting me speak. Although, I didn't know to sign it. We just moved here from Wisconsin in August, okay? And that includes my son, my fiance and myself. I'm one of the people that Mrs. Fehr talked about. We paid top dollar for that land. There is a reason we paid top dollar for the land is because I wanted to be close in to town. I didn't want to drive out to the Estates. I wanted my son to be able to run around. I wanted him to be able to ride his bike. I didn't want to be in a gated community. I wanted to have trees, things like this. We did pay top dollar. And then again, you know, the building market down here. We spent top dollar again to build. We built a nice home. We built 3,200 square feet. The County -- I might just mention the County was very concerned that I should put the sod next to the road, but, you know, my commercial neighbors aren't living up to their bargain. I guess one of the real points that I really need to make is that I'm definitely concerned that property values are going to go down. I think that it's almost assured. And I want you to know Page 286 February 27, 2001 that before I bought my land -- and I want to stress this before. I came to Naples. I investigated the schools. I got the school reports. I also am not silly enough to be looking at commercial property and not go down to the -- to the County and see the PUDs and see. And I read it and it said, "We won't. You have these kinds of neighbors for commercial people. And we will not have any sort of access." I realize that, you know, you may say to yourself, "Well, you know, we made a mistake," this and that. But you know what, sometimes you just have to say, in your case, Ms. Mac'Kie, with all respect, '1 made a mistake. Okay. Maybe I did make a mistake, but I have to stand by my word. Because I gave my word to the people and those people invested a lot of their hard earned money." And I'm not a millionaire. I am a working person. My fiance is a working person. We have taken whatever we had in our life and we came down here and bought this land. I will be very honest with you, if I thought that there was going to be that cut-through coming through and that I had to tell my kid, "Hey, don't go out there and ride your bike, Rich. No, Mom doesn't want you out on the street, honey. You ride up and down the driveway only. Don't go over to your friend's house. I have got to take you in the car and drive you," I really wouldn't have paid that much for the land. And to be honest with you, I wouldn't have bought it. I feel that if you let this go through, you're letting down all these other people. You're letting down a lot of people that were here this morning, but because of the delays they couldn't stick around. A lot of these women said, "1 have to go home. My kid is coming home." You know, you're just going to be letting down a lot of people. It is not that we are trying to segregate from the rest of Naples. We're not trying to do that. We're not even here complaining about the tiny issues about the light that comes off from these businesses and things like that. We're not trying to nitpick with you, but we are trying to say, "Please, stand up and do what is right." That's all we're really asking is stand up sometimes and be Page 287 February 27, 2001 counted and say, "Okay. We gave the folks our word, our word is good." Gone are the days where you had a handshake, but I thought when I came down and I looked in the records and I saw it, I thought that was something I could take to the bank and sign my name on the check and say, "Okay. This is what I am going to be buying." So, please, stand up. Thank you. Mr. Feder, I have some COMMISSIONER COLETTA: questions of you, sir. COMMISSIONER MAC'KIE: COMMISSIONER COLETTA'- So do I. What is different now than was different in 19967 MR. FEDER: Basically, I think the County has recognized the need for interconnectivity. I think what I heard was some very, very strong arguments of concern. Obviously there has been historical issues related to this. And I recognize that. You do have two very strong policy issues that the County needs to come to grips with as we find where we are now and how we are going to move forward. Probably the strongest thing that I heard was the issue with Harley Davidson and test driving. Although, my reaction to that was very, very strong. I'm not sure you're going to keep them off because they're the closest local street even if they have to go up to Livingston to come in. I don't know if there's a way to exclude it, but I think the people have a very, very strong concern there on a test drive track. You don't want to see that happen at all, whether you open up this road or not. I will note to you that there are still those two policy issues. I didn't say it was an easy item to answer. That's why I said to the folks out here that I did speak to in the community that I recognize that. The interconnection, the issues we've had relative to Whippoorwill to the south and the like. And the other one is -- and I know there's some very strong statements about the desire for basically private roads. If the public is to operate and maintain those roads, then I don't think we can treat them as a private road community, which is essentially what is being asked for. Although, I appreciate why they want it and the concerns that they are expressing. COMMISSIONER MAC'KIE: Norm, some people here said that you said and somebody else said -- Mr. Mulhere said that this Page 288 February 27, 2001 wasn't something you were going to fight really hard for. MR. FEDER: I said to Mr. and Mrs. Falls that I was going to raise these two policy issues, but that I understood there was some historical background on this. And it was not going to be an easy issue for the Board to have to address, but that I was going to raise them, which is what I have done. I don't think you saw me jump up and down. And I don't for a minute feel that I want to be on the other side of the podium. COMMISSIONER MAC'KIE: Well, you know, that's -- that's -- the crux of the question for me is -- frankly, the way that you sold me on this -- on supporting the punch through of the road is that we will have wasted public money on the impact fee credits across the street if we don't punch this through. Did I not hear that right or am I overstating it? MR. FEDER: I presented to you the fact that we made a strong commitment across the street with impact fee credits to start a process to develop the alternates to. Everything has to go through the two arterial intersections and then the County would need to pursue that. Now, I think even their-- the client's representative made a strong case that it's a little bit different situation with the nature and the level of development on that. And I'll acknowledge that right now. COMMISSIONER MAC'KIE: Let me get that straight. Because this -- what you have been telling us and what the staff has been telling us over the last year or so is that we're going to have to bite the bullet, do the hard thing because it's the right thing to do and require interconnection of neighborhoods through commercial. And, you know, we talked about it so many times that we don't want people to get on a major arterial to buy a loaf of bread. Is this the classic case or is this a case where that is just not -- it doesn't really apply here because they do have these other connections to Livingston and -- COMMISSIONER HENNING: They're doubling it. COMMISSIONER MAC'KIE'- You know, so -- so that's my question. MR. FEDER: In fairness, I don't want to label anything as a classic case, but, unfortunately, yes. I would have to answer it Page 289 February 27, 200t very honestly without a question. The fact that they have two access points onto a single arterial is not interconnection. COMMISSIONER MAC'KIE: No. I know. MR. FEDER: If I'm dealing with a gated community when they tell me that they've got two gates on two different arterials, that is not interconnection either. What they have effectively said is they feel comfortable with their access, but that access then brings them through that intersection to get to that loaf of bread. And they're comfortable with that because of other attributes that they hold strongly. And that's what they've expressed to you very well here this evening. COMMISSIONER MAC'KIE: And if I -- unless I am just reading things wrong, Mr. Mulhere, I thought I saw you saying, no, it is not a classic case. I would like your opinion, too. MR. MULHERE: For the record, Bob Mulhere. I think that there are a couple of differences. We have the history behind us of commitments that were previously made. There is a little bit of a difference here. And the difference is that on those other PUDs there was no opportunity to punch a road through. There was no road to punch through. It was only until this particular piece of property came in that the opportunity to connect Whippoorwill straight through arose. So the Board really never dealt with this issue because they never dealt with this piece of property before. It is a new issue and I think that's why Norm raised the issue. On the other hand, you know, there is interconnection between the commercial properties in an east/west fashion through a service road. But, I mean, this is the first time that the Board has ever had the opportunity to look at this piece of property, which has, you know, the -- by its location, the opportunity to connect Whippoorwill Road north and south. COMMISSIONER MAC'KIE: And how many times do you think we've preached and cajoled you that we want interconnection to be real? I mean, that's just a hypothetical question. Because I know the answer to that. You know, this is just as hard a decision as I've had since I've been on the Board, frankly, because these are wonderful people that -- COMMISSIONER COLETTA: Pam, this is nothing. This is Page 290 February 27, 2001 nothing like you're going to come up against very shortly when they start talking about taking houses. This is just the beginning of it. You've got a road network that you're going to try to keep the integrity of it. And this figures into it somehow. I'm trying to figure out how it all comes together on that part there. Is this a domino that is going to take the rest of it with it or is this something that stands alone by itself? COMMISSIONER MAC'KIE: Well -- COMMISSIONER COLETTA.' I mean, with Fox Fire -- when you went up against Fox Fire, in that particular situation some serious errors were made. Are we going the same way with this? I don't know. COMMISSIONER MAC'KIE: We can't keep doing -- if you keep doing what you've always done, you'll keep getting what you've always gotten. And I don't want what we've always had. We have to at some point bite the bullet and do the hard thing. I guess, this is where we have to start. COMMISSIONER HENNING: Well, I hope that each and every one of you would take a look in that lady's face that has those two kids that live on Whippoorwill Lane and tell to her, "You don't need to worry about the mechanics road testing those motorcycles down there. Don't worry about your kids." MR. BLOUNT: Excuse me. Can I make a comment about that? COMMISSIONER HENNING: No, sir. CHAIRMAN CARTER: No, sir. We have taken public input. I have taken it all. It's under due consideration. I respect all of you. But if I let you up here, that opens it up to everybody else in the room. So I must-- MR. BLOUNT: I understand. But I was asking you to look at the PUD for Harley Davidson. CHAIRMAN CARTER: Sir, we are going to look at that. Absolutely we'll look at the PUD for Harley Davidson. Because I would have to go back -- and it was my understanding there was a testing limitation on where they could drive those Harleys. And if my memory serves me correct -- I want to be corrected here. They were not allowed to test drive Harleys in Livingston Woods. That's an enforcement issue. Page 291 February 27, 2001 Well, that's true. But, again, that's part of a PUD. It's a part of a legal document. And I don't care what it takes to enforce it. I want it done. Because no matter what the decision is here, I don't want to see Harleys, other than those owned by the people who live in Livingston Woods, going up those streets and testing them out. Now, that doesn't mean that if you see a Harley going down the street it's a test run. But if you see 20 Harleys going down the street, I would suspect that we are using it as a test run. COMMISSIONER MAC'KIE: Have we closed the public hearing? MR. YOVANOVICH: Commissioners, do you have any further questions regarding any of the comments? I do feel compelled to say one more thing about punching through Whippoorwill Lane. When we were talking about south of Pine Ridge Road, the reason that the -- COMMISSIONER MAC'KIE: Are you talking about Whippoorwill? MR. YOVANOVICH: Yeah, Whippoorwill. The reason for the impact fee credit is because not only were we doing it north/south is that you wanted an east/west connection. And so you were looking to move a lot more traffic off of Livingston Road. The new Livingston Road was going to come through. So I think that that distinguishes and you accomplished your goal of interconnectivity -- COMMISSIONER MAC'KIE: On that side of the street. MR. YOVANOVICH: -- on that side. But, I mean, you also have your interconnectivity on the north/south -- on the north side because you have got all of the commercial parcels connected. I don't think your policy says that in every circumstance you're trying to go and put commercial traffic into a neighborhood. And I believe -- COMMISSIONER MAC'KIE: Of course not. MR. YOVANOVICH: Frankly, probably from my client it is better to have the interconnection and the punch through to Whippoorwill Lane, but my client respects the neighborhood and has committed to them that they would not request an interconnection. We'll do it if we have to, but it's not our first choice. CHAIRMAN CARTER: Okay. I am going to close the public Page 292 February 27, 2001 hearings and then we will have discussion among the Board. Commissioner Fiala. COMMISSIONER FIALA: Thank you so much. I feel a lot like Tom does. But, then again, I live on Lakewood Boulevard and I see what's impacted us. And I know it's an inconvenience for people to have to continue down and they're complaining about all of the traffic. Yet, I see that it's a real safety problem on our streets having these cars coming through. Of course, we had 27,000 cars coming through a day on my street and we're backed right up to the street. I just don't want to do that to a neighborhood, especially when these people have bought in good faith thinking that we're going -- they're going to keep their neighborhood closed. It is very difficult for me. And then Norm did say it was not a desirable cut-through. I wrote that down when he said that. I think it would destroy that neighborhood. But anyway, that's my feeling. COMMISSIONER COLETTA.' What did you mean by not a desirable cut-through? MR. FEDER: The issue on interconnectivity here is predominantly in -- and the neighborhood has said that that is not necessarily their desire. But, nonetheless, is the ability of the neighborhood to access, whether it is 1-75 or other points, without having to go through the intersection of Pine Ridge and Livingston. So it is mostly because I wouldn't see a lot of people going westbound on Pine Ridge trying to find a way to avoid. I will say if you had a major accident at the intersection, this being open would be a way to divert traffic. That's what the police officer was saying. COMMISSIONER FIALA: It is true. What about -- when I am going -- when I am pulling into a commercial section, I usually slow down. Wouldn't that slow traffic up to have to turn into that commercial area to cut off to wind through these people's neighborhood, which they will have to slow down anyway? MR. FEDER: That, and a stop sign, and the circuitous nature of getting on to what's old Livingston to get over the connection, go over the canal and get onto Livingston, yes. There's a number of turns. So I'm not looking for it as a ma]or connection necessarily Page 293 February 27, 2001 for Pine Ridge to Livingston, but rather from the community to Pine Ridge, rather than going through the intersection itself. And that's the interconnectivity issue. And the other issue, of course, is the public roads and whether or not they're maintained open for traffic, other than the local traffic, which, if they're public roads, the County operates and maintains them. CHAIRMAN CARTER: Commissioner Coletta, Commissioner Henning. I got that look like you wanted to say something. COMMISSIONER COLETTA.' I've got real concerns over how we are going to go into this. I mean, we are all ridden by guilt by what we have heard here today. We also know that we made promises when we were running our campaigns that we were going to provide roads throughout the County. We hired Mr. Feder and are paying him a decent salary -- probably not enough -- to show us the way. CHAIRMAN CARTER: He would probably agree with that. COMMISSIONER COLETTA: To show us the way on this. And I -- my concern is that we've had it come up today where there was concern over about taking homes, which we should be, about the alignment of roads. We're willing to sacrifice one thing or another. I think pretty soon that if we don't establish some priorities here and get a direction, we're going to end up with what we've got right now. We're going to be no better than the previous commission where we come to a dead stop on our roads. We're never going to get the new roads in. COMMISSIONER MAC'KIE: I agree. COMMISSIONER COLETTA: Huh? No offense. COMMISSIONER MAC'KIE: You're right. COMMISSIONER HENNING: Let me just go on. I think what is happening in the south side of Pine Ridge with Whippoorwill and the north side is two different things because there is a density difference. Those on the south side are very dense. These are two and a half acre lots, five acre lots. And I see having an interconnection is just a way for delivery trucks to get to their destination, whether it be the gas station, whether it be the 7-Eleven. There's going to be the drugstore on the corner. It's to cut through Livingston, go down into these Page 294 February 27, 2001 people's community, Livingston Woods Lane, up into Whippoorwill. That's what I see this being convenient for. Commercial traffic in there. Besides the fact, this PUD calls for a motorcycle repair. We're going to have two of them. Not only Harley Davidson, but Honda, Suzuki. So then you're going to have -- COMMISSIONER COLETTA: Well, why don't we remove -- let's start at the beginning. Why don't we remove about the motorcycle repair from one of the choices? COMMISSIONER HENNING: What are you going to do about the delivery trucks with the rest of that? COMMISSIONER COLETTA: Let's go to Mr. Feder on it. I am just trying to see all the possibilities on this. You're asking for a hard decision and I understand where you're coming from. Mr. Feder, one more time. What can we expect from a man who supposedly has a tremendous amount of experience with these kind of situations; are they going to have a large amount of commercial traffic going through there? Are the roads going to built in such a way that it's going to impede this kind of -- MR. FEDER: I will use a bit of logic because I don't have my crystal ball. Experience and logic. The experience and logic would say no. If the item that the Commissioner was raising is that I'm going to be a big delivery truck, I'm driving south on Livingston and I'm going to go into one of the entrances, traverse, make a turn, make a second turn, make a third turn, to come to a stop sign to make a final turn, to then access -- all that through rather narrow roads in my delivery truck -- the commercial, when I could have come straight down Livingston, through the intersection, and had a signal at which to turn directly into the commercial, I'm not sure I understand why I would do that. NOW -- COMMISSIONER HENNING: What about -- MR. FEDER: -- would I say there would be no cut-through traffic in any way, shape or form? No. I'm not saying that. But I don't think that the issue of major delivery services deciding to take that trip through the community to reach the commercial center makes a lot of sense. COMMISSIONER HENNING: I am talking about like a bread truck. I am not talking about a gasoline tanker. Page 295 February 27, 2001 MR. FEDER: I'm also saying a bread truck that might run into a car when I'm being told that basically two cars slowly go by each other. That bread truck, why would it want to go through that route to reach its destination when it has six-lane facilities at its disposal? CHAIRMAN CARTER: Well, you have UPS and FedEx. COMMISSIONER HENNING: Can I answer that? MR. FEDER: Yes, sir. COMMISSIONER HENNING: It's because your intersections are clogged. So he's got a time line that he wants to get his delivery truck so that he can get home to his family. MR. FEDER: Okay. And the major point that I am making to you -- and I told these folks that I didn't want to get into a long discussion about this. I would like to be there, but we will take all of the traffic that is in this community that isn't necessarily going north that wants to get onto Pine Ridge to access any of the commercial there or out to 75 and the like and send them through that same intersection that you're telling me is congested. COMMISSIONER MAC'KIE: I'm going to make a motion to approve the project with the interconnection. COMMISSIONER COLETTA: I will give you a second. CHAIRMAN CARTER: I have a motion by Commissioner Mac'Kie and I have a second by Commissioner Coletta to approve the project with an interconnection. COMMISSIONER HENNING: So we're saying that it's okay for this new motorcycle company to come in and use Livingston Woods Lane as a test facility? CHAIRMAN CARTER: What you can do is -- if you want to amend the motion, you could restrict out certain uses on the property. COMMISSIONER HENNING: I'm not in favor of the motion. I'm just saying this is what the motion is. It's saying it is okay for -- it is not okay for Harley Davidson, but it is okay for Honda to go through there. COMMISSIONER MAC'KIE: You're right. I will amend my motion to add the same restrictions to this motorcycle repair shop's use as -- MR. YOVANOVICH: They're already there. COMMISSIONER MAC'KIE: -- they're already there -- as to Page 296 February 27, 2001 what Harley Davidson has. COMMISSIONER HENNING: other uses here? COMMISSIONER MAC'KIE: with the uses. I'm sorry. In other words -- Have you taken a look at the I have. I don't have a problem COMMISSIONER COLETTA: What are the other uses that you have a problem with, Tom, please? COMMISSIONER HENNING: The Laundromat. Oh, we've already talked about that. MR. YOVANOVICH: Commissioner, for the record, Page 9 of our PUD does prohibit the use of Livingston Woods as a test facility for the motorcycles. So we already have the same restrictions that Harley Davidson does. So we're prohibited from using Livingston Woods Lane. COMMISSIONER COLETTA: Now, I want to make sure I understand it. This prohibits, as far as the PUD goes. How is it enforced as far as law goes? COMMISSIONER HENNING: Code enforcement. MR. BLOUNT: Yeah, right. COMMISSIONER COLETTA: No. I don't know. That's why I'm asking the question. COMMISSIONER MAC'KIE: That's the answer. Code enforcement. COMMISSIONER COLETTA: Okay. CHAIRMAN CARTER: Or I suppose you could restrict this PUD by not allowing another motorcycle dealership. COMMISSIONER COLETTA: Well, that was my thought. That's what I was going to go for is that -- you've already got a contract with these people for the motorcycle or is this just a whole bunch of things that you're looking for? MR. YOVANOVICH: Commissioners, I do not already have a motorcycle dealer under contract. COMMISSIONER COLETTA: Would you seriously object to us removing that from -- MR. YOVANOVICH: Well, I would have to check with my client on that. But my request is that we already have limited ourselves just like somebody next door is limited. We would not be allowed to use Livingston Woods Lane. So I don't know why it would be a problem for us to have the same restrictions as Page 297 February 27, 2001 Harley. I mean, at least we are -- it's our property. COMMISSIONER COLETTA: You are being honest with me and I'm just asking you to help us out a little bit, if you can help us out. If your client doesn't have a contract at this time with a motorcycle seller, maybe they might be willing to waive that. Is your client here now or no? MR. YOVANOVICH: No. My client -- no. My client lives in Arizona. So he is -- COMMISSIONER COLETTA: They are, what, three hours earlier there? MR. YOVANOVICH: So do you want me to call while you're -- COMMISSIONER COLETTA: Yes, please. MR. YOVANOVICH: Okay. We'll check into that. COMMISSIONER COLETTA: Thank you. CHAIRMAN CARTER: Other questions, comments from other Board members? Commissioner Fiala, any comments, any input? COMMISSIONER FIALA: No. I said it all. I worry about the safety of these people. That's my big concern. COMMISSIONER MAC'KIE: You know, respectfully maybe the right thing to do then is to call the motion because it's not going to pass if it's 3 to 2. It takes four. And if Commissioner Henning and Commissioner Fiala are going to oppose the motion, then let's don't sit here while he's calling Arizona. Let's just move on. COMMISSIONER FIALA: Well, I don't know how Commissioner Carter is going to vote. COMMISSIONER MAC'KIE: But you know -- CHAIRMAN CARTER: It doesn't make any difference. COMMISSIONER MAC'KIE: -- how Commissioner Coletta is going to vote. COMMISSIONER FIALA: I mean, Henning. CHAIRMAN CARTER: Commissioner Henning is not going to vote for the motion. And if you say that you are not going to vote for the motion, well then -- COMMISSIONER MAC'KIE: Let's call the question. CHAIRMAN CARTER: I'll call the question. All in favor of the motion, signify by saying aye. COMMISSIONER MAC'KIE: Aye. COMMISSIONER COLETTA: Aye. Page 298 February 27, 2001 CHAIRMAN CARTER: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN CARTER: Aye. COMMISSIONER FIALA: Aye. MS. BAJAJ: No. CHAIRMAN CARTER: You need four votes, ma'am. MR. YOVANOVICH: She is okay. She is okay. CHAIRMAN CARTER: You need four votes. COMMISSIONER MAC'KIE: So the motion failed. You're okay. CHAIRMAN CARTER: The motion failed. COMMISSIONER HENNING: Motion to approve with the Planning Commission's recommendations and stipulations. COMMISSIONER FIALA: Second. CHAIRMAN CARTER: Any discussion? Do you want to include in that a restriction on -- COMMISSIONER MAC'KIE: No. MR. YOVANOVICH: We'll have a fence, Commissioner. CHAIRMAN CARTER: Oh, that's right. You've got a fence. All in favor, signify by saying aye. Opposed by the same sign. (No response.} CHAIRMAN CARTER: Motion carries. COMMISSIONER MAC'KIE: You got what you wanted, guys. (Applause.} MS. FEHR: Thank you. Will we have to deal with it again? (Multiple speakers simultaneously speaking.} COMMISSIONER MAC'KIE: Guys, she can't possibly get this on the record. CHAIRMAN CARTER: All right. First of all, we can't get it on the record. The answer to the question is will we ever deal with it again, I don't know. COMMISSIONER MAC'KIE: What's our next item? Item #12B1 & #12B2 ORDINANCE 2001-08 REGARDING PETITION PUD-86-22 (2), MR. WILIAM HOOVER, REPRESENTING MR. PETER LONGO OF OHIO SEALANTS, REQUESTING AN AMENDMENT TO THE PINE RIDGE CENTER PUD AND ORDINANCE 2001-09 REGARDING PETITION Page 299 February 27, 2001 PUD-88-11 (2), MR. WILLIAM HOOVER, REPRESENTING MR. ANTHONY JANCIGAR, REQUESTING AN AMENDMENT TO THE PINE RIDGE WEST CENTER PUD FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD AND WEST OF WHIPPOORWILL LANE - ADOPTED CHAIRMAN CARTER: Next item is -- MR. MCNEES: 12(B)(1). CHAIRMAN CARTER: 12(B)(1). Thank you, Mr. McNees. That is sworn in. We need to swear in everybody in regard to PUD 86-22. (All speakers were duly sworn.) CHAIRMAN CARTER: Disclosures? COMMISSIONER HENNING: Disclosures. I spoke to the petitioner's representative. COMMISSIONER MAC'KIE: Ditto. CHAIRMAN CARTER: I spoke with the petitioner's representative and the petitioner. COMMISSIONER HENNING: And the petitioner. Thank you. COMMISSIONER FIALA: I don't believe I spoke to anybody. MR. YOVANOVICH: You spoke to me. COMMISSIONER FIALA: Oh, was it you talked to me on this? Okay. Thank you. COMMISSIONER COLETTA: I also spoke to Rich and the neighbors that live behind there also and they mentioned it about this one, too, in passing. COMMISSIONER HENNING: Mr. Chairman, if I may, I went over this in quite detail. MR. BELLOWS: I would just like to point out as a companion item with PUD 88-11-2. CHAIRMAN CARTER: Right. We have got to do 88-11-2 because what they're asking for is not only to re-approve this PUD, but they are asking if they can have similar uses in both of the PUDs. MR. BELLOWS: Yes. Look at the master plan. COMMISSIONER HENNING: Can I make a motion? COMMISSIONER MAC'KIE: Are there registered speakers on this item? MR. YOVANOVICH: I only have to make one point so Norm doesn't have to speak. Page 300 February 27, 2001 MR. FEDER: Thank you. MR. YOVANOVICH: There is a median cut where you see where our cul-de-sac intersects with Pine Ridge Road. I need to clarify for the record that is not a full median cut. We have right in and right out and left in. We don't have a left out. COMMISSIONER MAC'KIE: Are there registered speakers? MR. YOVANOVICH: Is that acceptable? MR. MCNEES: Only Mr. Yovanovich. COMMISSIONER MAC'KIE: We could close the public hearing. CHAIRMAN CARTER: I'll close the public hearings. Do I hear a motion .- motion to -- COMMISSIONER HENNING: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN CARTER: I have one request that the motioner and the second may want to consider. I'm not willing to expand the uses that are in this PUD as was in the original PUD. I think both need to stay with the original uses as they were presented in the first PUD. I'm not willing to expand additional PUD uses. COMMISSIONER HENNING: Was it represented where; where was it represented in the original? CHAIRMAN CARTER: In the original PUD there was specific criteria. And what they have done now is put two together and they want to change the use to be more inclusive than was in the original PUD when it was approved some time back, whatever the time line was. MR. BELLOWS: Well, I think basically the intent of the Pine Ridge Center and Pine Ridge Center West was to do a combined project, as is depicted here, all along. They're just separate owners on Pine Ridge West versus the Pine Ridge Center. They're only adding a particular use, a contractor's general office, which would be now Tract B in the center of the site with -- and they provided strict architectural standards of how this office -. general contractor's office will work. CHAIRMAN CARTER: It's also my understanding they were adding the use of like a grocery store. MR. BELLOWS: Yes. Along the remaining tract along Pine Ridge Road. They were adding apparel stores, food stores, general merchandise stores, as noted in the executive summary. COMMISSIONER HENNING: What is your concern, Page 301 February 27, 2001 Commissioner Carter? Because I asked the petitioner about -- is there going to be outside storage with these contractor offices and there is no outside storage. So -- CHAIRMAN CARTER: My concern is -- I don't know if they're going to end up doing what they're saying they're going to do today. Once you approve this, that means if that deal falls through they can put anything in within those classifications. And that could include retail, it could include grocery stores, et cetera. I'm just not willing to expand the use. Let them deal with what they already have. COMMISSIONER HENNING: Are you saying that you want specifics on the uses? Because what I see here is the LDC uses numbers. COMMISSIONER MAC'KIE.' And they gave us a little sheet. COMMISSIONER HENNING: I don't understand. CHAIRMAN CARTER: Right. COMMISSIONER MAC'KIE: They gave us the codes and all that stuff. Is the -- what was the reason this isn't on the summary again? MR. YOVANOVICH: The only reason was the issue of traffic on Pine Ridge Road. And that's -- that's your policy. Your growth management plan already addresses that issue. COMMISSIONER MAC'KIE: So staff's recommendation was that these uses were appropriate for the property? MR. BELLOWS: That's correct. It's very similar to the Pine Ridge PUD to the east and that we're also providing this east/west interconnection with this amendment that will connect with Pine Ridge east/west and all the way over to Dudley, which is the existing PUD with the service station. The Chevron service station. COMMISSIONER FIALA: I do have one question. When are you going to be building this? It says that our roa.ds are going to be finished in 2002. I believe that's what it sa,d someplace. I was just wondering: Will this be built before then; will they be building it during our construction period on the road? MR. YOVANOVICH: Commissioner Fiala, at this time we don't have a contract purchaser. So as each day passes, the likelihood that you're going to get done first increases. Page 302 February 27, 2001 COMMISSIONER FIALA: I see. So we have a good chance of not impacting the already overcrowded road. MR. YOVANOVICH: Right. And I would point out, Commissioner Carter, that all we're doing is asking our PUD to be consistent with the other PUDs in the area. And we are adding some interconnects that will make access better between all of the PUDs. CHAIRMAN CARTER: Well, you haven't convinced me, sir. But if there's not a second or any amendment to that, I'll call the question. Okay. All in favor signify by saying aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER MAC'KIE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN CARTER: Opposed by the same sign? Aye. Motion carried. COMMISSIONER MAC'KIE: Is that for both of these? CHAIRMAN CARTER: Both, yes. COMMISSIONER HENNING: Yes. CHAIRMAN CARTER: Motion carries 4-1. All right. That takes us down to communications -- Board communications. Item #15A REACTIVATING THE CITY AND COUNTY MANAGER/ADMINISTRATORS COMMITTEE - APPROVED COMMISSIONER FIALA: Oh, I have something. Thank you. COMMISSIONER MAC'KIE: It better be good. COMMISSIONER FIALA: It's great. CHAIRMAN CARTER: Well, if you're still getting your thoughts together, I'm just going to move to the one I had. And that is reactivating the City and County Manager's Administrators Committee for the Regional Planning Council because of the growth management plan, because of the changes that are going on in the total region. The executive director, Wayne Daltry, has requested that we Page 303 February 27, 2001 reinstitute that. COMMISSIONER MAC'KIE: Motion to approve. CHAIRMAN CARTER: All in favor signify by saying aye. (Unanimous votes of ayes.) CHAIRMAN CARTER: Motion carries. Item #15B STAFF TO ADVERTISE AN AMENDMENT REGARDING SECTION 3 OF THE BEACH RENOURISHMENT COMMITTEE ORDINANCE Commissioner Fiala. COMMISSIONER FIALA: Mine is simple. I just want to change the wording just a little bit on our beach renourishment committee. I have Penny Taylor here to vouch for the fact that the City is in agreement. I know that Marco Island will also be in agreement. I have checked with our County Manager and also with our County Attorney and they are all in agreement that the words define and get a closer look at what we really wanted to say in the first place. And so you will probably have it. It's in Section 3 here. The underlying things. It says, "Except that the appointments of members from the City of Naples and the City of Marco Island shall be appointed from a list containing one or more qualified applicants submitted by the respective governing bodies of those cities." COMMISSIONER MAC'KIE: Motion to approve. COMMISSIONER HENNING: We still got the 3-3-3, right? COMMISSIONER COLETTA: No. COMMISSIONER FIALA: Yes. We still have the 3-3-3. The only thing we're doing is allowing each city, Marco and Naples, and also the County to submit their names for the people they want on that committee. COMMISSIONER COLETTA: Didn't this come forward just recently where we had a problem with the fact that it was getting political? COMMISSIONER MAC'KIE: Yeah. But what I think what happened was when it went back to the City of Naples that they wanted to be sure that if they designate applicants who meet the qualifications that we have agreed we will take them. Page 304 February 27, 200t COMMISSIONER FIALA: That's right. COMMISSIONER MAC'KIE: That was the key there. COMMISSIONER HENNING: It needs to be advertised. COMMISSIONER FIALA: And they might submit four or five names to us. COMMISSIONER COLETTA: So in other words, we get the final pick and the final say or we can reject them. COMMISSIONER MAC'KIE.' Absolutely. COMMISSIONER FIALA: Yes. We take their list. COMMISSIONER COLETTA: Okay. And as long as that's understood in there, I don't have a problem with it. COMMISSIONER FIALA: And you all have a copy of this, right? Would you like to read it over for a minute just to make sure that it's a complete agreement? COMMISSIONER HENNING: I just understood that we advertised this. It's going to be on a public hearing coming up. MR. WEIGEL: You're right. The direction that you would be giving staff or the County Attorney is to provide and advertise the appropriate amendment to meld this into the ordinance that you just recently-- COMMISSIONER MAC'KIE: Then I withdraw my motion and just give that direction. CHAIRMAN CARTER: Give staff direction to do that and bring it back in two weeks. MR. WEIGEL: Very soon. CHAIRMAN CARTER: Commissioner Coletta. COMMISSIONER COLETTA: Yes. I just wanted to touch base a little bit about what was happening here today. And we need to give some serious thought of how we're going to handle future road needs in this County or else we're not going to succeed. I have a real concern about how we're heading into it. And I hope you hold my feet to the fire when it's in my area and if I ever give you a hard time about interconnectivity. Go ahead, remind me of this day. COMMISSIONER HENNING-- Okay. COMMISSIONER COLETTA: Thanks, Tom. I know you will. COMMISSIONER HENNING: Commissioner Carter, I'm going to drop one thing that I was going to say. But the Golden Gate master plan, what I would like to see is have an ex-officio from Page 305 February 27, 2001 this Board to see that things are carried out. And also there are certain things that -- I mean, I will send a memo. There are certain things that I would like to see happen on the Golden Gate master plan, such as affordable housing. I think we need -- really seriously need to look at industrial and that stuff. COMMISSIONER MAC'KIE: So you would be basically our liaison to that? COMMISSIONER HENNING: I would like to, yeah. COMMISSIONER MAC'KIE: I think that's appropriate. COMMISSIONER FIALA: To the Golden Gate master plan? That would work. COMMISSIONER COLETTA: Just one little thing though. The Golden Gate master plan encompasses an area that goes all the way from the Estates right on through. The reason I didn't suggest it before is because I -- I wanted to make sure that the committee that's meeting will not be hindered by a Commissioner being on the actual board itself. I attend the meetings myself and I sit by and listen so I can be totally informed. Mind you, this is an initiative I started and I'm very concerned how it goes forward. And if Mr. Henning is the ex-officio member, I can't participate. COMMISSIONER MAC'KIE: Oh, that's a good point. COMMISSIONER COLETTA: Okay. COMMISSIONER MAC'KIE: You know, there's something -- I had heard something that was coming back to us was when we discussed this business about freezing development permits in the Estates pending this -- this comp plan re-look, the master plan re-look, I was thinking east of 951 or -- you know, I was thinking Estates. I wasn't really thinking Golden Gate City. So it might be that we're mixing apples and oranges here. COMMISSIONER COLETTA: You know, possibly we may have to break it off into two units. COMMISSIONER HENNING: COMMISSIONER COLETTA: sure, COMMISSIONER HENNING: I would like to see -- COMMISSIONER COLETTA: No. It is all one and inclusive. It has been before. That's for I mean, I have a lot of input that Oh, I do too. For sure. Very Page 306 February 27, 2001 much so. I mean, I was on the original one. COMMISSIONER HENNING: I understand that. And I was just trying to take the pressure off of you because you're having so much heat of putting commercial development in part. COMMISSIONER COLETTA: I don't appreciate that at. all. I really want to have the heat on me. I accept the respons,bility for District Five and plan to be totally involved in any way I can be. COMMISSIONER MAC'KIE: So maybe, in effect, the two commission districts would be better off without a designee. COMMISSIONER HENNING: That's fine. CHAIRMAN CARTER: Right. Okay. One last thing. Based on the discussion with Pelican Bay this afternoon, I am going to recommend to staff that we look at March 21, 22, or 23 as a possible -- one of those three dates to hold a town hall meeting, time to be determined, whether it's evening, whether it's an afternoon. We need to get the Commissioners to advise Sue Filson what date works so that she can coordinate with Mike McNees so that we can get the appropriate people invited and to be there and work through. And I will work with David Weigel to work out the particulars and communicate with the Commissioners. COMMISSIONER HENNING: That would be great. CHAIRMAN CARTER: Does that give us sufficient time to do what we need to do? MR. WEIGEL: I think that's fine. I think that's just fine. CHAIRMAN CARTER: Thank you. If there's no further discussion or input by this Board, the meeting is- Item #15C SIXTY DAY EXTENSION ON OFFER FROM MR. PAUL HARDY FOR THE BAREFOOT BEACH PRESERVE PARCEL MR. WEIGEL: One last thing. If you can hear me, what I would like to say is Commissioner Mac'Kie had received from Paul Harvey an offer in regard to the Barefoot Beach Preserve Page 307 February 27, 2001 parcel that was good until the 28th, tomorrow. And it was for an express sum, including a lease time over years. And it was made to her. We've been working with Don Pickworth in that regard. And I met with Don Pickworth last Thursday for quite some period and he said that if the Board has a desire for him to extend that offer, that it would need to provide that direction or request. COMMISSIONER MAC'KIE: I would like to provide that request. MR. WEIGEL.' He said not indefinitely, but for a time certain. I would say about 60 days. And the reason I say 60 is because even in less than 60, we're committed to come back to you with some other thoughts. And I expect that I'll be coming back to you intermittently, both privately by meeting, and memo, as well as by Board meeting in regard to this. We're working very astridulously with Leo Ochs in real property, the title commitments, the appraiser and the appraisal that we need. And the reason I tell you about the appraisal and the appraiser that will be doing an appraisal for us is that the offer that Mr. Harvey gives us may mean very little based upon the final title work that we do ourselves and are satisfied with, which tells us of the developability of the property. And so I will communicate with Don Pickworth -- he's the attorney with Harvey. I don't talk with Harvey myself -- and tell him that it's your general consensus that we're requesting 60 days extension of the offer. Whether he gives it or not may be really immaterial to the work that you've already empowered us to do. But I felt constrained to bring it up today while we could. CHAIRMAN CARTER: Okay. So all you're looking for is staff direction? MR. WEIGEL.' Yeah. COMMISSIONER MAC'KIE.' I hope we keep that up. MR. WEIGEL: A commitment or an expression of the Board that Harvey extend his offer 60 days. COMMISSIONER HENNING.' Okay. I can just say that I am interested in the purchase, the acquirement of the property, not a lease. COMMISSIONER MAC'KIE: And I'm more interested in Page 308 February 27, 2001 acquiring the property, too. MR. WEIGEL: That's a very important point. COMMISSIONER MAC'KIE: To keep all doors open. CHAIRMAN CARTER: All doors are supposed to be open. And I don't think this in any way, shape or form limits us. It's just -- COMMISSIONER MAC'KIE: You're right. CHAIRMAN CARTER: -- extending a time line to deal with one piece of it. MR. WEIGEL: That's exactly right. And no commitment whatsoever. COMMISSIONER MAC'KIE: It's past my bedtime. MR. WEIGEL: All right. Thank you. CHAIRMAN CARTER: Thank you. ***** Commissioner Mac'Kie moved, seconded by Commissioner Coletta and carried unanimously, that the following items under the Consent and Summary Agenda be approved and/or adopted: ***** Item #16A1 RESOLUTION 2001-51 RELATING TO THE ENFORCEMENT OF VEGETATION REMOVAL IN THE RURAL AREAS OF THE COUNTY IN RESPONSE TO THE THREAT OF FIRE ITEM #16A2 RESOLUTION 2001-52 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "BAY LAUREL ESTATES AT PELICAN MARSH UNIT TWENTY-ONE" Item #16A3 CARNIVAL PERMIT 2001-04 RE PETITION CARNY-2001-AR #369, DUANE WHEELER, OF THE ROTARY CLUB OF IMMOKALEE, REQUESTING PERMIT TO CONDUCT A CARNIVAL FROM MARCH 1, 2, 3 AND 4, 2001 AND MARCH 8, 9, 10 AND 11, 2001 ON COUNTY OWNED PROPERTY LOCATED ON THE SOUTHWEST PORTION OF THE IMMOKALEE REGIONAL AIRPORT, 520 Page 309 February 27, 2001 AIRWAYS ROAD - WITH WAIVER OF APPLICATION FEE, OCCUPATIONAL LICENSE AND SURETY BOND Item #16A4 FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR RITZ- CARLTON PARKING GARAGE AND RELEASE OF THE UTILITIES PERFORMANCE SECURITY TO THE PROJECT ENGINEER OR THE DEVELOPER'S AGENT Item #16A5 - Continued Indefinitely FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR BOYNE SOUTH AND RELEASE OF THE UTILITIES PERFORMANCE SECURITY TO THE PROJECT ENGINEER OF THE DEVELOPER'S AGENT Item #16A6 RESOLUTION 2001-53 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "FIDDLER'S CREEK PHASE lB, UNIT TWO" Item #16A7 RESOLUTION 2001-54 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "FIDDLER'S CREEK PHASE lA" Item #16A8 RESOLUTION 2001-55 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "FIDDLER'S CREEK PHASE lB, UNIT ONE" Item #16A9 RECORDING OF THE FINAL PLAT OF "NORMAN ESTATES AT Page 310 February 27, 2001 PELICAN MARSH UNIT 23 REPLAT OF LOTS 3 THROUGH 18 AND PART OF TRACT B". Item #16B1 CHANGE ORDER NUMBER 3 WITH BETTER ROADS, INC. FOR ADDITIONAL CONSTRUCTION SERVICES FOR REVISING LIVINGSTON ROAD FOUR LANE TO LIVINGSTON ROAD SIX LANE, PROJECT #60061 - IN THE AMOUNT OF $1,280~371.86 Item #16B2 CHANGE ORDER NUMBER 5 WITH APAC-FLORIDA, INC. FOR ADDITIONAL CONSTRUCTION SERVICES FOR THE WIDENING OF IMMOKALEE ROAD FROM 1-75 TO COLLIER BOULEVARD (CR 951), PROJECT NO. 69101 - IN THE AMOUNT OF $212,057.01 Item #16B3 EXTENSION OF CONTRACT #98-2821, CONTRACTUAL SERVICES FOR TRAFFIC SIGNALS AND STREET LIGHTS - EXTENDED THROUGH APRIL 30, 2001 Item #16B4 STAFF SELECTION OF PROFESSIONAL LANDSCAPE ARCHITECTURE SERVICES FIRMS AND AUTHORIZATION TO NEGOTIATE AND AWARD AGREEMENTS TO SAME FOR FIXED- TERM PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES (RFP #00-3131) - TO SIX FIRMS AS OUTLINED IN THE EXECUTIVE SUMMARY Item #16B5 BUDGET AMENDMENT TO PROVIDE FUNDS TO THE LELY GOLF ESTATES MUNICIPAL SERVICES TAXING UNIT (MSTU} BEAUTIFICATION FUND Item #16B6 Page 311 February 27, 2001 SPEED LIMIT REDUCTION FROM THIRTY MILES PER HOUR (30 MPH) TO TWENTY-FIVE MILES PER HOUR (25 MPH) FOR ALL LOCAL ACCESS STREETS IN GOODLAND PER RESOLUTION 96-340 Item #16B7 APPROVAL OF THE SHORT LIST FROM RFP #00-3152 FOR AN ENVIRONMENTAL CONSULTANT FOR CLAM BAY RESTORATION AND STAFF TO NEGOTIATE W/TURRELL AND ASSOCIATES, INC. Item #16B8 - Moved to Item #8B1 Item #16B9 BUDGET AMENDMENT FOR CONSTRUCTION ENGINEERING INSPECTION CONTRACT TO CONSUL-TECH ENGINEERING, INC., FOR THE WIDENING OF AIRPORT-PULLING ROAD, COLLIER COUNTY PROJECT NO. 62031, CIE NO. 55, RFP NO. 00-3081 Item #16B10 SOLE SOURCE PURCHASE OF "TIDEFLEX" VALVES FOR OUTFALL PIPES UNDER US 41/DAVIS BOULEVARD INTERSECTION, PROJECT 31805, FROM RED VALVE COMPANY AND INSTALLATION TO BE PERFORMED BY A LOCAL CONTRACTOR IN THE ESTIMATED AMOUNT OF $32,000 Item #16B11 BARE LICENSE AGREEMENT BETWEEN COLLIER COUNTY AND WCI COMMUNITIES, INC., FOR USE OF VACANT COUNTY-OWNED PROPERTY - ANNUAL RENT IN THE AMOUNT OF $12,240 TO BE PAID BY WCI Item #16B12 RESOLUTION 2001-56 PROVIDING FOR THE ESTABLISHMENT OF AN AD HOC ADVISORY COMMITTEE TO PROVIDE INPUT AND GUIDANCE IN THE AESTHETIC APPEARANCE OF THE I- Page 312 February 27, 2001 75/GOLDEN GATE PARKWAY INTERCHANGE AND THE GOLDEN GATE PARKWAY CORRIDOR AS THE GATEWAY TO NAPLES AND GOLDEN GATE CITY Item #16C1 SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Item #16C2 AMENDMENT NO. 9 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HUMISTON AND MOORE ENGINEERS FOR WORK ASSOCIATED WITH THE BIG MARCO AND CAPRI PASS INLET MANAGEMENT PLAN - IN THE AMOUNT OF $22,000 Item #16C3 CHANGE ORDER NO. I TO AMENDMENT NO. 6 OF THE PROFESSIONAL SERVICES AGREEMENT WITH HUMISTON AND MOORE ENGINEERS FOR THE BIG MARCO PASS AND CAPRI PASS INLET MANAGEMENT PLAN - IN THE AMOUNT OF $25,000 Item #16C4 RESOLUTION 2001-57 APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16C5 RESOLUTION 2001-58 APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Page 313 February 27, 2001 Item #16C6 RESOLUTION 2001-59 APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16C7 RESOLUTION 2001-60 APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16C8 RESOLUTION 2001-61 APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16C9 RESOLUTION 2001-62 APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16C10 SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES Item #16C11 Page 314 February 27, 2001 WORK ORDER UNDER THE FIXED TERM STRUCTURAL ENGINEERING SERVICES CONTRACT WITH KRIS JAIN AND ASSOCIATES, INC., FOR DESIGN OF A STORAGE BUILDING FOR THE NORTH COUNTY WATER RECLAMATION FACILITY - IN THE AMOUNT OF $33,000 Item #16D1 BID 00-3186 FOR THE RE-DECKING OF THE EXISTING BOARDWALKS AT TIGERTAIL BEACH - AWARDED TO MODERN SERVICES IN THE AMOUNT OF $73,000 Item #16D2 ACCEPTANCE OF AN ADDITIONAL $62,667 IN STATE AID TO LIBRARIES IN FY01 Item #16D3 RESOLUTION 2001-63 REGARDING ROAD CLOSURE OF STATE ROAD 29 FOR ROBERTS RANCH ROUNDUP CATTLE DRIVE ON MARCH 10, 2001 FROM 9:30 A.M. TO 11 A.M. FOR A CATTLE DRIVE Item #16D4 CHANGE ORDER #1 FOR VINEYARDS COMMUNITY PARK PROJECT - WITH AGNOLI, BARBER AND BRUNDAGE, INC. IN THE AMOUNT OF $7~622.75 Item #16E1 RESOLUTION 2001-64 AMENDING COUNTY PURCHASING POLICY BY MODIFYING CURRENT STAFF AUTHORITY AND EXPEDITING PROJECT DELIVERY SCHEDULES Item #16E2 CERTAIN COUNTY-OWNED PROPERTY DECLARED AND Page 315 February 27, 2001 AUTHORIZED AS SURPLUS PROPERTY FOR A SALE AND APPROVAL OF SALE OF SURPLUS BID NO. 00-3160 DOUBLE- WIDE TRAILER TO SUNCOAST STEEL IN THE AMOUNT OF $3,500 -AUCTION TO BE HELD MARCH 3, 2001 Item #16F1 BID NO. 00-3155 FOR THE PURCHASE OF EXPENDABLE MEDICAL SUPPLIES FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT - AWARDED TO VARIOUS VENDORS AS OUTLINED IN THE EXECUTIVE SUMMARY Item #16G1 BUDGET AMENDMENT #01-185 Item #16J1 MISCELLANEOUS ITEMS - 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 316 · FOR BOARD ACTION: BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 27, 2001 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. January 3 through January 9, 2001 2. JanUary 10 through January 16, 2001 3. January 17 through January 23, 2001 H:Data/Format February 27, 2001 Item #16L1 STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 258 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. DAVID G. HURLBUT, JR., TRUSTEE, ET AL, CASE NO. 00-1398-CA (GOLDEN GATE BOULEVARD, PROJECT NO. 63041) - STAFF TO DEPOSIT THE SUM OF $700 INTO THE REGISTRY OF THE COURT Item #16L2 STIPULATED FINAL JUDGMENT PROVIDING PAYMENT FOR THE COUNTY'S INTEREST IN PARCELS 101 AND 803 ACQUIRED BY FLORIDA DEPARTMENT OF TRANSPORTATION IN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION V. JOHN N. BRUGGER, AS TRUSTEE, ET Al.. - IN THE AMOUNT OF $4,000 Item #16L3 RESOLUTION 2001-65 CLARIFYING THE MEMBERSHIP OF THE COLLIER COUNTY COMMUNITY HEALTH CARE PLANNING AND FINANCE COMMITTEE Item #17A ORDINANCE 2001-04 REPEALING COLLIER COUNTY ORDINANCE 74-3 WHICH ESTABLISHED THE GOLDEN GATE FIRE CONTROL DISTRICT MUNICIPAL SERVICE TAXING UNIT IN ITS ENTIRETY Item #17B ORDINANCE 2001-05 REPEALING COLLIER COUNTY ORDINANCE 75-9 THAT CALLED FOR A REFERENDUM TO ESTABLISH THE COLLIER COUNTY FIRE CONTROL DISTRICT ONE IN ITS ENTIRETY Item #17C - Continued to March 13, 2001 ACCEPTANCE OF A SETTLEMENT PROPOSAL IN THE CASE OF WALDEN OAKS OF NAPLES HOMEOWNERS ASSOCIATION INC., Page 317 February 27, 200t ET AL V. COLLIER COUNTY AND BIC'S INVESTMENT CORPORATION, CASE NO. 98-2540-CA AND CASE NO. 98-3135-CA PENDING IN THE TWENTIETH JUDICIAL CIRCUIT COURT, COLLIER COUNTY, FLORIDA There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:25 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CHAIRMAN ~?"ATTEST: DWIGH'~ E. BROCK, CLERK Attest as to Chalnm~'$ signature on15. These minutes approved by the Board on as presented / or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES BY: Dawn Breehne, Heather Casassa, Elizabeth Brooks and Kelley Marie Blecha Page 318