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BCC Minutes 01/28/2003 R January 28,2003 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, January 28, 2003 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board( s) of such special 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: Tom Henning Frank Halas Donna Fiala Fred W. Coyle Jim Coletta ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ AGENDA January 28, 2003 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 1 January 28, 2003 CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Father Tim Navin, S1. Peter the Apostle Catholic Church 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. January 7,2003 - Joint BCC/City of Naples Workshop C. January 8,2003 - BCC/Land Development Code Amendments 3. SERVICE AWARDS A. Twenty-Year Attendees: 1) Gregorio Flores, Utilities Finance 2) Gary Hamm, Road Maintenance B. Twenty-Five Year Attendee: 1) Jodi Walters, Domestic Animal Services 4. PROCLAMATIONS A. Proclamation for Love My Library Month. To be accepted by John Jones, Director of Library and Helen Eckhardt, President of Friends of the Library. B. Proclamation to designate the week of January 26 through February 1 as Catholic Schools Week. To be accepted by students from 4t\ 5th and 6th 2 January 28, 2003 grades, their respective teachers and Rachel Baier, Dean of Studies. 5. PRESENTATIONS A. Presentation to the Board of County Commissioners for their support of the Healthy Kids Program. Plaque to be presented by Dr. Joan Colfer, Director of Collier County Health Department, and Maryann McCarty, Nursing Program Specialist. B. Presentation to the Transportation Division to award Sponsor of the Year Awards for the Adopt-A-Road Program administered by the Road and Bridge Section of the Transportation Operations Department. C. Presentation to recognize Glenn Price as this year's outstanding Aquatic Plant Manager of the Year, awarded by the Florida Aquatic Plant Management Society. 6. PUBLIC PETITIONS A. Public Petition request by Mr. Ken Drum to discuss overall plan for the Santa Barbara Extension. B. Public Petition request by Mr. Jim Kramer to discuss Selective Non- Enforcement of the Collier County Sign Ordinance. 7. BOARD OF ZONING APPEALS A. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDA-2002-AR-2803, Karen Bishop ofPMS Inc. of Naples, representing Walnut Lakes LLC, requesting an amendment to the Walnut Lakes PUD having the effect of modifying development standards in Table 1 to provide for a revision to yard requirements, specifically to reduce the 1 0- foot side yard setback for single- family detached dwelling units to 6 feet for one-story homes and 6 feet for two story homes; and to revise the master plan to eliminate the golf course and the site specific nature of a potential assisted living facility, for property located on the North side ofUS-41 and approximately 2.5 miles East of Collier Boulevard (CR-951) in Section 12, Township 51 South, 3 January 28, 2003 Range 26 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS A. Request Board to set the balloting date for the recommendation of members to the Pelican Bay MSTBU Advisory Committee by record title owners of property within Pelican Bay. B. Appointment of members to the Golden Gate Community Center Advisory Committee. C. Appointment of members to the County Government Productivity Committee. D. Appointment of member to the Lely Golf Estates Beautification Advisory Committee. E. Discussion regarding addition to Goodland Overlay. (Commissioner Fiala) 10. COUNTY MANAGER'S REPORT A. Presentation to the Board of County Commissioners by the Greater Naples Area Chamber of Commerce and the Solid Waste Management Department of a Six Month Progress Report regarding the suspended Ordinance establishing a mandatory non-residential recycling program within the Unincorporated Areas of Collier County. (Jim DeLony, Administrator, Public Utilities) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Request for Board approval, in accordance with Collier County Resolution No. 95-632, for outside counsel to represent individual defendants in the Florida Water Services Corporation vs. Collier County, et aI, Lawsuit, and for the related purchasing policy waiver due to exigent litigation circumstances. 4 January 28, 2003 B. Recommendation that the Board of County Commissioners approve and ratify a Memorandum of Understanding with the Southwest Florida Professional Firefighters, Local 1826, International Association of Firefighters, Inc. (EMS Bargaining Unit) for, among other things, a third year wage adjustment of2.9% retroactive to November 1,2001 for all bargaining unit employees and a merit increase of 1.6% retroactive to October 1, 2002 for eligible full time bargaining unit employees. 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. ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) This item continued from the Januarv 14, 2003 BCC Meetinf!. Approval of one (I) impact fee refund request totaling $3,327.00 as a rebuild from a house fire. 2) Approval of one impact fee refund request totaling $3,713.82, non- buildable lot. 3) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Nine". 4) Request to approve for recording the final plat of "Forest Park Phase III", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 5) Request to approve for recording the final plat of "Tuscany Reserve" and approval of the Standard Form Construction and Maintenance 5 January 28, 2003 Agreement and approval of the amount of the Performance Security. 6) Request to approve for recording the final plat of "Venezia Grande Estates" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 7) Request to approve for recording the final plat of "Jasmine Lake-A", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 8) Request to approve for recording the final plat of "Masters Reserve- Phase II", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 9) Approve Collier County to enter into a three-year agreement with the Collier County Hunger and Homeless Coalition to become the Lead Agency for the Annual HUD Continuum of Care Grant Application. 10) Approve a Resolution supporting proposed legislation for consideration by the 2003 Florida Legislature, to 1) extend the deadline allowing rural enterprise zones to expand their jurisdictional boundaries, and 2) reduce the required minimum purchase price from $5,000 to $500 for eligibility under the Enterprise Zone Business Equipment Sales Tax Refund Program. 11) Recommendation that the Board of County Commissioners amend the hire date from April 2003 to February 2003 for the two new Planner positions in the Comprehensive Planning Section of Planning Services. 12) A Resolution supporting March Performance as a Qualified Applicant pursuant to ~288.1 06, Florida Statutes; and providing an appropriation of $32,000 as local participation in the Qualified Target Industry Tax Refund Program for Fiscal Y ear( s) 2004 through 2007, and providing for an effective date. B. TRANSPORTATION SERVICES 6 January 28, 2003 1) That the Board authorize the Transportation Administrator or his designee to execute the attached Federal Transit Administration Section 5310 Grant Application and applicable documents. 2) That the Board authorize the Transportation Administrator or his designee to execute the attached Federal Transit Administration Section 5311 Grant Application and applicable documents. 3) A Resolution of the Collier County Board of County Commissioners authorizing the execution of a Joint Participation Agreement (JP A) with the Florida Department of Transportation for State Block Grant Funds. 4) Recommendation to approve the purchase of one (I) 15 CY Dump Truck, Diesel, in accordance with Bid #03-3457. 5) Recommendation to award Bid #03-3458R-Annual Contract for the purchase of limerock and fill material for the approximate annual amount of $500,000 to five companies. 6) Approve Change order No.1 for $71,155 for the Construction Engineering and Inspections Services by PBS&J, Inc. for Goodlette- Frank Road (Pine Ridge Road to Vanderbilt Beach Road) Four and Six Lane Improvements, Project No. 60134. 7) Approve a Budget Amendment to recognize additional revenue for the Collier County Transportation Pathways Program Project #69081 in the amount of $94,928. C. PUBLIC UTILITIES 1) Approve Underground Conduit Installation Agreement with Florida Power and Light Company for the South County Water Reclamation Facility Expansion, Project 73949. 2) Approve a Developer Contribution Agreement with DiVosta and Company, Inc., and IslandWalk Development Company, Inc. in the amount of$36,902 for Wastewater Facilities provided in accordance with the PUD documents for the IslandWalk Development, Project 7 January 28, 2003 Number 73190. 3) Approval of an Interlocal Agreement with the City of Naples to bill specific Wastewater Accounts. Fiscal Impact is $36,000 per year. 4) Approve a Work Order for a sand search for the re-nourishment of Hideaway Beach, Project 90502, in the amount of $21 0,448. 5) Approve a Work Order for a Hard-Bottom Investigation as part of County-Wide Sand Search, Project 90527, in the amount of$55,992. 6) Re-appropriate the balance of unspent funds in Fiscal Year 2002 related to North Wellfield Improvements in the amount of $98,200, Project 70075. D. PUBLIC SERVICES 1) Approve and execute documents necessary for the conveyance to Florida Governmental Utility Authority of Water Utility Facilities located at the Golden Gate Community Center Annex, at a cost not to exceed $95.00. 2) Recommendation that the Board of County Commissioners convey easements to Florida Power and Light Company and Sprint-Florida, Inc., the total cost of which will not exceed $30.00. 3) Approval of a Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department. E. ADMINISTRATIVE SERVICES 1) Approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute Limited Use Bare License Agreements for the 2003 Calendar Year. 2) Award Bid #03-3449 for preparation and delivery of title commitments and real estate closing services for right-of-way and other land acquisitions. 8 January 28, 2003 F. COUNTY MANAGER 1) Approval of Florida Association of Counties (FAC) $7,927 Special Assessment for Lobbying Services related to the Implementation of (Article V /Revision 7) State Court Funding. 2) Adoption of Resolution of the Board of County Commissioners regarding reimbursement of certain costs relating to the Acquisition and Construction of various Transportation related Capital Improvement Projects. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas's request for Approval for Payment to attend function(s) serving a Valid Public Purpose for the Economic Development Council Installation of Officers and Outstanding Volunteer Award Dinner. 2) Commissioner Halas's request for Approval for Payment to attend function(s) serving a Valid Public Purpose for Lake Trafford's Bright Future Event. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1) Approve the Stipulated Final Judgment relative to the Fee Simple Acquisition of Parcel 128 in the Lawsuit styled Collier County v. North Naples United Methodist Church, Inc., et aI, Case No. 02-1742- CA (Goodlette-Frank Road Project (Pine Ridge to Vanderbilt Beach Road), Project #60134). 2) Approve the Stipulated Final Judgment relative to the Acquisition of a road easement designated as Parcel 128 in the Lawsuit styled Collier 9 January 28, 2003 County v. Gerald A. McHale, Jr., Successor Trustee Under Unrecorded Land Trust Agreement Dated 12/10/92, et ai, Case No. 00-0487 -CA (Pine Ridge Road between CR 31 and Logan Boulevard) (Project No. 60111). 3) Approve three Agreed Orders with Respondent Sprint-Florida, Incorporated f/k/a United Telephone Company of Florida ("SPRINT") with respect to (1) Parcel No. l78B in the Lawsuit styled Collier County v. Roberto Bollt, et ai, Case No. 02-2217-CA; and (2) Parcel No. 182 in the Lawsuit styled Collier County v. Lazaro Herrera, et ai, Case No. 02-2211-CA; and (3) Parcel No. 188 in the Lawsuit styled Collier County v. GJR of Naples Inc., et ai, Case No. 02-2212-CA (All Three Agreed Orders concern Immokalee Road Project #60018). 4) Recommendation to approve a Budget Amendment in the amount of $35,000 for outside counsel and professional services in support of Resolution 2002-428 expressing concerns regarding the Acquisition of the Marco Island/Marco Shores Utility System by the Florida Water Services Authority. 5) That the Board of County Commissioners, as the Governing Body of Collier County and as Ex-Officio Governing Board of the Isles of Capri Municipal Rescue and Fire Services Taxing District and the Ochopee Fire District enter into Interlocal Agreements with Independent Fire Districts for the purpose of implementing the duties and obligations of the various dependent and independent Fire Districts with respect to Fire Plan Review and Fire Code Inspections for new construction, construction projects and existing structures within the various districts. 6) Approve the Stipulated Order of Taking and Final Judgment relative to the Fee Simple Acquisition of Parcel 129 in the Lawsuit styled Collier County v. North Naples Fire Control and Rescue District, et ai, Case No. 02-1702-CA (Goodlette-Frank Road Project #60134). 7) Authorize the making of an Offer of Judgment to Respondent Temple Grove Partnership, John A. Pulling, Trustee, A/K! A Temple Citrus Grove, A Partnership, for business damages to Parcel No.1 04 in the amount of $3000 in the Lawsuit styled Collier County v. John A. Pulling, Jr., Trustee ofa Land Trust dated January 2, 1992, et ai, 10 January 28, 2003 Case No. 02-1908-CA (Livingston Road Project; Pine Ridge Road to Immokalee Road). 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 P ARTICIP ANTS MUST BE SWORN IN. A. V A-2002-AR-2848, Richard D. Y ovanovich, of Goodlette, Coleman and Johnson, P.A., representing M.L.S. of Naples, Inc., requesting a 6.1 foot variance from the required 10 feet to 3.9 feet for an existing sign, and a 2.2 foot variance from the required 5 feet to 2.8 feet for an existing flagpole, for property located at 1455 Pine Ridge Road, located in Section 10, Township 49 South, Range 25 East, Collier County, Florida. B. Petition A VPLAT2002-AR3474 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 20 foot wide Maintenance Easement located along the rear of Lot 86, according to the plat of "Moon Lake Unit 5" as recorded in Plat Book 23, Pages 79 through 80, Public Records of Collier County, Florida, located in Section 6, Township 50 South, Range 26 East. C. This item has been continued from the January 14.2003 BCC Meeting. Petition A VPLA T2002-AR2704 to disclaim, renounce and vacate the County's and the Public's interest in all of the Platted Conservation Easement located on Lot 73, according to the Plat of "Southport on the Bay Unit One" as recorded in Plat Book 15, Pages 51 through 53, Public Records of Collier County, Florida, and to accept a Relocation Conservation Easement over a portion of said Lot 73, located in Section 6, Township 48 11 January 28, 2003 South, Range 25 East. D. Petition A VPLA T2002-AR2593 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 7.5 foot wide utility easement located along the East line of Lot 52, Block 72, according to the Plat of "Naples Park Unit No.5" as recorded in Plat Book 3, Page 14, Public Records of Collier County, Florida, located in Section 28, Township 48 South, Range 25 East. E. Board to review and approve staff recommendations relative to the attached list of "PUD Sunsetting Projects", which have not commenced construction, as defined in Section 2.7.3.4 of the Collier County Land Development Code (LDC), and have not submitted an amendment application pursuant to the Resolutions adopted by the Board of County Commissioners on June 25, 2002. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 12 January 28, 2003 January 28, 2003 CHAIRMAN HENNING: Would you all rise for the invocation given by Father Tim Navin from St. Peter the Apostle Catholic Church, and following that we'll do the Pledge of Allegiance. Father? MR. NAVIN: Good morning. Let us pray. Throughout life, Lord, we have all been taught to look out for ourselves. Sometimes we forget that you have been looking out for each one of us all along. We ask you now to hear the prayers of this community, but also to hear our words of praise and thanksgiving for your blessings. Thank you for the many people who work so hard for the good of our community. Many different people make up our neighborhoods. Thank you for creating each of us for a special purpose. Thank you too, Lord, for the positive influence of others in our lives. Let us continue to gather as a community to work towards solutions to the problems we face and to come together in your name offering our praise and gratitude, amen. CHAIRMAN HENNING: Commissioner Fiala, would you lead us in the pledge, please. COMMISSIONER FIALA: Thank you. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HENNING: Thank you. Item #2A REGULAR, CONSENT AND SUMMARY AGENDAS - Mr. Weigel, do we have any changes on the agenda today? MR. WEIGEL: Nothing additional, but I would like to make a statement in regard to item I2(A) that's being continued. And I just want to communicate to the commission that this was a lawsuit filed by the Florida Water Services Corporation against Collier County, Page 2 January 28, 2003 also against the Water Waste Water Authority, also against the members of the Water Waste Water Authority, also against the members of the Board of County Commissioners. Our office was in contact with the plaintiff law firm that had filed this complaint. We expressed our extreme displeasure of the manner and tenor of the complaint in -- particularly including individual members of the respective boards, and spoke in terms of counterclaiming to them in regard to a frivolous lawsuit. They have agreed to remove the individual members of both the waste -- W ater Waste Water Authority and Board of County Commissioners from the complaint. Weare continuing it to the next meeting because we want to see that, in fact, an amended complaint is ultimately filed and served upon us. If that should occur, however, obviously the savings from not having to go to outside counsel will be significant even though we thought we would prevail immediately with the pleadings that we'd be filing in court in response to the initial complaints. We just wanted to pass on, the kind of good news with the continuance is that we believe we've saved considerable money for the taxpayers. CHAIRMAN HENNING: Thank you. County Manager Jim Mudd, walk us through the change sheet. MR. MUDD: Good morning, Mr. Chairman. The change list for today, we're going to continue item 6(B) to February 11, 2003, and that's the public petition request by Jim Kramer to discuss selective nonenforcement of the county sign ordinance, and that's at the petitioner's request. Mr. Weigel talked about the continuance of item 12(A) to February 11 th, and that's basically the outside counsel for the Florida Water Services Corporation versus Collier County lawsuit. The third item is to move item 16(H) 1 to 9(F). That's Commissioner Halas's request for approval of payment to attend a function for valid public purpose for the Economic Development Page 3 January 28, 2003 Council installation, and that was at Commission Coletta's request. Commissioner Coletta mentioned to me earlier this morning that he now does not plan -- his original intent was to say he was going and he would also like to be named as far as that particular exec. summary. But since this morning, Commissioner Coletta's agenda has changed and he will not be able to attend that event, so -- COMMISSIONER COLETTA: And I am very appreciative of the fact that Commissioner Halas will be there to represent us. COMMISSIONER FIALA: So do you want to still pull it then? COMMISSIONER COLETTA: No, I have no reason to pull it. CHAIRMAN HENNING: Does anybody -- excuse me, Mr. Mudd. Anybody else want to attend these functions under the valid public purpose? (No response.) CHAIRMAN HENNING: Seeing none, go ahead. MR. MUDD: 16(H) 1 stays on the consent agenda. The fourth item is withdraw item 16(H)2, and that's at Commissioner Halas's request to -- for approval of payment to attend functions serving a valid public purpose at Lake Trafford's big future event. They're basically doing a rather large dredge event out in that -- as far as the Corps of Engineers and South Florida Water Management District, and that withdrawal was at the request of Commissioner Halas. The next event (sic) is to move item 16(K)5 to 12(C), and that item is that the Board of County Commissioners, as the governing board of Collier County and ex -officio governing board of the Isles of Capri Municipal Rescue and Fire Servicing Taxing District and the Ochopee Fire District enter into an interlocal agreement with independent fire districts for the purpose of implementing the duties and obligations of the various dependent and independent fire Page 4 January 28, 2003 districts. And that's going to be heard at 12(C), and that move was at Commissioner Henning's request. Then we have two notes, Commissioner. Item 12(B), we're asking that has a time certain of 12:30 (sic), and that's basically a recommendation of -- the Board of County Commissioners approve and ratify a memorandum of understanding with the South Florida Professional Firefighters, Local 1826. And the last note is just a clarification item. It's item -- excuse me -- we have two more behind. Leo snuck a couple in there. The other note is 16(C)4. It's a clarification. This project is one element of -- and there were several questions by the commissioners as we talked this -- as we talked the agenda over the last couple of days, and this one is for clarification. This proj ect is one element of the engineering and design of the Hideaway Beach renourishment proj ect that was approved by the Coastal Advisory Committee, the Tourist Development Council, and the Board of County Commissioners as part of the FY-'02 budget, and we're finishing the work up in FY-2003. The sand search shall be used for renourishment purposes of this particular beach or for other beaches in Collier County if the Board of County Commissioners so designates. The reason for that, the final construction of this project, we haven't got the final estimates, but we've heard -- we've heard figures of five million, six million dollars. And the board has not made a decision upon that. We want to make sure this isn't wasted effort that can't be used someplace else if the board decides to do something different with their Tourist Development Council money. Next item, the following two items are from the January 14th, 2003, BCC agenda. Item 16(B) 1, which was a change order number three for Bonness to work on the bridge at Lake Avenue, and item 16(B)2, which was for the construction, engineering and inspection by HDR Page 5 January 28, 2003 for that same lake that -- Lake Avenue -- avenue bridge. Both items we're going to continue indefinitely . We have some -- we have some issues as far as making sure we have the right contracting procedures. So instead of trying to postpone it to a date, time certain, we're just going to continue it indefinitely. Y .? es, SIr. COMMISSIONER HALAS: I have a question, Mr. Mudd. On the first one, item 12(B), did you say 12:30, or was that 10:30? MR. MUDD: 10:30, sir. COMMISSIONER HALAS: 10:30? MR. MUDD: 10:30. COMMISSIONER HALAS: Okay. Because you did say -- MR. MUDD: By 12:30, Commissioner, based on this agenda, we should be long gone. COMMISSIONER FIALA: But you said 12:30. MR. MUDD: I'm sorry. COMMISSIONER HALAS: That's why I just -- MR. MUDD: 10:30, sir. COMMISSIONER FIALA: Thank you for clarifying that. MR. MUDD: That's all I have, Mr. Chairman. CHAIRMAN HENNING: Okay. We'll go down the line. Sue Filson, do you have any changes to the agenda? MS. FILSON: No, sir. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I don't have any changes to the agenda at this time. CHAIRMAN HENNING: Do you have any disclosures on the summary? COMMISSIONER HALAS: I just have one -- not on the summary, no. CHAIRMAN HENNING: Yes, thank you. Commissioner Fiala? Page 6 January 28, 2003 COMMISSIONER FIALA: The only disclosure I have is that it's Fred Reischl's birthday, and he's turning 50 years old today. Stand up, Fred. But having disclosed that, I just received one email with regard to 17(C). CHAIRMAN HENNING: Okay. Thank you. Commissioner Coletta? COMMISSIONER COLETTA: I have no disclosures, nothing to change, thank you. CHAIRMAN HENNING: Nothing to change. Commissioner Coyle? COMMISSIONER COYLE: I have no changes and no disclosure for the summary agenda. CHAIRMAN HENNING: I think we all have disclosures on one of the consent agenda items. COMMISSIONER HALAS: 17(C). CHAIRMAN HENNING: 17(C). COMMISSIONER HALAS: That's the summary agenda. CHAIRMAN HENNING: Summary agenda. Nope, I'm mistaken. Looking, I don't have any changes or disclosures on the summary agenda. But I do -- today's proceedings, we're not going to use the dippy buttons or the lights. I will recognize the commissioners if they want to speak on a certain item. So I'll entertain a motion to approve the agenda and the minutes. COMMISSIONER COYLE: So move. COMMISSIONER FIALA: Motion to approve -- CHAIRMAN HENNING: Motion to -- from Commissioner Coyle to approve the minutes and the agenda, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. Page 7 January 28, 2003 COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Page 8 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Januarv 28. 2003 CONTINUE ITEM 6B to February 11. 2003 BCC meetina: Public Petition request by Mr. Jim Kramer to discuss selective non-enforcement of the Collier County Sign Ordinance. (Petitioner request.) CONTINUE ITEM 1 2(A) to F ebruarv 11. 2003 B CC m eetina: Request for Board approval, in accordance with Collier County Resolution No. 95-632, for 0 utside counsel to represent individual defendants in the Florida Water Services Corporation vs. Collier County, et ai, lawsuit, and for the related purchasing policy waiver due to exigent litigation circumstances. (Staff request.) MOVE ITEM 16(H)1 to 9F: Commissioner Halas's request for approval for payment to attend function(s) service a Valid Public Purpose for the Economic Development Council Installation of Officers and Outstanding Volunteer Award Dinner. (Commissioner Coletta request.) WITHDRAW ITEM 16(H)2: Commissioner Halas's request for Approval for Payment to attend function(s) serving a Valid Public Purpose for lake Trafford's Bright Future Event. (Commissioner Halas request.) MOVE ITEM 16(K)5 to 12(C): That the Board of County Commissioners, as the Governing Body of Collier County and as Ex-Officio Governing Board of the Isles of Capri Municipal Rescue and Fire Services Taxing District and the Ochopee Fire District enter into Interlocal Agreements with Independent fire Districts for the purpose of implementing the duties and obligations of the various dependent and independent Fire Districts with respect to Fire Plan Review and Fire Code Inspections for new construction, construction projects and existing structures within the various districts. (Commissioner Henning request.) NOTES: ITEM 12(B) to be heard at 10:30 a.m. Recommendation that the Board of County Commissioners approve and ratify a Memorandum of Understanding with the Southwest Florida Professional Firefighters, local 1826, International Association of Firefighters, Inc. (EMS bargaining Unit) for, among other things, a third year wage adjustment of 2.9% retroactive to November 1, 2001 for all bargaining unit employees and a merit increase of 1.6% retroactive to October 1, 2002 for eligible full time bargaining employees. Item 16C4 - For clarification, this project is one element of the engineering and design of Hideaway Beach renourishment project which was approved by the CAC, TDC and BCC for FY 2003. This project was originally approved as part of the FY-02 budget. This sand search shall be used for renourishment purposes of this particular beach or for other beaches in the County if the BCC so designates. The following two items are from the January 14. 2003 BCC Aaenda: ITEM 16(B)1 (from the January 14. 2003 BCC Aaenda) was continued to the January 28. 2003 BCC meetina and is further continued indefinitelv: Approve Change Order No.3 with Bonness, Inc., in the amount of $1,390,146.36 for additional construction services to build a bridge at lakeland Avenue over the Cocohatchee Canal, Project No. 65041. (Staff request.) ITEM 16(B)12 (from the January 14. 2003 BCC Aaenda) was continued to January 28. 2003 BCC Meetina and is further continued indefinitelv: Approve supplemental agreement No.1 for $142,337 for the construction engineering and inspections services by HDR Construction Control Corporation to add inspection services for the construction of the lakeland Avenue Bridge, Project No. 65041. (Staff request.) January 28, 2003 Item #2B MINUTES OF THE JANUARY 7, 2003 JOINT BCC/CITY OF Entertain a motion for the January 7th, 2003, joint BCC/City of Naples workshop. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: We have a motion from Commissioner Coyle, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Item #2C MINUTES OF THE JANUARY 8, 2003 SPECIAL MEETING - AEER OVEn AS ffi.E.SENIED Entertain a motion for approval of January 8, 2003, BCC/Land Development Code amendments. COMMISSIONER COYLE: Motion to approve. COMMISSIONER HALAS: I second it. CHAIRMAN HENNING: Motion by Commissioner Coyle, seconded by Commissioner Halas to approve the minutes. Page 9 January 28, 2003 All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Items #3A & #3B N ow we go to service awards. If you all would join me in front of the dais, we'll present these awards to the fine employees that we have here in Collier County. MR. MUDD: Mr. Chairman, the first service award attendee is Gregorio Flores for Utilities Finance, and these are 20-year awards for time in Collier County. (Applause. ) COMMISSIONER FIALA: Wow. Congratulations. MR. MUDD: Now, Gregorio, if you could just -- Gregorio, come on back over, get in the front, right in the middle. You have to smile now. COMMISSIONER COLETTA: Pain's almost over. (Applause.) MR. MUDD: Thank you very much. The next 20-year awardee is Gary Hamm from road maintenance. (Applause.) CHAIRMAN HENNING: Hi, Gary. Thank you. Page 10 January 28, 2003 COMMISSIONER FIALA: Congratulations, and thank you from us. COMMISSIONER HALAS: Thank you. COMMISSIONER COLETTA: Turn, face the camera, please. (Applause. ) MR. MUDD: Mr. Chairman, the next awardee is a 25-year awardee, and that goes to Jodi Walters from Domestic Animal Services. (Applause.) COMMISSIONER FIALA: That's called hanging in there. Thank you for all your service. COMMISSIONER HALAS: Thank you. COMMISSIONER COLETTA: Twenty-five years; you must have started when you were 10. (Applause.) MR. MUDD: Mr. Chairman, that completes the awardees for today. CHAIRMAN HENNING: The next item is -- COMMISSIONER FIALA: You have to take the leadership role. CHAIRMAN HENNING: I thought those were my glasses. Okay. We're ready. Commissioner Coy Ie, your dippy light is on. Do you want to say something? COMMISSIONER COYLE: No. I want you to turn my dippy light off. Item #4A PROCLAMATION DESIGNATING FEBRUARY AS LOVE MY Page 11 January 28, 2003 CHAIRMAN HENNING: The next item is proclamations, item 4(A), and Commissioner Donna Fiala will be giving out this proclamation. Commissioner? COMMISSIONER FIALA: And -- thank you. And will the representatives from the library please come up? All of you. Good mornIng. And by the way, I hope that everybody in the audience and everybody who's going to come and visit us today will notice on the table outside of this room that there are some things to pick up for Love Your Library Month, and I hope each and every one of you do that, by the way. Proclamation: Whereas, beginning on Saturday, February 1st, and continuing throughout the month of February, Collier County Public Library will commence a month-long Love My Library campaign to celebrate the vital role of books as windows to the past and doorways to a bright and exciting future for all Collier County residents; and, Whereas, this month-long celebration reflects the library's year-round commitment to providing the highest levels of service possible to county residents; and, Whereas, Love My Library Month activities will showcase the important role books play in our daily lives and the absolute joy that reading can be; and, Whereas, through books, the reader can travel the world and beyond, visit the past and imagine the future; and, Whereas, the friends of the library of Collier County, Incorporated, in partnership with Collier County Public Library, has been committed to supporting quality library programs and services and has taken the lead in underwriting the many special programs offered at all Collier County Public Libraries, including the Love My Library Campaign. Now, therefore, be it proclaimed by the Board of County Page 12 January 28, 2003 Commissioners of Collier County, Florida, that the month of February be proclaimed as Love My Library Month. Done and ordered this 28th day of January, 2002 (sic), Board of County Commissioners, Tom Henning, Chairman. Motion to approve. COMMISSIONER HALAS: I second it. CHAIRMAN HENNING: There's a motion by Commissioner Fiala to move this proclamation, followed by a second of Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Thank you. (Applause.) COMMISSIONER HALAS: Congratulations. Thank you. COMMISSIONER COYLE: Thank you. John, good seeing you agaIn. CHAIRMAN HENNING: Thank you for everything. COMMISSIONER FIALA: Will you step up to the podium and -- CHAIRMAN HENNING: Let's get a picture first, please. John? COMMISSIONER FIALA: Oh, great. (Applause.) MS. ECKHARDT: My name is Helen Eckhardt. I'm the president of the Friends of the Library of Collier County. Page 13 January 28,2003 The Friends of Collier County is a nonprofit organization dedicated to providing financial assistance to the Collier County Public Library system, and we are pleased to join with the other sponsors in supporting Love My Library Month. Our goal for this program is 500 books. John, will you -- John, on behalf of the Friends of the Library, I would like to present you a check representing funds in the amount of $106,700 to cover costs for adult and children's programs, staff training, equipment and materials, and the many special items that make the Collier County Public Library System exceptional. (Applause. ) CHAIRMAN HENNING: Well, God bless you. Thank you for that gift. COMMISSIONER FIALA: Wow. Item #4B PROCLAMATION DESIGNATING THE WEEK OF JANUARY 26TH THROUGH FEBRUARY 1ST AS CATHOLIC SCHOOLS :wEEK - A D.OEIED CHAIRMAN HENNING: The next proclamation will be presented by Commissioner Coletta. COMMISSIONER COLETTA: Thank you. Would Rachel and Scott Baier, Pat Moore, Vicki Fernandez (sic), Lindsay Poloto (phonetic), and the Royal Palm Academy students please come forward and line up in front of the dais. Please. Right up here, please. As a former student of Catholic education myself, I can tell you, there is a light at the end of the rainbow, and you have a lot to thank your parents for, and your teachers. And I'm very honored to read this proclamation. Page 14 January 28, 2003 Whereas, Catholic schools throughout the United States of America will celebrate Catholic School Week on the last week of January; and, Whereas, Collier County is experiencing growing demand for Catholic education with existing Catholic schools expanding the program and new schools opening; and, Whereas, approximately 1,200 students in Collier County are currently enrolled in Catholic schools which include St. Elizabeth, St. Ann's, St. John Newman's and the Royal Palm Academy; and, Whereas, Catholic education in Collier County now also includes post-secondary studies with the new arrival of Ave Maria University; and, Whereas, the National Catholic Education Association has announced this year's theme to be making a world of difference; and, Whereas, students enrolled in area Catholic schools devote numerous hours of service towards the improvement of our community; and, Whereas, the goals of Catholic education is to educate the mind, the heart and the character of every child. And, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of January 26th through February 1 st be designated as Catholic School Week in Collier County, Florida, and urge all citizens to remember the impact that Catholic education has had in our area and encourage you to join in the week-long celebration sponsored by each school. Done and ordered this 28th day of January, 2003, Tom Henning, Chairman, Collier County Board of Commissioners. And I make a motion to approve. COMMISSIONER FIALA: And second. CHAIRMAN HENNING: Motion by Commissioner Coletta to approve this proclamation, followed by Commissioner Fiala. All in favor of the motion, signify by saying aye. Page 15 January 28, 2003 COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Thank you. (Applause. ) CHAIRMAN HENNING: Great. COMMISSIONER COLETTA: Do you have a spokesperson? Please take the podium. CHAIRMAN HENNING: Would you like to give the proclamation? COMMISSIONER COLETTA: Oh, yes, by all means. There you go. MS. BAIER: Thank you. COMMISSIONER COLETTA: And I have an extra copy of it I'm going to send to Tom Monahan from Ave Maria University. Thank you. MS. BAIER: Good morning. And thank you, first of all, for having us here. My name is Rachel Baier, and I'm representing Royal Palm Academy. As you can see, we have several of our students here with us. We thank you for celebrating Catholic Schools Week with us. And I wanted to tell you just briefly a little bit about our school. We are a private Catholic school here in Naples. Weare affiliated with over 150 schools worldwide. And the main theme of our education is what we give to our children, not only high academics, but also we form their characters, we form them spiritually, and also epistolically. As you read in the proclamation, it says that Catholic schools Page 16 January 28, 2003 serve the community, service the county by going out and offering service to the elderly, food drives, things like that. So those are some of the things that we are doing in the community. So I wanted to thank you again for recognizing our school and all the other Catholic schools in the county. Thank you. CHAIRMAN HENNING: Thank you. COMMISSIONER COLETTA: Thank you. (Applause. ) Item #5A PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS FOR THEIR SUPPORT OF THE HEALTHY KIDS PROGRAM - PLAQUE PRESENTED BY MARYANN CHAIRMAN HENNING: Now we move on to 6(A) (sic), proclamation -- or presentation. The first presentation will be from Dr. Joan Colfer from the director of Collier County Health Department, and this is a presentation for the support of the Healthy Kids Program. MS. CRAIG: Good morning. I'm Susan Craig from the Health Department, and I am representing Dr. Colfer who, unfortunately, had some family illness and needed to leave town. Weare here to present the board with an award that was submitted by one of our employees, Maryann McCarty, who is in charge of our Healthy Kids Program, and that's the program that provides for health insurance for children, families who are below 200 percent to poverty. And due to funding that the county provided us to expand an outreach proj ect that was really quite innovative, hadn't been done anywhere else before, we've been able to significantly increase the Page 1 7 January 28,2003 number of children who now have access to health insurance in Collier County. And we thank you for your foresight to work with us on this project. Maryann? MS. McCARTY: I'll just read the little blurb to you that I submitted on your behalf. We were allowed to nominate a community partner in an innovative project that we had done, and you won for the State of Florida. And in the summer of 2001, the Collier County Health Department received a stipend of money from the Collier County Board of Commissioners to proceed with the project to identify and target outreach efforts to pockets of underserved, underinsured populations who had not been identified or served through previous Florida kid care outreach. For this project, we identified four elementary and one Pre-K learning center in the rural community of Immokalee, in which 90 percent of the population qualified for free and reduced lunch, and three other schools in a section of Collier County that was a catchment area for low-income groups and minority populations. A tear-off in three languages was developed and attached to the reduced and free lunch application requesting parents to provide their name, address and phone number if they were interested in further information regarding health insurance for their children. Daily pickups at the central school administration building provided thousands of names of families interested. Every family was initially sent a kid care application. Home/school liaisons were then hired as OPS outreach workers to provide one-on-one home visits on weekends and evenings to assist families in the application process. Since they were already members of the community and were bilingual, they were accorded access to a community that Page 18 January 28, 2003 traditionally feared divulging family information. Enrollment in the town of Immokalee has increased by more than 25 percent, with a 30 percent increase noted in the catchment area selected. Over 2,000 applications and home visits have been recorded since the start of the project. This program has proved so successful that a second year of funding has been granted by the Board of Commissioners. I thank you. CHAIRMAN HENNING: Thank you. MS. CRAIG: Thank you very much. CHAIRMAN HENNING: Thank you. COMMISSIONER FIALA: Thank you for all your hard work. COMMISSIONER HALAS: Thank you very much for all your hard work. CHAIRMAN HENNING: And your time. That was very nice of you. COMMISSIONER COYLE: Thank you very much. CHAIRMAN HENNING: Ifwe'djust turn around and get a picture now. (Applause.) Item #5B SPONSOR OF THE YEAR AWARDS FOR THE ADOPT-A-ROAD PROGRAM ADMINISTERED BY THE ROAD AND BRIDGE SECTION OF THE TRANSPORTATION OPERATIONS CHAIRMAN HENNING: Next presentation will be by our transportation department recognizing the fine businesses and organizations that have taken a lot of time to clean our roadways. MR. ETELAMAKI: Good morning. My name is Mike Page 19 January 28,2003 Etelamaki, road maintenance director. I'm here to give you a little history on the Adopt-A-Road Program. The Adopt-A-Road Program was initiated in Collier County in 1991. It has steadily grown in the interim years to encompass 207 miles of county roadways, 578 miles of lane miles, and 84 sponsors. These volunteer participants donate a combined total of almost 12,000 hours annually picking up approximately 50 tons of litter per month, producing savings to the taxpayers of a quarter million dollars per year. This allows road maintenance workers to be used more productively in road repair and drainage problems. We appreciate the support the Board of County Commissioners has shown for the Collier County Adopt-A-Road Program throughout the year. Barbara Lee, the Adopt-A-Road coordinator for road maintenance, who by the way does an outstanding job for us, will introduce the recipients of the sponsor of the year awards for the year 2002. Barbara? MS. LEE: Commissioners, Mr. Mudd. We have six awards to present today, five -- five runners-up, and our top sponsor of the year, so we'll start with the runners-up. Bentley Village is very proud of their efforts to keep their segment of Vanderbilt Drive free of litter. The group calls themselves the Bentley Rangers, and Ed Clark is their Adopt-A-Road coordinator. He informs me that their average age is 80 plus, and they have one gentleman of 92. CHAIRMAN HALAS: Isn't that amazing. MS. LEE: They pick up litter on a three-week basis instead of a month. The award will be accepted by Ed Clark. (Applause.) CHAIRMAN HENNING: Thank you. Turn around and we'll get a picture. Are we going to count backwards? MR. CLARK: Our 92-year-old assistant is sitting back there Page 20 January 28,2003 with us. CHAIRMAN HENNING: Sir, you can go to the podium, please, if you'd like to say something. MR. CLARK: I'm very pleased to tell you that one of our workers is 92 years old, Dr. Ben Krantz. Ben, please stand. (Applause.) MR. CLARK: In addition to his work for us, he also is still practicing medicine and goes down to the Friendship House every week. CHAIRMAN HENNING: Good for him. MR. CLARK: An ideal citizen. CHAIRMAN HENNING: Yes, we do thank you. (Applause.) MS. LEE: The experts state that clean streets, free from litter, reduce the crime in the area. The Collier County Sheriffs Department in Immokalee obviously supports this supposition, because not only do they sponsor two roads in Immokalee, but they also assist Immokalee residents, outlying areas like Copeland in their encompassing cleanup efforts. This award will be accepted by Lieutenant Mark Baker and Nancy Reed. (Applause.) CHAIRMAN HENNING: Well, congratulations. COMMISSIONER FIALA: Thank you so much for all your work. CHAIRMAN HENNING: Do you have enough volunteers? COMMISSIONER FIALA: They've seen a lot of those cleanups, haven't they? MR. MUDD: Before you leave, can I get you to just get a picture? (Applause.) MS. LEE: The increasing amount of traffic on -- MR. BAKER: Ms. Lee, just one second. Page 21 January 28,2003 I'd like to thank the commissioners and the board as well as the -- on behalf of Sheriff Hunter thanking the Department of Transportation Services for recognizing the Immokalee substation as well as the sheriff's office in their committed effort to improving the quality of life, especially to the residents of Immokalee. As Commissioner Coletta knows, the community has been partnering with businesses. Government businessmen have gotten together along with the government and the community as far as trying to improve the quality of life for the residents, and I thank you. CHAIRMAN HENNING: And your name for the record? MR. BAKER: It's Mark Baker. CHAIRMAN HENNING: Thank you. MR. BAKER: Thank you. (Applause.) MS. LEE: The increasing amount of traffic on Immokalee Road has resulted in a big increase in the amount of litter; however, the portion of Immokalee Road one mile east and one mile west of highway 951 is visibly cleaner than most of Immokalee Road. This portion of roadway passes in front of Ray's Lawn and Garden who have sponsored the road since 1993 and takes pride in reducing the litter. Ray Pelletier is here to accept the award. (Applause. ) COMMISSIONER FIALA: Since 1993, that's perseverance. CHAIRMAN HENNING: Thanks, Ray. Good to see you agaIn. COMMISSIONER COYLE: Thank you. CHAIRMAN HENNING: Just turn around for a picture. Thank you. (Applause.) MS. LEE: One of the principal reasons for the existence of Naples Nights (sic) Lions Club is service. They provide service in Page 22 January 28,2003 many areas, but they've faithfully picked up litter along Santa Barbara Boulevard from Radio Road to Davis since 1994. We recognize their dedication. The award is being accepted by William Arthur, their Adopt-A-Road chair. (Applause.) CHAIRMAN HENNING: I dropped a five-dollar bill out there somewhere on the road. MR. ARTHUR: What? CHAIRMAN HENNING: On the road, I dropped a five dollar bill out there. COMMISSIONER COLETTA: Can I get a cheeseburger, please? (Applause.) MS. LEE: Since the inception of the Adopt-A-Road Program in Collier County in 1991, Global Title Company has been the sponsor of Goodlette- Frank Road from Golden Gate Parkway to Creech Road. The appearance of this particular section of the roadway speaks to their dedicated efforts. The award was going to be accepted by one of their volunteers, Jennifer Pell, but unfortunately she has sent a message at the last minute. She's having car trouble and can't get here. Instead, the award will be accepted by Tessie Sillery on behalf of Global Title Company. (Applause. ) CHAIRMAN HENNING: Great service, thank you. (Applause.) MS. LEE: Now, the top sponsor of the year is Singenta (phonetic) Seeds. Since 1994, they have kept Greenway Road off of u.S. 41 in East Naples comparatively free of litter. The company has changed its name a couple of times in past years but has not changed its dedication to the Adopt-A-Road Program. The award is being accepted by Dan Howard, office manager. Page 23 January 28,2003 (Applause.) COMMISSIONER FIALA: So it's you we owe all this thanks to, huh? COMMISSIONER HALAS: Congratulations. (Applause.) MS. LEE: That concludes the presentations. CHAIRMAN HENNING: Well, thank you. That's a real pleasure to do these fun things. Item #5C GLENN PRICE RECOGNIZED BY THE FLORIDA AQUATIC PLANT MANAGEMENT SOCIETY AS THIS YEAR'S OUTSTANDING AQUATIC PLANT MANAGER OF THE YEAR =..EJ ,A Q UE...ERES.ENIE. The next fun thing that we have will be presented by Commissioner Fiala. I'm sorry, Commissioner Coyle. This is a presentation to one of our employees, and he will explain what it's all about. COMMISSIONER COYLE: And I'm pleased to present this plaque to Mr. Glenn Price. Would Glenn come up, please. Glenn is the Aquatic Plant manager for the road maintenance department of our transportation department. Glenn has been recognized -- if you'd turn around and face everybody while I tell them about you. Glenn has been recognized with the Aquatic Plant Manager of the Year Award for 2002 by the Florida Aquatic Plant Management Society. Glenn has been a Collier County employee for 19 years and has previously received a national award for his modification to a computerized spray system. The Florida Aquatic Plant Management Page 24 January 28, 2003 Society is dedicated to preserving Florida's Aquatic heritage as well as providing information and training to aquatic plant managers around Florida. The society provides an opportunity for government agencies to work with private sector aquatic plant managers in providing safe and effective aquatic plant control. Glenn, congratulations on this award and for a job well done. Thank you very much. (Applause.) COMMISSIONER FIALA: Thank you so much for all you do. COMMISSIONER HALAS: Thank you. CHAIRMAN HENNING: We just want to get a picture, if you don't mind. (Applause.) CHAIRMAN HENNING: Great. COMMISSIONER FIALA: The transportation guys are standing. That's nice. CHAIRMAN HENNING: That concludes the presentations. Item #6A PUBLIC PETITION REQUEST BY MR. KEN DRUM TO DISCUSS OVERALL PLAN FOR THE SANTA BARBARA The next I tem is item 6, public petitions. The first one is a petition by Mr. Ken Drum to discuss the overall extension of Santa Barbara. MR. DRUM: Good morning. COMMISSIONER FIALA: Good morning. MR. DRUM: My -- for the record, my name is Ken Drum. I'm representing the Lely Resort Task Force, which is a combination of Page 25 January 28,2003 two communities, Lely Resort and Parker's Hammock. The purpose of my petition today is to ask you to set aside some time in a future meeting to discuss a policy for the entire Santa Barbara roadway. Santa Barbara Boulevard and also Logan Boulevard, as it's called up north, is a different type of road compared to u.s. 41 or 951 or Airport, even Goodlette, in the fact that Santa Barbara cuts through residential communities. And in several places you have homeowners trying to back out of their driveways into traffic. You have on the south end a possible condemnation of homes in Parker's Hammock if Route C is used, and in Lely Resort you have a possibility of a six-lane highway where presently we have a 30 to 35 mile an hour speed limit with homes that are built quite close to the existing roadway. So what has happened in the past in our view is that the whole matter of what happens on Santa Barbara has been sort of a piecemeal approach. And as a result, every time there's a change, there's a running battle with the neighborhoods along Santa Barbara. So what we'd like to see is an overall approach to Santa Barbara with the recognition that it's a highway or roadway that goes through neighborhoods. Also some of the commercial districts, the property's quite close also to the roadway. There are two reasons for this, in summing up, and that is, obviously there's a safety issue, and no one in our community believes that you're going to construct a six -lane road and keep the speed limit at 25 miles an hour. You know, people just don't believe that. The other thing is, it's really hurting our property values. I know from a personal standpoint, in our community our houses have not increased the average percentage in the county, and one of the reasons for that is that buyers look at a road proj ection for the year 2020 or something like that that's put out by the transportation Page 26 January 28, 2003 department, and what they see is a road coming right through the middle of the community, and that scares away buyers. So the time, I think, to do it is now, to have an overall policy so every community understands what's going to happen along Santa Barbara so that the property values are not depressed, and so that in the future people can buy with confidence knowing what's going to happen. And like I said, I would hope you would set some time at a future meeting to discuss this and, perhaps, come out with a policy for not only Santa Barbara but, perhaps, some other roads that go through the middle of neighborhoods. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. I'm so glad you brought this to the forefront. This is something we've been -- we've been tossing back and forth now for a few years, and I know that the people in Parker's Hammock, for instance, have not known what to do with their homesites, whether they can sell them, whether they can't. The same with people in Lely Resort, and, of course, it's been hitting, in the last year, Logan Boulevard, same thing. And I think it's -- it's about time we do step forward and put together a policy for that particular roadway. Is it going to be a roadway or is it going to be a highway? And is it going to be four lanes? Is it going to be six lanes? And I don't know how we go about doing that, but it is time we do this so that we can give these people -- as Norm Feder said one time at one of these meetings he's been kind enough to attend with me, he said, we need to put closure to this thing. And that's exactly what Ken is asking for is closure. CHAIRMAN HENNING: Thank you. Commissioner Coyle? COMMISSIONER COYLE: I think it would benefit everyone, the staff and taxpayers included, to decide upon a final route for everything we're going to do along that roadway and remove the Page 27 January 28, 2003 uncertainty. It certainly would make the staffs planning process a lot simpler if we were to indicate the route that we would approve. And while it might irritate some residents who don't want -- like that particular decision, it certainly will confine the debate to something that is known rather than a group of alternatives. So I don't know -- could I ask Mr. Mudd, if we can do that sometime soon, puts the staff in a position -- MR. MUDD: Mr. Chairman, Commissioners, I recommend that we do that at a workshop, because they can be lengthy, and this way it gets the opportunity for everybody to speak in that process. We can make it a full-day workshop if you want to. And I would suggest that we probably take another road segment and we talk about Livingston south at the same time, because right now it's drawing lots of controversy and you're getting emails, I'm getting emails, and we've had citizens study that with the citizen task group and we lay both of those roads out, and we finally layout an alignment, recommendations, and then get some board direction, and then we can bring it back to a future board meeting to set that policy. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I agree with the direction we're going on this thing. Leaving everybody in suspense as to what's going to happen next is not the answer. This keeps coming back to us in bits and pieces, and I don't like it. I don't like this continuous battle that takes place, because you're always going to have opposing sides at every issue. Let's get this up in front, let's come to an agreement. But let's also remember that if we do come to an agreement that we're going to move forward with six -laning and we are going to impact people's properties, that we come up with an equitable way to reimburse them for their serious losses. I mean, we've got to keep that in our mind at all times as we move forward through this process. Page 28 January 28,2003 CHAIRMAN HENNING: So are you saying you're in favor of having a workshop to look at the Santa Barbara alignment and also the Livingston south alignment? COMMISSIONER COLETTA: That's what I said in the first sentence, yeah. CHAIRMAN HENNING: Okay, great. Are you in favor of it, Commissioner Halas? COMMISSIONER HALAS: I'm also in favor, but I also feel that Lely Resort has got some obligations on this also. CHAIRMAN HENNING: Okay, great. Well, it sounds like we have some direction, County Manager. MR. MUDD: Yes, sir. CHAIRMAN HENNING: And if you would schedule to have a workshop on these two items, we would appreciate it. MR. MUDD: Yes, sir. CHAIRMAN HENNING: Thank you. Item #7 A ORDINANCE 2003-06, RE PETITION PUDA-2002-AR-2803, KAREN BISHOP OF PMS INC. OF NAPLES, REPRESENTING WALNUT LAKES LLC, REQUESTING AMENDMENT TO THE WALNUT LAKES PUD, LOCATED ON THE NORTH SIDE OF US-41 AND APPROXIMATELY 2.5 MILES EAST OF COLLIER Next item is 7(A), board of zoning appeals. First item is petition 2002-AR-2803. Karen Bishop ofPMS, Incorporated, of Naples, representing Walden (sic) Lakes, 1.1.c. Commissioners, I will ask a -- disclosures, this item, ex parte communications. COMMISSIONER HALAS: I have no dis -- anything to Page 29 January 28, 2003 disclose at this point. COMMISSIONER FIALA: Nothing. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Other than talking to traffic, I have no disclosures. COMMISSIONER COYLE: No disclosures. CHAIRMAN HENNING: I have talked to staff on this item. COMMISSIONER COYLE: So it's all over. MS. BISHOP: Am I done? COMMISSIONER COYLE: Yes, you're finished. CHAIRMAN HENNING: Ifwe could have -- MR. MUDD: Mr. Chairman, I'd like to -- I'd like to change the way we do business when we do seven and eight. And it's okay, Karen, you're going to sit there for just -- you're going to be there for at bit. We normally start with staff, and it leads -- and I think it gives a false impression to the public that our staff is a proponent for the particular petition, and that's not the case. The petitioner sits right there. And I would like to start with the petitioner who's petitioning the board. And then if you ask staff, does it follow the Land Development Code or the Growth Management Plan or those particular things, they're standing ready in order to answer those questions for you. But I'd like to set the record straight. The staff is not the proponent for these particular items. There's a petitioner that comes in and asks for a particular item. And, Mr. Chairman, with your -- with your consent, I'd like to start with the petitioner petitioning the board, and then having the staff there as backup for our Land Development Code and the Growth Management Plan. CHAIRMAN HENNING: Well, this is the commissioner's Page 30 January 28, 2003 meeting, so I'm going to poll my colleagues. Commissioner Halas, are you in favor? COMMISSIONER HALAS: I'm in favor of it. COMMISSIONER FIALA: Absolutely, much needed. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Let it roll. COMMISSIONER COYLE: Sure. CHAIRMAN HENNING: Okay. Ms. Bishop, you're up. MS. BISHOP: I love being the guinea pig. Thanks so much. Good morning, Karen Bishop, agent for the petitioner. This is an existing PUD, 612 units. It was platted probably 20, 25 years ago as a mobile home subdivision at one point. My clients took it over, we turned it into a PUD, we were going to build a golf course community. Changes in marketing and changes in the -- you know, I think 9/11 has had a lot to do with what people are buying these days. So we have a new marketing strategy. We're getting rid of our golf course and we are requesting -- so we're requesting to remove our golf course and requesting to lessen our setbacks to the kind of product that seems to be selling more here in Collier County, the Pebblebrooke product, the Indigo Lake's products, you know, those kinds where you have a little lesser setbacks. Five foot is what we have in Pebblebrooke, which has worked out very nicely. We're pretty much sold out there now. I think there's only a couple homes that aren't completed. The same with Indigo Lakes, and those projects like that. So these are the things that we're looking for on this particular change to this PUD. That really is it. There isn't any other thing. We just -- dropping the golf course and lessening our setbacks to create the product that we're looking to sell at Indigo and Pebblebrooke. And I have a cold, so -- if I sound weird. CHAIRMAN HENNING: We promise we won't get close to Page 3 1 January 28, 2003 you, but -- MS. BISHOP: Good idea. I feel horrible. CHAIRMAN HENNING: -- Commissioner Fiala has a question for you. MS. BISHOP: Yes, ma'am. COMMISSIONER FIALA: I've never seen Indigo Lakes or Pebblebrooke, so I know you're referencing them, but I can't compare them because I don't know what we're talking about. Is there a way for you to -- I mean, I can't see if you're eliminating the golf course why you would need these setbacks, but -- MS. BISHOP: It's the bang for your buck. I mean, when I bought my lot in Pebblebrooke, as well as anyone else, you're paying top dollar for the land. There's no such thing as cheap land anymore. And so you look to put -- I wanted as much house as I could get on that lot, because -- you know, I chose Pebblebrooke because of its location to schools and the type of people that were going to live there, families themselves, and I wanted more house than I did yard in the big scheme of things, so -- COMMISSIONER FIALA: So what you're -- what you're saying is, the reason you're asking for these setbacks is so that you can build a larger house? MS. BISHOP: Well, I guess in terms -- the larger house for your -- on that lot would be an appropriate way to look at it. But when we say larger house, I'm not talking about like what's been-- you know, taking an existing subdivision, like let's use the example of Downtown Naples where you have an existing subdivision with existing criteria and then people are tearing down those little houses and building these mega houses. That isn't the case. COMMISSIONER FIALA: No. I just wondered -- because somewhere in this stuff that we received, it said something about minimum square footage, 1,000 feet, and I thought, that's pretty tiny. MS. BISHOP: Well -- and I can tell you that the chances of Page 32 January 28, 2003 anyone building those are probably pretty minimal, but that's a standard minimal size of square footage in a PUD in general. That's the minimum. Sometimes I see 1200, but most of these subdivisions, they're -- they start around 1500 and go up to about 25. My house, I think, is right at 2900 square feet, so -- I think some of the ones in Pebblebrooke actually get up to 3200 square foot. Indigo the same. Some of them are two stories. Mine's one story. COMMISSIONER FIALA: So-- MS. BISHOP: So it's a mix of a -- it's kind of like your subdivision, just with a -- newer type of designs. You know in Lakewood how you have the subdivisions right next to each other, or houses right next to each other? This is more of a -- I want to say more of a clustering type of mentality like you'd see in Pelican Bay or Windstar or, you know, some of these other upscale neighborhoods where they have a little less side yard setbacks, and you still have sidewalks, your front yards, you still have back yards, you still -- we have big recreational facilities for the kids. As a matter of fact, we have sidewalks on both sides. So we still have all those normal things that you would find, you know, that brings you the intimacy of a neighborhood there. We just have the houses a little bit closer together. Y .? es, SIr. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. I have couple -- a question. We've got some documentation here, and it's kind of confusing. I look at attachment D and I look at attachment D-1. I'm trying to decide what your plan is here. Is it -- and it's page 13 and 14. MS. BISHOP: Okay. COMMISSIONER HALAS: And I'm trying to find out what you're really proposing here. MS. BISHOP: D-1 is the existing that we're getting rid of, Page 33 January 28, 2003 which had a golf course layout on it. COMMISSIONER HALAS: Okay. And what's attachment D, which is page 13? MS. BISHOP: D would be the new subdivision layout. COMMISSIONER HALAS: Okay. MS. BISHOP: And now there's an existing lake. I know I have __ hold on a second. I have a drawing for you -- right there. COMMISSIONER HALAS: Okay. You're looking at-- you've got 204 acres here, and I think your game plan here is to have 612 residents; is that correct? MS. BISHOP: That's what it's zoned for, existing zoning. COMMISSIONER HALAS: Okay. And then we've got also some assisted living homes that are going to be here also. MS. BISHOP: Well, they may not. I mean, it's -- COMMISSIONER HALAS: Well-- MS. BISHOP: -- up to our -- whoever develops this, if they choose to, then we have a ratio. If you build this kind of product, here's what it is. But from what I'm understanding at this point, the current marketing doesn't show that as something that they're going to build. COMMISSIONER HALAS: But you -- in the documentation there was something stated that you're going to use a floor area ratio of .45 or .54. MS. BISHOP: That's -- it's .45, and that's the county regulations. COMMISSIONER HALAS: Okay. So what are we talking as far as density goes per acre if you use a floor area ratio of .45? MS. BISHOP: Well, I know that I've personally been confused by these floor area ratios for a long time. CHAIRMAN HENNING: Mr. Nino's here. Maybe he can explain it to us. COMMISSION HALAS: Yeah. I-- Page 34 January 28, 2003 MS. BISHOP: Well-- and, you know, when he explained to me, I wasn't any more clear with it. But I can tell you that what I think it equates to -- assisted living facility, if you look at the Marriott as an example, which is on Airport Road, that's .45 coverage, I think that when they were finished they probably had close to, you know, 18 units to the acre in that little bit of area. COMMISSIONER HALAS: And is this going to be in conjunction with the 612 units? MS. BISHOP: No, sir. What we have to do is, for each acre of ACLF we use, we have to remove three units from the subdivision to apply to utilize that. COMMISSIONER HALAS: That's correct. But if you use the floor area ratio, then you're looking at bringing up the density per acre. It could be as high as maybe 27 units per acre. MR. SAUNDRY: Karen? MS. BISHOP: Excuse me. MR. SAUNDRY: May I speak, please? MS. BISHOP: You need to come up here, Ken, and do this. Excuse me. This is Ken Saundry. He's the owner. MR. SAUNDRY: Pardon me, Mr. Halas. I'm Ken Saundry. We're the owners of record of the property. I don't want to make your meeting go longer. I want to make your meeting go shorter. And there might be something that could clear this up right now. The contract purchaser for this property doesn't want to have ACLF on the site at all. So it would be agreeable to us to drop it from your petition. That's why I didn't want you to go along discussing a long time on something that's not necessary for our use. COMMISSIONER HALAS: Can we have that taken out -- MR. SAUNDRY: Yes, sir. COMMISSIONER HALAS: -- so that we eliminate the density out there? Page 35 January 28, 2003 MR. SAUNDRY: Well, we take the ACLF off. We don't want to drop the density of the whole PUD. COMMISSIONER HALAS: Well, the density would be -- hold it, because -- THE COURT REPORTER: Excuse me. CHAIRMAN HENNING: Commissioner, let me clarify this. MR. SAUNDRY: Yes, sir. CHAIRMAN HENNING: When this came before the board, I think, in 2001, it was determined that ALF, that we -- that's not part of the equation in the density, because they have some kind of sovereign immunity from that. Am I correct on that, Mr. Weigel? MR. WEIGEL: I don't think I'd use that term. But the ACLF, in the context of this discussion, is, if it were to be utilized, it brings some density benefits or bonuses to the developer to increase density, and if the ACLF is not utilized, then the property does not receive additional density capabilities. Is that not correct? MR. SAUNDRY: That's agreeable to us, because we don't need that bonus because we don't need the ACLF component. We no longer need it. It was in the original PUD, that is correct. But to serve this contract purchaser in the development scheme he wants, we don't need it. So what I don't want to do is belabor your discussion and go into all the ratios and the conversion factors. We could drop it -- we could drop it from the PUD right now and save us a lot of discussions and ratios and things like that. CHAIRMAN HENNING: Right. MR. SAUNDRY: That's what I want you to understand. I want this job to be simpler for you, not harder. CHAIRMAN HENNING: Well, thank you. I'm glad somebody feels that way. MR. SAUNDRY: Thank you. CHAIRMAN HENNING: Commissioner Halas, you can continue, please. Page 36 January 28,2003 COMMISSIONER HALAS: Yes. So then, therefore, we're going to drop that portion of the PUD of the ALFs, okay. I've got some other questions here. I've got a ton of questions, in fact. In the -- on page 29, you say detailed description of the proposed changes and the reason for the changes. On-- MS. BISHOP: I don't have page 29. COMMISSIONER HALAS: Yeah. This is what was given us in the documentation. MS. BISHOP: Right. But your staff -- what your package is and what I get from staff are not the same thing. COMMISSIONER HALAS: Okay. MS. BISHOP: So you'll have to bear with me, because my pages are numbered different. COMMISSIONER HALAS: Well, it deals with detailed -- the top of the page says, detailed descriptions of proposed changes and reason for changes. And-- MS. BISHOP: I don't have it here. COMMISSIONER HALAS: In number 5 it says, revision to maximum building height for ALF and multi-family. And I know we're going to drop the ALF, but I'm looking at multi-family. To acknowledge the ability to do three-story buildings, which is achievable under the current regulations but which regulations affect our marketing indicators that call for nine and 10-foot-story heights. MS. BISHOP: Right. COMMISSIONER HALAS: The current regulation is 35 foot. Is the 10 -- nine to 10-foot-story heights, is that measured inside the building or outside the building? Is this the actual ceiling heights then or -- MS. BISHOP: Right. So what we're saying is, it used to be everyone used to build floor -- you know, your ceiling heights were like six feet to seven foot. Now everybody's doing 10. I have Page 37 January 28, 2003 12- foot in my house. So what we're saying is, now that -- for the marketing, because of the changes in design, and people want higher ceilings now, our three-story building can't fit in 35 feet. It has to be 50 to allow for the heights. It's still three stories, but we need the higher -- so that we can be marketable with the other projects around us. COMMISSIONER HALAS: So you're saying now these homes are going to be at least 50 feet high? MS. BISHOP: The multi-family itself, not the -- not the single-family, just the multi-family. COMMISSIONER HALAS: Now, is the multi-family going to have elevators in it also? MS. BISHOP: If it's three stories, it has to by code. COMMISSIONER HALAS: Okay. So then we have elevator shafts protruding up through that then? MS. BISHOP: Well, they'd be a part of the building. I mean, I've not seen the designs. Some people make them internal, some people make them external, but they're still a part of the design. They wouldn't be any taller than the -- actually the -- obviously the shaft is not any taller than the roof of the building. COMMISSIONER HALAS: Well, what would you say the overall height is going to be? What I'm -- MS. BISHOP: Fifty. COMMISSIONER HALAS: The overall height -- MS. BISHOP: Yes, sir. COMMISSIONER HALAS: -- from the ground -- MS. BISHOP: The ground. COMMISSIONER HALAS: -- level to the very top -- MS. BISHOP: Yes, sir. COMMISSIONER HALAS: -- is going to be 50 feet? MS. BISHOP: Fifty feet. COMMISSIONER HALAS: The reason I'm asking -- Page 38 January 28, 2003 THE COURT REPORTER: You need to let him finish. COMMISSIONER HALAS: Oh, I'm sorry, I'm sorry. CHAIRMAN HENNING: You need to talk slow like Mr. Henning. COMMISSIONER HALAS: Okay. The reason I'm asking you these questions is because that is a very -- kind of a low profile area at the present time, and we're trying to eliminate high-profile buildings out in that area -- MS. BISHOP: Right. COMMISSIONER HALAS: -- okay, to conform with the rest of the area there, so that's why I'm asking you these questions that -- what the height of this is going to be. And since we've already made a determination that the ALF portion of this is going to be eliminated -- because I was very concerned about where we were going with the heights out there, okay. Now, in the -- with the advent of removing all of this area out there where the lakes are, that's why you're proposing that we eliminate the side yard setbacks from 10 feet, I believe, to six feet; is that correct? MS. BISHOP: Well, it's not so much because of the lakes. It's because of the -- you know, you're -- what you're looking for. I mean, keep in mind, density is a combination of the different types of products that you put in. So if you want more single-family, then you will have -- you have to make up the difference -- since single- family takes up more land, you'll have to use multi-family -- you know, more multi-family if you use more single-family. Less single-family, less multi-family. That's how that kind of works. So in the case -- it's the product that is running our request. The product that the client wants to sell is the specific product that has been successful in Collier County all over the county and has almost become kind of the standard of what people are looking for. Page 39 January 28, 2003 Earlier the other -- the first application we submitted we had a higher end product available. Unfortunately the market is not going in that direction, so the people that want to build here are building what sells, which is what's selling in Pebblebrooke, what's selling Indigo, what's selling in Laurel Lakes, what's selling in Saturnia, which is these closer setbacks to allow, you know, the regular person to have more bang for their buck in their yard, which is what I did. I wanted -- I could only afford so much lot. I wanted to utilize every bit that I had, so that's what that's about. COMMISSIONER HALAS: Okay. Then what is the rear yard setback? In here -- I read in here where it's going to start off at 50 if you're there first, but then if you increase your development, then the 50-foot setback in the back yard doesn't -- MS. BISHOP: First of all, I'm lost at where you see 50-foot setback, but I'm going to tell you that -- keep in mind that your perimeter buffers are outside of any of these setbacks. So we have perimeter buffers first, so anyone that has a yard on the outside of the perimeter buffer, you've got that buffer, then -- and then you have your setback from your property line. So even if your setback from your property line was 20 feet, if you've got -- and actually most of ours are going to be a little more than that. But if you're -- excuse me. We have 20- foot for single-family detached. So if you have 20- foot, then you've got a 50-foot buffer that goes completely around the proj ect that has trees and hedges, so the internal setbacks is where you're looking at -- if you've got a -- back to back lots, each house would have 20-foot back to back, there'd be 40-foot in between buildings, essentially, is what you would see there. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Commissioner Halas, I see you're trying to search for -- COMMISSIONER HALAS: Yeah. Page 40 January 28, 2003 CHAIRMAN HENNING: -- what you marked. Why don't we go to Commissioner Coyle, and we'll come back to you later. COMMISSIONER HALAS: Yep. CHAIRMAN HENNING: Thank you. Commissioner? COMMISSIONER COYLE: Thank you. I would like to direct my questions to the staff just to get some clarifications on a few things. Number one, will the floor area ratio apply to multi-story single-family -- or multi-story residential units? MR. SCHNEIDER: Don Schneider with planning services, Commissioner. Can you please state that question again? COMMISSIONER COYLE: The floor area ratio of .45 is specifically stated to apply for a assisted living facilities. My question is, will it also apply to multi-family or multi-residential units? MR. SCHNEIDER: No. COMMISSIONER COYLE: No, it will not, okay. MR. SCHNEIDER: In my judgment, it just applies to assisted living facilities. COMMISSIONER COYLE: And so we'll use our density rating per acre for the multi-family residences, okay. MR. SCHNEIDER: That's correct, yes. COMMISSIONER COYLE: Now, with respect to the building height maximum of 50 feet, what setbacks will be appropriate for those 50-foot tall buildings? MR. SCHNEIDER: We have setbacks in the table one here for the -- those particular dwellings. Maximum height of 50 feet, but our setbacks, side yard, is point -- or half the building height but not less than 15 feet. This is for multi-family dwelling. Rear yard is the building height and not less than 20 feet. Page 41 January 28, 2003 So minimums there would be 15 feet and 20 feet for side yard and rear yard. COMMISSIONER COYLE: Are those -- are those standard code requirements or have we varied from those? MR. SCHNEIDER: I don't believe we've varied from those, no, sir. I think those are standard, and -- I can -- MS. BISHOP: They are. MR. SCHNEIDER: I can check that to be certain, but I -- COMMISSIONER COYLE: Okay. MR. SCHNEIDER: I believe they are LDC standards. COMMISSIONER COYLE: Okay. So we're not likely to have a three-story building with a setback of six feet? MS. BISHOP: No. MR. SCHNEIDER: No. No, no, that won't be the case. COMMISSIONER COYLE: Okay. MS. BISHOP: And if I may, zoning codes are one measure of regulation. Building codes is the second. So regardless of what my zoning allows, the building department, if my building construction meets a certain criteria, then I get to have these setbacks. If it does not, I may have to have larger setbacks just based on fire codes. So I don't know if you guys are aware of that, but this is just one level of criteria. There's a whole different level when you get into actually building your building and submitting it for permit. The fire department can say, sorry, we want your buildings farther apart unless you do A, B, or C, sprinkle, less windows. CHAIRMAN HENNING: Ms. Bishop? MS. BISHOP: Yes. CHAIRMAN HENNING: Commissioner Coyle has another question. MS. BISHOP: Okay. COMMISSIONER COYLE: Yeah. Let me follow up on the other question with respect to outside boundary setbacks. Page 42 January 28, 2003 Explain to me what the outside boundary setbacks are for this particular development. MR. SCHNEIDER: Well, the outside boundary setbacks would be the normal perimeter buffers that adjoin the property lines. And in this case, it depends on what's next door. In other words -- COMMISSIONER COYLE: Okay. Let's suppose we've got a multi-family building there. MR. SCHNEIDER: A multi-family building, I think you would probably see our A buffer, if I'm not mistaken. And perhaps Ray can help me with this too. But that would be our maximum distance buffering between, say, the neighbors and the multi-family structure, which would be -- COMMISSIONER COYLE: Okay. But -- okay. Can you give me a figure? MR. SCHNEIDER: I believe it's 15 feet, and I would have to go to my LDC code. COMMISSIONER COYLE: Okay. Fifteen feet plus -- COMMISSIONER HALAS: Yeah. COMMISSIONER COYLE: -- the setback that would be allowed for that particular structure? MR. SCHNEIDER: Yes. The buffer comes first, 15 feet, and then there's -- COMMISSIONER COYLE: Then there's a setback for the -- MR. SCHNEIDER: Yes, sir. COMMISSIONER COYLE: So that's what we're talking about, right? MR. SCHNEIDER: I believe that's correct. Am I right, Ray? MR. BELLOWS: No. The setbacks are measured from the property line. The buffer is within that. So you don't measure the setbacks from the buffer. You measure them from the property line. COMMISSIONER COYLE: From the property line. MR. BELLOWS: Yeah. Page 43 January 28,2003 COMMISSIONER COYLE: So we could have a building built six feet from a property line if we approve these variances -- or these changes? MR. BELLOWS: No, because you can't build within the buffer. The buffer is -- COMMISSIONER COYLE: Okay. The buffer prevails. It's going to be 50 feet no matter what we do? MR. BELLOWS: Whatever it says in the PUD for a buffer. COMMISSIONER COYLE: Okay. Now-- MR. BELLOWS: And they do vary by the adjacent land uses. The Land Development Code has a matrix. And depending what the adjacent land use is, the buffer may vary. COMMISSIONER COYLE: Well, you -- see, here's my problem. Suppose the current adjacent land use is agricultural. MR. BELLOWS: Okay. COMMISSIONER COYLE: And we know it's not going to stay agricultural. MR. BELLOWS: That's correct. COMMISSIONER COYLE: And it's rezoned to residential. Have we created a situation where the buildings are -- the developments are built too close together? MR. BELLOWS: No. The county -- the way the matrix was anticipated is that the first one in sets the standard for that proj ect. Then as subsequent rezones come in, they have to comply with the increased setback requirements for being adjacent to an existing residential development. So the newer proj ects as they come on through the rezone process, they're the ones that have to provide the bigger buffer. COMMISSIONER COYLE: Okay. Now, one final question, then I'll be finished, and I guess it's a question to both the petitioner and to the staff. The requirement that there be 60 percent green space in the Page 44 January 28, 2003 development -- what we've been trying to do with PUDs is to get a little more specificity with respect to the PUDs rather than less. Does it, in any way, concern you with respect to your ability to assure that the 60 percent green space is provided, that you won't have a plan prior to the issuance of the first, what is it, 300 dwelling units? MR. BELLOWS: Yes. I think I understand your question, and it's typical for all PUDs that have -- or any zoning district for that matter -- where there is a specified open space requirement. The language says that they have to comply with that in the PUD. And the reason we don't go into more detail in showing it on the master plan per se is because in 90 percent of the cases or more there's no actual development plan to -- for staff to review to determine where the best areas for open space are to be done. So the petitioner subsequently, when they file their site development plans, or preliminary subdivision plats, our staff looks at the open space requirements there. And this particular PUD has gone a step further than most PUDs. They have a little more detailed information that they guarantee that they will meet the 60 percent open space, that they demonstrate that -- that they meet that intent at the time of site development plan. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: Did you get your question answered on the side yard setbacks, and I think it was the rear yard setbacks? COMMISSIONER COYLE: Either, the boundaries. MR. BELLOWS: Yeah, the boundaries -- COMMISSIONER COYLE: The boundaries are the ones I was concerned about, and yes, I did -- I did get my question answered. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: But I think it props a future concern about whether or not we want to change the process. But, Page 45 January 28, 2003 nevertheless, I understand how it works. CHAIRMAN HENNING: Thank you. Commissioner Halas? COMMISSIONER HALAS: Okay. I found -- it's in the wording. And this is in section 4, paragraph 4.3, and it's under B. It says, buildings shall be -- shall be set back a minimum of 50 feet from any abutting single-family lot line or multi-family development tract abutting any existing external residential district. Is there anything wrong if we take out the existing -- remove just the word existing and have it abutting any external residential district? MS. BISHOP: Well, keeping in mind that this is my club facilities, and this is my internal club stuff. That section 4 is under the common area plan. So what we're talking about here is my clubhouse and any maintenance facilities. So I'm going to suggest to you that if it -- we were talking external, I could understand, but we're talking internal, and the clubhouse needs to be in close proximity and is not a negative to the project. It is a positive. Fifty feet from the existing residential would be -- I'm guessing would be totally surrounded by existing residential, but -- COMMISSIONER HALAS: But it doesn't specify specifically the clubhouse. It just says, development regulations. MS. BISHOP: Well, it says for the common area, and what that has to do is -- your -- you know, and actually, I guess, it does say clubhouse meeting rooms, shuffleboard courts, small docks and piers. I mean, I don't want my shuffleboard court 50 feet away from my residence. Then we're having -- we're not utilizing our land well when I can have -- anything I call a rec. facility then has to be 50 feet away. I don't know how that's going to be. COMMISSIONER HALAS: But the problem is, you could interpret this to say -- we ought to specify the clubhouse then, because the way this is written, if somebody has a home built, then Page 46 January 28, 2003 you could build another home and not have the 50-foot setback. MS. BISHOP: No. But if you're looking at a little -- a little obelisk, a building that you put in between shuffleboard courts and tennis courts, now that has to be 50 feet away from a residential building. COMMISSIONER HALAS: I need some help in -- MR. BELLOWS: I think we can say the principal structure, that they have a 50-foot setback, and any accessory structures -- MS. BISHOP: Can be less. MR. BELLOWS: Yes. MS. BISHOP: That would be fine. I don't think that the clubhouse -- that would be fine. COMMISSIONER HALAS: Can we put that in there, and-- okay. And I have one other. In the engineering portion, in -- I believe under engineering it says, prior to development you have, platting of the property will be required. Could we put in there, consistent with the master plan, add that to the wording? MR. BELLOWS: Yes. COMMISSIONER HALAS: It's not in there. MR. BELLOWS: They would have to do that anyways. MS. BISHOP: Right. That's kind of without being said. You have to do that. If I make a substantial change to my design and it does not match my master plan, I have to trot back up here to you guys, say, I've changed my plan, and show you. COMMISSIONER HALAS: Okay. But it's not written in there. That's why I was asking. MS. BISHOP: That's fine. I don't care. That's fine. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Thank you. Two questions, please. First, is this property for sale right now? MS. BISHOP: No, actually -- well, the term for sale. We have Page 47 January 28, 2003 builders who are interested in this, and the builder is Engle Homes, which, you know, like in Pebblebrooke, there's five builders in there, and in Indigo there's four, I think, in there. This one's Engle. COMMISSIONER FIALA: Okay. And the second question is, does this reduced setback encourage a higher-end product? Let me -- let me tell you why I'm asking that question. This area is in desperate need of a higher-end product to begin to balance out the housing ratio in that area. And so I was just wondering if this will encourage that. MS. BISHOP: It is -- what we're looking to do is -- what seems to be selling all over the county is this kind of product. It's the -- that corridor, if you go along that Immokalee corridor, you see about four or five projects all with the same kind of product. The term higher-end -- ultimately you have a choice. In Pebblebrooke, I think the houses there start in the low 100's and go all the way up to, you know, just under 400,000. So you have this range of what would be considered work-force affordable in the low lOOts to, you know, the upper 3's to low 4's. So you're getting a diverse market there with these setbacks that gives the ability to spend more money on the land -- build a better house, you know, because now I can put a bigger house there. And it's based on your square footage. So if you're spending a hundred dollars a square foot, the more land you've got to put it on, the more money you're spending. COMMISSIONER COYLE: I'll try not to belabor this. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Okay. You know, I, too, am concerned about the setbacks. I mean, six feet between buildings is a really, really small area. And I have observed that the market is demanding more separation, more green space, quite frankly. But I'm not going to try to second guess the economics of your project. You know it better than I do. Page 48 January 28, 2003 But can you explain to me why, with the elimination of a golf course, that you need to reduce the setbacks between buildings when you're apparently dealing with the entire property? You're not going to build any more units. You're limited to 612 units. MS. BISHOP: Right. COMMISSIONER COYLE: So there's no increase in density. You're going to have -- have multi-family units. It appears to me that you're really not utilizing all of your property. So if you're not utilizing all of your property, why is there a need to jam it all up together? MS BISHOP: Well, let me see if I can try and unders -- explain this. First of all, there's -- MR. SAUNDRY: Wait. MS. BISHOP: Excuse me. Ken will, I guess, do this. MR. SAUNDRY: Commissioner Coyle, I'm the one that's dealing with the contract purchaser, so I -- CHAIRMAN HENNING: Your record for the name -- your name for the record? MR. SAUNDRY: My name is Ken Saundry, once again. When we changed our product from a golf course with multi-family buildings and we're going more low rise, you're spreading out the density that you've got across the land. You're not going up as much. You're spreading it across more, okay? That's why you've got more on the ground floor now, so you've got more density down there. That's why you have to have a -- certain size lots to get the number of units that you're zoned for. So that's -- but yet, we still have 60 percent open space requirement. If you're going to put 600 units on a 200-acre piece of property and 60 percent has to be open, you're going to put your units in the area that you're left to develop. So to get those units in there and have a certain number of lots, to get enough home on that lot, you have to look at what the setbacks are so that you look at what the Page 49 January 28,2003 rectangle is that will allow the homes. So that -- does that answer your question? COMMISSIONER COYLE: I think. MR. SAUNDRY: Well, you've got 60 percent open space out of 200 acres. COMMISSIONER COYLE: But part of the open space is really -- you're going to be using yards and setbacks for that; are you not? MS. BISHOP: Yes. What I was going to try to explain was that what we're talking about here is the difference between a proj ect that would have been considered maybe Quail Creek where we had a golf course and a lot more space. It was going to be a lot more upscale when we first were heading down this path. That isn't selling. That isn't going to work in this -- and not suggesting that maybe sometime in the future it wouldn't work, but it's just not working, and the economics for us to be able to move forward with our proj ect demands that we provide a product that will sell. What is selling -- and even though I hear what you're saying about the six foot setbacks, I just got to tell you, I live in a project like that. Now, I'm probably the only one in the whole subdivision who doesn't have a five-foot setback. I had more room. I was able to move mine. But every other one in there does, and I don't see that it's a negative. It's fine. There's like five kids per minimum household. It's a kid neighborhood. The projects all around us are literally the same criteria, and they are selling through the roof. I appreciate that if this was a public roadway and you were driving down it and you had all these things, that that might be something that might not be a positive for you, but this is a private subdivision that you have to come in a gate to, totally surrounded by buffers, that the only ones who are going to be affected by this setback are the people who choose to spend their money there. Page 50 January 28, 2003 If they want more setbacks, they'll go out to the estates and buy a big two-and-a-half acre piece of property and stick their house there. But they're choosing to come here because this is what's selling. And Engle Homes provides a top-of-the-line product that allows you to have the best bang for your buck, and so the setbacks are not diminishing the quality of this project. It's the people in there that make the proj ect. COMMISSIONER COYLE: Yeah, I understand that. Is it the staffs opinion that this is a common and accepted practice for other developments we have approved? MR. SCHNEIDER: Yes, sir, to date we have approved other developments. COMMISSIONER COYLE: And I would agree with you, that if you make a mistake, you're going to get punished financially because it won't sell. MS. BISHOP: Right. COMMISSIONER COYLE: So I'm not going to try to double guess or second guess your finances on this project. CHAIRMAN HENNING: Before we continue any further, as Commissioner Halas -- one thing I neglected to do is have everybody sworn in by the court reporter that's going to give and has given public testimony today. So if we can do that now, I would appreciate it. (The witnesses were sworn.) CHAIRMAN HENNING: And if I ask, Ms. Filson, do we have any public speakers on this item? MS. FILSON: No, sir. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I'm concerned about -- a little bit, still concerned, and I believe you when you say financially this is the thing that's selling. But if you -- I look at your diagram in attachment D, and if you eliminated some of the lake area, in other words, Page 51 January 28, 2003 maybe the width or whatever, then you could end up giving the people the side yard setback of 10 feet. Is this possible? It's still -- MS. BISHOP: Well, I mean, with all due respect, designing this subdivision -- COMMISSIONER HALAS: Seven feet? Let's say instead of seven feet? MS. BISHOP: Well, eliminating the lake eliminates the product. In other words amenity -- COMMISSIONER HALAS: Well, not eliminate the lake totally. I mean, you've got all this lake area from what I can see. MS. BISHOP: Right. But look right here. Part of it's already dug, just so you know. So filling in holes is not a cheap way to go. So we're utilizing a lot of the existing lake and making some changes to it. But amenitizing your product is what brings you that top dollar that Donna's looking for for her district. And eliminating lakes so that I can give more -- a little more setback does nothing to the bottom line of the project and does not help the person who's buying that lot. COMMISSIONER HALAS: Okay. So-- MS. BISHOP: They're still going to want, as even -- you know, they're still going to want as much as they possibly can get on there. We've identified what our market is, we've identified what our product is. And the amenitized version of this means that the majority of these people will have an amenity. Instead of the back-to-back lots like -- I lived in Golden Gate City for a long time, and you have a lot -- back-to-back lots there, less amenitized. And to keep that from happening, they've gone with this plan. COMMISSIONER HALAS: Okay. So what I'm looking at here on this Attachment D does not have any representation whatsoever to what the development's going to look like. MS. BISHOP: No, no. That is -- Page 52 January 28,2003 COMMISSIONER HALAS: Because if that's the case, you've got lake already dug there. MS. BISHOP: Right. That existing lake will have to be changed somewhat, as you can see. It's similar but a little bit different in the ground and that -- but this does represent what the site is going to look like, absolutely, or I'd be back here again with my plat. If it's not -- if there's a substantial change to this, I have to make a change to my master plan. COMMISSIONER HALAS: Okay. I have one other thing, and then that's -- that will be it. On page -- well, this is on type of development, tract S, because you said that the page numbers don't follow with what you have. MS. BISHOP: Tract S? COMMISSIONER HALAS: It's in regards to a whole complete paragraph that was added to this plan. And in here -- let's see if I can find it so it doesn't take up a lot of time. The current planning manager shall have the discretion to determine the increment of a hundred unit dwellings as added to equivalent amount of open space so as to be a disproportionate share of the open space requirement does not fall on the remaining developed tract. Instead of leaving this up to the staffs discretion, can we just put in there, you tell us what you want to do in that area? MS. BISHOP: Could you find that? Could you tell me where that is, first of all? I'm so sorry. I'm feeling a little ill today. COMMISSIONER HALAS: Okay. It's under section two. MS. BISHOP: Section two. I'm there, okay. COMMISSIONER HALAS: Okay. And it's under -- MS. BISHOP: Oh, pursuant -- COMMISSIONER HALAS: -- 2.3 and it's tract S, type of development. It's the whole paragraph, I believe, that you added to this. Page 53 January 28, 2003 MS. BISHOP: Yes. It's pursuant to the -- COMMISSIONER HALAS: Okay. To leave this up to the current planning people, and why not just -- or leave it up to staff discretion, and why not just eliminate staff discretion and basically put the responsibility onto you and you tell us what your plan is? MS. BISHOP: We added this based on staffs request. So tell me what you want, Don. I'll be glad to change it. COMMISSIONER HALAS: Oh, is that right, Don? MR. SCHNEIDER: That's correct, Commissioner Halas. COMMISSIONER HALAS: Okay. I stand to be corrected. MR. SCHNEIDER: This whole thing was added to help add clarity to this 60 percent. COMMISSIONER HALAS: Okay, okay. Thank you very much. I stand to be corrected. MS. BISHOP: That's okay. CHAIRMAN HENNING: Anything else, Commissioner? Anybody else? So Ms. Bishop, November of 200 1 you came before the board. So a little bit over a year we're coming to amend it, and you see all the abuse you're getting, so maybe we won't -- MS. BISHOP: I won't be back, I swear. They're building it. You will never see me again in -- for Walnut Lakes, I swear. CHAIRMAN HENNING: Mr. Schneider, do you want to -- do you have anything to add or you want to go through a presentation? MR. SCHNEIDER: Well, I would like to add that we've made a few minor corrections to the PUD document in addition to what was discussed here today, and these are mostly errors that we found, typo errors. And particularly in the transportation section there was one word that was left out that we'd like to insert, so we will make some changes like that to the final document. CHAIRMAN HENNING: Okay. Scrivener notes, errors are going to be corrected? Page 54 January 28, 2003 MR. SCHNEIDER: That's correct. CHAIRMAN HENNING: And nothing substantial? MR. SCHNEIDER: Nothing substantial. CHAIRMAN HENNING: Nothing that you want to get on the record? MR. SCHNEIDER: Nope, not really. CHAIRMAN HENNING: Okay. Any further questions before we close the public hearing for deliberations? COMMISSIONER COYLE: Just one brief question to clarify something. The petitioner has suggested we take out ALF. That's a change that you'll make, I presume? MR. SCHNEIDER: Yes. COMMISSIONER COYLE: And also the conversion factor for the ALFs would be removed, since there's not going to be any ALFs so-- , MR. SCHNEIDER: That's correct. MS. BISHOP: It's gone. COMMISSIONER COYLE: Is that what we're saying? MS. BISHOP: Yes, sir. COMMISSIONER COYLE: Okay. I just wanted clarification on that. Thank you. MS. BISHOP: And Commissioner Coyle, I want you to definitely look at that site plan and notice that there be no place -- I mean, we've got buffers all the way around -- preserve across that north half, existing beside us on the south, and that this is preserve land that's state (sic) on stat., so you're not going to see what you were worried about earlier, that somebody comes in, it's ago now, and comes in. We have totally buffered it, so whatever happens around us, they will not be impacted by our site. COMMISSIONER COYLE: Good. Thank you. MR. SCHNEIDER: Yes. Commissioner, rest assured that any Page 55 January 28, 2003 reference to an ALF will be taken from the PUD document. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Just one other que -- one last question. And there was a traffic impact study that was turned in on this? MS. BISHOP: Yes, sir. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: And the density is not changing. MS. BISHOP: There's no changing in the density so there would be no changes in the traffic from the original. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Correct. MS. BISHOP: Yes. Actually, you know, transportation did change saying that the county -- that the neighbors have to pay for the light. That was the only change. If there's a light warranted, we all have to chip in, instead of the county writing a check, which I thought was probably a good thing. CHAIRMAN HENNING: Commissioner Fiala has a question. COMMISSIONER FIALA: No question. I just wanted to say that the EAC recommended approval and the CCPC recommended approval, so I would like to -- CHAIRMAN HENNING: Before we do that, we'll close the public hearing. COMMISSIONER FIALA: Thank you. CHAIRMAN HENNING: You were about to make a motion; is that correct, Commissioner Fiala? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Okay. I'm closing the public hearing. Commissioner Fiala? COMMISSIONER FIALA: Yes. I'm sorry, Karen. MS. BISHOP: We didn't have to go to the EAC because there Page 56 January 28, 2003 was no changes in any of the environmental. Originally it was approved, yes, by the EAC. COMMISSIONER FIALA: Oh, I see, okay, on August 7th, 200l. MS. BISHOP: Yes, ma'am. COMMISSIONER FIALA: So I'd like to make a motion to approve. MR. WEIGEL: Okay. COMMISSIONER FIALA: As amended. MR. WEIGEL: Well-- CHAIRMAN HENNING: Mr. Weigel? MR. WEIGEL: I would like -- although staff has indicated that the ALFs and all that supporting language comes out, as well as petitioner, the motion should include the language about ALFs being removed, that your motion to approve is on the condition or with the conditions of the ALF -- all ALF language and provisions being removed and any further considerations that you have so that you have specificity in what the board actually approves, and not just referring to the record generally. COMMISSIONER FIALA: Very good. Okay, fine. I'm sorry. I stand to be corrected. And I'd like to amend my motion to include the elimination of the ALF from the document -- from the PUD, and all of the provisions that go with it. COMMISSIONER HALAS: And I second that. CHAIRMAN HENNING: Okay. There's a motion on the floor to approve with the amendments by Commissioner Fiala, seconded by Commissioner Halas. Any other discussion? Commissioner Coletta? COMMISSIONER COLETTA: (No verbal response.) Commissioner Coyle? COMMISSIONER COYLE: No. Page 57 January 28,2003 CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: (No verbal response.) CHAIRMAN HENNING: And Commissioner Halas? COMMISSIONER HALAS: (No verbal response.) CHAIRMAN HENNING: We're okay. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Thank you very much. Come back again when you want a little bit more abuse. MS. BISHOP: You know, I hate being the first up and the only one up because you guys have had two weeks just to look at my application. I don't like that. CHAIRMAN HENNING: Okay. Item #12B MEMORANDUM OF UNDERSTANDING WITH THE SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS, LOCAL 1826, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, INC. (EMS BARGAINING UNIT) FOR A THIRD YEAR WAGE ADJUSTMENT OF 2.9% RETROACTIVE TO NOVEMBER 1, 2001 FOR ALL BARGAINING UNIT EMPLOYEES AND A MERIT INCREASE OF 1.60/0 RETROACTIVE TO OCTOBER 1,2002 FOR ELIGIBLE FULL Page 58 January 28,2003 MR. MUDD: Mr. Chairman, that brings us to a time certain of 10:30. CHAIRMAN HENNING: Yes. MR. MUDD: And that's item 12(B). CHAIRMAN HENNING: Correct. MR. MUDD: Recommendation that the Board of County Commissioners approve and ratify a Memorandum of Understanding with the Southwest Florida Professional Firefighters, Local 1826, International Association of Firefighters, Inc. MR. PETTIT: Good morning, Commissioners. For the record, Mike Pettit, assistant county attorney. I was the spokesperson for the Labor Negotiating Committee that was involved in negotiating this Memorandum of Understanding, and I'm here to answer any questions you have. We endorse it as written and as attached. If you do choose to approve and ratify it today, we simply need to get original signatures from the union representative, and I'll have to sign it for legal sufficiency, and I do believe it's legally sufficient. And we'll submit it to the chairman. CHAIRMAN HENNING: Questions to staff? (N 0 response.) CHAIRMAN HENNING: No questions. Ms. Filson, do we have any public speakers? MS. FILSON: Yes, sir. We have one public speaker, Jim Brantley. MR. BRANTLEY: Commissioners, good morning. My name is Jim Brantley. I'm president of the Southwest Florida Professional Firefighters and Paramedics. I thank you for allowing me the opportunity to address you. Number one, it's good to be back in Collier County where homes of 100 to $400,000 are still referred to as affordable Page 59 January 28,2003 work-force housing. That's such a comfortable status to be headed into negotiations. CHAIRMAN HENNING: For your information, they're not affordable. We all know that. MR. SCHNEIDER: No. In the previous hearing, they were referred to as work-force affordable. I want to obviously urge ratification of the MOU. A lot of work went into this. We'd like to thank Mr. Pettit in particular for helping to kind of work through the mess we've gotten ourselves into in the last 18 months. We now have a clean slate essentially to work from as we move towards an entire collective bargaining agreement to be worked on. With that said, I approached this with cautious optimism in that if the negative air that has existed for the last 18 months is not corrected, I'm afraid we're going to end up in the same mess again. Nonetheless, as we stand here today with this ratification, this wipes a whole lot of issues off the table and allows us to move forward into this next year working on a collective bargaining agreement to replace the existing one, so we urge your ratification of this, and I thank you for your time. CHAIRMAN HENNING: Thank for being here. It's very important. And thanks for all your time that you've been working on this agreement. I know the Board of Commissioners individually, I'm sure, I know myself, has always checked in to see where we're at with that, and I want to thank the county manager's office for keeping this up to date. Any more discussion? Commissioner Coletta? COMMISSIONER COLETTA: Motion for approval. CHAIRMAN HENNING: Motion to approve -- COMMISSIONER COYLE: Second. CHAIRMAN HENNING: -- by Commissioner Coletta, and Page 60 January 28, 2003 seconded by Commissioner Coyle. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (N 0 response.) CHAIRMAN HENNING: Motion carries, 5,0. MR. PETTIT: Thank you, Commissioners. Item #9A RESOLUTION 2003-61, CONFIRMING BALLOTING DATE OF MARCH 7,2003 FOR THE RECOMMENDATION OF MEMBERS TO THE PELICAN BAY MSTBU ADIVSORY COMMITTEE BY RECORD TITLE OWNERS OF PROPERTY WITHIN PELICAN BAY - ADOEIED CHAIRMAN HENNING: Okay. Let's go back to our regular agenda, which would be the county commissioner's section of it, and the first item is -- COMMISSIONER FIALA: I think I'm next, aren't I, 9(A)? Or -- I'm sorry. CHAIRMAN HENNING: We're getting -- we're right at 9. We're just starting. COMMISSIONER FIALA: Oh, I'm sorry. CHAIRMAN HENNING: That's all right. Glad to have you back. The first item is to request the board to set a balloting date of recommendation of the members of the Pelican Bay MSTU (sic) Page 61 January 28,2003 Advisory Committee by recording title owners of property within Pelican Bay. COMMISSIONER FIALA: I'd like to make a motion that we set the balloting date as March 7, 2003, and direct the county attorney to prepare a resolution confirming the balloting date. COMMISSIONER HALAS: I'll second that. CHAIRMAN HENNING: There's a motion on the floor to set the balloting date by Commissioner Fiala, seconded by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (N 0 response.) CHAIRMAN HENNING: Motion carries, 5,0. Item #9B RESOLUTION 2003-62, REAPPOINTING WILLIAM E. ARTHUR, CHERYLE NEWMAN AND JAMES J. HENNICK TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE - A Dill.IED Appointment of members to the Golden Gate Community Center Advisory Committee. MS. FILSON: Mr. Chairman, I'm sorry. On this one, if you'll please waive section B of the ordinance. Mrs. Newman has served two terms. CHAIRMAN HENNING: How do you know that we're going Page 62 January 28, 2003 to appoint her to it? MS. FILSON: If she's appointed. I'm sorry. CHAIRMAN HENNING: Okay. MS. FILSON: I stand corrected. CHAIRMAN HENNING: I'll make a motion to approve the applicants and waive the section that Ms. Filson has just stated. COMMISSIONER FIALA: I'll second that. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: And seconded by Commissioner Coyle. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5,0. Item #9C RESOLUTION 2003-63, RE-APPOINTING JOSEPH MUMAW AND APPOINTING ALBIN A. KOZEL, JR., STEPHEN L. PRICE, JAMES C. RAY, JR. AND RICHARD SCHMIDT TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE - ADOEIED Appointment of members to the county -- Collier County Productivity Committee. COMMISSIONER COLETTA: Motion to approve the five that the committee recommended. Page 63 January 28, 2003 COMMISSIONER FIALA: Second that. CHAIRMAN HENNING: There's a motion to approve the productivity's recommendation to the BCC by Commissioner Coletta, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: All opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5,0. Item #9D RESOLUTION 2003-64 APPOINTING TONY BRANCO TO THE LEL Y GOLF ESTATES BEAUTIFICATION ADVISORY COMMITIEF, - ADillIED Appointment of members to the Lely Golf Estates Beautification Advisory Committee. It's the next item. COMMISSIONER FIALA: Yes. I'll make a motion to approve Tony Branco -- Branco, I think his name is pronounced -- as recommended by that committee. CHAIRMAN HENNING: There's a motion by Commissioner Fiala to appoint Tony Branco to the Golden -- or Lely Golf Estates Beautification -- COMMISSIONER COYLE: Second. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Second by Commissioner Coyle. All in favor of the motion, signify by saying aye. Page 64 January 28, 2003 COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (N 0 response.) CHAIRMAN HENNING: Motion carries. Item #9E DISCUSSION REGARDING ADDITION TO GOODLAND OVERLAY - SIGN ORDINANCE OVERLAY AND COMMERCIAL VEHICLE OVERLAY TO BE CONSIDERED DURING LAND DEVELOPMENT CODE AMENDMENTS (CONSENS-l IS) The next item, I think, is Commissioner Fiala's. COMMISSIONER FIALA: Yes, it is, thank you. Yes, there's no backup work, because I didn't give any to the county manager. And I've asked to bring this forward to you because it seems that there has been maybe some kind of a misunderstanding, or whatever. Many, many months ago, I was attending the Goodland Civic Association with the Goodlanders as they were -- as they were discussing creating a -- an overlay for Goodland. And, of course, their efforts were because they wanted to preserve Goodland as it's been as a tiny little fishing village instead of being carried into a different era, if you will. And as we were discussing, we discussed many things with regard to the signage there as well as to the way the vehicles are parked along the swales. This is -- their lots in Goodland, along with Page 65 January 28,2003 this overlay, have been preserved at, some of them, 25 feet wide. Well, at a 25- foot-wide lot, you really don't have anyplace to park your vehicle other than in the front of it. And somehow, as they were discussing this, some of these things didn't seem to actually appear in the -- in the overlay, and we didn't really realize that until recently, and so they -- I'm ask -- I've asked them to come forward, and I have Mike Barbush, who is the president of Goodland Civic Association, to come and present his concerns, and hopefully we can just modify this. CHAIRMAN HENNING: Commissioner Fiala, you're asking to amend the existing overlay? COMMISSIONER FIALA: Yes, I am. And I'm asking Mike to come up and talk to you to tell you the Goodland -- to give you the Goodland -- CHAIRMAN HENNING: Perspective. COMMISSIONER FIALA: Thank you. I needed that word, fellows. CHAIRMAN HENNING: That's all right. We'll get it out of you. COMMISSIONER FIALA: There you go. Just wind that key up. CHAIRMAN HENNING: So we'll go to public speakers, and I believe Commissioner Fiala would like Mr. Barbush to speak first. MS. FILSON : Yes. In fact, he's registered to speak first, Mr. Barbrush ( sic), Mike Barbrush. He will be followed by Connie Fullmer. MR. BARBUSH: Good morning, Commissioners. For the record, my name is Mike Barbush, and I'm the president of the Goodland Civic Association. Thank you for your consideration of this item. We are interested in adding two additional item or amendments to the existing Goodland overlay. The first item is to allow commercial Page 66 January 28, 2003 vehicles to park under homes and in swales. During the first meetings of the Goodland -- of the overlay, the Goodland Civic Association membership unanimously voted for this item. Somewhere between the final document submittal and the adoption of the overlay by commissioners, the commercial vehicle amendment was deleted. Well, we were unaware of this until a code enforcement action revealed the oversight. This case involves a long-time Goodland resident who has a tow truck parked under his large stilt home. Weare a working village, whether it be in construction, the service industry, or at sea. We have already laid the groundwork with the original overlay and request the assistance in adding the commercial vehicle amendment to the existing P -- existing overlay. Secondly, the Goodland Civic Association, in conjunction with the Goodland businesses is requesting a sign ordinance amendment to the overlay. The new sign ordinance is set to take effect February 1st. Back in February of 2002, we had the first of two meetings with Michelle Arnold, code enforcement officer, and Michelle Crowley, the code enforcement investigator. During these meetings with staff and business owners, it was agreed upon with the full support from the Goodland Civics Association, that all signs in Goodland would be grandfathered in. We understand the needs for the new sign code ordinance in shopping centers, strip malls, and the like in other parts of the county, but many signs in Goodland have been there for more than 20 years, and one for 40 years in the case of the Goodland fishhouse, Kirk's Fishhouse. There's also agreed that any kind of sign replaced or repaired, other than just painting the sign, would have to fall within the existing code. So at some point in time all the signs in Goodland will eventually become -- under the new existing -- or the new sign code Page 67 January 28,2003 enforcement. We would like to comply with the sign ordinance in this way. The look of the signs in Goodland is what we like because of the -- it adds to the character and with the community, and we ask your support in adding these two items to the Goodland overlay. I would like to thank Michelle Arnold and Michelle Crowley for their guidance in this matter, and I'd also like to thank Ray Bellows and his staff for all the hard work they did to get the overlay started. It took us about six or eight months of seven or eight meetings with our townfolk to get the overlay started. Where the commercial vehicle ordinance went during all this process, like I say, is a mystery to us. We had talked about having anything up to a semi tractor trailer to be able to park in your swale or at your house or anything like that. Again, these are all things that were voted unanimously by the civic association. We had two votes on this. And as recently as our past January meeting, I asked our membership again if they were still in favor of the sign ordinance overlay change and of the commercial vehicle overlay change, and unanimously all of our people in Goodland want to see the signs stay the same, and they want the commercial ordinance or the commercial vehicle parking put back in the overlay where it was at the beginning. CHAIRMAN HENNING: Jim Mudd, do you think we should __ the appropriate place to discuss the amendments or the overlay would be in tomorrow's workshop as far as the signs? MR. MUDD: We can discuss it with the signs, and I -- and I -- and the reason I got up and asked the question about what's in the overlay and what's not in the overlay, there was a survey that was done of all the residents when this overlay was done, okay, and we put in that overlay what the majority of the residents asked us to put into the overlay. Page 68 January 28, 2003 Now, if things have changed and the attitude of the residents have changed, then that's one thing. But let's make sure we understand something off the bat, because -- that's the question I asked because there was a statement that was made -- and I'm not saying Mike was wrong or not, but it caught my ear -- that basically said, well, the staff made a mistake. The staff didn't make a mistake with the current overlay, did not make a mistake in the current overlay. The major -- we went with the majority of the homeowners that were polled and asked, and they specifically asked about commercial vehicles and where they were parked. It was a close vote, okay? It was 69 versus 68, and there were nine that were -- nine percent that were -- didn't care. And so we went with the no commercial in the swale, and the same thing with the signs. And Ray Bellows has those statistics and the results of the poll in his hand. So if the board directs a Land Development Code change based on the change of attitude of the residents, then that is a Land Development Code change that they want. There's also a thing that needs to be addressed, and it's called funding of that Land Development Code change, and it's not a 113 expenditure at this particular juncture. So it's either going to be funded by the petitioner's request, and that's the Goodland Civic Association, or it's going to have to come out of the general fund. But I will say for the record, again, that the current overlay was a result of the survey of the residents at the time and was not a staff mistake, that it was overlooked as far as vehicle parking nor signs. So, sir, we can discuss this at tomorrow's workshop if you like. But if you so direct staff to do a Land Development Code, code change at the request of the Goodland Civic Association, then I'd also ask you to direct staff to figure out where we're going to get the money in order to do that, either the general fund or we ask the Page 69 January 28, 2003 petitioner to come up with those funds for the Land Development Code change. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: What would be the cost of -- for a change in the Land Development Code in case the people in Goodland would like to do this? The reason -- this is a real unique community, and I'd like -- I'd like to see it preserved as it is. Now, if these people are willing to come up with the expense of that specific Land Development Code change that pertains to their area -- Ray, can you give us -- MR. MUDD: Twelve hundred -- it's twelve hundred dollars for the fee, Commissioner, and that Land Development Code change will go through a series of hearings. You'll go through the planning commission, and then you'll also go in front of the Board of County Commissioners for that, so you'll have plenty of opportunity to get the input from everyone as far as those particular items are concerned. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. A question of David Weigel, if I may. MR. WEIGEL: Sure. COMMISSIONER COLETTA: Mr. Weigel, is it appropriate to be discussing items in a workshop without notifying the public ahead of time so we can get their input? I mean, 24 hours doesn't seem like a lot of notification. MR. WEIGEL: Well, the workshop is -- it generally gives some consensus of direction to staff to bring something back and/or provide the opportunity for public hearings in the future. I don't foresee that there's any legal question in regard to having an item discussed at the workshop at all. Anything from that workshop thereafter would probably follow in the processes of notification and legal advertisement and also potentially public Page 70 January 28,2003 petition or application process that might come from that. COMMISSIONER COLETTA: Thank you. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. Just a fast question, Ray. I've been working on the Bayshore overlay with the people on Bayshore, and they've had to modify it and they're increasing it and changing the lines. How come they didn't have to -- as they amended their overlay, they didn't have to come back and pay the dollars and change the Land Development Code, but how come Goodland has to? MR. BELLOWS: They're a little bit -- differences between the two. The Bayshore is part of a comprehensive plan that was created for the community. It's in the Growth Management Plan. This is just a zoning document that has an overlay section dealing with Goodland. It has no comprehensive plan equivalent. In that time the board directed staff to do the zoning overlay at no cost to the residents of Goodland. We've had a survey that was sent out, mailed out to the residents of Goodland. The responses of those surveys -- 152 were sent back to staff. And of those, where there was a clear majority of support, those changes were incorporated into the overlay. Now if there's a change in feeling among the community -- it's not clear to me that the Goodland Civic Association speaks for everybody in Goodland -- and, therefore, if they want the change, they should pay for it and go through the process as an association if __ unless the board directs us otherwise, we will be happy to process it. CHAIRMAN HENNING: Commissioner Halas, you have a question? COMMISSIONER HALAS: Yes, I have a question. What's the chances of -- in this overlay, just to call it a historical community? CHAIRMAN HENNING: Well, if we look in the Land Page 71 January 28, 2003 Development Code, it's identified as a fishing village. COMMISSIONER HALAS: It is? Okay. CHAIRMAN HENNING: Yes. MR. BELLOWS: The Land Development Code -- I have a map here that depicts it. COMMISSIONER HALAS: Just leave it as such, as a historical village. MR. BELLOWS: There are many zoning districts within Goodland. There's village residential, there's RSF-4, C-4, C-5, so there's no one set zoning district, and that's why the purpose of the overlay is to create a district that supersedes the specific requirements of each of those individual zoning districts, and, therefore, development would comply not only with, say, the C-5, but anything else in the overlay. Now, the issue with signs, I don't think staff has a problem with dealing with that as part of the workshop because the signs will be an issue there. The issue of commercial vehicles, that really wasn't addressed in any other venue except for the original overlay where we held about 15 meetings down in Goodland and -- along with mailing out the survey. So I'm not sure how that should be addressed. Maybe that should be workshopped also. COMMISSIONER HALAS: Can I just ask this -- MR. BARBUSH: Yes, sir. COMMISSIONER HALAS: -- Mike a question. When you're saying you want to park a semi truck in a swale or something, is this only to pertain on Sunday events that take place down there -- MR. BARBUSH: No, sir. Just to give you a little background about how -- what we're trying to do with the overlay, and I can appreciate what Ray says. And I don't have an argument with -- if he's got the documentation to prove that the vote went against the commercial ve -- I can understand that. Page 72 January 28, 2003 But the reason that we did the overlay was because, number one, most of our -- almost all of our lots in Goodland were nonconforming. Had we had a hurricane come through or any natural disaster, we would have had to come back up and get variances or whatever to rebuild exactly what we had in Goodland. Our lots -- our lots are too small, the setbacks are wrong. And through the years of gerrymandering Goodland for one reason or the other, we finally came up with a comprehensive plan to take care of some of these -- some of these items. Also, we're a fishing village -- not being able to store crab traps in the side of your yard and things like that don't have anything to do with the rest of the county here. What we tried to do is tailor this to the residents of Goodland through the course of all these meetings. And God bless Ray for all the things that he went on with down there for all that time. But if every time we want to amend the overlay because of what you-all change the county to be that doesn't have anything to do with us, we've got to come up with another $1,200 for every amendment that comes through with this? I can appreciate what Commissioner Fiala is saying, and I can appreciate what Ray is saying about the Bayshore situation being different. The purpose of the overlay as far as we understand it is to amend and to preserve the quality of life in Goodland as opposed to what else is happening in other parts of the county that have nothing to do with us. So I can appreciate the fact that there is a procedure involved here and there's a dollar figure involved and all the rest of that sort of thing. But I think we're missing the point here of why we even started this overlay, and that was to keep pace with what -- with the changing nature of the county and to keep our village as close to the same as we can. Page 73 January 28,2003 We have two or three developments that are online. They're going to change Goodland to some extent to this or that. But our means of communication with you-all and of changing these things, or trying to keep things the same, is this overlay. And if every time __ you know, God knows what will happen down the line with this overlay. If every time we have one amendment to this overlay we're having to put out $1,200 -- and I can appreciate staff time and the money and all the rest of that that goes into this -- we -- I don't think we signed on for this when we did the overlay. Now, whether we can put this in the comprehensive situation like Ray says or whatever, I think there needs to be some adjustment here. CHAIRMAN HENNING: Let's continue on with the public speakers. MR. BARBUSH: Thank you. Appreciate your time. MS. FILSON: Your final public speaker, Mr. Chairman, is Connie Fullmer. MS. FULLMER: Good morning, Commissioners. Connie Stegall-Fullmer, secretary/treasurer of the Goodland Civic Association. Mike Barbush has pretty well represented our issues. I would like to suggest though that the overlay process took about two years for us to complete. It began in June of 1999, and it was directed by commissioners for us to go forward with the overlay process. The first meetings were around January of 2000, and the survey went out -- that we're referring to -- went out in May of 2000. We had, from May of 2000 through May of 2001, meetings when we had the opportunity to further discuss the responses to the survey, so that the initial survey that went out was mid course. We discussed commercial parking, we discussed the crab traps, we discussed the setbacks, we discussed many, many things during that long process. And Mr. Bellows was very good in helping us Page 74 January 28, 2003 through all of that. And the final summary that was presented for you as the Board of County Commissioners, though not any of you sitting today were part of that decision, but the final summary listed seven main items that were to be changed that were part of -- from the existing code and the overlay. One of the -- two of those items addressed parking, and it was our understanding, our determination, that our commercial parking was included in one of those two items that was in the final product, so we were not aware that commercial parking was not taken care of in the overlay. Those two items were, number one -- the fina11anguage in the overlay, one of the items was to allow parking of recreational vehicles and equipment in the front yards of properties within the VR and RSF -4 zoning districts, and the second item having to do with parking said that the overlay would allow parking of property owner's vehicle in front drainage swa1e fronting the property owner's lots within the VR and RSF -4 zoning district. It's that second item where we believed that our commercial parking fell. We thought we had taken care of that issue. Because through all of the subsequent discussions after the survey results came in, even though it was close, as Mr. Mudd said, 68 to 69, and 15 un -- 15 respondents undecided, it was mid term that that survey came in. Subsequently the discussions that took place within that next year had to do with the concerns of commercial parking. As Mr. Barbush has said, this is a working community. We have trucks, we have vans, we have a tow truck sitting underneath a resident's house that's been there for 10 years. Those are issues that we needed to be able to protect and activities we needed to be able to protect. It was our understanding that this was part of the final product. It wasn't until the code enforcement issue came up a couple of months ago that we learned that we really were not protected. Page 75 January 28, 2003 So we would like this amendment to be made, or the language to be changed. We're not saying that staff made an error. We're just saying that we understood it to be one way. They understood it to be something different. Now that we understand that code enforcement and planning interprets it one way, we're asking that the language be changed to reflect what the intent of the community really was, that intent was to be able to park our commercial vehicles in our yards and in our swales. CHAIRMAN HENNING: Thank you. MS. FULLMER: Thank you. And in addition, we currently, in Goodland, generate about $1,204,000 in annual property taxes from those residents that live there, and we would hope that the $1,200 that we're estimating it will cost to change the language be paid for out of the general fund. Thank you. CHAIRMAN HENNING: Okay. Before we go any further, Land Development Code takes four commissioners to approve it, and before we determine who spends the $1,200, I think what we need to do is poll the commissioners to see if they're willing to consider these amendments. I think that's appropriate. I think there's a misunderstanding on the vehicle -- commercial vehicle parking. Presently you can park a commercial vehicle on somebody's property and -- depending on the size of it, as long as it's screened. The question here is, can you park that commercial vehicle in the easement, or in this case what they're saying is the swa1e. From my part, I cannot see where a semi tractor trailer has anything to do with a fishing village. So right up front I can tell you that I have a real problem with that. We did allow the crab traps to be stored in the yards in Goodland. Now, as far as the signs go, I think we can take a look at it, but I can tell you that if we grant this, we could be opening up Pandora's Page 76 January 28,2003 box. So Commissioner Coletta, are you in favor of hearing these amendments at a future Land Development Code? COMMISSIONER COLETTA: I'm always willing to listen to what the people of an area want. It's sometimes a little difficult to get the public sentiments. And I am concerned about bringing this back on a continuous basis. I can understand fine tuning it. Twelve hundred dollars is quite a bit of money. But I'd like to find -- get more direction from the community of Good1and, what they actually want. I hear some differences of opinion, and I'm not too sure -- I'd like to hear more about it. I think we're here to serve the people to give them the product they want in the end. CHAIRMAN HENNING: Okay. So are you suggesting -- you want to hear more from the public in Goodland. Are you suggesting a -- some sort of survey? COMMISSIONER COLETTA: I think a survey would be an excellent choice. What is the residents -- the number of residents you have in Good1and? Commissioner Fiala, do you know that number? CHAIRMAN HENNING: I don't know whether that matters in this discussion. COMMISSIONER COLETTA: I'm just curious what the depth of the problem is, if a survey's necessary or community meetings to take place in Good1and. I'd be willing to attend it and listen to everyone. COMMISSIONER FIALA: To answer your question, they just had a meeting, I think, a week ago today, as a matter of fact, for the Good1and Civic Association. And right now they're very well attended because of this time of year. Their residents are back. And they voted unanimously to support this effort. I don't believe there Page 77 January 28,2003 was one vote against it. MR. BARBUSH: No, there wasn't. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I'm willing to reconsider, or consider. CHAIRMAN HENNING: Consider their application to the amendments? Commissioner Fiala? COMMISSIONER FIALA: Oh, absolutely. CHAIRMAN HENNING: Well, good to hear that. Commissioner Halas? COMMISSIONER HALAS: Yes, I am. I feel that we need to address the issues of those people in Good1and, because I think that's a very unique community and I think we should try to preserve that as a historical area, and I think we need to listen to the input of the community. And obviously, they've probably made some changes since the overlay and have really given it some more serious thought, and I think we ought to -- we ought to at least listen to what they have to say. That's why we're here. CHAIRMAN HENNING: Now the issue about paying for the application. I can tell you, any amendments that the Board of Commissioners does to the Land Development Code, we do it under public hearing. All the public is invited to attend that for their input. That's what we're here for. We do advertise the meetings, and there's a first reading and then a final and a second reading. At that time, because of public input, there, in this case, could have been some deletions from this particular overlay. So public did have time for their input. Gentlemen, ladies, who's going to pay for this amendment to the Land Development Code? Are we going to ask the civic association or -- leave it up to the civic association if they would like to pay for the amendment, or do we take it out of the general fund? Page 78 January 28, 2003 COMMISSIONER COYLE: I would oppose taking it out of the general fund. I think that sets a precedent that we don't want to get involved in. COMMISSIONER HALAS: Yep. CHAIRMAN HENNING: I hear on two sides of me. Commissioner Coletta? COMMISSIONER COLETTA: I'm open for discussion on it. I can see both sides, possibly even a split on the whole thing. CHAIRMAN HENNING: Okay. We're having discussion now. So what would you like to do? COMMISSIONER COLETTA: I'd like to see a split, in other words, we come forward with half the money and they come up with the other half. CHAIRMAN HENNING: Well, I'm hearing -- Commissioner Halas? COMMISSIONER HALAS: I think that the community, since they're the ones that are interested in this, I think the community ought to put up -- put the money up. CHAIRMAN HENNING: And that's where I'm at too. So that's three. Commissioner Fiala? COMMISSIONER FIALA: I would really like to see a split myself. In fact, I'd like to see -- because I feel there was a misunderstanding, I'd like to see it eliminated and not taken out of anything. But if the majority of my commissioners say that they want to do it this way, we can invite you all to maybe a pancake breakfast where we can raise the money for that. CHAIRMAN HENNING: Thank you. Okay. So what we've got here is a direction to -- not direction to the civic association, but the feelings on the Board of Commissioners, and -- so if you receive an application for the amendments of the overlay, you know where it's coming from. Page 79 January 28, 2003 MR. MUDD: Yes, sir. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Thank you, Commissioner Henning. Commissioner Fiala? COMMISSIONER FIALA: Yes. COMMISSIONER COLETTA: When you have that pancake breakfast, give me a call and I'll come and cook. COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: Okay. Great. COMMISSIONER COYLE: And I won't be there. COMMISSIONER COLETTA: You can pay and stay home. CHAIRMAN HENNING: Ladies and gentlemen, I hope that we can stay with the topics that we're dealing with today, because we do have some other people that want to talk about other issues. But we're going to take -- give our court reporter about a 10-minute break. And the time is 11 :05, so we're going to reconvene at 11: 15. (A recess was taken.) CHAIRMAN HENNING: Would you all take your seats, please. Okay. We're ready to reconvene. We have a live mike. Item #10A PRESENTATION BY THE GREATER NAPLES AREA CHAMBER OF COMMERCE AND THE SOLID WASTE MANAGEMENT DEPARTMENT OF A SIX MONTH PROGRESS REPORT REGARDING THE SUSPENDED ORDINANCE ESTABLISHING A MANDATORY NON-RESIDENTIAL RECYCLING PROGRAM WITHIN THE UNINCORPORATED Page 80 January 28, 2003 The next item is the update on the commercial recycling. Mr. DeLony. MR. DeLONY: Good morning, Commissioners. My name is Jim DeLony, for the record. I'm the public utilities administrator. On 27 March, 2001, the solid waste management department was directed to develop a mandatory nonresidential recycling ordinance. The ordinance was presented to the board for adoption on the 28th of May, 2002, and at that time the board voted to postpone the adoption of the ordinance and evaluate nonresidential recycling on a voluntary basis for the next 18 months. We're on item 10(A), sir. COMMISSIONER COYLE: No, I know which item. I was looking at the cookies down at the other end. MR. DeLONY: Oh, cookies, okay. I thought maybe I -- COMMISSIONER FIALA: I know -- COMMISSIONER COYLE: That always diverts me. MR. DeLONY: Mrs. Fiala told me I was speaking too fast on my previous occasion, so I'm taking a little time here this morning. COMMISSIONER FIALA: Thank you for listening. MR. DeLONY: The board direct -- yes, ma'am. The board directed -- voted to postpone the adoption of this ordinance and reevaluate nonresidential recycling on a voluntary basis for the next 18 months. The board also directed the solid waste department to work closely with the Greater Naples Chamber of Commerce in their efforts to increase voluntary recycling by nonresidential of the business community. As part of that direction, the board requested interim progress reports on a six-month's interval throughout the next -- that 18-month period. I'd like to introduce David Weston, immediate past chairman of the Greater Naples Chamber of Commerce. Mr. Weston is the chair Page 81 January 28, 2003 of the chamber's efforts with regard to voluntary recycling. He will present the first six-month interim report. George Yi1maz is here also from our solid waste department. He and I will be available to answer any questions that you have following the presentation by Mr. Weston. With that, David. MR. WESTON: Thank you, Mr. DeLony. Again, Dave Weston, for the record. I'm here on behalf of the Greater Naples Chamber of Commerce. Chairman, Commissioners, thank you for having me. Last spring, an ordinance was presented to try and encourage, in fact, mandate of business recycling. And the Chamber of Commerce worked very hard with staff to try and work on that ordinance, but we continued to have the idea that maybe a carrot versus a stick, less government versus more might be a worthwhile attempt. So with that and with the vision of the commission, we were ordered to try and go off and embark on that. It's a compex -- complex, excuse me, very collaborative effort. We had a bunch of independent folks, very technical. I know more about solid waste than I ever thought I would know. And we've had to kind of reach out to experts, to Collier County Solid Waste staff, and to our own business members to try and learn what's all involved. Always -- getting started, it's like a term paper. Getting started's the toughest part. Once you get started, it really gets easier as we go along. What has happened though is we have formed into a pretty good solid unit. And really, my appreciation goes out to the solid waste staff, Mr. DeLony, Dr. Yi1maz, Ms. Kirk, and I just met Ms. Hapke, who's a public relations type of person, public information, which is a key element of the plan. I would be remiss if I didn't make note of her contributions, Page 82 January 28, 2003 even though she admonished me not to. Ellie Krier has done a Herculean effort in bringing all these diverse groups and trying to get us all together and keeping us on the same page. And it's through her efforts that we're as successful as I believe we have been. Up until this point in this first six months, we've reached out to community organizations, both business and green. We've gone -- obviously our natural thing is to go to the Greater Naples Chamber membership, Collier Building Industry, I've spoken to their executive committee and they've gone to their board and membership, I've spoken to the EDC leadership and their membership, we've also gotten input from the -- what we would term the green organizations. The Audubon Society has interacted with us greatly, given us a lot of good, positive suggestions, Keep Collier Beautiful has participated, given us a lot of information, the Conservancy. The City of Naples has been kicking in information and suggestions in telling us what they do in their solid waste group. In addition to that, we have technically oriented groups like Zero Waste who have some innovative ideas that they're offering and going to help us get in touch with some experts from far-reaching places around the planet. The chamber organized a group of individuals as well to try and get aho1d of the different business sectors. We've got representatives from NCH Health Care. I mean, it's amazing what they're doing over there with bugs and high voltage and things like that to deal with their solid waste. Vin Depasquale from Dock 5, because we wanted restaurant and bar input. Clark Hill from Naples Hilton Towers, because we needed to know the hotel and motel business. Everybody has a different perspective, different challenges. In addition to that, we got Dolly Roberts from DBR Marketing, Trout Scanlon from Creative Arm. They are the creative element, I will say, that has -- going to merge with the county's consultant who Page 83 January 28, 2003 __ on marketing this and promoting this and educating us. Bob Sandy from the Naples Daily News. There's a big -- I guess I hear about 40 to 50 percent of our landfill space is paper. So my general approach is, look for the big deal and try to get your biggest bang for your buck up front, so we're going to try to focus some of the things that create the biggest impact earliest. Tuff Publications with Russell Tuff, other newspapers, and the CBIA has offered us Trevor Tibstra. He's with Commercial Cleanup, so he's a waste hauler, plus he's on the board of the CBIA, so they're connecting with the builders and developers. In summary, that's a broad spectrum of people. The first thing you need to do is get the folks together. Then we said, okay, for this initiative to work, we need to know, where are we, where do we want to go and how are we going to get there, and when will we know when we get there. So where we are is we have a really well-run landfill. It's really well run, and there's been a lot of improvements, as we know, and we've heard over the last 12 to 18 months, but it has a finite capacity. And last I checked coming in here, people were still wanting to move to Collier County. We just heard about rezones and zoning and like that. So the demand on that landfill is going to continue. When we met with the county manager and his staff, we collectively came up with a mutually-shared goal to try and boil it down to a simple mission, and that is to extend the life of the landfill by 30 to 50 years. You've got to shoot for the best so we can try and accomplish our goal, and then hopefully, as the county manager said, is hopefully technology will have progressed in 50 years so that maybe we'll zap our garbage or transport it through Captain Kirk's transporter. Where do we want to go? The 50 years, how do we know we're going to -- how do we get there? First we set the goal, then we educate, promote, facilitate and innovate. Page 84 January 28, 2003 By educating, we have groups like Keep Collier Beautiful and Zero Waste and a lot of other organizations, Keep America Beautiful, and the county's own staff and their consultant to provide information, waste audits. A lot of times people don't even know what we have, what we're creating in our own businesses. Education -- promotion, public service agreements, announcements. We're asking both the printed press, the glossy magazines, the newspapers, the radio, TV, to help us out. Those are businesses that would help get out the word if we start reminding people daily that it's not a second thought, it's your first thought. What are you going to do with your garbage? Boom, you put it -- you separate it into recycling. Shows, both CBIA, neighbor, Collier Building Industry, the chamber, greater chamber, all do big trade shows. So have booths there that show people how to do things different ways and innovative ways to deal with it. Seminars. We've got offers by Zero Waste and Keep Collier Beautiful and others to actually conduct seminars to educate our members. Facilitate. My office is about 300 yards from the transfer station on Enterprise. We have 37 people in the office. So I went around and asked them, said, does everybody know where the recycling area is here if you want to drop it off. A very low percentage of the people knew that we could have probably thrown a baseball to it. We need to try and get the word out that it's there. And when I visited it, it's incredible. I had no idea of the number of things that are accepted there, from equipment -- office equipment, fluorescent lights, paint, all the hazardous waste, but just tremendous things. So we need to get the word out, and that takes money, promotion, and those type of things. Innovation, or actually on facilitation, we have -- we probably need more venues. They have the things called roll-offs. We've Page 85 January 28, 2003 worked with staff, that they have them located in some places in the county. We need to put them more places. We need to ask area businesses if they would put them there. Because if it's difficult to get to, people don't do it. We have to make it easier to comply. Also a better variety of containers. One size doesn't fit all. That was our -- one of our problems with the ordinance is you have big businesses that have tremendous things, like I mentioned in the hospital. But we need to have a variety of containers to fit the variety of different types of businesses and facilities. The innovatives. Through technical organizations, the county's staff and their consultant, Malcolm Pirnie. And to get them to give us more ideas and information that -- to make this a success. The good news is we do a great job already in Collier County of recycling. A lot of counties would like to have the percentage we have. We're not going to be satisfied with that, obviously. A significant -- we did a little polling and research. A significant number of our businesses already participate in recycling in the top large -- largest business as 100, are almost predominantly recycling. And some of them are aggressive and have amazing things going on. Recycling administers, high-tech solutions. Our poll of our chamber also -- membership also showed a tremendous support. Everybody -- I haven't met a soul who says, I'm not for that. Everybody wants to do it. Now we're trying to get everybody together on how to best implement this. But when you have positive support and all the groups together, I think we'll be successful. There are resources available from other successful communities, like Ann Arbor, Michigan, Seattle, Washington, who have voluntary business recycling efforts that are very successful. That's kind of bringing us, all six months, getting everybody together, getting these groups, finding out what's going on. N ow is our next phase, education, promotion, and innovation. Page 86 January 28, 2003 We anticipate about a 90 to 120 day roll out for the marketing and promotional program that we're going to have to work closely with the county staff and their consultant to make sure that we haven't left anything out. And we're going to need continued support, philosophically and financially from the county commission through their designated staff and consultants to make this so. But I've got to tell you, I don't come in front of you very often with such a positive feeling about where we started to where we are right now and the direction that we're headed in. I mean, there is -- before I came up here, we were out in the hallway like school kids saying, man, we're going to do this and we're going to do that, and we can do that. And so given the opportunity, we're finding people will do the right thing and that's where we are today. CHAIRMAN HENNING: Question by commissioners to Mr. Weston? Commissioner Halas? COMMISSIONER HALAS: Are you going to establish some type of a matrix for measuring the amount of waste material that's being recycled? MR. WESTON: Excellent question. Yes. And that's -- the county has actually shown us and we've worked together and come up with three systems of measurement that were in your packets, I hope, in the summary. And those are tough. It's a moving target. We're going to have to do a lot of work to achieve those, but, yes, absolutely. How do you know when you get there? You've got to have those measurements, which we've agreed to. COMMISSIONER HALAS: Okay. And how often are you going to report back? MR. WESTON: I think we have two more times or -- in six months, but I think we're going to -- we had a year to try and get this thing together. And we're at the -- it's half time. CHAIRMAN HENNING: Commissioner Coletta? Page 87 January 28, 2003 COMMISSIONER COLETTA: Yes. Thank you very much. I do appreciate the chamber's commitment for this and putting up some of their own money and time and effort. It's greatly appreciated. At this moment in time though, the first six months I realize you're getting your feet underneath you. Meanwhile, we had a slippage of about a percent. We didn't really see any gains at this point in time, which gives us more of a goal to have to work for in the future. A couple of questions I have. One, is there some program out there that now exists within the country that you're using as a model that has got some measurable results to it that we compare so we know how we're doing in comparison to that? MR. WESTON: We don't have a single community. I mentioned Ann Arbor and Seattle, which, each one -- obviously one's a large metropolitan area and they're not -- we're unique here, and we keep saying that Naples is special and different, but we're trying to get the best of all the ideas we get out there. There's also the Zero Waste organization that's come up with some innovative, I'll call them, scientists people, educators, other restaurant people, to contribute some ideas. But we don't have one -- we're not going to say we're going to model ourselves after Ann Arbor. But we are going to try to take a lot of the good ideas from them. COMMISSIONER COLETTA: Well, going back to Commissioner Halas's question, how do you measure your results? How do we know as we're moving through this? I know six months isn't enough time to come up with a definitive answer that you've got the answer to everything. What do we have that we can compare it with other than our percentage, which I'll be honest with you, I'm not impressed with 15, 16 percent. I mean, you got -- at least you got a number that's so low. I mean, you're bound to be able to increase the Page 88 January 28, 2003 product with a little bit of effort. But is there anything out there at all that we can measure against? MR. WESTON: Well, as Mr. DeLony and I have talked about and the staff as well, the ultimate measure is, how are we reducing the volume that's going into the landfill. That's the proverb -- I'm an accountant. Bottom line is what's going in there. The complication with that is if I say, it's X number of tons today, and tomorrow it's not lower than that because we have growth and other contributing factors. We're developing an algorithm that we think will show that present -- that we're making inroads on it, but it's not a finite stagnant number that you can just say it's at five and it better be at four, because that -- we'd have to raise the gates and not let anybody in, don't promote any more businesses and those type of things. COMMISSIONER COLETTA: Okay. No, I thank you for that. I really didn't quite get the answer, but I understand that we're probably in the forefront of this technology. MR. WESTON: We still have to develop -- those measurement standards, those three that are in the end are going to have to be detailed. The devil's into details. COMMISSIONER COLETTA: Can you comment on another part of this report where it said, the Collier County Public Schools isn't participating and they find it cost prohibitive. That's very discouraging. MR. WESTON: Yeah, yeah. It's the largest employer in the county, I believe. And we have received very positive response from the board when they -- when we contacted them about it, so they're going to be jumping onboard. But at one time -- and I've done some research, like I said, more than I wanted to about solid waste. But there is -- even though it's a good thing, we all agree recycling's great. It costs money to get the trucks out there, got to get people to haul it around, even if it's separated, and there's a cost in Page 89 January 28,2003 there. And so what is the ultimate cost benefit becomes difficult to ascertain. The public school system apparently did an analysis and decided, no, it's going to cost us more to separate it than not to, okay? That was -- and I don't know the date of that or the age of that, and I can't speak for them. There was an article about Mayor Bloomberg in New York. He __ they collect it, they separate it and then heave it in the pile because it costs less to just chuck it in the pile than it does to deal with it, to burn it, the fuel and all that. So there's some challenges on the far end of the stream. You can promote and get everybody to separate it and do well. Got to do something with it. It's got to be efficient. COMMISSIONER COLETTA: And I realize-- MR. WESTON: It's a complex issue. COMMISSIONER COLETTA: And I realize that the commercial, or as you like to refer to it as nonresidential, is not doing any better than the general population out there, that we're actually starting to slip on that particular effort too. Am I correct, or are we holding our own as far as our recycling rate? I would like to know the answer to that, if you don't mind, Mr. Yi1maz. MR. YILMAZ: For the record, George Yilmaz. Are we talking about single-home residential recycling, sir? COMMISSIONER COLETTA: I'm talking about residential overall, including single-family, including multi-family. MR. YILMAZ: Our residential curbside has increased from 26 to 28 percent and our projections is that you will do much better there as we go further the next two years. So we do see increase in our residential recycling. COMMISSIONER COLETTA: So in other words, the 26 versus 13 . We're about -- residential users are doing twice as good as the commercial users are at this point in time? MR. YILMAZ: Yes, sir. Page 90 January 28, 2003 COMMISSIONER COLETTA: Thank you. MR. WESTON: And the third measurement does an analysis vis-a-vis residential contribution so that we can measure the relative ratio. That's one of the three measurements in there. COMMISSIONER COLETTA: Thank you very much. CHAIRMAN HENNING: Mr. Weston? MR. WESTON: Yes, sir. CHAIRMAN HENNING: Has any outside vendors been recognized outside of Collier County to pick up recyclables? MR. WESTON: I know that -- I spoke with a woman and-- Neala Hoch, who's also with Keep America Beautiful organization and also works for the recycling organi -- hauler from Lee County, and I understand there's about seven or more that do it. And that's -- we talk about the invisible recycling that goes on, the people in the office that take the cans to the scouts, the people who take it down to the transfer stations and don't have it checked off so it's not in that 13 percent. We're trying to get those people onboard. We already, through the county staff, have cooperation. They're going to check and see if it's a commercial drop-off versus a residential, which hasn't been monitored up to this time. And we're trying to get more people just to sign up for you at the main haulers and have them report it, either Waste Management, who happens to be the main hauler for Collier County, and have them report, and they do report if you have a commercial deal, but the outside, the independent haulers mayor may not. CHAIRMAN HENNING: Right. And I would suspect that you're not getting any reporting but through communication of contacting those outside vendors and encourage them into Collier County to do business here and ask them to send -- report to the chamber or our staff to measure, you know, what's being picked up. But -- Page 91 January 28,2003 MR. WESTON: See, a lot of that stuff, when you have outside haulers like that, and particularly financial institutions, they want to destroy it, they have confidentiality issues, and so they're not making a big fanfare out of it, it's mulched up and goes out in an unmarked truck, you know, goes down -- and that's what's happening with them, and they're mostly out of Lee County, those operations. CHAIRMAN HENNING: Okay. And I think they just want to -- not to identify their clients? MR. WESTON : Well, they just -- I mean, there's just -- they're handling sensitive financial documents, and so they don't make a big publicity thing out of it. But we could ask them to report on their tonnage. They're a private industry, so we could try to ask them. CHAIRMAN HENNING: Sure. And then I think if we could work with the tax collector on the occupationa11icense, when those go out, can we use that as a tool for education of identifying the recyclab1es and where they can be -- who can you call to step up some service? MR. WESTON: That's part of that education. A lot of people don't know. CHAIRMAN HENNING: Sure. And I think education is the way that we make things happen on a lot of things, you know, big manatee or whatever. MR. WESTON: This morning we had the road cleanup people and the kids. I mean, I sat here. I was real impressed what people will do because it's the right thing to do. CHAIRMAN HENNING: Right. MR. WESTON: If they know what to do and how to do it. CHAIRMAN HENNING: Right, thank you. Commissioner Halas? COMMISSIONER HALAS: Yeah. I just want to make sure that we are getting the message out there to the commercial people, because 60 percent of the trash is generated by commercial industry, Page 92 January 28,2003 and it's very important that we get the message out to them and that we start seeing this recyclable rate starting to go up there in the landfill. That's the most important thing. MR. WESTON: I appreciate your point. I also think it's important for the record to point out that a significant percentage of the amount that is being recycled right now, construction and demolition and horticultural, huge. The two largest elements that are being recycled are commercial activities. They are head and shoulders above anything else. So leading the charge is commercial. CHAIRMAN HENNING: Thank you, Mr. Weston, for being here. If you would give me a call, I've got some ideas that might assist you, but I don't want to hold the process up, so if we go back to the public speakers. Oh, Mr. DeLony. MR. DeLONY: I really don't have anything to add, other than to just ask if there's any further questions for me or for my staff or any other direction you could provide us. I would just like to give a summary, if I could, from an overall perspective. First of all, this is a win-win at this stage of the game, okay, in my assessment, sir. We are working closely together to make sure we get that education and that awareness at the level where voluntary recycling can work or would work. We'll just have to evaluate how well it works and then weigh some board decision, if that's the direction we continue to go on with regard -- the end game. The end game is, of course, preserving our landfill capacity and the earth space in that landfill for 50 years or more. We'll be back to you the first week in March and laying out that long-term strategy. This folds into that strategy in some -- to some degree. In terms of recycling, absolutely. It's one of our key components of diverting from that landfill constituents that either can be reused or recycled or put to other better use somewhere else. So this is a critical part of it. Page 93 January 28, 2003 Of course, the decision by the board back last year was that we're going to work the voluntary piece before we make it mandatory. So in that sense, it does fold very carefully into our long-term strategy, which, of course, again, I'll be back in the first week of March with some greater detail with regard to where we stand on the different long-term, short-term, and immediate-term solutions that we could propose to you for your decisions. But this currently is a win-win. We've got the measurab1es. We thing the measurab1es will give us the right indicator now. We've got to move out against those measurables and those standards and get some performance as indicated by you, sir, and that's where we're going. CHAIRMAN HENNING: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Okay. One question. Do we have any goals as far as percentages? Because that's the only measurable performance that we have in this agenda package that we have. It says 13 percent now. Do we have something for the end of one year, maybe 25 percent or some other number? MR. DeLONY: Sir, that's a great question. I guess what we're looking for right now is positive -- positive movement upward above our current situation. We have not necessarily sat down and benchmarked a specific goal for the next six-month period, but we will take that and bring it back to you as to what the benchmark is and how well we did against that -- COMMISSIONER COLETTA: I would strongly recommend that you come up with a -- MR. DeLONY: Yes, sir, benchmark for performance. COMMISSIONER COLETTA: -- benchmark to achieve. MR. DeLONY: All right, sir. As mentioned earlier, we have three measurab1es that we're looking at. W e'lllook carefully at crafting benchmarks for measuring excellence or subexcellence with regard to execution. Page 94 January 28,2003 COMMISSIONER COLETTA: I think that's where you were trying to go, right, Commissioner Halas? COMMISSIONER HALAS: That's exactly, when I said that we want a working matrix to know what the percentage is, and that's where I was -- when I directed that question to you, that's exactly where I was coming from. MR. DeLONY: I believe we could work that out. COMMISSIONER HALAS: We want a matrix on that to find out -- so we actually tell what's happening. MR. WESTON: Yeah. We have talked about it conceptually, but we don't have that number, because it's a -- there's a lot of inputs, things are coming in from every angle. We need to get a good formula. A bad number's not worth telling you. CHAIRMAN HENNING: Great. Thank you. Ms. Filson, do we have any public speakers? MS. FILSON: Yes, sir. You have one public speaker, Bob Krasowski. MR. KRASOWSKI: Good morning, Commissioners. For the record, my name is Bob Krasowski. I'm with Zero Waste Collier County. I'd just like to mention that I think this is just wonderful what you have in front of you today. I know earlier we had an interest in __ the Zero Waste Collier County did -- in the mandatory recycling ordinance. But with the talent available through the chamber, the talent available in the solid waste department, we think that much can be done in terms of succeeding with recycling and other programs in the current environment. We look forward to working with -- further working with the chamber and the solid waste department on implementing strategies that will increase the waste diversion. As it's been mentioned, the -- 60 percent of the waste now going to the landfill is contributed to the commercial sector, and Page 95 January 28, 2003 there's incredible opportunity to change that. I'm sure you're aware of that. So we're very hopeful. It's a good idea to set targets, but then again, I think you should give some time before we -- so we can determine exactly what those targets might be. Of course, our organization is interested in zero waste. I mean, shooting for the maximum goal, but I think working in increments towards that is a good idea so you don't get frustrated when you only get it up to 50, 60 percent. Much of what's been done already by the solid waste department in diverting materials from the landfill of -- now you'll see probably in March charts which will show you that 50 percent of the material that used to go to the landfill is now being diverted. And the 60 percent number for commercial is 60 percent of what continues to go there. But a lot has been accomplished. Of course, Zero Waste not -- wants not only the material to be diverted, but they want it to be diverted to a useful purpose, okay, not just send it to another landfill, but to get it back into the economy and into the structure. I'm very, very encouraged by the enthusiasm and openness of the chamber and of the solid waste department to discuss various options. On March 27th and 28th now -- we've moved the date several times -- but now we're shooting for those dates to hold a zero waste workshop, design charette, partially sponsored and funded by the State Department of Environmental Protection, being helped along with the solid waste department with the help of Mr. Yilmaz and Mr. Mudd and Mr. DeLony, and also being co-sponsored by the chamber, that we're going to bring people in here to discuss what they've done in other places, California, the State of Washington. Ms. -- I've shared the resume of Gary Liss (phonetic) with you folks in the past, but we're moving -- continuing to move on that. Page 96 January 28, 2003 But Dr. Jeff Morris is a Ph.D. in economics and an expert in zero waste -- worked on the programs in Washington that were referred to as very successful ventures. He's now located on the east coast, and he's going to be coming down for our workshop. So I hope you can all participate in that. I hope that this can help in our effort to -- and I hope the commissioners are there and pay attention to what's offered. And the chamber, I know they'll be there also. There were questions about the school board. Recently -- they're very receptive to discussion on this issue. Recently I've spoken in front of the school board and asked them about their participation in our workshop and in our analysis of what the school system does now. A couple of years ago they brought some people in, talked about the issues and was determined to do a county-wide school program. Maybe it wouldn't be so cost effective, but then they left it up to each individual school to do what they want, which for now is not a bad idea, bad situation. My -- I'm aware of one school in northern Collier County, and because of its location it's available to be included in a program that comes out of Lee and Bonita. There's a company there that will collect mixed paper and provide the totes free of charge. Other companies charge the schools for the totes. But -- and this school will probably move forward on it. They'll be taking their paper and putting it in these totes, and this company hauls them away and makes their money by doing that, but as no charge to the school. So they can actually possibly experience a savings by the reduction of their waste, the stuff they throw in the garbage to pay to have hauled away. This company, in competition with other companies, also provides cardboard recycling out of a rate lower than some other companIes. So I think as, Commissioner Henning, I've heard you mention a Page 97 January 28, 2003 couple times -- and I don't mean to put words in your mouth. I hope I don't misrepresent your position -- but you are encouraging and looking for a diversity of companies to provide the services for recycling, and that's real important. We've got to let the free market work here, because it will -- the community will benefit. So I appreciate the opportunity to -- I appreciate your attention to my comments. CHAIRMAN HENNING: Thanks, Bob, and that's exactly where I stand. Open markets tend to drive prices down. It's better for the consumer. So -- well, great. MR. KRASOWSKI: Excellent. CHAIRMAN HENNING: Thank you. Item #12C INTERLOCAL AGREEMENTS WITH INDEPENDENT FIRE DISTRICTS FOR IMPLEMENTING THE DUTIES AND OBLIGATIONS OF THE VARIOUS DEPENDENT AND INDEPENDENT FIRE DISTRICTS WITH RESPECT TO FIRE PLAN REVIEW AND FIRE CODE INSPECTIONS FOR NEW CONSTRUCTION, CONSTRUCTION PROJECTS AND EXISTING STRUCTURES WITHIN THE VARIOUS DISTRICTS =-..AEEROVED WITH-CHANGES Next item is a county -- no, public comments on general topics. MR. MUDD: No, sir. It's 12(C). It was an item 16(K)5 that was n10ved forward, and that has to do with the administrative items for independent fire district, dependent fire districts. CHAIRMAN HENNING: Okay. What do you want to do about iten1 II? MR. MUDD: Oh, excuse me, sir. I'm sorry. CHAIRMAN HENNING: Public comments on general topics. Page 98 January 28, 2003 Sue Filson, do we have anybody signed up? MS. FILSON: I have no one. CHAIRMAN HENNING: County manager, what is the next item again? COMMISSIONER COYLE: 16(K)5. MR. MUDD: It's 12(C), which is 16(K)5, sir. CHAIRMAN HENNING: And Mr. Zachary is going to -- MR. ZACHARY: I'm going to tell you a little about it. Good morning, Commissioners. Robert Zachary, county attorney's office. This item is to gain your approval for these various interlocal agreements that the county has as the governing body of the county and the governing body of the Ochopee and Isles of Capri fire districts with the other independent districts to govern the -- reflect the duties and performance that needs to be done to -- for fire plan reviews and fire code inspections done by the individual districts. The agreements are essentially the same as prior agreements, but this one was needed to reflect the fact that the East Naples Fire Department is taking over the duties as the administrative district from North Naples. There has been one change from the agreement that you have in your package to reflect the concerns that I had with a creation of a contingency fund by the East Naples Fire District, so that language has been removed from the agreements that you have in your package that had to get in there because we didn't have them all signed yet. And it's on page 3 of the agreements between the individual fire districts and the East Naples district, and it's in section 5 that talks about the distribution of funds, and section 5(B), the language that talks about the contingency fund, and distributing the excess back to the fire districts has been eliminated. I've been assured that there is -- if there's any problem with this, we can reopen the discussions with the fire districts and come back to you, but -- either an amendment or another agreement. Page 99 January 28, 2003 CHAIRMAN HENNING: There's a bunch of agreements in there. COMMISSIONER COYLE: Yeah, but I don't see a section 5(B). COMMISSIONER HALAS: Yep, I don't either. MR. ZACHARY: Well, this is the interlocal agreement between the East Naples Fire District -- COMMISSIONER FIALA: There it is. MR. ZACHARY: -- and it would be Ochopee -- COMMISSIONER FIALA: Page 15. MR. ZACHARY: -- Isle of Capri and the county. COMMISSIONER COYLE: It's on page 15. COMMISSIONER FIALA: Yes, sir. MR. ZACHARY: It's on page 3 of my agreement. COMMISSIONER COYLE: We have another interlocal agreement in here on page -- on page 2. MR. ZACHARY: There needs to be two separate ones. One is with the county and all the signatures of all the fire districts -- COMMISSIONER COYLE: Okay. MR. ZACHARY: -- to reflect the duties that the -- of the fire official's office. And then the individual districts also have an agreement with the East Naples reflecting that that's the -- East Naples is the administrative district for the funds. CHAIRMAN HENNING: Okay. I just have one other concern. I have talked to a lot of the elected officials on the fire side about my concern. It states in here that East Naples will administrate it and they will be compensated one percent of the total collection of the fees through the permitting fees. And the concern I have is, what if it costs East Naples Fire Department more than one percent of what they collect? We have a drop in inspections or permits? It's not fair to East Naples to take up the burden of what it costs them to administrate -- administer this Page 100 January 28, 2003 program. Or would it be fair to the other districts if East Naples would have a huge windfall in that? So I would like to change it just to state that East Naples Fire and Rescue Control District will be compensated for the administration of, and take out the one percent. MR. ZACHARY: I think that, perhaps, some of the representatives of the fire districts are here and wanted to speak to that -- that issue. CHAIRMAN HENNING: Correct. And I -- I understand we have some public speakers. MS. FILSON: Yes, sir. I have four public speakers. The first speaker is Joyceanna Rautio. She will be followed by Rob -- MR. POTTENGER: Pottenger. MS. FILSON: -- Pottenger, thank you. I can't read it. MS. RAUTIO: Good morning. My name is Joyceanna "JA" Rautio. I'm a North Naples Fire District commissioner. I'm here today to represent my district to let you know that we wholeheartedly supported the idea of taking the administrative district duties and transferring them over to East Naples. It's my understanding that every fire district has so far met and approved the change-over, because we've been working on this for the last couple of months. As Mr. Zachary said, the agreements are pretty much the same. You have three of them that you have to sign, the main agreement and then the agreement with the Isle of Capri and with Ochopee, because the independent districts and dependent districts must have an agreement with the administrative district, which, hopefully, after today, will be East Naples. The issue of the one percent is something that we feel that could go either way. As far as North Naples is concerned, it was for seven years, the one percent of the inspection fees came to us as the administrative cost to cover running the business of the fire code Page 101 January 28,2003 official's office and transferring of the checks, taking care of all of their day-to-day operations and payments, telephone bills, et cetera. So I don't have a problem with the one percent, but I will admit, with the chaos that we've had in North Naples, we never analyzed whether it was more or less. So I think that Commissioner Tom Cannon from East Naples could let you know what he thinks about this. I think it could stay the same and, perhaps, we could adjust, say, when we get around to adjusting the excess funds issue, we could go ahead and look at those two issues at the same time at another meeting. But we're here today, or I'm here today on behalf of my district to let you all know that we are more than eager to give up this particular set of administrative duties, and it's just -- it would be a seamless transition. On the issue of the contingency funds, I will tell you that North Naples never did reach a point where we had to set up a contingency fund in our chart of accounts. We have never reached the point of two years excess amount of funds coming in for any of the plan review and inspections. So it's really almost a non-issue, that's why it was so easy for the fire districts to go ahead and take this out so it is not an issue for us today. If you have any questions, I'll answer them, and if not, I'll let the next one talk. CHAIRMAN HENNING: Thank you. Next speaker? MS. FILSON: The next speaker is Rod Pottenger, and he will be followed by Chuck McMahon. MR. POTTENGER: Rob Pottenger, East Naples Fire Department. All those fingerprints you see on those papers are from me passing it around trying to get the signatures, and I'd just like to say thank you for at least, Mr. Henning, for putting it back on. A lot of hard work has gone into this with our committee. Page 102 January 28, 2003 One of the drawbacks to the one percent, in our aspect, it's much easier bookkeeping-wise. For us to single out how long it takes us to do -- for instance, payroll. Our payroll will be done with our regular payroll. Every time I, myself, or the fire chief or commissioners meet with the fire code official, that -- we'd have to document time-wise and then billable. Personally, I would much rather see the one percent. And if we'd like to address it at a later time, that's fine. But I know to administer it for our end, it would be much easier for the one percent. Thank you. Oh, do you have any questions? CHAIRMAN HENNING: We want to thank East Naples and North Naples for resolving this issue. And I just see better government, a willingness to take some -- an existing organization and do something different. Great opportunities. MR. POTTENGER: Well, we've always tried to go in the spirit of cooperation, so we thank you. MS. FILSON: Your next speaker is Chuck McMahon, and he will be followed by your final speaker, David Ellis. MR. McMAHON: Hello. My name's Chuck McMahon, Golden Gate Fire Commissioner, chair. With this whole issue and regarding everything, we've put painstaking hours into getting this all set and put forth, and you know, putting everything in order and going over all the documents, making sure any changes were where they needed to be. The one percent that we're talking about right now, again, was something that was never brought up. We never talked about it. With where we're at right now, we have -- the commissioners for all the districts have signed a document as it was with the one percent in that there. I think to change that today without the approval of all the commissioners would probably put us at a standstill and could cause a little bit of headaches. Page 103 January 28, 2003 My recommendation is that we follow forward with this and make the change if we need to maybe down the road after we can see how it works and what it looks like, along with the other changes that we're talking about with the overhead. COMMISSIONER COLETTA: May I ask a question, Commissioner Henning? CHAIRMAN HENNING: Yes. COMMISSIONER COLETTA: Thank you. Commissioner McMahon, could you tell me, this money that we're talking about, the one percent, do you know what it equates out to in dollars? MR. McMAHON: At this time, no, I don't, and that's why I'm saying that maybe we need to look at this a little bit harder and reissue it later on, revisit it, and if we need to adjust it, adjust it. At this point in time, North Naples has nothing to show of what they've done over the years with it, so there's really no record to be able to say what's right. COMMISSIONER COLETTA: May I suggest possibly we might be able to approach it several different ways, one, any kind of overage you had on this should be able to reduce our millage as far as what we have to pay as taxpayers to the fire district; number two, if we were to allow you to go forward and an accurate accounting to be done, is there a possibility that you might consider any large windfalls that come forward to be able to reimburse the county government, as the county procedure proceeds so you can start to get a grip on what's taking place? CHAIRMAN HENNING: Commissioner, this is permitting fees. If somebody wants to put a building up, they have to put a sprinkler system in. MR. McMAHON: Yeah, that has nothing to do with the millage rate or any of that. This is strictly, when you -- when you put a building in and you -- through the impact fees and such, you Page 104 January 28,2003 would be paying your fire code official's office for their duties. COMMISSIONER COLETTA: I understand. MR. McMAHON: And this is that money. I also -- yes, revisit that once we get moving. We'll never exceed that number, to the best of my knowledge. That is just a safety feature that was put in there so that we didn't end up with all this excess money that we couldn't use, that it would have gone back to the districts and would have been split up, you know, evenly to the districts to do as -- I agree a hundred percent that we need to revisit that and look at that as -- we could lessen the fees in the future instead of divvying that out through the districts, so. COMMISSIONER COLETTA: Thank you. MR. McMAHON: All right? Thank you. MS. FILSON: Your final speaker is David Ellis. MR. ELLIS: Good morning, Commissioners, David Ellis with the Collier Building Industry Association. I'm running the risk of keeping you-all past noon, so I'm going to be very, very brief. The building industry, we've been working very closely with the fire districts over the last several years working with the issues in relation to their code inspections and their plan reviews, and it's an evolving process. It's an improving process, and a lot of good things have happened. As far as this move, the north to east as the administrative districts, it seems like an appropriate move at this time. I very much appreciate your attention to the money in these matters. It's important, and they are the fees that are being paid by those users in the system. I'm looking at the contingency fund. I think that's probably wise in terms of the two years, and in terms of the one percent fee. Ms. Rautio and I were just looking in the records to try to see how much money more or less that might be. That has not been accounted for well, and it's something that we will account for well, Page 105 January 28, 2003 and even going to East Naples and starting over with a clean state is something that I think will be very positive in that regard. To further that, the industry, we're going to keep a close eye on it. We'll start looking at some of these enterprise type funds and where the money is being used and how it's being used, and if it's not being used appropriately, it would be an opportunity to reduce a fee. And frankly, if there's more money necessary, justification to increase a fee. Right now, you know, we're looking at the 113 fund, a fund that had $11 million in reserves, and is now proj ected two years later to have $2 million lost. And today we even talked about whether or not we should use those type of designated funds for a very specific planning exercise and whether or not it's appropriate in the use of those funds. And I know that's a different topic, but we will, as an industry, be watching very closely and working with the fire district to improve that service, and at the same time to -- also to make sure the funds are available and ready so that things can get done where we build safe buildings. CHAIRMAN HENNING: Commissioner Fiala has a question for you. MR. ELLIS: Yes, ma'am. COMMISSIONER FIALA: Oh, not a question. I just -- it just warms my heart to see such a cooperative effort taking place between all of the fire districts and your district -- your industry, who is paying for this particular portion, and I just -- I'm glad that this came -- I'm glad you pulled it because this way we got to hear the effort that's taking place. I don't think people in our community even knew how we were moving forward with this. And actually I'd like to make a motion that, as the governing body of Collier County, and as the ex officio governing body of the Isle of Capri Rescue and Fire Services and Ochopee Fire District, we Page 106 January 28,2003 enter into the interlocal agreement with the independent fire districts. COMMISSIONER HALAS: I second that. COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: Okay. There's a motion and second on the floor. Any further discussion for the commissioners? I do have some questions, maybe Mr. Cannon, Fire Commissioner Cannon from East Naples can help me out. I'm a little concerned is -- we're making an agreement with stipulations like the one percent when we don't even know how much we're collecting each year. So I think it's something that could be administered. Tom Cannon in his second duties, something that he makes a living at, is a CPA. And the question, Tom, is can there be two companies separated out in the bookkeeping, one East Naples Fire District and one the permits that are received? MR. CANNON: Yes, Tom Cannon, chairman of the East Naples Fire Control District. The way we have set up the bookkeeping for whenever it gets into our hands is a separate entity with a separate set of books. Presently that one percent we're talking about equals somewhere between 6,500 and 7,000 per year. Through my primary occupation as an accountant, I guarantee we'll be looking at it, from the East Naples end, we don't want to lose money, nor do we want to make money. We want to break even on this venture and control the costs. We'll be looking at the costs quite extensively. And as far as the one percent, we could live with either. We would prefer the one percent while we get a handle on the expenses. And if we see that we're underfunding or overfunding, we would go back to the individual districts in Collier County to seek an improvement on that one percent. Page 107 January 28, 2003 CHAIRMAN HENNING: Thanks -- thanks, Tom, that's important, because I see that Chief Schank, yourself as a fire commissioner and your bookkeeper, is going to be spending time on it, and I think it's very important for the district to log that time and justify it, because it is an added responsibility to East Naples. And I want to thank you for all your time that you've put in it so far. And one of the best things that are going to happen through this interlocal agreement is the fire steering committee's oversight input in the operation. Thank you. I'm going to remove my concerns __ MR. CANNON: Okay. CHAIRMAN HENNING: -- and ask Commissioner Fiala if she wants to amend it to include Mr. Zachary's comments on section 5 of removing that. MR. ZACHARY: Okay. You're approving the document -- not the one that you have in your package but the one that was -- that I have that has that language removed regarding the contingency fee? COMMISSIONER FIALA: Before I do anything about adjusting my motion, I'd like to hear if that's the way the cooperative effort between the fire districts had understood it to be written. CHAIRMAN HENNING: They said that, yeah. MR. ZACHARY: Okay. I had verbal assurance from -- that the commissioners -- the chairman of all the committees is in agreement to removing that language. COMMISSIONER FIALA: Okay. So -- and I see a nod from Chuck McMahon out there. Tom Cannon? Everybody's in agreement with that? JA? MS. RAUTIO: I must have missed the wording that you actually removed, because we had talked, I guess, yesterday, and I wanted to know where you started with the paragraph, which is on page 3, actually your 5(B), fire code official's office, what sentences you were removing, just for the record. Page 108 January 28, 2003 MR. ZACHARY: Okay. For the record, in section 5, under distribution of funds, under 5(B), I've removed the sentence -- the paragraph starting with, the East Naples Fire District shall create a fire code official's contingency account. Everything after that sentence has been removed. That's all the language that deals with the contingency -- contingency fund. CHAIRMAN HENNING: And that goes all the way down to __ three lines to official officer's (sic) current budget -- year's budget. That's that whole sentence where you're talking about? MR. ZACHARY: Right. The whole rest of the paragraph after. COMMISSIONER FIALA: The whole rest of the paragraph. CHAIRMAN HENNING: The rest of the paragraph, okay. MR. ZACHARY: The rest of the paragraph. COMMISSIONER FIALA: Now, is that what you -- MR. CANNON: My only question on that would be, we're talking about a two-year contingency fund, a reserve account, but the language that you're taking out talks about a contingency fund in excess of the current budget. We're still looking at creating a reserve account for at least two years' worth of expenses. Is that left in? MR. ZACHARY: No, that's all taken out. And I assumed that we would deal with that and get the language for the contingency fund, which I don't have a problem with, and then get a mechanism __ put a mechanism in place. And if there is excess funds, that we could look at the fee schedule and adjust the fee schedule to get the contingency fund in equilibrium with that two-year contingency fee fund that you -- MR. CANNON: Yeah. We're talking about anything after the reserve account for two years worth of funds would be the excess contingency fund that we're talking about, or are you talking about any contingency fund prior to the current year budget? MR. ZACHARY: I'm talking about any contingency fund, just Page 109 January 28, 2003 eliminating that language right now and then developing language that we can implement that contingency fund at a later date. MR. CANNON: Yes. As long as we can come back and revisit that contingency policy. MR. ZACHARY: That's fine. CHAIRMAN HENNING: Mr. Zachary, they can't do that. They need a contingency fund to pay the bills. Because the language -- there's nothing in this language to say -- as far as the budgeting, the approval of the budgeting for the following year. And let's say for -- one case is they need to hire extra inspectors or plan reviewers or, you know, the permitting process takes a dump where we're going to have, you know, 50 percent reduction in the permitting fees, so they need to pay -- continue to pay these people, planned review and the inspectors. So I have a concern about that. Commissioner Halas, what's your concerns? COMMISSIONER HALAS: I'm just wondering if the parties could get together and come up with the language, or whether they're going to need more time and then come back later on today. Is that a possibility? COMMISSIONER COYLE: Come later today? MS. RAUTIO: That's a possibility. I just wanted to put on the record that right now the reserve fund that we have is in a CD of $700,000. So we have a reserve fund and the contingency fund is separate, because if you ever reach the point of two years' money, that would be the current budget for the fire code, the official's office, then we would need that contingency fund. So when I chatted yesterday with Mr. Zachary, I thought we were going to go down a little bit further and remove that portion starting at funds deposited in the contingency fund in excess of, and then remove the rest of the paragraph. So does that create a problem for you, Mr. Zachary? MR. ZACHARY: Well, it was my understanding that -- you Page 110 January 28, 2003 did have that -- that you already have a mechanism where if you have to hire extra people, you've got a reserve fund, and I just wasn't comfortable with this contingency fund language as it was, so I thought it best just to eliminate any mention of the contingency fund, and then we can deal with that at a later time, since they already __ you already have, what I understand is, an amount in excess of what the budget is that is there to use for what you need it to -- if you have a -- hire an extra -- more inspectors or have more inspections than you were planning on, that that money's already there, available. MS. RAUTIO: Right, and roughly right now, that's a CD of $700,000, is what we consider the reserve. CHAIRMAN HENNING: A CD? MS. RAUTIO: Yes, it's a CD. CHAIRMAN HENNING: So it's not really that readily available, or what am I hearing is -- we want to make interest off of this, we don't plan on using it? MS. RAUTIO: Right now you don't use it. CHAIRMAN HENNING: Right. MS. RAUTIO: And there -- at some point in time we could go to a long tortuous explanation of a former employee in the financial department of North Naples Fire District how that occurred, but right now I don't think that's relevant to the contract and their local agreements we have in front of us. CHAIRMAN HENNING: The reserve is, from what I understand to be, the day-to-day operation, if need be. It's kind of like an emergency fund. So the contingency fund, from what I'm hearing is, it's not really needed at this time. And it's suitable to remove this language, Tom? MR. CANNON: Yeah, as long as we can come back and address this at a later date to give us the correct language on what we would do. Once we've maximized or achieved that two years' worth of reserves, which I don't know if we'll ever do, that we can either Page 111 January 28, 2003 come back and look at lowering the fees or -- or disbursing it. As long as we can come back and review this language on the contingency fund, we'd have no problem. CHAIRMAN HENNING: And in the agreement, I thinks it needs to be recognized, the reserve fund too. MR. CANNON: Right. CHAIRMAN HENNING: Okay. Commissioner Halas, do you have anything else? COMMISSIONER HALAS: No. I just want to make sure that all parties are -- understand what's happening here. COMMISSIONER FIALA: That's what I was going to ask too. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: On my motion I just wanted to see nods from everybody here that -- representing the fire districts, that this change is acceptable to them. COMMISSIONER HALAS: To all parties. CHAIRMAN HENNING: Are you in agreement with the __ COMMISSIONER FIALA: Tom? JA? Chuck? MR. McMAHON: If I may. MS. RAUTIO: I will agree to it, although I thought we were going to allow them to set up a contingency fund, if necessary, and we would drop further paragr -- further sentences down. But I would agree to what I believe I've understood now on the record where he starts in the paragraph at, the East Naples Fire District, and continues and wipes outs the rest of that paragraph. CHAIRMAN HENNING: And I understand that we're going to address it later on. MR. CANNON: Yes. CHAIRMAN HENNING: Kind of clean it out. So that's what it is. COMMISSIONER HALAS: Okay. All right. Is there -- Dave, do you have to say something? Page 112 January 28, 2003 MR. WEIGEL: I'd just mention that Ms. Fiala has a motion on the floor, so you'll, I think, want to go back to your motion to make sure that it includes -- it was to approve the interlocal agreement on behalf of the Collier County and the -- as ex -- or as governing board of the independent fire districts. And so you may wish to amend your motion to include the removal of the language that Mr. Zachary stated on page 15 of the agenda paragraph -- was it 5(B)? MR. ZACHARY: 5(B). MR. WEIGEL: In 5(B), starting on the line -- on the fourth line with the words, East Naples Fire District, and removing all of the language thereafter. COMMISSIONER FIALA: Yes. That's exactly why I was asking for approval from everybody before I amended anything. CHAIRMAN HENNING: We understand that, Commissioner. COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: Are you willing to amend it? COMMISSIONER FIALA: I am willing to amend it. COMMISSIONER HALAS: And I'll second it. CHAIRMAN HENNING: Okay. MR. McMAHON: And if I may? CHAIRMAN HENNING: Commissioner, thank you. MR. McMAHON: I have, at the 11th hour when all this came up yesterday, we knew we were trying to get in here today, I had called every chair of all the districts, and I have talked to them about this and told them that we were making some changes and this is what it would be. And everybody was all right with that, and I verbally talked to them, and they said okay, and then I relayed back to Mr. Zachary that the wishes were all right, that everybody was okay with everything. COMMISSIONER FIALA: Thank you. MR. McMAHON: So that is your verbal. MR. WEIGEL: Thanks for getting that on the record. Page 113 January 28, 2003 MR. McMAHON: Thank you CHAIRMAN HENNING: Great, thank you. No more -- or any more discussion? Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries. Item #15A ASSISTANT COUNTY ATTORNEY CHADWELL RE 1-75 & Now we have staff communication, correct? MR. MUDD: Yes, sir. CHAIRMAN HENNING: Mr. Weigel, do you have anything under communications? MR. WEIGEL: Yes, sir, on brief communication. Assistant County Attorney Ellen Chadwell will address the board. MS. CHADWELL: Good afternoon, Commissioners. I just wanted to communicate to the commission some recent developments on the 1-75 at Golden Gate Parkway interchange. I thought that you might want to be kept abreast of that proj ect. FDOT has initiated formal condemnation actions to acquire the property that they need for that interchange. Collier County, because obviously we own a roadway easement there in the Parkway and have some separate sidewalk easements, Page 114 January 28, 2003 has been named as a defendant in those suits. Weare currently working and preparing a subordination agreement with FDOT that would subordinate our interest to them and would provide for the return of the Parkway property to the county for future maintenance and control once the project is completed. Excuse me. We will be stipulating to that effect for purposes of the order of taking hearing, and that's really all that I wanted to explain. We will be coming back to the board with the subordination agreement, obviously, for your final approval and execution and may ultimately be back asking the board for some direction regarding compensation issues. CHAIRMAN HENNING: Anything else, Mr. Weigel? MR. WEIGEL: No, that's it, thank you. Item #15B COUNTY MANAGER MUDD RE ADDING SOUTH GOLDEN GATE ESTATES PROJECT ON THE JANUARY 29,2003 WORK.SHQP AGENDA CHAIRMAN HENNING: County Manager Jim Mudd, do you have anything for us today? MR. MUDD: Commissioner, outside of we're going to see you at the workshop tomorrow for signs, one addition to that agenda, okay, that came out rather late -- and I had a meeting with the South Florida Water Management District that had to deal with the south Golden Gate Estates project. That project is on fast track, and I wanted to make sure that the board members understood what that meant. So I have put the PM (sic) for the south Golden Gate Estates restoration project, it's part of the Everglades restoration program, on Page 115 January 28, 2003 the agenda for about 11: 15 tomorrow so you can get an update during that workshop time. That was the first time that I could get that person here in order to have that happen, so I think it's important that we understand where that project is. They finally have come up with a course of action that does not impact, adversely, the properties to the north of 1-75, and I think we need to have the -- the board members need to get that information so that they understand it as it proceeds forward. From what I understand, the governor of the state is doing eminent domain actions right now in Tallahassee for that particular project, so I thought it -- I thought we needed to be brought up to speed. They gave me some information that was new last week, and so we've added it to that agenda item. That's all I have, Commissioner. CHAIRMAN HENNING: Great. Commissioner Halas, do you have anything? COMMISSIONER HALAS: I have nothing. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Nothing. Item #15C COMMISSIONER COLETTA RE ACCESS RIGHTS FOR CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes, I do, as a matter of fact. You'll find an email on that very subject Jim Mudd was talking about. I don't have any problem with informational items coming up for discussion. Before any kind of decision is reached, I really do want to see the public brought in. We're talking about access rights and the Page 116 January 28, 2003 elimination of them for Golden Gate Estates, the Picayune State Forest. People have been lobbying and fighting for it for some time. But in any case, for your information a one-way communication was sent out, a copy of the newsletter and a question from one gentleman that wrote me a letter and my answer to him, and then you were copied on it. So I am looking forward to the update. I do hope that we keep an open mind as to what our objectives are in Collier County. CHAIRMAN HENNING: Okay. Item #15D COMMISSIONER COYLE REGARDING STAFF LOOKING INTO FPL TRANSMISSION LINES AND THE ECONOMIC Commissioner Coyle, do you have anything? COMMISSIONER COYLE: Yes, I do, as a matter of fact. I have a couple of things. I would like to bring to the board's attention that Florida Power and Light is in the process of studying a route for the installation of a new transmission line from Lee County to the Collier County substation, which is on Golden Gate Parkway just east of Airport Road. Now, as you know, a new transmission line involves a lot of right-of-way. And I think that in view of the projects that we have ongoing in that portion of the county, it would be extremely important and cost-effective if we coordinated our construction efforts and right-of-way efforts with Florida Power and Light, otherwise we're going to find ourselves building something then having to tear it down or vice versa. So it's extremely important that we coordinate our efforts. Page 11 7 January 28, 2003 We might even be able to piggyback onto some of their right-of-way and reduce our right-of-way costs for some of the things that we want to do. But that doesn't address the potential disruption to many neighborhoods in that area. That area is very developed, and bringing another major transmission line through that area could be very damaging to a neighborhood, and we might even want to enter into talks about undergrounding some of that power line or transmission line. So FP&L has asked us to give some information -- our preferences on a route, but I think we need to study this route so that we understand how it will impact any of our plans. And what I would ask is that the Board of County Commissioners give the staff direction to return to us with a proposed route that we then could endorse as a Board of County Commissioners to Florida Power and Light, and I think that would have more weight than just individual preferences. So that's my first item. And I would appreciate an indication of consensus of the board. CHAIRMAN HENNING: Correct. And if the -- if we endorse it, mind you that we might get some people upset. So if you want to hear a report from the county manager in that time, direct whether you want to let our support -- COMMISSIONER COYLE: Oh, absolutely. Yeah, my intent was to ask the staff to go back and study the appropriate routes, give us a report on the implications of that, and then we could make a decision as to what we wanted to endorse. CHAIRMAN HENNING: I'm in favor of that. Commissioner Coletta? COMMISSIONER COLETTA: I have no problem-- CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I'm in favor. CHAIRMAN HENNING: Commissioner Fiala? Page 118 January 28, 2003 COMMISSIONER FIALA: And this is from the Lee County line to Golden Gate Parkway? COMMISSIONER COYLE: Yes, yes. It's going through a-- COMMISSIONER FIALA: Thank you. COMMISSIONER COYLE: -- a lot of Collier territory. COMMISSIONER HALAS: Right. And we may be able to tie it in, like you said earlier, Commissioner Coyle, with a -- possibly with a road going -- COMMISSIONER COYLE: With a road, yeah. COMMISSIONER HALAS: Exactly. COMMISSIONER COYLE: That would be wonderful. COMMISSIONER HALAS: Right-of-way that way with another road. COMMISSIONER COYLE: Now, on a different but perhaps related issue, one of the items on our agenda today observed that we do not have in Collier County a -- an economic development plan in our Growth Management Plan. I think it would be appropriate that we have an economic development plan for Collier County. Certainly the economy is important to the future of our county. And I would ask that we also ask the staff to develop for us some approaches as to how we might be able to do this, whether we have one developed in coordination with the EDC and then we could review what they have developed and then, perhaps, incorporate it into our Growth Management Plan. But we are constantly trying to address industry and encourage people to come here and create higher paying jobs. It seems to me that if we're really serious about that, we should have a plan to do it. And it might very well be something EDC has already developed that we might want to adopt. COMMISSIONER HALAS: I think they're working on something right -- like that now at the present time. But I think it ought to be in conjunction with the county so that we make sure that Page 119 January 28, 2003 it fits well with the Growth Management Plan. CHAIRMAN HENNING: My question is how many other counties have put this into the Growth Management Plan, and then estimate a cost to amend the Growth Management Plan to put it in it. Where it the money going to come from? COMMISSIONER COYLE: The -- well, first of all, I can't answer that question, but there is no necessity that it be put into the Growth Management Plan. All I'm suggesting is that we have a plan, and then we can make a decision whether or not we want to make it part of the Growth Management Plan. My problem is, I'm not aware of an economic development plan that has ever been approved by this board, and I think that it would be a good thing to do, even if it isn't placed in the Growth Management Plan. But if you find that it is an appropriate thing to do based upon the staffs recommendation, we could take that action, otherwise we just have it as a separate plan. CHAIRMAN HENNING: Okay. Would it be more appropriate to ask the EDC to develop some language for us since we give them a half a million dollars a year? MR. MUDD: Plus, Commissioner, you have a representative on the horizon committee for the economic -- how we doing, Commissioner Halas? COMMISSIONER HALAS: That's right. MR. MUDD: And we have a representative that works on that particular task force. So I think the staff talking to EDC, and at the same time Commissioner Halas talking to that group that he participates with, is trying to bring new businesses in, would be a good approach, and we can figure out how far we have to go in order to get that plan developed, and maybe it does exist. But I -- as a plan per se, I haven't seen it since I've been here, okay? I mean, it's been some goals for the EDC, what they -- and industries that they want to bring in. Maybe it's a -- it's the chance to Page 120 January 28, 2003 put it in a box and put a bow on it and call it an official plan, but we'll take a look at that and we'll come back to the board and give you an idea of how much more work we have to do in order to make it happen. COMMISSIONER HALAS: Because there's a lot of good businesses out there that I think -- that don't even look at what we have to offer, and we need to basically have a shopping list for the people that would be interested in getting involved with Collier County and bringing their business down here so they know what we have to offer them as far as agreements or whatever else, to entice them to come down here. CHAIRMAN HENNING: Okay. COMMISSIONER HALAS: And I think that needs to be -- we need to address that, yes. CHAIRMAN HENNING: Anything else, Commissioner Coyle? COMMISSIONER COYLE: No, nothing more, no. Item #15E COMMISSIONER HENNING RE POLICY CONSIDERING CHANGE ORDERS AND REQUEST FOR QUALIFICATION EROCRSS (RQP) CHAIRMAN HENNING: Okay. I have a few things. A while ago at one of our workshops Commissioner Coyle brought up the topic about change orders to capital improvements in Collier County and directed our staff to put some criteria around change orders, and I think it was a percentage of 10 percent, what he was asking for. I would like to see the board take action in a regular meeting directing staff to bring back, whether it be through an ordinance or an Page 121 January 28, 2003 employee, insert it in an employee -- the handout, wherever the proper venue is -- is to implement that. Any change orders giving staff the ability to -- up to 10 percent of the original contract, correct? Go ahead. COMMISSIONER COYLE: Yeah. It was broken down by level of staff responsibility. CHAIRMAN HENNING: Yeah. COMMISSIONER COYLE: But just so the people understand the importance of your suggestion, it also included some other things with respect to how a change order was reviewed and approved and the statements that must be made and certified by the staff members before it gets approval, as well as one final element, which was very, very important, and that was the requirement that these procedures be placed in the contract so the contractors themselves know if these procedures are not followed for a change order, they don't get paid. And I think that's been done. MR. MUDD: Yes, sir. COMMISSIONER COYLE: Is it -- is it in the -- MR. MUDD: I guess what Commissioner Henning is wanting, from what I can understand, is he wants the policy to come back for our blessing. COMMISSIONER COYLE: Approval, okay. MR. MUDD: We're already implementing, but we'll bring that back. COMMISSIONER COYLE: Sure. CHAIRMAN HENNING: And also I think it's important for us to take a look at the RFQ process, request for qualification, and staff then ranks those one to five or whatever -- how many people participate in the qualification, and then from there, they negotiate with the top qualifier of whatever, you know, capital improvement we make on negotiating a contract. And I think that we need specific guidelines for our staff to -- under that criteria of negotiating with a Page 122 January 28, 2003 contractor. We are doing a lot of capital improvements in Collier County. Don't want to tie the hands of the county manager, but we do want to -- I think that we need to get a little bit better handle on the process ofRFQs and RFPs. You see where I'm coming from? MR. MUDD: Yes, sir. CHAIRMAN HENNING: Everybody agree? Yeah? COMMISSIONER COLETTA: Yeah. COMMISSIONER FIALA: I had a comment on your first one about the 10 percent change order and staff just making that recommendation. And one of the thing that concerns me is 10 percent of $40 million is four million bucks, and so as we go back and talk about it, I'd like to address that concern, please. CHAIRMAN HENNING: Okay. You're correct. That's a lot of money. Commissioner Halas, do you have anything to add to -- COMMISSIONER HALAS: Well, I just want to make sure that we don't ask for something that we can't produce here, because we want to make sure that we don't tie staffs hands, but yet we want to make sure that the accountability is there. So I guess what we've got to do is we've got to find that happy medium so we don't tie up the process and waylay some projects that are in the pipeline. So I guess what I'm saying here is that -- CHAIRMAN HENNING: We got what you said. COMMISSIONER HALAS: Okay. Let's make sure -- CHAIRMAN HENNING: Did you get that, Mr. Mudd? What Commissioner Halas is saying is that we don't want to tie the hands on you, but we want to be -- COMMISSIONER HALAS: Accountability. CHAIRMAN HENNING: -- responsible, accountable to the process. COMMISSIONER HALAS: So we've got to find a happy Page 123 --~-"""'-'"'~---'~--'--'~' ....,.......",...---.-.... ---- January 28, 2003 medium here. CHAIRMAN HENNING: Okay. No further business, I'm going to adjourn this meeting. We're adjourned. * * * * * Commissioner Coy Ie 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 APPLE DEVELOPMENT CORPORATION REQUESTING AN IMPACT FEE REFUND IN THE AMOUNT OF $3,327 FOR A H.OME1.0CATED AT ~7~1 COffiLAN.F Item #16A2 JOEL E. METTS, GENERAL CONTRACTOR REQUESTING AN IMPACT FEE REFUND IN THE AMOUNT OF $3,713.82 FOR A E.R.OEERIYJ.OCATED AT 26R~ - 60TH A V~ Item #16A3 RESOLUTION 2003-39, AUTHORIZING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN MAR.SH.l..IN..I" Item #16A4 FINAL PLAT OF "FOREST PARK PHASE III" - SUBJECT TO CONSTRUCTION AND MAINTENANCE AGREEMENT, Page 124 January 28, 2003 Item #16A5 FINAL PLAT OF "TUSCANY RESERVE" - SUBJECT TO CONSTRUCTION AND MAINTENANCE AGREEMENT, Item # 16A6 FINAL PLAT OF "VENEZIA GRANDE ESTATES" - SUBJECT TO CONSTRUCTION AND MAINTENANCE AGREEMENT, Item#16A7 FINAL PLAT OF "JASMINE LAKE - A" - SUBJECT TO CONSTRUCTION AND MAINTENANCE AGREEMENT, Item #16A8 FINAL PLAT OF "MASTERS RESERVE, PHASE II" - SUBJECT TO CONSTRUCTION AND MAINTENANCE AGREEMENT, Item #16A9 THREE YEAR AGREEMENT WITH THE COLLIER COUNTY HUNGER AND HOMELESS COALITION TO BECOME THE LEAD AGENCY FOR THE ANNUAL HUD CONTINUUM OF Page 125 January 28, 2003 Item #16A10 RESOLUTION 2003-40, SUPPORTING PROPOSED LEGISLATION FOR CONSIDERATION BY THE 2003 FLORIDA LEGISLATURE TO EXTEND THE DEADLINE ALLOWING RURAL ENTERPRISE ZONES TO EXPAND THEIR JURISDICTIONAL BOUNDARIES AND REDUCING THE REQUIRED MINIMUM PURCHASE PRICE FROM $5,000 TO $500 FOR ELIGIBILITY UNDER THE ENTERPRISE ZONE Item #16A11 HIRE DATE AMENDED FROM APRIL, 2003 TO FEBRUARY, 2003 FOR TWO NEW PLANNER POSITIONS IN THE COMPREHENSIVE PLANNING SECTION OF PLANNING SERYlCFS Item #16A12 RESOLUTION 2003-41, SUPPORTING MARCH PERFORMANCE, INC., AS A QUALIFIED APPLICANT PURSUANT TO S.288.106, FLORIDA STATUTES; AND PROVIDING AN APPROPRIATION OF $32,000 AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY (QTI) TAX REFUND PROGRAM FOR FISCAL YEARS 2004 IHROlIGH.2007 Item #16B1 RESOLUTION 2003-42, AUTHORIZING SIGNING AND Page 126 January 28, 2003 SUBMISSION OF A FEDERAL TRANSIT AGENCY 49 U.S.C. Item #16B2 RESOLUTION 2003-43, AUTHORIZING SIGNING AND SUBMISSION OF A FEDERAL TRANSIT AGENCY 49 U.S.C. Item #16B3 RESOLUTION 2003-44, AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR STATE ill ,OCKDRANI...EllNDS Item #16B4 BID #03-3457 FOR THE PURCHASE OF ONE (1) 15 CY DUMP TRUCK, DIESEL - AWARDED TO WALLACE INTERNATIONAL TRUCKS, INC. IN THE AMOUNT OF $77,222 00 Item #16B5 BID #03-3458R, ANNUAL CONTRACT FOR THE PURCHASE OF LIMEROCK AND FILL MATERIAL - AWARDED TO AGGRISOURCE, FLORIDA ROCK, BIG ISLAND, SOUTHERN SAND AND STONE AND HARMON BROTHERS IN THE Page 127 January 28, 2003 Item #16B6 CHANGE ORDER NO. 1 IN THE AMOUNT OF $71,155 FOR THE CONSTRUCTION ENGINEERING AND INSPECTIONS SERVICES BY PBS&J, INC. FOR GOODLETE-FRANK ROAD (PINE RIDGE ROAD TO V ANDERBIL T BEACH ROAD) FOUR Item #16B7 BUDGET AMENDMENT RECOGNIZING ADDITIONAL REVENUE FOR THE COLLIER COUNTY TRANSPORTATION Item #16Cl UNDERGROUND CONDUIT INSTALLATION AGREEMENT WITH FLORIDA POWER & LIGHT CaMP ANY FOR THE SOUTH COUNTY WATER RECLAMATION FACILITY Item #16C2 DEVELOPER CONTRIBUTION AGREEMENT WITH DIVOSTA AND COMPANY, INC., AND ISLANDW ALK DEVELOPMENT Item #16C3 INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES TO Page 128 January 28,2003 Item #16C4 WORK ORDER WITH COASTAL PLANNING & ENGINEERING FOR A SAND SEARCH FOR THE RE-NOURISHMENT OF Item #16C5 WORK ORDER WITH COASTAL PLANNING & ENGINEERING FOR A HARD-BOTTOM INVESTIGATION AS PART OF THE Item #16C6 RE-APPROPRIATE THE BALANCE OF UNSPENT FUNDS RELATED TO NORTH WELLFIELD IMPROVEMENTS IN THE Item #16D1 CONVEYANCE OF DOCUMENTS TO FLORIDA GOVERNMENT AL UTILITY AUTHORITY OF WATER UTILITY FACILITIES LOCATED AT THE GOLDEN GATE COMMUNITY CENTER ANNEX, - COST OF RECORDING Item #16D2 CONVEYANCE OF EASEMENTS TO FLORIDA POWER & LIGHT COMPANY AND SPRINT-FLORIDA, INC. - COST OF Page 129 January 28, 2003 Item #16D3 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE COLLIER COUNTY EMERGENCY MEDICAL Item #16E1 RESOLUTION 2003-45, AUTHORIZING THE EXECUTION OF LIMITED USE BARE LICENSE AGREEMENTS FOR THE 2003 CALENDAR.YEAR Item #16E2 BID #03-3449 FOR PREPARATION AND DELIVERY OF TITLE COMMITMENTS AND REAL ESTATE CLOSING SERVICES- AWARDED TO THE SEVEN FIRMS AS LISTED IN THE Item #16F1 PAYMENT OF THE VOLUNTARY SPECIAL ASSESSMENT FOR LOBBYING SERVICES RELATED TO THE IMPLEMENTATION OF (ARTICLE V/REVISION 7) STATE COURT FUNDING TO THE FLORIDA ASSOCIATION OF Item #16F2 RESOLUTION 2003-46, REGARDING REIMBURSEMENT OF COSTS RELATING TO THE ACQUISITION AND Page 130 January 28, 2003 CONSTRUCTION OF VARIOUS COUNTY TRANSPORTATION Item #16Hl PAYMENT IN THE AMOUNT OF $85 FOR COMMISSIONER HALAS TO ATTEND THE ECONOMIC DEVELOPMENT COUNCIL INSTALLATION OF OFFICERS AND OUTSTANDING VOLUNTEER AWARD DINNER TO BE HELD Item #16H2 - Withdrawn PAYMENT IN THE AMOUNT OF $25 FOR COMMISSIONER HALAS TO ATTEND LAKE TRAFFORD'S BRIGHT FUTURE EVENT ON JANUARY 24,2003 AT PEPPER RANCH AND ERESERYF. Item #1611 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REEERRED The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 131 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 28, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. 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 for December 14, 2002 through December 20, 2002. 2. Disbursements for December 30, 2002 through January 3, 2003 B. Districts: 1. Cedar Hammock Community Development Agency - Minutes of August 12,2002; Final Operations Budget FY 2003; Unaudited Financial Report Dated July 31,2002 and Schedule of Regular Meetings FY 2003. 2. Port of the Islands Community Development District - Minutes of November 15, 2002; Minutes of October 18, 2002; and Unaudited Financial Report Dated October 18,2002. 3. Key Marco Community Development District - Minutes of November 7, 2002. C. Minutes: 1. Productivity Committee Advisory Board - Minutes of November 20, 2002. 2. Collier County Planning Commission - Agenda for December 19, 2002, Minutes of November 21,2002; Agenda for January 2, 2003, Minutes of December 5, 2002, Agenda for December 5, 2002; Minutes of November 7,2002. 3. Citizens Advisory Task Force - Advisory Recommendations; Agenda for December 12,2002; Minutes of of December 12,2002; Agenda for September 12, 2002, Minutes of September 12, 2002. CC CDBO Citizens Advisory Task Force - Agenda for May 9, 2002, Minutes of May 9, 2002. 4. Parks and Recreation Advisory Board - Agenda for December 18, 2002, Minutes of November 20, 2002. H:DatalFormat 5. Affordiable Housing Commission Advisory Committee - Minutes for January 17,2001, January 18,2002, Agenda for Feb. 6,2001, Feb. 15, 2001, March 15,2001, Minutes for March 15,2001, Agenda for AprilS, 2001, April 19, 2001, May 9, 2001, October 18,2001, Minutes of October 18,2001, Agenda for November 15,2001, Minutes of November 15, 2001, Minutes of Dec. 13,2001, December 20,2001, Agenda for January 17, 2002, Minutes of Jan. 17, 2002; Agenda for February 21, 2002, Minutes of Feb. 15,2002; Minutes of March 21,2002, April18, 2002, Agenda for May 9, 2002, Agenda for September 19,2002, Minutes of September 19, 2002; Agenda for October 17, 2002, Minutes of October 17,2002. 6. Collier County Airport Authority - Minutes of November 18,2002; Agenda for December 9, 2002; Minutes of October 14, 2002. 7. Citizens Corps Advisory Committee - Agenda for November 21, 2002. 8. Community Character Smart Growth Advisory Committee - Agenda for November 14,200; Minutes of November 14,2002; Agena and Minutes of October 15, 2002. 9. Historical & Archaeological Preservation Board - Agenda for December 18, 2002; Minutes of November 20, 2002. 10. Immokalee Enterprise Zone Development Agency Board - Minutes of September 26, 2002. 11. Development Services Advisory Committee - Agenda for January 8, 2003; Minutes of December 4,2002. 12. Health and Human Services Advisory Committee - Agenda for October 17, 2002; Minutes of October 17, 2002. 13. Isles of Capri Fire/Rescue Advisory Board - Minutes of December 5, 2002. 14. Collier County Library Advisory Board - Agenda for December 18, 2002; Minutes of October 23, 2002. 15. Lake Trafford Restoration Task Force Meeting - Minutes of November 22,2002 and January 8, 2003. 16. Workforce Housing Advisory Committee - Minutes of Octoher 28. 2002~ Minutes of November 4,2002 17. Lely Golf Estates Beautification Advisory Committee - Agenda for November 21,2002; Minutes of October 17,2002. H:Data/Format 18. Parks and Recreation Advisory Board - Agenda for November 20, 2002; Minutes of October 9, 2002. 19. Collier County Hispanic Affairs Advisory Board - Notice of Meeting Agenda - November 20, 2002. 20. Pelican Bay Advisory Board - Agenda for December 4, 2002. 21. Immokalee Beautification M.S.T.U. Advisory Committee - Agenda for January 15,2003; Minutes of November 20,2002. 22. Forest Lakes Roadway & Drainage M.S.T.U. - Advisory Committee- Minutes of November 22, 2002; Minutes of December 13, 2002. 23. Radio Road Beautification M.S.T.U. - Advisory Committee - Minutes of November 19,2002; Agenda for December 17,2002. 24. Bayshore Gateway Triangle Local Redevelopment Advisory Board - Agenda for December 11, 2002. 25. Productivity Committee Meeting Minutes of October 16,2002. 26. Golden Gate Beautification Advisory Committee - Agenda December 10, 2002; Minutes of November 12, 2002. 27. Environmental Advisory Council- Agenda for December 4, 2002; Minutes of October 16,2002, January 8, 2003, Minutes of December 4, 2002. 28. Hearing Examiner Committee - Minutes of April 17, April 24, 2002, May 15, 2002, June 26, 2002; August 26, 2002. 29. Minutes from a workshop on April 12, 2001. 30. Bayshore Beautification M.S.T.U. - Agenda for January 8, 2003; Minutes of December 11,2002. 31. Vanderbilt Beach M.S.T.U. - Agenda for January 9, 2003; Minutes of December 5, 2002 D. Other: 1) Friends of the Library Group Annual Reports submitted by John Dunnuck, Public Services Administrator. H:Data/Format January 28,2003 Item #16Kl STIPULATED FINAL JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 128 IN THE LAWSUIT STYLED COLLIER COUNTY V. NORTH NAPLES UNITED METHODIST CHURCH, INC., ET AL., CASE NO. 02-1742-CA (GOODLETTE FRANK ROAD PROJECT - PINE RIDGE TO VANDERBILT BEACH ROAD PROJECT #60134) - STAFF TO Item #16K2 STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF A ROAD EASEMENT DESIGNATED AS PARCEL 128 IN THE LAWSUIT STYLED COLLIER COUNTY V. GERALD A. MC HALE, JR., SUCCESSOR TRUSTEE UNDER UNRECORDED LAND TRUST AGREEMENT DATED 12/10/92 (PINE RIDGE ROAD BETWEEN CR 31 AND LOGAN BOULEVARD, PROJECT NO. 60111) - STAFF TO DEPOSIT Item #16K3 THREE AGREED ORDERS WITH RESPONDENT SPRINT- FLORIDA, INC., F/K/A UNITED TELEPHONE COMPANY OF FLORIDA ("SPRINT")WITH RESPECT TO (1) PARCEL 178b IN THE LAWSUIT STYLED COLLIER COUNTY V. ROBERTO BOLLT, ET AL., CASE NO. 02-2217-CA; AND (2) PARCEL NO. 182 IN THE LAWSUIT STYLED COLLIER COUNTY V. LAZARO HERRERA, ET AL., CASE NO. 02-2211-CA; AND (3) PARCEL NO. 188 IN THE LAWSUIT STYLED COLLIER COUNTY V. GJR OF NAPLES, INC., ET AL., CASE NO. 02-2212- Page 132 January 28,2003 CA (ALL THREE AGREED ORDERS CONCERN IMMOKALEE R 0 A Il.ER.OlE.CT #6001 R) Item #16K4 BUDGET AMENDMENT FOR OUTSIDE COUNSEL AND PROFESSIONAL SERVICES IN SUPPORT OF RESOLUTION 2002-428 EXPRESSING CONCERNS REGARDING THE ACQUISITION OF THE MARCO ISLAND/MARCO SHORES UTILITY SYSTEM BY THE FLORIDA WATER SERVICES AI.IIHORITy Item #16K5 - Moved to Item #12C Item #16K6 STIPULATED ORDER OF TAKING AND FINAL JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 129 IN THE LAWSUIT STYLED COLLIER COUNTY V. NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT, ET AL, CASE NO. 02-1702-CA (GOODLETTE-FRANK ROAD PROJECT #60134) - STAFF TO DEPOSIT $9,739 INTO THE REGISTRY OF IHF COUlIT Item #16K7 OFFER OF JUDGMENT TO RESPONDENT TEMPLE GROVE PARTNERSHIP, JOHN A. PULLING, TRUSTEE, AlK/A TEMPLE CITRUS GROVE FOR BUSINESS DAMAGES TO PARCEL NO. 104 IN THE AMOUNT OF $3,000 IN THE LAWSUIT STYLED COLLIER COUNTY V. JOHN A. PULLING, JR., TRUSTEE OF A LAND TRUST DATED JANUARY 2,1992, ET AL., CASE NO. Page 133 January 28, 2003 02-1908-CA (LIVINGSTON ROAD PROJECT; PINE RIDGE ROAD TO IMMOKALEE ROAD) - STAFF TO DEPOSIT $3,000 Item # 1 7 A RESOLUTION 2003-47, RE PETITION V A-2002-AR-2848, RICHARD D. yaV ANOVICH, OF GOODLETTE, COLEMAN & JOHNSON, P.A., REPRESENTING M.L.S. OF NAPLES, INC., REQUESTING A 6.1 FOOT VARIANCE FROM THE REQUIRED 10 FEET TO 3.9 FEET FOR AN EXISTING SIGN AND A 2.2 FOOT VARIANCE FROM THE REQUIRED 5 FEET TO 2.8 FEET FOR AN EXISTING FLAGPOLE, FOR PROPERTY LOCATED Item #17B RESOLUTION 2003-48, RE PETITION A VPLAT2002-AR3474 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 20 FOOT WIDE MAINTENANCE EASEMENT LOCATED ALONG THE REAR OF LOT 86, ACCORDING TO THE PLAT OF "MOON L.AKEJ.lNlT ~" Item #17C RESOLUTION 2003-49, RE PETITION A VPLAT2002-AR2704 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN ALL OF THE PLATTED CONSERVATION EASEMENT LOCATED ON LOT 73, ACCORDING TO THE PLAT OF "SOUTHPORT ON THE BAY UNIT ONE" AND TO ACCEPT A RELOCATION Page 134 January 28,2003 CONSERVATION EASEMENT OVER A PORTION OF SAID LOT 7?, Item #17D RESOLUTION 2003-50, RE PETITION A VPLA T2002-AR2593 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 7.5 FOOT WIDE UTILITY EASEMENT LOCATED ALONG THE EAST LINE OF LOT 52, BLOCK 72, ACCORDING TO THE PLAT OF " " Item #17E RESOLUTIONS 2003-51 THROUGH 2003-60 RELATIVE TO TEN "PUD" SUNSETTING PROJECTS", CRESTWOOD PUD, PARKWAY PLACE PUD, WATERFORD ESTATES PUD, VFW PUD, MYRTLE WOODS PUD, ORANGE BLOSSOM GARDENS PUD, SUNSHINE VILLAGE PUD, MICELI PUD, GARDEN WALK VILLAGE PUD, P ARKW A Y CENTER PUD (RESPECTIVEL Y) WHICH HAVE NOT COMMENCED CONSTRUCTION, AS DEFINED IN SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) AND HAVE NOT SUBMITTED AN AMENDMENT APPLICATION PURSUANT TO THE RESOLUTIONS ADOPTED BY THE ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:30 p.m. Page 135 '__~" _ ,~_~.~_".___.....u_..,. January 28, 2003 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTR~ . ~rJL--~ TOM HENNING, Chairm ATTesr~'~~:'~'\,\\, D~~~t~~fi~~K,CLERK .: r".C>... J~>::'~7't.~;\...'Q- I" Attest as to Cha1rUA'S , l?:.o!\ ";""';';',,:-:~ "'~', s1gnatur ~1 ; 1..~ E ~'~!'.,.~:~~.,5... <:,j'~~..~ ::~ ~ t vn J. :. 1 ,:. ;:. ,:~,;;1;;1: ~ . l)~~~~~~9~ ~C II ...-:)... .... ...~~.. ,"' I j " .!),' . .... . .. . (':J~:;. TiK:s'~ffiiil1ifes approved by the Board on aj as 103 as presented ~ or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY TERRI LEWIS, RPR Page 136