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BCC Minutes 11/05/2002 RNovember 5, 2002 TRANSCRIPT OF THE REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, November 5, 2002 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special district as has been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: VICE-CHAIRMAN: ALSO PRESENT: James N. Coletta Tom Henning James D. Carter, Ph.D. Donna Fiala Fred W. Coyle Jim Mudd, County Manager David Weigel, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 5, 2002 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 THE TIME IS ADJUSTED 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 1 November 5, 2002 FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Donald G. Roth, Moorings Presbyterian Church 2. AGENDA AND MINUTES Ae Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. October 8, 2002 - Regular Meeting 3. SERVICE AWARDS 4. PROCLAMATIONS Ae Proclamation to recognize the efforts of the Sheriff's Basic Pistol and Firearms Safety Course. To be accepted by Lieutenant Wayne Brown, Retired Captain Larry Vanston and Sergeant Kevin Richards. Be Proclamation recognizing the Professional and Volunteer Firefighters and their agencies for their beneficial training. To be accepted by Chief Bob Schank, East Naples Fire Department and Deputy Chief Oily Stolts, North Naples Fire Department. Ce Proclamation recognizing the gratitude and appreciation to the Parks and Recreation Department. To be accepted by Marla Ramsey, John Veit and Staff of the Parks and Recreation Department. 5. PRESENTATIONS 6. PUBLIC PETITIONS 2 November 5, 2002 Ae Public Petition request by Jim Kramer regarding information contained in fax request. Be Public Petition request by Angela Robinson to discuss Naples Jaycees 2003 July 4th Festival and Fireworks Display. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS Ae PUDZ-2001-AR-798, Tim Hancock, AICP, of Vanasse Daylor, LLP, and R. Bruce Anderson of Young, VanAssenderp, Vamadoe and Anderson, P.A., representing Baldridge Development, Inc., requesting a rezone from "A" Rural Agricultural and "A" Rural Agricultural with "ST" Special Treatment Overlay to "PUD" Planned Unit Development to be known as the Baldridge PUD for a maximum of 125,000 sq. ft. of retail and general commercial uses for property located on the Southeast Comer of the Intersection of Pine Ridge Road (C.R. 896) and Livingston Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 16.8 acres. Bo RZ-2001-AR-1649, Robert L. Duane, of Hole Montes, Inc., representing Craig D. Timmins, Trustee, requesting a rezone from RSF-3 to C-1 for property located South of Immokalee Road on the East side of Veterans Park Drive, in Section 26, Township 48 South, Range 25 East, Collier County, Florida. Ce Approval of the "Citizens Corps" Advisory Council Ordinance and appointment of the eleven (11) voting members of the Council. De DOA-2001-AR-1638, Robert L. Duane, AICP, of Hole Montes Inc., representing Hardy Development Group Inc., requesting an amendment to the Pelican Strand DRI for the purpose of reducing the number of dwelling units from 1,200 to 1,160 and to allow for the option of 120 dwelling units to be developed within the commercial portion of the DRI in lieu of 140 hotel/motel units for property located at the intersection of Immokalee Road and 1-75, Pelican Strand Subdivision, in Sections 18 and 19, Township 48 South, Range 26 East, Collier County, Florida. (Companion to PUDA- 2001-AR-1639) 3 November 5, 2002 me PUDZ-2001-AR-1639, Robert L. Duane, AICP, of Hole Montes Inc., representing The Strand Ltd., a Florida Limited Parmership, requesting a rezone from PUD to PUD for the option of 120 residential units in lieu of 140 motel/hotel units for property located at the intersection of Immokalee Road and 1-75, Pelican Strand Subdivision, in Sections 18 and 19, Township 48 South, Range 26 East, Collier County, Florida. (Companion to DOA- 2001-AR-1638) Fe Adoption of an Ordinance amending Chapter 74 of the Collier County Code of Law and Ordinances, as amended by Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, to amend the eligibility criteria for impact fee deferrals for rental dwelling units to include modular homes and mobile homes in order to facilitate impact fee deferrals totaling approximately $204,984.12 for a transitional housing facility currently being developed by the First Assembly of God. Ge This item has a Time Certain of 1:00 p.m. Adoption of an Ordinance amending Chapter 74 of the Collier County Code of Law and Ordinances, as amended by Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, by establishing a geographic overlay for the Immokalee Area and providing for a Component Road Impact Fee Deferral Program to mitigate the economic effects of increased road impact fee rates. 9. BOARD OF COUNTY COMMISSIONERS Appointment of members to the Emergency Medical Services Advisory Council. B. Appointment of members to the Golden Gate Estates Land Trust Committee. Ce Appointment of members to the Health and Human Services Advisory Committee. 10. COUNTY MANAGER'S REPORT Ae Approve Supplemental Agreement No. 4 to the Professional Services Agreement with CH2MHILL, Inc., in the amount of $98,453, for the design of Vanderbilt Beach Road from Airport-Pulling Road to Collier Boulevard, Project No. 63051. (Norman Feder, Administrator, Transportation) 4 November 5, 2002 Be Ce to Ge lie Je Adopt a Resolution authorizing the Acquisition by Gift or Purchase of Right-of-Way and Stormwater Retention Sites in Fee Simple Title, as well as Perpetual, Non-Exclusive Road Right-of-Way, Drainage and/or Utility Easements, and Temporary Driveway Restoration Easements, and Temporary Construction Easements, which will be required for the Construction of Roadway, Drainage and Utility Improvements for the Vanderbilt Beach Road Six-Laning Project from Airport-Pulling Road to Collier Boulevard (Project No. 63051). Fiscal Impact: $4,088,000. (Norman Feder, Administrator, Transportation) Review and approve the FY 2003 Work Plan for the County Manager. (Jim Mudd, County Manager) Approval for the recording and filing of a Claim of Lien for Encore Senior Village for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) Approval for the recording and filing for a Claim of Lien for Aston Gardens at Pelican Marsh for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) Approval for the recording and filing for a Claim of Lien for Arden Courts at Lely Palms and Manor Care at Lely Palms for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) Approval for the recording and filing for a Claim of Lien for Canterbury House at The Vineyards for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) Approval for the recording and filing of a Claim of Lien for The Carlisle for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) Approval for the recording and filing of a Claim of Lien for Windsor Court for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) Approval for the recording and filing of a Claim of Lien for Terracina Grand for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community 5 November 5, 2002 11. 12. Development) Ke Approval for the recording and filing of a Claim of Lien for Summer House Assisted Living, Inc., for unpaid impact Fees. (Joseph K. Schmitt, Administrator, Community Development) te Approval for the recording and filing of a Claim of Lien for Greenfield Cormnons for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) Me Approval for the recording and filing of a Claim of Lien for Homewood Residence for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) Ne Approval for the recording and filing of a Claim of Lien for Merrill Gardens for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) Om Approval for the recording and filing of a Claim of Lien for Bentley Village for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) PUBLIC COMMENTS ON GENERAL TOPICS COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. 6 November 5, 2002 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Code Enforcement Lien Resolution approvals. 2) Petition CARNY-2002-AR-3209, Reverend Joseph Spinelli, OSA, St. Elizabeth Seton Catholic Church, requesting a Permit to conduct a carnival from November 6-10, 2002 on church property located at 2760 52nd Terrace SW, Golden Gate City, FL. 3) Approval of the Satisfaction of Lien for Code Enforcement Case No. 2002-002 styled Board of County Commissioners Collier County, Florida vs. William Seward regarding violation to Ordinance No. 91- 102, Section 3.9.3 and 2.7.6(5) as amended of the Collier County Land Development Code. 4) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-017 styled Board of County Commissioners Collier County, Florida vs. Andres and Olga Hemandez regarding violation to Ordinance No. 91-102, Section 3.9.3 as amended of the Collier County Land Development Code. 5) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-030 styled Board of County Commissioners Collier County, Florida vs. Mini Max Market, Inc., regarding violation of Sections 2.7.6(1) and (5) of Ordinance No. 91-102, as amended of the Collier County Land Development Code. 6) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-074 styled Board of County Commissioners Collier County, Florida vs. Penelope P. Maroules regarding violation of Section 6, Paragraph B1 and 2 of Ordinance No. 2000-68 of the Collier County Noise Ordinance. 7) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-052 styled Board of County Commissioners Collier County, Florida vs. John and Sheila Barry regarding violation of Sections 2.6.20.1.2,2.6.20.1.5,1.5.6 and 2.1.15 of Ordinances No. 91- 102, as amended of the Collier County Land Development Code. 7 November 5, 2002 8) Recommendation to approve the clearing of Tracts F and G of the of the Sabal Bay Commercial Plat located at the Southwestern Corner of US 41 and Thomasson Drive, bounded on three sides by the C.D.C. PUD (F.K.A. Collier DRI) and on the fourth side by U.S. 41. The total area to be cleared is 1.88 acres. 9) Request to approve for recording the final plat of "Quail West Phase III, Unit Five". 10) Approval of a Budget Amendment recognizing additional revenue in the amount of $683,441 for Fiscal Year '03 and additional revenue in the amount of $190,548 for Fiscal Year '02 to the State Housing Initiative Partnership (SHIP) Program. B. TRANSPORTATION SERVICES 1) Approve Work Order for $453,264.80 for Construction Engineering and Inspections Services by Johnson Engineering, Inc., for Immokalee Road/I-75 Interchange Improvement Project No. 66042. 2) Recommendation to award Bid #02-3406 - Annual Contract for asphalt and related items to Better Roads Inc., Bonness, Inc., and APAC-Florida Inc., for the approximate annual amount of $3,000,000. 3) Approve an Amendment for $108,110 to contract for the construction engineering and inspections services by KCCS, Inc. for Livingston Road Phase II (Golden Gate Boulevard to Pine Ridge Road) six-lane improvements, Project No. 60071. 4) This item has been deleted. 5) Approve a Budget Amendment and Change Order with Better Roads Inc., for median modifications on Airport-Pulling Road in the amount of $20,618.95; Project #60175. 6) Award Work Order No. WD-015 to Douglas N. Higgins, Inc., for Lake Kelly Ditch Improvements (Project No. 51801) in the amount of $264,012.55. 8 November 5, 2002 7) Approve an Easement Agreement and accept an Access Easement which is required for periodic maintenance of the Golden Gate Main Canal under the bridge constructed at 13th Street SW (Project No. 60012), Fiscal Impact $20,100. 8) Recommendation to declare four (4) nuclear testing gauges as surplus and approve the sale and disposal of each nuclear testing gauge as described herein (Bid #S02-3423). 9) Approve a Budget Amendment to establish for the alternative Transportation Modes Department in the amount of $180,500. C. PUBLIC UTILITIES 1) Waive the $500,000 Upper Limit for Contract #02-3359: "Annual Contract for Telemetry Services" and approve the Work Order to Dataflow Systems in the amount of $717,160. 2) Approve funding and authorize the execution of the appropriate contracts for process and capacity improvements at the North County Water Reclamation Facility (Project 73251), in the estimated amount of $529,100. 3) Authorize conveyance of a utility easement to Florida Power and Light Company for the installation of underground electric facilities to serve the North County Water Reclamation Facility (NCWRF) Deep Injection Wells to be located at the NCWRF Property, the cost of which should not exceed $30.00. 4) Approve Staff and Coastal Advisory Committee recommendations to disapprove a TDC Category "A" Grant Application for the installation of a Sand Web System (Porous Groins) along one mile of Naples Beach in the amount of $1,000,000. 5) Adopt a Resolution authorizing the Public Utilities Administrator and the Public Utilities Engineering Director to execute Grant Applications, Permit Applications, Reports and other Documents that pertain to the construction of Public Utility Improvement Projects in Collier County. 9 November 5, 2002 6) 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 1991 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $28.50 to record the liens. 7) 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 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $24.00 to record the liens. 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 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $24.00 to record the liens. 9) 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 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $24.00 to record the liens. 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. Fiscal Impact is $28.50 to record the liens. 11) 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 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $46.50 to record the liens. 12) Approval of Contract S0055 with the Florida Department of Environmental Protection (FDEP) to participate in the Enhanced Small Quantity Generator Pilot Program and necessary Budget 10 November 5, 2002 Amendment in the amount of $20,000. I3) Accept a Utility Easement for Water Mains located within LaPlaya Golf Club Property, at a cost not to exceed $600. 14) Approval of a Second Amendment to Lease Agreement with the City of Naples Airport Authority to extend the lease term for the Naples Transfer Station Property at a first year annual rent of $36,384. 15) Approval of a First Amendment to Lease Agreement with Carlton Lakes, LLC, to extend the lease term for an additional eleven months for a total revenue of $8,400. 16) Approval and Execution for Satisfaction of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal Impact is $6.00 to record the lien. 17) Authorization to execute and record Satisfactions for certain water and/or sewer impact fee payment agreements. Fiscal impact is $33.00 to record the satisfactions. 18) Approve the Satisfaction of Lien Documents filed against Real Property for Abatement and Nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Fiscal Impact is $180.00 to record the liens. 19) Accept a Utility Easement for the construction of a 16-inch Reclaimed Water Main along the Southerly side of Davis Boulevard for Radio Road/Davis Boulevard Project No. 74035 at a cost not to exceed $400. 20) Approve a Work Order for Phase 2 of Project 90527, County-Wide Sand Search, in the amount of $89,805. 21) Approve an Easement Agreement and accept a Utility Easement for the Golden Gate Wellfield Reliability Improvements Project at a cost not to exceed $3,400. D. PUBLIC SERVICES 11 November 5, 2002 1) Authorization to employ a 4H Program Assistant to provide expanded learning for students in Immokalee and to accept funds of $23,370 from a private donation. 2) Approve the Annual 2002 Report of the Collier County Film Commission. 3) Approval to secure a First Amendment to License Agreement with United States Department of Agriculture Natural Resource Conservation Services for the continued use of County-Owned office space at the Collier County Agriculture Center that will net the County a first year revenue of $13,902.45. 4) Approve an Inteflocal Agreement for Advanced Life Support Training between Collier County and the North Naples Fire Control and Rescue District. 5) Authorize two Budget Amendments, the first recognizing Community Development Block Grant Revenue in the amount of $60,000 for the Social Services Department to provide prescription medications to low income residents in Irmnokalee, and the second to reduce the FY03 Social Services Client Assistance Expenditure Budget and increase the General Fund (001) Reserve for Contingencies by $60,000. E. ADMINISTRATIVE SERVICES 1) Approval to utilize State Contracts for purchase of furniture and floor covering over $25,000. 2) Approval of a Budget Amendment to Fund 516, Property and Casualty Insurance, to correct a deficit in Claims Expenditures for FY02. 3) Approve Staff's short list for Architectural Services for the design of the new Fleet Facility, RFP #02-3422. 4) Recommendation to enter into Contract with Rapidigrn, Inc., to provide Information Technology Services pursuant to the 12 November 5, 2002 implementation and maintenance of SAP Financial Management System. F. COUNTY MANAGER 1) Approval of Budget Amendment Report - Budget Amendment #03- 047 for $4,600.00; #03-050 for $24,241; #03-057 for $14,540; and #03-058 for $5,000. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Resolution opposing a proposed amendment to the Florida Constitution which would allow the Florida Legislature to propose amendments to the Miami-Dade County Home Rule Charter. (Commissioner Coletta) I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners endorse the United States Department of Justice/Department of Treasury Federal Equitable Sharing Annual Certification Report. 2) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. K. COUNTY ATTORNEY 1) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcels 118B, 818B 1 and 818B3 in the Lawsuit Entitled Collier County v. John A. Pulling, Jr., Trustee of a Land Trust Agreement dated January 2, 1991, et al, Livingston Road (Pine 13 November 5, 2002 2) Ridge Road to Immokalee Road) Project in the amount of $13,671.65. Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 705 in the Lawsuit entitled Collier County v. Daniel F. Johnston, et al, (Goodlette Frank Road Project) in the amount of $874.18. 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. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. Ae VA-2002-AR-2432, Stan Wittemore, representing W. Belden and Georgelle Bums, requesting a 5-foot rear yard variance from the required 30 feet to 25 feet for property located at 275 Kings Way, further described as Lot 13, Block G, Foxfire Unit 3, in Section 6, Township 50 South, Range 26 East, Collier County, Florida. Be VA-2002-AR-2445, Douglas R. Eaton, PSM, representing Ben Arledge, requesting a variance in the Estates "E" Zoning District from the required 75 foot front setback along NE 33rd Avenue (South Boundary), to allow a 30 foot wide front setback for property located at 4175 33rd Avenue NE, further described as Lot 70, Golden Gate Estates, Unit 67A, Plat Book 9, Page 47 as recorded in Collier County Public Records, Collier County, Florida in Section 21, Township 48 South, Range 28 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 14 November 5, 2002 November 5, 2002 CHAIRMAN COLETTA: Please take your seats. Reverend Donald Roth from the Moorings Presbyterian Church will give the invocation today. Stand, please. REVEREND ROTH: Let us pray. Almighty God, we are here today to do the people's business. May we be humbled in the responsibility given to us as elected officials and citizens. Bless those who hold office in the government of Collier County, that they may do their work in a spirit of wisdom, kindness and justice. Help them use their authority to serve faithfully and to promote the welfare of all the people. May this meeting be conducted in order and civility. We bring this prayer in the name of the God of our mothers and fathers, amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COLETTA: Good morning, ladies and gentlemen. COMMISSIONER FIALA: Good morning, Mr. Chairman. COMMISSIONER CARTER: Good morning, Mr. Chairman. CHAIRMAN COLETTA: Good morning. Item #2A and #2B REGULAR, SUMMARY AND CONSENT AGENDA-APPROVED AND/OR ADOPTED WITH CHANGES AND COUNTY ATTORNEY WEIGEL'S COMMENTS REGARDING AN EXECUTIVE CLOSED SESSION AT THE NOVEMBER 19, 2002 REGULAR MEETING TO BE INCLUDED AND APPROVAL OF MINUTES OF OCTOBER 8, 2002 REGULAR MEETING AS PRF, SF, NTF, D Page 2 November 5, 2002 We'll start off with Mr. Mudd for changes to the agenda. MR. MUDD: Commissioners, good morning. The agenda changes for 5 November, 2002. The first item is to add item 5(A). That's the presentation by the Property Rights Action Committee of the Klamath Shovel and Bucket from the Sawgrass Rebellion to the chairman. The next item is a request by Commissioner Henning to move item 6(A), which is the public petition request by Mr. Kramer regarding information that he gave to the county manager vis-a-vis a fax, to item 11 (A), which is public comment. Commissioners, I have to -- it's the first time that we've ever done this particular kind of issue. Mr. Kramer filed a public petition through the county manager's office. We processed it. It came in in the right amount of time and days, and I basically replied with a letter that said he was assigned a spot during public petition. This would move him from public petition to public comment. CHAIRMAN COLETTA: I understand from Commissioner Henning's comment and the fact that Mr. Kramer is coming back every single meeting with the same issues over and over again, possibly this commission has to address that particular issue as a separate thing, how we handle multi occasions where people are going to keep coming back with the same petition. I, for one, am a little leery to change the established order of things at this point in the game, although I'd like to leave it open for this commission for consideration. How do you feel? Any comments from this commission? If not, we're going to keep with the present order of things. And possibly under comments we can direct staff to come back to us with some alternatives. Commissioner Henning? COMMISSIONER HENNING: Commissioner Coletta, if it's -- I looked at it as the same issues over and over again. It's not wise to Page 3 November 5, 2002 have our staff spending all that time sitting here waiting for them to get to their agenda item. It's not a proper way to spend taxpayers money. If we're going to revisit the issue over and over again, we should give the public the opportunity to do so, but not at the taxpayers' expense. CHAIRMAN COLETTA: Well, it's the taxpayers' expense whether it's the beginning of the meeting or the end of the meeting. But the only concern I have, Commissioner Henning, is that if we're able to take away a person's right to public petition us, then we're taking away one of their fundamental rights. Possibly this commission should direct staff to come back with an alternative for the future, how we can deal with it. Today I kind of hope that the commission will agree that we stay with the present agenda the way it is in the rules as we have outlined them previously in other meetings. Mr. Coyle? COMMISSIONER COYLE: Yes. Mr. Chairman, I think Commissioner Henning has a good point. Perhaps it hasn't been fully explained to the public that Mr. Kramer is a political candidate and appears to be using these appearances to try to get publicity. I do not think that's the appropriate purpose for these kinds of appearances. We've heard these things before. We have considered them. And unless the commission has any decisions to make on these things, I don't know why we need to even hear them at all. CHAIRMAN COLETTA: I agree with you to a point, the fact that this was something that we shouldn't put into policy, but we should be doing this as a policy matter rather than sitting up here just prior to the meeting. We're going to obviously take more time to discuss this than Mr. Kramer's going to demand to have. But I would like to hear -- I've got two commissioners that are looking to move this to the end of the meeting. I personally would Page 4 November 5, 2002 like to keep the established order the way it is. So it's up to you two. COMMISSIONER CARTER: Oh, it is. Well, I'll keep it where it is so Mr. Kramer can make his point, and you can change your policy in the future. COMMISSIONER FIALA: And I agree with Commissioner Henning and Commissioner Coyle. It's -- you know, you keep hearing the same thing over and over, and especially when it's from a candidate. I mean, certainly, he's using this as his bully pulpit. But I have to -- I have to honor your request, Mr. Chairman, and I will side with you as to keep it where it is, but we certainly need to have something-- CHAIRMAN COLETTA: I agree. COMMISSIONER FIALA: -- in place for -- for even repetitive issues, not only somebody running for office, but repetitive issues brought forward each time. CHAIRMAN COLETTA: I think this is sufficient direction to staff so we don't have to bring this back up under comments at the end, that we'd like to see us address this for future meetings. MR. MUDD: The next item on our change list is to delete item 10(L), which is the approval for the recording and filing of a claim of lien for Greenfield Commons for unpaid impact fees at staffs request, and that's because the particular claimant had paid his fees, so we took it off the -- off the agenda. Delete item -- the next item is delete item 10(M), approval for recording a filing of claim of liens for the Homewood residence for unpaid impact fees at staffs request. The board had already acted upon that and gave staff direction to do the filing at a previous meeting. The same is true for the next item, which is delete item 10(O), which is the approval for recording and filing of claim of lien for the Bentley Village for unpaid impact fees at staffs request. Page 5 November 5, 2002 The next item on the change list is to add item 10(P), which is to approve a budget amendment for the dredging contract for Wiggins Pass Emergency Maintenance Dredging, and that will be given to you by Mr. DeLony, the administrator for public utilities. The next item is to move item 16(C)(2) to 10(Q), which is to approve funding and authorize the execution of appropriate contracts for process and capacity improvements at the North County Water Reclamation Facility, and that's at Commissioner Henning's request. The next item is to move item 16(C)(5) to 10(R), which is to adopt a resolution authorizing the public utilities administrator and public utilities engineering director to execute grant applications, permit applications, reports and other documents that pertain to the construction of public utility improvement projects in Collier County, and that's at the request of Commissioner Henning. The next item is to move item 16(D)(4) to 10(S), which is to approve an interlocal agreement for advanced life support training between Collier County and the North Naples Fire Control and Rescue District, and that's at Commissioner Carter's request. And the last item on the change -- change list is to move item 16(E)(4) to 10(T), which is a recommendation to enter into a contract with Rapidigm to provide information technology services pursuant to the implementation and maintenance of the SAP financial management system, and that's at the request of Commissioner Coyle. That's all we have on the change list for today, Commissioner. CHAIRMAN COLETTA: Thank you, sir. I'll start off with Commissioner Carter for any changes. COMMISSIONER CARTER: I have no changes, sir. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. I would like to add that I, too, had requested 16(C)(2) and 16(C)(5) to be pulled and put onto the Page 6 November 5, 2002 regular agenda. I just wanted to make a note of that, please. CHAIRMAN COLETTA: And I don't necessarily want it pulled, but I do have one question that I may pull it if I can't get a satisfactory answer on. 16(G)(4), the SAP financial management system, work order in excess of $25,000, is that true, it has no cap? COMMISSIONER COYLE: 16(E)(4), it's been pulled. CHAIRMAN COLETTA: Oh, it has. Then (G)(4), it's not-- that's the one on the SAP financial management system? MR. MUDD: 16(E)(4) is SAP, and it's been pulled. CHAIRMAN COLETTA: Okay. That has been pulled. MR. MUDD: It's item 10(T). CHAIRMAN COLETTA: Thank you, sir. Then we'll go to Commissioner Coyle. COMMISSIONER COYLE: Nothing. CHAIRMAN COLETTA: And Commissioner Henning? COMMISSIONER HENNING: Nothing. CHAIRMAN COLETTA: Fine. And with that, do I hear a -- COMMISSIONER CARTER: I move for approval of the agenda. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Okay. Before we take a vote on that, Mr. Weigel? MR. WEIGEL: Okay. Thank you. For the record, at the beginning of the meeting I'd like to make my formal request pursuant to the government in the sunshine law of the board for a closed attorney-client executive session to be held at next board meeting, which would be November 19th, here and in your chambers. And I'll be providing to the court reporter for the record a written notice of that request. Thank you for letting me put that on the record. Page 7 November 5, 2002 CHAIRMAN COLETTA: Thank you. Okay. We have a motion by Commissioner Carter for approval and a second by Commissioner Fiala. Any comments? Commissioner Henning? COMMISSIONER HENNING: Do we want to include Mr. Weigel's comments in your request? COMMISSIONER CARTER: Include Mr. Weigel's comments, and also I'd like to include approval of the regular minutes from October 8. COMMISSIONER FIALA: And I'll add that to my second. CHAIRMAN COLETTA: Fine. Any other comments? Hearing none, all those in favor, indicate by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 5-0. Page 8 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING November 5, 2002 ADD ITEM 5(A): Presentation by the Property Rights Action Committee (PRAC) of the Klamath Shovel and Bucket from the Sawgrass Rebellion to Commissioner Coletta. (Staff request.) MOVE ITEM 6(A) TO 11(A): Public Petition request by Jim Kramer regarding information contained in fax request. (Commissioner Henning.) DELETE ITEM 10(L): Approval for the recording and filing of a claim of Lien for Greenfield Commons for unpaid impact fees. (Staff request.) DELETE ITEM 10(M): Approval for the recording and filing of a Claim of Lien for Homewood Residence for unpaid impact fees. (Staff request.) DELETE ITEM 10(O): Approval for the recording and filing of a Claim of Lien for Bentley Village for unpaid impact fees. (Staff request.) ADD ITEM 10(P): Approve Budget Amendment and Dredging Contract for Wiggins Pass Emergency Maintenance Dredging, not to exceed $100,000. (Jim DeLony, Administrator, Public Utilities.) MOVE ITEM 16(C)2 TO 10(Q): Approve funding and authorize the execution of the appropriate contracts for process and capacity improvements at the North County Water Reclamation Facility (Project 73251), in the estimated amount of $529,100. (Commissioner Henning .) MOVE ITEM 16(C)5 TO 10(R): Adopt a Resolution authorizing the Public Utilities Administrator and the Public Utilities Engineering Director to execute Grant Applications, Permit Applications, Reports and other documents that pertain to the construction of Public Utility Improvement Projects in Collier County. (Commissioner Henning.) MOVE ITEM 16(D)4 TO 10(S): Approve an Interlocal Agreement for Advanced Life Support Training between Collier County and the North Naples Fire Control and Rescue District. (Commissioner Carter.) MOVE ITEM 16(E)4 TO 10(T): Recommendation to enter into contract with Rapidigm, Inc., to provide Information Technology Services pursuant to the implementation and maintenance of SAP Financial Management System. (Commissioner Coyle.) November 5, 2002 Item #4A PROCLAMATION RECOGNIZING THE EFFORTS OF THE SHERIFF'S BASIC PISTOL AND FIREARMS SAFETY COURSE- ADOPTFJD first. Moving right on to the proclamations. Mr. Carter you're COMMISSIONER CARTER: Thank you, Mr. Chairman. It's my pleasure to invite some gentlemen forward this morning who are responsible for our Collier County Basic Marksmanship Gun Safety Skills Program. It's a public service, it's a public safety program. Will the gentlemen representing that group please come forward? I know we've got Captain Larry Vaston, retired, we've got Capital William Smith, who is the -- I'm going to call him the gunnery officer. He's the guy that runs the range out there, and some of his associates. All these people are here this morning, and it's my pleasure to ask them to come up here so you can all get a good look at them: You will notice the red shirts and the red caps. That's how, when you're on the firing range, you know these are the people -- right in front of the cameras, guys. You guys are never bashful in class. When you had me there, raked me over -- hey, guys, my turn. You guys are -- these gentlemen are terrific in what they do, and this is a free course. If you're going to own a weapon, learn how to use it. Two things I'll always remember from this course. Number one, what comes out of the end of that weapon, that pistol, you own it, you're responsible for it. Number two, it is better to be judged by 12 than carried by six. So that means if you own a weapon, you better -- if you're going to Page 9 November 5, 2002 use it, you don't have any room to hesitate. What they do is train you on what to do and not to do and really do an excellent job, and I can't thank them enough for how much I learned, and I would encourage anyone that owns a weapon to go through this process. The proclamation reads as follows: Whereas, in this time of heightened home security awareness of private ownership of firearms is an all-time high in this country; and Whereas, since a firearm can be a dangerous tool in unskilled hands, it is incumbent upon the owners to know how to safely handle and maintain these weapons before they are brought into the home; and Whereas, recognizing a need for citizen training in these specific skills, the Collier County Sheriffs Office has instituted a basic pistol and firearms safety course; and Whereas, this program, under the able direction of Lieutenant Wayne Brown, Sergeant Kevin Richards, Retired Captain Larry Vanston, and a cadre of red hat, red shirt range officers teaches citizens of Collier County the basic marksmanship and gun safety skills necessary for intelligent firearms and ownership; and Whereas, this long-standing popular program has imparted these skills onto hundreds of citizens. Now therefore, be it proclaimed that the Board of County Commissioners of Collier County, Florida, recognize the efforts of the sheriffs basic pistol and firearms safety course supervisors and instructors in this worthy endeavor, thereby making Collier County a safer place to work and live. Done and ordered this 5th day of November, 2002, Board of County Commissioners, Collier County, Florida, Jim Coletta, Chairman. Mr. Chairman, I move for approval. COMMISSIONER HENNING: Second. Page 10 November 5, 2002 COMMISSIONER FIALA: I second. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Carter, a second by Commissioner Henning. All those in favor, indicate by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 5-0. (Applause.) COMMISSIONER FIALA: They want you to stay for a photo opportunity. CHAIRMAN COLETTA: Come back up here. COMMISSIONER CARTER: You need this, and we need a photo. MR. STIESS: I'll be in the middle. COMMISSIONER CARTER: That's right. CHAIRMAN COLETTA: Make believe you like each other. Thank you. Did you want to say a few words? MR. STIESS: Kevin would like to. CHAIRMAN COLETTA: Don't fight over the mike. MR. STIESS: Bill Stiess, chief of operations. On behalf of Sheriff Hunter, I'd like to thank the commission for recognizing this fine group of individuals. I would like to say that I am one of them, but I am not. And starting'with retired Captain Vanston in 1981, he had the rigorous duty of introducing me to firearms instruction, and so on. And the other two gentlemen constantly strive to keep me at a high level of performance. They're not doing very well. But thank you very much. And they do do a fine job and they do touch a number of members of the community. Thank you. Page 11 November 5, 2002 COMMISSIONER CARTER: Mr. Chairman, I might add that all these gentlemen do this on their own time. They are not paid for what they do. This is off-duty service to the community, and that's a challenge for all of us who sometimes wonder what could I do. Here is -- here's a group of gentlemen that I think got a tough job to begin with and then give all this other time to make it a safer and better place. So if you own a weapon, you need to go through their school. Thank you. CHAIRMAN COLETTA: Thank you, Commissioner Carter. Item #4B PROCLAMATION RECOGNIZING THE PROFESSIONAL AND VOLUNTEER FIREFIGHTER AND THEIR AGENCIES FOR THF, IR BF, NFJFICIAIJ TRAINING-ADOPTED Commissioner Fiala, you're next. COMMISSIONER FIALA: Yes. Would the representatives for the professional and volunteer firefighters step forward, please. Oh, here's my own fire chief, my East Naples fire chief, Bob Schank. COMMISSIONER HENNING: The one and only. CHAIRMAN COLETTA: He's actually known as Sparks. COMMISSIONER FIALA: Proclamation. Whereas, the professional and volunteer firefighters throughout the State of Florida are an extremely valuable asset in providing for the health and safety of our residents; and Whereas, there is a continuing need for quality training to enable public safety providers, particularly those professional and volunteer firefighters, to maintain their skills; and Whereas, to satisfy this need the Great Florida Fire School was Page 12 November 5, 2002 developed to provide this training in a comprehensive and economical way; and Whereas, Collier County has the privilege of hosting the Great Florida Fire School from November 7th through the 10th, 2002; and Whereas, to fulfill this training need, more than 35 classes have been scheduled at different venues throughout Collier County; and Whereas, more than 150 fire service responders from throughout the State of Florida and neighboring states have enrolled to participate in this training; and Whereas, the Board of County Commissioners wishes to express its gratitude and appreciation to Edison Community College, the State Fire College, and the Collier County Fire Chief's Association for hosting and developing this valuable training opportunity and to sincerely welcome students and guests to Collier County. Now therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, on behalf of the citizens of Collier County, hereby recognize these dedicated individuals and agencies for their efforts in providing this beneficial training. Done and ordered this 5th day of November, 2002. Motion to approve. COMMISSIONER HENNING: Second. COMMISSIONER CARTER: Second. CHAIRMAN COLETTA: Motion to approve by Commissioner Fiala, a second by Commissioner Carter. All those in favor, indicate by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 5-0. (Applause.) Page 13 November 5, 2002 CHAIRMAN COLETTA: Photo opportunity. COMMISSIONER CARTER: Put this on the station house wall. CHAIRMAN COLETTA: Thank you. 250 words or less. MR. STOLTS: I'll be speaking for Chief Schank today. He's a little under the weather in the chest. On behalf of the committee for the Great Florida Fire School, all the independent fire districts within the county, the two city fire departments within the county, Collier County EMS, Edison College, Great Florida Fire School is being presented this year in Collier County, and again next year. We sent out the applications, and the firefighters from across the State of Florida responded. We currently -- I checked the registration yesterday. We have over 200 firefighters that have signed up for the Great Florida Fire School. We're anticipating anywhere between another 25 and 50 before the registration is closed tomorrow morning. We're excited. We've put in a lot of hard work and a lot of time. And we just want to thank the citizens of Collier County and Collier County itself for helping us host and making this one of the best Florida .fire schools that we feel has ever taken place in the state. Thank you. (Applause.) Item #4C PROCLAMATION RECOGNIZING THE GRATITUDE AND APPRECIATION TO THE PARKS AND RECREATION DF, PARTMFNT- ADOPTF, D Henning. CHAIRMAN COLETTA: Okay. Next is Commissioner Page 14 November 5, 2002 COMMISSIONER HENNING: This next proclamation, I would like to call up Marla Ramsey and John Veit from Parks and Rec. Marla and John, are you here? John Dunnuck? John Veit? There he is. COMMISSIONER COYLE: I don't see John Veit. COMMISSIONER HENNING: Okay. We've got a bunch of other guys here. That's great. We'll find out who they are in a minute here. Let me go ahead with this proclamation. Whereas, all of Collier County remembered with sorrow and the renewed sense of patriotism in the tragic event of September 11, 2001, and struggled to find a way to properly honor the occasion; and Whereas, staff of Parks and Recs Department recognized that the American flag is the most profound symbol of our nation united (sic) and graphic expiration (sic) of our dearest value, courage, freedom, and the equality, and conceived of the idea of (sic) emblazon the flag upon the landscaping of Collier County; and Whereas, staff of Parks and Recs Department toiled in sunshine and rain to paint 182 by 400 feet American flag across two soccer fields at the Veteran's (sic) Community Park; and Whereas the complete project was a magnificent tribute to the grave sense of loss and resolve of spirits that attended all American hearts with regards to September 1 lth attacks. Now there -- now for (sic), be it proclaimed that the Board of Commissioners of Collier County, Florida, gratitude and appreciation, extend to the Parks and Recs Department and its staff for creating expressions (sic) of collective sorrow, pride and patriotism of Collier County one year after terrorism attacks of September 11,2001. Done in this order, 5th day of November, 2002. Signed by our chairman. Mr. Chairman, I make a motion we approve this proclamation. COMMISSIONER FIALA: Second that. Page 15 November 5, 2002 CHAIRMAN COLETTA: We have a motion from CommiSsioner Henning and a second from Commissioner Fiala. All those in favor, indicate by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And the ayes have it, 5-0. (Applause.) CHAIRMAN COLETTA: Get right in the center, buddy. Right in the center. There you go. MR. VEIT: I have a couple of words. CHAIRMAN COLETTA: Please do, John. MR. VEIT: What a great honor, and we appreciate this honor that you've given us. The flag painting project came to me in a dream on Sunday night. I suggested it in a staff meeting on Monday morning and received some encouragement. I passed the idea on to my staff, and they were enthusiastic. By Tuesday, there was no way that we couldn't have done it. What began as an indulgence became a mission, and together we saw it through. We chose to paint the flag in remembrance of September 1 lth, 2001, because it symbolizes so much about America. We can see our past represented in the 13 stripes that stand for the 13 colonies, and our present is represented in the union of the 50 stars. And anytime the flag flies unfettered above or heads, it is a shining symbol of the bright furore of this nation. (Spanish interpreter interpreted.) Likewise, the flag's colors symbolize important values to this nation. White signifying purity and innocence, red, heartiness and Page 16 November 5, 2002 valor, blue, vigilance, perseverance and justice. I think the meaning of these colors are especially appropriate regarding September 1 lth attacks; white for our innocence before 9/11, red for the loss of life, and blue for the justice that will prevail. (Spanish interpreter interpreted.) However, while the American flag is a symbol of the greatness of this country, the flag is not what makes this country great. What makes this country great is the hard-working, honest and courageous people. People like the men and women you see here today. On a personal note, I could not be more proud of these men, and I am humbled and honored to work side by side with you. (Applause.) (Spanish interpreter interpreted.) COMMISSIONER HENNING: Thank you. John, will you accept this proclamation, please. Thank you. MR. VEIT: Thank you. CHAIRMAN COLETTA: Possibly you could turn one of these around so they can get a picture of it on the -- COMMISSIONER FIALA: Oh, that's so beautiful. CHAIRMAN COLETTA: Oh, lovely. COMMISSIONER FIALA: Hang it in a place of honor in my office. Whoa, that is so lovely. CHAIRMAN COLETTA: If you can zoom in on that, we'd really appreciate it. Wonderful work, gentlemen. You've made us very proud. COMMISSIONER HENNING: Thank you. COMMISSIONER FIALA: I'd like to shake your hands, if I can. Oh, this is so neat. (Applause.) COMMISSIONER FIALA: Thank you so much for these. John, we're proud of you. Page 17 November 5, 2002 Item #5A PROPERTY RIGHTS ACTION COMMITTEE (PRAC) OF THE KLAMATH SHOVEL AND BUCKET FROM THE SAWGRASS REBEIJJION TO COMMISSIONER COI~ETTA-PRESENTED CHAIRMAN COLETTA: Okay. The next is a presentation to us by the Property Rights Action Committee of Collier County. Cindy Kemp is the president, and we have Mark Gurstell (phonetic) that's here. Would you step up to the podium, please. MS. CAMP: Good morning. My name is Cindy Kemp, and no longer the president, but the founder. CHAIRMAN COLETTA: The founder. MR. GURSTELL: And my name is Mark Gurstell. Eighteen months ago, Property Rights Action Committee was birthed by the people, people who are presenting this shovel and bucket from the Sawgrass Rebellion to you. MS. KEMP: Feeling frustrated, appalled by proposals and plans that would affect our way of life and left to defend ourselves, we took on the job of being a watchdog for property rights. These rights are the basis of all freedoms. For without property, are we not anything more than just a serf tending the land and having no rights? MR. GURSTELL: It's been a struggle to make -- for PRAC to make inroads since we have no big money backer to fund us, as does the Nature Conservancy. Our members are not paid professionals, like Florida Wild Life Federation employees who can spend their time to attend meetings and planning sessions. Instead, we have families and we must devote our time to our regular nine-to-five jobs to pay the mortgages. And lastly, we have no cheerleaders, such as lawyers, organizations, and newspapers supporting our issues and concerns. Page 18 November 5, 2002 But now, 18 months later, since the Sawgrass Rebellion, things have changed. MS. KEMP: We have gotten the attention of the nation. Imagine that. A small band of property owners in Collier County having the spotlight shined on them. We have been written about in major dailies, posted and sent around the world on cyberspace, and what a joy talk radio is to hear caller after caller supporting PRAC and the Sawgrass Rebellion. MR. GURSTELL: In July, 2002, representatives from property right groups across America met in Tennessee at a meeting called Freedom 21. When the issue of the concerns of South Florida, such as the TDRs, ROMA (phonetic), reflooding of southern Golden Gate Estates, Everglades restoration, the flooding of the 8.5 square mile, and the green space tax were described, it was then decided that a massive outpouring of support would take place in South Florida. MS. KEMP: Well, we all know the saga of the permitting fiasco of the Sawgrass Rebellion, so I will not prolong this presentation with those details. However, the Sawgrass Rebellion had to happen. The rest of the country was staring at Collier County, along with property owners across this constitutional republic who are ready to come to our aid and support property rights here. Farmers, ranchers, loggers, fishermen, Amish, Mennonites, veterans, and regular families formed three separate convoys to trek across America, stopping in towns and cities along the way to Naples to tell their story of how their property, livelihoods, and way of life were being taken away, and to be welcomed by governors, senators, and Congressmen, mayors, county commissioner, and fellow Americans. MR. GURSTELL: Our big shindig is still in the waiting. So you see, we have big plans, and the energies and determination of PRAC will continue. Page 19 November 5, 2002 So at this time, I would like to thank all the people who helped to make the Sawgrass Rebellion a reality in Collier County and present Commissioner Coletta with a genuine Klamath bucket and shovel. MS. KEMP: This bucket is a symbol of the holding back of water for a suckerfish to over 1200 farm families that were destroyed and resulted in six suicides in Klamath, Oregon. The decision to turn off the water was later proven false by the National Academy of Science. It is also symbolic of the thousands of acres in Darby, Ohio's Amish .and men in knight communities whose lands were once deeded them as compensation for revolutionary war soldiers and handed down, generation from generation, but were taken from them for preservation. The shovel is symbolic of the road access that was shut off to recreationalists in Nevada only to be dug out by Americans who would not allow their Fifth Amendment Rights to be violated. I know these folks would love to be here to personally present these gifts to you, but, of course, time and distance will not allow them. They send their love and admiration for welcoming them to Naples. I would also like to thank Jim Mudd for his assistance and leadership. We look forward to working with you in the future. And if I have failed to mention any others, please forgive me. It is not intentional. I would also like to present each commissioner a packet that I have prepared with pictures and articles of the Sawgrass Rebellion and some information that I hope will make you more aware of PRAC's concerns. So, you see, we are a united group across the United States of America, and we will be supporting our fellow Americans concerning property rights and waiving our "don't tread on me" flags. Thank you very much. Page 20 November 5, 2002 CHAIRMAN COLETTA: Thank you. (Applause.) CHAIRMAN COLETTA: Well, this is a time that will befall all us commissioners at one time or another. Commission Carter, would you please come up here to the podium with me. It's with grateful appreciation to James Carter, Dr. James Carter, Collier County Commissioner, for serving residents in District 2 and all citizens of Collier County from 1998 (sic) to 2002. And I'm going to read you this short quote from Theodore Roosevelt, which seems to fit the situation perfectly. It is not the critic that counts, nor the man who points out how the strong man stumbles or where the door -- the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena whose face is marred by the dust, the sweat, again and again, who knows the great enthusiasm, the great devotion and spends himself in a worthy cause, who at best knows the triumph of high achievement, and who, at the worst, if he fails, at least fails while daring greatly so that his place shall never be with those cold and timid souls who know neither victory nor defeat. Commissioner Carter, it's with the greatest of pleasure. (Applause.) COMMISSIONER CARTER: Thank you. I thought this might be easy. First of all, Mr. Chairman, my fellow Commissioners, this management team, employees of Collier County, I want to thank you. I'm truly touched by your presence this morning, for the opportunity to thank you for the opportunity to serve. I would like to, most of all, recognize my spouse, Dr. Jane Carter, who is right behind me. I want her to stand, because this lady stood with me in the campaign, she stood with me through office. Page 21 November 5, 2002 We've been together for 32 years, so really, this award belongs as much to her as it does to me. CHAIRMAN COLETTA: Oh, how beautiful. (Applause.) COMMISSIONER CARTER: I can truly say it's been a pleasure to serve. It was passion that pulled me into this job because I truly believe that those of us who sit in these chairs want to make a difference. And along the way when you come to this job, you find out hoTM much you don't know. And some young ladies standing against this wall are the reason why commissioners are so successful. COMMISSIONER FIALA: Yes. COMMISSIONER CARTER: First of all, I want to recognize my associate, Trisha McPherson. We started the job together, we grew together. And I will tell you, without her, I never could have been as accomplished in what I was trying to do without her. So Trisha, I thank you very much. For Ms. Filson, the leader of this fine staff that works with the Board of County Commissioners, I have to tell you, they make us proud. They help us get the job done, which is one that is tough. I've taken great pride in being a county commissioner. And as I look back, the people asked me, they said, what did you do? And I looked at -- the first thing we took on is we did a sign ordinance, and we really stopped visual pollution in this county. And everywhere I go, I begin to see the benefits from that. We've got community character that we implemented to improve what we look like as a county from our streetscaping, to our signscaping, to the development of communities, to overlays, and Naples Park will be one that I will always be proud of as they begin this journey to develop and find out what they're really like as a community and what they want to look like in the furore. The growth management plans, to all the stakeholders, to Page 22 November 5, 2002 everyone that works so hard to give us the rural lands, the rural fringe, and to get us to the urban infield. And the bottom line is that we stopped urban sprawl in this county, and we are a model, not only for Florida, we're going to be a model for the country. We had a water symposium last year to save water and to save energy. And this was like an incubator, because between government and the private sector, we now have a not-for-profit organization that is expanding and growing and will be a name that people will recognize in the years to come. We have plans in place for a road infrastructure and county utility plans for the next 15 to 20 years, and this board had the courage not only to approve those, but to pay for them, and that makes me proud to stand tall with this group. It's not been easy on this Board of County Commissioners. We hit rock bottom in about mid 2000. People were ashamed of the Board of County Commissioners, they were ashamed of government. It was pretty tough for all of us to walk around this community without somebody saying and making very derogatory remarks about us. But the good news is, we have turned it around. I have worked with nine different commissioners, I have worked with three county managers, and we are on that road back, because we started that in the fall of 2000. And we had the county management, we had Board of County Commissioners, we had dedicated professional employees, and we can now walk through this community with our heads held high and say we work for county government. This is a great place to live and to be. And what I learned in this process was a great quote from a book reCently that I read, and it said, the biggest men and women with the biggest ideas can be shot down by the smallest men and women with the smallest -- with the smallest minds. Think big anyway. Stand tall and make tough decisions. Boy does this board do Page 23 November 5, 2002 this. I've been proud to serve here and do that. And I will tell you, nine out of 10 times, we'll make the right decisions. And the time that you don't will you get blistered by it. There's no question about that. But remember, we can't make all the right ones, but we really work hard to make them right and do the best that we know how for this community. We have formed community alliances, and we have met these challenging issues by promoting mediation. And you'll soon find out, as I have found out in politics, who are your false friends and true enemies. It doesn't take long to figure that one out. The other thing is, remember that every commissioner, all of us need to communicate by every means that we can. We have a lot of tools in that toolbox, and we were elected by you and not the media. We are answerable to you and not the media. That's our job, and I know that we will continue to stand tall and do that. And everyone, I think, needs to remember that a county commissioner is just like you, lives in the community, drives the same roads, depends on the same services, shops in the same places. And like you, it's a person who has chosen public service to help make Collier County a better place to live. In the end, we're all trying to survive. We're trying to do the best that we can with some sort of dignity along the way. Help each other. Help each other. God bless you. God bless America. (Applause.) Item #6A PUBLIC PETITION BY JIM KRAMER REGARDING FEES FOR NONCONSENT TOWING AND STORAGE OF VEHICLES- DISCI ISSF, D Page 24 November 5, 2002 CHAIRMAN COLETTA: All right. Now we're at the public petition part of our agenda. And Mr. Kramer, you're first. MR. KRAMER: Sue, could you pass these out. Good morning, Commissioners. My name is Jim Kramer. I'd like to talk to you about the enforcement of county regulation 99-38. That's the fees for nonconsent towing and storage of vehicles ordinance, particularly sections 6(A) and (B). After the last meeting I requested three videotapes. One for 10/22, which was the last meeting, one for 3/12 and one for 2/12. This is what's -- partially what was said during those commission meetings. Tom Henning, quote, Mr. Kramer, please, if might have a moment. I reviewed this last week, last Friday. I contacted the mayor and told her what we are going to consider. I faxed this information over to her. Looking at it and getting some advice from people who are in the towing business, who thinks cames (sic) out. Yes is -- yes, the towing people think that you were overcharged. The second thing that was noticed, that it was in the City of Naples. One of-- well, Mr. Nagy is on their towing list. I felt that -- or I feel that in talking with the mayor, she agrees that the City of Naples, it's in their hands to help you resolve this issue. If you take a look at it, I'm sure you didn't call Nagy Towing. It was the Naples Police Department who did that. And like you say, they are not on our preferred list. So I think your best opportunity to have resolution is to go to the city manager's office or the mayor's office to see if you can get some restitution in this, unquote. Jim Kramer, quote, I will do that, sir. I was told that the county ordinances covered the towing business and that three violations, which I believe have taken place, will get him removed from the Page 25 November 5, 2002 ability to do business. And so yes, sir, I will contact the city, although they referred me to you, unquote. Tom Henning, quote, right. And the mayor has talked to the city manager and I think they are going to take a look into it, but I appreciate you bringing this to our attention, unquote. Jim Kramer, thank you. Commissioner Coletta, thank you, sir, and thank you, Commissioner Henning, for going the extra mile to research that. Commissioner Henning, quote, it's my yob (sic). Chairman Coletta, your yob. This is from the March meeting. Jim Kramer, quote, I was there a month ago, gentlemen, on a towing overcharge. I had gone to the city. They had recommended that I come to you. I presented the same that I presented to you at the city. They now send me back to you with this comment. The violation of the county ordinance and the violation took place on county property; therefore, I have to get your code enforcement to cite these people before the city can do anything about removing them. That's it. Chairman Coletta, thank you. Dr. Carter, Mr. Kramer, I can understand your frustration. ProbablY government at its worst. Mr. Olliff, could you speak with the mayor and find out if some simple thing like this couldn't be resolved without a person running back and forth between two government bodies taking up a lot of people's time and get something resolved which I think is rather simplistic, unquote. Tom Olliff, quote, I will personally take this one on, Mr. Chairman, unquote. Dr. Carter, thank you. Tom Henning, and I'm sorry for the misunderstanding possibly Page 26 November 5, 2002 between myself and the city on this issue. I Was told one thing and obviously -- This is from the last meeting on October 22nd. Tom Henning, quote, sir, I would recommend that you pay your bill and move on, unquote. Jim Kramer, quote, I have paid the bill, sir, unquote. Tom Henning, okay. What's your last item, unquote. We have these videotapes queued up if you would like to see them. You know, what I want is the enforcement of this ordinance. That's it. CHAIRMAN COLETTA: That's it, sir? Has anyone got something they want to be quoted on? No, Jim, we hear you. I know it's frustrating as anything to try to bring resolution to something like this. And I, frankly, don't have the answer. You're caught between two political entities. Maybe Mr. Weigel might have something further to add. MR. WEIGEL: A little bit, thank you. Mr. Kramer knows, and he's been in contact with our office. Over a period of time our office has worked very closely with Mr. Danny Schryver, legal county counsel to the sheriff, and we have with him, with them, prepared some amendments to our current ordinance which will clarify some of the responsibilities of the towing companies that are on anybody's list as far as that goes. And so, whether you work through this public petition or at another point, our office is prepared at your authorization to advertise and bring amendments to our towing ordinance back to this board for consideration. Now, that's separate and apart from the fact that the county may or may not have the ability at this point, and I tend to say may not have the ability, for any refund from the towing company with Mr. Kramer. But there are some aspects and clarifications that the sheriff felt, as we approached him, that could be of assistance for future Page 27 November 5, 2002 administration of this ordinance. So from that standpoint, if you give us the nod, we'll bring it back to .you in, probably two meetings away. COMMISSIONER HENNING: I would like to see the amendments prior to bringing it back. MR. WEIGEL: That would be great. I will share them with you. I look forward to do that. Thank you. CHAIRMAN COLETTA: Your persistence, Mr. Kramer, I think, is going to be paying off shortly. MR. KRAMER: Thank you, Mr. Chairman. I do have three more minutes and two more sections to my public petition, one of which we have decided to drop. It has to do with the swimming pool ordinances, and we're going to leave this for a future agenda. The third one has to do with the recommendation to staff for a study of the feasibility of the consolidation of the independent fire districts into a unified county-wide department of fire and emergency services, parenthesis, based on millage rate differences within PUI -- PUDs and DRIs and the expected growth to buildout. At the last meeting it was recommended that I take this to the fire chief's meeting, which I did. I spoke to Fire Chief Schank, and they agree with me that there is some problem in PUDs such as Grey Oaks where three quarters of the Grey Oaks PUD is covered by one fire district, and another fire district with another millage rate covers the other quarter. I think that with a unified district we could have better service. That's it. CHAIRMAN COLETTA: Thank you very much, Mr. Kramer. MR. KRAMER: You're welcome. Item #6B Page 28 November 5, 2002 PETITION BY ANGELA ROBINSON TO DISCUSS NAPLES JAYCEES JULY 4, 2003 FESTIVAL AND FIREWORKS DISPI.AY-APPROVFJD CHAIRMAN COLETTA: The next public petition is by Angela Robinson. MS. ROBINSON: Good morning. CHAIRMAN COLETTA: Good morning. MS. ROBINSON: For the record, I am Angela Robinson, president for the Great Naples Jaycees. In attendance with me this morning, I have Matt Campbell, who is a member and regional director, and we also have a senator, Lisa Douglas, past president and current first lady for the Florida Jaycees. I'd like to take a moment and recognize and personally thank County Manager Mudd for his current support to our organization, to our haunted house. Thank you very much. I appreciate that. With your continued -- can you hear me? I feel like I'm not in the mike. With continued support, I'm proud to announce that Naples Jaycees are currently the number two chapter in the nation. CHAIRMAN COLETTA: Oh, wonderful. (Applause.) MS. ROBINSON: We will hopefully be number one in the nation within the next two weeks, and we'll find out in the next two weeks. That's my goal. We have a donation to the county government complex, and at this time, Mr. Coletta, would you please come forward, and, Mr. Mudd, would you come forward also, please. COMMISSIONER FIALA: Oh, that's beautiful. Wow. Did somebody make that? MS. DOUGLAS: No. These are -- it's a fund-raiser that we do, and -- so we have them on sale for $52, for anybody that wants to Page 29 November 5, 2002 purchase one. We thought it would be a great donation to the county government complex. We've given one to the city already, so -- COMMISSIONER FIALA: We could hang it on a wall or something. MS. DOUGLAS: Yes, exactly. MS. ROBINSON: There's probably still staples in it, too. With our Jaycee community blanket, we hope this will bring a touch of Naples to the halls of this government center, and thank you for your continued support. CHAIRMAN COLETTA: Thank you very much. MS. ROBINSON: Thank you. At this time we'd like to direct your attention to the screens for our sixth annual July 4th festival and fireworks display proposal. I'm not going to read this word for word, but what are Jaycees? Jaycees are a leadership training organization. We consist of young adults from 21 to 39-year-olds, and our focus is community service in our local area. We have been in Naples for over 40 years. Past, present and Jaycees in your community, they consist of the person standing next to you right now or sitting next to you right now, possibly the person in the grocery store checking out in front of you, commissioners, senators, firefighters, sheriff's office, restaurant managers, school teachers, bank execs., and much more. MR. CAMPBELL: In 1998 the Naples Junior Chamber hosted the first July 4th festival at Sugden Regional Park. Th'e Collier County Parks and Recreation were one of many sponsors, and we appreciate all the support they've given us since then. In 1999, we continued the tradition. The event brought over 5,000 people in to celebrate the nation's birthday. The Board of County Commissioners and the Collier County Parks and Recreation were listed with over 48 different sponsors. In 2000, 2001, and 2002 we celebrated in a big way. The event Page 30 November 5, 2002 brought over 10,000 people to the celebration. The Board of County Commissioners, the Collier County Parks and Recreation were listed with over 60 different sponsors. Over 50,000 people have been exposed to the park because of the July 4th festival. The Naples Jaycees wishes to exclusively present the 6th annual Naples Jaycees 4th of July festival and fireworks display to be held at the Sugden Regional Park on July 4th, 2003. MS. DOUGLAS: As you can imagine, the 4th of July is a time to celebrate with our families and our community. And this event was designed to do that and bring unity to our community, and what big day best possible than on the 4th of July? The 4th of July next year falls on a Friday, so we're really excited about the potential of increasing the participation at the festival along with showcasing one of the most beautiful parks in Collier County, Sugden Regional Park. The plan is to have the festival begin at two p.m., which is a change from last year. We opened at noon last year. We kind of saw a delay of people in that two-hour period. And we've looked at that over the course of the last five years and think that changing it to two p.m. is probably a better fit for people that want to celebrate inside the park before we actually open and also to our benefit of not having 40 members out there in the heat of 12 o'clock to two with not very many patrons. Again, we will be providing free shuttle service from the Collier County Government Center with Gulfcoast Skimmers on the lake and a fireworks display provided by Sunset Fireworks out of St. Louis, Missouri. MS. ROBINSON: Activities will consist of carnival rides, games, we have clowns for face painting, we put our own games together, jugglers, live entertainment. We have usually about five to seven bands that come in and play for hour segments, and, of course, Page 31 November 5, 2002 the Gulfcoast Skimmers, as First Lady Lisa mentioned. And the fireworks will be hosted over a radio station and -- with a live remote. They are synchronized to music, and music starts at nine o'clock. The show generally starts around nine o'clock. Our goals listed, to hold the July 4th festival and have 10,000 people attend the event, to secure 30,000 in kind from local radio and television stations, to raise money -- to raise money for an August back-to-school shopping spree, to raise a total of $50,000 for the overhead cost of the festival, to raise $30,000 for the fireworks display, to promote the Naples Junior Chamber of Commerce Organization and recruit five new members. You can see here, 1998, '99, 2000, 2001, 2002, 25,000 each. These were our costs; 1998 started at 40,000; '99, 65 -- I'm rounding them all off because I know you can read them -- 2000 was 81; 2001, 78; and 2002, 71. MR. CAMPBELL: At this time we're asking the county commissioners to waive the following fees: We'd like you to waive the park rental fee of $800, sign permit fees of $75, and the special event permit of $75, gold sponsor the event with $25,000. We're asking for a total of $25,950. The 2003 proposed budget for the fireworks -- or for the Jaycees cost is approximately $80,000. With your support, we want to provide the best fireworks display in the county. We want to support the community, having an August back-to-school shopping spree for underprivileged children. We want to say thank to the citizens of Collier County for their support of the Naples Jaycees and their projects throughout the year. We want to have more residents exposed to Sugden Regional Park. MS. DOUGLAS: The winners of this event are the Board of County Commissioners, Collier County Parks and Recreation, Naples Jaycees, the community, the children, and the families that participate at Sugden Regional Park every year. Page 32 November 5, 2002 MS. ROBINSON: On behalf of our 230 members, I wish to thank you for your time and your continued support of our Jaycees community projects. CHAIRMAN COLETTA: Thank you. Commissioner Coyle? COMMISSIONER COYLE: Mr. Chairman, I'd like to make a motion that we accept this petition and place it on a regularly scheduled agenda so that we can make a decision. COMMISSIONER HENNING: I'll second that. CHAIRMAN COLETTA: So we have a motion from Commissioner Coyle, a second from Commissioner Henning. Any other comments? MR. MUDD: Mr. Chairman, before you take the vote, just know that $25,000 is budgeted in the Parks and Recreation budget, so -- it's fund 111. CHAIRMAN COLETTA: Okay. Fine. COMMISSIONER FIALA: I'm in agreement. CHAIRMAN COLETTA: Okay. Hearing no-- I see Commissioner Fiala's finger posed over the button, so I was waiting to see if she was going to push it. Hearing no other comments, I'll call the question. All those in favor, indicate by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 5-0. Thank very much. MS. ROBINSON: Thank you very much. COMMISSIONER FIALA: Could I ask if I could buy one of those blankets? Page 33 November 5, 2002 MS. DOUGLAS: Yes. Actually, we have a box that we have to go pick up today because we've sold as many as we possibly can, so we keep them in storage, so we'll be picking them up, and I can bring back one later this afternoon. COMMISSIONER FIALA: I'd love that, thank you. MS. DOUGLAS: That would be great. CHAIRMAN COLETTA: What's the price of it, so that the public -- MS. DOUGLAS: Fifty-two dollars. And the money actually stays right here in Collier County. That's one of the things that funds are -- Easter basket and the May -- actually January through May projects, so we have Easter baskets and some of the other things. CHAIRMAN COLETTA: And for public television, would you give your name and telephone number, and say it very slowly. MS. DOUGLAS: Thanks. Anybody that wants to purchase one of those or annual Jaycee coupon book can call the Jaycees hot line at 263-3353 and somebody will return their call. COMMISSIONER COYLE: And the price again? MS. DOUGLAS: The blankets are $52, and our annual coupon books are $20. COMMISSIONER FIALA: And bring two of them to me. MS. DOUGLAS: I will. CHAIRMAN COLETTA: Thank you. COMMISSIONER CARTER: Taking orders right here. Mr. Chairman, I want to take this opportunity to thank the Jaycees. I am just so impressed and proud of this group. Two hundred and sixty members; is that correct? When I was president of the Waukegan Jaycees more years than I want to disclose ago, I think we had 60 members. So you are to be commended for what you're doing for this community. And I am proud to be here and listen to what you have to say this morning. (Applause.) Page 34 November 5, 2002 MS. ROBINSON: Thank you. MS. DOUGLAS: We're so are proud too, and I expressed this personally to Commissioner Carter before the meeting started. But on behalf of the chapter, and certainly on behalf of the Florida Jaycees, your leadership has been exemplary, and we are very proud to say that you're part of our community and led the commission for the last nine years and making things happen, so we appreciate that, and we're going to miss you dearly. COMMISSIONER CARTER: Thank you. CHAIRMAN COLETTA: Thank you. Item #4D PROCLAMATION REGARDING CHILDREN'S HOME SOCIETY OF SOl ITHWEST FIJORIDA-ADOPTED Before we go on to the rest of the agenda, we have one more proclamation. Due to an oversight, it didn't get turned in to the commissioners for previous review. But it's from the Children's Home Society of Florida, and I'd like to read it to you at this point in time, read it into the records for the commission's consideration. Would Roseanne Alberto, Albertio -- MS. ALBERTERIO: Alberterio (phonetic). CHAIRMAN COLETTA: -- Alberterio please come forward, and all the members of your group. Whereas, Children's Home Society of Florida provides effective solutions to build and support healthy families for Florida children; Whereas, Children's Home Society of Florida is a not-for-profit organization and one of Florida's oldest and largest statewide private social service agencies for children and families at risk of abuse or neglect;. Whereas, Children's Home Society of Florida is accredited and Page 3 5 November 5, 2002 sets the highest standards for service delivery to children and family; Whereas, Children's Home Society of Florida court program includes special needs adoption, preadoption foster care homes, child abuse and substance abuse prevention and intervention, developmental disabilities and health family services -- healthy family services; Whereas, coll -- whereas, Children's Home Society of Florida is celebrating its centennial year in a legacy of offering responsible, high-quality service to more than 100,000 children in families statewide, recognizes -- we recognize the Children's Home Society of Florida for their ongoing commitments of embracing children and inspiring lives. Signed this day, Chair, Commissioner James Coletta. COMMISSIONER HENNING: Motion to approve. CHAIRMAN COLETTA: Motion to-- COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion to approve by Commissioner Henning and a second by Commissioner Fiala. Any discussion? Hearing none, all those in favor, indicate by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 5-0. (Applause.) CHAIRMAN COLETTA: Would you like to say a few words? Oh, we need you up front here for just a moment. And if you could, for a group photo, group yourself in whatever order you think's appropriate. Thank you. MS. ALBERTERIO: Good morning. Good morning, Page 36 November 5, 2002 everybody. On behalf of Children's Home Society of Florida, southwest division, we're honored to be here today. Children's Home Society has been building families in Florida for a hundred years this year, so we're very proud of our centennial year. We have been building families through adoption for over 30 years in Collier County, and for three years now, we have the healthy families program in Immokalee, which is a very important, intensive child abuse prevention program where we're very rooted in the community. It's a grass-roots social work model. We are co-located with the health department in Collier County. We're very proud to be there. I think we're doing very important work. Thank you for having us this morning. I really believe that Children's Home Society, that our staff-- and we speak -- we have five languages represented here, but I thought that would take too long if we did this in five languages. We're very proud. We want you to know more about what we do. We'd love to show you what we do in Immokalee. Anytime you're out there, please, we'd love to take you on a home visit and show you how we really positively impact families in that community, and are doing true grass-roots child abuse prevention work. We're doing everything that we can to prevent serious things from happening down the road with families, so I think it's an important service and that we're helping Collier County be a better place. Thank you. COMMISSIONER FIALA: Thank you. CHAIRMAN COLETTA: Thank you very much. (Applause.) Page 37 November 5, 2002 Item #8A ORDINANCE 2002-55 REGARDING PUDZ-2001-AR-798, TIM HANCOCK, AICP, OF VANASSE DAYLOR, LLP AND R. BRUCE ANDERSON OF YOUNG, VANASSENDERP, VARNADOE AND ANDERSON, P.A., REPRESENTING BALDRIDGE DEVELOPMENT, INC., REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL AND "A" RURAL AGRICULTURAL WITH "ST" SPECIAL TREATMENT OVERLAY TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE BALDRIDGE PUD FOR A MAXIMUM OF 125,000 SQ.FT. OF RETAIL AND GENERAL COMMERCIAL USES FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF PINE RIDGE ROAD (CR896) AND LIVINGSTON ROAD, CONSISTING OF 16.8 ACRES-ADOPTED WITH CHANGES CHAIRMAN COLETTA: Now on to the advertised public hearings. The first one is 8(A), which is Baldridge Development requesting a rezone for the intersection of Pine Ridge Road and Livingston Road. I'm going to ask for all those that wish to participate to stand at this time to be sworn in. (The witnesses were sworn in.) CHAIRMAN COLETTA: Thank you. And I'll ask for the commissioners to declare if they have anything to declare, starting with Commissioner Carter. COMMISSIONER CARTER: Yes. I have met with the petitioner. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: No. CHAIRMAN COLETTA: I -- on this one, too, I met with the petitioner. Page 38 November 5, 2002 Commissioner Coyle? COMMISSIONER COYLE: Nothing to disclaim. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER FIALA: -- is this Bob Duane? COMMISSIONER COYLE: COMMISSIONER FIALA: Oh, wait a minute. I did meet with No. Robert Duane, no? Okay. COMMISSIONER HENNING: I met with staff, Commissioner Coletta. CHAIRMAN COLETTA: Thank you. MR. REISCHL: Good morning, Commissioners. Fred Reischl, planning services. This is a request for a rezone from agricultural and agricultural with an SD overlay to PUD as you can see on the visualizer, in the southeast comer of the intersection of Pine Ridge Road and Livingston Road. COMMISSIONER FIALA: I'm sorry. I did -- I did meet with Brace Anderson. Okay. CHAIRMAN COLETTA: Commissioner Fiala just wanted to clarify for the record that she did meet with Bruce Anderson on this particular item. Please continue. MR. REISCHL: The parcel is 16.8 acres, and it's currently occupied by a golf driving range. The proposed PUD is for commercial uses. The maximum of 125,000 square feet of office and retail uses. Those uses are generally compatible with the C-4 district. The PUD is consistent with the Growth Management Plan because of the Livingston/Pine Ridge commercial infill subdistrict, which was approved by the board, and this PUD was reviewed with those criteria and has met those criteria. The Environmental Advisory Council heard this petition and recommended approval unanimously. The planning commission Page 39 November 5, 2002 heard this petition. They changed some of the uses, deleted some, modified some, and had some changes to the transportation section, which were approved by our transportation services department, and they recommended approval, 8-0. County staff, planning services staff recommends approval. Just to note for the record that since the planning commission heard this, there were some, I guess, housekeeping changes by myself and the county attorney to make things legally sufficient, but no substantive changes to the PUD since the planning commission, and staff recommends approval. CHAIRMAN COLETTA: Okay. We've got Commissioner Henning with a question first, then Commissioner Fiala. COMMISSIONER HENNING: What are the uses in this PUD? I was confused by it saying general C-4 uses, and what I seen was retail uses, so I'm not sure what is allowed. MR. REISCHL: Well, it's office and retail. They include -- if you want me to go through the whole list, I can. I can just pick a few. Service stations, apparel stores, communication, restaurants, food stores -- COMMISSIONER HENNING: Is that in our agenda packet? MR. REISCHL: Yeah. COMMISSIONER HENNING: The uses? I didn't -- I'm sorry. I didn't see them. MR. REISCHL: That's in the PUD document itself. COMMISSIONER HENNING: Okay. Behind there, there's a preserve -- MR. REISCHL: Yes. COMMISSIONER HENNING: -- on the south side? So the only thing in this preserve is going to be trees and animals? MR. REISCHL: It's -- the preserve was at one time larger. There is a -- in the infill subdistrict there was the opportunity to connect -- this pink on the map is a possible road to connect with the Page 40 November 5, 2002 other properties that abut it to the east. That road will not be constructed unless necessary for the interconnection with the properties to the east. Right now the properties to the east -- or the property to the east is a single-family home and nursery, and there's no need to connect now. But the preserve is south of that future road, and that road basically will act as a preserve until such time as it's constructed. COMMISSIONER HENNING: Okay. So there's no -- because I seen some information in here, looked like the Brynwood Preserve, which is to the south that's under construction. MR. REISCHL: And their preserve abuts the preserve of this PUD, so the two preserves abut each other. COMMISSIONER HENNING: Okay. The traffic study within the -- with our agenda packet had examples of shopping center, fast food, banks and pharmacy. The -- we're seeing that it has other uses. Were those other uses applied to the traffic study? MR. REISCHL: I'll let transportation speak to that, but I believe that they go with the most intense uses and do the study based on the most intense uses. Mr. Garcia's here to address that. MR. GARCIA: Good morning. Gregg Garcia, transportation planning, Collier County. The trip generation report has certain classifications within it, and we use the most intense of those classifications. They may not give a breakdown to the extent of what may be allowed on a particular PUD and Land Development Code and other books relevant to those type of various usages. What they submitted was a shopping center. That's really the most intense of all of them, with the exception of maybe the drive-through bank. COMMISSIONER HENNING: Okay. Mr. Garcia, while you're there, the trip generations, do you feel comfortable that the Page 41 November 5, 2002 percentage that was applied is sufficient? MR. GARCIA: That which was used was discussed in the methodology when Don Wolfe was here, and they followed the directive that they were given at that time. COMMISSIONER HENNING: Okay. I'm not sure if that really answers my question. MR. GARCIA: Well, based on what their methodology agreed to, yes. COMMISSIONER HENNING: Okay. MR. GARCIA: I'm comfortable with what they provided. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. I felt a great deal of satisfaction that transportation had gone through this so thoroughly and made sure there was interconnectivity. I felt also a great deal of satisfaction that the Environmental Advisory Council and the CCPC, the planning commission, also studied this thoroughly and came up with the recommendation for approval. Is there a downside to this? Is there something that -- I don't see the downside, so I'd like you to tell me. I read through it and couldn't find any. MR. GARCIA: Based on the information that -- provided and that which was agreed upon, no, ma'am. COMMISSIONER CARTER: Mr. Chairman, do we have speakers? CHAIRMAN COLETTA: We've still got a couple commiSsioners here speaking on the subject a little. We'll go to -- we'll go to the speakers. But do we have any? I guess that's the question. MS. FILSON: Yes, Mr. Chairman, we have two. CHAIRMAN COLETTA: Thank you. Sorry I didn't answer Page 42 November 5, 2002 that more directly, Commissioner Carter. Commissioner Fiala, I didn't mean to interrupt you. COMMISSIONER FIALA: That's all right. He answered my question. CHAIRMAN COLETTA: I have some concerns over Livingston Road. I understood it was supposed to be a limited access road. All of a sudden I see several cuts going into it. Is this the best interest of the public? MR. GARCIA: Well, there was a court order, or an agreement that was reached relevant to this. It indicated in the language -- it could be interpreted any number of ways -- as directional into the site; however, if you look at the current access management policy, even though it indicates that it's supposed to be controlled on this particular roadway, it does identify it as a three, and a three does allow for a full median opening at a quarter mile. CHAIRMAN COLETTA: I don't think that's the -- I may be wrong, but I don't think it's the intent of this commission to have this road opened up to the point that we're going to have Livingston Road turn into another Airport. MR. FEDER: For the record, Norman Feder, transportation administrator. Commissioner, I agree. The board took specific action to establish Livingston Road as well as 951 later as controlled access. Controlled access is typically access class two, which would say that you only have directionals a quarter mile fall (sic), which will probably end up signalized eventually at half mile. This represents a quarter mile at the southern boundary. First of all, this is a PUD. At the time of PUD we should not be establishing access points. As was already pointed out that the number of uses that could be made of the property, we don't know what the background tract will be when it gets built. So we don't know when, we don't know exactly how on the site, we don't know Page 43 November 5, 2002 exactly what will get built. That's the nature of the PUD decision. And with that in mind, they should only be conceptual, first of all, to begin with. Median openings are an issue that get treated at the time of actual permit. In that case, we will have resolved probably any issue of discrepancy we have between board's action to make this controlled access, and the action remains in policy. But I'll also tell you, the stipulated agreement provided for a directional at that point, not necessarily the four openings as depicted here on the PUD. CHAIRMAN COLETTA: Mr. Feder, would it be possible, do you think, that the -- probably I should ask the petitioner -- if they would include that language, that this is not up for consideration now, this will be made at a later date? MR. FEDER: I would submit, Mr. Chairman, obviously anything they want to stipulate to or that the board wants to. But I will point out that in prior action, the board acknowledged that PUDs, in fact, are conceptual relative to access connections, and I think that policy needs to be very, very clear and maintained, at least in my recommendation to you as a board. PUD is not the time to set specifically access points, particularly median openings, and especially along a controlled access facility such as 'we're trying to do with Livingston and 951. CHAIRMAN COLETTA: My comfort level would be greatly increased if the petitioner was to agree to this and said that he fully understands it. MR. FEDER: Mine as well, Mr. Chairman. CHAIRMAN COLETTA: Okay. Commissioner Coyle, and then Commissioner Henning. COMMISSIONER COYLE: My questions relate also to access. First I think we have a Land Development Code change that we made earlier this year, which clearly states that these things are conceptual at this point in the approval process; is that not true? Page 44 November 5, 2002 MR. FEDER: That's correct. COMMISSIONER COYLE: So the LDC provisions do clearly identify this as a conceptual thing. I am -- I am very uneasy, however, to see specific documents in our packet, because it leaves the impression that we are including what's -- or we're approving what's in our packet. Now, the other point is that I'm not at all sure I feel comfortable with access points to Livingston Road every quarter of a mile. I think we should do everything we can to prevent Livingston Road from becoming another Pine Ridge Road or Airport Road. And in order to do that, I think it is good at this point in time to plan ahead. And my question essentially is this, if-- I understand why the southern access point is being requested, because you don't want to bisect the protected property and the wetlands in the center. But is there any reason that, if we're going to grant that second access on the southern part of the property, that that access could not be planned for the access to the property to the south of that as it is developed, rather than approving another cut for that property to the south as a quarter mile interval, and then another cut? I really do like the idea of access roads and fewer access points onto the major highway. MR. FEDER: Joint driveways, yes. You make a couple of very good points, Commissioner. First of all, the Land Development Code change that we requested the board to establish was specifically because people were coming back to the PUDs and pointing, well, that looks like it's three quarters of the way down my property, so I'm supposed to get this access point. And so that action was taken specifically for just the concern you're raising. As to the issue of protecting Livingston Road, we agree, that's why the board took the action, obviously, previously as well, to establish as a controlled access. Controlled access should be access class two, not three, and there a quarter mile would allow what was Page 45 November 5, 2002 in the stipulated settlement, which was a directional in, but not a full opening, which could possibly in the future become signalized, which is also written up in this discussion, an assumption of possible signalization. The stipulated agreement and the process, in any case, allows, if it's an operational problem, to close. But once you have a full median opening, it's a potential future signal. To the issue of joint driveway access or possibly even further to frontage road, but definitely to joint access, we need to know if you can come across that preserve both on this property and the other. But if there's not an exclusion by all means requiring stub out or access to abutting properties, interconnection, that is another issue that's been a big focus of this board for good reason. COMMISSIONER COYLE: And I think -- I think we should get the answers to those questions, okay? It's not necessary, as I see it right now, that we uphold action on this particular petition today, but I think one of our conditions should be that -- that this southern access road -- that appropriate property be preserved for this southern access road to be used as an access to the southern developments if the preserve itself does not prohibit that. Now, who owns that preserve? MR. FEDER: And if I could add to that as well, regardless of the median treatment, even if it's a right-in, right-out at that point or a directional in, that that be a provision -- COMMISSIONER COYLE: Yeah, we need to plan ahead, no matter what happens with that particular intersection. MR. FEDER: Right. COMMISSIONER COYLE: Who owns that preserve? Is that part of the PUD? MR. REISCHL: On the Baldridge PUD, it's -- the portion that's on the Baldridge PUD is the owner of Baldridge. PUD and the one to the south now is the developer but will be the homeowners' Page 46 November 5, 2002 association of Brynwood Preserve. COMMISSIONER COYLE: Okay. Now, the one to the south, have they been granted any access points? MR. REISCHL: I don't know how easy this will be to see. It's red on green. This is Baldridge to the north. You can see the preserve along the very bottom of Brynwood, a road, and then lots below it. COMMISSIONER COYLE: So it's already been platted, huh? MR. REISCHL: Yes. And if it gives the commission any more comfort, section 4.6(E) in the PUD says, all median openings and driveway locations must be in accordance with the Land Development Code and access management policy as amended. Median access and control will remain under Collier County's authority. The county reserves the right to modify or close all median openings that have been determined by Collier County staff to have an adverse effect relevant to operational circulation, safety concerns or con -- safety conditions or concerns. I think that would -- COMMISSIONER COYLE: Well, the problem, of course, is, that if there has already been platted and now we decide we want to run a road through the center of it, it creates substantial difficulties for the -- MR. REISCHL: For the property to the south. COMMISSIONER COYLE: -- for the property to the south. They are -- based upon what I'm seeing here, it would not be possible to do that; is that correct? MR. REISCHL: Unless the property, Brynwood was replatted, that's right. COMMISSIONER COYLE: Okay. I'm not going to ask the PUD to do that. I think that's -- I think that's something we need to keep looking at every time we have these. You know, we shouldn't get into this position without having that interconnectivity between Page 47 November 5, 2002 properties addressed in advance, because it would have been really good to have a single opening service both of these things, at least partially. It appears that we're at the point where we cannot do that. MR. REISCHL: And that's why the one that we do have some control over would be the property to the east, which we do have the access road interconnecting to that. COMMISSIONER COYLE: Okay. MR. MUDD: Commissioner, I think if you take a look at this diagram -- Jim Mudd, for the record -- you'll notice that it's platted and it's got a green space in the middle that they're overlooking. But the road is to the north, where those houses are, with the circle down here where they can -- where they can mm around. So there prob -- there is an opportunity where you could probably make the connection. And we'll do some talking -- COMMISSIONER COYLE: Okay. MR. MUDD: -- where you wouldn't have to go across somebody's house that's been platted or that lot, but go to their street. We'll take a look at those. COMMISSIONER COYLE: So their road really is at the north end then? MR. MUDD: Yes, sir, it is. COMMISSIONER COYLE: Okay. MR. MUDD: Okay. We just have to work out the preserve area here, and how -- and how that would connect. And there's a circle area down here where they're going to do a turnaround, so we can take a look at that. COMMISSIONER COYLE: Okay. I appreciate that. Thank yoll. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: I'll wait for public comments and the petitioner to be on deck. CHAIRMAN COLETTA: Fine. Page 48 November 5, 2002 At.this point in time let's go ahead and hear from the public comment, and then we'll ask questions of the petitioner. MS. FILSON: Okay. Frank Craparo, and he will be followed by John Ebert. MR. CRAPARO: My name is Frank Craparo, C-R-A-P-A-R-O. I own the property that is just to the east of this PUD, and I just want to make sure that my median cut that is still in kind of question with the county that was a stipulated settlement in my two drives on Pine Ridge Road will be preserved. And in my estimation, the median cut would be a lot better off for me to be on the south end because that median cut's about 300 feet where they have their road from the end of my property. And if that road goes through, it's going to bisect -- 300 feet south of my main property's going to kind of end up in limbo. That's something maybe to be worked out. And I had some concerns about drainage, which is really not under the control of the petitioner here. It's under the control of the water management, but I'd like to bring it up. They had a Whippoorwill Lane master plan, which I think Mr. Mudd has copies of, and most of your people, and it pretty well calls for an above-ground flow way in my area. Right now I think the Baldridge PUD is going to go into a pipe not go into an above-ground flow way because there's a big dike diking that whole section from the Kensington Canal, which we can't drain through, the Florida Power and Light easement keeps the water in that section and doesn't go out, and the lake that the county is using for storm water, I might be corrected, but the last time heard, it was at 11 foot elevation. And this property in this area is like 10'4 to 10'6, which is going to put a flow way, which is going to put six inches of water above ground in my area if they can -- continue with that elevation and an above-ground flow way. Page 49 November 5, 2002 This is an urban area, and for the health and welfare of the people, I would submit that we get with the water management people and create a swale which would be more conducive to getting the water a little bit below ground and control that with a weir before we let anyone start putting water six inches above ground in the urban area. This is not out in Corkscrew where you could actually make a flow way that would actually be of any environmental use because the ground is -- all my property's at least two foot below ground or more right now, and in the summer, no water stood on my property within a foot of ground for more than five or six days, and then ran away to the 1-75 D-2 canal, which is held at elevation of 6.3, and the property is like four foot above the grade of the canal. So there really is no ecological benefit to trying to store water above ground. All you're going to do is store water for five or six days in the major flood season, in September, enough to create a health hazard of mosquitoes in the area and not really cause any environmental benefit to anyone. They need to replan this Whippoorwill Way (sic) flow way -- would help quite a bit. And I'm glad we had -- we're kind of getting away from the things in the past. And before 2000, a lot of the commissioners, I think, have urged developers to donate and otherwise get compensation for things that are needed in the county, definitely, and I'm glad we raised our impact fees so now we don't have to go to these developers and beg, extort, or whatever we did in prior years. We can go and say, look, we have this money and we'll determine how we'll spend it. We don't need to go to a developer and say, you have to do this, you have to do that, and who gives the highest bid gets the zoning or gets the road accesses or whatever. These impact fees, I think, will go a long way in making it fair through the board where we can just use the impact fees in the way they're intended to instead of going to the individual developer and Page 50 November 5, 2002 trying to get a bid, how much are you going to give the county. CHAIRMAN COLETTA: Thank you, sir. Next speaker? MS. FILSON: Your final speaker is John Ebert. CHAIRMAN COLETTA: He waived, okay. Then would the petitioner make their presentation, please. MR. ANDERSON: Good morning, Commissioners. For the record, my name is Bruce Anderson on behalf of Baldridge Develop Company. My client is in agreement with the staff stipulations. I just need to clarify one item over which there was some last-minute confusion at the planning commission hearing concerning packaged liquor sales that came up at the very last minute, and I had to rush to the podium in order to make the point. We are talking to a grocery store and a drugstore, either one of which might have a packaged liquor store owned by it right next door, separate entrance. The planning commission approved allowing that if it's associated with a drugstore or grocery store. We didn't ask for anything else at the time because, like I said, it came up at the last minute. My client would like to have the option of, if a mom and pop wants to open a packaged liquor store in the shopping center, that they would be able to do that just the same as a large grocery or drugstore chain, and that is the way the PUD is written that's in your agenda book, but I simply wanted to clarify that on the record so that there was not that limitation to some kind of a national chain. Now, with regards to the -- Commissioner Coletta's question about the access, we understand and we agree that any of the access points shown on the PUD master plan are conceptual, however, they all are subject to the court-ordered stipulation that the county agreed to when it took property for the widening of Livingston Road and Pine Ridge Road. Page 51 November 5, 2002 So, yes, these are conceptual in nature, but they are subject to the stipulation, and the stipulation allows the county to modify or remove the Livingston Road median turn bay at some date in the future based on safety and/or capacity reasons. And I'm reading directly from the court order. And I do want to point out that when it comes to trying to be cooperative and forward thinking on transportation issues, this client stepped up front and did that. They're committing to construct a loop road along the south and eastern boundaries of this property in order to provide motorists in the North Naples fire district with an access road that will enable them to avoid Pine Ridge Road/Livingston Road intersection. Additionally, my client has reserved 60 feet at the southern end of the project for a potential future county road to parallel Pine Ridge Road and connect between Livingston Road and Whippoorwill Lane. And I'll be happy to try to answer any questions that you may have, and-- CHAIRMAN COLETTA: Any questions of the petitioner? COMMISSIONER HENNING: Yes. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER CARTER: I move for approval. CHAIRMAN COLETTA: Okay. Go ahead, Commissioner Carter. We have a motion for approval. COMMISSIONER CARTER: I move for approval. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a second by Commissioner Fiala. Commissioner Henning? COMMISSIONER HENNING: The reservation of the road, the collector road, is that in lieu of impact fees or is it a purchase, girl or what? MR. ANDERSON: The county didn't have any money to buy it Page 52 November 5, 2002 right now, so we just reserved it out of the goodness of our heart, and that will be the subject of discussion and negotiation if and when a road is ever constructed there and you acquire additional right-of-way east of that to actually provide a real road. COMMISSIONER HENNING: Mr. Anderson, don't you agree that a PUD is a negotiated item at the time of approval by the Board of Commissioners? MR. ANDERSON: Yes. COMMISSIONER HENNING: Okay. Well, let's talk about the reservation of this potential collector road. Is your client willing to reserve it in gift if the county so desires to have an interconnection? MR. ANDERSON: Since this isn't negotiation time, what -- COMMISSIONER HENNING: Because my next question is about the mom and pop liquor store, so go ahead. MR. ANDERSON: I'll drink to that. Yes, my client will -- do you have -- do you not -- do you want them to foreclose the right to receive impact fee credits? COMMISSIONER HENNING: I want to know if this easement is going to be a gift, and we can put timeline stipulations on whether the county has the desire to construct a collector road in lieu of a gift. MR. ANDERSON: Okay. COMMISSIONER CARTER: I heard he's going to give you the dirt, man. Take it. COMMISSIONER HENNING: I haven't heard that though, Commissioner. MR. ANDERSON: Well, we'll do that. I was just asking, are you insisting that we foreclose the right to any kind of impact fee credits or anything like that? COMMISSIONER HENNING: MR. ANDERSON: Okay. COMMISSIONER HENNING: MR. ANDERSON: Yeah. Right. So it is a gift? Page 53 November 5, 2002 COMMISSIONER HENNING: I forgot my question about the mom and pop. MR. ANDERSON: You were going to -- COMMISSIONER FIALA: He'll drink to that, too. MR. ANDERSON: I had a sense that you were going to add that as a clarification to the motion. CHAIRMAN COLETTA: Okay. Would you include that in your motion? COMMISSIONER CARTER: Oh, yes, and also the gifting of the right-of-way to the county to be used at a future date. CHAIRMAN COLETTA: Okay. Commissioner Fiala? COMMISSIONER FIALA: I second that. CHAIRMAN COLETTA: Okay. Any other comments? Hearing -- well, I'll close the public hearing, and -- MR. REISCHL: Mr. Chairman, just for clarification -- CHAIRMAN COLETTA: Yes, go ahead. MR. REISCHL: What happened to the liquor store? COMMISSIONER CARTER: Mom and pop is there. CHAIRMAN COLETTA: Mom and pop are -- live happily ever after. And with that, hearing no more comments, all those in favor, indicate by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 5-0, and we're going to take a 1 O-minute break. (A recess was taken.) Item #8B Page 54 November 5, 2002 PETITION RZ-2001-AR-1649, ROBERT L. DUANE, OF HOLE MONTES, 1NC., REPRESENTING CRAIG D. TIMMINS, TRUSTEE, REQUESTING A REZONE FROM RSF-3 TO C-1 FOR PROPERTY LOCATED SOUTH OF IMMOKALEE ROAD ON THE EAST SIDE OF VETERANS PARK DRIVE-CONTINUED 1JNTII. AFTER 1 PM CHAIRMAN COLETTA: The next item is 8(B). We need anyone who wishes to participate in this rezone petition to stand at this time and be sworn in. (Witnesses were sworn in.) CHAIRMAN COLETTA: Okay. And now I'm going to ask for -- any of the commissioners have anything to declare, starting with Commissioner Henning. COMMISSIONER HENNING: I spoke to Tom Taylor and one of the planning commissioners on this item. CHAIRMAN COLETTA: And Commissioner Coyle? COMMISSIONER COYLE: I spoke with the representative of the petitioner. CHAIRMAN COLETTA: I spoke to the petitioner, too, and one of the representatives of the planning commission. Commissioner Fiala? COMMISSIONER FIALA: I also spoke to two people from the -- that represents the petitioner. CHAIRMAN COLETTA: Okay. We'll get Commissioner Carter when he comes back into the room. Would you proceed, please. MR. REISCHL: Sure. Fred Reischl, planning services. This is a request for a rezone from the RSF-3, single-family zoning district, to C-4 for an approximately 3.5 acre parcel on Veterans Park Drive. You can see on the visualizer Immokalee Road Page 55 November 5, 2002 here, Veterans Park Drive goes south to the park, and this is a parcel that one of our reviewers, having accurately described with a tape measure with the tape extending north towards Immokalee Road, and that tape tapers as it goes north, and the portion that abuts Immokalee Road is eight linear feet. The parcel is in between uses here. To the west, on the west side of Immokalee Road, are commercial and medical PUDs, the park to the south, and the North Naples fire district fire station also to the west. To the east are residential uses, with the Stonebridge Country Club to the south, although that abuts a preserve, what's called an open space or common space, but it's basically a preserve, and then single-family houses to the east. And as I said, the parcel itself is 'zoned currently single family. The -- one of the tests for a rezone is consistency with the Growth Management Plan. And in this case, the planning services staff and the planning commission look at it different ways. Staffs analysis showed that this technically does meet the provisions of the office and infill commercial because of that eight feet that abut Immokalee Road; however, we felt that it didn't meet the intent of the office, infill commercial and, therefore, our recommendation was more on a conservative side, and we have a recommendation of denial. The planning commission looked at it from a different perspective, and they said that all the uses that will access off Veterans Park Drive are nonresidential; fire, park, office and medical uses. This would be the only residential parcel that has access off Veterans Park Drive. And they looked at that as, yes, you could incorporate that, the fact that it technically meets office infill commercial and plus the fact that conditions in the area had changed to have the nonresidential PUDs and other zoning districts to the west. And the planning commission made those findings and Page 56 November 5, 2002 recommended approval 8-0. The board also can make those findings and the board can recommend -- can approve this based on a positive finding 'on those five findings that are included in your staff report. One correction that I have to make on the executive summary, in my recommendation I said it does not meet the office and infill commercial. It does meet the -- technically does meet it. I left out the word intent, so it doesn't meet the intent is what I based my recommendation on. I apologize for that. There were people that spoke at the planning commission. They were the residents to the east. An aerial to show you better the homes in the area. And this is -- this is Veterans Park Drive, and this is the approximate outline of the buildable portion of the parcel. As I said, the parcel does extend north about 700 feet towards Immokalee Road, but this is the buildable portion. And these are the single-family homes that basically would back up to the office development. People spoke in opposition for the fact of, right now they were expecting residences in their backyard. They had the -- what the staff considers a reasonable exception to have houses in their backyard because their property's zoned RSF-3. They don't want this change to office. I know at least one person's here to speak to that. I left them do that. CHAIRMAN COLETTA: Before you go any farther, sir, Commissioner Henning, I believe, has a question. COMMISSIONER HENNING: If the Board of Commissioners finds, in fact, it does meet the intent, what kind of buffering would be for the residents? MR. REISCHL: Well, we talked about that. I talked to Mrs. Jolly, one of the people who will speak, and what the code requires now would be a wall with landscaping on the outside. And you read the ordinance, and one of the things that staff put in -- and I believe Mrs. Jolly agreed. I'll let her speak for herself-- is that they would Page 57 November 5, 2002 rather have a more intense landscape buffer without having the wall, but just landscaping. Because I don't know if you've been on-site, but that's a nice little creek back there. It's really a nice natural area, and putting a wall right up at the property line would take away some of the natural beauty of it, so I'll let her answer that for herself, but that's why we put that as one of the conditions. COMMISSIONER HENNING: One of the planning commissioners -- or the planning commission's recommendation was the intent-- the intensity of the property. MR. REISCHL: Yes. Thank you for reminding me. The planning commission recommended approval with the stipulation that the buildings be limited to one story, capped at 18 feet in height, and that there be a pedestrian access from Bethany Place across to Veterans Park Drive, so there wouldn't be an automotive connection, but a pedestrian so they could get to the park by just cutting through that way. COMMISSIONER HENNING: Okay, thank you. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: A question concerning the extensiOn of Bethany. There's not going to be any extension of that into Veterans Park Drive; is that correct? MR. REISCHL: That was the intent of the people who spoke at the meeting, and the planning commission was asked that question. The planning commission did not recommend an interconnect, and staff does not either. COMMISSIONER COYLE: Okay. Is that part of the petition itself, this prohibition against an interconnect? MR. REISCHL: Yes. There is a landscape buffer and only the pedestrian access is in the petition. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: And just a little housekeeping measure that I neglected to mention before we started. We'll be Page 58 November 5, 2002 breaking for lunch at 11:45, and then we have a time certain at one o'clock, and that's the Immokalee impact fees, just so that if you want to arrange your own schedule, if you're out in the audience and have something you have to take care of, that you know where you stand today. Please continue. MR. REISCHL: The only other thing I wanted to point out was that this was submitted prior to the requirement for a public information meeting, however, the petitioner did have, I believe, at least one public information meeting and presented this petition to the neighbors. CHAIRMAN COLETTA: Any other-- any questions on the part of staff?. COMMISSIONER CARTER: Just for the record, Mr. Chairman, I met with the petitioner for staff. Just a clarification, one, you have a walking interconnect for access. As I noticed the creek on the property, it is my understanding the properties that are there are buffeted (sic) to the creek, the creek is there, and then the petitioners agreed to another buffer beyond the creek with a natural landscape vegetation. And this question has to be addressed to the petitioner, whether they will retain all of the, what I'm going to call salvageable trees in there. I understand there's some very nice forestry in there, then that would be retained by the petitioner. Was any of that discussed at the planning commission? MR. REISCHL: Yes. COMMISSIONER CARTER: Okay. And everybody was in agreement? I mean, as far as the petition -- MR. REISCHL: Well, as far as the people -- COMMISSIONER CARTER: Well, I'm not talking about the neighbors. I'm talking about the petitioner and the planning commission. MR. REISCHL: Yes. Page 59 November 5, 2002 COMMISSIONER CARTER: And staff. MR. REISCHL: Well, staff's recommendation is for denial, but if the board approves it, yes, we would be in favor of the natural buffer rather than a wall. COMMISSIONER CARTER: Okay. I think my other question would be for the petitioners, sir. Thank you. CHAIRMAN COLETTA: Okay. Could we bring the petitioner up at this time. How many speakers do we have on this? MS. FILSON: Seven. CHAIRMAN COLETTA: Thank you. MR. ANDERSON: Good morning, Commissioners. My name is Bruce Anderson on behalf of the applicant. With me today I have Robert Duane, the planner for this project, the owner of the property, Mr. George Visnich, and the contract purchasers, Tom Taylor, Craig Timmins, and Chris Allen. First let me state very clearly, we are in agreement with the planning commission stipulations. Although the staff report might make this seem a little complicated, this is really a very straightforward rezone of a small parcel of residentially-zoned property that is physically separated from the neighboring residential property by a tributary of the Cocohatchee River. Both sides of this tributary are heavily vegetated, as has been discussed, and that's why nobody wants a wall. A very important thing to keep in mind is -- and Fred mentioned this, but I want to hammer this home because this is the most salient point. This property's only access is off Veterans Park Drive, and Veterans Park Drive is a nonresidential street. It doesn't serve any residential uses, only two approved commercial PUDs, the North Naples fire station and the county's North Naples Community Park. According to your Parks and Recreation Department, from October 1 to March, 2002, just under a thousand people a day travel Page 60 November 5, 2002 to Veterans Park on this road. The park is open until 7 -- until 9 p.m. -- 10 p.m. seven nights a week. The North Naples fire district estimated that they have an average, of 75 emergency vehicles per day that also use that same road. So clearly this is not a road that anybody would reasonably want to build a single-family home on. My client has met at least three times with the residents of Southwind Estates to try to reach an understanding. I don't believe one has been -- has been reached. But nonetheless, as a result of those discussions and at the planning commission hearing, my client has agreed to several important land use restrictions that would be incorporated into the rezoning document if it were approved. One prohibits any possibility of future access from Veterans Park Drive to Bethany Place, also prohibits parking in the back of the buildings abutting the creek, but does not preclude parking on the side or in the front or buildings. It establishes a 48-foot landscape buffer along the strip of land abutting Veterans Park Drive, but it would also allow a product -- one project sign in that buffer area adjacent to Immokalee Road. And it does require beefed-up additional landscaping alongside the creek in lieu of a wall. And there is also the stipulation about lighting being shielded and directed away from abutting residential properties. We believe that these restrictions help preserve and enhance the natural line of separation that exists by virtue of the Cocohatchee River tributary and that it enhances the compatibility of this low-intensity transitional office use with the surrounding residential and commercial uses. I'll be glad to try to answer any questions that you-all may have now or later, and I would reserve a few moments at the conclusion of the public testimony to respond to any statements there. CHAIRMAN COLETTA: Mr. Anderson, Mr. -- Commissioner Carter's' got a question. Page 61 November 5, 2002 COMMISSIONER CARTER: A couple of questions either you or Mr. Duane may be able to answer for me. If this was a residential area to be developed, how many homes could be placed in this parcel, and how much square footage would that consume in the area? Actually how much would it impact that overall area versus the commercials that are going to go up? MR. DUANE: I think the staff report indicated -- Robert Duane for the record -- that the maximum density afforded this property would be 14 dwelling units per acre. That would be with a maximum of eight units per acre for an affordable housing density bonus, so you would be looking on three and a half acres there, maximum of 40 to 50 potential multi-family units in addition to other housing types that could be permitted on this property. COMMISSIONER CARTER: So the impact from those facilities in terms of green space utilization could be greater than the three commercial buildings? MR. DUANE: It could be. COMMISSIONER CARTER: It could be. MR. DUANE: It would depend on how the property was laid out. But certainly I think one could make an argument that you could cover as much or more ground with multi-family structures than you would be with the office buildings that we plan to develop on the subject property. COMMISSIONER CARTER: Now the height of your office buildings will be what, sir? MR. DUANE: Eighteen feet is recommended by the planning commission in one story. The C-1 district permits a maximum height of three stories or 35 feet, so we've basically cut that down by two stories, and-- COMMISSIONER CARTER: So you're talking about 18-foot? MR. DUANE: Eighteen-foot, that is correct. COMMISSIONER CARTER: Okay. What's the average height Page 62 November 5, 2002 of a home? MR. DUANE: In the single-family district, it can be 30 -- up to 3 5 feet in height, but a typical one-story unit is probably comparable in height to the limitation that the planning commission put on the proposed office uses on this property. COMMISSIONER CARTER: All right. Thank you. MR. DUANE: You're welcome. CHAIRMAN COLETTA: Would you call the first speaker up, please. MS. FILSON: Yes, Mr. Chairman. The first speaker is Kris Gomory. And if I could ask the second speaker to come up and stand onboard, Margie Welch. CHAIRMAN COLETTA: Also, I might ask that if you think the person preceding you made a valid point and covered what you already wanted to cover, you may wish to waive, but you're more than welcome to come up and to speak on your behalf. Please continue, sir. Your name, please? MR. GOMORY: For the record, Kris Gomory, my name is Kris Gomory, K-R-I-S, G-O-M-O-R-Y. I live at 1920 Bethany Place in Southwind Estates. I currently am a licensed residential contractor in Naples and Collier County, and formerly I was external auditor with Cooper & Lybrand out of the Fort Myers office where I shared the audits of Collier County, the board, the clerk, the sheriff, the tax collector, the appraiser, in 1990. I served on the audit staff for two years. I come before you today, and I have prepared a, what is a historical timeline. Formal auditing training came out after the last planning commission. I went back. I have this report. This report represents research by me using my former big six audit training. It historically timelines everything that has occurred with this property from the beginning. What has come to light this week that I found is very Page 63 November 5, 2002 interesting, is that -- and I lay out in the first two timelines, is that this particular property was originally submitted by the developer as part of a no development area and part of the master drainage plan. It was part of the master drainage system, and it was submitted to South Florida Water Management District. It was submitted -- it was permitted. Part of their drainage master plan -- and I provided copies of all that in your packages for you. The drainage plan is also included in there. It was permitted as such, and then one month later, approximately one month later when the plat was put into effect, they excluded that nondeveloped area that they had already -- and it was already permitted by Southwest Florida as being undeveloped land. It's in your package. It's legal record. And the other thing is, the proposed drainage plan is also in there, and, again, it clearly shows this portion of this property as part of the master drainage plan. The other issue was, is that when the plat was made, they excluded that particular plat from there, and there is a copy of the plat in the package that I provided for you so you can see that. That was approximately April 17th -- or it was April 17th, 1997. I am just going to -- you have the package, and I don't want to overextend my time, because I'm already at three minutes and 26 seconds. What I'd like to do is read the summary that I found, based on this research, and then make my recommendation as a homeowner. The evidence found in this report raises serious questions on whether the subject property was illegally excluded from the Southwind Estates plat after being included in the South Florida Water Management District permit drainage system. In addition, commercial rezoning and subsequent development at the economic gain of an owner who knowingly purchased RSF-3 property would directly devalue adjacent single-family residence and Page 64 November 5, 2002 potentially cause uncontrollable flooding and destruction of a native preserve of the original headwaters of the Cocohatchee River in both Southwind Estates and Stonebridge Country Club, which this is weired in and it backs up into Stonebridge Preserve. That's the summary of this historical timeline, and there's some other key dates in here that the planning commission really didn't have as of record. There was many questions, and people looked around and said, I don't know when this happened or that happened, so I provided it for you in timeline. My recormnendation is that the Board of County Commissioners postpone any ruling with regard to the above-referenced property and direct staff to investigate the records set forth in this report and accompanying support documentation. My hope is that on election day -- is that one vote can make a difference in this issue. Now, one of the things I'd like to say quickly is that in reference to the planning commission vote, eight to nothing, what was presented here is that eight to nothing is just waived right through, just smooth sailing. It was -- originally it was six to three, three members dissenting to this issue. It's not until they discussed a few of the pertinent issues that they went eight to nothing on that, and I wanted to make that point also, so I'll be happy to answer any questions at this time. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: You know, I'd just like to make an observation, Mr. Gomory. It's obvious you spent a lot of time putting this together. I'd like for you to understand at least my position here on this. We just got this a short time ago. There's absolutely no opportunity for us to review this and determine whether or not your conclusions are based upon competent evidence. This is a quasijudicial hearing. It's almost impossible for me to utilize any information in the package you've provided. Obviously Page 65 November 5, 2002 you've spent a lot of time pulling it together. But just for future reference, it would be much easier for us if we could receive information well in advance of our meeting so we can review it. MR. GOMORY: I appreciate that fact, but I also would note that the information that we got and the schedule date was the 10th of -- was next week, and I would have had this information done, but I just couldn't practically do that. The sign on the road, the information that we received was that this meeting was going to be on the 10th, or next week -- or the 12th. MR. REISCHL: The commission rescheduled the dates from the second Tuesday to the first Tuesday. COMMISSIONER FIALA: In November and December, yes, we did. Because of the holiday schedule, we voted to schedule our meetings for the first and third Tuesdays in November and December, so that's probably-- these signs were probably designed before we voted. COMMISSIONER Coyle: So the signs weren't changed? MR. REISCHL: They should have been. I didn't-- MR. GOMORY: No, they weren't. I was there last night, and they still say the 10th. And I knew bringing this information in now, which, again, I could just -- you know, just to finish my research up early this morning on some of these issues, because I do have a job and mn.a company and am very busy. CHAIRMAN COLETTA: If I may. Mr. Weigel, I know that you just got this also, am I correct? MR. WEIGEL: Yes, that's right. CHAIRMAN COLETTA: From what you've just heard the gentleman state, do we have serious reason for concern here? MR. WEIGEL: One moment, please. Thank you. MS. STUDENT: For the record, Marjorie Student, assistant county attorney. I have not had an opportunity to see the document that the gentleman presented to you, but I want to remind the Page 66 November 5, 2002 commission, this is a rezoning action and you're to be guided by the criteria that appear in the staff report that are taken from the Land Development Code as to whether or not to grant the rezone. I don't know that the history of the project necessarily -- or excuse me -- the property would necessarily have a bearing on this criteria, because I believe taken in total, the criteria recognized that there are changing circumstances. And Mr. Reischl may be able to help me here, but I think one of those criteria is either changing circumstances that make the -- or necessitate the rezone. MR. REISCHL: Yes. MS. STUDENT: That's paraphrased. CHAIRMAN COLETTA: Let me -- before you go on to Mr. Reischl, another question. Is it true that from here, in order -- if we did approve this, it would still have to go to water management for approval? MS. STUDENT: I'm going to have to defer to the petitioner, because the county typically doesn't get involved in those processes, but the petitioners do, so I will have to defer to the petitioner on that matter. MR. REISCHL: And from staff's point of view, before a multi-family or commercial site development plan is approved, they have to have -- because there's wetlands on-site, they would need a South Florida Water Management District permit. CHAIRMAN COLETTA: So if there was something afoul of permitting or possibly prior designation of this as far as a wetland to water management, they would have to deal with it in their own department; is that correct? MR. REISCHL: That's correct. CHAIRMAN COLETTA: Okay. Commissioner Fiala, then we'll -- COMMISSIONER FIALA: Yes, thank you. CHAIRMAN COLETTA: Then Commissioner Henning. Page 67 November 5, 2002 COMMISSIONER FIALA: From your timeline here -- and I'm sorry that we didn't have time to study and the dates were wrong. I apologize for that -- but what I wanted to ask you was, did I understand you to say that originally all of this land -- this part of the PUD that was -- that was settled on years ago was set aside as a preserve, is that it, and then they changed that? MR. GOMORY: They -- correct, that's what I'm saying here. The record shows, and their terminology -- the preserve is our terminology that we use nowadays. It clearly states -- and this is the staffs report from the South Florida Water Management District to the county engineers. It says that, quote, no development is planned for the five acres. And I've referenced that and I've included the report for your review, and I've highlighted -- anything that I've referenced in here I've highlighted in those associated reports so it's very easy for you to reference them. So, yes, that is true that it's clearly designated. And then that application -- and that's the application process -- went to permitting on March 15th. And my understanding from reading the permit, which is also included in your package, is that that -- all the application documents, including their master drainage plan, once that permit was approved on that date, became part of all that documentation. So in essence, this master drainage system, which included this as non-developed land, was included with the permit. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Mr. Anderson, if I can just take a moment of your time and ask you if, since the Board of Commissioners did change the meeting dates, did you notify the residents in the area of the change? MR. ANDERSON: I personally told them after the planning commission hearing when we huddled. Also, I'll ask Mr. Reischl to address whether this was announced at the planning commission hearing. They're here. Page 68 November 5, 2002 MR. REISCHL: Mr. Schmitt reminded me -- I didn't remember at the time -- but, yes, the change was announced at the planning commission. I did talk to Mrs. Jolly, who will speak. And she's the only neighbor that I talked to directly after planning commission, but we did discuss the change of dates. COMMISSIONER HENNING: Okay. And I felt a little bit uncomfortable proceeding forward with this, but now that there was notice, then I feel more comfortable with proceeding. COMMISSIONER CARTER: Mr. Chairman, I'd like to hear from the other speakers -- CHAIRMAN COLETTA: Yeah. COMMISSIONER CARTER: -- then we can get back to the others. MR. GOMORY: May I add one point in reference to what they said? CHAIRMAN COLETTA: Yeah, wrap it up, please, sir. MR. GOMORY: Okay. The one point is that the owner-- the current owner of this, Mr. George Visnich, purchased this property, and this was misrepresented at the planning commission. He purchased this property in 1990. The warranty deeds and so forth are all in your packages. The Veterans Road and the Veterans Park was opened in -- June 1 lth, 1987. It's approximately two and a half to three years before this. So he came down that road, he purchased an RSF-3 property which, to correct everybody, right now, there can only be one house, is that correct, from the last meeting we had? Only one house can be built as it's zoned. They would have to get it replatted and get rezoning on it. So right now -- MR. REISCHL: That's correct. MR. GOMORY: -- as it-- and it does have access. He purchased the 40-foot strip from the Bethany Place end so that he could gain access. He said this in the planning commission. So right Page 69 November 5, 2002 now, I could take property and I could build a house, one house on there, and have my own driveway, build a bridge which, per our discussion with Southwest Florida Water Management, said, there's zero to none chance in having that ever happen. So that 40-foot strip that he did purchase back in '90, they said, in reality, you couldn't get the bridge made. So that -- that's just contradictory to what was just said, that the only access is from Veterans Park. CHAIRMAN COLETTA: Okay. MR. GOMORY: Thank you. CHAIRMAN COLETTA: Thank you, sir. And the next speaker? MS. FILSON: The next speaker is Margie Welch. She will be followed by James Welch. MS. WELCH: Good morning. My name is Margie Welch, and I am one of the homeowners that lives directly behind where they're going to have this property rezoned. And like Kris, myself, we were not notified that this meeting was going to be bumped up a week. The letter that I have in all of my documentation was -- I think it was November the 12th. It was a week from today. Now, if Mrs. Jolly had a meeting with -- what's your name, Fred -- I wasn't involved on that. All of the neighbors, we all work, we don't associate. We got a phone call on Thursday night, I believe it was, from Terry, saying, do you realize the meeting is Tuesday? And from Thursday night to last night, like Kris said or to early hours this morning, we got together, we held a meeting Sunday night at six o'clock to get together because he had discovered some information that he was preparing for the 12th. After Sunday night and him doing all of this work and us looking at this, we all agreed -- which we called the county, I believe -- and I'm unsure here, the county or the city -- the planning commission meeting that we all attended, we had called for the transmittal or the tape or whatever you get after a meeting so we Page 70 November 5, 2002 could review what was said, because there were a lot of things said that were not true. And we wanted to hear from (sic) ourselves if that backed what we heard. We were told that because of the budget, I believe -- and Terry Jolly can, you know, elaborate on this -- there was no transmittal, there was no tape because of-- there's no money or something, there's no transcript. So we called somebody to see if anybody had taped that meeting, that planning meeting, that we attended and we did. We found somebody that had taped it. We have the tape. We have Mr. Anderson, we have Mr. Taylor, Who -- and we have the landowner, George, who stood up here under oath in front of the planning board and lied. We have a tape. He said he paid 50,000 for this eight-foot strip of land. I believe it was Dwight or the chairman on the planning board went into great detail why a man would buy an eight-foot strip of land on Veterans Highway to Immokalee Road to his property back here. Well, first his answer, he wasn't sure, then the next answer was for a driveway. But let me bring the dates to you. He purchased the eight-foot strip February 27th, 1990. And I'm not happy here. I'm a homeowner, and I'm not happy, but I'm trying to do the best I can. He purchased the eight-foot strip from Pulling so that he would have that on Immokalee Road. Now, if you do that to Immokalee Road, it becomes easier to change residential to commercial. Now, why in the world would any man in his right mind -- and he said -- and Mr. Anderson quoted and Mr. Taylor quoted, he paid $50,000 for this. I went to the land records. He paid $16,360.25 for the eight-foot. Now, he did that first. Now, I think you-all are aware of, in 1989, there was a growth management act to protect homeowners. Then, April, almost three months later, then he purchased the land that's in question now. So it is our understanding, and we believe, that this was done so that in the Page 71 November 5, 2002 future he would have a -- an easier way to come before you and have it rezoned commercial. Why else would you purchase an eight-foot piece of land? So all this information we've gathered up faster because we thought we had another week. So all we're doing here is recommending that the county commissioners, based on the planning meeting, take a look at the tape, watch the tape, watch the answers they gave, which was false information in many, many cases, and don't make a decision today. We're only recommending you postpone your decision today until you can document this or check on what we are saying. If the planning meeting had had the right information, would they have voted-- would they have voted yes? Fred, who's in the staff, he denied it, then it went before the planning commission, and there was not all the truth told, and they voted in favor. And that's all we're recommending. Don't make your answer today. Postpone it until we can -- you can check these facts. That's all we're asking for. CHAIRMAN COLETTA: Thank you. Next speaker. MS. FILSON: The next speaker is James Welch, he will be followed by Steve Tillery. COMMISSIONER CARTER: Hi, my name's James Welch, I live at 1904 Bethany Place. I think you're going to be devaluating our property if you let this go in. And my wife did tell you the truth, it's of public records if you check it, and that's really about all I've got to say. CHAIRMAN COLETTA: Thank you, sir. MS. FILSON: Steve Tillery, and he will be followed by Theresa Jolly. MR. TILLERY: I'm only going to be a few seconds. I'm just here to support the rest of the people that live in our neighborhood and to bring awareness to one other point, that Palm River, Pelican Page 72 November 5, 2002 Marsh, Victoria Park and all of the kids that live in those areas use that access road via sidewalk on their bikes and on their scooters to get in and out of park, and rezoning it commercial would kind of present a security problem and a risk problem, I would think. I just wanted to bring that to your attention. CHAIRMAN COLETTA: Thank, sir. MS. FILSON: Theresa Jolly. She will be followed by George Visnich. MS. JOLLY: Hello, I'm Theresa Jolly. I live at 1916 Bethany Place. I live the second house away from the Veterans Park Road. I had this whole thing prepared, but said a bunch of things here that I might want to discuss. But basically I really appreciate the opportunity to come and talk to you, and I don't feel like -- that you guys could possibly vote the way that we would like you to if you don't know what we think. I have two issues that I'm unhappy about here, and I think that any commercial zoning touching my property line -- my property line touches theirs. Any commercial zoning, I feel like, is going to devalue my property. Last Friday I went to the bank and I was talking to them about refinancing my house, and this came up about the rezoning, and they said, well, you better hurry because it's not going to be worth that next week when you come back if they approve it. I don't know how true that is, but it's a very concerning thought that, you know, their property would increase four times and mine would decrease. I was here first. And I take offense at something that they said. They did not tell the truth at the planning commission. I hope you will watch the tape, and I hope you will look at these dates. Mr. Visnich got up here, as did his counsel, Mr. Anderson, and they said, he had to buy -- I mean, the planning commission said, why would you buy eight feet, you know? I'm sure they were thinking this technical, you know, Page 73 November 5, 2002 compliance with the growth management act. They kept saying, why would you buy it? He said, I had to buy it for a road. I couldn't access my property. I was landlocked. He said, I had to go to Mr. Pulling. I hope you watch the tape. It's on here. And he says, you know, at my age, I wouldn't lie. Well, okay. Anyway, he goes all through. He paid $50,000 for it. Well, we found out an hour afterwards he paid $16,000 for it. And he goes on and on and on about how he had to buy it because nothing was there, he couldn't get to his property. He bought it three years after Veterans Park Road opened, and they're saying that they have to have it rezoned to commercial and that they have that right and that option because it is the only property that fronts out on Veterans Park Road. He bought it that way. I mean, I'm sorry, and he's going to come up here and I'm sure -- and he's old, and I'm sorry that he did. But you know what? That's how he bought it. I also bought my property. I went to the county, I asked them, you know, how is this rezoned? I didn't take anybody's word for it. I came down here and I asked them, you know, can you show me what this is zoned? I wanted to make sure, because some people in my neighborhood, the people that have been there a long time, since it was first zoned, said it was -- that it was undevelopable, which, come to find out in the last week -- well, we went through our paperwork and abstracts. We have the South Water Management thing that said that very thing. But when I came to the county, they said, no, it's RSF-3 and only single-family homes can be built there. And we asked about -- do you think that, you know, they could rezone it? And they said, that's not a typical expectation for residential. That usually doesn't happen. You know we bought -- we built -- you know, we bought, we built, and we are there. Page 74 November 5, 2002 Mr. Visnich comes in after the fact, he purchases the property, it's RSF-3, he thinks, and, you know, it was, supposedly at that time. Veterans Park Road is there. He knows where his access is, and I'm sorry for him, but that's the way it goes. Another thing I'm a little confused about is Mr. Anderson said that his clients were willing to accept the standing of the planning commission. And on Friday my husband met with him -- because I had to work late and I was supposed to meet with him for lunch -- but he called, he wanted us to pick up some plans. He met with him, and they said they couldn't do one story, you know. They had to have two-story, you know, and that they were going to push for two-story. So I'm a little confused about whether -- which way we're going here. The flooding issue, it is a problem. When we bought there, that -- that was a tributary, and our deed says our property lines touches the thread of the stream of the Cocohatchee River. Their property line says the same thing. It touches the other side. When we moved there, my kids took canoes from behind our house, went underneath the Veterans Park Road, through the little area where Fogg's Nursery used to be there, right behind it, and went underneath Immokalee Road and went to the gulf or went to their friend's house over in Palm River. Now, since that's been weired, a stream flows. When we moved there, that flowed, okay? Now -- and as Kris pointed out at the last meeting, it is a pond. It does not flow. It's dammed up, it's backed up, and there is green slime, which you can see when you drive down the Veterans Park Road. It doesn't move, it doesn't move all year. It only moves at one point, and that's when it floods up in our yard. This whole summer the water was like 10 feet from Kris' pool. I didn't clear the back, so I'm not quite sure where it was, you know, from my house, because I can't see it. But, you know, flooding for us is a concern. Flooding, property values. I feel like that, any C-1 Page 75 November 5, 2002 zoning, any commercial zoning that abuts my property is going to devalue it, and I don't think that's right. I don't think it's right that you would raise their property value, you know, four times -- the property across the street from that sold for $3.2 million -- while mine goes down. Thank you very much. CHAIRMAN COLETTA: Thank you very much. Do you have another -- MS. FILSON: The next speaker is George Visnich, and he will be followed by your final speaker, Tom Taylor. MR. VISNICH: My name is George Visnich. I live at 429 Ridge Court, Naples, Florida. About the land, I bought it from Mr. Pulling, and there was two choices, build a bridge across that strip or negotiate with Mr. Pulling. So I checked with contractors, and they gave a huge price, so I went to Mr. Pulling and we settled it with him. And so -- I just bought that for my mom. She was in the nursing home, and we were going to build a double situation there with top stairs and a bottom with an elevator to put in there. Well, while the process in -- I got my things all done, had a survey of it and odds and ends, and she passed away. So that just knocked everything out of the loophole there. In the meantime, we communicated. We lived in Coral Gables, Florida. And then my wife would come there practically every -- every week, check in on things and everything, and then I'd spent some time in the VA hospital, so that's the way the situation was and that's why we gave it up, and it's been like that ever since. And if there's any questions, I'll be glad to answer them. CHAIRMAN COLETTA: I don't think there's any questions at this time, sir, but thank you very much for coming up. MR. VISNICH: Pleasure. Thank you. MS. FILSON: Your final speaker is Tom Taylor. MR. TAYLOR: For the record, my name is Tom Taylor, 481 Page 76 November 5, 2002 Carica Road, Naples, one of the contract purchasers on the property. One of the things that's disturbing when you come to these meetings is when someone calls you a liar, and that's concerning to me because I don't do that. I would invite anyone to review the tapes. I think the issue that was brought up and some representation was about Mr. Visnich's purchase of the eight-foot. Now, just to clarify what Mr. Visnich said -- and he can speak for himself, but as you can see, he his difficulties mobility-wise, and he's fairly elderly and has health problems. But what he indicated at the time was that he bought the eight feet, not for purposes of getting eight-foot connected to Immokalee Road. The requirement for that eight-foot came in the -- in much later requirements to have connectivity to an arterial roadway for frontage of commercial property. What he purchased that property for was because that was a spite (sic) strip that existed that precluded him having any access to Veterans Drive. That eight-foot existed, and he had no way to legally get to it. So he had the property but he had no means to get to it, or he was in the process of acquiring the basic property, at least. And I haven't seen the timelines. So what Mr. Gomory has given you, he hasn't shared with me nor anyone else on our side of the table, so it's all a shock to us. But he purchased that property. He bought the spite strip from Mr. Pulling so he had access to Veterans Drive. The county subsequently rezoned the properties across the street for commercial, office, medical use. The county approved construction of the fire station across the street on the same -- with the same access to Veterans Drive. So the summary of that is that he has a piece of property that is on Veterans Drive with the only residential zoning on it. It's three and a half acres. We've made, I think, substantial attempts to Page 77 November 5, 2002 mitigate any of the impacts that the neighbors have -- could experience as a result of any type of development on that property. We have the upgraded buffers, the setbacks, the 48-foot landscape buffer that would remain adjacent to and between Veterans Drive and Mrs. Welch's property, the eight-foot landscape buffer that would be upgraded, the prohibition against any kind of vehicular access connecting Bethany with Veterans Drive, our willingness to shield any lighting. And in fact, we even said that we would turn the lights off after normal working hours of nine o'clock at night being the latest except for janitorial service and the like. So we've made every attempt to mitigate any of the questions and concerns. The issue with the drainage, frankly, without seeing that, it's hard to speak to it. But I can tell you I've done a lot of applications in my business, being in the engineering business, that shows an undeveloped piece of property. You may show that it says undeveloped, and that means that it's not really part of the application -- application process. That does not mean that it's a preserve unless it says preserve. There is a physical barrier of the creek, meaning that storm drainage from their side of the creek doesn't travel to our side and our side doesn't travel to their side because there's a physical barrier with the creek. Any of the water management issues would have to be dealt with in a subsequent application process with the water management district. So our request is, all we're here for is the zoning. We've attempted to mitigate all of the issues. I think we've effectively done that. And I don't know what else they could ask us to do. We're not dramatically increasing Mr. Visnich's property from the standpoint of, he purchased that property when there was not -- when there was a Fogg's Nursery across the street, not commercial, and there is commercial today, as well as the fire station. Page 78 November 5, 2002 So he has limitations on use of that for residential uses. Yes, I guess there is a possibility of coming back for some high-density, multi-family uses, but frankly, I don't think that's to the advantage of the neighbors either. And limitation of single-story and 18 feet-- and our layouts are showing that we can build plus or minus maybe 20,000 square feet of commercial space on this property in three building pads. Any other questions you have of me, I'll be glad to answer them. COMMISSIONER HENNING: Yes, I do. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: So you're saying that you can build affordable housing on this property? MR. TAYLOR: Well, I believe the staff had indicated in their staff report that if-- that one possibility would to be come back and build affordable housing on the property, up to 14 units per acre, based on the affordable housing density and the density credits that could be received based on that. MR. REISCHL: That would also require a rezone. Right now it's single-family. COMMISSIONER HENNING: Okay. I'm trying to go by memory, and I know the fire station was built in the '90's, the mid '90's, I believe. Commissioner Carter, you could probably share that with me. COMMISSIONER CARTER: My memory rec -- I recall from my memory bank that that is true, sir, and this whole area has evolved. It's not anywhere like it was, let's say, 10 years ago. We're looking at these documents. Sure, there was different flows. There's different applications, as the one neighbor said, and we used to canoe down the creek. Well, all that's gone. That's history. So you've had this whole infill development in the area, and that's what brings this to this meeting and to these questions is, what Page 79 November 5, 2002 do you do with the remaining parcel? But all of the others have impacted. And those impacts have been calculated by the water management district. What they would do with this when it goes there, I have no idea. COMMISSIONER HENNING: And, you know, I'm thinking, would it even be feasible to have affordable housing right across the street from a fire station? So it's a matter of the best use of the land, and I think that's what our decision here is today. Thank you. CHAIRMAN COLETTA: Thank you. We're at that point now where we need to break off. And we've got a time certain at one o'clock, and we'll continue this again after the one o'clock time certain. Thank you. (A lunch recess was taken at 11:48 p.m.) CHAIRMAN COLETTA: Ladies and gentlemen, would you take your seats, please, and we'll proceed. MR. MUDD: Mikes are on, sir. Item #8G ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE 2001-13, THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, BY ESTABLISHING A GEOGRAPHIC OVERLAY FOR THE IMMOKALEE AREA AND PROVIDING FOR A COMPONENT ROAD IMPACT FEE DEFERRAL PROGRAM TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED ROAD IMPACT FEE RATES-DENIED; STAFF TO COME BACK WITH A l JTFRN A TIVFJ S CHAIRMAN COLETTA: We're at our one o'clock time Page 80 November 5, 2002 certain,.which is item 8(G), concerning the adoption of an ordinance for Immokalee on the road impact fees. Mr. Schmitt. MR. SCHMITT: Good afternoon, Commissioners. For the record, Joe Schmitt, administrator of community development and environmental services. Before you today is an ordinance to amend chapter 74 of the Collier County consolidated impact fee ordinance to establish a geographic overlay in Immokalee and provide for the -- providing for a component road impact fee deferral fee program for the Immokalee area. And I'm just going to kind of go through some history. In 1985, actually, October 7th, 1985, we implemented the impact fee program in Collier County. And as you well know, just this past October 8th, we increased almost double, or a little over double, the road impact fees for Collier County. That impact fee increase actually took effect on the first of November. But before that, actually we brought to you on July 30th of this past -- this year, staff first proposed the impact fee increases to you through the public hearing -- through a public hearing, and during that hearing you advised us to go back, kind of do our homework, present a public listening session, and we did that on August 30th, and then we brought back to you on September 17th during an impact fee workshop to talk about the road impact fees, but also some of the mitigating programs to mitigate the social and economic impacts of the doubling of the road impact fees. One of those recommendations was a recommendation for you today, and that includes an impact-- road impact fee deferral program for all new construction, that's residential, commercial and industrial, within the Immokalee area. And as I've got it shown here, that would include in Immokalee, what you see in yellow before you, Page 81 November 5, 2002 the Immokalee planning community as designated on the Immokalee future land use map. So any industrial, commercial or residential building permitted would be allowed a five-year deferral program, as the ordinance is currently written, and that's a -- they would enter into a deferral agreement with the county, and after five years be asked to pay back those impact fees that have been deferred, and that's the way the ordinance is currently written. Let me just kind of highlight so that you understand the kind of impact fees that have been paid county-wide and in Immokalee, just again, for the -- for your edification and the folks at home. And you can see actually over a total of five years, only about one percent of the impact fees collected in the county, $68,000 for road impact fees, only about one percent actually came out of the Immokalee area, so that's what we're talking about. And just for clarification so we understand waivers, deferrals and exemptions. What is a waiver? A waiver basically is saying that it's a permanent forgiveness. Now, we don't have many waivers in Collier County. Actually one of the waivers we do have is for affordable housing but actually it's not a waiver. We do not lose the money because that money is paid by SHIP to pay for the impact fees. A deferral actually represents an obligation to pay but not immediately, and that's what we're talking about here. And I know there's been some discussion about exemptions. An exemption is really a forgiveness. No strings attached. That's basically, there is no finding of impact and, therefore, you're exempt. The only two exemptions we have right now is if there is an erection of a building, replace a recently destroyed building or a building of the same land use. If a similar building goes up, the new developer is actually exempt because there's already been impact fees paid for that property. And the other one that's pointed out here is Page 82 November 5, 2002 public home and residential facilities. So that's in a nutshell what we're presenting before you today, is a five-year deferral program. There would be a deed restriction placed on the need upon closing for a guaranteed payment after five years. The program would be null and void or basically would be of-- no longer awarded to any of the potential users or any potential person who wants to partake. Once we enter into the five-year work plan under transportation and Mr. Feder identifies in the five-year transportation plan road improvements in the Immokalee area, then this program would be no longer in effect, so that's what's before you today. CHAIRMAN COLETTA: Mr. Schmitt-- MR. SCHMITT: Sure. CHAIRMAN COLETTA: -- if I may. I very much would like this commission to consider an exemption because of circumstances that are quite different from the norm for Collier County. We have an area that is economically depressed trying to live with the rules of the coastal county. Totally inappropriate that they have to travel a distance of some 15 miles before they'll reach the first four-laned road, and that's a number of years away before we get to that point. They do not have a road on the plans for Immokalee, to connect Immokalee to the planned roads that we'll be doing on Immokalee Road around this fairgrounds for a number of years. Until it reaches five years, it's not vested. We're trying to control growth in Collier County while in Immokalee the community is desperate for growth, absolutely starving for it. Their base to be able to work with has been eroded, it cannot reach full potential because they're competing with Lee County where they have an impact fee that's about a third less than ours, and Hendry County where they have no impact fees. Page 83 November 5, 2002 So what does this mean for Immokalee? Everybody says we want to help them out, we want it to work. But because of the restrictions that we're placing upon them with the impact fees, people aren't building their houses there, businesses aren't relocated there. And by deferring it five years, we solve no problems and possibly compound the situation even worse by the fact that when you set it off for five years, especially with a single-family home, now that person's got to find financing at the end of five years to be able to cover that debt of a deferral, if you went with a deferral. With an exemption, that debt would be wiped away. So what are we saying? We're saying that the fact -- Immokalee should be exempt for the reason that they're not receiving a service, and they will not receive a service in the near future that justifies them paying a road impact fee. We have seven zones for the -- for roads, impact fees, in Collier County, and two of them are exempt. One of them is Everglades City and the other one is 29 where they know they're not going to be building any roads for the very distant future. And so those people that want to build in those areas are exempt from those fees. Based upon that, I'd like to make a motion that we substitute the word deferral to exemption, and that -- and to rewrite that particular ordinance so that it would fit the needs to be able to allow for the exemption, once again, with the understanding, at that point in time that Immokalee is going to be on the receiving end of it, with that road to be built from the fairgrounds on to Immokalee, at that point in time, that the money needs to be for buying the right-of-way, that we would bring Immokalee back in the fold as far as impact fees go. MR. SCHMITT: Mr. Chairman, if I could just clarify then what you're saying. Everywhere we have deferral would be exemption, but still leave in the portion where they say that the county would stop issuing any type of exemption pursuant upon this program, when the right-of-way phase of the transportation capacity project is Page 84 November 5, 2002 actually identified in the five-year plan? CHAIRMAN COLETTA: No. When to start to accumulate the money for it and we need the money for it. Because if we put it in the five-year plan, we have no intentions of buying the land for another three years, it seems like it would be a little bit inappropriate to start accumulating money. Immokalee's been paying for years into the pool. Even though it's a minuscule amount compared to the rest of the county, less than one percent, they have made contributions, and I want to see that we have a fair amount of time to be able to get this to make a difference as far as impact fees go. Get the people to start looking at Immokalee as a serious, serious option cost-wise so that possibly we can draw some of the growth there. Also, too, keep in mind, the amount of money that we're talking in lost revenues -- and also, too, I'd like to mention, unjustly charged revenues -- would be so minuscule it wouldn't matter, but it could make a big difference to the growth in Immokalee. So that's my motion. COMMISSIONER CARTER: I'm a little confused on your last statement, because I thought, Mr. Schmitt, what you're saying is that you can exempt until -- is that what I understand you to say -- until it begins to impact in that five-year window. MR. SCHMITT: The -- and I'll have to defer to Norm Feder as far as this program, but what -- the way it's currently written and proposed to you was a deferral for five years. And once a program is identified by the transportation administrator as into the -- into the transportation five-year work program, that this program would cease and desist, and basically anybody that's in the program stays in it until their five-year anniversary date, then they pay that deferral back to the county, the deferred impact fees, but there would no longer be a continued awarding of any deferrals once there is a project identified in the five-year work plan. What commissioner -- Page 85 November 5, 2002 MR. MUDD: What -- Joe, let me interrupt for a second, Commissioner. Once -- the way we set -- they way we set up the language in here is to provide a deferral for five years, knowing that when a project goes in the capital aspect, i.e., real estate acquisition or road building in that five-year plan, we would stop all new entrance into the program. Those people that have got a deferral period still to -- that needs to still go until it's finally over, may it be three years or four years, those moneys would come into the coffers while this project is being built or real estate is being acquired, therefore, the project would finish and so would the deferral period for everybody in it, no matter when they came on to the program, the first year, second year or whatever. Again, but the program would stop when the first capital project, either right-of-way or building of the road, would come into effect. MR. SCHMITT: I mean, basically what we're saying is that the deferral still identifies a rational nexus, meaning that there is an impact on the infrastructure and that eventually they would pay for that impact. What I hear the chairman proposing is an exemption. CHAIRMAN COLETTA: That is correct. MR. SCHMITT: And that exemption basically means we wipe the slate clean for anybody during that period of time. CHAIRMAN COLETTA: During that five-year period. Any amount of money would be negligible if we didn't put that in place. It would be the thing to spur the growth in Immokalee and move it forward. MR. SCHMITT: And the trigger for ending the program would be? CHAIRMAN COLETTA: Would be the time -- and forgive me if I don't have the exact language -- that we have to accumulate the fees to buy the right-of-way. MR. SCHMITT: Okay. That would -- again, Norman, if I'm Page 86 November 5, 2002 not mistaken -- would be when you enter into the five-year work plan? Go ahead. MR. FEDER: Mr. Chairman, again, for the record, Norman Feder, transportation administrator. I think what we had proposed under the deferral and as you're raising under the exemption is that as soon as we put in a right-of-way phase or a construction phase into the five-year program, if that came into the third year or starts with the new fifth year, as it typically would, at that point we would start then recollecting the fees in the case of exemption, or in the case of deferral., you would stop giving any more deferrals, obviously honoring the five years of what you already had out there previously in the completion. CHAIRMAN COLETTA: I see this as a two-edged thing. One, to be able to spur the growth in Immokalee, and two, to be able to -- encourage us to get the road built to Immokalee in a more timely fashion than we presently have set up. MR. FEDER: Yes. CHAIRMAN COLETTA: I see you, Commissioner Henning. We're going to get right to you. At this point in time I'm either going to call the motion failed if I don't get a second. COMMISSIONER CARTER: Mr. Chairman, I'm going to second your motion for discussion. CHAIRMAN COLETTA: I appreciate that, Commissioner Carter. COMMISSIONER CARTER: And I just want to make clarif-- I'm going to have to come back to Norman Feder and make sure that I clearly understand that you're not going to collect anything if it's -- if we -- MR. FEDER: Exemption. COMMISSIONER CARTER: Eliminate. Help me with the Page 87 November 5, 2002 word. COMMISSIONER FIALA: Exempt. COMMISSIONER CARTER: Exempt, thank you. If we exempt.until such a time as you start the plan, the exemption is over for anybody now coming into the program. Those that are there can run the course up to the five-year period, you don't collect anything. My question would be -- MR. FEDER: For clarification, what you have in staff recommendation is not the term exemption. COMMISSIONER CARTER: I know. MR. FEDER: It is a deferral for five years. COMMISSIONER CARTER: I understand that. MR. FEDER: In fact, if the board took the action -- took the action today, you would then, for any impact fee, give them an opportunity in a five-year deferral, at the end of five years they would pay. You would keep issuing those deferrals until, as it's recommended, the first either right-of-way phase or construction phase for a major transportation project, 43rd out to 29 on Immokalee, the bypass, Lake Trafford, whatever, came into the work program. In the case of what's been recommended by the chairman, as I understand it -- please defer if I'm wrong -- is basically rather than using the term deferral, you'd use exemption, and if you took action, you would exempt anyone that comes in, until such time as a right-of-way or construction phase came into the five-year work program or a project serving Immokalee. And at the time you would stop the exemption and start the collection. COMMISSIONER CARTER: What is the economic impact? MR. FEDER: The economic impact over the last seven years -- basically, you've acquired about -- just under a million dollars over the last seven years. One percent of the overall collection is about 850,000 over the seven years, including 2002 right now, that we're Page 88 November 5, 2002 looking at projected, so you're about one percent. I will tell you that right now, with 1 lth Street North, which we have already encumbered, just about 200,000, and with the project development environment study, which we're advancing from state, this coming -- in this current fiscal year, between the two of those, we will be spending about a million dollars, which represents the seven years collection on those two projects. CHAIRMAN COLETTA: And that more or less takes care of the money that's been collected for all these past years? MR. FEDER: That's correct. CHAIRMAN COLETTA: So in other words, it would be a revenue neutral at that point in time. We'd be looking at future revenues to cover future projects. But what I'm saying is, because of the fact we don't have any guarantee when anything's going to happen, that's why I'm looking for the exemption. But I don't want to get out of line here. We've got -- Commissioner Henning's very patiently been waiting, Commissioner Coyle, then commissioner Fiala. COMMISSIONER HENNING: I have several questions. One, if we go with Commissioner Coletta's recommendations to exempt, if I build a golf course in that yellow area, would that be exempt from impact fees? MR. MUDD: We're only -- right now we're only talking about road impact fees. COMMISSIONER HENNING: Right, for the road impact fees. MR. MUDD: So if it's in -- if it's in that area and it falls under commercial, residential, it would be -- it would be exempt from impact fees. COMMISSIONER HENNING: So a golf course can be exempt from those? MR. SCHMITT: Residential, commercial or industrial. That's the way it is currently read. Page 89 November 5, 2002 COMMISSIONER HENNING: The -- Immokalee Road from 41 st Street to Immokalee is in the unfunded five-year? MR. FEDER: It is. Out in the cost feasible, it's in the five-year where we're advancing the state's project development environment study. That's about 800,000 1 mentioned to you, that million that we've got programmed right now. That is slated to be let this year. As soon as we have an agreement, the state could advance reimbursement. COMMISSIONER HENNING: The cost estimate for that project is? MR. FEDER: About 800,000. COMMISSIONER HENNING: Pardon me? MR. FEDER: Eight hundred thousand. COMMISSIONER HENNING: What about -- MR. FEDER: The exact, it's eight hundred and thirteen thousand, two hundred. COMMISSIONER HENNING: Okay. What about the construction of Immokalee? MR. FEDER: Construction, neither the right-of-way nor the construction are not (sic) in the five-year program at this time. The state has not put the design in. Once they put in the design, if the board so agrees, we'd try to advance that design with payback, but we don't have that program, nor do we have right-of-way construction, only the project development environment study, which we're advancing at this time. COMMISSIONER HENNING: If the five-year. MR. FEDER: That's correct. COMMISSIONER HENNING: So if we're going into the study, you would imagine we do it within the 1 O-year program, correct? MR. FEDER: Correct, I would hope so. We're trying to encourage the state to continue programming, allowing us to advance Page 90 November 5, 2002 and get reimbursement. COMMISSIONER HENNING: Do you have any idea what that cost would be for the construction? MR. FEDER: It's a very, very high-cost project. I'm talking probably in the tune -- depending on right-of-way, we're hoping with major landowners and the like out there, depending what comes out of the project development environment study, that we may get some assistance on right-of-way and retention life. But having said that, just a quick stab, I'm talking about 50 million, 60 million. COMMISSIONER HENNING: Okay. So let's say it's a conservative of $40 million to do the project, can you pull the impact fees from Golden Gate Estates to pay for those impact fees if we go MR. FEDER: You can go from an adjacent district technically to do that. We'd probably use gas tax and impact fees in that area. But yes, you can pull from an adjacent district if you can show a benefit to that district. That would be a question on Immokalee Road. COMMISSIONER HENNING: Okay. What would staff's recommendations be if we go with Commissioner Coletta's recommendations to exempt the impact fees in the Immokalee area? Commissioner Mudd-- or Mr. Mudd? MR. MUDD: Commissioner, staff's recommendation is to defer the program for a five-year period of time, and that's what's presented in the executive summary. Staff's position is we don't waive nor do we exempt impact fees. COMMISSIONER HENNING: So you're not recommending for us to approve Commissioners Coletta's recommendations? MR. MUDD: Sir, Commissioner Coletta's recommendation came to the dais after the executive summary was written, and you put me at a severe disadvantage, sir. COMMISSIONER HENNING: Well, I think that, like Page 91 November 5, 2002 Commissioner Coletta stated last meeting, that he depends on staff for their recommendations, and we should do what staff recommends. CHAIRMAN COLETTA: I don't recall saying that, Commissioner Henning. MR. MUDD: Commissioner, the staff recommended deferral for this particular case. Our -- based on our workshop that we had with you after we had the listening session, our plan was to come back to the board January, February, in the position paper that Mr. Schmitt prepared for the board to give us -- us, the county commissioners -- a series of options for economic development in February with some footprinted areas that we want to infill or stimulate, and we would talk about ways to -- based on their input to ad valorem, exempt some impact fees depending on how much they brought into the county after they came to the county and they brought that new business here. We plan to bring that to you in the February time frame, sir. COMMISSIONER HENNING: Okay. Well, the discussion, Commissioner, to refresh your memory, was on the Santa Logan (sic), and it was staff recommendations, and the board did not take staff recommendations, and there was quite a bit of discussion on your position of staff's -- CHAIRMAN COLETTA: Right. COMMISSIONER HENNING: -- recommendations, and I -- very clearly, it was across the board of, you're going to go with staff recommendations, so. CHAIRMAN COLETTA: You're absolutely correct, but there's no comparison between the two. We had a study done that cost millions of dollars to be able to justify a placement of a road, not impact fees which have to do with the social/economic welfare of a community. Actually, I could see where no direction was given to staff to Page 92 November 5, 2002 come back with a recommendation deferral, but I respect staff's opinion in coming back with it, and I want them to always be honest and up front at all times when they do make their recommendations to the commission. But I'm not taking away from your time, Commissioner Henning. COMMISSIONER HENNING: Well, I'll research the minutes and print them out for you. CHAIRMAN COLETTA: Well, that won't be necessary. They're just two unrelated subjects. But in any case, I stand by what I did. I think that we did the right thing by Santa Barbara, and I think that this commission's going to do the right thing for the people of Immokalee. There's no comparison between the two, and I know that you wouldn't be using this as a leverage over my head for previous decisions made. You're too much of a gentleman. Commissioner Coyle? COMMISSIONER COYLE: I think there's no question that we need to do something to stimulate development in the Immokalee area. I believe the staffs recommendation of a deferral is the appropriate action to take, and I would very much support it. I believe major departures from our policy of not granting exemptions must be very carefully weighed because they have implications that go beyond just the issue that we are considering today. There are areas in East Naples that are just as economically depressed as any in Immokalee. If we start issuing deferrals based upon that criteria, I think that we get on a very slippery slope, and it makes it very difficult to decide what we're going to do with them. Now, the point is that this commission and prior commissions have, in fact, spent lots of money in Immokalee trying to improve things, and of course the greatest example is Immokalee Airport. So there's no indication here that the commission has ignored Immokalee, but I would -- I would not favor an exemption for impact Page 93 November 5, 2002 fees here, but I would very much support a deferral, as the staff has recommended. CHAIRMAN COLETTA: Commission Fiala? COMMISSIONER FIALA: Yes, a few questions. From what I understood, if the exemption as you had requested were passed, and then they -- for some reason, economically or whatever, they decided to start planning that road from 43rd on in six months, then that exemption would stop anyway, right? MR. SCHMITT: Yes, ma'am, that's correct. COMMISSIONER FIALA: And so it wouldn't help the Immokalee community at all if-- you know, if that -- I mean, it would be wonderful to have the road widened faster, but then it really wouldn't be helping you. Secondly, if we -- can we -- would it even be possible to, like, exempt owner-occupied homes to encourage that and, yet, freeze and defer -- freeze at the present impact fee rates and defer the impact fees on business and commercial and industrial? Is that something that can be done? MR. SCHMITT: I think I would have to defer to the county attorney, because what we're dealing with here is the problem identified in the consolidated impact fee ordinance, which identifies the rational nexus, basically says, we're going to access impact fees on development that impacts our infrastructure, that creates a burden on our public facilities. To' kind of go down the road where you begin to identify -- and we could do that, we could do that through economic overlays or other type of instruments to weigh or defer, whatever you want to call it, if you want to call it deferral or a waiver or exemption. But what's been written here was a deferral. If it's going to be an exemption, my only caution is, what is that going to -- are we opening up Pandora's box -- COMMISSIONER FIALA: Yeah. I don't mean -- like Page 94 November 5, 2002 businesSes -- MR. SCHMITT: -- from the point of the impact fee ordinance. COMMISSIONER FIALA: -- I think the deferral gives them five years to start-- MR. SCHMITT: Yes. COMMISSIONER FIALA: -- making their money, and if we've frozen it at the rate of today -- and I don't know if that's -- that's another part of my question, no, we don't -- MR. SCHMITT: It would be at today's rate, yes. That's the current impact fee rate that-- COMMISSIONER FIALA: Freeze it at today's rate, and then just deferred for five years? MR. SCHMITT: Yes, ma'am. COMMISSIONER FIALA: So that helps the company get into business, start making money. They need a couple years to begin to make money, gives the Immokalee Chamber of Commerce and EDC and others a -- the opportunity to attract business to that area, and then they start paying afterwards, is that -- MR. SCHMITT: Yes, and there would be -- COMMISSIONER FIALA: The only thing I was concerned with were the -- Commissioner Coletta mentioned something about owner-occupied homes, and I thought, well, maybe he was trying to encourage more owner-occupied homes by exempting those. I realize it would be a bookkeeping nightmare, but I was wondering if something like that could even be considered where you'd exempt the owner-occupied homes but not the businesses, just defer. MR. SCHMITT: Again, I just would only caution that we would kind of vent that through the county attorney to make sure that we were not violating our own ordinance. And I know he hasn't had time, nor his staff, to look at the impacts. And when you look at Everglades City, of course, there is an exemption out there because there's absolutely nothing on the Page 95 November 5, 2002 program out there, nor is there in the very foreseeable future. Immokalee is different. Though there is nothing now, we know something is coming soon, maybe five, six or seven years, and that's the reason why we're saying, yes, moneys will need to be collected eventually to pay for the impact of growth and development in Immokalee. But I leave that to you-all to make that determination whether it's a waiver or a deferral. MR. FEDER: If I could, just a quick point. I think it's -- I will defer to the attorney, but I think it's dangerous turf if you start selectively exempting some groups and not other groups. If you're looking at the Immokalee area as being only one percent of your overall collections and, therefore, relatively de minimis, you might be in a position to be able to support that in general. If it's a deferral, then you don't have a question. You're providing an opportunity and you have other programs for that. But I think if you go selectively -- now, I will point out that we did establish-- and first of all, to your question, Commissioner, you asked, the existing rates, and those, of course, are the new rates as of November 1, just so that's clear. COMMISSIONER FIALA: Uh-huh. MR. FEDER: But you did establish two categories for homeownership as well for the lower income and smaller homes as an opportunity. That's not an actual answer, but I'd just remind you of that as well. And legal may want to advise you, but I think what I've been told and what I understand, you don't want to take some groups in and some groups out. That subjects your whole impact fee to possible challenge. CHAIRMAN COLETTA: Commissioner Carter? COMMISSIONER CARTER: I'd like to hear from the county attorney first. MR. WEIGEL: Thank you, Commissioner Carter and Commissioners. Page 96 November 5, 2002 Well, both Joe Schmitt and Norman Feder are correct in the sense that we have to be very cautious in the area of deferrals and exemptions in any event. Now, historically you may recall we had an exemption for road impact fees several years ago in our impact fee ordinance for roads where we exempted the hospital, Naples Community Hospital, based on findings that it served a government purpose for being there, and that's the kind of nexus, to use that legal word, that connection that it was, in fact, designated by findings and by the law as written that, in fact, it was providing a service that the county at that time recognized was or should be considered at that time a government service. And so it could easily withstand challenge. It was never challenged. But as we go forward, if we look at similar situations throughout the county, if there are similar situations, whether it's residential, single-family housing, or the commercial or multi-family areas, East Naples, Immokalee, other areas of the county, we must treat them -- probably be subject to arguments of equal treatment or it's a denial of equal protection under the laws, and that's where we would be advising you that if you want us to come back to you with an analysis and with a projection of an application in the county, we'll probably need to do it beyond merely Immokalee so that we can craft for you 'an ordinance that will withstand contest. Because some people may feel that, why are they not getting the same benefit, that is either deferral or exemption that we have here. I think that that can be done. It requires analysis, and then, kind of, the chips fall where they may. CHAIRMAN COLETTA: Mr. Weigel, wouldn't it be rational to be able to have them exempted for the simple fact that they're not receiving a direct benefit? MR. WEIGEL: That's -- clearly if we can make that kind of finding, that there's no benefit, then not only is exemption appropriate, but it's probably recommended because we wouldn't able Page 97 November 5, 2002 to defend the exaction of the fee if we cannot show that they're making the impacts that we're attempting to access them for. CHAIRMAN COLETTA: Isn't it true that Everglades City, who's exempt now, and Immokalee are almost equal distance to a four-lane highway? MR. WEIGEL: Well, that may be the case. I really can't response to those factual -- CHAIRMAN COLETTA: Well, what I'm trying to do is just draw a comparison. I'm sorry, I didn't expect you to respond to it. MR. WEIGEL: Yeah. CHAIRMAN COLETTA: It's just that what we're doing is, we're not asking for an exemption because Immokalee is disadvantaged. We're asking for an exemption because of what we actually receive. Now, if you're saying we should pay for benefits we're going to receive sometime in the future, all fine and good, but there's no guarantee those benefits are going to come. There is no road project that you can say is going to happen 'till it gets to the five-year mark and it's vested. Other than that, it's up for grabs. So are we going to be able to feel comfortable charging these people an impact fee and then -- for something in the future that may or may not be there? That's the question I think that we're really looking at. It has all sorts of side benefits about the spurring on the economy of Immokalee, giving them a jumpstart in a time when they could really use it, redirecting growth to that area, helping business out. We're losing people at the airport -- at the airport right now that were planning to come in, they've been negotiating with them, have pulled up stakes and left, and you heard it from own EDC director when they were here, about the problems in Collier County when it comes to this. Page 98 November 5, 2002 In this particular case you can justify it very simply by saying, what is the benefit received for what we're getting, for what we're paying for? Commissioner Coyle? COMMISSIONER COYLE: I think we're straying into very dangerous territory here when we start trying to base our decisions on what we as a neighborhood are getting from whatever taxes or revenue are collected from our area. I will remind you -- I know what the response is going to be, that the rich people on the coast can afford it. But I will remind you that they pay a very large percentage of the cost for Collier County, and I do not want to get into a debate with those communities about how much they're getting for their contribution in taxes and impact fees. Because if we start allocating services based upon what somebody in a neighborhood pays, we're going to get into real trouble here. The point is that it is not all equal. It is not all fair. It's very much like an insurance policy. Everybody pays in their fair share on the insurance policy, and then when you-- you have damage of some kind, then the insurance policy pays out. The same thing is true of the impact fees. We should not try to draw lines around what area has a roads program for building and what areas are not. We all put money into the pot, and that pot is used to pay for roads. And I would suggest to you again that there are a lot of people in my district who never travel on the roads that are being constructed now. There will probably never be another road construction project in District 4. But if we start saying that you should collect fees on the basis of what you're getting for them, then I think it's a very, very dangerous position to get placed in. CHAIRMAN COLETTA: Why don't we go to the speakers at this time. How many do you have? Page 99 November 5, 2002 MS. FILSON: Mr. Chairman, we have eight speakers. The first one is Tammie Nemecek. She will be followed by Raymond Holland. COMMISSIONER CARTER: Before you do that, Mr. Chairman, I'm going to withdraw my second because I'm not convinced that that's where I want to go on this, so I think you're going to have to deal with that prior to getting a -- CHAIRMAN COLETTA: Okay. I understand, Commissioner Carter. And in that case, the motion for an exemption at this time has failed. Please continue. MS. NEMECEK: Good afternoon. I'm Tammie Nemecek. I'm the interim executive director for the Economic Development Council. I'm here today on behalf of the EDC board of directors and our membership. The mission of the Economic Development Council of Collier County is the retention and creation of high-waged jobs for all of Collier County. Our current programs recognize the unique challenges of growing and attracting quality companies within the enterprise zones of Immokalee, in addition to Everglades City. Through the enterprise zone designation, special criteria have been established for companies to qualify for local programs such as fast track regulatory programs and state programs such as the quick response training and the qualified targeted industry tax refund program. As areas such as Immokalee require specific programs to entice companies to consider relocation or expansion there, the EDC has worked with the county to provide special services to any business which will provide additional jobs within the enterprise zone. The need for these jobs is clearly shown by the unemployment rate within the community. According to the most recent data, Immokalee has an unemployment rate of 12.6 percent, compared to Page 100 November 5, 2002 all of Collier County at 3.6 percent. While the unemployment rate remains high, Immokalee's work force grew at a higher percentage rate than the rest of Collier County. Immokalee grew at 23 percent between 1996 and 2000, faster than the rate of Collier County at 22 percent. New companies, new job opportunities and better opportunities for upper mobility are undeniably needed in the community. Higher road impact fees which have been implemented seriously impact the ability of the EDC to attract new business to Immokalee and will hinder the ability of existing companies in Immokalee to expand. These impact -- road impact fees certainly offset any services which we can provide to businesses locating in the enterprise zone. To allow greater economic opportunity, the road impact fee exemption should be added to the benefit in the Immokalee area in addition to the deferral for both work force housing and economic development projects. The greater cost of locating a business or residence in Immokalee opposed by the increase, in road impact fees further detracts from the ability to Immokalee to sustain and grow. Implementation of a geographic overlay for the Immokalee area to mitigate road impact fees for both work force housing and economic development projects will help the EDC and Collier County in its mission to grow new jobs for the Immokalee community. The EDC board of directors and its membership encourage your approval of the impact fee deferral program and further strongly recommend you to consider the impact fee exemption as an added inducement for economic diversification in Immokalee. Thank you. CHAIRMAN COLETTA: Okay. We have two commissioners who would like to possibly address you. Commissioner Coyle? COMMISSIONER COYLE: I would just like to make a motion Page 101 November 5, 2002 that we 'approve this ordinance granting the impact fee deferral in accordance with the staff's recommendation. COMMISSIONER FIALA: I'll second that. CHAIRMAN COLETTA: Okay. We have a motion from Commissioner Coyle, a second from Commissioner Fiala, to follow what's on the agenda for staff recommendations, but we will vote on -- at the end when we finish hearing from everyone. Thank you. COMMISSIONER HENNING: Tammie, before you go away, I do have a question. CHAIRMAN COLETTA: Commissioner Henning? MS. NEMECEK: Yes. COMMISSIONER HENNING: You said the -- it's hard to create businesses in Immokalee and Everglades City? MS. NEMECEK: Everglades City is not subject to the road impact fees, so what we're talking about is the enterprise zones. The enterprise zone in Immokalee allows us to give special criteria to companies locating in that enterprise zone, such as -- really we waive the average wage criteria as well as the target industry list that we implement for the rest of the urban core, because to us, any job in Immokalee is a job in Immokalee. The issue that we find with Immokalee is that we have incentives. We have a list of probably 15 to 18 opportunities for companies to locate in that community. And the added cost of the road impact fees, which have doubled now -- we have a company located in the urban core which the cost of the impact fees was about 660,000 for Collier County versus about 250,000 for Lee County. It is an added hindrance to our ability to attract companies to the Immokalee community when you add on top of that the other infrastructure issues that we have there as far as work force development. We need to provide an inducement for companies to locate in that community over and above the rest of the community. COMMISSIONER HENNING: Okay. You didn't even come Page 102 November 5, 2002 close to answering my question, but that's okay. CHAIRMAN COLETTA: Commissioner Carter? I thought she answered it very well. COMMISSIONER HENNING: No. CHAIRMAN COLETTA: Commissioner Carter? COMMISSIONER CARTER: There's nothing that I have heard in this discussion, and the county attorney can correct me, that would preclude, once you have the deferrals, that if you have a company that the numbers were to, again, justify coming back and requesting to the Board of County Commissioners that they become exempt -- what precludes the board from looking at each one of those and saying, here's an area and it does merit that discussion? Tell me where I'm wrong, Mr. Mudd? MR. MUDD: Commissioner, nothing -- nothing precludes that from happening. And in February when we come back to you, we plan to have a process and a set of policies so that can happen, and it can -- and it can transpire based on an audit by the tax collector or whatever, based on ad valorem dollars that are brought into the community from that company, and there can be some percentage of exemption to the impact fees that have been deferred. We plan to bring that back to the board so that we can further stimulate those areas that need to be stimulated as far as -- COMMISSIONER CARTER: So that puts the tools in the toolbox. We're just a little bit ahead of ourselves here. You're taking the first step to get what you want, and then you're going to get the additional tools of the toolbox. I won't be here for that discussion, but I hope my successor will support those tools. MR. MUDD: Yes, sir. And it will be a series of overlays, so it doesn't necessarily mean it will just be Immokalee. It could be -- it could be Golden Gate City, down Golden Gate Parkway, it could being be along East Naples along U.S. 41 along that corridor there, depending on the wishes of the board. Page 103 November 5, 2002 CHAIRMAN COLETTA: Next speaker, please. Thank you very much. MS. FILSON: The next speaker is Raymond Holland. He will be followed by Richard Nogay. MR. HOLLAND: Mr. Chairman, Commissioners. Good afternoon. I'm Raymond Holland, the president of Immokalee Chamber of Commerce, the area president for Florida Community Bank, I'm the chairman of the ED -- EZDA, the vice-chairman of the CRA subcommittee, I'm on the board of directors of Senior Connections of Southwest Florida, I'm on the board of directors of Goodwill Industries of Southwest Florida, I'm on the board of directors board of the Collier County fair, involved in the Weed and Seed, and a few other little things. I only mentioned that so you know I didn't fall off the tomato truck on the way over here from Immokalee. There are a total of 31 -- where'd Coyle go? COMMISSIONER FIALA: He went out with the county attorney. MR. HOLLAND: Well, he's the one I really need to talk to. There are a total of 31 different census tracks in Collier County. Of thoSe, four are moderate income and two are low income. Of the four moderate income areas, two are in Immokalee and the other two are located between Highway 29 and County Road 951 and north of 41. Buried between 951 and 29 has a median income of $46,000 and $53,000 respectively. The two in Immokalee are $36,000 and $35,000. Of the two low income areas, one is in Immokalee and the other is a very tiny area in Naples. We have a little teeny-weeny map here. I can show it to you. You can't even see it. It's a teeny-weeny little area right there for Naples. In Naples the low is $23,000, and in Immokalee, the low is $22,000. Immokalee has only three census track areas, and of those, Page 104 November 5, 2002 two are moderate and one is low. Immokalee has no middle or no upper income census track areas. Upper ranges from just under 100 to over $200,000 in the remainder of Collier County. Middle income areas are in the mid 50's as the low point, up to the 80's and higher. Now, this is all data -- current data that I've gotten from the federal statistics. Below the poverty line in Immokalee is 57 percent in the low, 36 percent in the one moderate, and 35 percent in the other moderate. That's below poverty level. As a baseline, the HUD median family income is $69,800. Clearly, Immokalee cannot afford more impact fees. That's reason number one for an exemption for impact fees for Immokalee. Number two, and probably more important for our discussion today, is that there are no roads planned for Immokalee, therefore, there is no impact. There is no reason to collect an impact fee when there is no impact. They took if off the thing. I saw a little thing up there a minute ago talking about, that impact fees are to pay for the impact that's caused. CHAIRMAN COLETTA: Could you put it back on again, please. MR. HOLLAND: So there we have it. First off, Immokalee cannot afford the increase, and even if we could -- CHAIRMAN COLETTA: No, the verbiage right there. There you go.' Thank you. MR. HOLLAND: Clearly Immokalee cannot afford an increase. It's an impoverished area. But if we could afford the increase, the increase is not warranted, so, therefore, we're asking that Immokalee be exempted from road impact fees. Thank you. CHAIRMAN COLETTA: Thank you, sir. MS. FILSON: Your next speaker is Richard Nogay, and he will be followed by Binny Starling. Page 105 November 5, 2002 MR. NOGAY: Good afternoon. My name is Dick Nogay, and I'm president of Jubilation Development Corporation as well as Harvest for Humanity in Immokalee, a member of the board of directors of the Immokalee Civic Association, active in the Chamber of Commerce, Weed and Seed, and a number of other groups in the Immokalee area. My wife and I, Florence and I have been there the last six years. And as most of you know, we are the founders of Jubilation and are building the new Jubilation affordable housing development, first traditional neighborhood in all of South Florida. Over the past several years, we have worked with up to -- about 500 families in Immokalee have come to our doors seeking new housing, decent housing. Most of that through their inability to be able to pay mortgages, either income issues or credit issues. But in every case, we work with these families to secure -- help them secure mortgages through the mortgage banking community. So we have substantial ties to Huntington and SunTrust and First Union, all of the banks in the area that are trying to assist families purchase a home at an affordable level. I can tell you in talking to those banks that a deferral on impact fees will be a deterrent to new residential growth. They will not look at this as something that they will encourage families to obtain a mortgage for, because it will be a balloon payment that will be required five years down the road. At the time these families probably will maybe even be in less position to be able to pay. So this is not something they're looking at that would help in down payment assistance, it would not help them obtain a mortgage. And if anything, it will act as a deterrent. So if we're going to be doing something to stimulate growth -- and I think we're all on the same wavelength here. I think the staff and you folks are trying to look at Immokalee as an area that needs stimulation, but there's a disconnect between what we'd like to do in Page 106 November 5, 2002 the way of stimulation and what's actually being done. Let's not take action that's going to actually reverse the process that we're all in Immokalee dedicating ourself to achieve. That process is rebuilding that community. And that build Immokalee initiative and that build Immokalee committee is part of the task force group that has been meeting week after week after week in Immokalee. So I normally get up here and speak for myself, and I don't like to be saying I speak for other people, but I can tell you that I don't know of anyone -- and that's not to say there isn't someone -- that's for deferral right now. And these are the businessmen, these are the community leaders, these are the people that are trying to make Immokalee work and trying to rebuild Immokalee. A deferral is not only not appropriate as a stimulus, but it actually runs counter to what we need to do in terms of positive incentives, build incentives for Immokalee. Those positive incentives, growth incentives, need to be in the form of exemptions. An exemption, folks, is a win-win. An exemption wins because we get growth and we get alternative revenue sources. And no one on staff-- and I believe it was addressed earlier that we're going to go down the road now and we're going to do a little bit more evaluation, and that evaluation needs to look hard at getting the cart -- not getting the cart before the horse. If there's nothing there to begin with, then we have nothing to lose. We're not losing impact fees if we're not going to get any growth. And what's happened, as you can see from the numbers, that we haven't had that growth. So why keep imposing impact fees on a community and pounding it into the ground all these years when the growth is -- can't come? So how do we get the growth? Well, we need to provide the kind of incentives that bring business, not just residential, but commercial, industrial and retail business, to Immokalee, because Page 107 November 5, 2002 there are alternative revenue sources that will be stimulate -- that will offset any loss of impact fees which we wouldn't see anyway if we don't do something to exempt impact -- road impact fees at this time. So I would really like to see, if you're not going to do the exemption, take no action. That's better than the deferral. And ask your staff to look at alternative source revenues, alternative source revenues that would act as the substitute for road impact fees. These source rev -- alternative revenues would be ongoing annual revenues in the form of taxes, sales taxes and in not -- and incomes in payrolls that are going into Immokalee workers right now that are fleeing to Hendry County and Lee County every day. The majority of those teacher payrolls and a lot of the higher payrolls in the county are leaving Collier County. We're not getting the benefit of that. These are the kind of alternative evaluation resources that we need to make Immokalee grow, and that-- if we have an exemption, we've got a win-win, because we get growth and we get alternative revenues. If we have a deferral, we have a lose-lose. We get no growth and no impact fee. Thank you. CHAIRMAN COLETTA: Thank you, sir. MS. FILSON: Your next speaker is Benny Starling, and he will be followed by William McDaniel. MR. STARLING: My name is Benny Starling. I'm with the Immokalee Chamber of Commerce. And first of all, I would like to thank Commissioner Coletta for his kind words and encouragement that we have for our people in Immokalee, and I do hope that the other commissioners will reconsider and look at this issue very carefully. My little speech is somewhat different from everyone else, because I do not want to repeat what's been said, but I certainly -- Mr. Nogay, those comments are -- everyone in Immokalee feels the Page 108 November 5, 2002 same about the comments that Mr. Nogay made. But I'm just simply here just to tell you that Immokalee is a unique and different place in our county. We live in a county of the haves and the have-nots. And Mr. Henning said something about East Naples. I don't think you can consider East Naples the same as Immokalee, because where Naples has 75 percent, roughly, middle to upper income and 25 percent of lower income, Immokalee has 75 percent lower income and 25 percent middle and upper income. So I think it's -- that is -- would not be a correct evaluation there. But I would say that what we're concerned about is that we still have people in Immokalee that are hard-working people. And what I am afraid is going to happen in the Immokalee area is -- year after year we have seen large farmers, we have seen many migrant workers stop coming to Immokalee -- and what's going to happen, it's going to affect us all, because what is going to happen in this area is that our migrant workers that we have in Immokalee that work very hard for their money and everyone knows that -- and I hope to God that I never have to do the work that they have to do -- but we all reap the benefits. We love the benefits for what they do for us each day. And it's going to come a point in time that if things continue like that in Immokalee, we're not -- there's not going to be an Immokalee. There's not going to -- we're not going to be the agricultural capital of Florida. That's not going to happen. When we still have children that live in cars with their parents and we have people that are paying seven and eight hundred dollars a month for a 10-by-50-foot trailer where there are three or four families, and eight, nine, ten children living in a trailer, that is a shame. And I tell you what, today, reading the ballot, I think it is a disgrace to our nation, our state and our county that we would have Page 109 November 5, 2002 something on the amendment, 10, for us to find a place to protect a pregnant pig and how she was going to live when we have people in Immokalee living the way they do. And I appreciate whatever you can do. And we would love for you to come out to Immokalee. We're proud of Immokalee. We're proud of all the hard-working people that we have there, but we want them to have the very best life that we have also. CHAIRMAN COLETTA: Thank you, sir. MS. FILSON: The next speaker is William McDaniel, and he will be followed by Fred Thomas. MR. McDANIEL: Good afternoon, Commissioners. My name is Bill McDaniel. I'm president of a realty company and also president of Big Island Excavating, a mining company on 846 on the way to Immokalee. I come here today -- I serve on the task force, the Immokalee Road impact fee task force. I was invited to serve on that committee by Raymond Holland, who spoke ahead of me. And I wanted to share with you just a couple of thoughts. From a beneficial standpoint, I really have no economic benefit or real emotional benefit one way or the other with respect to these impact fees. But looking at the community of Immokalee, which I have endeavored to do business in that community, sell real estate in that community for the past 20 years, the deferral program that staffs recommending is very counterproductive. The additional implementation of a fee for a single-family property owner to have to be paid at a later date when, as Dick said earlier, they can barely afford what it is that they're getting now, is going to be prohibitive from a lending standpoint. One of the main criteria to buy a home is to be able to get a loan. And if the lender's not interested in financing that or making appropriations for the payment of that fee that's going to become due in -- five years from now, it's going to be prohibitive for residential development. Page 110 November 5, 2002 Commissioner Fiala, you suggested an exemption for residential single-family homeowners and not for businesses, and I suggest a thought there with respect to rent revenue generation from the -- and the disparity between the two communities. In Immokalee -- and I don't have very, very good statistics. But in Immokalee your average rents for commercial property are eight, ten dollars a square foot, where here in Naples, in Collier -- over on this side, they start at 15, and my goodness, they can go to whatever you want to pay. And because of the -- and it's a personal statement -- the excessive increase in impact fees that have come about in the most recent past, the revenue generation between the two communities really doesn't allow for a -- for this type of a program. Deferring those fees off to a later date isn't necessarily going to spur the differentiation in the rents received between the two communities. One other point that hasn't necessarily been made, and it's a thought for you to consider as well, is the annuity that comes from ad valorem taxation. The goal here is not to provide any great advantage for one particular community in relationship to another. It's a general consensus that Immokalee requires, needs some assistance in a spurt of growth, and of the avenues there that comes as an aggregate benefit to the community far in excess of the road impact fees that we're asking for an exemption on, is the ad valorem taxation that will come if we allow an opportunity. Commissioner Henning suggested the building of a golf course in that area. There could be nothing better happen to that community than to have a golf course come out there, from an ad valorem standpoint. Think of the ad valorem taxes that are going to be derived from a community that was built in that particular area. To that end, I thank you-all for your time. CHAIRMAN COLETTA: Thank you. MS. FILSON: The next speaker is Fred Thomas, and he will be Page 111 November 5, 2002 followed by Bill Klohn. MR. THOMAS: What I have here on this screen -- Fred Thomas, director of the Collier County Health Department. What I have on the screen is a map of Collier County. When you-all think of the problems you have on Immokalee Road and the impaction of it, you-all need to understand where that impact is coming from. The fastest growing area in this county of single-family homes is south of Immokalee Road up by Everglades City, down Everglades City, DeSoto and what have you, all down this area down in here. Rapid growth. If you go on, Mr. Feder, and widen 846 up this way, I guarantee you in 10 years you're going to have to widen 858 down here, because that's where the impact is coming from. There's no growth going above this road up here, and here's where 43rd Street is coming out. Now, the reason why I bring that to you is this, first I think you need to go this way with it, but the impact is not coming from Immokalee. It's coming from down here. That's number one. Number two, look at your tax bill. My millage rate is 16.3. The average millage rate across this county is bout 15.4. The only other millage rate in the county that's higher than ours is 20 mill cap in the -- Everglades City. So from a standpoint of what we can afford to pay, Mr. Coyle, we're paying more than the average citizen across this county, okay? Nogay -- Dick Nogay was right, deferrals will hurt us. I know I'm from New York City, but I've learned what agriculture's known all along. You plant a seed, you can have a harvest. You-all spent all that money planting seeds in the Immokalee airport. The Collier family spent all that money planting seeds in some industrial parks, and now we don't want to fertilize. Now we don't want to water. If we're going to gain the annuity, the long-term annuity of a Page 112 November 5, 2002 higher tax base, we've got to jump start it somewhere. We've got to bring in that 200-employee company. We've got to encourage people to buy homes in Immokalee. Does it make sense to pay $15,000 for a lot in Immokalee and almost $8,000 worth of impact fees when I can go 10 miles away, 15 miles -- five miles closer to the Wal-Mart in Lehigh Acres and get a -- less than a thousand dollars for-- couple thousand dollars for a lot and less than $500 in impact fees, then the money only circulates in Collier-- in Immokalee like it circulates on the coast, one time. Employer to the employee and outside the county. So we lose the sales tax, we lose the gas tax, we lose all that. We have to -- you planted the seeds, we have to fertilize. We have to increase the tax base. We're talking about doing that increase at a time when companies -- communities all over -- across this country, work very hard to compete for large employees to come. They work very hard for them. You know, you've got BMWs being built in South Carolina, you've got Mercedes being built in Georgia now, because those towns, not only they don't have impact fees, not only do they build roads to get to these plants, not only do they go to the technical schools and say, we want jobs -- training for the employees of these plants, but they abated taxes. We're not asking for abatement of taxes. We're only saying, exempt us from impact fees so we can built up the tax base so we can be a greater contributor in this area. We're doing the best we can, but it's very, very difficult, and we need to understand truly what's impacting this road out here that you're so much concerned about. And if you're go in and do it this way, I guarantee you in 10 you're going to have to come back and do this. Because in order for these people to go east, they've got to go out this road. In order for them to get out, they've got to come out this road. I'm just expressing that to you. Thank you very much. Page 113 November 5, 2002 COMMISSIONER HENNING: Commissioner Coletta, you want to continue this discussion? I know you said you had to -- had a two o'clock-- CHAIRMAN COLETTA: No, I called up there. As long as the judge shows up, they'll have a quorum to be able to count the absentees. I'm not going to leave this until it's absolutely necessary. This is the most important thing that I can think of that's come down in a long time. Please continue. MS. FILSON: The next speaker is Bill Klohn. He will be followed by Barbara Cacchione. MR. KLOHN: Good afternoon, my name is Bill Klohn. I am president of the MDG Capital Corporation. We're the developers of the new Arrowhead Community in Immokalee. As you recall in August, you approved our PUD to be the largest affordable housing community in the history of Collier County. I don't want to be redundant and repeat some of the things that my friends have said. I want to just reiterate very strongly that the difference between a deferral and an exemption is huge, and ask that you support the exemption today. The deferral is a five-year whirling bullet ready to hit the home buyer in the back of the head, to have a fee due immediately, and as said earlier, the lenders do not look favorably at a deferral and look at financing a home purchaser as though the impact fee was in existence, because of the fact that it would be coming due in five years. Please support the exemption. Thank you. MS. FILSON: The next speaker is Barbara Cacchione, and your final speaker is Tom Ryan. MS. CACCHIONE: Good afternoon, Commissioners. For the record, my name's Barbara Cacchione with the Empowerment Page 114 November 5, 2002 Alliance of Southwest Florida, and I represent the Immokalee community as part of that alliance. The county, along with the federal government, the state government, entered into a partnership for the redevelopment of Immokalee. That partnership started way back in '98, and we're working strongly towards that. The rational nexus to treat Immokalee different is very clear. It is a federally designated enterprise community, one of 35 in the country. It's a state-designated enterprise zone. It is one of 20 front-porch communities, and it is also looked upon in the county as being an area that has -- deserves some special attention. For these reasons, it is very important to bring together the incentives that will create growth in that area. Having higher impact fees will not do that in that area. The county has some very important investments in that area, including the airport authority. That is an area we'd like to see grow and develop. The partnerships that are working out there are working and they're working together to bring resources together to create that kind of growth. It is a long-term process. If you will look at the '90 census figures and compare those to the 2000 census figures, you'll see that progress is being made. We've reduced our poverty level by six percent in that community, which is very large. But the one fact remains when you look at why that area should be treated differently. I'm just going to give you just a couple statistics. Thirty-four, thirty-five percent of the families live below the poverty level. Compare that to Collier County at seven percent. Per capita income. The per capita income in Immokalee is $8,500. In Collier County it's 31,000. Those are some very strong distinctions that you need to create special incentives for that area, because we want to see the growth, we want to see the development in that area. It is an area of working families. Page 115 November 5, 2002 You will find very few cases of people on welfare in that community, very few. And they do not depend on government subsidies at all for their existence. They are working families. And I think those are the reasons that we should look at all the incentives we can to further that. One very important statistic, I think, is when you look at also the household income. The household income is 24,000 in Immokalee compared with 48 in (sic) the coast. I've done demographics in Collier County for 20 years, and I can tell you there is no area in the whole county anywhere that has these kind of differentiating characteristics in any part of your community. You could look at education. Seventy-six percent of the population over the age of 25 doesn't have a high school education. Are we going to attract high-wage jobs? Probably not. But we are going to attract jobs that will provide work force skills to the work force that are there. Higher wages than, perhaps, agriculture pays. I think another important reason, separate from the fact that we should be creating incentives for that area, is the fact that the Collier County MPO has never done a road transportation plan for the Immokalee community. You have modeled the coastal area. The Immokalee area was outside of the MPO. It has never been modeled. There has never been a description of the future road improvements that are necessary to match that future land use map. It is something that has been placed in your Immokalee master plan for quite some time, but it has never been done. So you don't even really have a good idea of what the road needs are in that community because they have never been studied to any great degree. You're currently modeling the Golden Gate Estates area, but it has never been done for Immokalee. So to assess an impact fee at this point in time does seem a bit premature, at least. And finally, there's one important statistic that I think gives Page 116 November 5, 2002 consideration for the single-family home ownership. I think everyone in this room agrees that having a community that has a lot of home ownership is very important to the stability of that community. That is something we've been working hard to change. You will see now five major projects going on in that community for housing development. That is the most in the 15 years I have worked in that community, that has been going on. And in one important statistic from the 2000 census is we have 60 percent of our current population in renter-occupied housing. We want to move that to a more permanent, more stable, more vibrant community, and I think with the help of this board we'll be able to do that in granting the exemption. Thank you. CHAIRMAN COLETTA: Thank you. MS. FILSON: Mr. Chairman, your final speaker is Tom Ryan. MR. RYAN: I'm Tom Ryan, 1905 8th Street South in Naples, Florida. In my duties with Collier Harvest for the past 10 years, I spent a fair amount of time in Immokalee. I hear some of the commissioners comparing Immokalee to other parts of the county. Folks, Immokalee defies comparison. There is only one Immokalee. I'm afraid unless the exemption is given at least in the residential area, some of the critical programs like Habitat for Humanity, which have done so much good for the poor people in Immokalee, will be severely crippled, so I urge you, give Immokalee all the help they can. They really need it. Thank you. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Mr. Chairman, I have found this public input to be very convincing, and I would like to withdraw my motion to approve the deferral and, instead, make a motion to disapprove the recommendation the staff has made and to ask them to present to us the list of incentives which they're working on so that Page 117 November 5, 2002 we might able to provide specific incentives to specific developments or companies that will have the greatest economic impact on Immokalee. COMMISSIONER FIALA: I'm just -- CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: -- going to add right now, my button was also on because I was going to withdraw my second. I found the same, the information given to us by all of these people really helped me to see it in a different light. And so I, too, withdraw my second. Thank you. COMMISSIONER COYLE: Is it-- COMMISSIONER FIALA: But I have made another motion. Yes, and I'll second that, yes. COMMISSIONER HENNING: Well -- CHAIRMAN COLETTA: We're coming to you, Commissioner Henning. Go ahead, Commissioner Henning. COMMISSIONER HENNING: Well, thank you. There are other areas, like Mr. Mudd has stated-- Commissioner Coyle has stated, there are other areas in Collier County that might not be exactly like Immokalee but very similar to the needs, and I hope that you would include in your motion other areas like that. COMMISSIONER COYLE: Yeah, absolutely. I think the toolbox, as Commissioner Carter has termed it, is essential and it can be used for other neighborhoods in Collier County, and in coordination with the EDC, because I think that's one of the things that has been lacking in the process. Our objective, I think, should be to target those industries and/or types of development or types of housing that are of most benefit to the particular community that we're trying to address. And if you present to us a range of options and incentives, I think that would be more effective than an impact fee deferral or exemption. So I believe Page 118 November 5, 2002 that we need that toolbox, and I would suggest that we not proceed with this particular item until such time as we have that information. COMMISSIONER FIALA: Oh, wait a minute, wait a minute. Maybe -- now, so tell me what your motion actually is. COMMISSIONER COYLE: Okay. It is -- well, let me try to explain it, and then I'll try to make the motion again. But I've been convinced that the deferral is not a good idea. I still feel that the exemption is not a good idea when it's applied on a blanket basis. What I would like to do is have the staff come to us with the recommendations they say they're already working on which will provide us a complete range of incentives that we can use, which would include exemption of impact fees, that will target the specific community with the specific kind of development they think they need in order to improve the community itself and to create the jobs so that people get, hopefully, higher paying wages and can afford better housing. So basically, that's what I'm going to. CHAIRMAN COLETTA: Let me repeat it back, Commissioner Carter. COMMISSIONER COYLE: Coyle. CHAIRMAN COLETTA: Coyle, excuse me. Normally these come from Commissioner Carter. COMMISSIONER COYLE: Oh, I see. Okay. All right. CHAIRMAN COLETTA: But do I understand you-- COMMISSIONER CARTER: You're going to miss me, boy. CHAIRMAN COLETTA: We've got to be nice to you, Commissioner Carter. This is your last meeting. No, on second thought, we don't have to be nice to you. No, we do. We do appreciate the fact you're still here. COMMISSIONER CARTER: Fourteen days, thirty-seven minutes -- CHAIRMAN COLETTA: Commissioner Coyle, I find it Page 119 November 5, 2002 heartening to the fact that you want to continue the option open for exemptions, and if staff could come back and present something that would make logical sense to the rest of the commission, then exemptions may be a way that we could go. COMMISSIONER COYLE: An alternative. CHAIRMAN COLETTA: As an alternative. One of many different alternatives? COMMISSIONER COYLE: Yes. CHAIRMAN COLETTA: Okay. Do you understand the motion? COMMISSIONER COYLE: Commissioner Carter made that suggestion early on. COMMISSIONER FIALA: Yes, yes, he did. And how do you feel about that? CHAIRMAN COLETTA: Well, I was kind of hoping we could reach a -- COMMISSIONER COYLE: Who cares? COMMISSIONER FIALA: I care. CHAIRMAN COLETTA: Oh, I tell you. I feel like family here. COMMISSIONER FIALA: It's breaking down quickly now, folks. CHAIRMAN COLETTA: No. I would love to have reached a conclusion on this today as far as an exemption, but obviously the commission doesn't feel comfortable with it, and I expect their -- respect their opinions, even though I disagree with them. Respect it very much, but I appreciate the fact that Commissioner Coyle has left the door open for consideration to be able to -- obviously staff didn't come here with the idea of an exemption. That's absolutely true. And so because of the fact that they didn't come with it, we can't really explore the possibilities in depth what it would mean. So if they were to come back at a -- hopefully a future date, Page 120 November 5, 2002 which would be very close in time to this meeting, I could very much support your motion, Commissioner Coyle, and I thank you very much for it. MR. SCHMITT: Mr. Chairman, can I just kind of clarify, because the speakers all certainly point out very -- certainly heartening statistics, but I want to make sure we understand. We talked about affordable housing. The existing affordable housing initiatives are still in place. We still have those programs and we implement those, so the references to habitat and other activities, as you well know, this county gives a considerable amount of money through its community development block grant program and its SHIP program with that. But I also want to make sure we understand, impact fees are based on impact, not on income. That's -- don't get down the slippery slope of focusing on income because that -- as the county attorney pointed out, we have to make sure that we are -- the proposal is both defendable and defensible when challenged by others who want an exemption, and that's why staff created the proposal today. And, of course, we talked about needs and we talked about benefits. This was just one aspect of trying to answer a problem that is in the Immokalee area and that is trying to kick the can further down the road when we're talking about impact fees. And we understand, it is a pretty sharp knife or sword hanging over someone's head, that five years later they've got a balloon payment due. CHAIRMAN COLETTA: Exactly. MR. SCHMITT: But we -- when we talked about this during our impact fee workshop and we talked about it during the public meeting we had about impact fees and we presented-- I presented to you the after-action report with several proposals. Mr. Mudd talked about the economic development piece that we would -- we were talking about bringing back to you. Page 121 November 5, 2002 In order to go with an exemption for this area, we would have to designate in some manner the Immokalee area as some kind of a development zone or some kind of impact free zone, and that -- I think that's going to take a little research for us to make sure that we can do that. CHAIRMAN COLETTA: If I can-- COMMISSIONER COYLE: Can I finish? CHAIRMAN COLETTA: Yeah, go ahead, Commissioner. COMMISSIONER COYLE: Well, let me clarify something, Joe. CHAIRMAN COLETTA: we'll get right to you. I'm sorry, Commissioner Carter, COMMISSIONER COYLE: I'm not proposing a blanket exemption. I'm suggesting exactly what Jim Mudd suggested earlier, that you're developing a number of incentives, including exemptions, that could be targeted to specific circumstances, not necessarily to geographic areas. I would like to do everything we can to create higher paying jobs in Immokalee. And, quite frankly, the rest of the problems would pretty much take care of themselves at that point in time. So. if we could develop that toolbox, as Commissioner Carter has aptly termed it, then we could target those kinds of things in coordination with the EDC and the empowerment alliance and everybody else who's involved, and achieve the kinds of improvements that we really want to achieve. So I didn't wish to leave the impression that I was talking about exemptions on a blanket basis. I'm talking about targeted exemptions, okay? CHAIRMAN COLETTA: Targeted exemptions sound right in line, because I mean, I can see Immokalee as a target. Go ahead, Commissioner Carter. COMMISSIONER CARTER: You know, I don't know how Page 122 November 5, 2002 much staff time we've burned on this. MR. SCHMITT: Yes. COMMISSIONER CARTER: I am really concerned that we gave direction that said that this is a phased project, a -- not project -- phased approach. Other people tell me, I don't want anything, rather than one slice of the bread from the whole loaf. Well, what's wrong with deferrals while you get the toolbox ready? I've not heard a good answer to that, not one that satisfies me. Do I want balloons at the end for people? That may go away with the toolbox. But let's take some of the pictures that I saw up here on this screen. 'You know, if I want to go to a place and speculate that you might exempt, I'm going to go out there and look for dirt and get a house, and I'm still going to impact your roads, because I may not find a job out there, but I sure as heck can live out there. So I think this is fraught with things that might be misinterpreted coming out of this board meeting, so I am not going to support walking away from this. I will support staff's recommendation because I think deferral is step one. Step two is the toolbox with all the possibilities and the targets for the entire county. And at least going out of here you know you have a deferral, what -- if you walk out of here and say I don't want anything, be careful what you ask for. You might just get it. CHAIRMAN COLETTA: Commissioner Coyle, you have something you want to -- COMMISSIONER COYLE: I didn't have anything to say, no. COMMISSIONER CARTER: So, I mean, that's it. CHAIRMAN COLETTA: So the motion that we have at this point in time is to deny this motion for deferral and to direct staff, as a separate part of the motion, to go back and come back to us with a number of options that we can use targeted to specific instances that we can identify and justify? Page 123 November 5, 2002 COMMISSIONER COYLE: That's correct. CHAIRMAN COLETTA: Is that correct? COMMISSIONER COYLE: That was my motion, yeah. CHAIRMAN COLETTA: And Commissioner Fiala, it was your second. Is it still your second? COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Because we had a lot going on in here for a while. COMMISSIONER FIALA: I know. I had to have it explained again, but I still stand by my second. CHAIRMAN COLETTA: Is there any final comments? With that I'll call the motion. All those in favor, indicate by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER CARTER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Okay. And we have three in favor, two opposed. The two opposed are Commissioner Carter and Commissioner Henning, and I thank you very much. And with that, I have to get over to the elections office to count absentee ballots. Commissioner Henning, you're in charge. You get into trouble, Commissioner Coyle will help you. COMMISSIONER COYLE: Be sure to count more for Jeb than you do anybody else. CHAIRMAN COLETTA: I can't do that. Everything's on the up-- COMMISSIONER CARTER: Why, it's not in Broward and Dade. You know, where's that extra machine? Bump those votes in Page 124 November 5, 2002 there. COMMISSIONER HENNING: on our agenda, Mr. Mudd? MR. MUDD: Yes, sir. COMMISSIONER HENNING: I don't think it's fair to the petitioner to hear that at this time since we don't have a full board. don't even see the petitioner here. Ladies and gentlemen, could you please quiet down. Thank The previous item that we had I yOU. Item #8B - Discussion continued from earlier in the meeting PETITION RZ-2001-AR-1649, ROBERT L. DUANE, OF HOLE MONTES, INC., REPRESENTING CRAIG D. TIMMINS, TRUSTEE, REQUESTING A REZONE FROM RSF-3 TO C-1 FOR PROPERTY LOCATED SOUTH OF IMMOKALEE ROAD ON THE EAST SIDE OF VETERANS PARK DRIVE-CONTINUED TO DECEMBER 17, 2002 IN ORDER FOR CORRECTIVE SIGNAGE TO I:tF. PI.ACED ON THE PROPERTY MR. MUDD: Sir, the action that we stopped going to -- going to lunch and then having this time certain at one o'clock was item 8(B), which was a-- which was a public hearing for-- COMMISSIONER HENNING: Is the petitioner ready to go forward with this? Okay. Let's move on. Ms. Filson, do we have any more public speakers on this item? MS. FILSON: No, we heard them this morning. COMMISSIONER HENNING: Okay. Any questions from the petitioner? MR. REISCHL: Mr. Chairman, if I could put a couple of things on the record from this morning. Just to remind the board, that this is not a typical rezone. It's a rezone that, when -- if the motion maker Page 125 November 5, 2002 makes a motion to approve, you're going to have to find it consistent with the office and infill commercial subdistrict, and there are a few differences. They're spelled out in your staff report. But there was a lot of talk this morning about who owned a parcel and when and all that. The office and infill commercial requires that you find that the parcels were not created to take advantage of that OIC subdistrict. And staff research has found that they were created prior to OIC and they are not created to take advantage of that OIC subdistrict. We don't look at who owned it at what time, but the parcels were there. Anybody can buy and sell on the free market, so we don't -- we don't look at that aspect of it. Also, the office and infill commercial says that you -- that the parcel is not -- does not promote residential use, that commercial use would be better there. That's one part of the finding you'll make. The other part will be that the neighbors to the east had a reasonable expectation that that lot is currently zoned RSF-3, and it's not the typical ag. rezoning where you're going from ag., where in the urban area you'll have a reasonable expectation it's going to be rezone. It's a tough choice that you're going to have to make. I mean, as staff we took a conservative approach, and you're going to have to weigh those findings and make your decision. COMMISSIONER HENNING: Any questions, Mr. Weigel? MR. WEIGEL: Thank you. In the discussion this morning on this item, it was mentioned that it was advertised for today in the newspaper, but that there was a problem with signage on the property, which I think had a date of the 10th rather than today's date, which -- or the 12th -- ultimately it was a different date than today's date, and it may have -- may have had its beginning based on the fact of prior board dates set well in advance but had been changed some time ago. Page 126 November 5, 2002 My recommendation, my advice to you, to the commission, is that by virtue of that misinformation by signage on the site, notwithstanding that you've heard the whole discussion this morning, I would recommend that you continue this for two meetings, that is to the first meeting in December. That would give 15 days, which we couldn't achieve at the November 19th meeting, for a corrected sign to be placed on the premises so that any decision that the board makes at that subsequent date that I'm recommending would be one that will not potentially put the county in the non-stakeholder position of defending a challenge because there's been a mistake of signage. Another thing I'll add is that the requirement of signage is really only to inform of the planning commission hearing. This sign, having gone beyond the requirement for the planning commissioner, which was correctly noted on the sign, incorrectly indicated the board hearing. The people that have spoken to you this morning have raised that as an issue, nonetheless, they are here. They also, I think, for the most part, if not entirely, were present at the planning commission hearing so that they were -- they were, in fact, aware that it was going to be heard at this meeting here today, not withstanding that there's a sign on the premises. But for anyone who may have potentially have standing to complain in the future based upon relying on the sign on the premises, I feel that I'd be remiss in telling you that the decision you make today may make it less problematical than if you were to defer the decision and continue it to two meetings from today. COMMISSIONER HENNING: Questions or comments from board members? Commissioner Carter? COMMISSIONER CARTER: No. COMMISSIONER FIALA: I have -- I had -- COMMISSIONER CARTER: No, no, I'm not going there. Page 127 November 5, 2002 COMMISSIONER FIALA: I had a question about something else. Can I ask that still, or is that -- COMMISSIONER HENNING: You can do anything you want. COMMISSIONER FIALA: Thank you very much. Can I ask you what side of the creek -- which side -- excuse my English -- of the creek will the augmented landscaping, vegetation be planted on? Will it be-- yeah. MR. REISCHL: It will be on the subject parcel side. COMMISSIONER FIALA: So in other words, the creek will be still on the property owner's side -- rather on the residential side, and then the plantings will be behind it so it will give it a good buffer; is that what you said? MR. REISCHL: Yes. COMMISSIONER FIALA: Okay. COMMISSIONER HENNING: Entertain a motion? Mr. Anderson? MR. ANDERSON: Mr. Chairman, if I might, could I request that it be to your second meeting in December? Because as things are presently scheduled, I am to be assisting your attorneys in defending the rural fringe amendments the first Tuesday in December. COMMISSIONER COYLE: It's nice to have you on our side for a change, Mr. Anderson. MR. ANDERSON: I'm always on your side, you just may not know it. COMMISSIONER FIALA: I knew that was coming. I could have said it with him. COMMISSIONER HENNING: Mr. Weigel, is there any problem with that? MR. WEIGEL: No problem, other than if it's beyond five weeks, our policy requires readvertisement. By virtue of the fact that it's petitioner's mistake of signage on the premises, if there is a Page 128 November 5, 2002 requirement for readvertisement, I would like the record to reflect in your motion, if you so make, to indicate that it's petitioner's responsibility to readvertise for the requested second meeting date in December. COMMISSIONER FIALA: So moved. MR. ANDERSON: And that's fine. I just want to make one -- make sure I understand one thing. We're going to take that sign down. There's no requirement to post it, so we're going to go ahead and take it down. We're not going to pay for a new sign since none was required for this hearing. COMMISSIONER CARTER: So much for overcommunicating, right, sir? MR. ANDERSON: Yes. This is a classic case of no good deed goes unpunished. COMMISSIONER HENNING: The motion is on the floor. Is there a second? COMMISSIONER CARTER: I'll second. COMMISSIONER HENNING: There's a motion and a second. Any more discussion? All those in favor of the motion, signify by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Any opposed? Motion carries, 5-0. MR. WEIGEL: 4-0. COMMISSIONER HENNING: Commissioner Coletta is absent. 4-0. Let the record reflect that Item #8C Page 129 November 5, 2002 ORDINANCE 2002-56 ESTABLISHING THE CITIZENS CORPS ADVISORY COUNCIL-ADOPTED AND RESOLUTION 2002-465 APPOINTING CAROL HOLLE PAHL, DEBORAH HORVATH, ROBERT ROHLAND, DON PETERSON, ROBERT BURHANS, NELDA MILLER, TOM KUZNER, JAMES H. ELSON, RAYMOND CADWALLADER, CHARLES GRAVES AND WALTER JASKIEWICZ AS MEMBERS OF THE CITIZENS CORPS ADVISORY COl JNCIIJ-ADOPTF, D The next item is 8(C), approval of the citizens corps advisory council 'ordinance and appoint 11 voting members to the council. MR. VON RINTELN: Good afternoon, Commissioners. Jim von Rinteln from the emergency management department. In September the board directed staff to create a citizens corps advisory council in support of the president's homeland defense initiative. The purpose of this council would be, and is, to assure the coordination of our existing county volunteer and first responder initiative. The ordinance before you was carefully coordinated with the federal guidance given to us which recommended that the council be made up of the existing leadership of the volunteer entities and first responder organizations within Collier County. We also closely coordinated the ordinance with the county attorney's office to assure that the sunshine laws were taken into account. COMMISSIONER CARTER: Mr. Chairman, I move for approval. COMMISSIONER COYLE: Second. COMMISSIONER HENNING: There's a motion on the floor and a second. Ms. Filson, is there any public speakers? MS. FILSON: Yes, sir. Page 130 November 5, 2002 COMMISSIONER HENNING: Would you call them up, please. ' COMMISSIONER CARTER: Don't talk us out of it. MS. FILSON: Ray Cadwallader. MR. CADWALLADER: Only if there are any questions. COMMISSIONER HENNING: Next speaker. MS. FILSON: Susan Craig. MS. CRAIG: I'll waive. MS. FILSON: Bob Schank. COMMISSIONER HENNING: He's not here. MS. FILSON: Deborah Horvath. UNIDENTIFIED SPEAKER: Waive. COMMISSIONER CARTER: If you don't want to talk us out of it, you can waive. MS. HORVATH: I don't want to talk you out of it. COMMISSIONER COYLE: Waive. MS. HORVATH: Bye. COMMISSIONER HENNING: That's our final speaker? MS. FILSON: Yes. COMMISSIONER HENNING: Okay. MR. VON RINTELN: If I could, the speakers were here all morning in support, and I would like to thank them for the help that they gave staff in putting together the ordinance as you see it and with their input, as well as Mr. Cadwallader's input in coming up with the membership and the expert advisors that are in the executive summary, so -- COMMISSIONER HENNING: And being patient to be here all afternoon, morning and afternoon, to support this item. And I do want to 'thank the community for this. This is something that our president of the United States created, and I'm flattered that we'll be able to bring this forward in the community. Any more questions, comments? Page 131 November 5, 2002 Motion on the floor and a second to approve the citizens corps. All in favor of the motion, signify by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. Any opposed? MR. CADWALLADER: Mr. Chairman, now that you've passed it, one comment. COMMISSIONER HENNING: Sir, you'll have to come to the microphone, and state your name for the record. MR. CADWALLADER: Ray Cadwallader. One comment is that this is only the beginning of the work. It took a long, hard one year to get to this point. But the next three or four years are going to be even more difficult and more challenging and more complex, so bear with us as we go down this road. Thank you. COMMISSIONER HENNING: Thank you. Items #8D and #8E DEVELOPMENT ORDER 2002-03/RESOLUTION 2002-459, RE: PETITION DOA-2001-AR-1638, AND ORDINANCE 2002-57 REGARDING PUDZ-2001-AR-1639, ROBERT L. DUANE, AICP, OF HOLE MONTES, INC., REPRESENTING HARDY DEVELOPMENT GROUP, INC., (THE STRAND LTD.) REQUESTING AN AMENDMENT TO THE PELICAN STRAND DRI FOR THE PURPOSE OF REDUCING THE NUMBER OF DWELLING UNITS FROM 1,200 TO 1,160 AND TO ALLOW FOR THE OPTION OF 120 DWELLING UNITS TO BE DEVELOPED WITHIN THE COMMERCIAL PORTION OF THE DRI IN LIEU OF 140 HOTEL/MOTEL UNITS FOR PROPERTY LOCATED AT THE INTERSECTION OF IMMOKALEE ROAD Page 132 November 5, 2002 AND 1-75, PELICAN STRAND SUBDIVISION-ADOPTED WITH CHANGES The next item is 8(D), DOA-2001-AR-1638, Bob Duane from Hole Montes representing Hardy Development Group requesting to amend the Pelican Strand DRI. Anybody that wishes to participate in this discussion, would raise their right hand, be sworn in by the court reporter. (The witnesses were sworn.) MR. REISCHL: Mr. Chairman, Fred Reischl, planning services. I will present both of the PUD and DRI together, and the county attorney wanted me to remind you that they require separate votes. COMMISSIONER CARTER: I disclose, Mr. Chairman, that I did meet with the petitioner. COMMISSIONER HENNING: Commissioner Fiala, any disclosures? COMMISSIONER FIALA: Oh, I met with the petitioner. COMMISSIONER COYLE: And I also met with the petitioner. COMMISSIONER HENNING: Thank you. And I have met with nobody. So you are saying that we're going to take D and E together, but separate motions? MR. REISCHL: They're essentially the same item. If that's your pleasure, I'll be happy to do it for you. COMMISSIONER HENNING: Okay. I see some nods on the board, so we have no problem with that. Go ahead and continue. MR. REISCHL: This is a repeal of the old Pelican Strand PUD and adoption of the new Pelican Strand PUD, essentially a PUD amendment done that way. The result will be, if this is approved, a reduction in the total number of dwelling units from 1,200 to 1,160. Not really a Page 133 November 5, 2002 significant reduction, but a reduction nonetheless. There would be a reduction in retail from 16 acres to 12 acres, an increase in the office use from eight acres to 12 acres. And the major change would be an additional option for the developer in the commercial tracts. I'm sorry I didn't show you this earlier. 1-75, Immokalee Road. In -- if blue shows up there, that blue is the tract not most affected by the change. The change would be to add an option for residential dwelling units. Right now it could be office, retail, or hotel. The hotel currently could be 140 rooms. The residential would be a maximum of 120 dwelling units. If this amendment is approved and the residential option is utilized, then the hotel could not be built, or vice versa. If they built a hotel, then they could not use a residential -- the -- I'll start again. If they build a hotel, then they couldn't use the residential option. So it's an either-or. Similar to the previous petition, this was submitted prior to the public information requirement. We did have a public information meeting voluntarily by the petitioner. And there were attendees. There was some people that spoke in favor, some people that spoke in opposition. The planning commission heard this and recommended approval by a vote of 6-2. The two opposition votes were mainly because the developer did not want to state on the record what type of housing this was going to be. Was it going to be villas? Was it going to be a more traditional multi-family building. Not necessarily an objection to the petition, but to the specificity. And staff is recommending approval of the amendment. COMMISSIONER HENNING: Questions to staff?. Petitioner, Mr. Duane? MR. DUANE: Yes, for the record, Robert Duane. I'll be very brief. The proposed changes will reduce the traffic by approximately Page 134 November 5, 2002 1500 average daily trips per day. And in my opinion, and I believe the staff shares that view, by broadening the mix of uses in the activity center, we'll be more consistent with the future land use element than we are today. I'm going to modify my proposal today. I think it's an easy modification for you to accept. We're deleting the hotel and motel use. That's no longer on the table as a result of my remarks on the record today. Also after my meeting with Commissioner Coyle at his behest, I am also volunteering that the residential component of the project will not consist of any rental apartments, will only be condominiums or units owned in fee simple, and there will not be any rental apartments under unified ownership, and we're volunteering to that -- to that provision. I'd be happy to answer any questions that you might have. COMMISSIONER HENNING: Any questions of the petitioner? Any public speakers? MS. FILSON: No, Mr. Chairman. COMMISSIONER HENNING: I'll close the public hearing. Anybody want to make a motion? Commissioner Fiala? COMMISSIONER FIALA: I'll first say -- oh, was that -- COMMISSIONER HENNING: Please. COMMISSIONER FIALA: I'll first say, I read all through both of these and I tried to pick it apart, I tried to find a downside, I tried to find something wrong with it, and actually I couldn't find anything wrong with it, and I think the petitioner has modified it to even a greater extent. I mean, I don't have a problem with it, so I make a motion to approve. COMMISSIONER COYLE: Is that the DRI? COMMISSIONER FIALA: And the PUD. Page 13 5 November 5, 2002 MR. REISCHL: I believe the DRI has to go first. COMMISSIONER FIALA: Okay, the DRI. Okay. So I make a motion to approve the DRI changes. COMMISSIONER COYLE: And I'll second. COMMISSIONER FIALA: Okay. MR. MUDD: Based on the -- also including Mr. Duane's stipulations about owner-occupied hotel/motels out? COMMISSIONER COYLE: You bet. COMMISSIONER FIALA: Yes, that was very important, too, yes. COMMISSIONER COYLE: Yes. COMMISSIONER HENNING: Any questions on the motion or the petition? All in favor of the motion, signify by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. Opposed? MOtion carries, 4-0. MR. DUANE: Thank you. COMMISSIONER FIALA: And I make a motion to approve the PUD with the same stipulations. COMMISSIONER COYLE: And I second. COMMISSIONER HENNING: There's a motion and a second on the floor. All those in favor of the motion, signify by saying. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. Any opposed? Motion carries 4-0. Page 136 November 5, 2002 Item #8F ORDINANCE 2002-58 AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE 2001-13, THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, TO AMEND THE ELIGIBILITY CRITERIA FOR IMPACT FEE DEFERRALS FOR RENTAL DWELLING UNITS TO INCLUDE MODULAR HOMES AND MOBILE HOMES IN ORDER TO FACILITATE IMPACT FEE DEFERRALS TOTALING APPROXIMATELY $204,984.12 FOR A 'TRANSITIONAL HOUSING FACILITY CURRENTLY BEING DEVELOPED BY THE FIRST ASSEMBLY OF GOD- ADOPTF, D The next item 8(F), adopting an ordinance amending chapter 74 of the Collier County code and law ordinances as amended in ordinance 2000-13 (sic) of the Collier County consolidated impact fees, and this is for the First Assembly of God. MR. MUDD: It's Reverend Mallory's issue from a previous board where you directed staff to come back and find ways to try to help him out of the predicament that he's in as far as some kind of deferrals for impact fees so that he could pay it back on an installment-type plan. COMMISSIONER HENNING: Thank you. MR. SCHMITT: Good afternoon, Commissioners. Again for the record, Joe Schmitt, administrator of community development and environmental services. And we're talking about impact fees again. This is actually an amendment to the consolidated impact fee ordinance, and really what it's going to do is recognize to include modular homes and mobile homes. Page 137 November 5, 2002 And this was a result of a meeting, at least a public petition by Pastor Mallory on September 24th where he came to this board to ask for a deferral. Actually what he was asking for was an installment plan for impact fees of $105,000 for eight existing mobile homes. He has 22 more projected. In your staff report we noted it was 204,984. I want to correct the record so you note that that has changed and note that the fee is now $258,000. What has happened to change that? Because of this proposal, we -- after the executive summary was sent, we recognize what we're doing now is changing the connotation of these modular homes from commercial to residential. And as a result, it creates different impact fees for water and sewer because they are individually hooked up on the sewer and water system through their individual meters, so that drove up the price. That's already been discussed with Pastor Mallory and he's comfortable with it. So now we're talking $258,000. What this ordinance will do is allow us to defer a payment of those impact fees for a period of five years. And certainly -- Pastor Mallory is certainly amenable to that. So that's basically the proposal. It's to amend the ordinance to allow for both modular and mobile homes. And we think this is a good thing, because in the past it didn't have that. And really what we're doing is now providing an opportunity for those type of homes, as long as they're approved and certified by HUD and the department of community affairs. COMMISSIONER HENNING: Questions from the board? CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. I think that's where we were going in the first place, and we probably felt that we were already including the park model. So I think what we're doing is just a housekeeping item here, so I move to approve. MR. SCHMITT: Correction for the record, six years and nine Page 138 November 5, 2002 months deferral. COMMISSIONER HENNING: And I'll second that. COMMISSIONER FIALA: Six years and nine months, right. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Fiala, a second by Commissioner Henning for approval. Any discussion? Commissioner Coyle? COMMISSIONER COYLE: Are we going to hear from the petitioner? CHAIRMAN COLETTA: Yes, we certainly are. I though you'd already done that. COMMISSIONER COYLE: No. I think I'll wait for my questions until after I hear from the petitioner. CHAIRMAN COLETTA: Great. And would you call up the petitioners? Not the -- the petitioners. And have you heard from the speakers yet? MS. FILSON: We have no speakers, Mr. Chairman. CHAIRMAN COLETTA: There are no speakers. Petitioner, would you come up. REVEREND MALLORY: I'm David Mallory, pastor, First Assembly of God. There's been a longstanding issue in this county with our desire to help those that are less fortunate than we. This will give us the opportunity to extend ministry to many, many hurting people, and I just really appreciate your consideration of it, and I thank God for his guidance here. We have approval for 30 units, and each one can house approximately four people, which greatly increases our ability to minister to the needy. It also enables the county to help enact the ordinance that is an anti-camping ordinance, and again, will enable us to extend help further. CHAIRMAN COLETTA: Questions? Page 139 November 5, 2002 Commissioner Henning? COMMISSIONER HENNING: Yeah, a comment. I think it's about time that the media runs this story again, because when I read it, probably about six years ago, and what you were trying create in working with the Board of Commissioners at that time, I thought, wow, what a partnership that we have with a private not-for-profit organization and what the benefit is for the community, so I hope the media picks up on this and runs it again. Thanks. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Reverend Mallory, I think we all appreciate the work you do for our community, and we think it's a very wonderful thing that you're doing. My questions are really -- they relate to the issue of deferral of impact fees in very much the same way we had an earlier discussion about exemptions. What I am concerned about is deferring impact fees at a quarter of a million dollars to a fairly large balloon payment at the end only to find out that, perhaps, the fund raising efforts haven't been sufficient to pay those. Now, is there any solution to that that would be acceptable to you, like installment payments over that period of time or a lien on the property in the event that the impact fees are not paid? I don't want to find ourselves in a position six years and nine months from now -- MR. SCHMITT: There will be a lien on his property -- COMMISSIONER COYLE: There will be a lien, okay. MR. SCHMITT: -- for payment. COMMISSIONER COYLE: Okay. MR. SCHMITT: I also want to note for the record, since our meeting, we -- Pastor Mallory has agreed to and consented to the agreements for the CBDG funds of $32,000. And also, with our assistance and staff's assistance, we, through the state, homeless Page 140 November 5, 2002 coalition awarded $745,000. So I think it's been a true partnership, and we moved rather quickly once Pastor Mallory presented some of the issues in front of them. And he met with Denny Baker and his staff, and they've done a great job on this, so -- COMMISSIONER COYLE: Okay, good. So this doesn't create a financial hardship for you then, you think, asking for a quarter of a million dollars at the end of five years? REVEREND MALLORY: No. The hardship is asking for it today, because then we cannot -- we can't go to the next step of helping people. So I believe it really sets us up to open the door of ministry. COMMISSIONER COYLE: Okay. Okay, good. Thank you. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. Before you leave, Pastor Mallory, I think a lot of people aren't really aware of this anti-camping ordinance and how very important it is to Collier County. I don't know if that's ever been explained to -- well, it was years ago in the daily news, just like -- was it you, Commissioner Henning, that just suggested they do it? Well, maybe it would be good to be on the record right now, just very briefly. COMMISSIONER HENNING: Better yet, why don't we, one of the commissioners, interview Mr. Mallory in explaining what his program is all about and all the ancillary benefits to the community. COMMISSIONER COYLE: On channel 11 ? COMMISSIONER HENNING: Yes, or 16. COMMISSIONER FIALA: That's a great idea. Okay. Thank yOU. CHAIRMAN COLETTA: I think it's an excellent idea, Commissioner Henning. We'll pull you down. COMMISSIONER HENNING: That's great. CHAIRMAN COLETTA: Okay. Well, we have to take the Page 141 November 5, 2002 vote. All those in favor, indicate by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The aye have it, 5-0. Thank you. Item #9A RESOLUTION 2002-460 APPOINTING CHIEF MICHAEL MURPHY AND CHIEF ROB POTTEIGER TO THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL- ADOPTED We now move on now to 9(A), appointment to the emergency medical service advisory committee. COMMISSIONER HENNING: Move for approval. COMMISSIONER CARTER: I move for approval. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: Move for approval by Commissioner Carter, second by Commissioner Henning. All those in favor, indicate by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Okay. And the ayes have it, 5-0. Page 142 November 5, 2002 Item #9B RESOLUTION 2002-461 RE-APPOINTING STEPHEN GREENBERG AND KAREN M. ACQUARD TO THE GOLDEN GATE F. STATF. S I.AND TRIIST COMMITTF. E-ADOPTF. D Member to the Golden Gate Estates Land Trust Committee. MS. FILSON: Mr. Chairman, on this committee, Mr. Stephen Greenberg has served two terms, so if you wish to reappoint him, you'll need to waive section 7(B) of ordinance 2001-55. CHAIRMAN COLETTA: I make a motion that we approve the two appointments and waive the -- what do we call it, the resolution, or the -- MS. FILSON: The ordinance -- CHAIRMAN COLETTA: The ordinance. MS. FILSON: -- 2001-55, 7(B). CHAIRMAN COLETTA: Right. COMMISSIONER HENNING: I'll second it. CHAIRMAN COLETTA: Okay. Motion by myself, Commissioner Coletta, a second by Commissioner Henning. Any discussion? All those in favor, indicate by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And the ayes have it, 5-0. Item #9C RESOLUTION 2002-462 APPOINTING KATHERINE TODD Page 143 November 5, 2002 AND DR. JOAN COLFER TO THE HEALTH AND HUMAN SERVICES ADVISORY COMMITTEE-ADOPTED Appointment of member to the Health and Human Service Committee. COMMISSIONER HENNING: I make a motion that we approve the two applicants. COMMISSIONER COYLE: Two recommendations or two applicants? COMMISSIONER HENNING: Two applicants. MS. FILSON: Actually, I received two applications on this one, and then the committee themselves recommended representation from the health department, so they're recommending Dr. Colfer be appointed. COMMISSIONER HENNING: Let me explain of-- my recommendations for that. And I appreciate Dr. Colfer, but I'm sure she's entered her good part of this. The whole point of advisory boards is to bring the community into whatever issue there is of the advisory board to make recommendations to the board of commissioners. That's why I made my recommendations for the applicants. CHAIRMAN COLETTA: And I'll be honest with you, you have some validity in your thought process there, but the committee has expressed a desire to have Dr. Colfer on there because of the contributions she made, and we'd like to give her a voting position, and I hope you would reconsider. Okay. We have a motion from Commissioner Henning. A second from? Okay, the -- COMMISSIONER HENNING: The motion fails. CHAIRMAN COLETTA: -- motion fails, so I make a motion that we go with the committee recommendations of Katherine Todd and Dr. Joan Colfer. Page 144 November 5, 2002 COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: And we have a second from Commissioner Fiala. Any discussion? All those in favor, indicate by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. Item #10A SUPPLEMENTAL AGREEMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CH2MHILL, INC., IN THE AMOUNT OF $98,453 FOR THE DESIGN OF VANDERBILT BEACH ROAD FROM AIRPORT-PULLING ROAD TO COIJIJIFJR FIOIIIJEVARD-APPROVFD CHAIRMAN COLETTA: Moving on here. County manager report. Supplement agreement number four. MR. STRAKALUSE: Commissioners, item 10(A) is staff's request to approve -- Gregg Strakaluse, for the record -- staff's request to approve a supplemental agreement to an existing consulting contract for professional engineering and design services on Vanderbilt Beach Road. COMMISSIONER HENNING: Motion to approve. COMMISSIONER CARTER: Second. CHAIRMAN COLETTA: And we have a motion from CommiSsioner Henning, a second from Commissioner Carter. Any discussion? Commissioner Coyle? COMMISSIONER COYLE: I just wanted to point out that by Page 145 November 5, 2002 approving this particular provision, agreement, that the staff is saving the taxpayers of Collier County three hundred to five hundred thousand dollars; is that correct? MR. STRAKALUSE: That's correct, there is a savings. There is a savings, and if we do this part of the project, we incorporate the six-lane portion of the project between Logan Boulevard and 951 at this point in time. With this construction project we would be saving between three hundred and five hundred thousand dollars in future costs. COMMISSIONER COYLE: And that's another good example of staff-- good staff planning. Thank you very much. COMMISSIONER FIALA: And doing the job right the first time, right? COMMISSIONER COYLE: That's right, that's right. CHAIRMAN COLETTA: All right. We have a -- did we vote on that yet? We haven't yet, have we? Okay. We have a motion -- COMMISSIONER COYLE: A motion and a second. CHAIRMAN COLETTA: -- and a second. Any discussion? All those in favor, indicate by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 5-0. Item #1 OB RESOLUTION 2002-463 AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF RIGHT-OF-WAY AND STORMWATER RETENTION SITES IN FEE SIMPLE TITLE, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF- Page 146 November 5, 2002 WAY, DRAINAGE AND/OR UTILITY EASEMENTS AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS FOR THE VANDERBILT BEACH ROAD SIX-LANING PROJECT FROM AIRPORT-PULLING ROAD TO COLLIER BOULEVARD- ADOPTED Moving right along to 10(B), resolution for authorizing for acquisition of right-of-way for Vanderbilt Beach Road. MR. STRAKALUSE: That's correct. This is a sister item to 10(A) in which staff is requesting the boards without the gifting purchase resolution to acquire the property necessary to construct the six-lane roadway between Airport Road and 951. COMMISSIONER HENNING: Motion to approve. COMMISSIONER CARTER: Move for approval. CHAIRMAN COLETTA: Okay. We have a motion for approval from Commissioner Henning, a second from Commissioner Carter, right? COMMISSIONER CARTER: That's fine by me. CHAIRMAN COLETTA: Okay. Any discussion? MS. FILSON: And we have no speakers. CHAIRMAN COLETTA: And no speakers. Thank you. All those in favor, indicate by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. Item #10C FY 2003 WORK PLAN FOR THE COUNTY MANAGER- APPROVED Page 147 November 5, 2002 CHAIRMAN COLETTA: So now we're at 10(C). COMMISSIONER HENNING: How's our court reporter doing? CHAIRMAN COLETTA: Oh, yeah. Let's see, well, 3:00; 1:30 to 3:00, that's an hour and a half. Why don't we -- you're right, Mr. Henning, we should take a short break, 10 minutes. Thank you for pointing that out. (A recess was taken.) COMMISSIONER COLETTA: Let's see. Where we left off was -- let me go right to the page. What were we on, C? MR. MUDD: Commissioner, we're on 10(C), which is my annual work plan for 2003. CHAIRMAN COLETTA: Right. COMMISSIONER HENNING: Is this the same as it was in the previous years? MR. MUDD: No, sir. I've added things that had to do with land development codes, growth management plans, changed items that didn't fit, and made sure that I brought this in -- in line with the strategy, the strategic objectives and goals that the board had decided upon in March of this year for this year to make sure that it supported that, and we're basically aligning every annual plan in the county to configure to that strategic goals and objectives that were done by the board in March. CHAIRMAN COLETTA: Commissioners, anyone got some comments on Mr. Mudd's annual work plan? COMMISSIONER HENNING: Yeah. Is there anything in here about attentiveness? CHAIRMAN COLETTA: What's attentiveness? MR. MUDD: Yes, sir, I'm here every day. COMMISSIONER COYLE: He's attentive all the time. CHAIRMAN COLETTA: And if you really want to test him, Page 148 November 5, 2002 try at three o'clock in the morning, sending out an Email, and see the response come back. COMMISSIONER FIALA: Come on. CHAIRMAN COLETTA: This guy sleeps with the computer next to his bed waiting for Email to come in. That's for everyone out in the audience. It's J -- Jim Mudd, colliergov.net, three o'clock in the morning. Fine. COMMISSIONER HENNING: Motion to approve. COMMISSIONER COYLE: Jim doesn't sleep long, but he sleeps fast. CHAIRMAN COLETTA: Yes. MR. MUDD: Yes, sir. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion -- we're going to come back, right to you. We've got a commotion -- a motion -- a motion by Commissioner Henning, a second by Commissioner Fiala. Go ahead, Commissioner Coyle. COMMISSIONER COYLE: I've got some questions. Jim, you and I talked about some of these yesterday. I don't think you have any problems with them. One of those was the -- some reference to an improvement in the accounting and budgeting system, and I know that's going to take a long time. I wouldn't expect it to be done over the next 12 months, but I would hope that we could define some achievable goals over the next 12 months that will move us in the direction of more effective budgeting and accounting so that we can get through that process without quite so much difficulty as we have in the past. And one additional area is a specific reference to coordinating draft staff positions with the commissioners individually if necessary so that we all have an opportunity to see what is being drafted before Page 149 November 5, 2002 it becomes public, and then we're placed in a position of, perhaps, revising it dramatically or even disapproving it. I think it would work to the mutual advantage of the commissioners and the staff if we could work together on drafts like the impact fees and like the human rights commission before they wind up in final form. You know, at least we'd have some opportunity to provide some guidance to the staff, because I think when they come out all of a sudden without a lot of coordination with the commission, that we find ourselves in a very difficult position. It makes us all look a little dumb. And so if we could put a reference to something like that that would help us improve that staff coordination, that would be very appreciated. MR. MUDD: Yes, sir. You also mentioned one other yesterday in our meeting, and that was to put some end terms on controlling costs and costs, so we'll get those out to you. COMMISSIONER COYLE: Yes, exactly. COMMISSIONER HENNING: And I'll amend my motion to include those comments from Commissioner Coyle. COMMISSIONER FIALA: And I amend my second. CHAIRMAN COLETTA: Okay. The only comment I got is, I'd like to see a little more effort on the end of public relations. I don't know if you necessarily have to fit it into your work program, but I do think that we've been lacking in public relations for some time effectively, especially some of the -- well, like Commissioner Coyle just me -- some of the items that were sent out to the public, the notice of rate increases for the utilities or the parking ordinance. I think they could have been thought out a little bit better, and hopefully maybe someone in public relations might be able to review it, and then come to the -- the commissioners might have at least the option to be able to look at it and see if it would make sense to a layperson. MR. MUDD: Yes, sir. Page 150 November 5, 2002 CHAIRMAN COLETTA: With that, is there any other comments? COMMISSIONER HENNING: Yeah, public speakers? CHAIRMAN COLETTA: Public speakers? Do we have anyone? MS. FILSON: Yes, sir. I have one speaker. I don't see him, but I don't want to slight him. Bob -- CHAIRMAN COLETTA: Say the name. MS. FILSON: -- Krasowski? No. COMMISSIONER COYLE: You didn't slight him. COMMISSIONER CARTER: You're kidding. CHAIRMAN COLETTA: Okay. All those in favor, indicate -- COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 5-0. Thank you. Moving on to D, a claim of lien. MR. WEIGEL: Mr. Chairman, on behalf of the county attorney and other entities that are here today, I'd like to lead off on this item and the several items related to it. Before you are agenda items 10(D), (E), (F), (G), (H), (I), (J), (K), (L), and (N), items (M), as in Mary, and (O), as in Oscar, were deleted at the beginning of the meeting. And as you are aware, and for clarity for the public, each of the items have a similar request for the board, and that is the approval for the recording and filing of a claim of lien for unpaid impact fees. Now, these all pertain to what are called either adult living communities, adult congregate living facilities or ACLFs, adult living facilities, sometimes called ALFs. And I want to answer, how Page 151 November 5, 2002 did we get here and why we are here now. We are here today because the board has directed the staff in concert, working with the clerk and the school board, the school board counsel, that there was an issue concerning collection of educational impact fees from these units and others with whom we've been dealing, and upon the recommendation of all of-- all I've mentioned, the clerk, the county attorney, the staff, and the support of the school board and their counsel, we have been -- we, the county, have been going forward at board direction toward the collection of these impact fees. Some impact fees have been collected from some of the entities. In other cases we've had refusal or no response and -- no final response, but in many cases we have had significant dialogue with the entities, their representatives and their legal counsel. And again, part of the reason that we are here today looking for further board authorization is merely for staff to follow the ordinance that's already in place. There comes a point in time in enforcement in the attempt to collect where, under our own rules of procedure and process, it's necessary to file a claim of lien as a predicate, as a requirement prior to potential litigation, and your approval today will be taken as an endorsement to litigate as necessary, which I think is not different than your prior approval in support of the staff discussion on this very subject. particularly at issue here is the educational impact fee ordinance. And again, staff working with the county attorney and the clerk and the school board counsel have proceeded to this point, and we can report to you that one facility, Terracina Grand, which is noted at agenda item 10(J), has, in fact, recently initiated a lawsuit against the county regarding the county's efforts to collect the educational impact fee from it. We've had another offer from the Lely Palms and Manor Care at Page 152 November 5, 2002 Lely Palms facility, which is listed as item 19(F) on the agenda, an offer of settlement for a partial payment of dollars claimed due and owing by the county in regard to the education impact fees owed there. That item is not before you today and that item may come before you in the future in regard to a settlement request by Lely Palms and Manor Care or any others, but only in a coordinated way, working with the clerk, and also the ultimate beneficiary of these funds, which is the school board, and we're working with their counsel even today. I want you to know that the question is not solely whether there never have been school-aged children residing in these residential facilities, but whether at the time of building permit or even Certificate of Occupancy approval, that-- and thereafter, that children could have resided there. The county has been guided up to this point, not merely by its own ordinance, but also by case law, rather dynamic case law, which came out known as the Aberdeen case up in Volusia County about a year and a half ago. It provided a standard under the facts of that case which talked in terms of the immutable -- or the inability for a facility that has been developed, premises that have been developed with construction, vertical construction, the inability for those facilities to legally have school-aged children residing there. And as a standard, it talked in terms of deed restrictions. In all or nearly all of these various agenda items before you today, the facts would -- that we have reviewed indicate that at the time of site development plan approval and building permit approval, and I believe in nearly all cases, if not all, at Certificate of Occupancy approval, that, in fact, these facilities had the potential for there to be, potentially, school-aged children residing there. Part of the enigma of working through this problem is the fact that several of these facilities, and they will tell you, some today, Page 153 November 5, 2002 have, in fact, since then recorded deed restrictions which would indicate that they cannot, from that point of recording and forward, in fact, have school-aged children residing in those facilities. But for the window of time that existed from building permit and/or Certificate of Occupancy to some point thereafter, some are or all of these facilities had the potential for there to be an impact on the county's educational system. Well, another thing to consider here is, you will hear discussion saying that because we had no impact and we can prove factually by affidavits, sworn statements, and by deed restrictions filed later that during that window period there never were children there, and that from this point and forward there can be no children, they will say that there, therefore, should be no impact fee collected. It's difficult for the county, and particularly in our discussions -- I'll call it academic discussions with the clerk and the school board through their counsel, it's difficult for the county as the administrator and collector of these impact fees, as well as all the other county impact fees, for us alone to say, well, that's -- we think that it's a question of fairness and that the county alone can say no to the collection of these fees based on the standard that exists by the Aberdeen case. We expect that we will be in court and that we will have further definition from the court as to -- for Collier County and the rest of the state if, in fact, these kinds of factual situations that confront Collier County are, in fact, the same kind of situations that the court has previously said don't require or prevent the collection of impact fees. But we're not there yet, and we probably will have the assistance of the court to tell us that. In the meantime, applying our ordinance and the fact that a clerk's audit and our own review indicates that these fees were not collected, we're going forward in kind of a soldierly workman-like way toward that collection. Page 154 November 5, 2002 I'd just further state that the decision of any settlement is not before you today, although there is the potential that we may bring something to you in the future. It's -- I'll say at the outset that it's more problematical for us to attempt to bring to you and recommend to you a settlement when we're not in litigation, because, again, we want to treat these conceptual issues in a uniform manner. And if some person offers 45 percent -- 45 cents on the dollar and someone offers 70 cents on the dollar, they may be good deals in the sense that we reduce risk of litigation, but at the same time, it's easier and typically the county procedure to achieve settlement in litigation as opposed to prior to litigation. Just to let you have a little thought on that. With that, I will mention that one of the speakers for you today -- and I would ask with your indulgence, would be Mr. Moore, the school board attorney, to follow me with a brief comment on all of the items, and then with the assistance of Mr. Mudd we'll go through each idea individually. So if I may call Mick Moore, on behalf of the school board. MR. MUDD: As Mr. Moore comes up, Commissioners, I want to make sure that you understand, this is just one more step in our process to try to collect those impact fees. We've given notices, we've sent a couple of them out to each one of the different ALFs in this particular case, and we are now looking to file claim of lien, so this is the next step in that process. MR. MOORE: Good morning, Mr. Chairman, Commissioners. My name is Mick Moore, and I'm an attorney with the Collier County school board attorney's office, and I am here today on behalf of the school board attorney's office and the school board. On behalf of the school board, I want to say thank you to the commission and to county staff and the county attorney's office for taking steps to enforce the law requiring the payment of educational impact fees that the county and the staff has determined are due and Page 155 November 5, 2002 owing. The school board fully supports your efforts to enforce the law and collect any outstanding educational impact fees, and these fees will be used to provide for the education of our children here in Collier County. The school board stands ready to provide any data or other assistance that this board may need or that county staff may need in order to assist it in collecting these fees. Again, thank you for taking steps to collect the fees that are due under the ordinance. CHAIRMAN COLETTA: And at this point, we -- do we have the petitioner for the first one? MR. WEIGEL: Well, in fact, there isn't a petitioner. There may be speakers for several of these items. But these are staff items before the board, and the board recommendation is very similar-- the staff recommendation is very similar to the titles that appear you -- appear before you as the individual agenda items, merely looking for the board approval which is, in essence, a ratification of what our ordinance already provides in going forward toward enforcement. COMMISSIONER HENNING: Question. CHAIRMAN COLETTA: Go ahead, Commissioner Henning. COMMISSIONER HENN1NG: Thank you. In the Aberdeen case which you have referred to and gave as guidance pertaining to the Aberdeen case, is there anything else in the Aberdeen case that we should consider when we make a decision on leading these properties? MR. WEIGEL: Good question. We think not or I'd be telling you about it. The Aberdeen case -- perhaps someone else will have a different point of view. But the Aberdeen case wasn't talking about adult living facilities such as these before you today, but it was talking about a residential unit. And it seemed that a crucial point for the court had to do with Page 156 November 5, 2002 some kind of mechanisms being in place, either by virtue of the county, the county or city, municipality, whatever the local government issue, that it would require either a government approval for school-aged children to come in there, such as a modification to a zoning Ordinance or PUD, or that there were, in fact, deed restrictions in place or should have been in place to indicate that there was an inability for school-aged children to be there. And part of the analogy is, there are a lot of single-family homes. Now, obviously these adult facilities take different forms, but they're often units that are connected but not necessarily so. There are people in single-family homes who may be not of childbearing age, what have you, who would purport to say, I have no children here, I -- this house that's been constructed will have no impact. But by virtue of the fact that it is a house and it may have an impact, whether at any particular point in time there are children there impacting the school system or people that do or don't have cars impacting the roads -- it can analogize to almost any impact fee that we wish to discuss -- the fact is, is that unless there's an impossibility of an impact, then the impact is a legitimate and legal assessment to be made against that constructed premises. COMMISSIONER HENNING: And if it was an ALF that was similar to an apartment that had no kitchen to where the facility provided the meals for the residents, is that a factor in our deliberation? MR. WEIGEL: Yes, it is, and -- let's see. Well, we look to other factors, too, as to state licensure that would indicate that by being licensed, it would take a change of license for such facility to have a -- legally to have school-aged children residing there. So we've attempted to cover the bases. And we don't look with a cynical eye at the facts and information as provided to us. In fact, if there are facts that assist us Page 157 November 5, 2002 to reach a different conclusion than enforcement, we welcome that, and these are the mat -- these are the items before you today where we have not found the facts and compelling instruments or other indices that would show that, for a period of time at least, there was a potential that they might have had school-aged children there. And again, it's a difficult issue because several of these facilities at this point in time will not have school-aged children, and the facilities' representatives tell us that they could provide affidavits or other kinds of information that would state that no child ever lived there. It's still a little bit analogous, if not a lot analogous, to any facility, any residential unit saying, well, I never had any kids in my house, so why am I paying this impact fee. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: Commissioner Carter, then we'll come back to you, Commissioner Fiala. COMMISSIONER CARTER: I see a lot of suits in the room. We're burning a thousand plus an hour here, on a good day. I've got some general questions. Of all the cases in front of us, how many are solely dealing with the school impact fee? MR. WEIGEL: Okay. I'll have support staff assist both -- either Jackie or Phil Tindall or Paula. MS. ROBINSON: Most of the -- yes, I'm sorry. Jacqueline Hubbard Robinson, assistant county attorney. Good afternoon, Commissioners. We have six, according to Paula Fleishman, who's been handling the numbers for us and doing an excellent job, I might add, that are solely school impact fees. The others have school impact fees that are owed, and in some instances, may even be entitled to refunds because of overpayments. And I'd like to explain that briefly by saying that when the board instructed us to go forward and investigate the status of these Page 158 November 5, 2002 institutions, we looked at all of the impact fees and we found that in some instances, there had been overpayments, and so we included those also. The position of staff, including the clerk, has been that the overpayments would be an issue that would be decided upon the payment of the impact fees that are owed to the county. COMMISSIONER CARTER: Is that only for schools, or have we got a mix? MS. ROBINSON: No, there are no overpayments for schools that I'm aware of at all. They're overpayments for road impact fees, primarily because many of these institutions were improperly characterized as commercial ventures as opposed to residential ventures. COMMISSIONER CARTER: Okay. Let me ask it again. How many clean cases do we have here that are only dealing with school impact fees, six? MS. ROBINSON: Six, except in our opinion all of the cases are clean in terms of that issue. COMMISSIONER CARTER: But some of them have -- may end up in a mixed decision? MS. ROBINSON: No. Well, legally we don't think so in terms of whether or not they owe school impact fees. The issues are very clear and relatively simple, and that is, at the time of the issuance of the building permit or any other time where it was appropriate to pay the school impact fees, did they pay it? And the answer in every single one of these cases is no, they did not pay it. The second question is, if at the time they were to pay the impact fees, did they have an exemption, a recognized exemption under the law, and in our opinion, none of these facilities had a recognized exemption, not one of them. COMMISSIONER CARTER: So none had a deed restriction at the point that they came for their permits or impact fees? Page 159 November 5, 2002 MS. ROBINSON: COMMISSIONER MS. ROBINSON: COMMISSIONER MS. ROBINSON: No. CARTER: Or for COs? No, none of these did. CARTER: Okay. There were -- let's see. Aston Gardens was primarily the institution that was represented quite ably by Mr. Yovanovich. And at the time of their last appearance before the board, the board ruled that if they secured their deed restrictions prior to the issuance of a Certificate of Occupancy, then the board would have them exempt. They would be exempt. And in most instances, that did apply. However, there are still two buildings in which the Certificate of Occupancy was issued prior to the recording of the deed restrictions. And our position is that a retroactive filing, or a filing after the fact, doesn't put the properties in the position that they should have been in when the fees were due. It does make them exempt, perhaps, in the future, but not in the past. And so I think the issues can be easily summarized with all of these institutions. They're basically the same. There're different facts for each one, but essentially the legal issues are pretty much the same. COMMISSIONER CARTER: Okay. What I was looking for, if there was a way to deal with the school impact fee issue collectively across the board from -- just as a quasijudicial person, feeling that each case that I rule on up here as a commissioner sets a precedent for the next case that comes in front of us. And I'm saying, how could I, thumbs up, thumbs down back and forth without creating more turmoil judicially, because if all these groups are going to go to court, what is it going to cost us in legal fees to defend ourselves in this process? I'm trying to find a clean way to deal with the issue, and maybe we have to go case by case, but if there was some way to deal with Page 160 November 5, 2002 this in a broader basis by looking at school impact fees, do we or don't we, then that relieves that point in the case for all cases. But if there's mixed issues here on certain cases, then those have to be heard individually. I'm looking for procedure. MS. ROBINSON: Yes. Commissioner Carter, if I may speak to that. COMMISSIONER CARTER: Yes, ma'am. MS. ROBINSON: Our office has taken the position -- and David can correct me if I'm incorrect here -- that what is before you today is a request by staff for you to engage an administrable act of approval of the filing of the claim of lien. These matters are on the county manager's agenda. They originally were on the agenda for consent. We have not requested a full-blown hearing today, although we are granting -- or the county manager's granting the property owners the ability to come before you and state their case. We're simply asking you to do what you've done in the past, which is allow us to continue to proceed with the collection effort. And this is a necessary process under our ordinance in order to proceed. Thus far, the cost of the litigation hasn't been very much because most of it, if not all of it, has been handled in house, in our office. COMMISSIONER CARTER: Well, that will be the will of the board in the way you want to proceed. I'm not necessarily comfortable where we're going, but I will swim through it to find out -- you know, if we're going to proceed with this, you know, do you proceed with filing the liens, which leads to coming back to full-blown hearings, and finally, ups or down into the courtroom, that causes me some concern. If there's a way to do that up front and not have to proceed if we get resolution, that makes sense to me. But I'm not an attorney. I'm not going to start practicing law here in my last meeting. Page 161 November 5, 2002 But I think I've sat through enough of these that -- I've heard some pretty strong arguments on the Aberdeen case, statute of limitations, and the filing of deed restrictions that raises a lot of questions in my mind, that if I had to sit here six months from now and go through this, would it be any different than what I'm going to hear today? And counselor, I can't answer that question at this point. MR. WEIGEL: Yeah, I'll respond briefly, and that is, whether there are issues of statute of limitations, those are defenses that are raised in court. In regard to deed restrictions, again, the efficacy, the appropriateness and timeliness of deed restrictions is one which essentially we have little ability to weigh on the county. We are, in essence, sort of trustee administrators on behalf of the school board, and so for the -- it's very difficult for the county to step out alone and say, we don't believe we should go forward and collect these fees because of difficulty or cost of litigation, because, in essence, we're part of the process with the school board, and of course, the clerk's been watching us very closely and helped us initiate this process in the first place. So it's not easy. It's a bit difficult, although interestingly enough; the facts and the law are going to be probably straightforward arguments, and I tend to think that the litigation, if and when it ensues, will not be particularly time-consuming or extraordinary. COMMISSIONER CARTER: I'm going to ask you one more question, and beg the time I'm taking. Procedurally, who had the responsibility to initiate this challenge? Are we the keeper of the impact fees or did we delegate that to the school board and should the school board be the one that is proceeding with this versus the Board of County Commissioners? MR. WEIGEL: That's a very good question. I think that this -- Page 162 November 5, 2002 that this governing body and the school board could enter into an agreement toward the -- toward that if it wished -- if it wished to entertain that further. I really do believe though, up to this point in time, that the county staff, county attorney office, and the clerk, you know, recognize that we are enforcing a county ordinance. It happens to be to the benefit of the school infrastructure, but we have standing, and in fact, are the ones that have to stand forward on this unless someone else would step up and go forward on our behalf. COMMISSIONER CARTER: Thank you, Counselor. That's all of my questions. CHAIRMAN COLETTA: Commissioner Fiala? MR. MUDD: Mr. Chairman, if I can interject real quick to make sure that we have some specifics. There was a mention of six. On the agenda today, you have five ALFs or items that are strictly school, okay? And they are 10(D), they are 10(H), they are 10(I), they are 10(J) and 10(N), okay? All of the items -- and there's nine of them that are still active on this agenda, because (L), (M), and (O) have been taken off and deleted from the agenda. It totals impact fees -- and I've got the most recent that was done this morning. What you have in front of you is $919,217.56 in impact fees that we're trying to collect. It breaks out to $739,131 for schools, $102,884 for parks, $32,132.56 for libraries, and $45,070 for roads, that gives us a total of $919,217.56, and that's what those items represent in front of you today. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Thank you. Just a point of clarification. You had mentioned something about before they filed their documentation for exemption, they're stating that there had never been children living in there. I kind of was under the impression that the building was what was charged the impact fee, not the business. Page 163 November 5, 2002 So just -- and I'm -- you know, correct me there, but if it's -- if the impact fee is with regard to the building, building height, building dimensions and so forth, if, for instance, that business, that ALF goes bankrupt for one reason or another and then they have to sell that building to a children's nursery or to a -- you know, to maybe a private school, then do they charge the impact fee? MR. WEIGEL: I'll respond to that. The impact fee paid upon initial construction on undeveloped property is an impact fee that runs with the land and, therefore, having once been paid, if the uses don't change to have an additional or higher impact against the property, whether it's education impact, roads, parks, everything else of the impact fees, if there's no higher impact with successive ownership and change of use, then there's never a requirement for additional impact. But even with a single-family home, if you add on a bunch of rooms and convert it to something different than initially provided for under the terms and measurements that go into determining impact fees for single-family homes, then an additional impact fee would be paid at the issuance of the building permit to effectuate that new change to the premises. And it's no different whether it's a commercial structure or a residential structure. So I think where you're looking here is that once paid, then the property continues to have the ability to have all the impacts that those payments -- that those impact fee payments were endeavoring to cover. COMMISSIONER FIALA: But if not paid, then -- COMMISSIONER CARTER: Well, I think what happens, Commissioner, is, if you change the use, you have to go with the new impact fee. There might have been a base amount paid, but if it's a higher use, higher impact, you've got to pay the difference. COMMISSIONER FIALA: Okay. Thank you. MR. WEIGEL: But you also mentioned, if not paid. Again, if Page 164 November 5, 2002 you come in again -- again, as Mr. Carter had said, if they're not paid and the use -- a new use comes in, then you pay -- you come in and pay that at that time, the additional fees due. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Let me see if I can -- I can understand exactly what you're recommending, David. I mean, not that it's obscure. I just want to make sure -- MR. WEIGEL: No. COMMISSIONER COYLE: -- that I understand. You're suggesting that all of these issues are a simple matter of interpreting the ordinance. MR. WEIGEL: And applying the case law. COMMISSIONER COYLE: And applying the case law. MR. WEIGEL: Yes. COMMISSIONER COYLE: And the decision really is whether we apply a lien because impact fees have not been paid or not file a lien. MR. WEIGEL: That's right. COMMISSIONER COYLE: So the question seems to be relatively simple under the law, that if you didn't have a deed restriction at the time of Certificate of Occupancy, at least by that time -- MR. WEIGEL: Or some other instrument or inability to have school-aged children residing there. Because there might be some other instrument or some other restriction in place, such as a license with the state that prohibits a use including children to reside there. Any of those elements, if they were present or not present is what we're looking at. COMMISSIONER COYLE: Okay. Then that makes my question a little more difficult, because what I was trying to determine is, if you were recommending that we just make the decisions of whether or not we apply the liens to all of these Page 165 November 5, 2002 properties because you have advised us they're deficient and then deal with the justifications that they might have, why these liens should not be appropriate at some later date, is that what you're saying to us? MR. WEIGEL: Yes, I am. That's a good point, because once the liens are applied to the property, that will have an effect on the property owners. Again, whether it's individual owners or a corporate owner really makes no difference, but the ownership of record will find that their title is, in fact, affected. One might say dirtied in the sense that there is a lien against their property. That may have ramifications with their lending -- with their lenders who may or may not have agreements with these developer enterprises, that there should be no liens on their property that have the equivalent status as tax liens while they are still being financed and paid for over time. Now another reason that the lien -- the filing of the claim of lien on the property records is important and, in fact, necessary is that if it's not done, there cannot be the following action of initiating a lawsuit. And in fact, if not done, then issues of statute of limitations will become even more significant and problematical if we intend to continue our enforcement and collection efforts. COMMISSIONER COYLE: My only reservation with that approaCh is that we might be taking action that will create financial hardships for someone particularly if they -- their lending institution will not permit a lien against the property, even though they might have reasonable justification to convince us that we really should remove the lien. And it puts them at a very difficult position. How would you recommend we deal with a situation like that? MR. WEIGEL: Well, another good question, certainly, and that is that these institutions, these facilities, have known of this issue now for quite some time. They probably have had an ability to get their ducks in order one way or another, including with the assistance Page 166 November 5, 2002 of counsel. Additionally, there's the possibility that they would be treated, arguably, no different than a new development that wishes to come on-line but they don't like the impact fee that they're being charged. They pay under protest in that circumstance and then argue about it later. COMMISSIONER COYLE: So there's nothing with respect to the process you're recommending that would close out anyone's right to come back to us and say, you should not have placed a lien on our property and this is why? MR. WEIGEL: Well, I don't see an ability for them to come back to you in a nonlitigation status and say to you, no, we want another.hearing on this of some kind of another. And this -- these agenda items today are not for an extensive hearing on other issues other than just looking for your continued support for us to apply the ordinance. There is an argument that, based on your prior direction to us, these -- these claims for lien would just be filed in the normal course of things. But we're very concerned about working with the affected public and the affected owners and with the school board and the clerk so that, in fact, there is another opportunity, call it due process or extra due process, for affected representatives or the affected properties to, in fact, make a statement on the record to you today, that we will advise you now and probably advise you after they make their statements, that we're really only looking for your continued endorsement for us to go forward toward the enforcement of these liens. COMMISSIONER COYLE: Well, does that process not force them into litigation as a way of resolving the dispute over the liens? MR. WEIGEL: It probably does. COMMISSIONER COYLE: Is that in everyone's best interest? Would it not be better to try to find some resolution, if a resolution is Page 167 November 5, 2002 possible, before we get into court? MR. WEIGEL: Well, we've been working a long time even to get to this point, and it appears that it may be relatively irresolvable other than the fact that I think this board would be in a difficult position to start to accept settlements of money that's ultimately for the benefit of the school board. It would require a coordinated effort with the school board if we get into that prelitigation. COMMISSIONER COYLE: Are the legal fees associated with defending our position paid for out of school impact fees? MR. WEIGEL: I don't think so. I don't believe so. COMMISSIONER COYLE: Can we? Do they come out of ad valorem property taxes? MS. ROBINSON: I think we definitely could. COMMISSIONER COYLE: You could? MS. ROBINSON: Yes. CHAIRMAN COLETTA: Well, I think that's an absolute necessity. COMMISSIONER COYLE: Then let's go after it. Somebody else is paying the legal fees, who cares? CHAIRMAN COLETTA: No, no. MS. ROBINSON: I want to make one other point pretty clear, Commissioners, and that is the ordinance that you voted in, the consolidated impact fee ordinance, and the ordinance that it replaced, the former impact fee ordinance, did provide several mechanisms for the property owners to come forward and attempt to request a full hearing on these matters and present their cases to you. Only in one instance -- only in two instances did the property owners do so, so there were administrative processes that were available that were not availed by the property owners. COMMISSIONER COYLE: And they were notified of this at that point in time? MS. ROBINSON: Yes. We notified and the impact fee Page 168 November 5, 2002 coordinator staff notified the property owners several times. In fact, more times than our ordinance required. COMMISSIONER COYLE: Okay. My final question then is this, since we have had-- we have provided the affected properties an opportunity to have a hearing on this in the past, is it your assessment that those people who have not chosen to come and take advantage of that hearing process today are people who will accept only one of two solutions, one is that we drop the impact fee completely or they're going to take us to court? MS. ROBINSON: That's-- MR. WEIGEL: I suspect that's the case. COMMISSIONER COYLE: Okay. MR. WEIGEL: We do have one, as I mentioned, Lely Palm and Manor Care, which has submitted in writing an offer of approximately $45,000 toward what we believe is an 84,000 and change outstanding debt. That is not before you today and it would be inappropriate for us, the county attorney office and manager office to bring it to you today without working with the outside -- with the counsel for the school board and probably the school board itself. COMMISSIONER COYLE: Okay. Thank you. CHAIRMAN COLETTA: Okay. Before we go on to Commissioner Henning, then Commissioner Carter, at what point are we going to be ready, gentlemen, ladies and gentlemen, to move this up so we start hearing these petitioners and going forward on it? I think we covered this procedural part of it fairly well. I feel comfortable I understand it, but let's go down the line here. Commissioner Henning? COMMISSIONER HENNING: Good for you. At some point in time I would like to hear from the school board's attorney on the opinion of using school impact fees to litigate this case. MR. WEIGEL: That's fine. And in fact, Mr. Tindall reminded me that administration for enforcement is provided in the ordinance. Page 169 November 5, 2002 I just didn't recall it as I was responding to you. So from the county attorney office and Mr. Tindall on behalf of the county manager's office, we indicate that it is there. It would be nice if the school board attorney would recognize that too. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: Commissioner Carter? COMMISSIONER CARTER: It probably won't work, but I would have suggested they collectively would have had a meeting with the county attorney under the direction of the Board of County Commissioners. As I said, you come to this meeting, you sit down, you work through this or the next stop is the Board of County Commissioners and long case presentations, and see if there isn't some resolution. And we may be beyond that point, we may have to listen to all these cases this afternoon. I have serious questions in my own mind if we're not just running down a slippery slope. It is not going to end up where I think the Board of County Commissioners is going to be in the future. Your call, Mr. Chairman. CHAIRMAN COLETTA: Well, let's proceed. COMMISSIONER COYLE: Sue had a question. CHAIRMAN COLETTA: Who has a question? COMMISSIONER COYLE: Sue. CHAIRMAN COLETTA: Sue, go ahead. MS. FILSON: We need to change stenographers. CHAIRMAN COLETTA: You need a break, no problem. Okay. MS. FILSON: We're going to switch. CHAIRMAN COLETTA: Yeah, okay. We'll take a five-minute break. Don't go too far. (A recess was taken.) Item #1 OD Page 170 November 5, 2002 CLAIM OF LIEN FOR ENCORE SENIOR VILLAGE FOR IINPAID IMPACT FEF. S-APPROVED CHAIRMAN COLETTA: With everyone's permission, why don't we proceed with the first item, which is Item D. Am I correct? MR. MUDD: 1 OD, and that's the claim of lien for Encore Senior Village. CHAIRMAN COLETTA: Okay. Do we have a presentation to make from the county's side or does what we already had, that covered them in blanket? MR. WEIGEL: Yes, you've had that. CHAIRMAN COLETTA: Okay. Fine. Then we'll go to the petitioner that represents them. Is there a petitioner here for Item D? MR. WEIGEL: They're not a petitioner, but it may be a representative of the facility. CHAIRMAN COLETTA: Yeah, that will work fine. MS. FILSON: I have no speakers, sir. CHAIRMAN COLETTA: No speakers? COMMISSIONER FIALA: Then Mr. Chairman, I would like to make a motion to approve the claim of lien to be filed in the amount of $49,620. CHAIRMAN COLETTA: Okay. And I'll second that. Have a motion from Commissioner Fiala for approval, second from myself, Commissioner Coletta. Any discussion? All those in favor, indicate by saying aye. Opposed? COMMISSIONER CARTER: Aye. CHAIRMAN COLETTA: And Commissioner Carter is the dissenting vote with Commissioner Coyle missing. Item #10E Page 171 November 5, 2002 CLAIM OF LIEN FOR ASTON GARDENS AT PELICAN MARSH FOR IJNPAID IMPACT FEES-APPROVED The next one is E. MS. FILSON: This one I have speakers on. CHAIRMAN COLETTA: Fine Well, why don't we go first with the petitioner or the representative first, if they're here. MR. MUDD: 10E is a claim of lien for Aston Gardens at Pelican Marsh. MS. FILSON: The first speaker will be Rich Yovanovich, and he will be followed by Matthew Hoffman. MR. YOVANOVICH: Good afternoon, Commissioners. For the record, Rich Yovanovich, representing Aston Care in this matter. I want to start out by going back to an earlier discussion the Commission had on impact fees, and that there is a constitutional test that applies to charging impact fees, and it was a -- it is a two-prong test, and this two-prong test has existed since 1976, and it applies to all impact fees, whether it be for water, sewer, roads or, in this case, schools. And the test is as follows. The first is that the local government, not me, the local government must demonstrate a reasonable connection or a rational nexus between the need for additional capital facilities and the growth in population generated by the subdivision. The burden is on the government to prove there is a need for more schools as a result of my client's facility. The second test is that the government must show a reasonable connection or rational nexus between the expenditures of the funds collected and the benefits accruing to the subdivision. So you also have to .prove that the money you collected from our subdivision was spent to benefit our project. I submit to you that Aston Care, and we've had a long Page 172 November 5, 2002 discussion about this, this is probably the first one that was raised, has no impact on the school system. It does not generate any students and clearly the money you're collecting will never go to the benefit of the residents of Aston Gardens. Aston Gardens is an adult community. It has always been an adult community. The buildings in question were permitted in 1998, the application in 1998, finally approved in 1999 before the Aberdeen case. Now, what the county attorney's office hasn't fully explained to you is that the Aberdeen case doesn't deal with adult congregate living facilities or adult facilities, because in that case, which is a Volusia County case, Volusia County already acknowledged in their impact fee ordinances that those communities don't have an impact, and they didn't charge those communicates school impact fees. That case deals with a mobile home park that was a 55 and older mobile home park, and that mobile home park basically said, we have no impact, therefore, you can't charge us impact fees. Aston Gardens is just like the Aberdeen mobile home park. We've never had the ability to have students live there. There has always been a contractual prohibition from children coming to visit for more than two weeks at any one time and three weeks in any year. That contractual provision has always been in place before anybody moved in. There was a written prohibition for residents staying -- from students -- I mean, children actually coming and becoming permanent residents. In fact, we met with your staff almost two years ago now to explain how we operate our facility, and your staff issued a check refunding both the school and the road impact fees, because they acknowledged we didn't have an impact. That check was issued on August 1 st, 2001. Almost a year later, I get a phone call and I'm invited to a meeting with your staff, and I'm informed that the County Attorney's Page 173 November 5, 2002 Office had advised them that they were incorrect, and that we needed to have a recorded deed restriction in place in order to be exempt. Well, I submit to you, Commissioners, that that Aberdeen case does not say that. The Aberdeen case said that in this particular case where there was a recorded deed restriction you could not charge an impact fee. It didn't analyze whether there were other means of getting there to assure that there is no impact on the school system. We have met with your staff and we had said, I'll tell you what, we'll record the deed restriction and we did that, so that the staff could be comfortable regarding school-age children from that point forward. We have provided them copies of our contracts that showed you cannot have children there. We have provided an affidavit on two separate occasions as to the ages of everybody who has ever lived there regarding school-aged children, and I will tell you that we have 253 residents, and of those 253 residents, there have been two under the age of 70. One was 66, and she moved in after the recording of the deed restriction. The other one was 64, and they moved in before the recording of the deed restriction. What this affidavit proves is that we have always enforced our written, contractual prohibition on children. We provided that information in reliance upon a letter we received from your staff, and I want to quote part of what that letter says. It says, if you can demonstrate that school-aged children have never resided in the units between the issuance of the certificates of occupancy and the filing of deed restrictions, we will be pleased to examine the materials to determine if an exemption should apply. I have provided that information. I have yet to get a written response to that information. I'm assuming, since we're here today, that the county attorney's office, for whatever reason, doesn't accept that information as enough. So I differ that there has actually been dialogue. We have Page 174 November 5, 2002 provided information on request and we don't get a response. We also wrote to the School Board staff and asked, could you provide'us a letter, basically saying that no children have ever lived in Aston Gardens and you've never had students from Aston Gardens in the school system. The original response was sure, then we were later contacted and said, well, we really need that letter to come from Collier County. I provided that information to county staff, and to my knowledge is the county attorney's office has yet to ask for verification that there are any students that have ever resided in Aston Gardens. And Commissioners, I want to read to you again from the Aberdeen case, because I don't know that you have been provided with all of the information. CHAIRMAN COLETTA: If I may ask you, about how much longer will you need -- MR. YOVANOVICH: Probably a minute. CHAIRMAN COLETTA: Okay. Go ahead, sir. MR. YOVANOVICH: The Aberdeen court, which is the Florida Supreme Court said -- it talks about the possibility of students, because what I understood the county attorney's office to say is that if there was a mere possibility, you have to charge the impact fees. The Aberdeen court didn't say that. What the Aberdeen court said, it says the rational nexus test requires Aberdeen to have more than a possible or an incidental impact upon the need for schools. In the final analysis, housing that allows children is the land use that creates the need for new schools. Our land use is an adult only community. We don't create the need for schools. What I'm asking for, Commissioners, at this point is, is that the Commission look at this, take a step back and say, is there an impact for the school system. I think the answer clearly is no. There never Page 175 November 5, 2002 has been an impact to the school system. There never will be an impact to the school system. There is potentially, possibly a remote chance, but the Aberdeen case says that's not good enough. Commissioners, I don't think that the county taxpayers or even the school impact fee trust account wants to spend the money on this case as well as the cases you're going to hear from to ultimately find out that you're wrong, that you don't have an impact. Impact fees can only be charged if there's an impact. It's different from ad valorem taxes where you don't have to show the impact. We respectfully request that the claim of lien not be filed, and in fact, there is some money that is owed to us. We have paid some fees under protest before the recording of the certificate of occupancy. Certificate of occupancy was issued simultaneously with the recording of the deed restriction, and for whatever reason, we're not getting any credit or getting that money back. Matthew Hoffman can get into greater detail on the operations of Aston Gardens, and if you have any questions for me, I'll be happy to answer them. MS. FILSON: Your next speaker is Matthew Hoffman. He's your final speaker on this particular issue. MR. HOFFMAN: Good afternoon, Commissioners. My name is Matthew Hoffman. I'm the vice-president of development for Aston Care Systems. Approximately two years ago our company, with the help of counsel, sought the direction and input of the staff on how we could address the school impact fee issues. We provided all of the requested information and the fees that were paid were refunded to us. As Mr. Yovanovich said, the course went on. Upon the request and the awareness of the necessity for an easement, we recorded it to follow the county's request to do that as well. As Mr. Yovanovich alluded to, from day one, we have had a leasing contract or an instrument, as the attorney -- county attorney's Page 176 November 5, 2002 office referenced, that said that no one under the age of 55 could live in our community, and that was a signed contract that was executed with every resident in our community. At the time of permit pulling for all the buildings in question, when the permit was pulled to build them, at that time we did meet the current definition of an adult only retirement community, and that has changed with the new impact ordinance, thus the Aberdeen case. Per the exact language that you had up on the screen earlier today about impact fees, is that they must be assessed commensurate with the burdens upon the public facilities created by the new development. We've done everything we can, and I think reasonably demonstrated that our development has no impact, and because it has no impact, we're requesting that there should be no fee associated with it. By applying the lien now, if that were to go forward and that would be your decision, you are penalizing us for a decision that you'd like to make later, and so I, you know, ask that you consider that, and that you not go forward applying the lien to our company, but that we take the steps necessary to work this out before we reach that point. Thank you. CHAIRMAN COLETTA: Thank you. Commissioner Carter, Commissioner Henning. COMMISSIONER CARTER: I have two questions for you, sir. MR. HOFFMAN: Certainly. COMMISSIONER CARTER: One, have you paid all other impact fees, road impacts, parks, et cetera? MR. HOFFMAN: We have paid road impact fees. I know that also with this issue that we paid originally our road impact fees under the congregate care adult facility, and the county has come back and said, you shouldn't have been classified that way because you didn't have the deed restriction in place at the appropriate time, and we want you to pay the multi-family rate, and our argument on that issue Page 177 November 5, 2002 is indeed that we're not multi-family, we're adult congregate, and we paid those fees. So relative to all other fees, we have paid them. We're not arguing that we should pay impact fees, and we -- COMMISSIONER CARTER: I understand. The second question, how much school impact -- school ad valorem fees taxes do you pay a year? MR. HOFFMAN: I do not know the answer to that question off the top of my head, but I can find out for you. COMMISSIONER CARTER: Any idea? MR. HOFFMAN: We have -- I don't know, sir. I don't know the answer to that question. I apologize. COMMISSIONER CARTER: But you do pay them? MR. HOFFMAN: Absolutely. We have approximately 260 residents right now living in our community, and when it's full, the occupancy will be nearly 400 there, people paying taxes in the county. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Rich, at the time of C.O., is that when you filed your deed of restriction or was it much after that? MR. YOVANOVICH: It was -- it was -- we -- it was prior to that, except for it was on all but three of the buildings we were able to record the deed restriction prior to C.O. On the first three, the C.O.s occurred before the Aberdeen case came out. So it was impossible to -- you know, it's easy to be a Monday morning quarterback, you know. In 1998, if we all knew that Aberdeen was going to come out that way, we would have recorded the deed restrictions. Nobody knew that, including the county, when it adopted its ordinance, because if the county had thought that the only way to get an exemption was to have in its ordinance, thou shalt have a recorded deed restriction, you could have had it in your ordinance and we Page 178 November 5, 2002 would have done it. What we're saying is nobody knew about it. We have taken measures to comply with the Aberdeen decision, and therefore, why are we trying to collect from a facility that clearly has no impact. COMMISSIONER HENNING: I guess on this case the question would be what are we charging them for? Is it the first three buildings or is it thereafter, or a combination of both? MR. WEIGEL: Commissioner, I think it's just those first three buildings. COMMISSIONER HENNING: Okay. MR. WEIGEL: And the other ones -- this was a phased development, and the other ones came in later, and they had documentation at or prior to C.O. CHAIRMAN COLETTA: I got one question that I'd like to ask. Would this be something that we -- that would be legally defensible if we went to court with it? Could we expect to be -- to -- reasonably expect to win in the end if we were to find that they still owed these impact fees? MR. WEIGEL: Well, if the court found that they owed them, then we've won, but I think that there is a reasonable case to be made, based in part on the fact that there is not a complete definition provided by the case law in this regard, and again, the county attorney doesn't come forward on this alone, but we're working with the clerk's office as well as the School Board, and we believe that there's an -- there are some issues here that aren't answered, and besides which there are, I would say, hundreds of thousands of dollars of fees for these types of facilities and other facilities, mobile homes or R.V. parks and stuff, that have been collected. So to reverse our stand at this point and decide that this is something not to go forward may potentially put the county in a position of having to refund or at least be at challenge for fees that have already been collected over a period of years. Page 179 November 5, 2002 CHAIRMAN COLETTA: And what is the recommendation from the clerk's office? Do we have one? MR. WEIGEL: Well, the clerk's been working with us consistently at this point. Jim -- thank you. I'm glad you're here. MR. MITCHELL: Commissioners, good morning. For the record, Jim Mitchell, the director of finance and accounting. And Jackie and David are correct, we have been step and step with them along the way. The one thing to keep in mind is this is not our fight. This is definitely an issue that's the Board and also the School Board, but we feel that we have an interest in it from the standpoint that you had an ordinanCe in place, the impact of the ordinance, and if there is a question of whether those impact fees should have been collected, I think you have to apply a test and see what the law says. Listening to Dave and also Jackie speak, I think they have a very good argument there, and I think the only place that it appears that we're going to be able to solve this is in the courts. So we're relying on what David and Jackie have to say in this particular issue. CHAIRMAN COLETTA: Well, I got an answer. I'm not too sure what it was, but I got an answer. So here we are. And I want-- COMMISSIONER CARTER: I'm going to make a motion that we drop the filing of the claim of lien against Aston Gardens. CHAIRMAN COLETTA: I think the motion failed because of the second. That leaves us one other option. COMMISSIONER CARTER: Well, I'm not going to make it. CHAIRMAN COLETTA: And I'll go ahead and make it, that we follow staff recommendations and file the lien. COMMISSIONER FIALA: And I second it. Page 180 November 5, 2002 CHAIRMAN COLETTA: Motion by myself, Commissioner Coletta, second by Commissioner Fiala. All those in favor-- well, any discussion? Hearing none, all those in favor, indicate by saying aye. Opposed? COMMISSIONER CARTER: Aye. CHAIRMAN COLETTA: And the opposing vote is Commissioner Carter. Item #1 OF CLAIM OF LIEN FOR ARDEN COURTS AT LELY PALMS AND MANOR CARE AT LELY PALMS FOR UNPAID IMPACT FEES- CONDITIONAL ACCEPTANCE OF $45,000, BASED UPON APPROVAL BY THE SCHOOL BOARD AND THE CLERK OF COURTS; IF NOT APPROVED BY THE ABOVE REFERENCED, CI,AIM OF IJFN WIIJJ FIFJ FIIJF, D Okay. Moving on. The next one is -- MR. MUDD: It's 1 OF, and it's the claim of lien on Arden Courts at Lely Palms and Manor Care at Lely Palms. MS. FILSON: And Mr. Chairman, I have three speakers on this one. CHAIRMAN COLETTA: Okay. Would you go ahead and call them forward? MS. FILSON: Michael Ciccarone. He will be followed by Mark Broussard. CHAIRMAN COLETTA: Go ahead, sir. MR. CICCARONE: Mr. Chairman, good afternoon. My name is Michael Ciccarone. I'm the attorney for the operator of the facility. We actually lease the ground from another entity. We don't -- we don't own the property, but we have been assessed an impact Page 181 November 5, 2002 fee deficiency, which I would like to explain to you and give you some dates and numbers, because our case is considerably more complex than the last one. We're talking about two separate permits that were issued in 1997. One was for the addition to a nursing home, and there appears to be no dispute that that's a nursing home. The number of beds built were 20. The owner was assessed for 10. These are undisputed facts. The other, which is the more complicated one, is the Arden Courts facility, which consists of 52 specially licensed ALF units. This is not merely an ALF. This is an extended Alzheimer's care facility, licensed as such by the State, and I want to share with you the numbers that are at issue here. There is an alleged deficiency of $9,387.04 for parks. This relates to the 52 unit facility. There is an alleged deficiency for schools of $43,004.50. This also relates to the 52 unit facility. There is an alleged $30,056 deficiency for parks associated with the 52 unit facility. Not shown on your agenda sheet is a purported overpayment of $3,085.76 relating to the nursing home. With respect to roads not shown on your agenda sheet is an offset which reduces the -- it's an offset of $1,768 which reduces the alleged deficiency to $102. We are the entity which made a $45,000 settlement offer. It's unfortunate that you've been told you can't consider it, because I think you have to understand that this is not a free ride for the county. This is not a risk-free matter. Mr. Yovanovich has already explained the Aberdeen case. I have to 'point out that the government attorneys are the only attorneys I've ever talked to who read the Aberdeen case the way they're reading it, but they're your attorneys, you'll have to make a decision on whether you care to run the risk. One of the risks you have to consider is you are now about to record a lien. You are now about to slander title. That carries with it Page 182 November 5, 2002 liability. I am professionally obligated to advise my clients, not merely to defend what we've done, but to counter-claim for damages which will include all of the fees that they will spend on this case. So you had better be right. I'm not going to repeat Yovanovich's arguments. They were very well done. What he didn't tell you, and the other attorneys probablY will allude to this, that there's a statute of limitations issue. We hear about this four years later.9 There are principles called equitable estoppel. The govemment can't go back ad infinitum, revisit an issue, say, gee, we made a mistake in good faith, pay us $90,000, without some consequences. As we see it -- the reason we made a $45,000 offer is quite simple. It actually represents more than what we should have been charged for parks and libraries, but weren't. For some reason, those fees weren't charged. They should have been charged at the nursing home rate. I think it's too late to charge them, but we were going to pay them, plus. I guarantee you that if you do on this case what you just did on the last one, that offer is off the table. We go for broke at that point. All or nothing. And so you need to understand that the advice you're getting carries with it some risks. I'm going to have Mark Broussard come up. He runs the facility, 52 bed facility. He will testify that under the laws of this state, under their license, it is absolutely legally impossible to have anybody living there except medically certified persons who have been diagnosed with dementia, who are under -- please let me finish. CHAIRMAN COLETTA: Please wrap it up, sir. MR. CICCARONE: There's a lot of liability here. CHAIRMAN COLETTA: I need you to wrap it up. MR. CICCARONE: I'm getting there. These people have been diagnosed with dementia. They're under legal guardianship with powers of attorney. It's a locked down Page 183 November 5, 2002 facility.' They can't leave except in the company of an employee or relative. He will testify you cannot get the license before the building is certified for occupancy. It's a legal impossibility for us to meet the test that the county attorney tells us we have to meet under the Aberdeen case, and yet, just as Mr. Yovanovich said, we have no impact on the schools. We couldn't if we wanted to. We would lose our license. Mr. Depew will explain to you how, even if that argument's not persuasive, your staff is not reading their own ordinance correctly. What we are is a nursing home. CHAIRMAN COLETTA: Sir, wrap it up. MR. CICCARONE: I'm done, sir. Thank you. MS. FILSON: The next speaker is Mark Broussard, and your final speaker on this issue is David Depew. MR. BROUSSARD: For the record, it's Mark Broussard, and I'm the executive director of Arden Courts, 6125 Rattlesnake Hammock. Arden Courts is -- basically, I'm going to be testifying to an affidavit that you already received. It was sent back to you in January by Pauline Coram (phonetic). You may or may not have that affidavit with you. If you'd like a copy, I certainly have copies with me if you would like that. Arden Courts was built specifically for Alzheimer's and Alzheimer's related dementia disease. Everything right down to the commode seat was planned for Alzheimer's. Historically, other than mid forties, there's never been anyone younger with Alzheimer's disease. All right. So there wouldn't be anyone that is a child living there. A spouse of an Alzheimer's resident could not live in my facility without a doctor's order that says specifically that they also have Alzheimer's disease or some related dementia. It could not be. Page 184 November 5, 2002 Our population is specifically for Alzheimer's residents. No other person could live there. Children are not allowed in my facility. According to the state statute code, 58A-5.0181 lA of the Florida code again, it just does not permit children to live in my facility. We would allow them to visit, love to have children interacting with our residents, but they could not live there. Our facility is a secured facility. Residents have lost their ability to concentrate, to know where they are, to know what home is, to know how to tell a green light from a red light and a caution light. They could not drive. They have lost their license or had it revoked by a doctor. They're unable to drive a car. They live in our facility because they're unable to come and go with safety, so they live there in a secured facility so that they will know that they are cared for properly. We almost become their mind for them and provide the safety for them to live a more quality life. Another point is that our residents, okay, some of them believe they have homes, but their home is only a figment of their imagination way back when they were a child. They think they have a car. One of my favorite stories is Margaret, who got seven people together, and I met them in the hall about 5:30 during the sun downing period, and Margaret was going to take them home, and the funny thing is it was in her automobile, which was a '57 Chevy, and it was supposed to be in the parking lot, and Margaret hasn't had an automobile for ten years, all right, but she was going to take them all home. The only way that they do those things is in their minds, and that is very much confused and very much ill because of the disease that has got them. They couldn't be taken care of for anything else. Personally, I don't have to work at all. I do this because of dementia residents. I do this, not for the big bucks. I work 18 hours a day because of 52 people that are in my residence. By the way, Page 185 November 5, 2002 this is a 56 bed facility. I have 52 patients there. So it's a 56-bed facility, but I could have 56 residents there. They're all private rooms. No family members could do anything but visit. The only parking that is there is for family members, for my employees, and for visitors that visit these residents in their illnesses. This could not be anything else but an Alzheimer's under the Florida code, but also we're -- lease the property that we're on, and under that Naples Retirement, Inc. leasing agreement, we must be an Alzheimer's facility. If we decided not to run this Alzheimer's facility, the only way we could sell it is sell it to someone to run an Alzheimer's facility. That's the only thing that we could do with it. So for two reasons, that would never change. Thank you. COMMISSIONER CARTER: Mr. Chairman, I have a quick question, sir, just for numbers clarification. The total net that you are being liened for is $77,593.28? COMMISSIONER FIALA: No, not really. There was some discrepancy there. On page 10, I brought this up to the County Manager yesterday. On Page 10 it shows the $79,463, and they forgot to add in the eighteen oh seven. COMMISSIONER CARTER: So really, at the end of the day, pure settlement, we're looking at $34,463.28 is what we would lien for if-- well, we wouldn't lien for it. We have a choice to lien for the full amount, members of the Board, as I understand it, or take a settlement and for 34,463 to go do whatever you need to do. So just a point. Thank you, sir, for the clarification. MS. FILSON: Your final speaker is David Depew. MR. DEPEW: Thank you, Commissioners. For the record, my name is David Depew, on behalf of Arden Courts and Manor Care. I am a planner and I have been asked to take a look at your impact fee ordinances. I have some degree of experience reviewing impact fee ordinances throughout the state, and one of the things I Page 186 November 5, 2002 was asked to do was to analyze the ordinance without trying to put too fine a point on it, because based on five minutes, I doubt that I could even start to scratch the surface of the analysis, but let me tell you there is some serious problems with the impact fee ordinance that was applied at the time the permits were issued. Special attention should be focused on the definitional components of the ordinance. There are definitions for dwelling units, mobile homes, residential facilities, single family facilities. There are conspicuous, by its absence, no definitions for multi-family units, nursing homes or retirement communities. Correspondence has been received by the applicant at one point describing this as a retirement community rather than as a nursing or extended care facility, as described in your land development code. I also looked at the studies upon which the ordinance is based, the foundation studies that were undertaken by your consultants, and I can tell you that the definitions in the ordinance do not correspond to the definitions that were used in the studies in terms of the way they're being applied at this point. The definitions that were used in the studies were from the U.S. Bureau of Consensus and they equated households with dwelling units. Their dwelling unit definition does not equate household with dwelling units, and yet, that is the fundamental basis that the impact fee calculations were made upon, and that is where the levy is actually taken from, based on these households. Even in the instance of the households taken from the census data, there was a 5 5 percent reduction in the students per household based on the census data ratios and the actual Collier County data ratios. Had the ratio included nursing homes, that would have been reduced even further. So I would tell you that the basis upon which the impact fee levy for the school situation in regards to Arden Courts and Manor Care is being alleged at this point, is not based upon adequate Page 187 November 5, 2002 information, adequate data and analysis, and as such, I believe it fails one of the critical tests with regard to the impact fee ordinance. As I said, I've got a lot more analysis on this, but given the short amount of time, we simply don't have time to go into it at this point. Let me simply tell you that it is my professional belief that the impact fee imposition of the school impact fee and to some extent the other fees as well, which I haven't gone into, is simply not warranted based on the data analysis that the impact fee ordinance, which is being applied in this instance, is based. I'd be happy to answer any questions the Board may have. CHAIRMAN COLETTA: Commissioner Henning. COMMISSIONER HENNING: I have a question from staff on this item. Is there a statutes of limitations that applies to this issue? MS. ROBINSON: Yes, there's a statute of limitations that applies to this type of civil action. The question is, when does the statute of limitation begin to run, when do you count it. It can be either four years, which is the general -- I think everyone is in agreement that it's at least four. Under some circumstances, it may be five. However, it depends upon when the count occurs. If we concede it's four, when do you start counting the four years. That's at issue. That's something that's going to have to be determined by the court. COMMISSIONER HENNING: Well, the issue would be this was permitted in '94, correct, March 17th, '94? MS. ROBINSON: Yes. Is that correct? '94 and '97. There are two different building permits here. COMMISSIONER HENNING: Okay. What happened in '97? MS. ROBINSON: The main one, according to our numbers people, is the 1997 one. COMMISSIONER HENNING: Okay. And you said it could be four years or five years, whatever we apply? Page 188 November 5, 2002 MS. ROBINSON: No. Whatever the court determines based on the facts that are presented to it. There's one thing that I need to point out, and that is that the ordinance that Collier County has, that we are following, has a unique provision in it. And that provision is that it says that in the event Collier County staff determines that an impact fee was not paid at the time it should have been paid, then Collier County has the ability to send a notice of impact fee statement to the property owner. COMMISSIONER HENNING: Okay. MS. ROBINSON: And that's the procedure that we have been using. COMMISSIONER HENNING: Does that supersede any federal or state constitution? MS. ROBINSON: No, it's in line with any federal and state constitutional restrictions that we're aware of. COMMISSIONER HENNING: Okay. MS. ROBINSON: So, you know, we're following our own ordinance, which puts us in the position pretty much of where we are today. CHAIRMAN COLETTA: Silence is deafening. MR. WEIGEL: Well, I'll make a recommendation then, or at least a suggestion, and that is, Mr. Ciccarone, the first of the three speakers on this issue, appeared to reiterate his fact that he had provided -- they had provided a written offer of settlement. I again believe that this Board puts itself in a difficult position to accept a settlement without the approval of the clerk, without the approval of the School Board, and the School Board attorney, working with the School Board. If you wish to entertain the ability for this offer to settle at the figure provided to come back to you again, based upon approval by the School Board and the clerk, the School Board attorney, I guess that's an action that you could take. Page 189 November 5, 2002 I don't think an offer would have been made if they didn't feel that there was some risk on their part too. COMMISSIONER CARTER: I would entertone -- I would entertain, Counsel -- County Attorney Weigel's suggestion to this Board, under those conditions, to see what happens. CHAIRMAN COLETTA: So that's a motion? COMMISSIONER CARTER: That's a motion. COMMISSIONER FIALA: So that means talking to the School Board attorney as well as -- COMMISSIONER CARTER: We would accept a $45,000 settlement conditionally on the acceptance and approval by the clerk of courts and the School Board, then it would become a fact, a reality.' If it's denied in either one of those two instances, then it fails and you're right back to where you are today. COMMISSIONER FIALA: Okay. I'll second that. CHAIRMAN COLETTA: We have a motion by Commissioner Carter, and a second by Commissioner Fiala. Any discussion? Any other comments from the county attorney? MR. WEIGEL: Yeah, that would be that if it does fail on behalf of the School Board or the clerk, that we would have the authorization to file a claim of lien thereafter, if you wish to include that. COMMISSIONER CARTER: I will include that in the motion. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Okay. And with that, is there any other cOmments? MR. MUDD: Mr. Chairman, I'd like to make just one statement just so you know, that $84,000 that we're talking about impact fees, the school impact fee is 43,000, parks is 30,000, libraries is nine, and roads is about two. So that $45,000, depending on how it gets laid out, it will have to be proportional to all of those other ones, and I Page 190 November 5, 2002 don't think you're going to come off the parks, libraries and roads. So you're talking about schools getting something probably less than $5,000.' COMMISSIONER FIALA: Less their amount overpaid already, which was forty-eight fifty-three, right? MR. MUDD: I'm just talking about the amount totally owed at this juncture, ma'am. CHAIRMAN COLETTA: Okay. Any other comments or questions? All those in favor, indicate by saying aye. Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it 5-0. Thank you. Item #10G CLAIM OF LIEN FOR CANTERBURY HOUSE AT THE VINEYARDS FOR UNPAID IMPACT FEES-STAFF RECOMMENDATION REJECTED AND CLAIM OF LIEN NOT TO BE FII,ED-APPROVF, D MR. MUDD: at the Vineyards. MS. FILSON: Michael Volpe. Moving on, we're at G now. MS. FILSON: You have one speaker. That's the claim of lien on the Canterbury House We have one speaker on this, Mr. Chairman, Mr. MS. ROBINSON: On this matter, Your Honor-- sorry. CHAIRMAN COLETTA: That's okay. I will accept that demotion. MS. ROBINSON: On this matter, Commissioners, I would like Page 191 November 5, 2002 to clarify one point on behalf of the staff, and that is that Mr. Volpe's client did, in fact, receive a letter later than the other facilities, and that his time -- 30-day period has not run for him to appeal to the Board under our ordinance. However, in order to avail himself of that appeal right under our ordinance, he has to pay the amount of school impact fees that are owed. Then he can appeal to the Board. I just want to make that clear to you. CHAIRMAN COLETTA: Mr. Volpe. MR. VOLPE: Mr. Chairman, members of the Board, for the record, my name is Michael Volpe. I'm with the law firm of Robins, Kaplan, Miller and Ciresi, and I'm here today representing the Canterbury House at the Vineyards. I think early on in the presentation made by your county attorney, the emphasis was on the similarities of all of these particular cases, and I think what you've heard so far is there are similarities, but there are also some differences, and I'd like you to focus for just a moment on the differences for the Canterbury House at the Vineyards. In the first instance, I just want to locate Canterbury House at the Vineyards. It is in-- within the village square area of the Vineyards PUD, and I'll come back to that in just a moment. Commissioner Henning brought up the question of the statute of limitations, and there was some discussion. There is case law that indicates and that holds that in this particular instance, the applicable statute of limitations is four years. Impact fees are imposed at the time upon a land use and they are collected at the time of the issuance of the building permit. That's when they are supposed to be paid, at the time of the issuance of a building permit. The client that I represent made its application for a building permit in December of 1993, and the application was for a hospital, Page 192 November 5, 2002 nursing home and a custodial type of a facility. The building permit in this instance, Commissioner Henning, was issued on March 17th of 1994, and the building permit was issued for a hospital, nursing or custodial facility. Impact fees were paid in March of 1994. Commencement of construction began, and in January, a letter was sent by your staff indicating that they had miscalculated the impact fees for EMS, that it should have been calculated based upon hospital, nursing and custodial, and therefore, you owe additional impact fees of approximately $4,000 for EMS. This was in January. The C.O. for this facility was issued in April of 1995. This facility has operated since that time, which is some eight or nine years after the fact. The underlying debt here, if there is an underlying debt, occurred when it was supposed to have been paid and was not paid, and your county attorney's argument essentially says that we could decide at any time that maybe we did something incorrectly, and the statute of limitations never begins to run. In order for you to have a lien, you have to have an underlying debt. What's owed? You're trying to enforce what is owed and unpaid. So I submit to you there is case law, which I think your county attorney and his staff will acknowledge, says that there is a four-year statute of limitations, four-year statute of limitations, and even if it is five years, has long since elapsed, has expired. And Mr. Weigel says, you know, this is a defense to be raised in a lawsuit. I try to keep my clients out of the courtroom, and it is indisputable, those facts are undisputed as to when this building permit was issued. That's the issue of the statute of limitations. The other issue that we have has to do with zoning, and the zoning classification. Impact fees are imposed on the basis of a land use. This facility is located, again, in the village area-- square area of the Vineyards PUD. The only type of uses, zoning that is allowed in that particular district are institutional type uses; essential services, churches and other places of worship, including convents, Page 193 November 5, 2002 monasteries, rest homes, homes for the aged, and the like. In a little package, which were all public documents that I delivered to you, and I apologize, this morning, your county attorney has a footnote in our letter, which says if you can prove to our satisfaction that you are of a like facility, you're exempt because of zoning, and Mr. Weigel alluded to the zoning, underlying zoning as being one of those bases for exempting an organization. The only way I'm going to be able to convince you that my interpretation of what this facility is, is consistent with the zoning, is to ask for an opinion from your zoning director, and I submit to you that when that building permit was issued back in 1994, someone made the determination that this was consistent with the zoning, and so you'll create a conflict if you conclude otherwise that this facility is inconsistent with the underlying zoning. And the third -- I'll be just on moment. The third issue, really, is -- has to do with age. We've got other impacts other than school impact fees, but you've heard different people talk about the age restrictions. There is a Florida statute, and there is a provision in the administrative code that for an adult congregate care facility, it says that the admission criteria, you have to be 18 years of age and older. It's 400.041 of the Florida Statute, and the administrative code that's been promulgated. So I'm not sure, you know, in terms of the very, very strict interpretation of the Volusia case, that in this instance this facility, as long as it maintains its license consistent with the zoning, it cannot, under any circumstances, admit people under 18 years of age. The statute of limitations, and in this instance, the land use classification in terms of how we were classified, what we're permitted to do, the zoning district and the other has to do for all of your adult congregate care facilities, that there is a statutory provision, which I'd like to hear addressed by the county attorney, and the administrative code as to how you can admit anyone under Page 194 November 5, 2002 18 years of age to these facilities. We would ask that you not proceed to file a lien against the Canterbury House at the Vineyard. Thank you, Mr. Chairman. CHAIRMAN COLETTA: Thank you. MS. ROBINSON: Would you like me to speak to this? CHAIRMAN COLETTA: Yes, please. MS. ROBINSON: Okay. The PUD that Mr. Volpe is speaking of is very interesting in that it has a land use designation or an area designated village square, which really is not in our land development code. We have -- that PUD has a residential section, and it has a commercial section. And then it has this village square section. Now, it appears from all of the uses that are listed in the village square that they're commercial uses or institutional uses as he said. The problem -- one of the problems that we have with it is that an ACLF or an ALF is by statute a residential use. It's a residential use, not a commercial use. And the language, and the like, no one seems to know what that means. So you have what appears to be an area designated as a village square, which prohibits residential uses, and yet it has an ALF there, which we concede it is an ALF, and yes, we understand that an ALF license, which is a yearly license, as long as they have the license, they're restricted under that license to people who are under the age of 18 -- over the age of 18, and even if we assume for purposes of Mr. Volpe's argument, that no one attends school over the age ever 18, which is -- no, well, let's assume that no one attends the school who is 18 or over -- or under, then what we have is a situation where as long as they maintain their license, there won't be anyone there who is over the age of 18 -- under the age of 18. However, when they surrender their license, which is renewed on an annual basis, the question then becomes, what happens to that facility. Can that facility move into some other use, and our position is until that is Page 195 November 5, 2002 cleared up in the PUD, that and the like, what does it mean, and how do you have an ALF in an area that doesn't appear to be zoned residential, I don't see where there's an exemption that would hold. So not only could they move into some other use of that building, but it appears that there may possibly -- that they may be in violation of their own PUD at this point. MR. VOLPE: May I respond? CHAIRMAN COLETTA: I'm going to ask you to respond in a minute or less, okay? MR. VOLPE: That would be fine. CHAIRMAN COLETTA: The Commission may address some questions to you. MR. VOLPE: I guess, as it relates to the determination, the determination was made by your zoning director when the building permit was issued that this particular facility was within the applicable zoning. That was the determination that was made back in 1994. As it relates to 18 years of age and older, that hypothetical, I think Commissioner Fiala asked that question, is what happens if the use changes at that particular point in time. Well, what I understood the discussion was, is that at that particular point it time, if the use is different and has a greater impact, then you can go back and collect the impact fees that were not collected at that time. So that addresses, in my view, this concern that your staff may have about, okay, well, great, now what happens if they don't renew their license and it turns to some other use. But again, the statute of limitations is an issue that really needs to be addressed. It's either going to be addressed in this venue or somewhere else. I think, in this particular instance, unlike some of the others where perhaps they're on the cusp, we're talking about 1994, we're talking about eight years after the fact. Thank you, Commissioner. Page 196 November 5, 2002 CHAIRMAN COLETTA: Thank you. COMMISSIONER HENNING: Can we address the statute of limitations on this item, or is it the same as the one before? MR. WEIGEL: No. We can -- we can address that, and part of the question or argument before a court would be, is it a statute of limitations based upon a fixed point in time, such as building permit or C.O., or approval of a PUD, which I would argue is not the time in regard to impact fees. But is it -- or is it, as this court sometimes recognize, based on our ordinance, it would seem to indicate, based upon -- there's a term of art, it's -- essentially, it's upon coming -- on becoming a known issue. Now, there's an attempt in our ordinance to reserve the fact that if, in fact, through administrative error or mistake of law prior, earlier, at the time of permit issuance, if there was a failure to collect, it's a savings clause that attempts to say, if, in fact, it is determined that, in fact, there should have been a collection and it wasn't made, this is an attempt to make the county, or ultimately in this case, the School Board, if we're talking about education impact fees, whole because at the time of discovery is when that four-year statute of limitations would purportedly run. It's an issue that's not determined with certainty yet, but I want to say -- I do want to comment about part of Mr. Volpe's discussion there, and the fact that he's indicated that there was apparently restrictive state licensure in place for a period of years, and potentially from the get-go here. That was what I was talking about at the beginning of my discussion generally, and as Ms. Fiala mentioned earlier, if there's a change in use, and I had opined on that to her question, that if there is a change in use, then at that point the impact fee, based on the change and the additional impacts would be due, and I think that Mr. Volpe is stating the same thing. This potentially is distinguishable from a point in time after Page 197 November 5, 2002 issuance of a building permit or the issuance of a certificate of occupancy, where there was a space, a window of time where there was no either licensing requirement or some other deed restriction or other document -- documentation in place that would have prevented the use or the potentiality of use of school-age children being there. And so I wanted to make that statement on the record here, and I think that this is something that would need to be looked at a little bit further. CHAIRMAN COLETTA: Thank you. I'm going to ask the question I asked earlier. Would this be legally defensible, you know, reasonably legally defensible if we were to vote to go forward with the lien. MR. WEIGEL: I think that -- well, I think my opinion on this one, the facts will vary from case to case and render the opinion slightly different case to case, but I think that this is more difficult to defend, or in other words, more difficult to prosecute successfully, because we're essentially prosecuting to obtain enforcement of a debt we claim is owed. CHAIRMAN COLETTA: So this one would be more difficult than the preceding ones. MR. WEIGEL: Potentially more difficult. You're asking for an opinion, It's just an opinion. CHAIRMAN COLETTA: Right. So that if it's a little more difficult, then possibly the petitioner might have more cause to give reason to us that he is right in what he's coming here for. MR. WEIGEL: Potentially, yes. CHAIRMAN COLETTA: Well, I'm going to recommend that we reject staffs recommendations in this case. MR. WEIGEL: All right. CHAIRMAN COLETTA: And don't file a lien. COMMISSIONER CARTER: I will second that. CHAIRMAN COLETTA: Okay. So we have a motion from Page 198 November 5, 2002 myself, Commissioner Coletta, a second from Commissioner Carter. Discussion? MR. MUDD: Mr. Chairman, may I interject? CHAIRMAN COLETTA: You sure may. MR. MUDD: In the Canterbury House, there's a school impact fee of $43,000. There's a parks impact fee of $30,000, and there's a library impact fee of $9,000. And so far, we've heard -- we've heard the school piece, and we've heard about statute of limitations. Is the Board basically saying they're not going to look at the parks and library impact fee? CHAIRMAN COLETTA: I think the statute of limitation is universal. Isn't that correct, Mr. Weigel, be it impact fees for schools or impact fees for parks. MR. WEIGEL: I think it's a general provision in there. Yes, staff indicates yes. It's a general provision, so it would apply to all. CHAIRMAN COLETTA: I love it when they do this legal thing, and come out right for a change. Okay. Any other comments? Start with Commissioner Coyle and go to Commissioner Henning. COMMISSIONER COYLE: Yeah, I -- I feel uneasy about this entire process, quite frankly. I think many of the people who have come forward have reasonable arguments to mitigate these payments, but what we're being asked to do is make legal decisions, and I think the only place legal decisions can be made with any certainty is in the court, and so that really puts us in the position of trying to determine what a court might say if this thing goes to court. And I don't -- I quite frankly don't think we're qualified to do that, but -- so I would -- would vote against the motion, not because I don't think that the petitioner doesn't have some good points, but because those points would have to be made in a court of law, and probably will no matter what we say here. So I'm going to vote against the motion. Page 199 November 5, 2002 CHAIRMAN COLETTA: That's fine, Commissioner. Commissioner Henning. COMMISSIONER HENNING: And I too. I think that it -- if we're going to do any of this, they -- they need to be tested by somebody who can make that judgment, but I guess before we continue, I would like to hear from the School Board's attorney, and his opinion or the willingness of the School Board to use school impact fees to make any test in the courts. CHAIRMAN COLETTA: That's fine. While he's coming up, I'd like to make -- interject one point that I'd like to point out. It doesn't matter if we're talking about school impact fees, ad valorem tax, impact fees or whatever, it's all taxpayer's money. My call was based upon what I heard from our county attorney as far as our ability to win this, and I wasn't going to subject the taxpayers of this county to any additional expense. Sir, would you go ahead and whatever comments you'd like to make would be very much appreciated. MR. MOORE: Thank you, Mr. Chairman, Commissioners. Commissioner Henning -- Mick Moore, for the record. My response to you is that I don't have any clear direction from the School Board on the issue of where money would come from to fund any of these actions. It was only for the first time tonight when the issue was raised by this Board that I had any discussion with the county about this, and was pointed to a provision in the ordinance, which they have asserted would provide for payments from any educational impact fees that were actually collected in any litigation. Now, I haven't had time to look at that and see if I agree with that interpretation, and it would be premature and inappropriate for me to comment on that without having some direction from my Board. Let me just say that it is the position of the School Board, and I Page 200 November 5, 2002 think the county would agree and the county attorney would agree, that the ordinance very clearly provides that the county is the entity that needs to undertake collection of these fees, and that the School Board -- there's no provision in that ordinance requiring the School Board to collect the fees or to participate in the collection. So I just wanted to make that issue clear for the record. COMMISSIONER HENNING: And you're going to seek out from the School Board whether they're going to participate financially and legally in this pursuit to collect the school impact fees? MR. MOORE: I will certainly raise the issues that have been addressed and presented to the public tonight by this Board by including the issue you've raised about participation. Again, the county attorney has given me tonight their analysis of a particular provision which they contend provides for the payment of expenses to collect these from any fees actually collected, but again, it is the position of the School Board and our office, as of right now, that -- and I don't think the county attorney disagrees with us, that the ordinance which was passed by this Board, not you -- this current Board, but a former Board, provides for collection by the county and does not require the School Board to participate in that collection. Although, as I stated at the beginning of this meeting, we do support the collection of any educational impact fees that have been determined to be due and owing. But with that, I will go back to the Board and if they provide me further direction to communicate, or if a member of that Board wishes to come and communicate with you further on this issue, I'm sure they'll either do that or provide me direction to do so. COMMISSIONER HENNING: And that would be at the next meeting of the School Board? MR. MOORE: I'm not sure, Commissioner Henning, whether this could be raised at the meeting that's been scheduled for Page 201 November 5, 2002 Thursday. It depends on whether it could be put on as an agenda item or whether it would properly need to be noticed for a different meeting, but I will address it with school staff immediately, and take steps as they see fit to advise the Board of this Board's position. COMMISSIONER HENNING: Thank you. MR. MOORE: Thank you. CHAIRMAN COLETTA: Is there any other questions? Hearing none, I'll call the question. All those in favor, indicate by saying aye. Opposed? COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And Commissioner Coyle and Commissioner Henning were the dissenting votes. Moving on to -- before we go on to H, let's take a short break. (A recess was taken.) CHAIRMAN COLETTA: Kindly take your seats and we'll proceed. Item #1 OH CLAIM OF LIEN FOR THE CARLISLE FOR UNPAID IMPACT FEES-APPROVED We're at item H. MS FILSON: We have one speaker for item 10H, Mr. Chairman, Matthew Grabinski. CHAIRMAN COLETTA: Mr. Grabinski, you're on. MR. GRABINSKI: Good evening, Commissioners. My name is Matthew Grabinski, for the record, with the law firm of Garlick, Stetler and Peeples, here today representing the Carlisle. To follow up on where we left off, the date from which the four- Page 202 November 5, 2002 year period of time to file suits ought to be considered to begin is the date upon which the obligation to pay such impact fee first arose. Such date should be determined under the applicable provisions of the then effective ordinance. That is not my opinion, that is the opinion of your attorneys. In a memo by Patrick White, assistant county attorney, dated September 17th, 2001, opining, one, that the statute of limitations was four years, and two, you measure when the obligation arises. Under the Florida statutes, 95.031, the time within which an action shall be begun under any statute of limitations runs from the time the cause of action accrues. Collier County has always taken the position that impact fees are due, your cause of action arises when the building permit is issued. The permit for the Carlisle was issued on July 7th, 1997, almost five and a half years ago. Since the Carlisle began its operations, the youngest person to ever reside there was 58, and the average age of their residents is 84. We have never had an impact, and never will. we did not have deed restrictions in place when the permit was pulled, however, we were zoned specifically as a conditional use to operate our facility. Our zoning would preclude single family or multi-family. Last spring, when the county requested everyone to record deed restrictions, we did. Therefore, we never have had an impact, and now we can state that we never will, and that's -- that cannot be disputed by anyone. Patrick White, your attorney, his memo is supported by case law. There is one case that applies the four-year rule to the collection of impact fees, and the court in that case also started running the clock when the building permits were pulled, not when the county decided it was time to go and collect on an obligation that had previously arisen. So I would like to submit all of this to you for the record. Page 203 November 5, 2002 Attorney Weigel has indicated that it is an affirmative defense that would be raised. I am representing to you tonight, on behalf of our client, that we will raise the statute of limitations if Collier County tries to take action against us. And according to your attorneys, and Florida case law, we will win, we will prevail. CHAIRMAN COLETTA: Commissioner Henning, did you have a question to ask now or did you want to wait? COMMISSIONER HENNING: I'll wait until Matt finishes up, and then I have a question for you. CHAIRMAN COLETTA: Sorry to interrupt you. MR. GRABINSKI: The second reason why I'm asking you to direct staff to not impose a lien upon our property is that the collection of the impact fee does not satisfy the constitutional test specifically enunciated by the Florida Supreme Court in the Aberdeen case. There are two hurdles that Collier County needs to get over, and so far, Collier County has been focussing on the first one, proving an impact. We can prove through affidavits and occupancy records that we have never had an actual impact. I think all of the assisted living facilities and adult care facilities can prove that. The best argument your attorneys have made is that if we get in a time machine and go back in time, Collier County can argue that we may have had a potential for an impact. That's the best they can do, but today, now that Collier County is trying to collect the fee, there has never been an impact, and because we have deed restrictions in place, there never will be one, which brings us to the second prong of the constitutional test. If you do not satisfy this prong, the impact fee collection and expenditure is unconstitutional. The Aberdeen court clearly states in opinions that I've provided copies -- I provided a copy of the opinions to all of you. The fee that you collect from my client must be spent on school facilities to benefit students generated at the Page 204 November 5, 2002 Carlisle. The Carlisle has never generated students, and never will. It is impossible for Collier County to satisfy the second prong of the constitutional test. Can I have a minute to wrap up, please? CHAIRMAN COLETTA: As short as possible, please. MR. GRABINSKI: Several of you individually have assured me that you would look to your staff for answers on two basic issues, either of which is dispositive of this. We don't need to go into court. We want to stay out of court. One is the statute of limitations. Your county attorneys have already opined that it's four years. If you file a claim of lien and drag us into court, you either have to go against the direction and advice of your county attorneys, or your county attorneys would have to recant their opinion and admit they were wrong. If they admit they were wrong, how certain of you and how much can you depend upon any opinion that the collection of these fees would pass this constitutional test, a test that they seemingly time and time again forget to bring up and address. I implore you to ask them now. They have had a year to think about it. How can you satisfy the second prong of the test? The Aberdeen court specifically stated, Volusia County is unable to satisfy the benefits prong of the dual rational nexus test. Because no children can live at Aberdeen, impact fees collected at Aberdeen will not be spent for Aberdeen's benefit, but for the benefit of children living in other developments. Impact fees collected from the Carlisle, if collected, will not be spent for the benefit of children living at the Carlisle. CHAIRMAN COLETTA: Okay, Matt. We thank you very much. Stay there for just a second. Commissioner Henning. COMMISSIONER HENNING: First of all, what I heard from Page 205 November 5, 2002 the county attorney is three things on the statute of limitation; three years -- or five -- four years, five years, and the impact fee ordinance, which is saying that it does not have a statute of limitation. MR. WEIGEL: It's essentially date of discovery. COMMISSIONER HENNING: Correct. So that is what I heard from the county attorney, so that's what I'm basing my decisions on. The second thing is the conditional use of the Carlisle was that it -- for assisted living facility. MR. GRABINSKI: It was for a group care facility, and within that definition, there is room for an ALF. We were licensed when we opened .our doors for business as an ALF, and I have previously provided a copy of that license. COMMISSIONER HENNING: An ALF is -- MR. GRABINSKI: Assisted living facility. COMMISSIONER HENNING: Correct, okay. So that could be a child-assisted living facility. MR. GRABINSKI: No. As it has previously been explained, under Florida law, you cannot have children within an assisted living facility, but zoning aside, you have a four-year statute of limitations. You've already voted once to not lien a property, a permit for which was pulled more than four years ago. In this case, the permit was pulled more than five years ago. In addition, why lien a property if you cannot enforce that lien. You cannot enforce that lien if you cannot satisfy both prongs of the constitutional test. COMMISSIONER HENNING: I'm basing my decisions on the input of our staff and county attorneys. An adult living facility, can a child reside? MS. ROBINSON: The zoning category that he has referred to is for group care facility, and that group care facility allows ALFs. It also allows other group care facilities. Specifically, it allows foster Page 206 November 5, 2002 homes, foster care facilities, which generally do house children. It's not -- they do not have a zoning category that restricts the use solely to an ALF. COMMISSIONER HENNING: Okay. MR. GRABINSKI: place. MS. ROBINSON: MR. GRABINSKI: But we do have private deed restrictions in They do now, yes. And if you collect an impact fee from us, how will you satisfy the second prong of the constitutional test? CHAIRMAN COLETTA: I'm going to limit this debate to that one question. MR. WEIGEL: And I'll respond. Because the facilities would be built, and that's really what's required, that the money be expended for the purposes that it was collected, and if it's school impact fees, then the schools will be built for the impact or potential impact that was there during the gap in time before deed restrictions were filed. COMMISSIONER HENNING: I make a motion that we accept staffs recommendation on this item. CHAIRMAN COLETTA: Okay. I'll second your motion and allow for some discussion at this point. I have two commissioners missing. Mr. Mudd, would you ask our commissioners to join us? I know they're listening in there with the volume turned up. They're probably calling home to tell their wives they're going to be home in a few minutes and they'll start dinner when they get there. COMMISSIONER CARTER: One is on the phone and one's on the potty. CHAIRMAN COLETTA: Nothing like being brief and to the point. You're going to be missed. COMMISSIONER CARTER: Good. Put a glutton in there, Page 207 November 5, 2002 like the coat room in Congress. CHAIRMAN COLETTA: It's been an interesting day, hasn't it? COMMISSIONER CARTER: It was more fun than a guy should have. COMMISSIONER HENNING: How many more items do we got? CHAIRMAN COLETTA: quite quick. We're going to go through them MS. FILSON: Nine more items. And nine more speakers. CHAIRMAN COLETTA: We have nine more speakers on this item? Okay. We have a motion, Commissioner Coyle, and a second to accept staffs recommendations and place a lien. We're about ready to call for a vote. I wanted to get at least four commissioners here, and I guess I'll settle with that. COMMISSIONER COYLE: Okay. I'll vote twice. CHAIRMAN COLETTA: Any other discussion? All those in favor, indicate by saying aye. Opposed? COMMISSIONER CARTER: Aye. CHAIRMAN COLETTA: Okay. And the ayes have it, with a negative vote from Commissioner Carter, and Commissioner Fiala is absent. COMMISSIONER CARTER: Dissenting vote, not negative vote. CHAIRMAN COLETTA: That's correct. I stand corrected. Item # 10I CLAIM OF LIEN FOR WINDSOR COURT FOR UNPAID IMPACT FEES-STAFF RECOMMENDATION REJECTED AND CI~AIM OF IJIF, N NOT TO PlF, FIIJF, D-APPROVED Page 208 November 5, 2002 Okay. Let's see. We're at item I. MR. MUDD: I, and that's the claim on lien on Windsor Court. MS. FILSON: And you have one speaker on this issue, Mr. Chairman, Rich Yovanovich. CHAIRMAN COLETTA: Hello, Mr. Yovanovich. MR. YOVANOVICH: Commissioners, good evening, and for the record, Rich Yovanovich, representing Windsor Court. I'll be brief and I'll be to the point. We're identical to former Commissioner Volpe's situation. The only use permitted on our property under our zoning ordinance is adult congregate living facility. That is the only permitted use under the Wilderness PUD for our piece of property. To do anything else would require a rezone of the property. The word adult, does not mean children. So our zoning prohibits children from residing at the premises. Second, we have a state license for an extended congregate care facility. The extended congregate care facility statute prohibits anyone under the age of 18 from living in our facility. Our facility is equal essentially to a nursing home. What our facility is, is a bedroom for people who need extended care. There are no cooking facilities within these units. It is a bedroom. They sleep in the bedroom and they have their closet they change. They take their meals in a central dining facility. As Mr. Weigel said to you early on in his presentation, there are other methods to be exempt. One is state licensure. We meet that. A second is zoning limitations. Ordinance number 9643, which is simply a two-page ordinance tells you what is a permitted use on this piece of property. It's an adult congregate living facility. We have no other use. This is a classic case of the county attorney's office bringing forth a claim of lien that shouldn't be before you. In addition, the permit was pulled September 4th, 1996. I have Page 209 November 5, 2002 also the statute of limitations on my side. This case turns on the fact that zoning will not allow children to be there, statute licensure will not allow children to be there, and then the fallback of the statute of limitations. The county has got three strikes against it in this particular case. There is no impact. You will not meet any prong of the constitutional test in this particular case, and we request that the Board of County Commissioners do not follow the county attorney's recommendations to file a claim of lien in this case, and with that, I'd be happy to provide a copy to the clerk-- I guess the court reporter -- MR. MUDD: Just give it to me. CHAIRMAN COLETTA: Do you have some comments to make? MS. ROBINSON: Yes. I would like to respond that Ordinance 9643, which Mr. Yovanovich refers to, is an amendment to an earlier ordinance, which he does not and has not presented to the Board. The earlier ordinance has, in this parcel nine, many uses. The amendment says that an adult congregate living facility will be another -- I mean, it will be an authorized use. It doesn't say it will be the only use, and it doesn't say that the other uses are no longer applicable. It simply provides that that use may also be permitted on that piece of property. MR. YOVANOVICH: If I may, what the ordinance says, it's entitled parcel nine, and it says, the 10.6 acre -- 10.69 acre site shown as parcel nine on Exhibit B representing 4.9 percent of the gross project area is a separate entity for the land included in the club. This site is zoned by E.H. Frank, and is not included in the land lease to the project. Specific development plans for parcel nine had not yet been settled upon. It is intended that parcel nine be utilized for uses or uses which will be fully compatible. It is hereby committed that prior to development on parcel nine, detailed development shall be Page 210 November 5, 2002 submitted to the county in accord with the provisions set forth in Section 24. The detailed plans were the adult congregate living facilities. We had no uses of parcel nine until we came to the county and told you what we were going to do, and that was an adult congregate living facility. That's what was permitted by the Board, and that is what was licensed and again, we believe we are not subject to a claim of lien at this time. CHAIRMAN COLETTA: Do the Commissioners have any question of Mr. Yovanovich? COMMISSIONER CARTER Just for the record, all other impact fees have been paid on this project. MR. YOVANOVICH: Just the school impact fee issue. It has nothing to do with any of the other impact fees. MR. MUDD: Just school for $41,000. CHAIRMAN COLETTA: Okay. Mr. Yovanovich, we thank you very much. I guess my question to Mr. Weigel would be, is this one different than the other ones? Is this one here something that we could reasonably expect to prevail with? MR. WEIGEL: Well, I'm-- I've listened to Mr. Yovanovich, and I'm looking at staff right here. In regard to the Ordinance 9643, which I think purports to specifically refer to parcel nine, and parcel nine is the parcel where this development occurred, is that correct, which is limited to only an aggregate living facility? MS. ROBINSON: No, it's not. MR. WEIGEL: Parcel nine? Please get up and -- for the record, so you can respond, please. I need to know. MS. ROBINSON: That's an issue that, I guess, will have to be determined, but what the language of the ordinance says is that an Page 211 November 5, 2002 ALF will be a permitted use. It doesn't say an ALF will be the only permitted use or that it's solely for the use -- MR. WEIGEL: Well, what was the building permit for there? Was it an ALF or -- MS. ROBINSON: Well, many of these facilities have building permits for ALFs. The question is whether or not they will continue to be an ALF. And I'm not sure-- I don't have a copy of the building permit with me. Perhaps Mr. Yovanovich does. MR. WEIGEL: Well, I think part of the question is, if it's an ALF, aside from that, is there any impossibility for there to be children, school-aged children residing in the ALF. MS. ROBINSON: Well-- MR. YOVANOVICH: Can I answer that? CHAIRMAN COLETTA: Just one second, Mr. Yovanovich. We'll come back to you. Was that question directed to Mr. Yovanovich? MR. WEIGEL: It's directed to both, really. I'd like to hear the response, because I want to be able to respond to the Board as best I can. CHAIRMAN COLETTA: I appreciate that. The last one, if I remember correctly, that we didn't want to proceed with, there, I guess, were federal government, was -- designated that as an Alzheimer's facility, and if it was sold, it had to be sold as an Alzheimer's facility, which severely limited what would happen in the future. MR. WEIGEL: Now, Mr. Manalich -- or excuse me, Mr. Yovanovich, I believe, stated earlier that to have changed from an ALF would have required a zoning change, a change to the PUD ordinance. MR. YOVANOVICH: That's correct. MR. WEIGEL: And if-- MR. YOVANOVICH: And also, the license would have to be Page 212 November 5, 2002 changed to allow children to live in the facility. MR. WEIGEL: And part of the criteria that I discussed early on at the beginning of these items was the fact that if it is an -- if there is an element that required governmental approval for there to be a change in use, I think that that's a very material and important element in our consideration. So where I'm going in my thinking here is that if Ordinance 96- 43 specifically addresses parcel nine and parcel nine is the parcel where this facility was constructed and went into operation, therefore building permit and C.O. issued, and there's a licensure with the state as well as a requirement to come before the county for a change in use, this is helping me, and I look for any further information from staff to provide an opinion here. MS. ROBINSON: Unfortunately, I don't have the PUD. I do have a copy of my notes, which indicate that the PUD referred to by Mr. Yovanovich does not limit the parcel solely to an ALF. MR. WEIGEL: Okay. Well then, I'll make a statement here, and that is that the PUD, meaning ordinance 9643, that's what I need to know. The PUD, arguably, is the entire ordinance, with its amendments, but if we have a specific ordinance specifically affecting parcel nine, and that the original PUD ordinance expressly removed parcel nine from the general applications of the original PUD ordinance, then the specific would tend to control, and that would be Ordinance 96-43, which it sounds to me has a limitation to the use, and if it has a limitation to only one use, and that -- and Rich, help me here, and that limitation, by definition, precludes school- aged children from being there -- MR. YOVANOVICH: It does. It's an adult congregate living facility. MR. WEIGEL: As well as licensure with the state which prevents school-aged children from residing there. MR. YOVANOVICH: That is correct. Page 213 November $, 2002 MR. WEIGEL: Upon those affirmations of Mr. Yovanovich, I'm prepared to indicate that I think this is not a case that -- does not create a case that we would want to pursue in court. CHAIRMAN COLETTA: Then I make a motion that we reject the staff's recommendations for placing a lien. MR. WEIGEL: Okay. And I don't know, before you vote on the motion -- pardon my interjection here. CHAIRMAN COLETTA: I don't even have a second yet. MR. CARTER: I'll second that. MR. WEIGEL: The School Board attorney is here. I don't know if the clerk's office is here, but, you know, I'm having to kind of work alone here at this point. CHAIRMAN COLETTA: I understand, and we're listening, and I appreciate your honesty on this and the feedback back and forth. So'we've got a motion at this point in time for rejection of staffs recommendations by myself, and we have a second by Commissioner Carter. Did the school attorney feel a need to comment on this? I don't -- I really don't care to have him come up and just repeat what he already said. Okay, fine. With that, we've got two people that want to speak, and I didn't catch the order, but we'll go with Henning first, and then Coyle. COMMISSIONER HENNING: Mr. Weigel, it almost seems like we're backing off of collecting these fees, and your statements -- I mean, it's concerning that it could be applicable to the other previous ones that we already made a decision on, and that concerns me. MR. WEIGEL: As well it should, but I don't think it's a valid concern because, for instance, Mr. Yovanovich previously, as he appeared with Aston Gardens, we had a situation where it was that Page 214 November 5, 2002 gap in time that I keep showing you here, and I don't -- I see just factual distinctions here, and ordinance distinctions here as an example, that don't pertain to those other ones that we reviewed upon. I'd like to think, and I would reaffirm that I believe that the standard that I'm attempting to apply is the same standard that I mentioned as I discussed it generally before we got into these, but we're learning some facts to some degree at the presentation today, which I~d be remiss not to revise my opinion to you, quite frankly. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: I have somewhat the same question. Do all the other adult or assisted living facilities have state certification or licensing, and if they do, how are -- is that one different from this one? MR. WEIGEL: Well, the licensing alone certainly wouldn't give me the reason to make the opinion. That alone will not give me the opinion to tell you that I think that it doesn't pass muster, but what I'm learning here is where we've got a couple of criteria in place, and there's no gap in time and there's been licensure in place since the initiation of the utilization of the facilities, it helps, but licensure alone is not the cutting edge criteria in here. CHAIRMAN COLETTA: I would just like to make a comment that I appreciate the fact, Mr. Weigel, that you re-evaluate these situations as more facts come forward. I commend the Board for asking the hard questions that bring out the facts that we're looking for to be able to make a final decision. Any other comments before I call the question? Hearing none, all those in favor, indicate by saying aye. Okay. 5-0. Thank you. Item # 10J Page 215 November 5, 2002 CLAIM OF LIEN FOR TERRACINA GRAND FOR UNPAID IMPACT FEES-APPROVED Next one is J. MR. MUDD: 10J is the filing of claim of lien for Terracina Grand, and from what I understand earlier, that the lawsuit has started on this particular case. CHAIRMAN COLETTA: I don't want to discuss it in that case. I make a motion that we go forward with the lien. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion by myself, Commissioner Coletta, and the second by Commissioner Fiala. Any discussion? All those in favor, indicate by saying aye. Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it 5-0. Item #1 OK CLAIM OF LIEN FOR SUMMER HOUSE ASSISTED LIVING, 1NC.; FOR 1 INPAID IMPACT FEES-APPROVED MR. MUDD: The next one is 1 OK, and that's recording a claim of lien on Summer House Assisted Living, Inc. MS. FILSON: And Mr. Chairman, we have one speaker on this, Mr. James Siesky. CHAIRMAN COLETTA: Yes, sir. MR. SIESKY: Good evening, Commissioners. Jim Siesky, representing Summer House. The case is obviously pretty similar to the others, but we have a Page 216 November 5, 2002 twist. In my case, my client hasn't paid any impact fees, zero, and the reason is that they didn't build this facility, they were a purchaser of the facility in 1998. The facility was permitted in 1995. The permits were -- the impact fees were paid at that time. So, of course, we have the same arguments regarding statute of limitations that some of the other people have made. Specifically, I endorse the arguments that were made by Commissioner Volpe. But this case is different. It's like when you buy your own home and you find three or four years later that there's an easement right in the middle of it. That's what we're finding out with these letters that we've received. We bought it in 1998. At the time that we bought it, my client bought it, they wrote to the county and said, what's owed, what are the taxes that are due, what are the water bills that are due, what are the utilities, the sewer and waste pick up collection fees. We got two estoppel letters back. Neither one of them indicated any impact fees were due. Obviously, we considered none to be due, and we went ahead and purchased it. Had we known that there were $100,000 of impact fees due, the purchase price would have been negotiated significantly differently. So. our situation is different in that regard. I've written to Ms. Robinson and told her about our statute of limitations argument. I've also told her about the argument that your lien will be ineffective, and I cited her the authority for that is Florida Statute 675, I think it's .01, which basically says if you're a subsequent purchaser for value without notice, a bona fide purchaser, that the subsequent lien cannot attach to your property. That's our situation. We are a subsequent purchaser, bona fide purchaser without any notice of the prior impact fee charges that were due, and therefore, this lien should not attach to the property, should not attach to our Page 217 November 5, 2002 property. If you want to make a claim that these fees are due, you should go to the prior owner. However, I think you're stymied there with the statute of limitations. CHAIRMAN COLETTA: I got a question on that, if I may. If you have a permitted use out there, they pay an impact fee for something, a new permitted use goes in there that's more intense, would they pay a higher impact fee? MS. ROBINSON: They should. They should. CHAIRMAN COLETTA: Yeah. So in this case here, it's really not a valid argument that, you know, the impact fees, if we were neglect (sic) in collecting them, it doesn't mean that they're not owed. MS. ROBINSON: Right. Plus they run with the land under our ordinance. CHAIRMAN COLETTA: And the statute that the gentleman just cited, is that in any way an impediment as far as us carrying this forward? MS. ROBINSON: Well, that's an interesting legal argument that he made. This issue has been researched, and we have concluded that the statute that he refers to does not apply to ordinances. It applies to instruments. MR. SIESKY: If I could ask the Commission, what should this buyer have done to determine that there were impact fees due in 1998? What should he have done? CHAIRMAN COLETTA: My suggestion to you-- I know I shouldn't be making suggestions, I'm not an attorney, although I think the court system, if we do find, and it goes through it, and you have to settle with the county, might be your avenue with the previous buyer, but you better talk to whoever on that. You know, we have responsibilities in this world, but we can't be every place at every time. The amount stays with the building. If it hasn't been paid, then the new person coming in. The same if it's a Page 218 November 5, 2002 lien on the property. I don't know if that's a correct analogy or not, but if you've got a lien on the property, doesn't it stay with the property if another person buys the property? MS. ROBINSON: If there's a lien, which is the reason that we're coming before you today to record, a claim of lien. CHAIRMAN COLETTA: Okay. MS. ROBINSON: Once the lien is in place, the whole world has notice of it. CHAIRMAN COLETTA: Commissioner Carter. COMMISSIONER CARTER: But this ordinance of which we are basing our case, if I'm understanding it, was not in existence. MS. ROBINSON: No, that particular provision was in the old ordinance and is in the new ordinance. It's unchanged. COMMISSIONER CARTER: Second question, bigger question. What is the responsibility of government if you send somebody an estoppel letter, you tell them, they don't owe any more, they've done their duty, I'm a businessman, I bought a business, I'm a good citizen, I pay my ad valorem taxes, and four years later, you come back and you say, you know what, we're screw-ups, and you owe us money. You know, as a private citizen, I've got to tell you, this is government at its worst. MR. SIESKY: Imagine your own home. You bought it, six years later, the property appraiser says, I made a mistake when I evaluated the fair market value of your property, you really owe $10,000 more. That's exactly the situation. CHAIRMAN COLETTA: The only thing that would be worse than that is not to make an effort to collect the past due monies. MS. ROBINSON: That's what our ordinance requires us to do. MR. WEIGEL: correct? MR. SIESKY: MR. WEIGEL: I'll make my comment. That was 1995, Jim; is Yes. You know, we have inherited some issues over Page 219 November 5, 2002 time. No question. We're trying to work through these issues. Ultimately, our ordinance will be on review in the court, particularly the statute that Mr. Siesky mentions, indicating that liens are lost .for -- to bona fide without notice subsequent purchasers, and that will be tested. We don't know if it will prevail. We just don't know, and quite frankly, with the difficulties of all of these potential cases, the question is do we have what would appear to be a facially viable case to make and I think I've, you know, responded to you with candor where I believe that our chances or not so good, but in this particular case, it may lend itself to rather quick resolution if the court determines that the lien, in fact, could not even be applied. But on behalf of government, we also to have bring the arguments that may assist us to the court, and we talk about estoppel. That's been raised a few times, and I know the Commissioners and the public hear that in regard to land use matters. Well, these aren't land use cases. These are -- it does re -- it does involve the use of land, but we're not deciding the use of land here, and when we -- there are two concepts, at least, in the courts concerning estoppel; mistake of law and mistake of fact. Now, part of the argument to be made on this is if it was a mistake in fact, possibly shame on us, the county government. If it was a mistake in law, in application, then there is case law that indicates that we are not estopped, that is, we are not preventing -- prevented from attempting to rectify an injustice or an incorrect action that occurred based on mistake of law, and these concepts are going to be probably discussed in many of these cases as they go forward, but from that standpoint, we have an argument to be made, and that's why it's not as simple to say, oops, the statute says bona fide subsequent purchaser without notice, ipso facto, nothing applies. It's not.quite that easy. CHAIRMAN COLETTA: Based upon that, I would make a -- Page 220 November 5, 2002 I'd like to make a motion that we proceed with the lien on this particular matter. COMMISSIONER COYLE: I'll second. CHAIRMAN COLETTA: I have a motion from myself, Commissioner Coletta, and second from Commissioner Henning. Any discussion? All those favor, indicate by saying aye. COMMISSIONER CARTER: I would like to find out what is at the end of this tunnel. COMMISSIONER COYLE: It's definitely not daylight. CHAIRMAN COLETTA: Five out of-- 5-0. Item # 1 ON CLAIM OF LIEN FOR MERRILL GARDENS FOR UNPAID IMPACT FEF, S-APPROVF, D Move on. N, last one. Okay. MR. MUDD: And that is a claim of lien for Merrill Gardens. MS. FILSON: John Inglis. MR. INGLIS: And Mr. Chairman, we have one speaker, Mr. My name is John Inglis, 101 East Kennedy Boulevard, Tampa, Florida. I represent the property owner, Health Care REIT, Incorporated, a Delaware corporation. They lease the property to the Merrill Gardens facility. I believe my explanation of the facts of this matter will lead the Board to understand that the staffs recommendation to file a lien is not appropriate, and as we've seen so far, the facts of each one of these cases are -- vary widely. In this particular case, there actually was a deed of restriction that was recorded on July 2nd, 1997, declaration of restriction of Southwest Professional Health Park. I have provided a copy of this Page 221 November 5, 2002 to the county. On July 15th, after the recording of this restriction, the building permit for this ALF facility was pulled and the impact fees were paid. The certificate of occupancy was subsequently issued on December 16th of 1998. The facility has been licensed through the State of Florida, Chapter 400, only as an assisted living facility since the inception, and I have copies of the licenses that have been in effect all along. Now, what the recorded restriction says is that the uses of this property are limited to the permitted uses under the PUD ordinance. There was a specific ordinance passed by the County Commission in 1996, Ordinance 9681, which was the ordinance for the Southwest Professional Health Park, a planned unit development. This ordinance specifically says that all the uses in this professional health park would be medically related uses. The property is in close proximity to the North Collier County Hospital, and it specifically references that these are uses that will be in support of the hospital. on this particular parcel, there is a list of 20 permitted uses. In other words, you can only build in one of these categories, and the categories are, for example, assisted living facilities, homes for the aged, Hospices, independent living, nursing homes, on and on and on. Now, what county staff, I think, will tell you, is that they have picked up on this phrase, independent living, and said, well, gee, we see that, and that means you probably could have an apartment complex in here that would have children, or have some other type of multi-family use or other residential development that would have children. I submit to the Board that in the context, and this is the order in which they're listed, assisted living facilities, homes for the aged, Hospices, independent living, nursing homes, independent living Page 222 November 5, 2002 means only an elderly care facility where the level of care that would be provided would not be as intense as a nursing home or other elder care facility. So what we have here is we have a recorded declaration of restrictions in place prior to the issuance of the building permit. We have land use zoning which limits the use of the property only to all adult type uses or other non-residential uses. We have continuous state licensure since the inception of this project under Chapter 400 of the Florida statutes, which only allows adult occupancy. You've heard the statute of limitations argument. The statute of limitations clearly started when the debt was allegedly due. It's due at the time that you pay -- you pull your building permit and you should be paying your impact fees. It totally undercuts and emasculates the whole concept of the statute of limitations if you can say, well, see, we'll just move the starting date to some date in the future. You can't do business that way. You can't do that kind of business in private business, and I don't think that you can do it in government business either. The final element here would be the constitutionality questions, whether there is a rational nexus. In conclusion, I think we've basically got five strikes against the county here; recorded declaration of restrictions, limitation of use under the zoning PUD, continuous state licensure, statute of limitations, and the constitutional arguments, and I think in that context~ I think this case falls in the same situation as many of the others here have tonight, where the staff has, unfortunately, not perhaps appreciated the significance of the elements and the factual elements in making their recommendation. CHAIRMAN COLETTA: Thank you, sir. Please. MS. ROBINSON: I would like to make a brief comment, ifI may, and I have discussed this with counsel for Merrill Gardens, Page 223 November 5, 2002 either in writing or verbally. The problem with Merrill Gardens is that the restricted covenant that was earlier recorded is, as he said it was, it refers back to the PUD, and if you read the PUD, it says that the -- one of the enumerated uses on the parcel we are talking about is for independent living housing. So if we have no -- independent living is not a facility that's an ALF. It is an independent living facility. It's a house, it's a condominium. It's anything that a person can independently live in. I understand what he is saying his client wanted to do. His client, however, did not adequately draft the PUD to the extent that it excluded that use, and I think that under that use, independent housing, it could be anything. It could certainly be a normal residential facility, and therefore, it owed the impact fee. MR. INGLIS: May I reply? CHAIRMAN COLETTA: Go ahead, sir. Wrap it up, though. MR. INGLIS: With all due respect, this was a PUD that was enacted for the Southwest Professional Health Park. It's replete in here with references that these will be health-related, service provided uses in this PUD. This was not meant to be in any way multi-family. If multi- family was permitted, it would say multi-family. If apartments were permitted, it would say apartments. Overlaying all these views is the context that this be a part of a professional health park where care would be provided for the uses that were allowed in the park. CHAIRMAN COLETTA: Thank you. Commissioner Henning. COMMISSIONER HENNING: I make a motion that we approve staff's recommendations. COMMISSIONER FIALA: Second that. CHAIRMAN COLETTA: We have a motion from Commissioner Henning, and a second from Commissioner Fiala to approve staff's recommendations. Page 224 November 5, 2002 Discussion? Hearing none, all in favor, indicate by saying aye. Opposed? COMMISSIONER CARTER: Aye. CHAIRMAN COLETTA: And the dissenting vote is -- negative vote is Commissioner Carter. Commissioner Coyle is absent at the moment. Whatever it's going to take to make you happy, Commissioner Carter. COMMISSIONER CARTER: It's getting late, huh? CHAIRMAN COLETTA: No, it's not. It's still early. We started at nine o'clock. It's six o'clock. We only put in like about eight hours, because we took an hour and a half lunch. COMMISSIONER CARTER: And you don't have any other place to go? Item # 10L-Deleted CLAIM OF LIEN FOR GREENFIELD COMMONS FOR UNPAID IMPACT FEES-S150 PENAI,TY WAIVED MS. ROBINSON: Number L, which was Greenfield Commons, I know was not officially pulled from the agenda, and since it was not, I have a small request. MR. MUDD: Jackie, it was deleted. MS. ROBINSON: It was deleted? MR. MUDD: Yes, it was. This morning, in the change order, 10L, 10M and 100. MS ROBINSON: Okay. MR. MUDD: And I mentioned that 10L was paid under protest. MS. ROBINSON: It was paid. The only thing we are asking for is if the Board would consider waiving the penalties of $150, so Page 225 November 5, 2002 we could accept the check from them and declare the slate clean. COMMISSIONER COLETTA: So moved. COMMISSIONER FIALA: Second. MS. ROBINSON: Thank you. CHAIRMAN COLETTA: Motion by myself, Commissioner Coletta, second by Commissioner Fiala. Any discussion? All those in favor, indicate by saying aye. The ayes have it 5-0. Item # 10P BUDGET AMENDMENT AND DREDGING CONTRACT FOR WIGGINS PASS EMERGENCY MAINTENANCE DREDGING, NOT TO EXCEED $100;000-APPROVED Okay. P, which was added. MR. MUDD: Which is emergency dredging of Wiggins Pass. COMMISSIONER HENNING: What's the number on that? MR. MUDD: That was an add. It's 10P. COMMISSIONER HENNING: 16 what? MR. MUDD: No, let me state it again. This was an add that was added to your binder on Friday. It's Item 1 OP. It's under 10, and it's the last time. CHAIRMAN COLETTA: It's the last item before the ones that we pulled. MR. MUDD: We moved forward, yes, sir. CHAIRMAN COLETTA: Please proceed. MR. DELONY: This is a -- for the record, Jim DeLony, public utilities administrator. This is-- THE COURT REPORTER: Could you repeat your name, Page 226 November 5, 2002 please? MR. DELONY: Yes, Jim DeLony, public utilities administrator. Sorry, ma'am. This is a continuance in our efforts to expedite the reopening of Wiggins Pass. I was here at the last Board meeting and requested we get approval of engineering services, which were approved. This is subsequent to that. We're at -- we're now moving forward to do the construction that will give us this emergency dredging to go ahead and reopen the pass, and this is the next action within that. We just as of today got some information from our consultant. We'll be processing and looking for three bids, but we are asking you to allow us to do emergency procurement of this, expedited procurement of this so we can move on and hopefully get some good prices, and we'll be able to -- COMMISSIONER CARTER: Move for approval. COMMISSIONER HENNING: Second it. MR. DELONY: -- just the necessary work we need to do. Just the necessary work. CHAIRMAN COLETTA: We have a motion from Commissioner Carter, a second from Commissioner Henning. Commissioner Fiala. COMMISSIONER FIALA: A fast one, and that was, you said you were hoping to get some good prices, but don't you already -- you're planning on having some equipment there, and this would save us a lot of money so you don't have to mobilize that equipment? MR. DELONY: Not for this emergency work, ma'am. Later on, after winter -- after Christmas, we hopefully get a hydraulic dredge in here. The Corps is going to have one down, coming down this way to do some work, but this -- I don't believe we can wait till then. Now, if we can't get the prices right, and there's some problems, Page 227 November 5, 2002 because this time of year is difficult, because it's very unpredictable with regard to seas, and so it's very, you know, problematic as to what the prices are. We may have to wait, and that's -- but again, we want to see if we can get it, and get it at a reasonable price, do that dredging for the navigation as well as the beaches, and then move on. CHAIRMAN COLETTA: Thank you. Any other questions or comments? All those in favor, indicate by saying aye. The ayes have it 5-0. Item #10Q FUNDING AND EXECUTION OF THE APPROPRIATE CONTRACTS FOR PROCESS AND CAPACITY IMPROVEMENTS AT THE NORTH COUNTY WATER RECLAMATION FACILITY IN THE ESTIMATED AMOUNT OF $529:1 00-APPROVF. D The next one is Q, which is formerly 16C2. MR. MUDD: And that has to do with the north sewer plant aeration. CHAIRMAN COLETTA: Okay. MR. DELONY: Commissioners, I have before you some work which is a part of-- again, Jim DeLony, public utilities administrator for the record. This work is part of our ongoing program which will increase the reliability and the capability of the north wastewater treatment plant for season 2003. It also will allow us to comply with the consent order. I have members of staff here with me to present to you this project beyond what's in the scope of the executive summary. I can do that, or I can respond to your questions, whatever -- Page 228 November 5, 2002 CHAIRMAN COLETTA: Why don't we go with the questions that the commissioners may have. Commissioner Henning. COMMISSIONER HENNING: The question is one of several. Is this on the old section of the -- this is on the old section of it? MR. DELONY: Yes, sir, it is. COMMISSIONER HENNING: And there's nothing in here pertaining to the new section? MR. DELONY: No, sir, it's not. COMMISSIONER HENNING: Okay. And in here, it has a contingency of $133,000 on a project that is estimated at $335,000. MR. DELONY: Yes, sir. COMMISSIONER HENNING: Is this what you're showing on us, is the contingencies for-- that's part of the 133,0007 MR. DELONY: Yes, sir. Where we are with regard to the scoping and specifics on this project with regard to the actual procurement, this is appropriate, or this is a typical contingency we'd have at this stage of the game, and with regard to laying the money out and moving forward with it, and that's the reasons you have the contingencies you have on the contract. COMMISSIONER HENNING: Are we going -- are you going to come back to us with some more details on this? MR. DELONY: I can, sir. It was my intent to get Board approval to use their annual fixed term contracts and expedite this process. I can come back to you at the conclusion of the negotiations and lay those out for you, but I want to proceed as quickly as possible so I can meet season requirements in February. COMMISSIONER HENNING: And I don't want to delay it, Mr. DeLony. I just -- it seems like it's in an area where I don't feel comfortable with, with the executive summary and how it was written, and not having a lot of detail. So I don't want to slow it down if we're in between weeks, if we Page 229 November 5, 2002 can just get together, show the numbers or present to the full Board, if it does fit. MR. DELONY: Okay, sir. I understand your intent. Let me just look over my shoulder here. There's not going to be a problem with that, sir. We will stay in stride with regard to this. We will keep the pace to get this in line prior to season, and I will inform the Board every step of the way before we make any decisions that would be binding, if that's appropriate, but I got your intent that you do not want to hold this up, but to proceed. COMMISSIONER HENNING: Correct. MR. DELONY: Yes, sir, I understand. COMMISSIONER HENNING: So I'm going to make a motion to approve to feed the bugs by providing the air to them with this item. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Henning, a second by Commissioner Fiala. Any discussion? All those in favor, indicate by saying aye. (Unanimous vote of ayes.) Item # 1 OR RESOLUTION 2002-464 AUTHORIZING THE PUBLIC UTILITIES ADMINISTRATOR AND THE PUBLIC UTILITIES ENGINEERING DIRECTOR TO EXECUTE GRANT APPLICATIONS, PERMIT APPLICATIONS, REPORTS AND OTHER DOCUMENTS THAT PERTA1N TO THE CONSTRUCTION OF PUBLIC UTILITY IMPROVEMENT PROJECTS 1N COIJJIER COIINTY-ADOPTED WITH CHANGES CHAIRMAN COLETTA: On to R, which is formerly 16C5. Page 230 November 5, 2002 MR. MUDD: Commissioner, let me take this one and try to make this one go a little bit quicker. This item, just so you know that we were doing due diligence, there was a resolution that was passed, it's Resolution Number 2000- 197, that was done on 27 June 2000, that's basically a verbatim of this item, and the only thing that was really added, and I've provided the Board members a copy of this earlier, the only thing that was added here was the fact that public utilities has an engineer director, and that part was added to this 2000 resolution type issue. The clerk has some -- some reservations, and I would submit that the clerk is dead on right now, and I think we need to add this verbiage to the resolution that says, this resolution is hereby not intended to confer discretionary authority on anyone other than the Board of County Commissioners, and staff has no problem with adding that verbiage to this resolution in order to make sure that that discretion doesn't get delegated. COMMISSIONER HENNING: So move to approve. COMMISSIONER CARTER: Second. MS. FILSON: I have a speaker on this. CHAIRMAN COLETTA: Okay. First, I want to announce the motion for approval from Commissioner Henning, and the second from Fiala, or was it Carter? COMMISSIONER FIALA: It was Carter. CHAIRMAN COLETTA: From Commissioner Carter. Speaker? MS. FILSON: I'm sorry, Bob Krasowski. MR. KRASOWSKI: Good evening, Commissioners. good evening, staff. I rise to -- my name is Bob Krasowski, citizen, Collier County. I rise to speak to this issue because I'm concerned that if you go ahead with this resolution, that we might be removing a level of transparency that is great -- considered by me to be of great value. Page 231 November 5, 2002 I just want to be sure that the various public utilities directors, engineers or whomever are required to bring to the agenda here, and in front of the County Commission, any -- any grant applications or permit applications. Certainly, any citizen that has an interest in the goings on in the county benefit greatly when these permit applications are part of the regular agenda and are brought forward so that we're aware of them by looking in the paper or checking the web to see what issues are coming forward. I wouldn't want to encumber the effort of any of these fine people here to do their job, but as a citizen, I benefit greatly from these things having to come in front of you, and then they get explained that way and we can learn what's going on in the county as a result of this. I'd hate to see any efficiency be had at the expense of an open process. So to the extent that that's relevant to this, I don't know, maybe -- you know, that's just my question, is -- MR. MUDD: Let me embellish just a little bit, I think, make sure that we're communicating. For instance, permits, if I have a water plant or a sewer plant, it has a permit process that goes on, and that permit sunsets and a new one must be given. When that happens, it's noticed based on the Florida Department of Environmental Protection regulations, and that's something that comes across and that's routine business. If we have a well, a water well, they have the same kind of sun- setting provisions. After a ten-year period of time, the well sunsets on that permit, and you have to go out and get another permit from the Florida Department of Environmental Protection for that particular permit and have to abide by those requirements. Those are things that you've already approved because you told us to go out and get that well and we've gone through the construction process, design process, the selection of contractors, and it goes on for a long side -- so what we're basically saying in this Page 232 November 5, 2002 particular case, so we don't take away your discretionary, we're not doing something that's outside of your master plan. We're not doing anything outside of the contracts that we come forward with the Board. We're basically talking about routine items. If you've approved the construction of a particular item and we can go out and get a grant with no strings attached and no cost share on the county's part, that director and that administrator will go out there and try to get that free money, and if there's any strings attached as far as the county is concerned, they will come back and ask the Board for permission in order to finalize that particular agreement for that grant or whatever, and that's what we're -- that's where Dwight was coming from to make sure that we don't take away from the discretion of the Board of County Commissioners, and that's why we added that verbiage. CHAIRMAN COLETTA: Commissioner Coyle, do you have a question? COMMISSIONER COYLE: Only to assure that the modifications as suggested by the County Manager are included in the motion and the second. CHAIRMAN COLETTA: Is that agreeable? COMMISSIONER CARTER: Yes. MR. KRASOWSKI: Mr. Chairman, if I may briefly. Thank you, Mr. Mudd, for that clarification. I guess my concern lies with new projects and the -- MR. MUDD: We come back to the Board for that. MR. KRASOWSKI: Any new project would require initial -- MR. MUDD: Yes. MR. KRASOWSKI: Okay. Well, thanks. CHAIRMAN COLETTA: Thank you. Appreciate it, Bob. Any other discussion on that? All those in favor, indicate by saying aye. (Unanimous vote of ayes.) Page 233 November 5, 2002 CHAIRMAN COLETTA: Okay. Great. Item #1 OS INTERLOCAL AGREEMENT FOR ADVANCED LIFE SUPPORT TRAIN1NG BETWEEN COLLIER COUNTY AND THE NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT- APPROVF~D The next one is S, which was formerly 16D4. MR. MUDD: And that's the North Naples EMS agreement with the North Naples Fire Department. MR. PAGE: Commissioners, for the record, Jeff Page, your EMS director. In 1993, the state had passed legislation which requested that all non-licensed first responder agencies enter into some type of formal agreement with a licensed EMS provider to better coordinate the emergency care received on an emergency scene. If you will remember, last year was the first time that we were able to get all nine of the different fire districts on board for that type of training. What's unique about this particular agreement is that we're asking the Board to approve advanced life support training for the fire districts, in this case, North Naples. The goal is, is to better utilize all the checkers, if you will, out there. The last count, I think, I have about 68 firefighters that are paramedics in the county, and the goal is to utilize those and provide that training. CHAIRMAN COLETTA: Is there any questions by the Commissioners? MS. FILSON: Mr. Chairman, I have one speaker. CHAIRMAN COLETTA: Okay. Call it. Page 234 November 5, 2002 MS. FILSON: Jim Kramer. MR. KRAMER: Jim Kramer, for the record. I could not tell from the agenda item or the executive summary who was the non-licensed provider and who was the licensed provider, and basically, that's why I asked for this, so that I could understand which way it went, and given the, you know, problems with the North Naples Fire Department, I wanted to be sure -- to be assured that there would be nothing wrong with it. I mean, there's -- it says no fiscal impact, but-- MR. PAGE: And there is, and we already provide basic life support training, which is like an EMT type training, but this is more for the paramedics that they have, and as far as there being any issue with any of the fire districts, we really haven't had any in quite some time. We are working for, and the medical director is behind this, better utilization of all personnel, because we all need the -- if we have a major event-- COMMISSIONER HENNING: Motion to approve. MR. PAGE: -- we need to do it. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion for approval from Commissioner Henning, a second by Commissioner Fiala. Any discussion? All those in favor, indicate by saying aye. (Unanimous vote of ayes.) Item # 10T RAPIDIGM, 1NC. CONTRACT PROVIDING INFORMATION TECHNOLOGY SERVICES PURSUANT TO THE IMPLEMENTATION AND MAINTENANCE OF SAP FINANCIAL MANAGEMENT SYSTEM-APPROVED UP TO A Page 235 November 5, 2002 MAXIMUM OF $47,000 AND STAFF TO COME BACK 1N DECEMBER WITH A PROJECT SCHEDULE AND A MORE SPF. CIFIC FII JDGFJT RF. OI IF. ST CHAIRMAN COLETTA: Now we're coming to the best one of the day, which is T, 16E4, formerly known as. MR. MUDD: Which is the new finance SAP. MR. CARNELL: For the record, Steve Camell, purchasing general services director. As I mentioned to you at our last Board meeting, our new financial management system project being implemented using SAP software is on schedule to go live in December and January, and the current integrator and the county project team are working right now to finish preparations on that. I'm here before you now because, frankly, your project management team, which would include Jim Mitchell and myself, feel we need an insurance policy as we come down the closing stretch here on this project. Specifically, this is a once in 15 year event for us. It's been 15 years since we've done anything like this, of this type of magnitude with a financial software package, and we just feel we need to have all reasonable assurances that the system is, in fact, being properly configured and tested, and that the people employed by your agency, by the clerk of courts and supervisor of elections, the three user agencies, that the people employed in those groups to support the system are in fact getting sufficient, what we refer to as knowledge transfer from the consultants as they put the system up and put it into place, that they in fact will be able to operate the system sufficiently when the consultant leaves. So with that, I'm before you today and asking for some authorization to bring in an independent set of eyes, specifically, a group named Rapidigm, Inc., which is an established SAP integrator Page 236 November 5, 2002 known throughout the world. We have -- we're asking to bring Rapidigm in to look at three component parts of our project. Specifically, they've already taken a look at our payroll module, and we'd like them to take a look at our financial module and our purchasing section as well, and our H.R., so those three as well, in addition to what they've already done, and there's two things we want them to look at. We want them to verify the configurations and the testing that's taking place, and we also want them to take an assessment of where we are with our project staff in terms of what they've received, what they've been able to grasp and how self-sufficient they will be come January. I will preface it right now by telling you that it is our intent for the staff to be sufficient to be able to run the system, basic day-to- day operations. That is a reasonable goal in January. To be able to do major reconfiguration of the system probably is not going to be something we're going to be able to do day one, and so we also have to take a look at that and look at resources to assist the staff with major configurations that may occur later, but not necessarily be occurring day one. So that's the reason for this contract. CHAIRMAN COLETTA: This is -- and you're going to have the county clerk's office working right with you on this? MR. CARNELL: Yes, sir. CHAIRMAN COLETTA: Make a motion for approval. COMMISSIONER FIALA: Second. We're going to come back to you. All right. Motion for approval by Commissioner Coletta, second by Commissioner Fiala. Commissioner Coyle. COMMISSIONER COYLE: Okay. Here's the reason I pulled this item. The executive summary says that this is a request for authority to issue work orders in excess of $25,000. In fact, if the Page 237 November 5, 2002 information I've been given is correct, there's over-- almost a half million dollars that will be expended on this effort. MR. CARNELL: Potentially, potentially. Let me take that point and address it. We see Rapidigm being engaged at this point to potentially provide services on four different tasks. We're only clear and competent on the first one. The first task is to have them come in and do what I just described to you a moment ago, provide an assessment to us of where we are with regard to a system configuration and with regard to our personnel in terms of their ability to operate the system. NOw, that, we anticipate, will cost in the neighborhood of $47,000. What I would like to do, this was not stated in the executive summary, so let me clarify. What I would like to do with the Board's indulgence is, because we are doing this on the fly as we move towards go live, what I would like to do is I would like to get the consultant engaged, get them on site to do this work I just referenced, have them give us a quality assurance report, which is the deliverable we will get for that $47,000, and then, at that point, they will identify for us what additional things we may need in the way of services and support before January 1st, and later on, to be able to expand our capability on a system. So what I'd like to propose to the Board is that I come back to you with a complete package of what we envision needing beyond the $47,000 in December. CHAIRMAN COLETTA: I will put that in my motion. MR. CARNELL: All right. And the only reason I didn't do that was -- I even thought about -- the numbers you were talking, Commissioner Coyle, those are purely starting point numbers. I have no serious confidence in those numbers beyond the first one right now until I get that quality assurance report back, and I thought it was, frankly, a little more irresponsible to put that number out there Page 238 November 5, 2002 in the executive summary, when it's, frankly, just a little bit of educated speculation on my part right now, my first guess as to what this could cost. COMMISSIONER COYLE: A couple more questions. First of all, of the four specific tasks that you have listed as potentially requiring an expenditure of up to $500,000, which ones -- which of those tasks was supposed to be performed by our current contractor? MR. CARNELL: None, specifically. The current contractor's responsibility is to help us configure the system so that we can get the system in operation in terms of a base level of configuration based on the scope we said we wanted at the time we engaged and commenced the project. The activities in there now -- first off, the first task for $47,000 is an independent review of all the work to be sure we have no bugs, no problems, nothing significant that's going to jump up and bite us in January. The remaining tasks pertain to what I said a moment ago, providing support to the staff beyond January 1 st. The current integrator's job is responsible -- their responsibility was to get us to a basic level of functionality and a basic capacity to support that functionality. They were not contracted with, however, to teach us how to do massive reconfiguration of the system, which that would come in step two, actually. COMMISSIONER COYLE: Has the performance of the existing contractor been satisfactory? MR. CARNELL: Overall, they have performed in good faith. We had some difficulty with the consultant during the summer, at which time they had not, in our opinion, provided sufficient resources to the project. We addressed that. The consultant stepped forward and assumed responsibility. They are performing the balance of their services without any Page 239 November 5, 2002 additional fees. We are paying expenses to them, because they have a very strong presence on our site, and the way our contract reads, we are obligated to provide expenses on a material and time basis, but with regard to services, they are paying no additional costs -- we are paying no additional costs for services, and in my opinion, they have stepped up and corrected the problems that we were having in the summer. I think, however, we will confirm that, hopefully, through this audit that Rapidigm was going to provide us and give us that extra level of confidence. COMMISSIONER COYLE: When we first approved the expenditure for this project, were the costs for these four functions that are roughly estimated at $500,000, were those costs included in the budget estimates for this project? MR. CARNELL: No, sir. COMMISSIONER COYLE: Do you have sufficient money in the existing budget for this project to cover these additional costs? MR. CARNELL: I do not, based on my projections right now. I am-- COMMISSIONER COYLE: Where do we get this money? What's your recommendation? MR. CARNELL: Right now, we have identified the possibility of drawing from excess tumback money from the constitutional officer agencies, and the key word there is excess. At this point, the budget office has identified nearly 1.1 million dollars that's available above and beyond what's already budgeted and accounted for in the general county budget in terms of revenue back to the general fund, and we think we could draw from that to fund those services. There may be a few other possible operating fund options as well that could kick in some money, but primarily we're looking at that source. And again, Commissioner, we're not looking at a number larger than that. Hopefully, a number smaller. Page 240 November 5, 2002 COMMISSIONER COYLE: With respect to the services that you're anticipating from Rapidigm, have they given you a charge rate schedule so that you know how much per hour you're going to be charged based upon the level of employee they provide you? MR. CARNELL: We're negotiating, as we speak, a lump sum agreement for that first phase of services, and at this point, I have made the offer to them that will total approximately $47,000 to cover all those services in the first phase. COMMISSIONER COYLE: I -- well, here's my reaction. I wouldn't approve anything without a fairly clear indication of a charge rate schedule, and an understanding of how far we're going to have to go with these other four categories. It makes me very uneasy approving or providing approval for authority to issue work orders in excess of $25,000 without any budget, without any maximum amount, without any estimate for the project. You know, that's very, very -- that causes me great concern. I understand that you need it, and you're going to need it pretty quickly, but I would suggest that a little more time be spent on producing the budget and the estimate. I don't want to get nit-picked over the next five or six months and find the $500,000 going to five million, but I do think that some additional work needs to be done on the project schedule, the project responsibilities and the cost before I would feel comfortable voting for it. CHAIRMAN COLETTA: You made a good point, Commissioner Coyle. I'm going to withdraw my motion. Anything that can go from 25,000 to a half million dollars is not my idea of financial responsibility. MR. CARNELL: Let me, if I could, Mr. Chairman. COMMISSIONER HENNING: I don't think that's the issue. MR. CARNELL: Yeah, if I could, let me simplify it for you. I'd be very comfortable with what you're saying, Commissioner Coyle. What I would suggest we do, if the Board would give the Page 241 November 5, 2002 staff authorization to engage the first task, $47,000, because that's your navigational point for everything else, if you'll give me the authorization to do that now, I will come back to you in December with the results of what we've gained from the first task, and then give you a comprehensive budget and schedule for all other activities. COMMISSIONER COYLE: I don't have a problem with that. CHAIRMAN COLETTA: Would you make that in the form of a motion? COMMISSIONER COYLE: Yeah, I will make that motion that we provide you authorization up to a maximum of $47,000 to engage Rapidigm, and that you will come back in December with a more specific budget request and project schedule. CHAIRMAN COLETTA: And I'll second that, and also like to add that I don't want to ever see another executive summary that's this open again. Okay. With that, is there any other comments? Commissioner Carter, forgive me. I didn't mean to ignore you. COMMISSIONER CARTER: I understand this is a joint project with the department of finance in the clerk's office? MR. CARNELL: Yes, sir. COMMISSIONER CARTER: I would like some input from Jim Mitchell on this. I'm not against approving the 47,000, but I am really -- I have a zillion questions in my head on, how did this contract get developed. And now I've got somebody looking at what somebody was supposed to do to find out if they did it okay, and then I've got.four more legs, or whatever legs on this, that says, my cost is a half million dollars. So what's the plan? What's this contract all about? I'd like to get some input from finance on, where are we going with this thing? MR. MITCHELL: Commissioners, good evening. For the record, Jim Mitchell again. Page 242 November 5, 2002 Basically, what we're looking at here with Rapidigm is strictly a quality assurance program. You have to step back and take a look at exactly what it is we're trying to do, and we're trying to replace a system that's been in place in this county since 1987. And we're looking at this as probably a 15-year transaction. The total cost that we're looking at right now is 3.3 million dollars.. It's a total new way of doing business for this county, the SAP system. A lot of things we're learning as we go in regard to how the system operates. What Rapidigm is going to provide us is primarily an independent set of eyes to look to see what's been done and to not only make sure that it's done correctly, but to offer any recommendations that can enhance what has been done to make us more efficient. The half million dollars, I mean, that is a number that's -- you're really reaching up in the sky for that. There's -- we don't know what that number's going to be. There's an expectation that it won't exceed the half million dollars, but until we get through this first phase, we don't know. The one thing that we do know is that SAP is a very complicated software package, and it's going to continue to cost us money as we go forward until we get comfortable with it, until we do all of the enhancements that the county wants to do with it, to bring on different functionalities. Each time we bring on an additional functionality, it's going to cost us money, but the expectation is it's going to improve our efficiencies there. Rapidigm, what we're looking for there is strictly quality assurance. Put that fresh set of eyes on it, make sure we haven't missed anything, make sure that there's not enhancements that we can do in the short term, because keep in mind, we're looking at, not a January 1 go live, but in reality, it's going to be mid December Page 243 November 5, 2002 when we go live, because the first thing we're bringing up is payroll, and the payroll cycle for that starts toward the latter part of December. COMMISSIONER CARTER: Is the 500,000 in addition to the projected 3.3 million? MR. MITCHELL: Absolutely. COMMISSIONER CARTER: Okay. MR. MITCHELL: But that's also additional services there. I mean, the 3.3 is -- it's -- the 500, I'm not even sure exactly what that includes. I mean, that's the kitchen sink. That's if we decide to do this, this, this, this and this, and there's no expectation at this point that we're going to do that. COMMISSIONER CARTER: But each one of those comes back to the Board of County Commissioners? MR. MITCHELL: Absolutely. CHAIRMAN COLETTA: Commissioner Coyle. COMMISSIONER COYLE: Jim, do we have any hold back against the prime contractor? MR. MITCHELL: Absolutely. COMMISSIONER COYLE: How much do we have? MR. MITCHELL: I think we're currently holding back around 200,00 right now. I mean, it's pure retainage. COMMISSIONER COYLE: But will we continue to hold that back until we can verify done satisfactorily? MR. MITCHELL: COMMISSIONER MR. MITCHELL: COMMISSIONER MR. MITCHELL: through Rapidigm what has or has not been Absolutely. COYLE: We can do that? Absolutely. COYLE: And we will do that? And that's something that we'll have to also look at, is if through this process there's a claim that needs to be addressed against Rapidigm, that's something that we'll have to Page 244 November 5, 2002 address -- or not against Rapidigm, but against the prime contractor. That's something that we'll have to address. COMMISSIONER COYLE: Okay. MR. MITCHELL: That's not our expectation now. Keep in mind, what we're really looking at here is quality assurance. This is - - I think is a very prudent move just to go in there and put a set of fresh eyes on there to make sure we haven't missed anything. COMMISSIONER COYLE: I'd just like to make sure that the term SAP continues to be applied to the accounting program and not to the County Commissioners. And so I feel a little uneasy about the way this thing is progressing, and I've been through a lot of very complex systems implementations, and I know they're complex, and I know they never go smoothly, and I know the contractors never do exactly what they say they're going to do. So I appreciate your problem, but we must be very, very careful with this, or you can be talking about a million or a million and a half dollars if things don't go real well here. MR. MITCHELL: And I hear exactly what you're saying, and you don't have to go too far up 1-75 and catch 1-4 and head over to Orlando to see what they've experienced with the SAP software that they implemented. You know, they ended up spending an additional four or five million dollars. That's not our intent here. That's what we're trying to protect against by engaging the services of Rapidigm for that Q and A. We want to make sure we haven't missed anything. We want to make sure the configuration is exactly correct before we even think about bringing this thing live. COMMISSIONER COYLE: I think that's a good move. My concern is what Rapidigm might find that is going to cost us substantial additional funds, and if that is the case, I want to be able to hold back money from the primary contractor. MR. MITCHELL: Absolutely, absolutely. Page 245 November 5, 2002 COMMISSIONER COYLE: All right. Thank you very much. CHAIRMAN COLETTA: Any other comments or questions? I'll call the question. All those in favor, indicate by saying aye. COMMISSIONER COYLE: That's the 47,000 -- CHAIRMAN COLETTA: That's correct, Commissioner Coyle, that you stated. MR. MUDD: And come back in December with the details. CHAIRMAN COLETTA: The ayes have it 5-0. Items #1 IA and #1 lB PI IFIl,lC COMMFNTS ON GF, NF, RAI, TOPICS Next on the agenda is public comments on general topics. MS. FILSON: Yes, sir, you have three public speakers. The first one is Mr. Kramer. He will be followed by Ken Thompson. I believe he's gone, so he will be followed by Bob Krasowski. MR. KRAMER: Name again -- once again for the record is Jim Kramer. I want to take this opportunity to represent the public in district two. Thank Dr. Carter for his service over the past four years. You, from the podium, were able to do that. We believe that it was exemplary service for four years and we appreciate it and wanted to say thank you. CHAIRMAN COLETTA: Next speaker. MS. FILSON: Bob Krasowski, and he's your final speaker. MR. KRASOWSKI: Good evening, Commissioners. How you doing? I'm Bob Krasowski, Zero Waste Collier County Group. I'm here to update you on the efforts of Zero Waste Collier County'Group. We've made a lot of progress doing a lot in recent weeks and months since I've last spoken to you. What we have been working on is, in particular, is -- with the Zero Waste Collier County Group's effort to hold a zero waste Page 246 November 5, 2002 workshop design cherette. What we -- I presented to you before and discussed with you before is the interest that Zero Waste has to bring in zero waste experts to this community to evaluate our solid waste program and to offer a lot of other programs around the country or the world that fall under that Zero Waste umbrella, how they might be implemented here. So for those of you who aren't very enthusiastic about the visioning of Zero Waste, I'd like to suggest that you consider it in terms of maximum efficiency. That's what zero waste is. It's removing waste and being very efficient with the use of resources. As part of our intended program which initially we had scheduled for December 5th through 8th, and now we are changing and rescheduling for the late January, early February, mid February time frame, we are bringing in a number of people. The -- what we had expected or hoped to be a presentation by the county staff resulting from the RFP processes, the extensive RFP process that we have gone through to date, we expected that to occur in late October sometime, but that didn't happen, understandably. It's a very complex process you're going through in evaluating different options, and but now we understand that that will occur late January or early February, and once that information is in, we would like to provide, it to our Ph.D. in economics, our 27 year veteran expert on solid waste franchise negotiation agreements, and zero waste implementation, and also a gentleman named Barry Friezen (phonetic) who runs a zero waste program for Halifax Nova Scotia, among others we'd like to bring as part of our program, which will be co-sponsored by the State Department of Environmental Protection. They're paying for the air fare, the housing and the facilities rental to accommodate this program, and working with them, they made it contingent on the involvement of the county, and the county has agreed, the solid waste department, to present to this group, to participate, and we hope, and I see my time is kind of coming down Page 247 November 5, 2002 to the wire, we hope that through this process, through this event which we invite you all to, and you'll hear more about it, to gain insight as to other options and applications of zero waste and, you know, recycling, composting, waste minimization. And so now, I have the money to bring the people here and the outline for the whole activity. Now we have to continue with our conversations with the chamber, which we've had several, and you know the chamber's interested in the commercial recycling, among other things. I've been promised a conversation with the Conservancy after the election is over. They've been preoccupied with a number of programs that they're involved in. And then we'd like to talk, again, with building and contractor people, and other groups. For zero waste to be effective, for it to work here in Collier County, it will require, ultimately, the participation of everybody involved. So it's not something that can be done without everybody's involvement. So hopefully, this activity will advance our understanding and contribute to the overall effort and be a part of the fine effort that's been made up to this point and understand our options. I -- this will be the last time I speak to this particular group, and I would like to thank you for all your encouragement, especially Commissioner Coletta, for your support, for your critiques of the various suggestions that we've brought up here. I appreciate your input, Dr. Carter, and I hope, though you're stepping away from the dias here, that you'll still be available to discuss this option -- this whole issue that you've been involved with in the past. It would be terrible for us not to have the resources of somebody as well-'connected in the community as you, and as I had mentioned in the past, your water symposium was quite a model of what can be done when the community gets together to study an issue. Page 248 November 5, 2002 I appreciate your attention now and talking with you, and I'll be back to you on -- as this thing progresses. CHAIRMAN COLETTA: Thank you, Bob. Thank you very much. Item #12A SENIOR MANAGEMENT CLASSIFICATION FOR COUNTY ATTORNEY-DISCI ISSED And with that, we'll go to the county attomey to see if he has anything that he wants to add to this meeting. MR. WEIGEL: Very little. I'm pleased to tell you that it's not necessary to go to the legislative delegation in regard to what we discussed almost exactly two weeks ago at this time, senior management retirement classification for the county attorney. I've been working with the county manager's office, Jean Merritt, and met with Dwight Brock, and I think we'll be able to process things administratively in that regard, and I thank you for your support, and I also want to again mention my thanks for the assistance and mentoring of Commissioner Carter for the past four years. It's been a pleasure working with you. COMMISSIONER CARTER: Thank you. CHAIRMAN COLETTA: Mr. Mudd. MR. MUDD: Commissioner, I wish I was as short as David was just then, but he made up for that during the 10 items that we had to deal with. Item #15A REFERENDUM ISSUE FROM MARCO ISLAND REGARDING THE At:IIIJTY TO DEANNEX STATE ROAD 92-DISCIISSED Page 249 November 5, 2002 I've received a request from Mike Barbush (phonetic), who is the president of the Goodland Civic Association, and what Mr. Barbush is asking for is for the Board to allow the county attorney to craft language to request Marco Island City for an ordinance leading to a referendum by Marco voters so that they can de-annex the State Road 92 alpha area that was talked about before. Commissioner, in the past we haven't really got into annexation and de-annexation. We've pretty much been honest brokers in that process. I understand what Mr. Barbush wants to do, but in my opinion, and I've talked to staff about it, and David can jump in on this if he'd like, because it's his time that he's requesting -- I don't really think we have a dog in this fight, and so David? MR. WEIGEL: We have no dog in this fight. CHAIRMAN COLETTA: I like that-- I like that legal determination. That's great. I mean, that really hit home. We understood every word of it. MR. WEIGEL: Thank you. COMMISSIONER COYLE: Does that constitute sufficient guidance to staff?. MR. MUDD: Yes, sir. rll write Mr. Barbush back and say -- COMMISSIONER CARTER: Tell him we don't have a dog in this fight. MR. MUDD: I think I'll do that. Item #15B JOE SCHMITT REGARDING A HIGH SCHOOL AT ORANGETREE DEVELOPMENT; STAFF DIRECTED TO PROCF, F,D WITH AMENDMENT TO TI-IF, PI ID DOCI IMFNT The next item I'd like to talk about a little bit is, and Joe Schmitt Page 250 November 5, 2002 will come up and talk about this some more, the high school in Orange Tree by the School Board. We have some issues with the PUD and some other things, but the high school needs to get going in Orange Tree, or they're going to lose some money as far as the contractor and his mobilization costs. So Joe? MR. SCHMITT: Good evening, Commissioners. Again, for the record, Joe Schmitt, administrator of community development and environmental services. This falls in the purview of discretion lies in the hands of the commissioners. The Orange Tree PUD, the School Board wants to put in Lewis and Clark High School. We desperately need it. We all recognize it. The Orange Tree PUD does not allow for that use in the area they want to put it in. The area's currently zoned agriculture. We're initiating procedures to change the PUD. In fact, we're working with Robert Gold, because he also wants to make some amendments to the PUD. But what I'm here this evening to ask you is to allow us to allow the School Board to proceed with at least the clearing and grubbing and initial construction efforts, because the plan is right now we have a public information meeting scheduled for the -- November 18th and then the write-up in the amendment process, the Planning Commission January 2nd. We'll probably have that to you for final approval, I'm at least forecasting right now, in the second meeting in January. So. what I'm asking you is to allow, at least from a discretionary perspective, allow the school to move forward as we -- I don't have that authority to do that, and this is the situation. Michael Kirk (phonetic) is here from the School Board, and basically he can explain the ramifications that this has in delaying until January. COMMISSIONER HENNING: I don't think we really need that. I think we can make that decision right here. It's prudent that we get moving on this. So, if you need a motion or direction, my direction was -- was to Page 251 November 5, 2002 proceed forward. Do you need a motion? MR. MUDD: I just need some direction. If I can get -- CHAIRMAN COLETTA: We're all nodding our heads. MR. SCHMITT: We will come back to you for the amended PUD, and that'll be back in front of you. What I'm looking for is your concurrence to allow staff to give the School Board the thumbs up to move ahead. MR. MUDD: And Michael, you have a townhall meeting up there scheduled for when? MR. KIRK: For the record, my name is Michael Kirk. I'm the director of facilities planning and construction for Collier County Public Schools, and we have been working very closely with your staff to schedule a meeting, an information meeting that's going to be at Corkscrew Middle School on November the 18th, which will start at seven o'clock, and to inform the public of what the situation is with amending the PUD. CHAIRMAN COLETTA: Thank you very much, sir. Item #15C MANNING COMMISSION OFFICES OFF-SITE WITH STAFF- DISCI ISSF, D MR. MUDD: And my last item, Commissioner, is I've had a request to talk about manning of commissioners' off site offices off of campus, and some commissioners on this Board have offices in other places and sometimes they go to them, may it be Marco or Immokalee or whatever, about manning that office with county staff when the commissioner isn't there, and I need to get some guidance from the Board as far as that's concerned. COMMISSIONER HENNING: No way, Jose. That's my Page 252 November 5, 2002 guidance. COMMISSIONER FIALA: I'll make a comment. I'm there every Thursday, and I don't know why I'd need anybody other than -- I mean, I'm there every Thursday. They expect it. I'm never inundated. Never overloaded. So I wouldn't need staff. CHAIRMAN COLETTA: My own comments, if I may. Immokalee, and by God, you've seen it today, is certainly a different situation. About 36 miles removed from this government center. I make it there quite often, but the problem is, is that it's nothing that's predictable. With all the requirements I have on me from everything from the MPO, it's not a fixed schedule where I can show up at any particular day. I've got two days planned next week. The week after that, I think there's one day, but it's hit and miss. There's a tremendous demand in Immokalee for service that we can't render. This center is way out of reach for them, and I was looking to see if possibly we might be able to consider some assistance, at least for Immokalee, because of the situation that prevails in that community where they would love to have a government service where they could go to an office that represents the Commission office to be able to do the normal business that everyone else can do in this county. COMMISSIONER HENNING: May I make a suggestion? CHAIRMAN COLETTA: Sure. COMMISSIONER HENNING: I think you maybe ought to look at Prioritizing your time. CHAIRMAN COLETTA: I thank you, Commissioner Henning. I assure you that my time is extremely prioritized, and I spend many, many hours at the job. It's a nice way to end a meeting. Well, I think right at this point in time, there is probably not enough support on this to go forward. MR. MUDD: So that's all I have as far as communications is concemed. Page 253 November 5, 2002 COMMISSIONER FIALA: or brain storm a little bit and -- CHAIRMAN COLETTA: Maybe we can work out something I'm always open for suggestions, but COMMISSIONER CARTER: My brain's dead right now. Try the next commissioner. CHAIRMAN COLETTA: MR. MUDD: No, sir. CHAIRMAN COLETTA: Okay. Anything else, Mr. Mudd? Okay. Commissioner Henning? Item #15D AUTHORIZATION FOR STAFF TO TURN DOWN REPEAT ITEMS IF NECESSARY UNDER PUBLIC PETITIONS AND/OR Pl JlZlI.IC COMMF. NTS-DISCI ISSFJD COMMISSIONER HENNING: We had an item on public petition today, it was the same item that came up during the election time and time again. I would hope that the Board could give the county manager direction if it looks like -- unless there's substantial changes. They do have an opportunity to speak under public comments. And Commissioner Coletta, as you can see here, there was only one administrator when we had public comments. So it is, when we have public petitions, we have all of the administrators here, so it is a wasteful production of taxpayers' money. CHAIRMAN COLETTA: Right. And you can set the new rules, and it's no problem. COMMISSIONER HENNING: Okay. I just wanted to clarify that because you stated that it is a waste of taxpayers' money when we have the same item come up over and over, and the only thing that I want to do is put it under -- Page 254 November 5, 2002 MR. MUDD: Yes, sir. If I could just get some direction from the Board, if I've got a repeat item that's been heard before the Board, I just need to have a little bit of permission to say no, I'm sorry, we're not going to listen to your petition, you can come back on public comments. COMMISSIONER HENNING: I can support that. COMMISSIONER FIALA: You've got all the nods here. CHAIRMAN COLETTA: I have no problem. The only problem I had with today was that at the middle of the game, we were going to tell the person that already followed the rules that he was out for five -- for the lousy five minutes he could speak, we were going tO try to change the rules on him at that moment. No problems with doing it now. COMMISSIONER HENNING: And I hope he writes under his contribution to his campaign, taxpayers' contribution, because that's what it was all about. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Nothing from me. COMMISSIONER FIALA: I've got something. CHAIRMAN COLETTA: Okay. I've got something too. You go ahead, Commissioner Fiala. You go first. Item # 15E WORKFORCE HOUSING PROPOSING LDC AMENDMENT SPECIAl. CYCI.E-DISCI ISSED COMMISSIONER FIALA: Okay. Fine. Thank you. I first apologize, Commissioners, because I was going to send this to you via a memo, and instead my husband and I took off for North Carolina to see his grandbaby, so I want to just bring this up to you now. Page 255 November 5, 2002 On behalf of the work force housing committee, and the progress it has made, I wish to inform you of my desire to request Board authorization and direction to staff to provide for a land development code special amendment cycle to amend the code to provide for inclusionary zoning. Thank you, David, for this wording. In other words, we're getting there. We're finally there. We hope to -- we hope to have a complete package before the end of this year. So I'm asking that -- I don't know, do I need to bring it up on a special agenda? Do I need Board approval to do that? I need direction now. MR. WEIGEL: Well, thank you. I think nods or some kind of affirmation on the record is all that's necessary. You don't need a motion and the idea, of course, is that it would come before the regularly scheduled-- in between the regularly scheduled cycle, amendment cycles that we have. One's coming up in December. The next one is in June and July, and so this will work its way through probably in that February, March area, and if need be, potentially, the PUD amendment-- well, that's just a PUD amendment, so that doesn't need to be included -- MR. MUDD: We've got a couple -- we've got another special cycle that's going on for smart growth and Barbara Cacchione, basically, presented that to the Board. We'll get this one in. COMMISSIONER FIALA: Maybe we can do it at the same time. MR. MUDD: Yes, ma'am. And I'll get with the community development staff to make sure that we can get that all resolved. CHAIRMAN COLETTA: Commissioner Coyle. COMMISSIONER COYLE: Just a request. The details of the inclusionary zoning really haven't been fleshed out, and while I don't have any problem supporting an effort to begin looking at the land development code, what I have a problem with is waking up sometime in January, and here's a completed draft of all the LDC Page 256 November 5, 2002 amendments that we've never had a chance to discuss or debate. MR. MUDD: Commissioner Fiala's group is going to present to this Board everything that they basically suggest, and basically get your buy in before we -- COMMISSIONER FIALA: We're going to have a workshop so MR. MUDD: -- put pen to paper. COMMISSIONER HENNING: Fair enough. COMMISSIONER FIALA: And we're going to invite people down from -- who are specialists in this field so they can answer questions as well. We want to make sure that you have all the facts before you go in, because we want a positive response. You can't do that unless we give you all the facts. COMMISSIONER HENNING: Right. CHAIRMAN COLETTA: Thank you, Commissioner Fiala. I'm going to leave the last comment for you, Commissioner Carter. I just wanted to say -- COMMISSIONER FIALA: Oh, I wanted to say -- CHAIRMAN COLETTA: Oh, go ahead, of course. COMMISSIONER FIALA: Through good and through bad, it's been a pleasure working with you. COMMISSIONER CARTER: Thank you, Commissioner Fiala. COMMISSIONER FIALA: Thank you. CHAIRMAN COLETTA: And I too want you tell you, Commissioner Carter, I truly enjoyed working with you, but I don't think yOu're going to disappear from the scene totally. I've got a feeling you're going to be -- COMMISSIONER FIALA: You better not. CHAIRMAN COLETTA: -- close by and we'll be able to call on your golden voice to talk to us in the future --- COMMISSIONER CARTER: The EIB network. Page 257 November 5, 2002 COMMISSIONER COYLE: You can always come in under public comment. COMMISSIONER CARTER: Oh, yes, that's right. And if you think I would sit around here until seven o'clock at night to come in here under public comment, you need more help than I can share with you. CHAIRMAN COLETTA: Well, we'll let you come at the beginning of the meeting, provided you don't try to do it twice in a row. COMMISSIONER CARTER: Okay. The only comments I have, I don't know if a marathon meeting was a punishment or you just hated to see me go, but I've thoroughly enjoyed working with this Board. You're great, and, you know, as General Douglas MacArthur once said, and I will paraphrase, old commissioners never die, they just fade away, and that will be my role here, but I will be close by. So thank you. It's been a pleasure. CHAIRMAN COLETTA: Thank you. With that, we're adjourned. ***** Commissioner Carter moved, seconded by Commissioner Fiala and carried unanimously, that the following items under the Consent and Summary Agendas be approved and/or adopted: ***** Item #16Al RESOLUTIONS 2002-444 THROUGH 2002-449 PROVIDING FOR THE ASSESSMENT OF LIENS FOR THE COST OF THE APlATEMENT OF Pl IFII,IC NI IISANCF, S Item #16A2 CARNIVAL PERMIT 2002-09, RE PETITION CARNY-2002-AR- 3209, REVEREND JOSEPH SPINELLI, OSA, ST. ELIZABETH Page 258 November 5, 2002 SETON CATHOLIC CHURCH, REQUESTING A PERMIT TO CONDUCT A CARNIVAL FROM NOVEMBER 6-10, 2002 ON CHURCH PROPERTY LOCATED AT 2760 52ND TERRACE SW, GOIJDF, N GATE CITY, FI, Item # 16A3 SATISFACTION OF LIEN FOR CODE ENFORCEMENT CASE NO. 2002-002 STYLED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA VS. WILLIAM SEWARD REGARDING VIOLATION TO ORDINANCE NO. 91-102, SECTION 3.9.3 AND 2.7.6(5) AS AMENDED OF THE COLLIER COUNTY LAND DF, VFJ,OPMF, NT CODE Item #16A4 SATISFACTION OF LIEN FOR CODE ENFORCEMENT BOARD CASE NO. 2001-017 STYLED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA VS. ANDRES AND OLGA HERNANDEZ REGARDING VIOLATION TO ORDINANCE NO. 91-102, SECTION 3.9.3 AS AMENDED OF THE COIJ,IFR COl JNTY IJAND DF, VF, IJOPMF, NT CODE Item # 16A5 SATISFACTION OF LIEN FOR CODE ENFORCEMENT BOARD CASE NO. 2001-030 STYLED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA VS. MINI MAX MARKET, INC., REGARDING VIOLATION OF SECTIONS 2.7.6(1) AND (5) OF ORDINANCE NO. 91-102, AS AMENDED OF THE COIJJER COl JNTY IJAND DEVFJ~OPMFNT CODE Page 259 November 5, 2002 Item #16A6 SATISFACTION OF LIEN FOR CODE ENFORCEMENT BOARD CASE NO. 2001-074 STYLED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA VS. PENELOPE P. MAROULES REGARDING VIOLATION OF SECTION 6, PARAGRAPH B 1 AND 2 OF ORDINANCE NO. 2000-68 OF THE COIJ~IER COIINTY NOISE ORDINANCE Item #16A7 SATISFACTION OF LIEN FOR CODE ENFORCEMENT BOARD CASE NO. 2001-052 STYLED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA VS. JOHN AND SHEILA BARRY REGARDING VIOLATION OF SECTIONS 2.6.20.1.2,2.6.20.1.5,1.5.6 AND 2.1.15 OF ORDINANCES NO. 91-102, AS AMENDED OF THE COLLIER COl INTY I~AND DEVEI~OPMENT CODE Item # 16A8 ALLOW CLEARING OF TRACTS F AND G, 1.88 ACRES, OF THE OF THE SABAL BAY COMMERCIAL PLAT LOCATED AT THE SOUTHWESTERN CORNER OF US 41 AND THOMASSON DRIVE, BOUNDED ON THREE SIDES BY THE C.D.C. PUD (F.K.A. COLLIER DRI) AND ON THE FOURTH SIDE BY U.S. 41 - WITH STIPI II,ATIONS Item #16A9 RECORD THE FINAL PLAT OF "QUAIL WEST PHASE III, l JNIT FIVE" Page 260 November 5, 2002 Item gl6A10 BUDGET AMENDMENT RECOGNIZING ADDITIONAL REVENUE IN THE AMOUNT OF $683,441 FOR FISCAL YEAR '03 AND ADDITIONAL REVENUE IN THE AMOUNT OF $190,548 FOR FISCAL YEAR '02 TO THE STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) PROGRAM Item g 16B 1 WORK ORDER FOR $453,264.80 FOR CONSTRUCTION ENGINEERING AND INSPECTIONS SERVICES BY JOHNSON ENGINEERING, INC., FOR IMMOKALEE ROAD/I-75 INTERCHANGE IMPROVEMENT PROJECT NO_ 66042 Item gl 6B2 AWARD BID g02-3406 - ANNUAL CONTRACT FOR ASPHALT AND RELATED ITEMS TO BETTER ROADS INC., BONNESS, INC., AND APAC-FLORIDA INC., FOR THE APPROXIMATE ANNIIAI, AMOIINT OF $3~000~000 Item gl 6B3 AMENDMENT FOR $108,110 TO CONTRACT FOR THE CONSTRUCTION ENGINEERING AND INSPECTIONS SERVICES BY KCCS, INC. FOR LIVINGSTON ROAD PHASE II (GOLDEN GATE BOULEVARD TO PINE RIDGE ROAD) SIX- I JANE IMPROVEMENTS~ PROJECT NO. 60071 Item gl 6B4-Deleted Item gl 6B5 Page 261 November 5, 2002 BUDGET AMENDMENT AND CHANGE ORDER WITH BETTER ROADS INC., FOR MEDIAN MODIFICATIONS ON AIRPORT-PULLING ROAD 1N THE AMOUNT OF $20,618.95; PROJECT #60175 Item #16B6 AWARD WORK ORDER NO. WD-015 TO DOUGLAS N. HIGGINS, INC., FOR LAKE KELLY DITCH IMPROVEMENTS (PROJECT NO. 51801) IN THE AMOI INT OF $264;01 2.55 Item # 16B7 EASEMENT AGREEMENT AND AN ACCESS EASEMENT WHICH IS REQUIRED FOR PERIODIC MAINTENANCE OF THE GOLDEN GATE MAIN CANAL UNDER THE BRIDGE CONSTRUCTED AT 13TM STREET SW (PROJECT NO. 60012), FISCAI, IMPACT $20~100 Item # 16B8 DECLARE FOUR (4) NUCLEAR TESTING GAUGES AS SURPLUS AND APPROVE THE SALE AND DISPOSAL OF EACH NUCLEAR TESTING GAUGE AS DESCRIBED HEREIN (lqlD #S02-3423) Item #16B9 BUDGET AMENDMENT TO ESTABLISH FOR THE ALTERNATIVE TRANSPORTATION MODES DEPARTMENT IN THE AMOI Item # 16C 1 Page 262 November 5, 2002 WAIVE THE $500,000 UPPER LIMIT FOR CONTRACT #02- 3359: "ANNUAL CONTRACT FOR TELEMETRY SERVICES" AND APPROVE THE WORK ORDER TO DATAFLOW SYSTEMS IN THE AMOIJNT OF $717,160 Item # 16C2 - Moved to Item gl 0Q Item #16C3 CONVEYANCE OF A UTILITY EASEMENT TO FLORIDA POWER AND LIGHT COMPANY FOR THE INSTALLATION OF UNDERGROUND ELECTRIC FACILITIES TO SERVE THE NORTH COUNTY WATER RECLAMATION FACILITY (NCWRF) DEEP INJECTION WELLS TO BE LOCATED AT THE NCWRF PROPERTY, THE COST OF WHICH SHOULD NOT FJXCF, FD $30.00 Item #16C4 STAFF AND COASTAL ADVISORY COMMITTEE RECOMMENDATIONS TO DISAPPROVE A TDC CATEGORY "A" GRANT APPLICATION FOR THE INSTALLATION OF A SAND WEB SYSTEM (POROUS GROINS) ALONG ONE MILE OF NAPI~ES BEACH IN THE AMOI JNT OF $1 ~000~000 Item #16C5 - Moved to Item #10R Item #16C6 RESOLUTION 2002-450, SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN Page 263 November 5, 2002 FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAl, SERVICES SPECIAIJ ASSESSMENTS Item # 16C7 RESOLUTION 2002-451, SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAIJ SERVICES SPECIAIJ ASSESSMENTS Item #16C8 RESOLUTION 2002-452, SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAl. SERVICES SPECIAIJ ASSESSMENTS Item # 16C9 RESOLUTION 2002-453, SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAl. SERVICES SPECIAI~ ASSESSMENTS Item # 16C 10 RESOLUTION 2002-454, SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAl. SERVICES SPECIAl. ASSESSMENTS Page 264 November 5, 2002 Item # 16C 11 RESOLUTION 2002-455, SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAI. SF. RVICES SPF. CIAIJ ASSESSMENTS Item #16C12 CONTRACT S0055 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) TO PARTICIPATE 1N THE ENHANCED SMALL QUANTITY GENERATOR PILOT PROGRAM AND NECESSARY BUDGET AMENDMENT IN THE AMOIINT OF $20;000 Item # 16C 13 UTILITY EASEMENT FOR WATER MAINS LOCATED WITHIN LAPLAYA GOLF CLUB PROPERTY, AT A COST NOT TO EXCEF, D $600 Item # 16C 14 SECOND AMENDMENT TO LEASE AGREEMENT WITH THE CITY OF NAPLES AIRPORT AUTHORITY EXTENDING THE LEASE TERM FOR THE NAPLES TRANSFER STATION PROPERTY AT A FIRST YEAR ANNIIAL RENT OF $36;384 Item # 16C 15 FIRST AMENDMENT TO LEASE AGREEMENT WITH CARLTON LAKES, LLC, EXTENDING THE LEASE TERM FOR Page 265 November 5, 2002 AN ADDITIONAL ELEVEN MONTHS FOR A TOTAL REVENI JE OF $87400 Item # 16C 16 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEE Item # 16C 17 SATISFACTIONS FOR CERTAIN WATER AND/OR SEWER IMPA CT FEE PAYMENT AGREEMENTS Item # 16C 18 SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAIJ PROPERTY FOR ABATEMENT AND Nil IISANCE Item #16C19 UTILITY EASEMENT FOR THE CONSTRUCTION OF A 16- INCH RECLAIMED WATER MAIN ALONG THE SOUTHERLY SIDE OF DAVIS BOULEVARD FOR RADIO ROAD/DAVIS BOULEVARD PROJECT NO. 74035 AT A COST NOT TO EXCEED $400 Item #16C20 WORK ORDER FOR PHASE 2 OF PROJECT 90527, COUNTY- WIDE SAND SEARCH, IN THE AMOUNT OF $89,805 WITH COASTAI~ PIJANNING AND F. NGINEER1NG Item # 16C21 Page 266 November 5, 2002 EASEMENT AGREEMENT AND UTILITY EASEMENT FOR THE GOLDEN GATE WELLFIELD RELIABILITY IMPRO.VEMENTS PROJECT AT A COST NOT TO EXCEED $3~400- AS C)I ITI,INED 1N THE EXECI ITIVE SI IMMARY Item # 16D 1 EMPLOY A PART-TIME 4H PROGRAM ASSISTANT TO PROVIDE EXPANDED LEARNING FOR STUDENTS IN IMMOKALEE AND ACCEPT FUNDS OF $23,370 FROM A PRIVATFi DONATION Item #16D2 ANNUAL 2002 REPORT OF THE COLLIER COUNTY FILM COMMISSION Item #16D3 FIRST AMENDMENT TO LICENSE AGREEMENT WITH UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCE CONSERVATION SERVICES FOR THE CONTINUED USE OF COUNTY-OWNED OFFICE SPACE AT THE COLLIER COUNTY AGRICULTURE CENTER THAT WILL NET THE COIJNTY A FIRST YEAR REVF. NI IE OF $13~902.45 Item #16D4 - Moved to Item # 1 OS Item #16D5 TWO BUDGET AMENDMENTS, THE FIRST RECOGNIZING COMMUNITY DEVELOPMENT BLOCK GRANT REVENUE IN THE AMOUNT OF $60,000 FOR THE SOCIAL SERVICES DEPARTMENT TO PROVIDE PRESCRIPTION MEDICATIONS Page 267 November 5, 2002 TO LOW INCOME RESIDENTS IN IMMOKALEE, AND THE SECOND TO REDUCE THE FY03 SOCIAL SERVICES CLIENT ASSISTANCE EXPENDITURE BUDGET AND INCREASE THE GENERAL FUND (001) RESERVE FOR CONTINGENCIES BY $60,000 Item # 16E 1 UTILIZE STATE CONTRACTS FOR PURCHASE OF FIIRNITIIRF, AND FI,OOR COVERING OVFJR $25,000 Item #16E2 BUDGET AMENDMENT TO FUND 516, PROPERTY AND CASUALTY INSURANCE, TO CORRECT A DEFICIT IN CI,AIMS EXPENDITI IRES FOR FY02 Item #16E3 STAFF'S SHORT LIST FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF THE NEW FLEET FACILITY, RFP #02-3422- DISNEY AND ASSOCIATF, S. HARPER PARTNERS AND PPlS&J Item # 16E4 - Moved to Item #10T Item # 16F 1 BUDGET AMENDMENT REPORT- BUDGET AMENDMENT #03-047 FOR $4,600.00; #03-050 FOR $24,241; #03-057 FOR $14,540; AND #03-058 FOR $5,000 Item # 16H 1 Page 268 November 5, 2002 RESOLUTION 2002-456 OPPOSING A PROPOSED AMENDMENT TO THE FLORIDA CONSTITUTION WHICH WOULD ALLOW THE FLORIDA LEGISLATURE TO PROPOSE AMENDMENTS TO THE MIAMI-DADE COUNTY HOME RULE CHARTER. (COMMISSIONER COI,ETTA~ Item # 1611 MISCELLANEOUS CORRESPONDENCE-FILED AND/OR REFERRED The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 269 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE November 5, 2002 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Co 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. Disbursements from September 28, 2002 through October 4, 2002. 2. Disbursements from October 6, 2002 through October 11, 2002. 3. Disbursements from October 12, 2002 through October 18, 2002. Districts: 1. Immokalee Water & Sewer District- 2002-2003 Schedule of Regular Meetings and Copy of Registered Office and Agent; Audited Financial Stmnt for year end 09/01, Management Letter and Response to Management Letter. 2. Naples Heritage Community Development District - Minutes of Meeting for May 13, 2002, Financial Report for May 13, 2002 and Budget FY 2003. 3. Port of the Islands Community District - Minutes of Meeting August 16, 2002 and Financial Report August 16, 2002. Minutes: 1. Collier County Planning Commission - Minutes of September 19, 2002. 2. Workforce Housing Advisory Committee - Minutes of September 30, 2002. 3. Historical & Archaeological Preservation Board_- Agenda for October 16, 2002. 4. Collier County Airport Authority_- Agenda for October 14, 2002, Minutes of August 27, 2002, Minutes of September 9, 2002. 5. Golden Gate Area Master Plan Restudy Committee_- Minutes of July 31, 2002, Minutes of August 14, 2002. 6. Golden Gate Beautification Advisory Committee - Agenda for October 8, 2002, Minutes of September 10, 2002. 7. Immokalee Beautification M.S.T.U. Advisory Committee - Agenda for October 16, 2002, Minutes of September 18, 2002, Minutes of August 21, 2002. Item # 16J 1 November 5, 2002 ENDORSE THE UNITED STATES DEPARTMENT OF JUSTICE/DEPARTMENT OF TREASURY FEDERAL EQI IITAFII,E SHAR1NG ANNIIAI~ CERTIFICATION REPORT Item #16J2 DETERMINATION THAT PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COl INTY FI JNDS TO SATISFY SAID PIIRCHASES Item #16K1 STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCELS 118B, 818B 1 AND 818B3 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOHN A. PULL1NG, JR., TRUSTEE OF A LAND TRUST AGREEMENT DATED JANUARY 2, 1991, ET AL, LIVINGSTON ROAD (PINE RIDGE ROAD TO IMMOKALEE ROAD)PROJECT- STAFF TO DEPOSIT THE SUM OF $13,671.65 INTO THE REGISTRY OF THE COl IRT Item # 16K2 STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 705 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. DANIEL F. JOHNSTON, ETAL, (GOODLETTE FRANK ROAD PROJECT)- STAFF TO DEPOSIT THE SI IM OF $874.18 INTO THE REGISTRY OF THE COl IRT Page 270 Item #17A November 5, 2002 RESOLUTION 2002-457, RE PETITION VA-2002-AR-2432, STAN WITTEMORE, REPRESENTING W. BELDEN AND GEORGELLE BURNS, REQUESTING A 5-FOOT REAR YARD VARIANCE FROM THE REQUIRED 30 FEET TO 25 FEET FOR PROPF. RTY IJOCATF. D AT 275 KINGS WAY Item # 17B RESOLUTION 2002-458, RE PETITION VA-2002-AR-2445, DOUGLAS R. EATON, PSM, REPRESENTING BEN ARLEDGE, REQUESTING A VARIANCE IN THE ESTATES "E" ZONING DISTRICT FROM THE REQUIRED 75 FOOT FRONT SETBACK ALONG NE 33P'° AVENUE (SOUTH BOUNDARY), TO ALLOW A 30 FOOT WIDE FRONT SETBACK FOR PROPERTY IJOCATFD AT 4175 33va) AVF. NIIFJ NF, There being no further business for the good of the of the County, the meeting was adjourned by order of the Chair at 6:52 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL JAME~ COLETTA, CHAIRMAN Page 271 November 5, 2002 ATTE,~ , ~ DW~., [~T~,' 4 ~ "CLERK ~. ~.*-.. ..-'L~~. ? Ta~¢-~e~pprovea by the Board on presented ~ ........ ~ or as co~ected /o~ - ..~ - 6F,. as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING BY: Terri Lewis, RPR and Debra DeLap Page 272