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BCC Minutes 02/11/2003 RFebruary 11, 2003 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, February 11, 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 February 11, 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 CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY 1 February 11, 2003 FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. e 3e e e LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE A. Associate Pastor Roy Fisher, First Baptist Church of Naples AGENDA AND MINUTES Ae Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. January 14, 2003 - Regular Meeting SERVICE AWARDS PROCLAMATIONS PRESENTATIONS PUBLIC PETITIONS Ae This item continued from the January 28~ 2003 BCC Meeting. Public Petition request by Mr. Jim Kramer to discuss Selective Non-Enforcement of the Collier County Sign Ordinance. Be Public Petition request by Mr. Jim O' Shea to discuss a modification of the license of The Willough at Naples. Ce Public Petition request by Dr. Theodore Raia to discuss site plan for Cap d'Antibes at Waterpark Place in Pelican Bay. De Public Petition request by Mrs. Julie Sturdivent to discuss a proposed public neighborhood park in Livingston Woods. 2 February 11, 2003 go Public Petition request by Mr. Larry Basik to discuss sign and school bus shelter in R.O.W. located at 14th Street and Cypress Woods Drive. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS Ae This item has been continued from the December 17, 2002 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2001-AR- 1649, Robert L. Duane, of Hole Montes Inc., representing Craig D. Timmins, Trustee, requesting a rezone from RSF-3 to C-1 for property located South of Immokalee Road on the East side of Veterans Park Drive, in Section 26, Township 48 South, Range 25 East, Collier County, Florida. Be This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition No. CP-2000- 6, Growth Management Plan Amendments for the Immokalee Road/Collier Boulevard Area (Heritage Bay Development of Regional Impact) to establish the "Urban-Rural Fringe Transition Zone Overlay" for Sections 13, 14, 23, 24, T48S, R26E, Collier County, Florida, by: Amending the Future Land Use Element and Map Series; amending the Sanitary Sewer Sub- Element of the Public Facilities Element; amending the Potable Water Sub- Element of the Public Facilities Element; amending the Water and Sewer Service Boundary Map of the Public Facilities Element; providing for severability; and, providing for an effective date. (Adoption Hearing-Dh- Related Amendment) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Land Acquisition Committee. B. Appointment of member to the Collier County Planning Commission. C. Appointment of members to the Collier County Code Enforcement Board. D. Appointment of member to the Workforce Housing Advisory Committee. 3 February 11, 2003 ge Confirmation of members to the Collier County Coastal Advisory Committee. 10. COUNTY MANAGER'S REPORT Al* Adoption of a Resolution opposing discrimination against all citizens of Collier County. (Debbie Wight, Assistant to the County Manager) Be Adoption of Resolutions authorizing the issuance of Collier County, Florida Gas Tax Revenue Bonds, Series 2003 in order to effect such financing and refinancing; providing certain terms and details of said bonds, including authorizing a negotiated sale of said bonds; delegating certain authority to the Chairman for the execution and delivery of a purchase contract; appointing the Paying Agent and Registrar for said bonds; and providing an effective date. Copies of the Gas Tax Revenue Bond is on display in the County Manager's Office, 3301 East Tamiami Trail, 2nd Floor, W. Harmon Turner Building, Naples. (Michael Smykowski, Director, Office of Management and Budget) Ce Approve the "Orangetree Government Service Day" Event and related Budget Amendment. (Jim Mudd, County Manager) De Approve payment of construction cost differential to Florida Power and Light for underground electrical distribution lines in lieu of overhead power distribution lines along 91 st Avenue North, not to exceed $60,000. (Joseph Schmitt, Administrator, Community Development) me Staff requests the Board of County Commissioners adopt a Resolution repealing Resolutions pertaining to Land Acquisition, delay acceptance of recorded easements for Whippoorwill Lane and clarify Collier County's position. (Norman Feder, Administrator, Transportation Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT Ae Presentation by staff to Board of County Commissioners for its review of a proposed settlement offer in the Companion Impact Fee Collection Cases of Collier County v. Nationwide and Nationwide v. Collier Coun _ty. 4 February 11, 2003 13. Consideration of approval of Settlement Agreement and Mutual Release for previously unpaid educational, community and regional parks and library impact fees for Arden Courts at Lely Palms and Manor Care at Lely Palms. OTHER CONSTITUTIONAL OFFICERS 14. Ag Discussion regarding construction of the North County Library and the expansion of the North County Wastewater Reclamation Facility. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. Ae Potential purchase of two homes on Tropicana Boulevard to create an entrance to the proposed new high school in Golden Gate City. 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) 2) 3) Petition AVESMT2002-AR3349 to disclaim, renounce and vacate the County's and the Public's Interest in two 30 foot wide parcels of land conveyed to Collier County by separate instrument for road right-of- way, utilities and drainage, as recorded in Official Record Book 484, Page 523 and Page 525, Public Records of Collier County, Florida, located in Section 21, Township 48 South, Range 26 East. Approval of a specific expenditure for an Affordable Housing Lenders' Workshop sponsored by the Financial Administration and Housing Department. Code Enforcement Lien Resolution Approvals. 5 February 11, 2003 4) Approve 2003 Tourism Agreement with Naples Botanical Gardens for Tourist Development Special Museum Grant of $500,000. 5) Approval of one (1) Impact Fee Refund Request totaling $68,220. 6) Final acceptance of Water Utility Facilities for The Dunes, Phase 1. 7) Final acceptance of Water Utility Facilities for The Dunes, Phase 2-A. 8) Recommendation to approve the early excavation of the Lake System at the proposed Arrowhead PUD located in Section 31, Township 46 South, Range 29 East, bounded on the South and West by land zoned A-MHO, on the East by Carson Road and land zoned A-MHO, and on the North by Lake Trafford Road and land zoned agricultural. 9) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Island Walk Phase Four". io) Request to approve for recording the final plat of "Indigo Lakes Unit Six" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 11) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Two". Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Six". i3) Request to grant final acceptance sewer improvements for the final Twenty". of the roadway, plat of "Pelican drainage, water and Marsh Unit B. TRANSPORTATION SERVICES 1) Approve a Budget Amendment to recognize a developer contribution in the amount of $7,500.00 for the Wiggins Pass Road Outfall Project (Project No. 51212). 6 February 11, 2003 2) Recommendation to award Bid #03-3460 -"Purchase of One (1) 4,000 Gallon Water Truck" to Wallace International Trucks, Inc., in the amount of $92,900. 3) Approve an Easement Agreement and accept an Access Easement which is required for periodic maintenance of the Golden Gate Main Canal under the bridge constructed at 13th Street SW (Project No. 69068). Fiscal Impact: $7,360. 4) Approve Change Order No. 2 to the Immokalee Road/I-75 Interchange Construction Contract in the amount of $378,114.66 which includes a portion of work to be paid for by Brentwood Land Partners, LLC. (Project No. 66042A) 5) Approve a Change Order in the amount of $30,366.70 with Better Roads, Inc. for median improvements on Pine Ridge Road, Project No. 60016. C. PUBLIC UTILITIES 1) Approve an Easement Agreement and accept a Utility Easement for the Golden Gate Wellfield Reliability Improvements Project at a cost not to exceed $1,500.00. 2) Approve an Amendment to Work Order SC-02-45 with Surety Construction Company, for the North County Regional Water Treatment Plan Noise Abatement, Project 70063, in the amount of $10,276.69. 3) Approve a Work Order with Greeley and Hansen LLC to perform an Inflow and Infiltration Study for the South County Wastewater Service Area in the amount of $297,880, Project Number 73164. D. PUBLIC SERVICES 1) Acceptance of an additional $66,179 in State Aid to Libraries in FY03. 7 February 11, 2003 2) Award of Bid #03-3438 to Golden Gate Nursery and Sod and Leo's Sod for purchase and delivery of turf at a projected cost of $70,000. 3) Approval of contract to Sweet, an Ortivus Company, for the purchase of billing software for the EMS Department in the amount of $25,435. E. ADMINISTRATIVE SERVICES 1) To Award RFP 03-3447 "Office Supplies and Office Furniture" at an estimated annual cost of $350,000. 2) Approval of the attached Resolution providing for the Acceptance of Conveyances made in compliance with Development Commitment Requirements of all Ordinances and Agreements or as an integral part of Capital Improvement Projects and authorizing the Board of County Commissioners' Chairman, during the 2003 Calendar Year, to execute certain documents required in connection therewith. 3) Approval of a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute deeds and agreements for deed to right of interment for the purchase of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2003 Calendar Year. 4) Approval of a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, during the 2003 Calendar Year, to execute agreements, deeds and other documents required for the sale of GAC Land Trust Property. 5) Approve the Award of RFP #03-3441, "Air Filtration Services and Supplies", to Kleen Air Research, for annual air filter services in the amount of $73,000. 6) Award Bid #02-3314 for the advertising of Delinquent Real Estate and Personal Property Taxes at an annual cost of $63,680. F. COUNTY MANAGER 1) Approval of Budget Amendment Report-Budget Amendment #03-180 for $25,000 to complete several ADA related projects, including the 8 February 11, 2003 2) installation of a handicap parking area at the Law Library, and new railings at Development Services and the Marco Island Library. Approve the Local Government Access Television Policies and Guidelines. Go Ho Je Ke AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning request for approval to attend EDC Installation of Officers Dinner as serving a valid public purpose. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. COUNTY ATTORNEY 1) 2) Request that the Board of County Commissioners authorize Chairman Tom Henning to sign the attached Agreement authorizing the Collier County Sheriff's Office to have Traffic Control Jurisdiction over private roads within the Island Walk Subdivision. Recommendation that the Board of County Commissioners waive the Purchasing Policy, to the extent that is necessary, and ratify and authorize the Retention of Thomas G. Pelham, Esq., as a consultant or expert on Land Use Planning Issues in Aquaport v. Collier County, Case No. 2:01-CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida and authorize the Chairman to sign any necessary Retention Documents. 9 February11,2003 17. 3) Recommendation that the Board of County Commissioners waive the purchasing policy to the extent it may be necessary and authorize the County Attorney to hire the Firm of Carlton, Fields pursuant to the County's continuing with that firm and specifically Attorney's Marti Chumbler and Donald Hemke to defend the County in an alleged Class Action Lawsuit for Inverse Condemnation and Invalidation of Moratorium that is styled Century Development of Collier County, Inc., et al, v. Jeb Bush, et al, Case No. 03-117-CA-HDH, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, and approve funding and Budget Amendment. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. Ae CU-2002-AR-2836 Craig Smith, Owner and Operator of Naples Progressive Gymnastics, an existing facility, is seeking approval for Conditional Uses "19" and "20" of the Agricultural "A" Zoning District for Sports Instructional Schools and Camps and Sporting and Recreational Camps property located at 3275 Pine Ridge Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 10 February 11, 2003 February 11, 2003 CHAIRMAN HENNING: Call the meeting of the Board of Collier County Conunissioners to order. We're going to have the invocation given by Associate Pastor Roy Fisher from First Baptist Church, followed by the invocation (sic) led by our county manager, Jim Mudd. Would you all rise, please. MR. FISHER: Let us pray. Our loving eternal Father, we thank you for this beautiful new day, for the night of rest, and for these moments when we just pause in your presence. We know, Lord, today is going to be a busy day and a full day, and I just pray your guidance upon the county commissioners on every decision, that, Lord, they would all seek to bring honor and glory to you. Thank you for the truth of your word. Thank you for this great country in which we live and the freedoms that we enjoy. We pray your blessing upon our president, his cabinet and all in authority. Lord, in these crucial days in which we're living, we pray for supernatural wisdom and guidance in every decision that's going to be made. So, Lord, we thank you for loving us unconditionally and for blessing us beyond or deserving, and thank you for the Lord Jesus Christ who came that we might have light and might have it more abundantly, and it is in his name that we pray, amen. CHAIRMAN HENNING: Amen. Thank you. MR. MUDD: Would you face the flag and do the Pledge of Allegiance with me. (The Pledge of Allegiance was recited in unison.) Item #2A REGULAR, SUMMARY, AND CONSENT AGENDA- Page 2 February 11, 2003 APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN HENNING: Greetings, All. We're going to go through the agenda, and I'm going to ask the county attorney if he has any additions, deletions or corrections. MR. WEIGEL: Good morning, Mr. Chairman and Commissioners. No, none from the county attorney today. Thank you. CHAIRMAN HENNING: Okay. Thank you, David Weigel. County manager, Jim Mudd, do we have any additions, corrections, deletions? MR. MUDD: Yes, sir. Agenda changes for 11 February, 2003. Withdraw item 6(A), which is a public petition request by Mr. Jim Kramer to discuss selective nonenforcement of the county code -- the Collier County sign ordinance. That was at the petitioner's request. The next item is to continue item 6(C) to March 11, 2003, and that's public petition request by Dr. Theodore Raia to discuss the site plan for the Cap d'Antibes at Waterpark Place in Pelican Bay, and that's at the petitioner's request. The next item is to move item 10(C) to 9(F), and that's to approve the Orangetree Government Service Day event and related budget amendment. That was at Commissioner Henning's request, and I've talked to Commissioner Coletta about that, and he'll present that item. Next item is to move item 10(D) to 9(G), and that's to approve payment of construction cost differential to the Florida Power and Light for underground electrical distribution lines in lieu of overhead power distribution lines along 91 st Avenue North, not to exceed $60,000. That's -- that move was at Commissioner Henning's request. And I've talked to Commissioner Halas, and he'll present that item. Page 3 February 11, 2003 Next item is to continue item 13(A) to February 25th, the BCC meeting, and basically that's a discussion regarding the construction of the North County Library and the expansion of the North County Wastewater Reclamation Facility, and that was at the clerk's request. The next item is to move item 16(A)2 to item 10(F), and that's approval of a specific expenditure for Affordable Housing Lenders' Workshop sponsored by the Financial Administration and Housing Department, and that move was at Commissioner Henning's request. The last item is to move item 16(F)2 to 10(G), and that's to approve the local government access television policies and guidelines, and that's at Commissioner Coyle's request. And I have one note for clarification for the record, and this goes against item 16(A)8. A security bond in the amount of no less than $25,000 and no greater $125,000 as determined by the staff depending on the sequence and magnitude of the excavation, and that has to do with the Arrowhead PUD. That's all I have, Mr. Chairman. CHAIRMAN HENNING: Thank you. Then we'll go gown the line to Commissioner Halas. Do you have any changes on the agenda today and any disclosures on the summary agenda? COMMISSIONER HALAS: Yes. On the summary agenda, no, I don't have any disclosures. CHAIRMAN HENNING: Do you have anything on the agenda you want to change? COMMISSIONER HALAS: No, I -- other than what was brought up from the county commissioner. CHAIRMAN HENNING: Okay. Thank you. COMMISSIONER HALAS: Or county manager. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: It's early in the morning yet. No, I have no disclosures on the summary agenda, and I have Page 4 February 11, 2003 nothing to add or change. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: No, I have no changes to the agenda other than what's already been changed, and I have no disclosures for the summary agenda. CHAIRMAN HENNING: Commissioner Coyle -- Carter -- Coletta. I'm sorry. I'll get it together here shortly. Where's my coffee? COMMISSIONER COLETTA: Commissioner Coletta has no changes for the agenda and no -- nothing to declare on the summary agenda. CHAIRMAN HENNING: Entertain a motion to approve the agenda. COMMISSIONER COLETTA: So move. COMMISSIONER COYLE: So -- second. CHAIRMAN HENNING: As amended. We have a motion by Commissioner Coletta, second by Commissioner Coyle, approval of the agenda. 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. Page 5 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 11, 2003 WITHDRAW ITEM 6A: Public Petition request by Mr. Jim Kramer to discuss Selective Non-Enforcement of the Collier County Sign Ordinance. (Petitioner request.) CONTINUE ITEM 6C To March 11, 2003 BCC Meeting: Public Petition Request by Dr. Theodore Raia to discuss site plan for Cap d'Antibes at Waterpark Place in Pelican Bay. (Petitioner request.) MOVE ITEM 10C to 9F: Approve the Orangetree Government Service Day" event and related budget amendment. (Commissioner Henning request.) MOVE ITEM 10D to 9G: Approve payment of construction cost differential to Florida Power and Light for underground electrical distribution lines in lieu of overhead power distribution lines along 91't Avenue North, not to exceed $60,000. (Commissioner Henning request.) CONTINUE ITEM 13A to February 25, 2003 BCC Meetinq: Discussion regarding construction of the North County Library and the expansion of the North County Wastewater Reclamation Facility. (Clerk's request.) MOVE ITEM 16(A)2 To 10F: Approval of a specific expenditure for an Affordable Housing Lenders' Workshop sponsored by the Financial Administration and Housing Department. (Commissioner Henning request.) MOVE ITEM 16(F)2 To 10G: Approve the Local Government Access Television Policies and Guidelines. (Commissioner Coyle request.) NOTES: Against 16(A)8 - A security bond in the amount of no less that $25,000 and no greater than $125,000 as determined by the staff depending on the sequence and magnitude of excavation. February 11, 2003 Item #2B REGULAR MEETING MINUTES OF JANUARY 14, 2003- APPROVED AS PRESENTED Next item is -- no service awards. We're at public petitions. And the first item is 6(B) -- COMMISSIONER FIALA: Did we approve 16? CHAIRMAN HENNING: 16(A)? COMMISSIONER FIALA: I'm sorry, I'm sorry, January 14th. CHAIRMAN HENNING: I have a motion for the -- COMMISSIONER HALAS: I'll second. CHAIRMAN HENNING: -- January 14, 2003, regular meeting. COMMISSIONER FIALA: I make that motion. COMMISSIONER HALAS: I'll second it. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala, seconded by Commissioner Coyle to approve the regular meeting on February 14th. 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 #6B PUBLIC PETITION BY MR. JIM O'SHEA DISCUSSING A Page 6 February 11, 2003 MODIFICATION OF THE LICENSE OF THE WILLOUGH AT NAPLES-DISCUSSED AND TO BE BROUGHT BACK AS A RFJGIIIJAR AGENDA ITFJM Public petitions. 6(A), public petition by -- MR. MUDD: That was withdrawn, sir, 6(B). CHAIRMAN HENNING: 6(B) was withdrawn? MR. MUDD: No, 6(A) was, sir. CHAIRMAN HENNING: 6(B), excuse me. I'm going to get that cup of coffee though. COMMISSIONER FIALA: Here, have a sip of mine. CHAIRMAN HENNING: Mr. Jim O'Shea. MR. MUDD: Mr. O'Shea is going to discuss a modification of the license of The Willough at Naples. MR. PICCIANO: Thank you, Mr. Chairman and County Commissioners. My name is John Picciano. I'm the chief executive of The Willough Hospital in Naples, and Mr. O'Shea here is our executive director. We have been managing The Willough for about three years. We have purchased The Willough in November of last year, so it's a short period of time. And we have experienced a need which I'd like to share with you. As you know the geriatric population in our country is living longer and longer, thanks to the advancement of medicine. Unfortunately, they experience a tremendous amount of losses, tremendous amount of depression. Most of these persons are treated in adult living facilities, nursing homes. We purport that they're not treated. They are overly medicated. In many cases can't find their room. In a psychiatric facility where they can be stabilized, properly medicated with the newest medications, we're able to then improve the quality of their life basically, so that's one of the needs we've Page 7 February 11, 2003 experienced in our community. Secondarily, as I see a police officer, he knows very well that mental illness is one of the underlying motivating factors why people do bad things in our communities. Without treatment, without proper medication, again, there is persistent rearrests, rap sheets, et cetera, so this problem continues on. We believe that in a psychiatric facility, as The Willough is a psychiatric facility, we'd be able to service this population not only with expert medical treatments, but also with a good sense of compassion. Understanding both Mr. O'Shea and myself have been in this business for over 30 years, so we've seen the ups and downs of mental health. We are committed to Naples, to this community. We have already the certificate of need. We have 42 beds. Our practical problem is that they are restricted to eating disorders only, which means we can treat anorexia, bulimia and compulsive overeating, better known as obesity, which I think the president is now really zeroing in on a lot of health issues also in our communities and in our country. So we're there with that. That is not problematic. The problem is we turn away an inordinate amount of people who are suffering from major depression, who are suffering from manic depression. And manic depression is a simple solution. You take lithium, you stabilize the person, and they're back to reality. It's not a complicated illness. Not treated properly, it becomes a real problem. We also want to treat, obviously, the geriatric population. We believe they deserve better than to be in an adult living facility zonked out. I don't think that's good treatment. I think -- I don't want my parents and I don't think anyone else really wants their parents in those environments not properly treated, and we purport that that's not being done. So with that in mind, we have a practical problem. The state Page 8 February 11, 2003 needs to help us lift our restrictions so that not only can we treat a multitude of mental illness, but we also don't have to overload David Lawrence Center, we don't have to have scenes at Naples Community Hospital in the emergency room when people come in and they're distraught and disturbed, et cetera. So we want to provide that to the community. We're here and we appreciate the support we hope we can get from the county and from the commissioners. And now Jim O'Shea has some of the technical components of the problem. CHAIRMAN HENNING: Okay. And thanks for the education, so just summarize -- what is your request? MR. PICCIANO: Okay. We would like to have the restriction on eating disorder lifted. CHAIRMAN HENNING: What do you want the Board of Commissions to do? MR. PICCIANO: We would like the board to support us in that, basically that the need in this community is for psychiatric treatment at The Willough Hospital. CHAIRMAN HENNING: Okay. MR. PICCIANO: That's really -- CHAIRMAN HENNING: And you want it supported by a letter or'some -- MR. PICCIANO: A letter of support. CHAIRMAN HENNING: -- so that's that just (sic) of the -- MR. PICCIANO: That's basically what we need. CHAIRMAN HENNING: -- request. Commissioner Fiala has a question. COMMISSIONER FIALA: Yes. Who placed that restriction on your license? MR. PICCIANO: That was placed -- let me refer to James. MR. O'SHEA: I guess, being specific, we are seeking to lift the Page 9 February 11, 2003 restriction -- CHAIRMAN HENNING: Your name? MR. O'SHEA: My name is James O'Shea. I'm the executive director at The Willough at Naples. CHAIRMAN HENNING: Thank you. MR. O'SHEA: We intend in the next two or three weeks to file an application with a certificate of need, Agency of Health Care Administration, to lift the restrictions that currently exist on our 42 licensed inpatient psychiatric beds. The restrictions are too tight. One, of course, as John mentioned, there's a restriction that we can only accept the diagnosis of eating disorder into those psychiatric beds. And secondly, the patient origin that 61 percent of our clients must come from out of state, 20 percent from outside District 8, and 20 percent within District 8. We believe these restrictions are burdensome, they impact us from being a community-based facility, and it -- and thus, we operate far below operating capacity because of these restrictions. They were first imposed in 1986 when The Willough sought to be a hospital. And maybe back in 1986 the realities of the market may have dictated restrictions on psychiatric beds. But today, with the closure of state hospitals, with the reduction of psychiatric beds, there is very few existing psychiatric beds in this district. We consider -- we should consider this Collier County, Lee County, and Hendry County as our primary service area. But the reality is within those -- within that area there are only 11 operating psychiatric beds which can serve a full range of the mental health clients. I refer to Naples Community Hospital for those beds. Where the northern section of District A, which includes Sarasota, Glades, DeSoto and Charlotte's 115 psychiatric beds. You can see the distribution is terribly bad. And the consequence is that people who need psychiatric help either have to travel a long distance or do not seek treatment and consequences are great. Page 10 February 11, 2003 So we seek the county's support for our application in the form of a letter of support which would greatly help us in this process. CHAIRMAN HENNING: Okay. My understanding is a public request is only to bring it back in a furore agenda, correct? Commissioner Coyle, do you have a question? COMMISSION COYLE: Yeah, that was just my comment. I am sympathetic to the objective here, but we don't have all of the facts, and I think bringing it back under a regularly-scheduled agenda would give us an opportunity to have a public hearing on this before we commit ourselves one way or the other. MR. O'SHEA: I do -- I'm sorry. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. Is this going to be open for all citizens, or is this going to be basically a private -- MR. O'SHEA: We are a private for-profit facility, but beds will be open to all citizens. We're even-- COMMISSIONER HALAS: Would you accept -- MR. O'SHEA: -- committed to Baker Acts. COMMISSIONER HALAS: Would you accept insurance policies? MR. PICCIANO: Of course. MR. O'SHEA: Yes. COMMISSIONER HALAS: Okay. MR. PICCIANO: And we also accept Medicare. COMMISSIONER HALAS: You accept Medicare? MR. PICCIANO: Yes. COMMISSIONER HALAS: Okay. MR. PICCIANO: We are a Medicare-certified facility. MR. O'SHEA: We are Medicare certified, right. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. Do you do anything as far as working with the indigent? Page 11 February 11, 2003 MR. O'SHEA: As a matter of fact, we do have, as part of the original application of The Willough back in 1986, they pledged, four percent of their net revenue would be to the indigent who didn't have care. We've continued to meet that objective. We would continue in the future, at least four percent of our net revenue would be devoted to the indigent. COMMISSIONER COLETTA: I would think that would be a good idea to bring it back. I'm in -- CHAIRMAN HENNING: We've got two for, for bringing it back. COMMISSIONER HALAS: We're bringing it back. CHAIRMAN HENNING: Okay. MR. O'SHEA: I have a handout I can hand out as well, which kind of explains -- CHAIRMAN HENNING: to bring it back. You'll have to -- we'll -- we're going MR. PICCIANO: That would be fine. We appreciate your time today. Thank you. CHAIRMAN HENNING: Thank you. MR. O'SHEA: Thank you very much. CHAIRMAN HENNING: So we've got some direction to bring it back. Item #6D PUBLIC PETITION REQUEST BY MRS. JULIE STURDIVENT TO DISCUSS A PROPOSED PUBLIC NEIGHBORHOOD PARK IN LIVINGSTON WOODS-DISCUSSED AND TO BE BROUGHT BACK AS A REGIJI.AR AGENDA ITEM Next item is 6(D), public petition by Ms. Julie Sturdivent to discuss proposed Livingston Wood Park, neighborhood park. Ms. Page 12 February 11, 2003 Sturdivent? Mr. Mark Sturdivent is here. MS. FILSON: Mr. Chairman, I have two speakers on this issue in addition to Mr. Sturdivent. CHAIRMAN HENNING: You have -- I'm sorry? MS. FILSON: I have two speakers in addition to -- CHAIRMAN HENNING: Okay. MS. FILSON: -- Mr. Sturdivent. CHAIRMAN HENNING: Are they from the neighborhood? Otherwise -- MS. FILSON: Well, one is Julie Sturdivent and one is Martie Lesson. CHAIRMAN HENNING: Okay. MR. STURDIVENT: I can speak for Julie. CHAIRMAN HENNING: Right. And then I'm going to go ahead and grant that. MS. FILSON: Okay. CHAIRMAN HENNING: Mr. Sturdivent, thank you for being here this morning. MR. STURDIVENT: Thank you. Good morning, ladies and gentlemen. My name is Mark Sturdivent. I live at 6411 Sable Ridge Lane. That's on the comer of Sable Ridge Lane and Soll Street. Thank you for the opportunity to be here before you today. I've lived in Naples all my life. I've lived in Livingston Woods for the past 10 years. I understand I only have a few minutes to present this to you, so I'll try and be as brief as possible. It's a wonderful place to live in Livingston Woods. I have two children. I have an eight-year-old boy and 11-year-old boy. We all have two and a half to five-acre sites. I own 660 feet that is directly adjacent to the proposed park area. This 660 feet -- I'm -- being on the end of the street in our neighborhood, there are four streets that end down at our street and basically where our Page 13 February 11, 2003 neighborhood is and where this park is proposed. Being at the end of the street, we have the opportunity to see all the things that go on in the street from drag racing cars, drag racing ATVs, parks -- parties that go on down there and broken beer bottles, all kind of trash that's strewn throughout this area. We've called the police many times on this issue and try and get things taken care of and handled, but many times they can't get out there in time. The only recourse we have is to chase them off of our private property. If we turn this into a public park, we won't have the recourse to chase them off the property. It will give them a neutral place where these people can go. The property that the park is proposed for is 660 feet of fence line along 1-75. This fence line is directly adjacent to the exit area for Pine Ridge exit. It's where the traffic begins to flow into the exit. People are always jockeying for a position. They're trying to get back and forth. It's a very dangerous area directly adjacent to the park. Along this interstate section, there's been quite a few accidents where cars have run up to and tumbled into the fence at this area. Just imagine a park there with our kids and mothers playing in it and a car comes tumbling through there from the interstate, especially when we get an additional lane on the interstate. It's not a very safe place, in my opinion, to place a park. This whole thing started about three and a half years ago when a survey was placed in our mailboxes from someone who claims to be a little girl. I understand her name is Jessica Taylor. She placed a survey in our boxes. Many people looked at it. It was not an official notice. It was not mailed by U.S. Mail. It was placed in our mailboxes. Most of the people, including myself, just kind of tossed it aside and didn't give it a second thought. A few months went by and then we received a notification from the county that the county had purchased the property and was going Page 14 February 11, 2003 to be building a park there and what kind of park would you like? We held our first public meeting and there was quite a bit of response from the residents who now are aware of the project and voiced their opinion against it. I feel there was so much opposition that at the time the commission voted not to proceed with the park until they got further input on it. Another survey was done that was sent out. The survey did not have any sort of, I guess I would say, option for no park. It just said, we're going to build a park. What kind of park do you want, passive, active? What do you want in it? It didn't give an option in saying, no, they don't want a park. Again, quite a time was passed, almost a year, I understand, before the next survey was sent out. And the next survey actually said, we're proceeding with the park and we'd like to have your input. Again, what are we going to put in there? This one, however, did give the option of, do you want no park. I understand from Commissioner Henning that he got a majority of responses that said they wanted a park. Whether it was active or passive, I'm not sure of, but your records will show that. In presenting that, we began to go door to door in the neighborhood and get petitions with a simple question, do you want a park, yes, or do you want a park, no? At present, there are 155 homes in the neighborhood on five streets. We've been door to door to each these homes. We have responses from 97 homes, 87 of those houses said no; however, many of the people said, look, I'm a registered voter here, too, and I own this property as well. I want to vote as well. We have 131 signatures that say, no, they don't want a park. We have five signatures that say, yes, they do want a park. It's kind of a door to door majority, going through door to door and speaking to our people and the people in the area and finding out just exactly what we want. Page 15 February 11, 2003 Now, I grant you, some of these people originally were surveyed and said, yeah, a park would be nice. Many of these people also thought it was for the new Livingston Regional Park. A lot of people didn't understand where this park was going to be and what it was going to be. The county has a new green space program, and we feel that this would be an ideal space for the green space program. It would keep the woods between us and the interstate. There's quite a bit of wildlife in the woods from a family of fox to owls to eagles to ostrich. We've seen them there every day. Like I said, we have a majority of the park -- or the majority of people in the neighborhood who don't want to see the park. That's on our simple petition. I have a copy of it for each you if you'd like and we would like the opportunity to have this come before the commission to readdress the issue. CHAIRMAN HENNING: Okay. You want to go ahead and call the speakers? MS. FILSON: Yeah. The speaker is Martie Lesson. CHAIRMAN HENNING: And why don't we give them five minutes. Thank you. MR. STURDIVENT: Thank you. MS. LESSON: Good morning. Thank you for allowing us to speak. I do speak on behalf of quite a few people that live in Livingston Woods. I, myself, live at Bottlebrush Lane. CHAIRMAN HENNING: And your name? MS. LESSON: My name is Martie Lesson. CHAIRMAN HENNING: Thank you. MS. LESSON: And I've been a resident there for 15 years. We've heard the name Jessica Taylor so many times, and what a nice ring that little name has for many of us. And I'm sure that her ears have been ringing a lot lately also. She is the initiator of this wonderful park, and no, she does not live in Livingston Woods Page 16 February 11, 2003 anymore, however, over 100 children do. Isn't this why so many of us that were surveyed responded positively to this opportunity? I have an April 2002 letter that was sent out to many of us in the neighborhood. It's letterhead of Board of Collier County Commissioners, signed, our chairman, Mr. Tom Henning. And I just want to read a couple of excerpts from this. A neighborhood park is a wonderful addition to any area. It provides a centralized location to meet your neighbors, spend time with family and friends and creates activity for adults and children. Then he adds, I want to ensure the residents of Livingston Woods we'll utilize the park and that we accommodate your wants and needs. As we know, Commissioner Henning has dedicated many hours towards this park. And up until recently, the neighborhoods thought that we were going to proceed with it. In fact, the meeting in January just last month was arranged to primarily form a committee to plan this park, at which time the petitioner and her husband both signed up to participate. Many neighbors that several of us have spoken with in the meantime have voiced their concerns as to the unclear and improper manner in which they were approached by the petitioners concerning the efforts to block the construction of the park. After realizing that the petitioners' claims were not substantiated or factual but rather assumed and conjured up, these neighbors wanted to withdraw their signatures from the petition. In fact, Marla Ramsey, who is with our parks and recreation department, told everybody at the January meeting that there is no proof or statistics to back up claims of increased alcohol, drugs, sex, child abuse, child molestation or abduction in a community park. The petitioners mentioned some time back that a lot of us do have plenty of property for playing. But a neighborhood park is truly a chance to unify our neighborhood. Page 17 February 11, 2003 Please allow us this tremendous opportunity to proceed with our long-awaited neighborhood park and give us a chance to get to know other families in our area. Since our properties are so big, we don't know a lot of our neighbors. Last month after the meeting was over at the community center, a neighbor that I barely know, I see them in passing, came up to me, put her hands on my shoulders and she said, you know, it really doesn't matter to me one way or another if we have this park or not. Obviously my kids are older. They're grown, they're out of the house, but, she said, you know what, it seems to me like you've got a good thing going here. She said, you go for it, honey, and that's exactly what we're trying to do, to proceed with this. Thank you. CHAIRMAN HENNING: Thank you. Oh, Commissioner Fiala has a question or statement. COMMISSIONER FIALA: Not a -- yeah. CHAIRMAN HENNING: Okay. Thank you. COMMISSIONER FIALA: I just wanted to find out if I could -- I don't even know where this is. I'd like to take a ride through there. If we are going to discuss it at a future time, I'd like to know how to get there so I can take a ride through the community and look at it myself. CHAIRMAN HENNING: Well, you have my permission to do that. COMMISSIONER FIALA: Thank you. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I'm quite surprised at the turnout of people who are against this park. I know that we, a couple years ago, had a park established in our neighborhood, and I find that people of all ages use the park. It's basically a linear park. And whether they're young children or senior citizens, everybody uses the park. And we haven't really ran into any real serious problems as far Page 18 February 11, 2003 as drugs and all these other things. There were some concerns in that area, but the park has been there a couple years and we really haven't had any real problems. So I'm really surprised that the people are very -- that much concerned about it, and I'm not sure what's driving this here. MS. LESSON: I think we're pretty puzzled, too. As you know, this project has been trying to get off the ground for almost three years now. And you're all aware of the surveys that were sent out. We've had such a positive response. Almost-- like I said, I've been there for 15 years. I know a lot of people in that neighborhood. And almost everybody that I spoke with when all of this started were so excited about it, and that's why we don't know either what transpired in between this time. I cannot stress how important this is to our children. Not all of us can afford a basketball court or a tennis court or even to clear for, say, a volleyball court, which is not costly in itself other than the clearing. And I just think with all of the children that are in this neighborhood -- there's 30 kids alone just on my street, so there could be well over 100 children in this neighborhood. And I think -- I mean, it's going to be a dawn to dusk park. And granted, we were not assured that the county would come by and lock up every night, but there's plenty of neighbors that are still going by, they ride their bikes even after dark, you know, they jog. There's a lot of people that are still out that could pretty much monitor what's going on there, and there has been a problem with, I want to assume, teenagers in the neighborhoods on the weekends. I see many empty beer cans and alcohol bottles thrown there. I run or walk almost every day in the neighborhood, but-- CHAIRMAN HENNING: Thank you. MS. LESSON: -- I don't see where that would be any worse. CHAIRMAN HENNING: Great, thank you. Page 19 February 11, 2003 Next speaker? MS. FILSON: That's your final speaker. CHAIRMAN HENNING: Oh, Mrs. Sturdivent, I thought you said, signed up. MS. FILSON: I thought -- he said he was going to speak for his wife. CHAIRMAN HENNING: speak? MS. FILSON: Yes. CHAIRMAN HENNING: Okay. Did Ms. Sturdivent sign up to Okay, please. MS. STURDIVENT: Thank you. My name is Julie Sturdivent. I also live at 6411 Sable Ridge Lane, which is directly across the street from this property, which is directly along 1-75. That is one of our big issues, that it is 660 feet of fence line ofi-75 -- is not centrally located in the neighborhood. As for parks bringing in undesirables and things happening, in December there was a six-year-old abducted from the Golden Gate Park. In 2001, the paper did an article on the park in Naples Manor with the gangs who had done graffiti all over the house that was put there. They do become a hangout. We have gone to neighbors of other neighborhood parks and asked them. Their first opinion was, yes, I wanted a park. Now I wish we never would have had it. We checked the trash cans. They're full of beer bottles. The property right now on 1-75 is full of beer bottles. It's not going to stop. And putting in a public park won't stop that. It will allow a sitting place for whoever wants to be there. I really feel this is not the proper place to be putting a park. We all have acreage, as we've all said, from two and a half acres on up. People have responded they want a volleyball court, a basketball court, a tennis court. That would completely clear this property. We would be open to 1-75. Any buffer that was there and is there now Page 20 February 11, 2003 and is beautiful, full of wildlife, would be taken down. That is our request, the request of the neighborhood -- these people that said no, their concern was, I want a green space. I want this buffer from 1-75, which is going to get larger, to protect our neighborhood, and-- thank you. CHAIRMAN HENNING: Thank you. What's the will of the board? COMMISSIONER FIALA: I think we should bring it back. It's kind of hard to discuss right now. I will say that -- no, I won't say it until we bring it back. CHAIRMAN HENNING: Okay. COMMISSIONER COLETTA: I -- any time there's interest out there, there's a difference of opinion, I think that this board has an obligation to bring it back for reconsideration. I'm pretty perplexed by the situation. I would think that a park would be a positive addition to any neighborhood. By all means, if there's residents that would like to have this discussed, let's do it. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I didn't have a question. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: I will add what I was going to say. Number one, if they didn't want a park, we'd love to have it on Isle of Capri. And secondly, one of the things we found when I started getting involved with the parks many years ago, we had a crappy -- sorry about the word -- park in East Naples that -- and there was a lot of crime. It was right on Thomasson. Lot of, lot of, lot of crime. And our parks and rec people came in, put lights in there, put swing sets in there, put baseball fields in there, and what happened was, it was the least crime area in East Naples that -- the highest rate of family use in the entire park system, and all because they put a park in there that families could use instead of having nothing to do with their time. Page 21 February 11, 2003 CHAIRMAN HENNING: Thank you, Commissioner Fiala. And I hope you save those thoughts for if we do decide to bring that back. Commissioner Halas? COMMISSIONER HALAS: I'm perplexed also. Obviously there's a lot of concern here, so I'm really not sure what's driving this. But I feel that we should bring it back, and maybe we should look at, when it's brought back, look at maybe turning this into a linear park with green space and they can use it for walking or jogging and not so much for a basketball court and this other stuff. So yeah, let's bring it back. CHAIRMAN HENNING: Okay. And then staff will give a presentation, so it looks like there's a-- the majority of the board that wants to bring this back. I can just say that if we're going to make a decision because of the threat of crime, then we need to reconsider the parks and rec program in Collier County. So, county manager, please put this on a future agenda. Thank yOU. Item #6E PUBLIC PETITION REQUEST BY MR. LARRY BASIK TO DISCUSS SIGN AND SCHOOL BUS SHELTER IN R.O.W. LOCATED AT 14TM STREET AND CYPRESS WOODS DRIVE- DISCI ISSED WITH NO ACTION Next item is 6(E), request by Mr. Larry Basik to discuss a sign and a school bus shelter in the right-of-way of the 14th Street and Cypress Woods Drive. Thank you. Mr. Basik, I just want to tell you your time is running. MR. BASIK: Okay. It will be short. Page 22 February 11, 2003 Larry Basik, 2108 Evergreen Lake Court in Naples. I represent the owner, American Funding and Service Corp., and the developer, Basik Development of Hemingway Place, which is now under construction putting in the street, sewer and water for a 23-residential-home community off of Goodlette Road. Our request is basically to put a -- an arbor bus stop situation for mostly the kids that would be picked up for school at the entrance of our community and-- excuse me. CHAIRMAN HENNING: Anybody has any cell phones, beepers, would you turn them on off or buzzer so we can all enjoy the meeting. Thank you. MR. BASIK: Both the bus stop trellis arbor and the sign showing the entrance to Hemingway Place would be located in the right-of-way, and that's why we're here, because apparently there's an ordinance against any structures or signs in right-of-ways. CHAIRMAN HENNING: Okay. So just to get this understanding, you want to construct a bus shelter, school bus shelter in the right-of-way and also install a sign? And also -- right. I'm sorry. HENNING: Want me to take care of that? No, I got it. HENNING: Okay. Any questions? Wish of the MR. BASIK: CHAIRMAN MR. BASIK: CHAIRMAN board? COMMISSIONER COYLE: COMMISSIONER FIALA: COMMISSIONER HALAS: I think we should bring it back. I'll second that. I've got mixed emotions on it. CHAIRMAN HENNING: Okay. COMMISSIONER HALAS: No, I don't want to bring it back. CHAIRMAN HENNING: I don't wish to bring this back. So it looks like we got two for and two against and no comment on the other side. COMMISSIONER COLETTA: Well, no, I haven't been asked Page 23 February 11, 2003 for a comment, but I'm always happy to give one. CHAIRMAN HENNING: Well, thank you. COMMISSIONER COYLE: Is there any way to stop you? COMMISSIONER COLETTA: Not yet. I mean, that day may come. To be honest with you, I have mixed emotions on it too. I don't want to set a precedent of putting signs in the right-of-way. If it was just a -- for a shelter to be placed off the right-of-way or the far edge of the right-of-way, that might be a different thing. But a commercial sign, it's setting a precedent. Isn't this something to be handled better under a variance? No, it couldn't go under a variance. It'd have to come to us like this. MR. BASIK: We started under a variance, and then we were directed to come to the county commission. COMMISSIONER COLETTA: I'll be honest with you, I really don't think the present -- the way it's being presented here, that I would be interested in hearing it again. CHAIRMAN HENNING: Great. Well, thanks for confirming that, so -- MR. BASIK: Can I just comment on a kind of a hardship to the situation of the entry sign -- is that we have some preserve areas that we did, and our entrance to our project is actually about 200 feet off of the comer of the property here. This is where Cypress Woods tums and comes to 14th, and our project is back here. Actually the entrance gates are back here. MS. FILSON: Sir, you need to use the mike there. MR. BASIK: Okay. The problem is that our entrance is -- we couldn't put the entrance in the right-of-way, so we had to put it back in the property location. And so anyone coming in here to either service, deliver product or visiting would not have any indication of where that -- where the community is at, and that's why we feel that we either need it on the side of the right-of-way or in the center of Page 24 February 11, 2003 the right-of-way. We do have a hardship. COMMISSIONER HALAS: Do you have a street sign there? MR. BASIK: Right now there's no street sign there, no. COMMISSIONER HALAS: Well, I would assume that your homeowners' association should put up a street sign there. MR. BASIK: Well, I mean, this is our homeowners. These are existing properties that are here, so this is -- you know, right in here, I don't recall a street sign available here, but there's nothing to say that this is Hemingway Place for someone visiting or delivering product or whatever because we sit all the way back in -- this is all preserve area and preserve area here. And actually our gates are back here, so there's no way to know, you know, that Hemingway Place is there, so that's the reason for the sign. And then also, this is where the school kids will get picked up, up here, which is 200 feet away from the entrance. CHAIRMAN HENNING: Okay. MR. BASIK: Thank you. CHAIRMAN HENNING: Thank you. No further discussion on this, we'll move on to the next item. Thank you. MR. BASIK: Has it been voted on? MR. MUDD: Commissioner-- CHAIRMAN HENNING: What we have is a consensus of three commissioners that do not want to hear this and two that do, so the majority supersedes the minority, but thanks -- MR. BASIK: Okay. CHAIRMAN HENNING: -- for being with us today. Item #8A RZ-2001-AR-1649, ROBERT L. DUANE, OF HOLE MONTES INC., REPRESENTING CRAIG D. TIMMINS, TRUSTEE, Page 25 February 11, 2003 REQUESTING A REZONE FROM RSF-3 TO C-1 FOR PROPERTY LOCATED SOUTH OF IMMOKALEE ROAD ON THE EAST SIDE OF VETERANS PARK DRIVE - MOTION TO DF. NY WAS APPROVF. D MR. MUDD: Commissioner, next item is a -- RZ-2001-AR-1649, and that's Robert L. Duane of Hole Montes, Inc., representing Craig D. Timmins, trustee, requesting a rezone from RSF-3 to C-1, a property located south of Immokalee Road on the east side of Veterans Park Drive. CHAIRMAN HENNING: And if-- I would ask all participants that wish to speak on this item, please rise to be sworn in by the court reporter. Raise your right hand. (The witnesses were sworn.) CHAIRMAN HENNING: Thank you. We have some disclosure. We had this item on the -- on our agenda before. It was continued because of advertising. And any additional disclosures that I have I have in my folder. Commissioner Coletta, do you have any disclosures? COMMISSIONER COLETTA: They're also in my folder and available for public view. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I have met with representatives of the developer as well as residents in the area. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. I have a folder full of emails and phone calls, I've been out to the property and walked it with the residents in the area, and I've met with the petitioner and his representatives. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I have met with the petitioner, I have met with the residents, I have walked the property, I have Page 26 February 11, 2003 received many correspondence, both email and letters, and there was -- also been some phone calls on this. CHAIRMAN HENN1NG: Okay. And also, you were commissioner elect when this item came before the Board of Commissioners? COMMISSIONER HALAS: That's correct. CHAIRMAN HENNING: You were in attendance? COMMISSIONER HALAS: No, I was not in attendance. CHAIRMAN HENNING: You were in the audience? COMMISSIONER HALAS: No, I was not. CHAIRMAN HENNING: Okay. Since this is a continuing -- this item was heard, so I would ask for some guidance from Commissioner Halas whether it is needed for a full-blown presentation by staff and the petitioner, or do you think it's more appropriate for any new evidence, if there is any new evidence, to bring it forward today? COMMISSIONER HALAS: I think I have a fairly good understanding of the situation both from the petitioner and also from the residents. CHAIRMAN HENNING: Okay. So I think it's fair that if we -- from our staff and from the petitioner, if we have any new evidence, new findings, to please present that, then we will go to public comments. So Mr. Varnadoe? COMMISSIONER HALAS: Is the county going to get up and CHAIRMAN HENNING: No, we're going to do it -- the new procedure is, we're going to ask the petitioner to present their case and staff will be here to answer any questions on whether it's conforming with the Growth Management Plan or so on and so forth. So the request is the petitioner. Mr. Varnadoe, you're up. MR. VARNADOE: Thank you. Good morning, Chairman. For Page 27 February 11, 2003 the record, George Varnadoe, managing partner of the law firm of Young, van Assenderp, Varnadoe and Anderson. I'm here substituting today for my partner, Bruce Anderson. I've turned my phone off, but his power or persuasion, he might cause it to ring to tell me what I'm doing wrong, so we'll hope not. Also here today to address the board, Bob Duane, professional planner, and Julian Stokes, a certified appraiser, and the petitioner is Craig Timmins and Tom Taylor. As you stated, the proceeding before went through our presentation, that is the petitioners, you heard from the public, and it was continued. So we will not repeat our presentation of that hearing, I promise you. One of the real concerns the neighbors expressed at that Board of County Commissioners hearing, from my review of the transcript, was the possible devaluation of their property as a result of this project. We intuitively felt that was not correct, but we wanted to get some expert advice on that, so we hired Julian Stokes who has an MAI and a CRE and is a certified appraiser, and he will speak to that issue later if you will allow. He's prepared a written report, which I hope was part of your packet, a very short report, summarizing his findings, which were, number one, there would be no devaluation of the adjoining residential property values as a result of this project. More interestingly to me -- because I intuitively knew that. More interestingly to me was that this property was no longer viable for single-family development, and I'll go into that a little bit further. And finally, that the only other viable option would be multi-family, which, in his opinion, as he'll express, would be more impactive to the neighbors than the proposed project. One of the benefits of coming into a project like this late, and probably the only benefit, is that I'm not caught up in the trees. I'm Page 28 February 11, 2003 able to see the forest that is the big picture. And I'd like to make a few comments about my observations in that regard, if you'd allow me. First this is a true infill property. Development has occurred on all sides. As with -- and you're going to hear more of these infill projects as time goes on, as we become more of a grown-up and built-out community. And as often is with infill properties, the neighbors are used to looking at a vacant piece a land. This one with mature vegetation, and they'd like to see it remain that way. That's not going to happen in all cases, obviously. And this is one of them, and they have some concerns, and we're here to address all of their real concerns. Mr. Duane will speak further about the infill nature of this property. But as one of the planning commissioners said, and I think it was Ken Abemathy, although I'm not sure, the day for single-family uses on this parcel have come and gone. Now, why would someone make that statement? And they make that statement because it's changed conditions. Thing have changed since the 70's when this property was zoned single-family and I'd like to kind of walk through these just a little bit. This aerial, perhaps, isn't marked as clearly as it could be. But we've got Immokalee Road on the north, we've got Veterans Park Drive coming this way. The parcel in question has a -- abuts Immokalee Road, comes down, widens out here, and then has this general configuration. Changed conditions. Across Veterans Park Drive you've got the Veterans Park Commons, the commercial PUD, medical office. And my recollection -- and as I said, I haven't been involved in this file too much, but my recollection is 40-feet height limitations. They're building a large building on the comer right here. Very little in way of buffer or setbacks from the street, as is typical with commercial development. Page 29 February 11, 2003 The -- completely south of that and adjacent to this parcel is another medical PUD, commercial PUD. I understand 35-foot height limitations in that. Immediately adjoining that is the fire station in this location. That has an active, I think, 75-foot tower that all our fire departments in the area come to train on. It has a public meeting room, which they advertise. There is a blinking yellow light in this approximate location here at the access entrance to that, 24 hours a day, and, of course, you have emergency vehicles coming and going on a 24-hour basis. In here we have the North Naples Community Park. You were just talking about parks earlier. This is a very active, very successful, from the amount of usage, park. It's got the big -- and I'll use the wrong terminology, but I'll call it the old-fashioned thing, skating rink where they do the roller hockey and things of that nature. I was out there between five and six one afternoon, and I mean, it's -- things are happening everywhere. You've got a dog park down here, you've got ball fields here, you've got tennis courts in this area. It's open seven days a week till 10 o'clock at night, and at night it's fairly brightly lit. It's a very active park and very successful, and that's good. It's not a bad thing. But what it has done is make Veterans Park Drive a non-residential street. There is not a residence, not one, multi-family, single-family, any kind of family that accesses off of Veterans Park Drive. And I think that's a very, very telling comment. Things have changed, conditions have changed from the day this was zoned single-family. It just isn't going to support single-family any longer. The -- you can't see on this photograph, but I know that most of you have been on the property or have heard the presentation. There is a tributary, I guess, of the Cocohatchee River that separates and forms, actually, a property boundary between this site and the Page 30 February 11, 2003 residential area to the east. Heavily vegetated on both sides, as I think everybody has said, both their side and our side. And obviously, as you've heard before, the goal is to keep that vegetation so the buildings would not be viewed or visible from the adjoining residential properties. So what we need to find is a transitional use, that is a use that transitions from the institutional uses, the taller, more intensive medical commercial uses, to the single-family uses. And I think that Mr. Stokes will tell you very succinctly, but from my perspective as a practitioner in land use in this county for longer than I want to admit, you've got to find a use that transitions. You've got -- over here you've got this, a little more active, over here you've got single-family. They can go to 35 feet, but most of them, I think, are sing -- one story, maybe one or two-story buildings in there. They need to find something to transition, also provide a buffer for them from the very busy Veterans Park Drive. I think the project, as proposed, with the -- these constraints that have been placed upon it, which Mr. Duane will go into in detail -- I mean, these petitioners have gone as far as, you know, overseeing and trying to address concerns of the neighbors, reducing the height, increasing setbacks, no parking in the back, lighting constraints. I mean, and I'm sure I'm missing some of them, but Mr. Duane will go through them, to address the concerns of the residents. There have been four meetings with the neighbors. Unfortunately -- I think they're here today, some of them are here today, to speak to this, and they certainly have the right to do that. But we have tried to reach accommodation, and we have not been able to. What's the other alternative? The other alternative is multi-family. Your staff report said that this property would qualify for six units an acre, forgetting a density bonus for affordable housing. Six units an acre. I looked at the RMS-6 districts on this Page 31 February 11, 2003 property to see what kind of standards you have. RMS-6 allows three living floors, okay? No height restrictions. Mr. Halas, three living floors. So it could be three living floors over one level of parking, which is a typical configuration you see in condominiums or apartments. There you're talking 48 feet, perhaps, something of that nature, to the midpoint of the roof. Certainly more impactive visually and aesthetically than an 18-foot building, which we have restricted ourselves to in this proposal. Second you're going to have -- as Mr. Duane will tell you, you're going to have more mass, more activity, they're going to want to put those multi-family buildings where they have views of the creek. I certainly would if I was going to live there or develop that property. It's going to be more impactive on the lifestyle. As one of our staff will be -- remain unnamed -- told me, they need to be careful what they ask for. The commission turns this down, the only other viable use is multi-family. It's going to be more impactive on them. So sometimes you have to step up and do what's right for the community as a whole and for the property owner that owns this property also. Obviously, the Planning Commission agreed with this proposal. After some discussion of a 30-foot height, which didn't go very far, and a motion to defeat that was passed, there was a motion to approve this proposal with the 18-foot height limitation which passed nine-zip. Unanimously. As far as the constraints on the property and what we've offered the residents in the neighborhood, I'd like to ask Mr. Duane just to remind you of those, but if you'd give us a minute, Mr. Chairman, I'd like to have Mr. Stokes just very quickly summarize his findings as a professional appraiser, and then Mr. Duane tell you about the constraints and the infill nature of this property, and then we'd like a couple of minutes to obviously rebut or respond to any issues or Page 32 February 11, 2003 questions that are raised by the residents. CHAIRMAN HENNING: And I think what we're asking for is any new information. MR. VARNADOE: And that's what we're going to -- CHAIRMAN HENNING: So if Mr. Duane has met with the residents -- MR. VARNADOE: Okay. CHAIRMAN HENNING: -- that might be pertinent in the decision that we're about to make. Please do so. MR. VARNADOE: Okay. CHAIRMAN HENNING: Mr. Stokes is-- MR. VARNADOE: Obviously he's new information. CHAIRMAN HENNING: New information, so please continue. MR. VARNADOE: Any questions before I step down? COMMISSIONER HALAS: What's the -- as we look at this whole neighborhood here, what's the big plan for the -- all the way around this little community? Is the -- along Immokalee Road, is that all going to be filled in with commercial also? Let me show you where I'm talking about. What's the big plan for this area here? Is this all going to be commercial then surrounding this whole neighborhood? MR. VARNADOE: Mr. Halas -- and I'll get Bob Duane to go into more detail. My understanding, that this property outlined in black right here is the Surrey Place PUD, so that's a preapproved PUD in place. The uses there are already approved. COMMISSIONER HALAS: Right. And there's going-- so there's going to be some additional development in that area? MR. VARNADOE: I'm going to have to get Mr. Duane to answer that question for you, sir. COMMISSIONER HALAS: Okay. MR. VARNADOE: And I'd like, if you will, we'll put that and remind Mr. Duane, if he -- we'll get Mr. Stokes up, and then we'll go Page 3 3 February 11, 2003 to Mr. Duane. COMMISSIONER HALAS: Okay. MR. VARNADOE: Thank you. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. If I may, would you give me a little more detail on the buffer? Exactly what is it going to look like ifI was owning one of these four houses that will face your property; if I looked out my back yard, what would I see? MR. VARNADOE: Right now what they see is a mass of vegetation on -- usually on both sides of the creek. Most of them have kept, as you can see from the photograph, a lot of vegetation between themselves and the creek. We intend to keep vegetation on our side on the creek and supplement as necessary, so they're not going to see anything, except what they see today, and that is vegetation. COMMISSIONER COLETTA: So in other words, when I look out -- if I own one of these houses and I was looking out my back door, I won't see anything different when you get through than I would see now at present time; is that what you're saying? MR. VARNADOE: That's our goal, yes, sir. COMMISSIONER COLETTA: That's your goal. How are you going to put that down as far as a promise that could be fulfilled? MR. VARNADOE: I'm going to let the planner deal with that issue. And -- actually I think that we've taken some photographs from 20, 25 feet away from the creek, and you just can't even see the creek. It's very densely vegetated with some very mature vegetation, both tall trees and some mid-story. I think that in response to the neighbors, that there was actually a tree survey done to see where the canopy of those trees were, and they range from 22 to somewhere in the upper 40's in terms of the canopy of the trees. It's a fairly -- because it's next to a creek, it's fairly densely vegetated. COMMISSIONER COLETTA: But you are going to remove a Page 34 February 11, 2003 large portion of the vegetation to be able to put the building in. Will -- at that point in time will your vision be able to carry through the remaining vegetation back to the -- your exist -- the structures you're planning to put in? MR. VARNADOE: We are keeping -- staying 25 feet setback, as I recall -- is that right, Bob -- from the creek. Our property line actually goes out to the middle of the creek, so that's going to be some additional buffer. And with the amount of vegetation in there, we don't think you're going to be able to see the buildings. But as I said, if we need to supplement that vegetation, we'll do so. COMMISSIONER COLETTA: Okay. Let me try to rephrase this in a little different light. Would you be able to give an absolute guarantee that it would be -- the vegetation would be sufficient so that the buildings wouldn't be able to be viewed; in other words, the field of vision when you walk out there and you look will be similar to what it is now? They won't be seeing an edifice through the vegetation? MR. VARNADOE: Let me talk to the people who have been on site more than once, which I have, while we're having the presentations, and I'll respond to that after public speakers, if I might. COMMISSIONER COLETTA: Thank you very much. MR. VARNADOE: Thank you. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: What is just due south of this particular property that we're looking at? MR. VARNADOE: That's a PUD. COMMISSIONER HALAS: Yeah, but what's all that vegetation there? MR. VARNADOE: That's-- COMMISSIONER HALAS: Is that going to be developed too? MR. VARNADOE: No, sir. I think the PUD -- that PUD is pretty much developed, and that you're requ -- you're required to Page 3 5 February 11, 2003 keep a certain amount of open space on your PUD and native vegetation. That was the area they decided to keep native vegetation. COMMISSIONER HALAS: Is that -- is that part of the tributary system also of that Cocohatchee River? MR. VARNADOE: It meanders on down and basically -- historically, I think that most of the Cocohatchee probably came this way. COMMISSIONER HALAS: Right. MR. VARNADOE: With putting the canal in, we changed nature. So it comes down here -- and I've been on that property, although it's been 20 years ago, and it goes down and basically -- COMMISSIONER HALAS: So it's kind of a wetlands, highland type area? MR. VARNADOE: It's not really too much of it wet. Most of it is upland. There's some upland next to the creek, but then it rapidly goes into oak and related species, my recollection from 20 plus years ago. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Thank you. Mr. Stokes? MR. STOKES: Good morning. My name's Julian Stokes. I'm an MAI and a CRE. MAI is an advanced level of expertise and experience in valuation of commercial, industrial, residential and special use properties, counselor of real estate. It is a professional membership organization that's basically developed exclusively for the leading real estate advisors in the nation. With that said, I've been in town a little over 28, 29 years. I'm managing director of Integra Realty Resources here in Naples, Florida. I was asked to look at the property. The primary purpose was to determine if there were any impacts with regard to the proposed change in the land use. Any impacts associated to the adjacent properties located in Southwind Estates that are located along Page 36 February 11, 2003 Bethany Drive. At first I reviewed the C-1 zoning category, which essentially has provided for commercial, professional and general office district intended to allow a concentration of office-type buildings that are most compatible with and located near residential uses. I also reviewed the development criteria. And based on that development criteria, I said it was logical to presume that there really would be an impact on the quality of property values associated with those properties located in Southwind Estates. I then reviewed the rezoning request to the C-1 designation along with the constraints and/or restrictions associated with it. I think someone else will get into the restrictions. But the bottom line is that C-1 itself, with the height, the densities, the mass that is available to that zoning designation, I think it's common sense that, yes, there could be a potential for diminution in values. With the restrictions, such as the height restriction, one story not to exceed 18 feet, the use restrictions that will exclude several of the typical uses associated with C-l, parking restrictions that won't allow for -- I think they've gone over a lot of these. In other words, there will be no parking on the coarse creek side of the development, and the exclusion of access to Veterans Park Drive to Bethany Place. I think these are all very important considerations. In light of that, my opinion is that there will be no diminution in value, and that with the additional restraints associated with this specific rezoning request, they will eliminate all conceivable objections to the zoning. I further went on to review the current land use, RSF-3. I think Mr. Varnadoe pointed out several commercial uses surrounding the property. And I think it's fairly easy to understand that given the surrounding commercial nature and the uses, that a single-family use is not an appropriate transitional use. I don't believe it would be economically viable. I don't think it could be developed as a Page 37 February 11, 2003 single-family residential subdivision. We're talking three acres. I do believe that multi-family residential is a potential use that could be associated with the subject property; however, I think, again, considering the proper transition from single-family and if, in fact, the neighborhood of Southwind Estates wants to maintain the integrity of their quality, the quality of life, their right to quiet enjoyment, the views, that they would, in my opinion, be cutting their nose to spite their face not to go along with this particular rezone given the development restrictions associated with it. I think when you start to look at two-story, three-story apartments in that location -- and in all likelihood it could very well be a rental facility, but I'm not sure, probably condominium, but nonetheless affordable housing or entry level, to take advantage of the Veterans Park location, I think that that would be much more intrusive to their right to quiet enjoyment and -- however, it would be viable and is approvable. That's pretty much all I have to say. Any questions? CHAIRMAN HENNING: Any question? No questions. The board will recognize Mr. Stokes as an expert witness in this petition in the field of appraising. I've got a nod here. I do. I recognize him as an expert. Okay. Thank you. Ready for public speakers? CHAIRMAN HENNING: Mr. Duane, do you have anything new to add to this? MR. DUANE: How could I not say anything today? CHAIRMAN HENNING: Well, we're glad you're here. MR. DUANE: I do have a few points, and I'll try to wrap them up as quickly as I can. For the record, my name is Robert Duane. I'm a member of the American Institute of Certified Planners. I have a graduate degree in community and regional planning, and I've Page 38 February 11, 2003 practiced for approximately 30 years both in the public and in the private sector. Mr. Halas, you had a question about the Surrey Place PUD. It comprises approximately 12 acres just north of the subject property. Two acres allows for a bank and office-related uses, and 10 acres allows for Surrey Place, which is an assisted living facility. Did that answer your question about the uses of that property? COMMISSIONER HALAS: What I'm saying is, there'll be some more development on that PUD? MR. DUANE: Their second phase, I believe, is still yet to come, which is an addition above the existing building that was approved several years ago. COMMISSIONER HALAS: Okay. And we're also -- I think that Mr. Varnadoe also stated that on the west side of Veterans Park where that green space area is, that's also going to be developed; is that true? MR. DUANE: That is correct. The entire frontage along the west side of Veterans Park Drive is going to be developed with two commercial Planned Unit Developments. COMMISSIONER HALAS: Okay. So basically what we're saying here then, if I'm right, is that if we have a rezone on this -- we have a rezone on this, then basically this whole little community is going to be locked in by total -- it would be encompassed totally by commercial; is that true? MR. DUANE: That is correct. There will be no residential traffic using that street. We've got park, we've got fire station, we've got two commercial PUDs. Those are going to be the ingress and egress. COMMISSIONER HALAS: Oh, what I'm-- that's what I'm getting at. In other words, this whole little community is going to be surrounded by commercial? MR. DUANE: That's correct, with the exception of the four Page 39 February 11, 2003 houses that are located to the north of us. CHAIRMAN HALAS: Okay. Any further questions? Commission Coletta, you got your questions answered? COMMISSIONER COLETTA: For the moment I do. I'd like to hear the speakers before I ask any other questions. CHAIRMAN HENNING: I would too. MR. DUANE: I -- briefly just to touch upon existing conditions, George summarized those very well. The conditions have changed around the subject property, there's no question about that, since the zoning was put in place in -- sometime during the 1970's. CHAIRMAN HENNING: Is that new since we've been here, last heard this item? MR. DUANE: I've avoided going into any of those details. The conditions have changed. I'll move on to my next point. The comprehensive plan has also changed. Since 1989, we adopted the office and infill procedures. Shortly thereafter, we had incorporated provisions in our comprehensive plan to allow medical uses within a certain proximity to hospitals. That's a changed condition since 1989. Your 1989 plan also encouraged infill development through increased density bonuses on sites that are less than 10 acres. I think that's an important consideration. It's one of your smart growth policies designed to direct development where the existing services and facilities are available in order to discourage urban sprawl, in order to encourage more compact growth patterns. So I think your comprehensive plan recognizes these properties needed to be treated a little differently to achieve those goals. Yes, sir. COMMISSIONER HALAS: Mr. Duane, would you -- would you feel comfortable if you lived in this neighborhood and were surrounded totally by commercial properties? Page 40 February 11, 2003 MR. DUANE: I, myself, if your question, would I want -- COMMISSIONER HALAS: If you were living in this neighborhood, yes. MR. DUANE: -- to develop a single-family home there, I don't think the site is -- UNIDENTIFIED SPEAKER: That's not his question. Surrey Place -- COMMISSIONER HALAS: I'm sorry? MR. DUANE: I'm sorry. Your question again? CHAIRMAN HENNING: State your question again, please. COMMISSIONER HALAS: My question is, if you lived in that neighborhood yourself, you had a residence there, would -- how would you-- would you feel comfortable being surrounded by all that commercial property? MR. DUANE: I understand, if I lived in Surrey Place. Those are the conditions that exist today. Would I feel uncomfortable living in Surrey Place? No, I would not. We have approved commercial PUDs on the other side of the street, and the character has somewhat changed, has changed of the subject property. Moving on to the conditions that we've agreed upon. I'll try to wrap up here. After meetings we've had, we have limited the height to one story or 18 feet. We have limited any access to Bethany Place whatsoever. I think most of you are familiar with the location of Bethany Place. We have limited uses in the C-1 district. We've tried to keep it more or less purely office. We've eliminated any parking to the rear -- or -- to the rear of any structures, however parking would be allowed to the front and the side. That was as a result to some concerns we had about the impact the parking would have on the proposed development. We have proposed, and you can see that on the visualizer, a Page 41 February 11, 2003 48-foot strip of land, 48 foot wide. We have proposed to keep that as an -- as a buffer along Veterans Park Drive. That is to provide protection and buffering for lot 15, which is the Welches' property, which is located immediately to the east of that property. With regard to buffering, we are making a commitment at this public hearing that we will substantially vegetate that area in such a fashion that you will not be able to see the proposed office buildings that are limited to one story in height on this property. I think that's a substantial commitment to supplement the existing vegetation in place so we will not be seen. We have also agreed to turn lights off in buildings no later than nine o'clock except for janitorial service and circumstances that may arise to accommodate work schedules. We've eliminated lighting to the rear of any structures or proposed to shield them in such a way that they will not be a detriment to our neighbors. We have also agreed to place deed restrictions on the property that would be enforceable by the adjoining property owners. In other words, it would require their approval for any of the standards that we are offering today which are going to be incorporated in the zoning resolution. They will not be able to be changed without the support of the property owners. As long as I've done this kind of work, which is for some time, this is the first time I've ever had a client agree to deed restrictions just to place a better level of comfort on this project, that what we're offering today is what you'll get. Finally, the Planning Commission asked that a sidewalk be provided from Bethany Place to Veterans Park Drive. In summary, it's my opinion that with these standards that we're proposing today, that these uses can be found compatible on the subject property. I don't believe single-family uses are any longer viable. I agree with the conclusions that Mr. Stokes has shared with you Page 42 February 11, 2003 today, that multi-family uses, whether it be six units per acre with the density bonus under infill, or whether it go all the way up to 14 units per acre, which is allowed, with an eight-unit per acre bonus, is going to have substantially more bulk, height and building coverage than the proposal we have before you today. We're proposing approximately 20,000 square feet of office. If six units per acre, this were to develop into condominiums, we'd probably be looking something closer to 30,000 square feet of floor area in two-story structures. If we went to 14 units per acre, you would have 50,000 feet or more of floor area, more than likely in three-unit structures. So I agree with Mr. Stokes's opinion that the development standards that we've proposed and the limitations on these uses, in my opinion, is more compatible at this location than would be multi-family or higher-intensity developments. My last point has to do with the findings that are incorporated in your staff report. I have a very detailed memo that was contained in your package dated September 23rd. I won't go through those five findings other than, suffice to say, it's my opinion that those findings can be found to be met by this project, by this board, and that's what the Planning Commission, when they recommended to you that we have these limitations placed on the C-1 zoning district, they, themselves, I can only surmise, felt that we also met these standards, because it was brought up on a number of occasions during the hearings that we had to be found in compliance with them. And I will just reiterate, again, that the Planning Commission did not find that the -- they found that this use was compatible at this location. They found that the commercial uses across the street and the non-residential nature on the traffic was not conducive to single-family uses at this location. Thank you. CHAIRMAN HENNING: Commissioner Coletta? Page 43 February 11, 2003 COMMISSIONER COLETTA: Thank you very much. A question on deed restrictions, if I may, sir. I think that's a unique approach. I've never quite heard that before, to empower the residents there, and I would assume that that would stay with the residents that live on that street, that ability to make a deed restriction to be able to oversee it. Probably they'd have to form an association of some type, I don't know. I won't get into that part. But in order to enforce a deed restriction, what's involved with that? Is that something that prohibits the commission from ever changing that in the future? MR. DUANE: I'm not an attorney, and I would let Mr. Varnadoe answer that question. COMMISSIONER COLETTA: I'm sorry. You looked very comfortable. I didn't want to bother you. MR. VARNADOE: Not at all, Mr. Coletta. I think it would be more appropriate to deal with those if we could just probably hear from the public, and there's going to be a lot of questions, I think, and I'll deal with all of those at one time. COMMISSIONER COLETTA: Thank you, sir. CHAIRMAN HENNING: Okay. Let's call up the public speakers. MS. FILSON: Mr. Chairman, we have four speakers. The first one is Kris Gomory. He will be followed by Terri Jolly. CHAIRMAN HENNING: And just state your name for the record when you're ready. You can stay right there if you'd like. MR. GOMORY: For the record, my name is Kris Gomory. I live at 1920 Bethany Place in Southwind Estates. My property abuts the petitioned area. MR. MUDD: Just tell me how you want to do them and I'll put them on for you. MR. GOMORY: I have new information, new information that I didn't talk about last time, but I'd like to address just a couple points Page 44 February 11, 2003 about some of the statements that were made earlier. Number one, regarding the dense vegetation that exists on both sides on the creek, and the reality of that is, it just does not exist. Commissioner Fiala and Commissioner Halas have been to the site. We walked along the creek. Although there are some beautiful natural trees, there's some live oak, there's some old palm trees there, there's no vegetation on their side other than those large trees. You can see the stream the whole way, so the dense vegetation is not on their side on the property, and that's one point I wanted to make. The other point that I wanted to make is in regards to the report that you guys were presented. And as a former independent auditor, I would just urge you to look at this as a report. I read this report, and this report has almost every detail from every meeting, our commission meetings and everything that's ever been said, and it's almost a transcript of every detail for the petitioners that came back, and that concerns me. I mean, if we're going to recognize somebody as experts, I think we can have three experts here, and we should look at some independent assessments of the area and not just every point that was ever addressed for the petitioner here. So that was just the other point that I wanted to make. My new information is very simply something that -- it's very simple. Do we need more commercial property in North Naples? Do we need it? Can it stand on its own legs and say, do we need this property? Right now there's -- there's a couple articles that were printed in the paper. This one was done January 19th, 2003. Office space goes empty. A new report says that with more office projects in the works, there's a likelihood of vacancies climbing even higher this year. And I'll just read some of the summation of this particular article. Overall, the office market could start to see some improvement later this year, that is, as long as new construction Page 45 February 11, 2003 remains in check. Timmins thinks it will be because many developers have slowed down their projects to allow time for demands to catch up with supply of office space. I will speculate that you will not see significant new office development in the marketplace for several years. This is one report. Now a more authoritative report. This is the mid-year report done by C.B. Richard Ellis, this accesses most all of the real estate vacancies and so forth, and I think you have been given this by Mrs. Jolly. This market index report -- I'm just going to address a couple issues and try to be brief with all this. Regarding vacancies in North Naples, my understanding is that there's currently approximately a million square feet of office space in North Naples, and there is -- 300,000 is vacant, and this does not include any of the projects that may be work in progress and haven't even been recorded in that number. The vacancy rate in Collier has increased 19 percent. Almost a 10 percent increase over year-end figures. Again this period, Naples North has the highest vacancy rate, 25.6 percent. This is the market recap. This is the summary of this -- this report. In Collier, despite increases in vacancy rates over the last several quarters, developers are still planning and building office product. Absorption for the first six months has decreased dramatically fueling concerns that the absorption of this new existing space may take four to five years. As in the past, the largest vacancies continue to be in the North Naples area. And my new information is just -- besides all the other points, is that we live with that whole area. I brought some pictures here to show you all the signs in that corridor. I think one of the things that Commissioner Halas was asking about the picture was, where is other space around there -- where is more office space? And there's a huge amount of space to the west of the current Veterans Park area Page 46 February 11, 2003 there that they haven't even started construction yet, but it's in the process. There's real estate all over, there's commercial real estate all over that hasn't been developed. So that if we look at it and say, well, is this good for our community to go ahead and say, well, let's just make more even though there's a glut of office space in North Naples. I just don't think that is good to set a precedence and say, let me change RSF-3 to commercial property. In closing, I would just urge you to deny the petition for rezoning based on its own merits and to agree with your staff that originally you hired to look at this project and they denied the petition. Thank you. CHAIRMAN HENNING: Thank you. Can I look at those pictures? And I'll leave them-- MR. GOMORY: Yes, sir. CHAIRMAN HENNING: -- for you to -- MR. GOMORY: This is the Orion Bank. CHAIRMAN HENNING: Thanks. Next speaker, please. MS. FILSON: The next speaker is Terri Jolly. She will be follow the by James Welch. MS. JOLLY: Good morning, Chairman and Commissioners. My name is Terri Jolly. I live at 1916 Bethany Place, and I'm one of the two home -- the four homes that backs up to this proposed rezone. I actually live in the second home off of Veterans Park Drive. I appreciate all the time that you've accorded. I know I've taken up a lot of it. I apologize. I feel like a broken record, you know, at this point. But first I'd like to say that nothing that the petitioners has ever presented to us leads us to believe that they're actually going to build a one-story office building on that property. We just don't believe it. Page 47 February 11, 2003 From day one, they told us that they could not make a one-story building work. They told the Planning Commission they could not make a one-story building work. The Planning Commission voted for it anyway. We don't believe it. So in our opinion, this is a rezone for resale, period. We're going to ask you to deny it, and I know everybody says, be careful what you want. This is something that we have thought about, we have pros and cons with at our house. This is something we have analyzed very, very, very thoroughly. We still feel like we have to ask you to deny it, and our reasons haven't really changed, but they're still that we feel like our property is going to be devalued. We feel like there's -- on a resale, there's no way that, if there's C-1 behind our home, that it could be as valuable as residential to residential, and I think your staff report addresses that as well. They say generally it's deemed that C-1 adjoining RSF-3 is less desirable than RSF-3 adjoining RSF-3. I know this contrasts the, you know, expert testimony that they have. But I was the same as Kris, when I got that appraisal, I was so ticked. I read it. It was like deja vu. It was like every word that had ever come out of their mouth. I was really unhappy with that. I also agree with the staff that I don't believe that this meets the actual intent of the growth management act, or plan, however we're going to term it. The office and infill language states that a site must abut an arterial or collective artery. They have eight feet that actually abuts Immokalee Road. It goes down 700 feet until their main parcel. I mean, they meet it by a technicality only. And you know what, if they want to build their property on their eight feet that actually abuts Immokalee Road, I'll withdraw my objection, you know. And I know that there's no need -- Kris has gone all through this. I don't think I need to go through it again, but I did give you the market reports. That is industry standard. It states that North Naples Page 48 February 11, 2003 currently has the highest vacancy rate in Lee or Collier County at 24.9 percent, and that's the new report that just came out on the 5th of February for the year end of 2002. And they state that-- and this is -- even with -- there's more projects on line. This is going to increase. Rezone condition number 15. It states, and I quote, whether it's impossible to find other adequate sites in the county for the proposed use in districts already permitted for such use. The petitioners answered this question in their original application for rezone in October of 2001, and their answer was no. I think we've proven that. RSF-3. I believe, and your staff report agrees with me, that we had a reasonable expectation when we purchased that property that that land would remain RSF-3. They talk about transition. Transition's been a big issue. They're going to go from the west side of Veterans Park Drive where they have -- we've now rezoned things to two and three-stow buildings to their one-stow building to our homes. Well, I think a better transition would be that all of the commercial stayed on the other side of-- on the west side of Veterans Park Road. They talk about changing circumstances. That's true, the county did choose to rezone those properties on the other side of Veterans Park Road, but they also changed the circumstances of my home. And you know what? My home was there when they made that decision. And they talk about their property being so -- you know, so different. Our homes -- Mrs. Welch's home abuts Veterans Park Road. I mean, there's not that big a difference between where their property is and where ours is. I think there's some critical, critical differences when they talk about how that property on the other side of Veterans Park Road, on the west side, was rezoned in comparison to this. The property on Page 49 February 11, 2003 the other side of Veterans Park Road was all agricultural. It was not zoned RSF-3. Then, nor now, did any of those properties that they've rezoned or that they're currently building or going to build ever touched residential property. Not then, not now. Okay? I think that's a huge, huge critical difference. And I don't believe that this is unusable property, and I disagree. That is the most beautiful piece of property. If you walk back there, I know some of you have, it -- you could build homes back there. They could berm the front of that. There could be a gate. And also, I think that there's also another option for the property, and this has come up since our last meeting. The day that we were here was voting day, Commissioner Coletta had to leave and go count votes. But the voters of our county have since passed the green tax, and they have said that they want green tax. And whether or not we approve of that or whether we don't, our tax monies are going to that. That money is there and it's going to be spent on green space. CHAIRMAN HENNING: Ms. Jolly, I have to ask you to wrap it up, please. MS. JOLLY: Oh, I'm sorry. I thought it said three minutes. I apologize. So basically, I think this is the perfect piece of property, it's near the park. That park houses after-school programs, summer programs, it has wetlands, it has endangered species. It has all those things that would make it perfect. The other thing is if they make decided to make it a nature preserve with, like, boardwalks, it also has parking at the park. CHAIRMAN HENNING: Thank you. MS. JOLLY: Thank you. CHAIRMAN HENNING: Mr. -- Commissioner Halas? COMMISSIONER HALAS: How many years have you lived Page 50 February 11, 2003 in this neighborhood, Mrs. Jolly? MS. JOLLY: I think about eight and a half. COMMISSIONER HALAS: Okay. And what's your feeling of what's happening in your neighborhood as far as all the commercial that you're being surrounded by? MS. JOLLY: Well, we moved in there -- the nursing home was already there when we moved there. But we chose to be close to the park. I mean, so we wanted to be by the park. We actually were for the bank building going up on the comer by our neighborhood because we felt like, that's on Immokalee Road. It's going to be something commercial at some point. And a bank was better than a 7-Eleven, you know, or a gas station. But we just feel like that -- it just keeps happening. And the other problem is is that we feel like that -- what they're proposing is not really that bad, but the problem with it is is that we're afraid it's going to be same thing we saw happen with the nursing home. They get it in as one story and they give all these conditions and all these things, and they're not-- they don't do it. Then a few years later they come back and they come before a new board and they ask -- you know, they say, we really -- now that there's three-story buildings down the street, we can't compete, we need another story, and we just feel like -- that we're just going to be continually back here and -- CHAIRMAN HENNING: Thank you. MS. JOLLY: --we feel like we're going to end up either way, you know. Thank you. CHAIRMAN HENNING: Next speaker. MS. FILSON: Next speaker is James Welch. He will be follow by your final speaker, Marjorie (sic) Welch. MR. WELCH: You can see this. My name's James Welch, 1904 Bethany Place. It's kind of hard to hold a woodpecker steady on a camera (sic) Page 51 February 11, 2003 with a tree (sic). COMMISSIONER COYLE: I've never seen a sideways tree before. COMMISSIONER COLETTA: Well, when they're falling. COMMISSIONER COYLE: Oh, is that it? Okay. MR. WELCH: He was busy that day. Anyway, we have two or three different type woodpeckers that live in that area. The real tall ones, you know, I don't know what you call it, but-- COMMISSIONER HALAS: Pileated. CHAIRMAN HENNING: It depends on who you talk to, sir. MR. WELCH: Sir? COMMISSIONER FIALA: Red-cockaded woodpecker. CHAIRMAN HENNING: Some people call them -- COMMISSIONER HALAS: Call them pileated woodpecker. CHAIRMAN HENNING: -- red-headed cockaded woodpeckers. Some people have other names for them. MR. WELCH: I'll take your word. COMMISSIONER COLETTA: I believe all of them live in District 5, by the way. Go ahead. MR. WELCH: There is about four or five turtle nests on the property. There's a picture of one. There is a picture of one of the turtles. Okay. And we have the -- again, I'm not an expert on birds. That's -- we called those the water turkeys when I was growing up. We have a lot of those. This is a water turtle. It's hard to see him because they jump off the tree as soon as you get out there. CHAIRMAN HENNING: A water turtle? MR. WELCH: Yes. CHAIRMAN HENNING: Okay. MR. WELCH: They're about that big around. They live in the water. They come up on the bank. This is a picture in back of our Page 52 February 11, 2003 house coming from their property. Now, as Kris -- we can see practically three quarters of the lot. It is not grown up as well as everybody says. This is a duck. You can't see him though because it's too dark. Okay. We have -- all the people that live in Southwinds have signed a petition trying to block the development. If you do -- we ask you not to pass it, but if you do, I'm asking for an amendment to your resolution to the landscape to get a small berm on that property with a ficus hedge or gustrom (phonetic) or something that grows well and put it like a solid line or staggered so we don't have to see the building. Because from our porch, you will see everything over there. And we're asking -- you may not pass it -- around 50 feet from the bank. Let's see. We were also told that we couldn't put a berm there because of the drainage. But I worked on a golf course 23 years. You can put drainage in. Pelican Marsh, north end of the airport, Bonita Bay, they all have ficus hedges. Right across on Immokalee Road where the Circle K is, there's about a 25-foot ficus hedge and probably an eight or 1 O-foot berm. Mr. Stokes said it would not be livable as far as a house, but he also said that single -- or multiple family could be built there, which if you don't want a house there, why would you want condos there with people living in it? Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: Mr. Chairman, your final speaker is Margie Welch. MS. WELCH: Hi. My name is Margie Welch. I live at 1904 Bethany Place. And as my husband just spoke, the back of our home, he gave a picture of what we see when we look out our back yard. We are against the C-1 rezone on (sic) many reasons. And I -- Page 53 February 11, 2003 the petitioner is true when he said he has met with us and tried to work out with us something that would be compatible and be agreeable with all of us. And we feel like, as homeowners, we have bent over backwards by meeting with them, listening to them each time they paint a good picture with words. But we have asked for the last year and a half, since they have petitioned this -- I think it's September, 2001 -- show us a drawing, show us a picture, show us what the buffer would be, show us how you would block it so we would not see the parking lot. And each time -- they said at the next meeting they would have a picture for us. And then at the next meeting, it would be words again on what they were proposing to do, but it would be too expensive to do these drawings at this time. Now, before I get started on the deed restrictions on -- I believe the attorney mentioned, we were told that if you put these deed restrictions into this proposal, who would enforce this and how do these work? This is just a smoke screen. Deed restrictions would not protect us because who governs these when you are gone, these county commissioners, or if our property is sold? It would be another -- it would be another thing for us to governor (sic). Okay. Number one, a C-1 rezone, the first requirement is the site must abut to an arterial road. That's number one. The building site is 750 feet away from Immokalee Road, but there is an eight-foot strip of land that abuts to Immokalee Road. In the fairness principle, we feel this property should not be able to piggyback to any previous approvals by the county commissioners because of this eight-foot strip. Nothing can be built on the eight-foot strip. If the subject property had been zoned agricultural, we, the homeowners, might reasonably expected (sic) the property to be rezoned in the future. We knew across the way where all the medical buildings are now that that was all agricultural. And when it came in and those medical buildings were built, you didn't see any of us here. Page 54 February 11, 2003 We expected that it would be a rezone. However, the property directly behind us that the petitioners are trying to rezone is an RSF-3, creating a reasonable expectation that the property would be developed by or with a single-family home. We have been told by the petitioners at all the meetings that if we were not in favor of this rezone, we could get a low-income housing on this property. And we know that in order for this to happen, there would have to be a similar process that they're going through for a rezone for a low-income housing. We've also been told by the planning board, the county commissioners, the petitioners, be careful what we wish for. And in order -- and we're interpreting this, in order -- if we don't agree with what they're going to do, be careful what you're going to give us. Well, a low-income housing, it's not zoned for that yet anyway. They would have to go through the same process. We do not feel the eight-foot strip to Immokalee Road meets the office and infill commercial subdistrict, and it is not compatible or appropriate for a C-1 rezone. Now, I have a copy here, which the petitioner gave me, of the permitted uses under C-1 of what's allowable. Yes, they're going to make exceptions and they're going to do this. But under a C-1 -- somebody has to enforce these exceptions. You can have accounting buildings, you can have automobile parking, barber shops, beauty shops, business services, child day care, churches, group care facilities, offices for engineering, architectural, surveying services, health services, a group care facility, health services, individual and family social services, insurance, legal services, management and public relations service, miscellaneous, personal service, museums, art galleries, non-deposit credit institutions, photographic studios, physical fitness facilities, real estate groups, shoe repair shop, and any other commercial uses that would meet this comparable. Then it goes on to say, conditional uses, we could get civic or Page 55 February 11, 2003 social associations, depository institutions, educational services, health service, homeless shelters, and it just goes on. This all falls under C-1, and this is why we are objecting to this. And lastly, you have a picture up there, and in the PUD rezone for the Surrey Place nursing home, which was a rezone, the landscaping requirements on page 5, which you all have a copy of, in 3.9 read, as follows -- by the same people, by Hole Montes, the Surrey place -- CHAIRMAN HENNING: Ma'am, I have to ask you to wrap it ape MS. WELCH: Okay. Just real quick. The language was, the buffer along Vilsand Avenue shall be installed within 90 days after zoning approval. The height of the buffer is required to be eight feet in height by the CO. As you can see from this picture, you know, eight years -- or 14 years later that's our eight-foot buffer that we have. Now, we were told by the county commissioners, if we don't have it, to do a complaint to the code -- the board -- county -- code of enforcement board, which we did file a complaint. I did some checking. There's been complaints in the last 14 years. And I was told that when they get a complaint like this, they go out, they cite them with a notice of violation, they ride by. As long as they plant a little plant, they go on. They don't have the manpower to -- CHAIRMAN HENNING: Thank you, ma'am. MS. WELCH: -- enforce this. CHAIRMAN HENNING: Thank you. MS. WELCH: So I'm just saying, this is our eight-foot buffer 14 years later. CHAIRMAN HENNING: County manager, it sounds like you need to take a note on that buffer. MR. MUDD: Yes, sir. CHAIRMAN HENN1NG: Okay. Mr. Varnadoe, want to wrap Page 56 February 11, 2003 it up for us, please. MR. VARNADOE: I'll be quick. Just two or three points. Number one, demand is not an issue during a rezoning petition. I can put Mr. Spokes up here and he can tell you why we differ from a lot of this vacancy you see in the area. The large vacancies, of course, are basically three projects, Galleria, Fifth/Third Bank, which I think has one tenant at the present time in that multi-story building, and Creekside, which is offering product for lease only. That's the Collier's way. They don't sell land. Where a project that's sold buildings or sold condominiums might be a completely different story. I thought the most interesting speaker you had was Mrs. Jolly in her comments that she doesn't believe we're going to build a one-story building and she thinks this is kind of the nose under the tent syndrome where we get permission for a one-story building, then we come back and ask for more later. I think that if she really understood the zoning process together with deed restrictions, this would be the best of all possible worlds. Because if we get permission to build a one-story building and that's the zoning and they have deed restrictions that say that's all we can build, and that's economically feasible, they'll never have anything there. They'll have exactly what they have today. So I think that there's a little misunderstanding of what deed restrictions do. Deed restrictions run with the land in favor of other property. So the proposal would be that we would put deed restrictions on this property as to all these conditions we talked about, uses, height, setbacks, all of that stuff, it would run in favor of those four lots, so each and every one of those lots owner -- lot owners, whether it happens to be Mrs. Jolly today or the Welches or in the future the Varnadoes or whoever, they would have the right to enforce those deed restrictions. Page 57 February 11, 2003 So if somebody wanted to change and do something different there than what would be allowed, they not only would have to come back through the zoning process and get whatever board of county commissioners are sitting in your place, they would also have to get the permission from each and every one of those lot owners to make those changes. So as Mr. Coletta, Chairman -- Commissioner Coletta said, you know, it does add a new twist to it. It adds double protections for the residents. Finally, as far as the vegetation, the Welches are the closest ones, and where their property is located -- I walked off without my pointer -- but they're the single-family lot that is on the northwest comer. MR. MUDD: They're right here, Commissioners. They're on this item number 15, and that's the buffer that the petitioner's proposing to go put in to shield them from -- MR. VARNADOE: Very -- you know, they are the closest to us and closest to Veterans Park Drive. And Chairman -- I mean -- sorry, Chairman Henning. Commissioner Coletta had asked if we would agree to a stipulation that they would not be able to see this property. And with one -- one condition we can agree to that, and that is, on their side on the creek in a lot of instances, they also have vegetation. If they were to cut down all their vegetation up to the property line, certainly that makes our task a lot more difficult. But if they are to leave the existing vegetation in place, we will have -- agree to a stipulation, condition in the PUD that they will not be able to see the buildings from their houses. Now, if they walk back to the creek, dodge around, look around, I'm not -- you know, I can't guarantee that. But from their buildings, we can supplement that vegetation. And there is a lot of vegetation. I mean, a lot of it's mature, some of it's underbrush in some places, a Page 58 February 11, 2003 lot of vegetation along the creek, as we all know what happens along creeks. But if they leave their vegetation in place, we can supplement and agree to a stipulation that they will not be able to see our buildings from their property. And I don't know whether the best solution is what Mr. Welch asked for, and that is to put a berm and vegetation on top of that. I'm not a landscape architect. But we can certainly work with them on what -- the best solution, but we can certainly agree to a stipulation and talk about where the plantings are going to be. But they can't be 50 feet from our property line, because then we don't have any room to build. But within that 25-foot landscape setback buffer where we're not going to have buildings or impervious surface, we certainly can achieve that goal. As -- Mrs. Jolly, her last comment, what she said was, if I wrote it down correctly, what they're proposing is not that bad, but the real concern here is, that's not what's going to happen. I mean, that's her concern is that that is not what is going to happen. I think with the combination of the zoning plus deed restrictions that we are proposing, we can guarantee any rational person that it won't change without their consent. Now, in the future they might decide something else would be more appropriate, but it would require not only Mrs. Jolly's consent, the Welches, Mr. Gomory, and whoever the fourth owner of that property that abuts is. And I don't have the name, and I'm not going to be able to look at this point in time unless you ask me to. CHAIRMAN HENNING: Okay. MR. VARNADOE: Any questions I might answer from anyone? CHAIRMAN HENNING: Questions, Commissioner Halas? COMMISSIONER HALAS: Yes. Under section 2.7.2.5 on the Collier County Land Development Code, it goes into -- I won't read Page 59 February 11, 2003 the whole thing, but basically it's going under-- part two, it says, the existing land use pattern, and it gives pro, con, and then the summary findings. And the summary finding says, the proposed land use is not consistent with the land use pattern in the area. How do you -- how do you address that? MR. VARNADOE: Well, I think-- COMMISSIONER HALAS: I mean, this is the summary findings. MR. VARNADOE: Summary finding by who, sir? COMMISSIONER HALAS: Well, I assume it's probably by the county here. MR. VARNADOE: Well, I assume it wasn't by the Planning Commission, or they wouldn't have recommended approval, sir. It might have been your staff recommendation, but it wasn't by the Planning Commission. The Planning Commission found exactly the opposite. COMMISSIONER HALAS: Well, it's in my packet here of information that I went through -- MR. VARNADOE: Well, I'm sure that Mr. Bellows may answer that. But certainly, we do not agree with that finding and neither did your Planning Commission by a unanimous vote. I think that a -- and at the time, of course, that the staff report was written, 30-foot heights in all these constraints weren't placed on the property. And as Mr. Stokes himself said, you know, our expert appraiser, is if those weren't in place, he might have some concerns about the compatibility. But with those in place, he does not have those concerns and doesn't think that a rational person should have those concerns. COMMISSIONER HALAS: Okay. MR. VARNADOE: Now, let me make one more comment, then I'm going to sit down and let you deliberate. There's been a lot of-- a lot of issue about, you know, do they meet the -- Page 60 February 11, 2003 CHAIRMAN HENNING: Mr. Vamadoe, Commissioner Coyle has a question. MR. VARNADOE: I'm sorry. COMMISSIONER COYLE: I would wait until you finish -- MR. VARNADOE: No, sir, go ahead. COMMISSIONER COYLE: -- if you prefer. But one of the things that's always a little scary to neighbors is this long list of permitted uses under the zoning category, and certainly homeless shelters are an item of concern to these people. Why can't you narrow your desired uses and specify them a little more clearly so people would have an understanding of really what you have in mind here. Is that possible? MR. VARNADOE: Yes, sir. And I thought we had done that by deleting certain uses from the list that is in your -- it is permitted, and obviously we have not asked for any conditional uses in this regard. COMMISSIONER COYLE: Would you waive your right to ask for any conditional uses in the future with respect to this if it were rezoned? MR. VARNADOE: Yes, sir, and I think that's probably more appropriately put in the deed restrictions, because I don't think the count -- I want to be blunt. I don't think the county can waive its policy powers in advance of someone asking for it. But in the deed restrictions, obviously, then that would have them have to agree to any conditional use before they could be applied for and approved. We had deleted barber shops, beauty shops, shoe repair, shoe shine parlors, automo (sic) commercial -- automobile commercial parking, individual and family special services, social services, excuse me, which leaves mainly professional offices, and I guess with the exception of that, also child care services. But, you know, it leaves room for lawyers offices, accountants, engineers -- COMMISSIONER COYLE: Can we eliminate lawyers offices? Page 61 February 11, 2003 I mean, I can understand how a neighborhood would object to that. CHAIRMAN HENNING: Can we eliminate lawyers? MR. VARNADOE: Let's don't go there, David. COMMISSIONER COYLE: You've answered my question. Thank you very much. CHAIRMAN HENNING: I got a question about the parking group (sic). What is the definition of that? I thought that was an accessory use of the -- you know, lawyer has a car, he needs to park it in his driveway, and I think he might have a client that has a car. MR. VARNADOE: What's the question, sir? I'm sorry. CHAIRMAN HENNING: You said you're eliminating parking MR. VARNADOE: In the rear of the buildings adjoining their properties. CHAIRMAN HENNING: Oh, okay. Not the use? MR. VARNADOE: Not the use, no, sir, but -- CHAIRMAN HENNING: Okay. Got ya. MR. VARNADOE: To be more compatible, just not have the parking in the rear where you can pull around with lights on, the noise. That was the intent. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. Actually I got a question for the expert witness, Mr. Stokes. If I may have the commission call him back. CHAIRMAN HENNING: Yes. Mr. Stokes, would you please step up to the podium, please. MR. STOKES: Yes. Yes, sir. COMMISSIONER COLETTA: Mr. Stokes, there was -- there was an example given -- quite a few examples given of empty retail property. I assume that, you know, when that was going on you were listening to what they were saying. MR. STOKES: Yes, sir. Page 62 February 11, 2003 COMMISSIONER COLETTA: Would you, as an expert witness, comment on those allegations, you know, that there's no need for this, that there's no market, then try to restore the trust of these people and possibly even the commission in what the actual intent of this is to be? MR. STOKES: Specifically, I think that they were addressing, or they put photographs of several properties that are for sale. Is this what you're asking me? COMMISSIONER COLETTA: That's correct, sir. MR. STOKES: Okay. I think what you have to understand -- and we're getting into the area of demand at the present time. A lot of the properties that they are -- that you saw pictures of, number one, are higher density investment-oriented properties, such that will allow first floor retail uses, second floor, third floor, fourth floor office uses. I don't know if that's pertinent specifically, but I think that they were -- they were questioning whether there was sufficient demand for commercial development, office development. I think what you'll find is the highest vacancies in the North Naples area among first and, you know, multi-story properties is among the first floor retail and the second floor medical office components. Most vacancy is a result of new space that's come on line, and it's undergoing its normal lease up phase of development. Current absorption rates really indicate that a stabilized occupancy is achievable within the next 18 to 24 months in this particular node of Collier County. This would indicate really a positive outlook with regard to the prospective timeline associated with future development. We're dealing with a project that's 18 to 24 months. Single-story campus style office development is primarily a for-sale type property. I think you've -- we have other examples in the area that you're familiar with, and it is most attractive to the medical profession. They prefer Page 63 February 11, 2003 ownership over leasing. And the subject property is ideally suited, you know, with respect to its proximity to the North Naples area. COMMISSIONER COLETTA: You bring up an interesting point, if I could continue. And you might have to answer this, Mr. Vamadoe. The property that's going to be built for medical offices or offices -- and I understand the restrictions on the times and the lights going off in the building so you can't turn it into a bar or a restaurant. We made other restrictions on it. Tell me this. Are these units going to be for sale to individuals and condo type things, or are they being -- would it be something to be retained by the owner? Or you have no idea at this time? MR. VARNADOE: I have no idea at this time. But the deed restrictions would run with the land, so whoever the owner is would be bound by the deed restrictions. And I need to, if I could, Mr. Halas, clarify one thing for Mr. Henning. When I was talking about automobile commercial parking, there is a use in the C-1 district for that, and that's a stand-alone parking lot. And that was the one I was saying we were deleting in its entirety. CHAIRMAN HENNING: Okay. MR. VARNADOE: Yes, Mr. Halas, I'm sorry. COMMISSIONER HALAS: I have a concern about the residence of the turtles and of the woodpeckers. How much would we destroy that habitat, or would we work around that? MR. VARNADOE: We won't work around all the turtles, because they're on the upland and they're going to have to be relocated pursuant to your ordinances. And your ordinance says we can't destroy them even if we get a permit from the state. They have to be relocated at an appropriate location. That will happen. None of the woodpeckers that we are talking about are endangered Page 64 February 11, 2003 woodpeckers. pileated woodpeckers and other-- COMMISSIONER HALAS: big one, right? MR. VARNADOE: Yes. They aren't red-cockaded woodpeckers. They are red Pileated woodpeckers, right, the COMMISSIONER HALAS: Woody Woodpecker. MR. VARNADOE: Yeah, big and noisy. CHAIRMAN HENNING: Okay. MR. VARNADOE: Unless you have any questions for me, I'd CHAIRMAN HENNING: We just have a staff clarification. If there's no further questions, I'll close the public hearing. But Mr. Bellows, please. MR. BELLOWS: Yeah. For the record, Ray Bellows, chief planner for current planning. I'm filling in for Fred Reischl, who was called away to give testimony at the Belagio trial. I also have David Weeks of comprehensive planning, and Stan Chrzanowski, our chief engineer, to answer any specific questions you have on water management. Yeah, I would like to make some corrections for the record. First off, the subject site is currently zoned RSF-3 to allow for a multi-family project. The property would have to go through another rezone to allow for that, which the consistency standards would be applied to the rezone stage, and staff may or may not recommend to build a multi-family project in this area, so it's not a given that they could ask for that and receive that use. Secondly, the list of permitted uses and the other conditions that the petitioner's requested have as a deed restriction, staff-- the county doesn't enforce deed restrictions, so it would be my recommendation that any of those additional criteria that he's talking about as -- would be incorporated into the ordinance for this C-1 zoning; however, since there are so many of them, it would be my Page 65 February 11, 2003 recommendation that we would rezone it to a PUD. Through the PUD zoning we could assure that these additional criteria, time restrictions, would be enforced by staff and through the county code enforcements in the PUD document. The way it is now, rezoning to C-1, we could technically add some of these things as conditions of approval, but the zoning map would still show C-1. We do have a flagging mechanism, but it's -- it would make it more difficult to enforce consistently if we didn't have the PUD zoning, in my opinion. Secondly -- or thirdly, the Growth Management Plan would review criteria. I think it was pretty well discussed today that staff was not finding that it met the intent of the office and infill, though it technically met the criteria; therefore, staff had recommended denial. The Planning Commission heard this, and it was discussed that the first motion failed for recommendation of denial. The recommendation of approval was subject to limiting the height to one story or 18 feet, and the staff is supportive of that, and that would be much better regulated through a PUD document. And I have David Weeks here if you have any questions with that consistency criteria with office use. CHAIRMAN HENNING: Okay. I have a question for you. If we do a PUD on this, we're going to have to bring it back, correct.9 MR. BELLOWS: Correct. CHAIRMAN HENNING: Okay. Any further questions? Commissioner Coyle.9 COMMISSIONER COYLE: No, I'd like to address some of the things that have been brought up here. CHAIRMAN HENNING: Should I close the public hearing? COMMISSIONER COYLE: You already did. CHAIRMAN HENNING: No, I haven't. I just -- if there's any more questions for Mr. Vamadoe or staff-- COMMISSIONER COYLE: Oh, okay. Go ahead. Page 66 February 11, 2003 CHAIRMAN HENNING: Do you have any other questions? COMMISSIONER COYLE: Not until after the public hearing is closed. CHAIRMAN HENNING: No, okay. I'm going to close the public hearing. We don't need a vote on that, do we? yOU. MR. WEIGEL: No. CHAIRMAN HENNING: Okay. Commissioner Coyle, thank COMMISSIONER COYLE: I'd like to comment on a couple of things that have been brought up here. One is with respect to decisions being made on the basis of demand. We simply can't do that. If we make decisions based upon whether there's a demand for commercial or residential or industrial space, then we'll be making one decision one month, another decision the demand changed, and these decisions will be discriminatory, so we really cannot deal with based upon what the perceived demand is for development. next month as the somewhat arbitrary and these kinds of decisions the potential Who is to say what the potential demand will be two or three or four years from now? And it might very well be that the petitioner will not even develop until that point in time. So I believe that the expectation that we can make a decision based upon that is a false one. Now, the more important issue in my opinion is, in trying to reach a decision with respect to this, I try to put myself in the position of the residents, because I think one of our primary obligations is to make sure that we minimize impact upon existing residential areas. And if I'm -- if I were sitting in one of those four homes, there are a couple of things that I would want to make sure of. Whatever was developed there, I wouldn't want to see it because that's a beautiful view with all the trees, I wouldn't want to hear it, and I Page 67 February 11, 2003 wouldn't want my property devalued. Now, if it were developed as a residential single-family plot -- or plat right now, it would be twice as high as a single-family development as this proposed commercial. The proposed commercial is 18 feet. If it were single-family, it would be dramatically higher. What are we talking about, 30 feet, 35 feet? MR. DUANE: Thirty-five. COMMISSIONER COYLE: Thirty-five feet, so it would be almost twice as high. If it were developed as a single-family area, you would have activity there conceivably 24 hours a day. People would live there all the time. And there's likely to be a lot more noise. And if it were developed, again, as single-family and it's under its current zoning, you wouldn't have the buffer requirements that we're specifying in this particular request. So what would happen is that there would be no basis under our code to insist upon the kinds of buffers that we're insisting upon in this particular rezone petition. So again, placing myself in the residents' shoes, I, quite frankly, would prefer to have an 18-foot tall building there rather than a bunch of 36-foot tall residences, and I would prefer to have a commercial area there that has limited hours of operation, and I'd prefer to have a commercial area there that has a requirement that they establish a landscape buffer so it cannot be seen. And the one other issue is the one of property values. And whether we accept the assessment of the expert witness or not, the point is that this -- these particular homes are bordered by an assisted living facility and a bank to the north and northeast. And I cannot understand how a commercial development at the proposed slot -- spot that is 18 feet high that has limited hours of operation and has requirements for landscape buffers would impact -- negatively impact the property values. Page 68 February 11, 2003 So I would -- I would be willing to proceed with this if we address some of the concerns of the neighbors. I'd like to make sure it's not seen, and I'd like to see that incorporated into the approval. I would like to see the deed restrictions that have been developed. And one other fast comment about this, under our representative form of government, nothing is final if we make a decision. There's absolutely nothing to keep somebody from coming in, another commission coming in next year or two years from now and changing that decision. And even if we disapprove that -- this petition, there's no guarantee that it won't come up again in two years and be approved. You'll never know what's going to happen there. It might be a two or three-story building by that time. The only certainty in my mind is to proceed with what's known and acceptable but find the way to enforce it and make sure that nobody changes it on you, and we can't do that because we'll be gone one of these days and somebody else will make a decision. But you can do it through deed restrictions, and that's enforceable in the courts, and that's a more certain way of making sure that you get what they said they were going to provide. And with those two stipulations, that we have the deed restrictions, that we have the buffering requirements so that the buildings not be seen under existing vegetative conditions, then I would move for approval. CHAIRMAN HENNING: Okay. You forgot one land use -- other land use, that's parks. It could be a park, but we heard under public petition earlier-- COMMISSIONER COYLE: They don't want parks. CHAIRMAN HENNING: -- that promotes drugs, sex and rock and roll, so that's probably not an appropriate use on that. Commissioner Fiala? COMMISSIONER FIALA: Yes. I have no doubt that this developer would do an outstanding job. He's a really -- he's a person Page 69 February 11, 2003 that I would respect. Conversely, as I look at the map, I see on that side of the street everything that's residential. And I just feel that adding a commercial component in the middle of this residential -- yes, on the other side on the street it's all commercial, but I think that's a good divide. The street divides the commercial from the residential. And I just hate to see commercial creep into that area. CHAIRMAN HENNING: Okay. I'm going to go next. I agree. The problem that I have with -- and I think why we're here is -- part of the reason is, discuss what is appropriate land uses throughout Collier County. I don't see this being multi-family. I wouldn't want to live across the street from a fire station knowing that there's a light there and they're going to be coming screaming out of there. You know, I don't think that's an appropriate use. I know I wouldn't want to buy a condo there, and I know I wouldn't want to live there or have somebody else live there. But I think under these conditions, that commercial is appropriate use. And Commissioner Halas, I'll let you go next. COMMISSIONER HALAS: When I look at the commercial property that's around there, whether it's vacant or not, I don't think that is really the issue. I think the issue here is that this is a residential -- small residential neighborhood that's been there for a few years, and I believe that they're feeling that they're being encroached upon by development as far as resident -- or as far as commercial goes. And I think the residents there have pretty much stated their opinion that they're willing to take the chance that it be left as RSF-3. And so, therefore, I feel that -- maybe that that's kind of the way that I'm going to -- direction I'm going in. CHAIRMAN HENNING: Okay. COMMISSIONER HALAS: And it may not even get to RSF-3. Page 70 February 11, 2003 There may be something else that may come up on this. CHAIRMAN HENNING: Definitely not parks, we know that, right? Commissioner Coletta? COMMISSIONER COLETTA: Thank you very much. This is one of those difficult ones. We know that if we do nothing today or we reject the petitioner's plan, that it's only going to come back in another form at some point in time. So I would like to make one more proposition to see if this might be the tie-breaker that would help to carry this through. The whole secret to this is to try to make the people that live there whole. I mean, they have enjoyed a natural buffer for years. That's been part of their expectations, what they were going to have. We have the petitioner promising to put in a buffer. I hear there is difficulty, and I appreciate the honesty they're coming across with the fact that, can it be completely enclosing the area in such a way you wouldn't be able to view the building? And they're indicating that that may be difficult. I'm hearing that as clear as anything on it, that it might be very difficult. We've never been able to address the berm, because I think the berm, as far as being for sure, that might be an issue that would be a problem with water management and could cause this thing to fall apart for them after they left here. How about if there was something, like a small, $5,000, that was given to each one of these four residents to be able to put greenery also -- not letting the develop off in any way, shape or form from putting the greenery on their side and putting it in to a point where it keeps the building reasonably hidden from view. They also mentioned that the residents had to maintain greenery on their side. That gave me a little bit of concern. Now, that greenery's going to grow up in time, it's going to die. They may have to redo it over to make it match up so that it meets Page 71 February 11, 2003 the needs, and everybody has the right for individualism, so I wouldn't recommend that the developer take it on as a personal project. But if possibly a $5,000 cash allotment was made to each one of these four homeowners as a one time payment to pay for the greenery on their side and the sprinkler system they may wish to put in to be able to enhance their property and add value to it, that might be something that would be a little bit more on the fair side. And I know that's a little bit different approach than we have taken in the past, but I'd like to give that to you for your consideration. CHAIRMAN HENNING: Okay. Anybody else want $5,000? We've got a cable to bury this afternoon. Maybe we can collect some money there. You had something, Commissioner Coyle? COMMISSIONER COYLE: Yes. I just want to clarify something. It was my understanding that the petitioner had committed to making sure this was an opaque buffer, that you weren't going to be able to see anything through it as it currently stands or as it will stand when you develop it, with the one caveat that the residents themselves wouldn't start clearing their property. MR. VARNADOE: That's correct, sir. And I'm talking about the native vegetation that is on their property, not what they may have landscaped. COMMISSIONER COYLE: So this is -- this is vegetation that they have chosen to retain because they want it there, and if it retains because they want it there, they will not be able to see your building, and I think that's something we want to make sure of, that nobody can see that building. MR. VARNADOE: That's our commitment-- COMMISSIONER COYLE: Okay. Page 72 February 11, 2003 MR. VARNADOE: -- that we would supplement the landscaping as necessary so that, from their houses, they would not be able to see our buildings with the one proviso, as you said, that they don't start clearing out to the creek all the native vegetation that exists today. COMMISSIONER COYLE: And you have hours of operations limitations on this commercial tract? MR. VARNADOE: Yes, sir. COMMISSIONER COYLE: And lighting limitations? MR. VARNADOE: Yes, sir. COMMISSIONER COYLE: Okay. To diminish any impact upon-- upon this neighborhood? MR. VARNADOE: Yes, sir. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: This vegetation -- I believe most of the vegetation is on this -- on the opposite side on the property. There's -- MR. VARNADOE: I don't know who said that. When I walked out there, I walked -- COMMISSIONER HALAS: Well, there was vegetation on both sides of the -- MR. VARNADOE: Yes, sir. COMMISSIONER HALAS: -- on both sides of that creek. MR. VARNADOE: Absolutely. COMMISSIONER HALAS: Okay. So, I mean, there's -- so -- and I think some of the neighbors there have vegetation, and then some of the neighbors also have an open area right to the creek on their side, and then on the opposite side is where the vegetation is, on the -- on what should be on your side on the creek. MR. VARNADOE: When I walked out there, I don't think any of them had cleared right up to the creek, no, sir. But the only thing I'm asking is that whatever -- whatever is there today, native Page 73 February 11, 2003 vegetation, if they'll leave it, we'll make sure they can't see our buildings by supplementing the vegetation on our side. COMMISSIONER HALAS: Well, what bothers me is the fact that south of there we have a preserve, and why -- you know, so many this -- in a -- I've got a hard time with the preserve at the south, and then we're going to tear out all of that other area there for C-1. MR. VARNADOE: We're not tearing that all out, sir. See, I think that's -- that's the misnomer. If you look at this aerial, you were asking about the gopher tortoises. The gopher tortoises are not going to be where there's dense vegetation. They like open, sandy -- COMMISSIONER HALAS: Yes. MR. VARNADOE: And if you look at this aerial, what you have here is a fairly open area, and then when you get down close to the creek is where you start having the very heavy vegetation, and we're going to be maintaining some of that, up -- COMMISSIONER HALAS: Some of that? MR. VARNADOE: Yes, sir, some of that. COMMISSIONER HALAS: Some of that? MR. VARNADOE: That's right, because you can't use property without maintain -- without, you know, having some property to develop. MR. MUDD: Commissioner, Jim Mudd for the record. These little yellow dots on this overlay right here are the tortoise locations. CHAIRMAN HENNING: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Thank you. Let's go back to this landscape buffer one more time. And I'm going to explain why I think it would be fair that -- if we come up with something with a compensation for these people -- now, wait a minute. Listen to me for a moment. MR. VARNADOE: Commissioner Coletta, let me tell you right now, I'm not going to get up here and start buying zoning from the Page 74 February 11, 2003 neighbors. That's totally inappropriate, and I'm not going to do it. COMMISSIONER COLETTA: Not buying zoning -- MR. VARNADOE: I have told you, and I've told you as clearly as I can state it, that I will make sure they cannot see the buildings from their property. Now, that's what you asked me to do an hour ago, and now I made a commitment to do it, and now you want to go somewhere else. No, sir. That's as far as I'm going to go. COMMISSIONER COLETTA: Thank you. I appreciate your candor. MR. VARNADOE: Thank you. CHAIRMAN HENNING: Okay. That's called exaction, I believe it is. MR. VARNADOE: No, I don't think -- that goes beyond an exaction. CHAIRMAN HENNING: Okay. We're going to wind this up, and we'll find out what -- the pleasure of the board. Commissioner Fiala? COMMISSIONER FIALA: Yes. I would like to go with staffs recommendation to deny this motion. COMMISSIONER HALAS: I second it. CHAIRMAN HENNING: Okay. We've got a motion and a second on the floor to deny the petition. Any further questions? MR. BELLOWS: The county attorney would like me to -- CHAIRMAN HENNING: Mr. Bellows? MR. BELLOWS: -- go through the analysis of the comprehensive plan for the criteria, how the board should make their findings based on the criteria in the office and infill, so if you mind (sic), I'll just read it in real quick. CHAIRMAN HENNING: Thank you. MR. BELLOWS: The BC (sic) would need to find that the subject site is appropriate or acceptable for the site to have only eight Page 75 February 11, 2003 feet of frontage on an arterial road, which is Immokalee Road, and that the developable portion of the site is 750 feet south of the arterial road; Two, the adjacent tract in Surrey Place PUD, which permits institutional uses, such as an assisted living facility. A nursing home constituted commercial zoning. The third one is -- MR. WEIGEL: Just a minute, Ray, and Commissioners. For your own assistance here, this is on page 12 of the agenda item, in case you're not turned to it, to follow through, and -- MR. VARNADOE: Commissioners, for the record, I'll stipulate to this. COMMISSIONER COYLE: We've read it all. MR. VARNADOE: It's on the record, you've got it. I don't know what the county attorney's up to, but I mean, I'll stipulate that that's what the -- MR. WEIGEL: I don't accept those kind of remarks. We're looking to guide the board so they create a record for whatever decision they intend to make, Mr. Varnadoe, so it's not the county attorney is up to something. MR. VARNADOE: Well, I assume you're trying to protect some lawsuit. That's not what we're here about. CHAIRMAN HENNING: Okay, gentlemen, and thank you very much. Mr. Bellows, please continue. MR. BELLOWS: Despite the previous use of the office and infill commercial subdistrict for the rezoning of the Veterans Park Commons PUD (in conjunction with the quarter mile support medical facilities provision), the subject rezone petition does not constitute piggyback use of this OIC provision; Or, the two PUD properties to the west rezoned by the quarter mile support medical facilities provision, which contain permitted Page 76 February 11, 2003 uses that include physicians' offices, rehab centers, pharmacies (mostly C-1 uses, drugstore is a C-2 use) -- constitute commercial zoning; And lastly, the proposed commercial uses will be compatible with the surrounding land uses, both existing and permitted. Now, if you find that this project is inconsistent with any of those things, you can recommend denial based on those findings. CHAIRMAN HENNING: Great. And that's what I'm considering is a part of the motion, the findings, staffs findings. COMMISSIONER FIALA: Yes, thank you. That's exactly right. COMMISSIONER HALAS: Yes. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Do we have to specify which finding that we're using to disapprove this? CHAIRMAN HENNING: Yes, we do. MR. BELLOWS: I would. COMMISSIONER FIALA: I would be happy to do that. CHAIRMAN HENNING: Please do. COMMISSIONER FIALA: May I say them by number? MR. BELLOWS: Sure. CHAIRMAN HENN1NG: Yes, please. COMMISSIONER FIALA: Yes. First of all, number five I felt the first one I would consider. The second one I -- was number Where was it -- was number was one, and the third one -- wait a minute. four. But actually they all apply. CHAIRMAN HENNING: Okay. I'll call the question on the motion. With no further discussion, All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. Page 77 February 11, 2003 CHAIRMAN HENNING: All opposed? COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HENNING: We have a 3-2 motion on this. Mr. Weigel, is-- MR. WEIGEL: Okay. CHAIRMAN HENNING: -- is that a majority? MR. WEIGEL: For there to be a rezone, it requires the super majority vote. CHAIRMAN HENNING: To rezone? MR. WEIGEL: To rezone, yes. So the motion -- and correct me if I'm wrong -- the motion that was made was to find the analysis to show incompatibility and inconsistency based upon these three enumerated items on the five of the analysis. I believe that is the motion, to find incapacity inconsistency or to not approve the rezone. You've effectively not approved the rezone by the vote you have taken. CHAIRMAN HENNING: Right. Okay. So I'm going to restate the vote. Commissioner Halas, Commissioner Fiala, Commissioner Coletta vote to deny the application. Commissioner Henning and Commissioner Coyle voted no for the motion that was on the floor. Does that make sense? COMMISSIONER COLETTA: Yep. CHAIRMAN HENNING: Okay. Let's take a 1 O-minute -- seven-minute break for the court reporter to take care of business. We'll be back in seven minutes. (A recess was taken.) CHAIRMAN HENNING: Take your seats, please. Please recognize the future lieutenant governor, Mr. Goodlette. We appreciate your public service in Collier County. Thank you for being here. Okay. I know that the commissioners are in the back listening -- Page 78 February 11, 2003 are on their way. Commissioner Fiala, come on and join us. Mr. Mudd, the next item? Item #8B ORDINANCE 2003-07 RE: PETITION CP-2000-6, GROWTH MANAGEMENT PLAN AMENDMENTS FOR THE IMMOKALEE ROAD/COLLIER BOULEVARD AREA (HERITAGE BAY DEVELOPMENT OF REGIONAL IMPACT) TO ESTABLISH THE "URBAN-RURAL FRINGE TRANSITION ZONE OVERLAY" FOR SECTIONS 13, 14, 23, 24, T48S, R26E, COLLIER COUNTY, FLORIDA, BY: AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES; AMENDING THE SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; AMENDING THE POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; AMENDING THE WATER AND SEWER SERVICE BOUNDARY MAP OF THE PUBLIC FACILITIES ELEMENT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE (ADOPTION HEARING-DRI-RELATED AMENDMENT)- ADOPTED W/STIPI II.ATIONS MR. MUDD: Next item is 8(B). This item, even though it says the participants need to be sworn in, it's a legislative issue, so that doesn't need to transpire. This is a petition. It's a Growth Management Plan amendment for the Immokalee Road/Collier Boulevard area, Heritage Bay Development of regional impact, to establish the urban rural fringe transition known -- transition zone overlay. CHAIRMAN HENNING: Okay. And this is the second reading of this, correct, Mr. -- Page 79 February 11, 2003 MR. HEATH: Well, you saw -- for the record, Glenn Heath, comprehensive planning section. You saw this for the transmittal to DCA, and now it has come back for the adoption hearings. CHAIRMAN HENNING: Okay. And same process, we're going to let the petitioner present their case followed by our staff. Mr. Vamadoe, thank you for being here this morning. MR. VARNADOE: Thank you. For the record, George Varnadoe again. Again, substituting for Bruce Anderson, representing U.S. Home Corporation. This is part of the continuing process of amending the comprehensive plan for the Heritage Bay project. Also here today we have a representative of U.S. Home and a cadre of engineers, traffic consultants and planners to answer any questions you might have in their fields of expertise. As you know, this comp. plan amendment consists -- it concerns four sections of land north of Immokalee Road and east of 951 if 951 were extended. One section is in the urban area and three sections are in the rural area. This amendment was recommended for approval by the Rural Fringe Assessment Committee, the Planning Commission, and then this board approved it for transmittal to DCA in September of last year. We've been back to the Planning Commission, and they have recommended this for approval for you today for adoption. The amendment is no different than what was approved in June as the rural fringe amendment, which are now mired in administrative challenge. It's simply a smaller, stricter version of those rural fringe amendments, but it is consistent with that in its innovative planning technique called density blending to allow the dens -- some of the density from the urban area to be spread across the entire property. I'd like to emphasize that you're not considering a rezoning today. You're not here on the DRI or the PUD. Those will be Page 80 February 11, 2003 coming back to you probably in late April or early May of this year. So we can talk about all the project criteria and any public benefits that needed to come out of that project to respond to the concerns of the commissioners. It went to DCA and they did an ORC report, their objections, recommendations and comments. They had two objections, one of which was withdrawn after they got some addition material and realized what they had in their hands. I'm not going to discuss that one unless somebody has some questions on that. The second one had to do with the timing aspect. And basically the -- as transmitted, the amendment would require the use of TDR credits for golf courses in the three rural sections. And their objection was, how can you use the TDR process when the rural fringe amendments have been challenged and that's not in effect at the present time? So it was not an objection to what we were doing, just that, how are you going to implement that. And we've worked with the county staff, their outside counsel, Nancy Linnan, and DCA staff to address that. That's contained in paragraph 9 of your agreement. And what it basically says is that if we're going to build a golf course that's prior to the TDR program coming into effect, then we'll put -- we'll give the county financial guarantees that we will acquire those TDRs when they are in effect, and we agree to acquire them within 90 days of the TDR program becoming effective. The other question was then, well, that's fine, but what if the county never implements the TDR process? What if they go a different direction as a result of this administrative challenge? And everyone thought, in the interest of fairness, that we would put the money in escrow or financial guarantees, I should say, for three years, 36 months, if they weren't in place by that time. Obviously they weren't going to be in place, and so we should get our money back or our financial guarantee should be released. Page 81 February 11, 2003 The Planning Commission said, let's extend that to 48 months, because sometimes the wheels of justice grind slowly, particularly when government's involved. And we agreed to that, so paragraph 9 has been amended to extend that time period to 48 months. We have no objection to that. I think Marjorie Student has added a little bit of qualifying language into that to make it very clear. It says what it says, and you have that handout. And unless there are questions -- there was a thorough discussion of this at transmittal hearing. I'll be glad to respond to questions, but that's basically our presentation. CHAIRMAN HENNING: Commissioner Fiala has a question. COMMISSIONER FIALA: Okay. George, could you show me where the crude lands are in here? I know that you've talked about protecting those lands. I just wanted to see where they are on -- MR. VARNADOE: Well, there are no crude lands on the property. When the -- and I think it was, when they made the decision back in the 90s to -- as to where the boundaries were going to be, they did not include this land. But it comes right down to our border. This land here (indicating), then of course, it goes up the northeast all the way to Corkscrew Swamp. They haven't acquired all that yet, but they're actually in the process of acquiring that. We are -- this doesn't have any part of your comp. plan amendment, but this -- all this area you see in green will be preserved and be a part of that preservation effort, a continuation of that. COMMISSIONER FIALA: So it will be an extension of the crew land to preserve our future water sources in that area? MR. VARNADOE: Yes, ma'am. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I just want to get an understanding. George, did you say that this is not a DRI? MR. VARNADOE: No, sir. I said your DRI will be coming to Page 82 February 11, 2003 you in late April, early May. We are not considering the DRI today. COMMISSIONER HALAS: Okay, okay. CHAIRMAN HENNING: I have a question. In the DRI process, we'll find out about the impacts to the infrastructure? MR. VARNADOE: Yes, sir. We have done -- as part of the DRI process, we have to look at impacts to all your infrastructure and do analyses that are considered by your staff, and then there's a -- also an analysis of whether the impact fees and other taxes generated by this project offset its impacts on your various infrastructure systems, and if it does not, we'd have to have a -- come up with a further mitigation. And that will all be addressed, to answer your question, yes, during the DRI process. CHAIRMAN HENNING: Thank you. Commissioner Halas has another question. COMMISSIONER HALAS: So what we're here for today then, could you just make sure that I'm up to speed on what we're -- MR. VARNADOE: Yes, sir, you-- COMMISSIONER HALAS: -- trying to accomplish here today then? MR. VARNADOE: Yes, sir. You're simply having an amendment to your comprehensive plan -- COMMISSIONER HALAS: Okay. MR. VARNADOE: -- to allow us to come in and have you consider the zoning and the DRI at a future date. COMMISSIONER HALAS: Okay. All right. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you very much. I assume a lot of that conversation was for my benefit because I've been a little disruptive on this one subject, and I apologize for the earlier disruptions of your presentations that you made. But we're going to deal just with the information within this packet; is that correct? We're not dealing with Immokalee Road and Page 83 February 11, 2003 the needs of that? We're not dealing with 951 ? We're only concerned about forming this water, sewer, utility function for the area; is that correct? What are we -- what exactly are we trying to accomplish here today? COMMISSIONER HALAS: Yes, because I thought it was a DRI. COMMISSIONER COLETTA: Let's go that way, rather than what we're not trying to accomplish. What are we trying to accomplish? MR. VARNADOE: You're amending the comp. plan, and if you look in your staff report, in your agenda, it tells you that what you're doing is you're forming an overlay to the urban rural fringe transition zone. And what you're doing in this is exactly what you did in the rural fringe, but we're doing it on a very specific basis here, because -- so we can go forward-- we've been waiting for two years to proceed with this, and the rural fringe amendments are under challenge. And what you're doing is saying, yes, you can density blend, that is, you can take the density in the urban area and you can use it throughout the project to avoid environmental impacts. And we got very specific with the language in here saying, you can't have more than X units, you can't have more than Y impacts, Z amount of commercial, you've got to preserve 833 areas shown in green up here. We got very specific for a comprehensive plan. But all we're doing is saying, you can come in and apply for that, and that's what the DRI that's following this by six to eight weeks will do. And, of course, the DRI/PUD is just a rezoning effort, and it's a DRI because of the size of it. But you'll be looking at the project specifics, how many units, how much impact, what we're going to do for the road system, what we're going to do for water management, what we're going to do for Page 84 February 11, 2003 any other public benefits at that point in time, sir. COMMISSIONER COLETTA: Thank you very much, Mr. Varnadoe, and I'm going to wait until after you finish your presentation and possibly after staff finishes, then I will have some questions for you, sir. Thank you. MR. VARNADOE: Thank you. CHAIRMAN HENNING: CommiSsioner Coyle? COMMISSIONER COYLE: I'd just like to follow on this a bit and make a further clarification, and please correct me if I'm wrong. What we're really doing here is applying principles which we have already approved in the rural fringe plan to this particular section of land as specifying preservation requirements, and one additional requirement, which is to use TDRs for the golf course which provides a kick start for our rural fringe plan whenever this challenge is complete. Am I correct here? MR. VARNADOE: Boy, I wish I'd have said that. COMMISSIONER FIALA: He's good, isn't he? MR. VARNADOE: Yes, sir, you're correct. COMMISSIONER COYLE: You can only explain it in legal terms. MR. VARNADOE: Yes, sir. COMMISSIONER COYLE: You see, I can make sense of it. MR. VARNADOE: After the last beating up I got, let's just -- COMMISSIONER COYLE: So this particular change is incorporating the requirement that you utilize TDRs for the golf course section of this development? MR. VARNADOE: To the extent the golf courses are in the rural fringe area, yes. COMMISSIONER COYLE: Yes, yes, okay. CHAIRMAN HENNING: Okay. Mr. Heath, do you have anything to add? MR. HEATH: Yes, I do. Again for the record, Glenn Heath Page 85 February 11, 2003 with the comprehensive planning section. I need to note several things. First, outside on the table, there's a sign-up sheet for anyone who wants to be on the mailing list for some of the documents associated with both our review and DCAs, and they can sign up for that, and we'll make sure that they get them. And there's also an example of your notebook for this that's out there also for someone to look at. And I would also, just to, I guess, ascertain. You do have a copy in your notebook that -- what the original item, and I have done a handout, and the handout was given to you early during the break. On the second page of the handout is the changes that were made by the Planning Commission and by Ms. Student that Mr. Varnadoe has alluded to, second paragraph, and the county manager is pointing at them right here. The Planning Commission recommended that the county take more time to work out the TDR program before giving the petitioner his money back. It was 36 months, and now they're recommending 48. And Ms. Student recommended some language that clarifies how these paragraphs relate to the rural fringe amendment. CHAIRMAN HENNING: Any questions for our staff?. Commissioner Coletta, would you continue, please? COMMISSIONER COLETTA: Thank you very much. I do appreciate the opening. A question, since we're talking about the population density that's going to be moving into this area -- that's one of the subject matters that we are discussing today; am I correct? COMMISSIONER COYLE: No. COMMISSIONER COLETTA: I seen it -- I'm sorry, I seen it in the agenda that refers to the three percent, that refers to the amount of COMMISSIONER HALAS: Impact. Page 86 February 11, 2003 COMMISSIONER COLETTA: -- units that are going to be there, and explaining the fact -- let me read from here, policy 1.1.2 -- and I take this right from our agenda package -- a significant impact in population is a potential increase in the county-wide population by less than three percent. When you go over three percent, then it turns into another situation, which is a question, I wanted to ask what that would be. The proposed development has the potential to generate approximately 7,107 residents. The resulting population increase would be approximately 2.8 percent based on the 2000 census. That is what's in the agenda package; is that correct? MR. HEATH: Yes, sir. COMMISSIONER COLETTA: Okay. The 2000 census -- what was the 2000 census? The answer, I'll help you. Two hundred fifty-one thousand three hundred seventy-seven people at the 2000 census. Three percent of that would equal seven thousand five hundred forty-one, thirty-six, cannot exceed; is that correct? MR. VARNADOE: I didn't do the math. COMMISSIONER COLETTA: Okay. Well, I got the math here. I'll help you with it. If anyone wants to double-check it, they're more than welcome to. If we go back to it and we look at the 3,450 -- COMMISSIONER HALAS: Units. COMMISSIONER COLETTA: -- residential units and we use the formula that we use to figure this out, 2.5, which is the average we use for calculating a house, because these are homes that are going to be going in there, you'll have two people living in one, you'll have a large family in another, you come up with 8,625 plus the 200 ALF units, I'm figuring one for that, I get 8,625, which exceeds the three percent threshold by 1,084, and would be 3.43 percent of the 2000 census that we are using for the benchmark. Now, I know this is simple math. Obviously I've done Page 87 February 11, 2003 something wrong. What have I missed? MR. VARNADOE: I don't know, but I can get someone to respond to you. But what I was trying to say earlier is, you are not approving 3,450 units today. The comp. plan says that's the maximum that we can apply for you. So I don't know what you're going to approve when the DRI comes through. COMMISSIONER COLETTA: So in other words, this means absolutely nothing whether it's correct or it isn't correct? MR. VARNADOE: I think-- when we come in, I want to make sure that we are very, very accurate, and I appreciate you bringing that to my attention so I can make sure that our num -- our numbers are correct or we know why yours may or may not be correct. But all I'm telling you today is, you're not approving that number of units. COMMISSIONER COLETTA: No, but what I'm getting at, too, is if possibly this is wrong, what else is wrong that's in here as far as information? When I go through my agenda package, I expect it to be precise and correct from one end to the other. And you know, obviously this wouldn't end up in the agenda package unless it was right. Why is it that simple math is bearing this out to be incorrect, that we're coming up with numbers that aren't what we need to come up with? Mr. Heath? MR. HEATH: There's two aspects to your question. The population threshold applies to public facilities, and in particular, public facilities that are considered deficient. We have not identified any deficient public facilities currently at that location; and therefore, when we reference these population numbers, there's two factors to it. If there are deficient facilities and he exceeds the population significance, then, yes, that would be reason for denial on your part. But there are no deficient facilities. It's just information that we are required to include in our review. Page 88 February 11, 2003 COMMISSIONER COLETTA: But -- I'm sorry. You're doing a better job at confusing me than -- MR. VARNADOE: Let me ask -- COMMISSIONER COLETTA: -- this attorney. MR. VARNADOE: Let me answer very directly, Mr. Coletta, because they just reminded me of something I should have known. When we go through this process, you have very general data of, if you looked at the whole county as a whole, what the -- the average household has as far as a population in that house. When we went through the process -- of course, U.S. Home has developed several communities in Southwest Florida. We had a meeting with the regional planning council and your staff, and we agreed upon certain methodology, transportation methodology, affordable housing methodology, hurricane evacuation, whatever the issue was. And on this we agreed to use the data from U.S. Home's products which have a less density than the county average, and that's why the numbers that you're citing me are different from what is in your staff report and what's in our report. COMMISSIONER COLETTA: And so, in other words, every project out there uses a different number other than 2.5 for homes; is that correct? MR. VARNADOE: No. If they want to use a different one, they have to justify what they're going to use and -- COMMISSIONER COLETTA: Okay. MR. VARNADOE: --just like when we did Island Walk, we used Village Walk as an example, and we went through the transportation study, and we said, we capture an awful lot of those trips inside the project, so when we did the transportation study for Island Walk, the staff agreed we would do it on the basis of the trip generation from Village Walk. COMMISSIONER COLETTA: Okay. Page 89 February 11, 2003 MR. VARNADOE: It doesn't make any difference as far as impact fees. But as far as the amount of traffic that we're putting on the roads, we were allowed to analyze that based on history and what we know about various developments. And same thing applied here as to the number of people that are in an average dwelling in a U.S. Home project. COMMISSIONER COLETTA: Okay. So then policy 1.1.2 is either incorrect or incomplete in what's in the agenda package as far as the explanation goes for the three percent? MR. VARNADOE: No, sir. We are below the three percent. COMMISSIONER COLETTA: Okay. MR. VARNADOE: We will be below the three percent if you approve 3,450 units, but that is just a product of the type of customer or the type of resident that U.S. Home attracts. They don't have -- they don't typically attract the young families with the larger household. COMMISSIONER COLETTA: So you use, for an example, U.S. Home's in Fort Myers, one of their projects there possibly? MR. VARNADOE: Well, you -- I don't know -- I know we have -- we used Naples Heritage here on Davis Boulevard. COMMISSIONER COLETTA: Naples Heritage, and that's all single-family homes? MR. VARNADOE: No, sir. That's a mixture of single-family and multi-family, just as this will be. And they have data for both of their -- all of their product types. So they know that in a multi-family they have average density of 2.0 or whatever it is, and single-family, they have an average density of whatever that is, and so that was what we were allowed to use as a result of being able to prove to regional planning council and your staff that that was appropriate for this project. COMMISSIONER COLETTA: Thank you, Mr. Vamadoe. I do appreciate your time. Page 90 February 11, 2003 MR. VARNADOE: No, I'm happy to respond. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I want to cover a couple of points here. One is that I have always in the past been opposed to putting specific density allocations in the comprehensive plan. I don't think that's the place for it; however, every time I have raised that issue, staff has assured me that it is absolutely essential that that be in there, otherwise DCA will not accept it. I don't agree with that, okay? But if that's what you're telling me, you're an expert, and if that's what's required, we'll have to do it. But -- now having said that, the fact that these numbers are in here means absolutely nothing because the real issue here is concurrency. It has nothing to do with how many numbers are in here -- in this document. We have to determine whether or not anything can be built there based upon a concurrency determination that will occur either at the time of site development plan -- and I suspect these won't come under this particular provision that we've recently implemented -- or at the time of permit application. So the time to deal with the density issues are at the time of the permit application, I believe. And that's when we determine whether or not we've got the infrastructure in place to accept this particular development. If we don't, we do the same thing we've done in the past, which is to require that these things be phased in and that they cannot be built beyond a certain density within a specified period of time. So I think that is the clarification with respect to these numbers here. The numbers, as I am being told by staff, mean virtually nothing, except to establish maximum limits. MR. HEATH: Just to add to what you're saying. When we review these items, particularly from the comp. plan standpoint, we have to look at sort of a worst-case scenario. Page 91 February 11, 2003 COMMISSIONER COYLE: Yeah. MR. HEATH: What is the -- what is the biggest effect that this project can have, and then we have to kind of work from there. And is that consistent with what the comprehensive plan says? COMMISSIONER COYLE: Okay. But once you do what is necessary for DCA to accept the comprehensive plan modification, beyond that, later we determine the concurrency issues, and we've been very clear about concurrency, that we're not going to permit construction that outstrips our infrastructure, right? And that is a determination that we make further down the road, well beyond this comprehensive plan modification; is that correct? MR. HEATH: That would be my understanding. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: Question I have for you, if we approve this today, the Growth Management Plan amendment, for this to proceed, does that mean that we must agree to approving it at the DRI? MR. HEATH: No. CHAIRMAN HENNING: Okay. But we're going to look at all those impacts again at that time? MR. HEATH: Yes. In fact, you're going to be looking at them in much greater detail than we are now. CHAIRMAN HENNING: Okay. And I think that we're all wanting that detail, and I think that's what -- the kind of hesitance we're at today. COMMISSIONER COYLE: And today isn't the time to get it. CHAIRMAN HENNING: And today is not the time. Okay. I got that. Commissioner Halas? COMMISSIONER HALAS: Where did you come up with a magic number of 3,400 then? Is this based on the size of the land, or how'd you do this? Page 92 February 11, 2003 MR. HEATH: That was developed by the petitioner. CHAIRMAN HENNING: Mr. Vamadoe? MR. HEATH: Based on a combination of what they would be allowed in -- just from their property in the urban area, what they'd be allowed in their property in the rural fringe area, and then density blending. COMMISSIONER HALAS: I have a little bit of a problem with this. Somebody could come in with four square miles of property and say, I'm going to have an impact of 10,000 units, and then come back when we're going to do the DRI and say, guess what, I'm only going to have 5,000 units, and looks like -- that he's eliminating a lot of density. So I'm trying to find out where the criteria here is for the 3,400 units and how it got established. Do you see where I'm coming from? MR. HEATH: I do, and I think that the petitioner could respond to some of that better than I can. MR. VARNADOE: The -- yes, sir, Mr. Halas. I'll try to respond to that. The answer is that -- the first thing, of course, that is done is an analysis of two things. Number one, you look at the land, in this case it's fairly easy, and see what's developable, what's not. In this case it's fairly black and white. It's either been altered or it has not, and we've agreed to stay out of everything that's in its natural state. COMMISSIONER HALAS: I understand. MR. VARNADOE: Then you look at what kind of development you want to do and how many units results from that. Then you troop that against a lot of things, transportation impacts, other infrastructure impacts, what the -- what the underlying permissible densities would be. And in this instance, given the urban area, the activity center, the density ban around the activity center and the one per five in the rural fringe area -- and Glenn can correct me -- but it's -- the allowable maximum density would have been Page 93 February 11, 2003 somewhere around 4,500 units. So this is not an instance where we came in and said, we want the max, then we can pull back. After looking at this very carefully, this was the number that we arrived at that we're going to ask you for. But what this does today -- you're not approving this number. This is the max we can ask you for. And you may well say, no -- hopefully you'll say yes, but you may well say no because of A, B, C,D. COMMISSIONER HALAS: I understand what you're saying, but are you basing this on, like, four units per acre roughly that -- MR. VARNADOE: No, sir. COMMISSIONER HALAS: See, that's -- MR. VARNADOE: It's like about -- this density is less than two units an acre. It's probably 1.8, something of that nature, if you wanted to look at it from that prospective. It's -- this is 2500 and some odd acres, and 3,450 units, so it's less than two units an acre. COMMISSIONER HALAS: Okay. Yeah. I'm just trying to figure out -- since we're on this tract -- and I was trying to also determine just exactly how this number was derived so that it -- I'm more clearer in my head when I -- MR. VARNADOE: The -- typically -- see, if we had waited until the rural fringe was in effect and we'd have come in, the rural fringe would have allowed us to request a much higher density on this project than we requested. But because we are doing this in conjunction with a DRI, we filed a comprehensive plan amendment at the same time as a DRI. They got disconnected. But in the DRI, you have to be very specific as to not only the number of units, but the mix of units, because multi-family units have a different impact on the transportation network than the single-family. So in that document, and for those analyses, we are very, very specific as to the type of unit, when it comes online, and what kind of Page 94 February 11, 2003 unit it is. So what has happened is -- and I happen to agree with Mr. Coyle as a matter of principle, that we should not be putting this much detail in our comp. plans. But what has happened is the numbers that we requested in the DRI have found their way into the comprehensive plan amendment as maximums. Not that you're approving that, but as the maximum we can apply for. COMMISSIONER HALAS: Can I ask one last question? CHAIRMAN HENNING: No. Go ahead. COMMISSIONER HALAS: How does staff feel? Do you have a warm, fuzzy feeling on the presentation, the way this is? MR. HEATH: I don't have a warm, fuzzy feeling, but I did make the finding, and it was reviewed by some other staff folks as well, that this is consistent with the comprehensive plan and certainly consistent with the rural fringe amendment. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. And just a fast question. When this -- then after today when this comes back before us, will the new rules that we've adopted with regard to concurrency and then have adopted into the LDC, will the new rules in the LDC, specifically addressing concurrency, be used? MR. LITSINGER: Stan Litsinger, comprehensive planning. Yes, ma'am. For the record, you were actually, in this -- in considering this amendment to your comp. plan or applying your new rule in the three percent population impact, which is in effect -- so yes, ma'am, you will be applying your new rule in consideration that you have made a finding of concurrency for the 12-month period after your December AUIR report. Yes, ma'am, you will be applying the new rule. COMMISSIONER FIALA: But we're creating new ones that will address traffic and so forth at a later date. Will those rules then apply when this comes back before us, or will we still be stuck in the Page 95 February 11, 2003 past -- MR. LITSINGER: It's a matter of when in the development review process, certainly through the DRI process. You will have new thresholds and a much closer scrutiny relative to traffic impacts, other public facilities impacts, and you will have an opportunity to make all manner of stipulations in that regard. And in the future, depending on the content of the DRI development order, as you will adopt new concurrency rules, or move into a new phase such as checkbook concurrency, development approval subsequent to the DRI PUD development order would be subject to the rules in place at that time. COMMISSIONER FIALA: Okay. Thank you. CHAIRMAN HENNING: Stan, this process that we're working through now is very uncomfortable by my colleagues. So if you can help us later on on these comprehensive amendments and in the process so that we feel more comfortable, or maybe it's the information that we're getting -- if you could help us out in the future, I would appreciate that. MR. LITSINGER: Certainly. CHAIRMAN HENNING: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Thank you. Let me rephrase Commissioner Coyle's question just a little bit differently. If we were to exceed the three percent threshold, where would we be? What would be the difference? MR. LITSINGER: Stan Litsinger. The application of the three percent rule, if you would call it that, in either transportation impact or in gross population impact, at either the rezone or the comp. plan amendment stage is in the event that we had deficient public facilities. Let's say, for instance, that we had a deficient situation relative to sewer capacity in the north part of the county, then as part of the Page 96 February 11, 2003 comprehensive plan amendment, there could be a -- or there is required to be stipulations within the comprehensive plan amendment to alleviate the deficiency that would only be exacerbated by the comprehensive plan amendment. But we do not have a finding of any deficient facilities at this time. COMMISSIONER COLETTA: So then -- one more time with this. Then really, that three percent doesn't make any difference at all in this particular case? MR. LITSINGER: No. COMMISSIONER COLETTA: It doesn't mean anything additional or not additional, and it's just put in there for a number reference? MR. LITSINGER: It's information purposes for background statistical reference, but, quite frankly, it has no application from the standpoint of your LDC at this -- on this day. COMMISSIONER COLETTA: And I hope my fellow commissioners are very pleased with the fact I never brought up County Road 951. MR. VARNADOE: Until right now. CHAIRMAN HENNING: You just did. COMMISSIONER COLETTA: Oh. COMMISSIONER HALAS: I got to agree with County Road 951. CHAIRMAN HENNING: All right. We're at -- we're at -- I don't see any further questions, so what's the pleasure of the board? COMMISSIONER COLETTA: I make a motion of approval. CHAIRMAN HENNING: Commissioner Coletta makes a motion for approval. COMMISSIONER FIALA: I'll second that, as long as the stipulations that we've offered are included. CHAIRMAN HENNING: The stipulations from-- COMMISSIONER COLETTA: I do. Page 97 February 11, 2003 CHAIRMAN HENNING: -- Planning Commission? COMMISSIONER FIALA: Yeah. MR. HEATH: Yes. COMMISSIONER COLETTA: I include that in the motion. COMMISSIONER FIALA: Thanks. I'll second that. CHAIRMAN HENNING: (No response) CHAIRMAN HENNING: saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: Okay. Any further discussion? All in favor of the motion, signify by Any opposed? Motion carries, and the motion was by Commissioner Coletta, seconded by Commissioner Fiala. Item #9A RESOLUTION 2003-76 RE: APPOINTMENT OF MEMBERS TO THE LAND ACQUISITION COMMITTEE- TO A 3-YEAR TERM: ELLIN GOETZ, WAYNE JENKINS, AND WILLIS P. KRIZ; TO A 2-YEAR TERM: LINDA A. LAWSON, WILLIAM H. POTEET, JR., AND KATHY PROSSER; TO A 1-YEAR TERM: JOHN E. CARLSON, MICHAEL J. DELATE, AND MARCO A. ESP1NAR- ADOPTED Before we go on a lunch break, I got some lunch break homework, and this is item 9(A). And before we go on lunch, we're going to take public speakers on the item. And Commissioner -- Page 98 February 11, 2003 COMMISSIONER COLETTA: Oh, it's just what you were going to ask for. CHAIRMAN HENNING: I wasn't asking for that. COMMISSIONER COLETTA: Oh. CHAIRMAN HENNING: What we're going to do is -- this is a nine-member board for land acquisition advisory committee. We've got five commissioners, so what I'm asking is to give us two names in the different categories that I will give you in just a few minutes. Those two names -- also I want you to put down whether they -- you feel that they're -- they should serve a three-year, a two-year or a one-year on this advisory committee. If you pick a three-year, your next pick should be a one-year. If you pick a two-year, your second pick could be a two or a one-year. So let me read this -- the creation and purpose of the land acquisition committee appointment and comp -- composure of the committee should be a nine member (sic) who will be appointed by and serviced at the pleasure of the Board of Commissioners, according to ordinance 2055. Membership of the land acquisition committee shall compromise -- comprise of a board of a balance of representation in the interest of Collier County citizens including -- here's the categories -- environmental and conservation interests in Collier County. The next one is agriculture and business interests in Collier County, educational interest in Collier County, general civic and citizens interest from the -- throughout the county. Individual members of land acquisition committee shall be comprised of the knowledge and interest of ecological, conservation of natural resources, real estate, or land acquisition appraisal, land appraisal, land management, eco-tourism or environmental education. So any questions on how we're going to pick the members of the committee, Commissioner Coyle? Page 99 February 11, 2003 COMMISSIONER COYLE: Yes. You said two -- we'll each nominate two people for each one of those categories? CHAIRMAN HENNING: No. You'll pick two people. COMMISSIONER COYLE: Just two people? And name the categories? CHAIRMAN HENNING: Name the categories. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: And I presume then, that as we name them, there will be duplications. And then if we don't select everyone to fill out the board, we'll do that round again? CHAIRMAN HENNING: Correct. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: We'll go back until we finalize the whole committee. Commissioner Coletta? COMMISSIONER COLETTA: Yes. In other words, we're only allowed to give one of the categories? Suppose a person has -- feels they're strong in two? CHAIRMAN HENNING: No. Just give the category. Just put down the category. COMMISSIONER COLETTA: A single category or we put down multiple categories? CHAIRMAN HENNING: Sure. COMMISSIONER COLETTA: Okay. CHAIRMAN HENNING: I mean, if you feel that it's appropriate, they fit in that appropriate -- but the whole thing is, try to balance out the committee. COMMISSIONER COLETTA: Oh, I understand. I understand exactly. CHAIRMAN HENNING: Okay. Great. Commissioner Halas, do you have anything? Page 100 February 11, 2003 COMMISSIONER HALAS: No. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yeah. I do have. I have some discussion, and -- if I may. And I respect what you're doing here -- CHAIRMAN HENNING: You're not trying to guide me on my decision on the people, are you? COMMISSIONER FIALA: Oh, I'm not going to tell you who to nominate. I would never tell you to do that. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: But what I am concerned with is -- and you know, each one of us has very special people on this long list that would be very important for this committee, and I think we've all had calls and emails. I wrote some things out because I was very concerned about this. And let me tell you first why I'm concerned about this. A few years back, the very first blue ribbon committee I ever served on, the -- I was nominated along with others and somehow became their chairman very quickly, and for three years this blue ribbon committee worked on information and referral for the county, and for three years we never went anyplace. And I had no idea that there were people onboard that committee that were there for their own interests. And it never went anyplace. And we owe the taxpayers a lot more than that. And so what I'm concerned with is that we create a comprehensive group that can work together and move forward and be successful. And the taxpayers, I think, will be rewarded. And I'm just concerned that each category won't be identified, because we have many categories here, and that we have a committee that works together. And let me read what I wrote to you. CHAIRMAN HENNING: Thank you. COMMISSIONER FIALA: Okay, thank you. Each one of us can identify very special people from this very long list who would Page 101 February 11, 2003 be perfect for this very important committee. We've all had calls, emails and visits from people who are genuinely interested in serving our community. What we must focus on here is creating a committee that will move forward with a plan rather than mired up in agendas that might delay or even undermine the goals of this committee, as I just stated before. We also must fill each category listed to create a well-balanced committee in order to be successful. Of course, each of us would like our districts represented as well. I think that's secondly though. I think it would be difficult for each one of us to name a couple people and get the balance we all want. This is my opinion. I also think we ought to create -- and this is a suggestion -- four alternatives to fill terms that might become available. And this way these alternatives could stay up to speed and would be able to step into an open seat, should it arise, and it seems that they always do. We've all poured over the list of 53 candidates, studied their qualifications, and we all have our own ideas. In trying to respect each of your concerns and wishes and fill each category so we don't have four real estate people and no one specialing (sic) in water conservation, what I'm asking for-- I have a list here. I'm sure we all do, and-- CHAIRMAN HENNING: Go ahead. Read your list. COMMISSIONER FIALA: I'd like to do that. I'd like to name the people and the category. I have Ed Carlson, which is conservation. You know, actually, there are two -- CHAIRMAN HENNING: Go ahead, who's the next person? COMMISSIONER FIALA: Well, let me give you the categories they fill. CHAIRMAN HENNING: They're all in here -- that we have, so -- we have that. COMMISSIONER FIALA: Conservation, eco-tourism; Page 102 February 11, 2003 Michael Delate; ag. and conservation engineer; Ellin Goets, education, and environmental education; Daniel Jackson, water conservation and ecology; Wayne Jenkins, civic; Willis Kriz, civic, land management; Carl Kuehner, business real estate; Kathy Prosser, conservation and environmental education; and Julian Stokes, business and appraisal. CHAIRMAN HENNING: Okay, thank you very much. Mr. David Weigel, you had something in the process that we needed-- need to hear? MR. WEIGEL: Well, I was just going to mention that in regards to -- if there's a lunch-hour homework project to come back, that any documents that you create will be public records, and, in fact, are part of the decision-making process, so it crosses over into the sunshine aspects of your decision making on this agenda item. And so that if you create public records during the course of the lunch hour, or otherwise, in regard to this and they come in to be tallied or utilized as part of a determination process, a vote or number of names, number of votes for them, things of that nature, to make these decisions of this item, that each document submitted by each commissioner will need to be clearly identified with the commissioner that writes those -- that writes down that voting document. And they are public records if you create them over the course of the lunch hour and someone wishes to ask you for them, well, unfortunately, you will ostensibly have to present it even before you got back to the commission meeting, as far as that goes. I want to make sure that you're just, you know, very aware of the sunshine and public record ramifications of working kind of individually outside and coming back to a decision making later on. CHAIRMAN HENNING: Okay. So what you're saying is, put your name on your list? MR. WEIGEL: If you create a list, put your name on it, because Page 103 February 11, 2003 it's going to be submitted -- apparently submitted for a review or discussion under the agenda item after the lunch hour. CHAIRMAN HENNING: And don't work with any of the other commissioners. MR. WEIGEL: Oh, absolutely not. COMMISSIONER COYLE: We can't -- we can't take Commissioner Fiala's list and duplicate it and take notes? COMMISSIONER FIALA: Yeah, you can, yeah, you can. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I think you've come up with a way to get this thing started, Commissioner Henning, and I endorse it. Just for your information, Commissioner Fiala, the list you named, two of the people that are my first choices are on your list. I don't think we're into this to pick close friends. We're into -- COMMISSIONER FIALA: Right. COMMISSIONER COLETTA: -- it to pick people that are most capable -- COMMISSIONER FIALA: I figured I'd hit somebody from everybody on here -- COMMISSIONER COYLE: So we're going to do the selection now before we actually sit down and follow the chairman's guidelines; is that what we're doing? COMMISSIONER FIALA: No, no, he's just saying that -- no, no, no. COMMISSIONER COYLE: Well, why don't we do it the way the chairman has suggested, and let's take a break and go to lunch and come back with our recommendations. CHAIRMAN HENNING: Yeah. Before you make your recommendations, let's hear from the public speakers, because that might influence your decision. COMMISSIONER COYLE: That's right. That's exactly right. Page 104 February 11, 2003 CHAIRMAN HENNING: So we'll give the public speakers three minutes. I still recognize you, Commissioner Halas. And then let's go to the public speakers -- MS. FILSON: Okay. Mr. Chairman-- CHAIRMAN HENNING: -- and the public speakers have three minutes. MS. FILSON: -- I only have one public speaker on this issue. It's Brad Cornell. CHAIRMAN HENNING: Great. MS. FILSON: Three minutes? CHAIRMAN HENNING: Three minutes. Commissioner Coyle's hungry. COMMISSIONER COYLE: No. I just think we established a process, and I think it's a good one that you established, and we ought to follow it. CHAIRMAN HENNING: Yes. MR. CORNELL: Is this part of that? COMMISSIONER COYLE: Yes. MR. CORNELL: I'm Brad Cornell, and I'm here on behalf of Collier County Audubon Society. I only want to -- I know I shared some suggestions myself with you, and I still endorse those. But I wanted to make one other further point, and that was that I'm concerned about whether people -- some people have applied because they're very interested in seeing the goals obtained and other folks have applied, and I'm not so sure that that interest is quite the same, and I'm thinking of folks who were vehemently opposed to the program. And maybe it's just common sense, but I guess I would point to the rural fringe committee as having had a tough time because of some folks who didn't believe in the process and basically ended up being obstructionists on it, and it really didn't accomplish all the things that it was supposed to. Page 105 February 11, 2003 And so I would hold that up as a way not to do this, that there are -- you have some wonderful candidates on that list, and I would encourage you to look for the people who are very supportive of the program. Thank you. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. As I was going through all the applications, I tried to scrutinize it to make sure that when I came up with a list, it didn't matter what district they came from. I was looking at the overall selection as what I felt best -- that would accomplish the task here in Collier County for all citizens. So I just wanted to put that in there, that I didn't weigh anything as far as what district they came from. I looked at the individuals, what their qualification were, and what their experience was, what their interests were also. CHAIRMAN HENNING: Very well stated. Any other discussion? Okay. Start voting. COMMISSIONER FIALA: Did anybody offer us lunch, by the way? MR. MUDD: Commissioner, what time do you want to come back? CHAIRMAN HENN1NG: We're going to convene for an hour, so we will be reconvening at 1:20. COMMISSIONER HALAS: So just before we convene -- leave, you want two names; is that right? CHAIRMAN HENNING: Yes, two names. COMMISSIONER HALAS: Okay. COMMISSIONER FIALA: Before we go to lunch? CHAIRMAN HENNING: And not your own? (No response.) (A luncheon recess was had.) CHAIRMAN HENNING: I call the Board of County Commissioners' meeting to order. We left off an item on 9(A), that is Page 106 February 11, 2003 the appointment of members to the land acquisition committee. And I think Ms. Filson has some results for us? MS. FILSON: I do, sir. Do you just want me to give you the who was picked for three years, two years and one year? CHAIRMAN HENNING: Yeah, give me the two names. And do we have somebody that is named twice from the commissioners? MS. FILSON: Yes, we have two applicants that were named twice. So that would mean we would need to select one other person. CHAIRMAN HENNING: Correct, okay. Well, either that or-- give us the names, and then we'll proceed on. MS. FILSON: Okay, for three years I have Willis Kriz, K-R-I-C (sic), Ellin Goetz, Wayne Jenkins. For two years I have Linda Lawson, Bill Poteet, Ellin Goetz, Kathy Prosser. For one year I have Kathy Prosser and Ed Carlson. CHAIRMAN HENNING: Do we have the categories? MS. FILSON: Yes, sir. Ms. Lawson is environmental; Bill Poteet is civic; William Kriz is environmental/agricultural and civic; Kathy Prosser is environmental, ecology and conservation; Kathy Prosser is environmental, education; Ellin Goetz is environmental, education; Wayne Jenkins is environmental, conservation; Ed Carlson is environmental; Ellin Goetz is agriculture/business; Kathy Prosser, environmental. CHAIRMAN HENNING: So we covered all the bases on the selection that we have here. So we have two names that appeared on the same list -- or two different lists. MS. FILSON: Yes, and Ellin Goetz I have down for three years and one for two years. CHAIRMAN HENNING: Okay, who's the other one? MS. FILSON: And the other one is Kathy Prosser, I have her down for two years and one year. CHAIRMAN HENNING: Okay, so that would leave us 10, right? And we just need to choose from -- no, they came down on Page 107 February 11, 2003 the same list. MS. FILSON: No, this is nine and you have two of each and if you take that-- CHAIRMAN HENNING: So we need one more person. MS. FILSON: -- two from nine is seven, so you need one more person. You need to tell me if you want Ellin Goetz to have a three-year term or the two-year term. CHAIRMAN HENNING: Same list, I thought we -- think we should give her a three-year. Anybody disagree with that? COMMISSIONER COLETTA: Does it balance out, the numbers? CHAIRMAN HENNING: Yeah, does it balance out? MS. FILSON: Then you will have Kathy Prosser, who has a two-year term and a one-year term. CHAIRMAN HENNING: Give her half a year. Just split it in half. COMMISSIONER COLETTA: How about two years? CHAIRMAN HENNING: Two years? MS. FILSON: Okay. So then you need to pick two people for one-year terms. COMMISSIONER FIALA: Two people for one-year terms? MS. FILSON: Uh-huh. CHAIRMAN HENNING: I don't think that we have -- my perspective on that is it doesn't matter, because after the one year, I'm going to go with the person that completed that one year, as long as they were productive on the committee, and go for a continuing three-year. MS. FILSON: And a one-year term doesn't even count as a full term -- CHAIRMAN HENNING: Right. MS. FILSON: -- as far as being reappointed. It has to be 50 percent or more of the current term, which one year isn't. Page 108 February 11, 2003 CHAIRMAN HENNING: Does anybody have any preference on the selection of one year? COMMISSIONER COYLE: I have a question. Are these just nominations and we're going to vote on each of these people, or are these actually the people that are going to be placed on the committee without further vote? CHAIRMAN HENNING: As long as we can agree, at least three of us agree, that's the way it's going to be selected. Unless you have another process. COMMISSIONER COYLE: No, I was just sort of thinking we were going to vote on this set of nominations and then have another set of nominations until we filled out the nine. But whatever procedure you want to establish. The only problem is that there's -- some people we're not going to have a chance to have any input on. For example, if I didn't nominate them, I won't have any input at all. And maybe that's good, maybe that's bad. I don't know how you feel about it, but whatever you want to do, I'll be supportive. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Just to clarify, you said we needed one two-year terms yet to fill? MS. FILSON: Yes, ma'am. CHAIRMAN HENNING: Right. COMMISSIONER FIALA: I'll throw in two names, but then we can just pass right around. CHAIRMAN HENNING: The two names that were selected here that we're talking about. COMMISSIONER FIALA: Oh, I see. Oh, okay. I'm sorry. See, I still misunderstood. MS. FILSON: No, sir, we have William Kriz, Ellin Goetz, and Wayne Jenkins for three-year terms. CHAIRMAN HENNING: Right. Page 109 February 11, 2003 MS. FILSON: For two-year terms we have Linda Lawson, Bill Poteet and Kathy Prosser. For a one-year term we have Ed Carlson. So we need two additional people to serve one-year terms to complete the nine-member committee. CHAIRMAN HENNING: On our list. MS. FILSON: Um-hum. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: Can I ask, Sue, would you go through those slow enough so I can mark them down so I have them MS. FILSON: Yes, sir. COMMISSIONER COYLE: -- identified on my list, and the number of years that we're suggesting? MS. FILSON: Okay. For three years -- COMMISSIONER COYLE: Okay, three years. MS. FILSON: -- I have Willis Kriz, K-R-I-Z. COMMISSIONER COYLE: Okay. MS. FILSON: Ellin Goetz. COMMISSIONER COYLE: Okay. MS. FILSON: Wayne Jenkins. COMMISSIONER COYLE: Okay. MS. FILSON: For two years, I have Linda Lawson. COMMISSIONER COYLE: Okay. MS. FILSON: Bill Poteet. COMMISSIONER COYLE: Okay. MS. FILSON: And Kathy Prosser. COMMISSIONER COYLE: Okay, that's two years, right? MS. FILSON: Uh-huh. For the one-year term, I have Ed Carlson. CHAIRMAN HENN1NG: You have some recommendations, Commissioner Fiala? COMMISSIONER FIALA: Yes, I do. I would like to Page 110 February 11, 2003 recommend Michael Delate. I've never met the man, but I'd like to -- for the ag. section. And then also Dan Jackson for water conservation and ecology. CHAIRMAN HENNING: For the one-year. COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Anybody have a problem with that? Any own comments? COMMISSIONER COYLE: COMMISSIONER FIALA: COMMISSIONER COYLE: I've got some nominations of my Oh, okay. -- that I'd like to see considered. One is John Sorey, who has been a member of the City of Naples Planning Advisory Board for a number of years. And Carl Keener, who has also been a member of that planning advisory board and is a prominent agriculture and business qualification candidate. CHAIRMAN HENNING: Okay, Commissioner Halas? COMMISSIONER HALAS: I have two then. I'd like Marco A. Espinar, I believe that's how you pronounce his name. And Mimi S. Wolack. COMMISSIONER FIALA: Commissioner Henning? CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I have no new ones. You've covered all that I had a real sincere interest in. COMMISSIONER FIALA: I think every name that's been presented just now was outstanding. Could we create those four alternate positions so that these people would all get on there? CHAIRMAN HENNING: It's not on the ordinance. COMMISSIONER FIALA: I know that isn't, but I'm asking -- you know, we can pass that. CHAIRMAN HENNING: It's not under consideration today. If you want to bring it up in a future agenda, I think that's most appropriate. Page 111 February 11, 2003 So we had three commissioners with three different -- two additional names. Commissioner Coletta and I don't have any preference. So does anybody have a problem with Commissioner Coletta and I from the names that were given by the other commissioners and the two other ones have our input? COMMISSIONER COYLE: I wouldn't have a problem. CHAIRMAN HENNING: You think that's fair, Commissioner Coletta? COMMISSIONER COLETTA: I think it's fair. I mean, we'd have to actually go through the applications in front of us again. CHAIRMAN HENNING: Well, what I'm suggesting is Commissioner Coyle, Commissioner Fiala, Commissioner Halas gave us two names each. I don't have a preference. What I'm saying is you and I from their list -- COMMISSIONER COLETTA: Okay. CHAIRMAN HENNING: -- each choose one name. You want me to give you the names? COMMISSIONER COLETTA: Let's get the list and take a few minutes to review it ourselves. What's the names again? MS. FILSON: You want me to read the names? CHAIRMAN HENNING: No, I'll give you the names that I've written down. Delate Jackson (sic) was from Commissioner Coyle. COMMISSIONER FIALA: No, me. CHAIRMAN HENNING: Oh, I'm sorry, Commissioner Fiala. COMMISSIONER FIALA: We look alike. COMMISSIONER COYLE: Delate what? CHAIRMAN HENNING: Delate Jackson was from Commissioner Fiala. Go ahead and speak for yourself. COMMISSIONER COYLE: I'm sorry, go ahead. Was it Daniel Jackson? COMMISSIONER FIALA: Yes. Page 112 February 11, 2003 CHAIRMAN HENNING: Sorey is -- COMMISSIONER COYLE: Yes, John Sorey. CHAIRMAN HENNING: John Sorey. And Keener. COMMISSIONER COYLE: And Carl Keener, yes. CHAIRMAN HENNING: Carl Keener was Commissioner Coyle's. Commissioner Halas was Marco. COMMISSIONER HALAS: MS. FILSON: Espinar. COMMISSIONER FIALA: Spinar (sic). Espinar. CHAIRMAN HENNING: Espinar. COMMISSIONER HALAS: Espinar. CHAIRMAN HENNING: And then the second choice for Commissioner Halas was Mimi Wolack. So I'm going to throw out there my choice, Michael Delate. Commissioner Coletta? COMMISSIONER COLETTA: Can you give me just one second here, please, while I refer to my notes. Yeah, Marco Espinar? CHAIRMAN HENNING: Yes, that would be a choice with me. CHAIRMAN HENNING: Okay. And everybody can see that we take our advisory boards very serious. So we have -- I think we have a committee, ladies and gentlemen. MS. FILSON: And those two would be for the remaining one-year terms? CHAIRMAN HENNING: Correct. So I will entertain a motion at this time for -- COMMISSIONER COLETTA: So moved. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: There's a motion by Commissioner Coletta and a second by Commissioner Fiala to accept the advisory committee for the land acquisition. All in favor of the mission sig -- Page 113 February 11, 2003 COMMISSIONER COLETTA: Hold it. CHAIRMAN HENNING: Mr. Weigel, thank you. MR. WEIGEL: Thank you, and you're doing fine. I just want to clar -- make sure the record is clear that the process that's gone forward here, you know, complies with the Sunshine Law and with the Public Records Law, so I'll explain again what has occurred. Subsequent to the lunch break, Board of County Commissioners have independently of each other provided a list of each person's nominees for this committee, and Ms. Filson has compiled the list and placed on the record the tally of the compilation of that list. Each of the documents provided by each of the five commissioners identifies the commissioner to the notes or the names that they have -- that they have provided. This is to become part of the public record of this agenda item of this meeting, and it is subject to review at any point in time. It can be understood from the discussion that the board has had that the names that Ms. Filson mentioned showed up on the lists of a majority. The names for the three and the two and the one-year showed up with more than one selection by the commissioners to come to that ranking. Correct, Ms. Filson? MS. FILSON: That's correct. MR. WEIGEL: And how many -- at least how many commissioners on the written tally would show up for each of those positions under three years, two years and one year? At least three commissioners, as you performed your tally? MS. FILSON: Yes. MR. WEIGEL: Okay. Again, I'd like for the commission to restate the three-year nominees of the commission, the two-year and one-year, and then the Board of County Commissioners take a vote on that entire group with one vote. CHAIRMAN HENNING: Go ahead, Ms. Filson. MS. FILSON: Three years is Willis Kriz, K-R-I-Z, Ellin Goetz, Page 114 February 11, 2003 Wayne Jenkins. Two years is Linda Lawson, Bill Poteet, Kathy Prosser. One year is Ed Carlson, Michael Delate and Marco Espinar. COMMISSIONER COLETTA: That's included in my motion. COMMISSIONER FIALA: And in my second. CHAIRMAN HENNING: Okay, and that's great for that clarification. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. Opposed? (No response.) CHAIRMAN HENNING: The motion carries 5-0. Thank you very much. COMMISSIONER FIALA: Can I ask you when we can bring up getting alternates so that they start with this group and don't slip behind? CHAIRMAN HENNING: It would probably be appropriate under commissioners' correspondence or under commissioners -- at a furore agenda, commissioners agenda number nine. COMMISSIONER FIALA: Okay, I'll bring it up later. Okay, thank you. CHAIRMAN HENNING: Okay, ready to proceed? Item #9B RESOLUTION 2003-77 RE: APPOINTMENT OF A MEMBER TO THE COLLIER COUNTY PLANNING COMMISSION: BRADIJEY WIIJI~IAM SCHIFFER - ADOPTED Page 115 February 11, 2003 Item 9(B) is an appointment of one member to the Collier County Planning Commission. COMMISSIONER HALAS: Yes, I'd like to nominate Bradley Schiffer. He's an architect and I think that he would bring a lot to the planning board. CHAIRMAN HENNING: Motion on the floor for Mr. Schiffer to be -- fulfill the remaining term of planning commission. Is there -- COMMISSIONER FIALA: I'll second that. CHAIRMAN HENNING: There's a second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. Item #9C RESOLUTION 2003-78 RE: APPOINTMENT OF MEMBERS TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD- ALBERT DORIA, JR., KATHRYN GODFREY, GERALD J. LEFEBVRE, AND GEORGE P. PONTE APPOINTED- ADOPTFD Next item is 9(C). MS. FILSON: Mr. Chairman? CHAIRMAN HENNING: Yes. MS. FILSON: I'm sorry, on this item, George Ponte has served Page 116 February 11, 2003 two terms, so you'll need to waive that portion of the ordinance. CHAIRMAN HENNING: George who? MS. FILSON: Ponte. CHAIRMAN HENNING: I thought we were just filling a one year. Are we confirming somebody? MS. FILSON: You're -- we're appointing four members to the three-year terms. This is the planning commission, right? CHAIRMAN HENNING: Okay, we're on 9(C), the appointment of members to the Collier County Code Enforcement Board is to appoint four members to serve three-year terms, expiring February 14th, 2006. MS. FILSON: I'm sorry, code enforcement. COMMISSIONER FIALA: I'd like to make a motion that we take all four candidates to fill the four positions and waive the limitations on two consecutive terms for George Ponte. CHAIRMAN HENNING: There's a motion on the floor. COMMISSIONER HALAS: I second it. CHAIRMAN HENNING: There's a second. Motion by Commissioner Fiala, second by Commissioner Halas on the appointment of four members to the Collier County Code Enforcement Board. All in favor of that motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. Item #9D Page 117 February 11, 2003 RESOLUTION 2003-79 RE: APPOINTMENT OF MEMBER TO THE WORKFORCE HOUSING ADVISORY COMMITTEE: VINCENT A. CAI ITF, RO APPOINTED- ADOPTED Next item -- do you have anything on the next item, Ms. Filson? MS. FILSON: No, sir. CHAIRMAN HENNING: -- appointment of members to the workforce housing advisory committee. Appointment of one member to fulfill the remainder of a vacant term. Committee recommends Vincent Cautero. COMMISSIONER FIALA: Yes, then I'd like to make a motion that we accept Vincent Cautero, as he's attended every -- just about every meeting we've had. COMMISSIONER COLETTA: I'll second that. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Coletta to appoint Vincent Cautero to the workforce housing advisory committee. All in favor of that motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. Item #9E RESOLUTION 2003-80 RE: CONFIRMATION OF MEMBERS TO THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE: Page 118 February 11, 2003 JOHN ARCERI AND BEDFORD BILES APPOINTED- ADOPTED Confirmation of members to the Collier County Coastal Advisory Committee. Appoint two members to represent Marco Island to fulfill the remaining vacant terms in the coastal advisory committee. MS. FILSON: If I may mention one thing on this, Mr. Chairman. I talked to Mr. Bill Moss of Marco Island, and he had originally appointed John Arceri until May 22nd, 2003. And I explained to him we would have to send him a letter of an appointment, along with a letter of expiration, so he agreed to appoint him for the remainder of the term plus a full term. That's why you have 2007 here. CHAIRMAN HENNING: Well, thank you for that clarification. Commissioner Fiala, do you have any recommendations for us today? COMMISSIONER FIALA: Yes, I'd like to make a motion that we accept the Marco Island city manager's recommendation of John Arceri and Bedford Biles for the position of Collier County Coastal Advisory Committee. CHAIRMAN HENNING: There's a motion by Commissioner Fiala for the new members. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Commissioner Coletta seconded the motion. All in favor of the motion, signify by saying aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: COMMISSIONER COYLE: COMMISSIONER HALAS: CHAIRMAN HENNING: Aye. Aye. Aye. Aye. Page 119 February 11, 2003 Any opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. Item #9F "ORANGETREE GOVERNMENT SERVICE DAY" EVENT AND RF,I,ATF,D BI IDGF, T AMF,NDMF,NT - APPROVED Next item is 9(F), approval of the Orangetree Services Day events and related budget amendments. Who has that item? COMMISSIONER COLETTA: I think I do. And I do appreciate you giving me a chance to go over this, because this is something that I think is going to serve the needs of the residents of the rural part of Collier County who are far removed from downtown Naples and wouldn't be able to attend our large government fair day that we have down there that's very well put on. This would be something of a much smaller direction, and even a little bit more diverse. I'm looking for a function we can bring in some government employees from basic services such as transportation, animal control, to cite a couple of examples, and also couple that with constitutional officers being there, having their own tables at the middle school to be able to set up displays, answer questions. I want to invite such entities to this service day. It would include the Orangetree Property Owners Association, the Waterways Property Owners Association, Golden Gate Estates Civic Association, even the Golden Gate Property Rights Group, Immokalee Civic, the Golden Gate master plan, representatives from the committee, to be able to answer different questions and get ideas from the public. The major developers that are taking place out there such as in Orangetree, Page 120 February 11, 2003 Brian Paul to come in and be able to show some of the different ideas he has. Possibly major pit owners who are having a problem now with the trucks, that we're going to have to be dealing with very shortly. Looking also to invite the people from the Collier County Fair board, which are in the middle of the whole process, and they'll be able to interject their opinions and some of their future plans, which they've just came up with a conceptual plan for the fairgrounds. The 4-H, have them come and outside possibly have a fundraiser selling hot dogs and hamburgers. Of course our tax assessor. Generally covering everything, even the cable TV people, Orangetree utilities, all these things that people are looking to interject with. Maybe you want to invite Fish & Game. The part that the county itself is going to be involved in will be a small part of it. The school board of course is invited, just so we don't leave them out of the mix. CHAIRMAN HENNING: Commissioner Coletta, I'm glad you brought this up, something that I thought about in the past. And it's only right, if we're going to do this to be fair to all the commissioners is we need, in my opinion, to do two things: The Government Days is rotated into the commissioners' districts on a yearly basis, or budget for each and every commissioner in their district to have a government day. It would only be fair, then we have some people, folks on Marco Island, if it's hard for people in Orangetree, same distance would be for the people in Marco Island. COMMISSIONER COLETTA: Well, I would never suggest that we move Government Days we have at the fair out to the middle of the Estates, because I think the draw we would have would be minimal compared to what it is in the populated center. This is to augment it slightly to be able to reach the very rural areas. We're talking about as far away as Immokalee, which is about almost 40 miles removed from the mall. People from that area, they just don't Page 121 February 11, 2003 find it convenient. And this is -- compared to our government day, I'm not too sure, but I think if we compared expenses, we're probably looking at, oh, five percent of what the total cost would be. CHAIRMAN HENNING: Okay. COMMISSIONER COLETTA: Could I make a motion? CHAIRMAN HENNING: Sure. COMMISSIONER COLETTA: If I may, I'd like to make a motion to approve this. CHAIRMAN HENNING: Okay, I have a motion to approve the Orangetree Government Day -- Service Day. COMMISSIONER FIALA: I'll second that. CHAIRMAN HENNING: There's a second -- motion on the floor and a second. Any further discussion? COMMISSIONER HALAS: I think that this -- I'd like to just interject here that I think this is a good idea, especially for the people in Immokalee. And I'm hoping that if we decide to vote on this, and then voted to vote it in, that the people in Immokalee will use this and take advantage of this. This is kind of an unusual deal here, and I realize that Immokalee is somewhat divorced from the urban area, so I think we need to make sure that the word gets out and that these people are sure that we invite them and make sure that they attend. CHAIRMAN HENNING: Question. Where are we going to get the money? COMMISSIONER COLETTA: Well, that's where I'm asking for your help. And other than possibly donating out of your pocket, the second thing for consideration would be to allow it to come out of our reserves out of the general fund. CHAIRMAN HENNING: Well, you're not going to take money out of my pocket. I think you get enough of it. I think government gets enough out of my pocket. So what you're asking is take it out of the general fund. Page 122 February 11, 2003 COMMISSIONER COLETTA: That's correct, Commissioner Henning. CHAIRMAN HENNING: Is that included in the second? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Any further discussion? All in favor of the motion, signify by saying aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: COMMISSIONER HALAS: Opposed? COMMISSIONER COYLE: Aye. Aye. Aye. CHAIRMAN HENNING: Aye. Motion carries 3-2. The opposing commissioners was myself, Commissioner Henning, and Commissioner Coyle. Item #9G APPROVE PAYMENT OF CONSTRUCTION COST DIFFERENTIAL TO FLORIDA POWER AND LIGHT FOR UNDERGROUND ELECTRICAL DISTRIBUTION LINES IN LIEU OF OVERHEAD POWER DISTRIBUTION LINES ALONG 91 ST AVENUE NORTH, NOT TO EXCEED $60,000 (JOSEPH SCHMITT, ADMINISTRATOR, COMMUNITY DEVELOPMENT) - TO BE BROUGHT BACK ON FEBRUARY 18, 2003 AS EMFRGF. NCY BCC MEETING- APPROVED Okay, next item is approval to payment of a construct (sic) a differential to Florida Power & Light for underground electric distribution lines in lieu of overhead power lines along 91st Street-- 91st Avenue North, not to exceed $60,000. And Mrs. Fiala (sic), can you tell me how many speakers that we have? Page 123 February 11, 2003 MS. FILSON: Six. CHAIRMAN HENNING: We have six speakers. Commissioner Halas, would you like to give us a presentation? COMMISSIONER HALAS: Yes. Let me give you a little history on this. I'll make it as quick as possible. I received a phone call here a couple of weeks ago in regards to the possibility of power lines being put down 91st Avenue. And at first I didn't think that this was going to really take place. I got ahold of staff and staff said that they hadn't had any input in regards to that from FP&L. So at that point in time what we did is -- and I say we, the citizens that were concerned about that, they met with me over at the library. We also had a couple of representatives from FP&L show up. And at the time they told us that their plans were to put this line down 91st Street, they were coming out of the substation at Frank Goodlette (sic), and then they were going to proceed westbound on Vanderbilt Beach Road. Then when they got to 41, they were going to head north and then go across U.S. 41 and then proceed down 91st Avenue. And at that point the line was going to be above ground and it was going to go all the way down to Vanderbilt Drive, then head south on Vanderbilt Beach Road again, approximately directly across from the Ritz-Carlton. The line was going to go back down underground and then it was going into Pelican Bay. This power line is somewheres between 23,000 volts and 30,000 volts. And it basically is not serving the residents at all in the three communities that it's interfering with and, therefore, we're concerned that these people are being infringed upon, especially the people in Naples Park. They've got power lines in their backyard presently and now they're going to have power lines in their front yard. It's an easement that is shared by two other communities which are Pavilion and Beachwalk, along with Naples Park. We have been in contact with people from FP&L, pleading their Page 124 February 11, 2003 case -- or our case, that we'd like to have this underground. Of course FP&L said that they're looking out for shareholder value. It looks like it will be about around $60,000 to have this put underground. We feel that this is just the tip of the iceberg, that this is going to affect other communities, could be in district four, district one and district three. I'm not sure about district five, there's still possibly there (sic). And right now we don't have any real means of containing these costs, so maybe we'll have to look at eventually changing the LDC and looking at franchise fees. But the problem that arises here is that when we initially talked with the people from FP&L, the statement that they made was that they were looking at this project to be completed in June and they were going to start sometime in April or May. When they realized that the community was getting somewhat upset, they immediately moved the time line up. They ramped this thing up to the point where it looks like they're going to start possibly this coming week. And they want to have this done by the end of March. So it really puts the residents in a quandary here. They do not have an MSTU in place. I don't think we could even get it in that quick. Secondly, there is no MSTU in existence to handle this. So what we're looking for is number one is -- to address this is to address this on the land development code later on so that we have a franchise fee so that other communities such as Golden Gate, East Naples and other areas don't run into the same problem. And they're going to run into it. And I feel that what we need to do is see if we can help the citizens here. We're talking about for roughly 3,000 citizens that it's affecting, and we feel that we need to have some relief and that we need to also address this issue so that it doesn't happen again. And that's my case. CHAIRMAN HENNING: Okay, I'm not sure if we have any representative from FP&L here, but if no further discussion, maybe Page 125 February 11, 2003 we should go to the public speakers. Commissioner-- COMMISSIONER FIALA: Can I ask a question? CHAIRMAN HENNING: You have a question? Thank you. COMMISSIONER FIALA: Yes, for Commissioner Halas. I notice somebody gave me a map and it looked like this FP&L thing was going along a major road. COMMISSIONER HALAS: Maybe we could put this on display. COMMISSIONER FIALA: And then all of a sudden it dumps into this community where it goes above ground until it gets through the community. Then when it gets back on the major road, it's underground again. What is the purpose behind -- it's almost like purposely forcing it into their community. Why did they do that? COMMISSIONER HALAS: I'm not sure if the county manager would like to get involved in this, but basically is that -- basically because of the new land development code laws whereby new communities that are being built, whether it's a PUD or whatever, that is an assessment that is included in the PUD. The end result is when the person buys a home or a condo in that area, that is part of the cost of buying that condo. And this is something that's been on the books since probably 1977 with the advent of Pelican Bay. Of course we've got -- the communities that it's affecting are the communities that have been in this area for many, many years. CHAIRMAN HENNING: I think we do have a representative from Florida Power & Light in the back; am I correct, sir? Nobody jumping on board? Boy, I sure do have some questions for Florida Power & Light. MR. MUDD: Let me try to help a little bit. And in no way, shape or form am I on Florida Power & Light's side, okay? I've done everything I can to try to twist their arm to do something different. Florida Power & Light basically run -- they run lines to customers, may they be transmission lines or just service lines to Page 126 February 11, 2003 individual residences. In their mode of operation, one that's in the rates, is to send that particular service above ground. That's the way they do business. It's above ground. If somebody -- Leo has that disease that I had yesterday. If they go below ground, it's basically at the cost of a developer, a neighborhood or whatever, because they want the lines buried instead of above ground because they're an eyesore. And the City of Naples is no different. I've heard the Mayor say a number of times that she would like to have the lines buried. And so they're going to bring them above ground. Why do they go below ground and then above ground and then below ground? It's basically because somebody has paid them the extra money to bury them. In this particular case, to bury the above-ground section down 91st Street, we estimate at around $58,000. We put 60,000 because it's still an estimate. And FP&L will bury the lines for $58,000. And we've had those discussions with Mr. Whitten (phonetic), Grover Whitten, who's their regional representative. The Commissioner also made some other comments, and I'd like to get some clarification real quick. And I think this would be better be handled in a workshop, if we talk about future land development code changes to say all new power lines will go underground. I need to let the board know that there was a case that went to the Supreme Court and it has to do with the City of Lake Mary, I think it is, against Florida Power Corp. in which the Supreme Court said you can pass an ordinance that says you will bury lines, but when you do, the county or municipality, whoever it is, will pay the difference to that power company for the price of going above ground to below ground. So just because you pass the law doesn't mean that you're not going to have to cough up the dollars in order to do that. We'll also make -- because nobody on this board was here in Page 127 February 11, 2003 1999, we came forward to the board and talked about a franchise fee, and the franchise fee would be against power companies that use our easements. We have an ordinance right now that says they can use our easements and we basically say they can use it free. And in 1999 the board didn't want to take on that franchise fee, because that franchise fee would basically be a cost that would be tacked on to everybody's power bill on a monthly basis, and they didn't want to burden the taxpayers of Collier County with that particular fee. That fee, three percent, for instance, would bring anywhere from four to six million dollars into Collier County annually. Those monies, if you-- if the board decides to workshop this and would further decide that they would like to pass an ordinance that says all future new lines that come into Collier County will be buried, that franchise fee would give you the ability to have dollars in a fund that would be able to be paid to that power company to offset those costs to be in keeping with a Supreme Court decision that was made two years ago. That's all I have to say, Mr. Chairman. CHAIRMAN HENNING: Okay. Ms. Filson, will you call up the public speakers. MS. FILSON: Yes, sir. First speaker is John Hickey. He will be followed by Vera Fitz-Gerald. MR. HICKEY: Yes, I'm John Hickey from Beachwalk Residents Association. And I've talked to most of you on this subject before. The first thing I would like to do is call for the people who are here today that are supporting the burying of the line along 91 st Avenue to please raise their hands. Thank you, I just wanted the board to see what support we have here present before you. Secondly, I'd like to report to you that there have been over 1,200 partially -- that is an estimate, but over 700 signatures have Page 128 February 11, 2003 gone to Florida Power & Light, and the balance are e-mails and faxes to Mr. Whitten in Fort Myers, saying that we want that line along 91 st Avenue buried. We have had almost no response from Florida Power & Light on this subject. The other point I would like to point out to you is this: The route of this line which Commissioner Fiala has rightfully questioned, was developed by Florida Power & Light. It was not developed by the county, at least to our knowledge. And there has to be a reason why a for-profit company runs a line circuitously up Route 41 west on 91st Avenue, down Vanderbilt Drive and back onto Vanderbilt Beach Drive going west. And the reason for that is cost. They had a distinct savings from -- for doing that route as opposed to coming directly west down Vanderbilt Beach Road, where they presently have power poles and lines. And when we raised this question directly with them at one of our sessions, we were told that the cost would be tremendous coming down Vanderbilt Beach Road directly, because they would have to disconnect all of the lines on those poles today, pull the poles out, put new poles in -- and by the way, these are 50-foot poles; what are in place now are 35-foot poles -- and then reconnect all of the lines. Obviously the labor cost involved there would be much greater than digging a hole in the ground, sticking a new pole into it and putting one line on top of the pole, which is what they intend to do down 91 st Avenue. The point that I would like to leave with you is this: If Florida Power & Light saved "X" amount of dollars by going this circuitous route, then why doesn't the $60,000 come out of those savings to pay for burying that line? The other point I want to make and emphasize to you is that there are no -- and Commissioner Halas did mention this point, I just want to emphasize that there are no feeder lines coming off of this transmission line. It is coming from the power station over on Page 129 February 11, 2003 Goodlette-Frank Road, going north onto Vanderbilt Beach Road, west on Vanderbilt Beach Road -- underground, I might add -- under 41, where we understand there is a pipe now that was put in place when 41 was widened, across up on pole again, north on 41 to 91st Avenue, and then west -- down 91st Avenue to Vanderbilt Drive and the way I just described. There are no feeder lines off of this. The power is going west of Vanderbilt Drive. That's where the power will be used. Beachwalk, Pavilion Club, Naples Park and the other communities along there do not get the direct benefit of that line, the power in that line. I'd also like to thank all of you, especially Commissioner Halas and County Manager Mudd and Joe Schmitt for their cooperation with us, their advice. And it's just been a pleasure working with them on this whole project. And thank you for your considerations. MS. FILSON: The next speaker is Vera Fitz-Gerald, and she will be followed by Tim -- and I think it's G-U-I-N-E-E. Guinee. MS. FITZ-GERALD: Hi, I'm Vera Fitz-Gerald from Naples Park. And John Hickey said just about everything I was going to say, so I'll try not to say it again. I just want to point out that we are not asking for something special from Naples Park. We're not asking you to bury the 21 miles that we already have in our backyards, nor are we asking you to bury the 800 block where they plopped the poles in the front yards to feed -- what's the name of that -- Pelican Marsh, nor the lines that they plopped in the front yards of the people on 91st in the 800 block, the Pavilion Club. We're just asking you to please help us avoid this disaster, which as John has pointed out, does not benefit us at all. They're just coming through there because they see a cheaper way to go. And this just makes me so angry, and I think you're going to find this is going to happen in other areas as we develop these communities, these new PUD's. Others will come forward. And I really support this idea of having a franchise fee, and I Page 130 February 11, 2003 know it's going to appear on my electrical bill, but for the whole community this is going to be a big benefit. We can bury all new lines and all lines that have been moved. As you all know, we live in a hurricane prone area, and one of them is going to come through and we could lose our electricity for five months if we're on the above ground system. Now, there was one gentleman out in the hallway who lives in Beachwalk, and he had to go home, and he worked for a power company, and he was kind of aware of all these things. And he said ask FP&L how frequently we get lightning in this area, and he said to ask them if we're prone to lightning, and if we are, to point out how much less maintenance is in a lightning prone area, and of course this is the lightning capital of the world, then it would be -- the maintenance is going to be considerably lower to FP&L if the lines are buried. The one other aspect that people have talked about is the environmental problems, besides the fact that FP&L are going to hack those beautiful oaks down, which really upsets me. The other environmental problem is living under a high power line. They will tell you that that hasn't been proven. I will say to you, it hasn't been disproven either. So I personally don't want to live under a high-powered line. The big problem is there's going to be a reduction of property values for those people who have to look at that God-awful line going down 91 st. It's just not fair. So that's basically what I have to say. Thank you. MS. FILSON: The next speaker is Ken Guinee, and he will be followed by Robert Ferrante. MR. GUINEE: Tim Guinee-- CHAIRMAN HENNING: Mr. Guinee, hold on. Mr. Ferrante, would you stand behind Mr. Guinee so we don't take up too much time? Thanks. Page 131 February 11, 2003 I'm sorry, sir, continue. MR. GUINEE: Thanks for the opportunity to address this issue. Back a few years I was in the development business myself and I had occasion to do business with electric companies. And I found by experience that there really isn't that kind of difference in this kind of a job. You know, you don't set 50-foot poles for nothing. You don't have people climbing up and down them for nothing. And once the trench is in and the tubes are in, it's there forever. I'd like to see some cost justification for this 50 or $60,000 that they're talking about, and I don't think it rightfully belongs to us. MS. FILSON: The next speaker is Robert Ferrante, and he will be followed by John McGuire. MR. FERRANTE: Yes, my name is Robert Ferrante, and I'm a resident of the Beachwalk community. Lot's been said. And I had six points to make, the points have been made. I will not be redundant. And my last comment and only comment will be that there seems to be a need for resolution, and it seems to me that over time there's a possibility of a long-term franchise fee that you've already discussed. That may or may not happen. That's your choice. But in the interim, if you could help us out by dealing with a concept of an MSTU concept that would be -- that would charge the subset of people directly benefitting from this and forward fund the $60,000, not to exceed, from your budget and retrieve that back through the MSTU, that would benefit and make everybody whole, and this problem would disappear. Thank you very much. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is John McGuire, and he will be followed by your final speaker, Gordon Smith. MR. McGUIRE: For the record, my name is John McGuire. I live in Beachwalk, 803 Reef Point Circle. Basically I was going to say about the same thing that Bob Page 132 February 11, 2003 Ferrante said, except that, you know, they'll probably be out there next week, and time is of the essence. And so what we need is the help of the commissioners to get the line underground -- furnish the money, get the line underground and stop the overhead. And you're the only people that can really do it. We can't do it. And you're the only people that can assess the community. If it's up to us -- like Florida Power & Light are saying hey, Beachwalk, you pay for it. Well, it should be everybody -- the people on the end use that are using the lines, the power, and everybody around in the community, if you get 5,000 units, $60,000 is a one-shot deal of about 15, $20 apiece. And that's the thing we're looking for. I appreciate that you people can't spend $60,000 of the taxpayers' money because you need it in your own communities and you'd be setting a precedent, but we do need some help and we need it now. Thank you. MS. FILSON: Final speaker is Gordon Smith. MR. SMITH: Gordon Smith declines. CHAIRMAN HENNING: Mr. Smith waives. I have a legal question, and I think Mr. Patrick White is our only legal attorney that's not on the telephone. Is it -- do we have to grant people the right to use the easement when there is a clearer alternative to use an easement just one block away? Is it a given that we give them that right? MR. MUDD: Commissioner, I asked for legal opinion, because once I found out that they had the right-of-way permit, I wanted to deny the right-of-way permit. And I told FP&L that I would do so, and I didn't -- and I really told them that I was thinking about it. And I haven't told them one way or the other yet, and I'm still thinking about. But I asked for legal opinion, if I have that right in order to do that. And our ordinances clearly state that they can use our easements, and we would have to find that it violated something in a safety perspective, and that would require me to say that overhead power lines are unsafe. And that's a court battle that I chose not to Page 133 February 11, 2003 and I would advise the board not to go there because that -- that gets into every power line that's above ground in the United States, okay.9 And I think you'll find that it probably won't stand up in a court of law. So that was the only alternative that I could see. So therefore, based on the legal opinion that I received, I couldn't refuse or decline that -- or revoke that right-of-way permit. CHAIRMAN HENNING: Did you ask the question, can we delegate which easement they use? I mean, giving them a right to use an easement, can't we tell them where they need to go? MR. WEIGEL: I'd like to help. CHAIRMAN HENNING: That's pretty good. I'll leave that comment where it needs to be. COMMISSIONER HALAS: May I just say that that was brought up at two meetings, I believe, that I was involved with. We asked them why they couldn't run that power line right straight down Vanderbilt Beach road, and we really were not given a real true meaning of why they couldn't do it. CHAIRMAN HENNING: That doesn't answer my question. MR. MUDD: The answer we got back from that table was -- we even asked them to double-string on existing poles. And in both cases, either going down Vanderbilt Beach or double-stringing, the cost was more than it would be going down 91 st. And so to answer your question, can we designate them to go to additional right-of-way? I'd have to run that by the attorneys again, because I didn't specifically ask that question. MR. WEIGEL: Mr. Chairman, Commission, I think I can respond. The case that the county manager mentioned was Florida Power Corporation versus Seminole County and City of Lake Mary, known as the Lake Mary case. It went before the Supreme Court in 1991. Weighing in were essentially all the heavyweights at that time. We had Florida Power & Light, Florida Power Corporation, Gulf Power. We had Amicus Curiae, friends of the corporees (phonetic) Page 134 February 11, 2003 filed for Tampa Electric. We also had both the counties and the cities weighing in in this. We had Amicus brief from the Florida League of Cities and Amicus brief for the Florida Association of Counties, as well as for the Public Service Commission. It truly was a battle of jurisdiction and statutory interpretation. There are a few quotes here which I think will answer the questions both that Jim has already asked of the local FP&L people, but also I think be of assistant to the public as well. And the court mentioned, and I'll make a few quotes here, if I may, quickly. The highest courts of four other states have also rejected local governments' attempts to mandate the placing of underground facilities at utility's expense, just as this court did. They said -- and they quote two specific statutes; one a gentleman who spoke just brought to my attention. One of the statutes the court says this statute does not grant localities, meaning municipalities or county governments. The statute does not grant localities the power to mandate the type of system to be used by a utility, or to determine who should pay for such a system. And then it goes on to say if there was any doubt that the legislature did not intend that cities and counties could dictate the decision of whether public utilities should convert their overhead systems to underground, this was laid to rest by the enactment of section 336.04(7)(A), Florida Statutes in 1989. It goes on to say the Public Service Commission is vested with the authority to require conversion of distribution lines to underground where, quote, feasible, closed quote, if the commission finds this to be cost-effective. Now, my discussions with our staff and particularly Bleu Wallace and Tom Palmer of my office, who's been long-time utilities attorney and formerly worked for the Public Service Commission as a counsel, has indicated that if Collier County has certain desires or needs, aesthetic or health and safety and otherwise, quite frankly it's Page 135 February 11, 2003 a matter that would have to go before the Public Service Commission. And their thoughts, and I consider them to be well thought-out thoughts in this regard, is that the Public Service Commission, at an entity such as FP&L, is looking to rates on a more aerial or state-wide way, and so that we would have little weight before the Public Service Commission, but if we had to go forward, that would be the forum where we went. It goes on to point out that -- one last thing: We hasten to point out -- this is the Supreme Court -- that our ruling does not limit the ability of cities and counties to require developers of new subdivisions to place their electric power supply facilities underground. One last comment apart from this case is that if we were to go and get back into the franchise fee arrangement, that's a contractual arrangement with the utility companies. It's a two-party agreement. FP&L was in fact, after significant difficulty, was about to approve, in fact indicated they would approve a franchise agreement a few years ago. It's also possible that if something like that were to be put into place, that enough of a call it a fee war chest would come forward, that the county could contemplate -- and again, this would have to be flushed out in a workshop -- the county could contemplate not merely the location of new power lines but potentially the relocation of old power lines underground, if a program were worked out along that way. CHAIRMAN HENNING: Okay, I didn't ask about burying the existing lines somewhere else, I asked about dictating where the line goes. But maybe Commissioner Coyle can give some assistance. COMMISSIONER COYLE: Yeah, I understand from what you just said, David, we don't have the authority to instruct FP&L where they should put their lines. MR. WEIGEL: No. COMMISSIONER COYLE: Or how. Is that true? Page 136 February 11, 2003 MR. WEIGEL: That is correct. COMMISSIONER COYLE: We do have the authority, however, to grant rights-of-way. But once rights-of-way have already been granted, we don't have the authority to tell FP&L how that right-of-way is to be used; is that correct? MR. WEIGEL: That is absolutely correct, Commissioner. COMMISSIONER COYLE: Okay. Then it seems to me that the issues are fairly clear cut here. And before I propose a solution, I'd like to compliment the people who spoke to us today. You were not repetitive and you were very reasonable, although I know there's a lot of anger with respect to how you were treated by FP&L. And I really appreciate your very constructive comments. There's no way I think this commission can just pay $60,000 to get this done. It would set a precedent that would cost us tens of millions of dollars, because every neighborhood in the county would be wanting to do the same thing. But we can establish an MSTU and we can do it fast. And if Commissioner Halas's figures are correct, there are 3,000 people affected by this, that's $20 apiece. And if we set up an MSTU, and we can set up one, I don't like to do it without your permission, but we can just decide to set it up. It's that simple. And then we can assess you at $20 for a year and then hopefully it will all go away. And I think that seems to be the only alternative we have. We just can't give you the money, but we can certainly establish an MSTU, charge you $20 for the first year and then we recover our investment or our loan for the MSTU and it's all taken care of. And then we can continue to evaluate the franchise fee, which I think is a good one. But we have to understand one thing, that when we do that, we're increasing taxes for everybody in Collier County. And everybody in Collier County might not want to spend money on undergrounding some of the utilities. In fact, some people already have them undergrounded, and they might object to a countywide tax Page 137 February 11, 2003 just to get some undergrounding done. But that's a topic for another discussion. But it seems to me, and I would make a motion that we proceed to establish an MSTU as quickly as possible, make a loan of $60,000, make sure FP&L is aware of that, and get them to start working on the undergrounding. CHAIRMAN HENNING: And I'll second that motion, if the consideration of the MSTU is for the people who benefit. People who benefit. Commissioner Coletta? COMMISSIONER COLETTA: Yeah, I can't agree with you more. We have to come to their aid now. And we have -- possibly next week they may be doing this. You know, obviously they're not regulated by government or they'd never get it done this quick. COMMISSIONER COYLE: You'd never have any power lines. COMMISSIONER COLETTA: No, you never would. Maybe we ought to get them to come to work for us. I'm just kidding on that part, Mr. Mudd. One suggestion I've got is the funds, where are they going to come from? We do have, for a bridging gap, we can borrow the funds from the cable TV 111 fund, where we charge them about -- Mr. Wallace, would you come up here for just a second? MR. MUDD: Commissioner, we could take it out of the 111 account that other utilities like TV -- COMMISSIONER COLETTA: Right. MR. MUDD: -- things go against. And the first time that we'd have this paid back, first time it would show up on their tax bills would be October of 2004, because we've missed the MSTU deadline, from what I understand. We could go through and get it set up. It gets noticed after the first of the year this year, and then it would show up on the subsequent year tax bill that would come in October, 2004. But David, you've got some details you might want to Page 138 February 11, 2003 give the board. MR. WEIGEL: Okay, and I think Mr. Smykowski may join me. The board arguably, and I think the clerk would review this very closely as well, would have difficulty in making a loan. The county commission has problems in making loans generally, particularly to an entity that's not created. Now, the MSTU can be created -- clearly it's an ordinance, it can be created one of two ways: A regular advertised hearing, at which could come back in two meetings. It can even be done by emergency at the next meeting. There is that statutory power under 1256669 to do so. And county attorney process has always been-- practice has always been to advertise, even if it's less than 10 days, so that we give as much dignity to the public aspects of any board meeting, particularly an emergency ordinance. But I would like the record to reflect today that the fact is that that ordinance is not a done deal. It's something that will come and be deliberated at that point in time, because that's what Board of County Commissioners' deliberations are about when they are lawmaking and in ordinances, their local law, that they will hear the pros and cons at that particular point in time, that their minds aren't necessarily absolutely made up, so that it is a meeting when it's held, even though it's a very purposeful meeting when it's held. And so if the board advances the $60,000, it would ostensively be for a repayment from this MSTU. But we cannot absolutely claim that the MSTU is a done deal right now in regard to that repayment. And the board, if for some reason the MSTU is created or not created, the board may still at any point accept donations from the affected people and can keep a record of those donations and factor that in to any future MSTU costs that might come through. But time is of the essence, both in the neighborhood area there, as well as the board, if they wish to create these legal entities. CHAIRMAN HENNING: Commissioner Fiala? Page 139 February 11, 2003 COMMISSIONER FIALA: Yes, just for clarification, for my own understanding, when you say the people that benefit -- or the affected people who would have this MSTU imposed upon them, we would impose this upon them, are those the people that benefit by getting the electricity, somewhat like a user fee, or those who benefit by not having the poles in their yard? AUDIENCE MEMBER: Both, Commissioner Fiala. CHAIRMAN HENNING: We're going to bring this up in a future -- so we'll decide that at that time. Commissioner Coyle? COMMISSIONER COYLE: My intent was not to loan money before an MSTU was formed. I was merely making a proposal that we do have the authority, if we wish to, to establish an MSTU. And we can do it on an emergency basis, since I think we can classify this as an emergency. We have to move quickly. MR. WEIGEL: Yes. COMMISSIONER COYLE: And as long as FP&L understands that we're moving in that direction, rather than preparing to put up poles, they can start preparing to put them underground, pending the outcome of the MSTU vote at our meeting in two weeks. And if that meeting results in an MSTU being created, we can immediately grant a loan to the MSTU. And so in two weeks, if the MSTU were approved, it seems to me that this thing could be solved in the next two weeks. CHAIRMAN HENNING: I'm sure the county manager and our staff will figure out how we're going -- I think they know the intent. MR. MUDD: I will contact-- Mr. Chairman, I will contact FP&L and do everything I can to make sure that they don't start construction before we have the 25th February meeting and you have an opportunity to discuss the MSTU with the companion exec. summary that will be there after it to loan the $60,000 to that MSTU. COMMISSIONER COYLE: Tell them they'll never get another Page 140 February 11, 2003 right-of-way in the county if they don't. COMMISSIONER FIALA: There you go. CHAIRMAN HENNING: And when my air conditioner goes out, I'm going to be looking at you. Commissioner Halas? COMMISSIONER HALAS: So let's make sure that we got the clarification out here for the audience. We're looking at three communities here that are going to be involved in this MSTU, and that's all the people that are registered voters in that particular area will probably be assessed somewheres between 15 and $20 apiece, whatever the general consensus is for the population of these three communities that are going to step up and pay for the burying of this power line; is that -- everybody understand this? And it's going to be like a one-year MSTU; is that my understanding? MR. MUDD: Commissioner, first thing I'm going to say to you is there isn't 3,000 owners down 91 st Street through Beachwalk to that particular case, okay? That's the first thing I'm going to say to you. And I think you heard a 3,000 figure that one of our speakers mentioned, and I think they were talking about all of Naples Park. COMMISSIONER HALAS: Okay, so what are we -- who are we assessing then? MR. MUDD: Well, that's a good question, Commissioner, who are we assessing in this particular case? COMMISSIONER HALAS: I think we ought to get that cleared up here. MR. MUDD: And we heard something about who receives the benefit. The benefit here is visual benefit, you know, and so some people in here might say that's not a good idea, but I will tell you where that power ends or wherever that line ends to wherever it's going to go to, those folks will say they've already paid their share to get it buried in their particular neighborhood, based on the price of Page 141 February 11, 2003 their property. And in that particular case, you will have -- you'll have half the county chamber filled with the folks that will tell you no, they don't want to do that. So I would suggest that we work on visual benefit in this case, and then we need to define the limits of that particular -- those power lines and how far they are. So I will have staff go out there, because these things were going to be 50 foot high. If I recollect correctly in our meeting that we had with FP&L, they said these are going to be super tall so that they get over the trees is what they told us. So we'll take a look at what 50-foot will give us as a visual, and we'll start taking a look from Beachwalk and we'll also take a look from 91st Street to figure out what properties that affects, and then we'll -- COMMISSIONER HALAS: That's Pavilion club. MR. MUDD: Yeah. And then we'll take a look at that and that's what-- CHAIRMAN HENNING: Okay, no comments from the floor, please. We're going to bring this back, so we can hash it out who's the benefit of it and who needs to pay for it. So I don't think we need a lot of discussion on that. But Commissioner Coletta has been waiting patiently to say something. COMMISSIONER COLETTA: I almost forgot what I was going to say. CHAIRMAN HENNING: That's all right. COMMISSIONER COLETTA: But I do remember. You people can feel very fortunate that you have such a caring commissioner that's been on top of this. Commissioner Halas has done an excellent job pursuing getting that -- I assure you that he has the backing of all us commissioners. We've got to keep an open mind, Mr. Mudd, of what we're going to -- this is going to be. Hopefully you'll bring back all the Page 142 February 11, 2003 alternatives, not just a visual one. Let's keep an open mind until we get back here to discuss it again. The unknown factor that I haven't heard discussed is how quick FP&L's going to be moving on this. COMMISSIONER HALAS: Next week. COMMISSIONER COLETTA: We're now to an emergency thing where they're going to do it one, two, three. What's the shortest period of time before we could call an emergency meeting to deal with it? MR. MUDD: Next Tuesday. You have a workshop. COMMISSIONER COLETTA: Possibly we should do that, announce it right now and make a commitment to be able to handle it then and get this over with before they put those poles in the ground and start charging us even more to take them out. MR. MUDD: How does that work? MR. WEIGEL: That works fine, particularly that you're creating a record right now that will be reported in the papers and in the news in regard to doing this. So Tuesday's fine. Reasonable notice is all that's required under the law for any kind of a meeting, emergency or otherwise. And we will craft something as a press release prior to then in any event, to get it out. And then keeping in mind that a taxing unit is based upon the ad valorem value, the value of property. So property that's worth a lot pays more, property that's worth less pays a little less when you use the taxing mechanism. But we can provide all the alternatives for a very helpful discussion on that. CHAIRMAN HENNING: Okay. No other further discussions, so-- COMMISSIONER HALAS: I would like to make a few comments. I want to -- on behalf of all the citizens in these three communities that worked diligently, I want to thank you very, very Page 143 February 11, 2003 much. And I want to also thank the staff; they spent a lot of time and hours in trying to figure out the best way that we could address this serious problem. And I also want to thank my fellow commissioners. Thank you very much. CHAIRMAN HENNING: Okay. There's a motion by Commissioner Coyle, seconded by myself. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: COMMISSIONER HALAS: COMMISSIONER FIALA: Aye. Aye. Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. Any opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. County Manager Mudd, I think that you have some sufficient direction. Package it up, box it up, put a ribbon around it and bring it back to us. MR. MUDD: Yes, sir. Item # 10A RESOLUTION 2003-81 RE: ADOPTION OF A RESOLUTION OPPOSING DISCRIMINATION AGAINST ALL CITIZENS OF COLLIER COUNTY (DEBBIE WIGHT, ASSISTANT TO THE COl INTY MANAGER) - ADOPTED CHAIRMAN HENNING: Next item is county manager's part of the agenda, and item A is to adopt a resolution opposing discrimination against all citizens of Collier County, presented by? MS. WIGHT: Debbie Wight-- CHAIRMAN HENNING: Deborah Wight. Page 144 February 11, 2003 MS. WIGHT: -- assistant to the county manager. CHAIRMAN HENNING: Thank you. Go ahead. MS. WIGHT: Good afternoon, Commissioners. Debbie Wight, assistant to the county manager. I am here today to present to you the resolution you requested opposing unlawful discrimination against all residents of Collier County. You the board directed staff to develop an anti-discrimination resolution as part of a recommendation proposed in a memorandum by Commissioner Halas that was approved by you at the January 14th meeting. Before you today for adoption is the resolution which supports the equal rights and opportunities of all the citizens of Collier County, opposes unlawful discrimination, and seeks to promote the civil and human rights of all Collier County residents. The commissioners agreed that because there are existing federal and state agencies that handle discrimination issues and complaints, Collier County government's role would be to serve as a source for information and referral as a liaison between residents and those existing agencies. In approving the recommendation set forth in the Halas memo, the board also directed staff to establish and administer the community relations information and referral service that will provide the public with a source for information, referrals, discussion and education on matters affecting human relations and civil rights issues in Collier County. The community relations information and referral service will be assigned as a function of existing staff in the communication and customer relations department. Although preliminary plans include development and dissemination of informational brochures and pamphlets, as well as production of public service announcements for broadcast on Collier County government television Channel 1 1 and Page 145 February 11, 2003 16. Okay, the county manager has already provided links on both the county's internal and external websites to the Florida Commission on Human Relations website where the public can find telephone numbers and information regarding discrimination. The Tallahassee based agency, the Florida Commission on Human Relations, was established in 1969 to address discrimination issues, investigate complaints and provide information services. Partnering with the Florida Commission on Human Relations, the county manager is co-hosting a public forum the evening of April 29th at the headquarters' library off Airport Road at 2385 Orange Blossom Drive. Also, as previously directed by the board, both the Hispanic Affairs Advisory Board and the Black Affairs Advisory Board have been asked to consider dissolution in exchange for creation of one board that would be representing all minorities. Both boards have responded that they're against disbanding. The county commission has requested from both the Hispanic and Black Affairs Advisory boards their respective work plans, including goals and objectives. The Hispanic Affairs Advisory Board plan is expected this week, the Black Affairs Advisory Board will submit theirs next month. Staff recommends that the board adopt this resolution opposing unlawful discrimination against all the citizens of Collier County, and endorse the county manager's initiative to implement a community relations information and referral service. Thank you. Are there any questions? CHAIRMAN HENNING: Do we have any public speakers? MS. FILSON: Yes, sir, we have seven. CHAIRMAN HENNING: Why don't we go to public speakers. Thank you. MS. FILSON: The first speaker is LaVerne Franklin, and she will be followed by Gabrielle Gilmore. Page 146 February 11, 2003 MS. FRANKLIN: Good afternoon. My name's LaVeme Franklin, I'm the president of NAACP of Collier County. We recommend that you do not pass this resolution. We feel as though it's a disservice to our citizens. We have to recommend -- or we will recommend that we as concerned citizens from across Collier County are willing to sit down with you, as an arm of the government, to work out something that would be practical, that would be beneficial to all our residents, and I think that it's a disservice because we don't have anything here in Collier County where our residents can go to that have been discriminated against. Because if people come to us, the NAACP, and we have had about 15 complaints, various complaints since December, and what they say to us is where can we go? I have been referring them to the county. What we say to them, that we don't have the resources here. They are very frustrated and upset and say to me, well where are we to go, what can we do? And I tell them there is nothing here in Collier County to address your needs. A lot of people say that because there's nothing here in Collier County that they just give up. And you talk about there's only nine complaints at the -- at Tallahassee, well, that's one of the reasons. People don't have the access to go to Fort Myers or to Miami. They don't have the ability. They come and ask us to interpret different laws, to direct them. We are volunteers. A few of us are volunteers trying to do a service for this community. And we think it's your responsibility to provide that service, not NAACP. Because we don't have lawyers, we don't have a lot of people who are ready and able to do. We also have to make referrals. We don't have lawyers. I think that it's really -- you say to people that you put in place for laws. I hear that people talk about ordinance for monkeys, for the alligators and for different things that they want to protect. We say protect your people. Why should we as individuals have to travel up to Ft. Myers or Miami to have a service? Page 147 February 11, 2003 If, for example, someone broke into your home, you have someone here in Collier County to service you. Sheriff Hunter. So you think about there's a service here, there's many services that are provided here for us. Why not this? You know, our people here, you know, don't deserve that. And that's why we say to you don't pass this. Why don't we sit down with a group of concerned citizens who really have a handle on what's happening here in our county. I don't know who your advisors are, you know, but you need to take a look at that, too. How versed are they with the common folk? You know, we do have a class system here, we do have racism here, we have a lot of problems here. And they're not going to go away, they're going to develop, you know. And we say preventive. If we go to the doctor's and we say -- for our x-rays and whatever, to prevent something. Why always be in the reactive mode? We have to be proactive. And that's why we're here, as an arm of the government to say to you let's sit down and work out the differences. You know, I have to commend your-- Jackie Robinson and Leo, we worked for over a year to pull it together. Maybe it was not a perfect thing, but we relied on you, you know, the wisdom of you, to sift through the problems that was presented to you, instead ofjust throwing it out and saying, oh, let's start all over again and come up with a resolution. That's unacceptable. I think we are here as volunteers to help. You know, you should utilize the people here to sit down and do a decent ordinance, you know, that you can truly protect your people here in Collier County. Thank you very much. MS. FILSON: The next speaker is Gabrielle Gilmore, and she will be followed by Ann Jacobson. MS. GILMORE: Gabrielle Gilmore, a resident of Naples and president of PFFLAG; that stands for parents, families and friends of lesbians and gays, a parent-based support group for families with gay Page 148 February 11, 2003 members. We are against this resolution because we think it is simplistic, conciliatory, a Bandaid solution, a cop-out. A secretarial clerk behind a desk could fulfill the same purpose. Why has the NAACP been so adamant on including sexual orientation as a class? It's because they know discrimination firsthand. They know how it cuts to the core and it causes pain. And they are compassionate to feel the pain among the gay people. Bless their hearts, they want to help another minority group in distress. Why do we need a duplication? You say that it's -- there are agencies at the state and federal level, why do we need it locally? Well, a good analogy is that we have federal and state law enforcement, but we still need a local police department. If the community is serious about addressing discrimination, a strong local board is necessary. And this is why more and more cities and communities in Florida and throughout the country are establishing local anti-discrimination laws and agencies. I'm beginning to feel that this board does not welcome diversity in Collier County, but that you would rather wish to keep it restricted to people in your-- people of your own image and likeness. And it appears that the only way we can achieve the goals for a tolerant and diverse society is perhaps in the voting booths. And we will not let this issue go away, we'll be back again and again, and we will be resilient. We may lose this battle, but be assured, we will eventually win the war. Thank you. MS. FILSON: The next speaker is Ann Jacobson, and she will be followed by Dr. Gail Cash. MS. JACOBSON: Commissioners, I'm Ann Jacobson, I'm the chair of the community relations committee of the Jewish Federation of Collier County, and we recommend that you not pass this resolution that is before you. We strongly urge the establishment of a Collier County human relations commission. A local commission Page 149 February 11, 2003 can be much more flexible, timely and responsive to the needs within our own community. Being locally based, it would be also more accountable to the public. Without follow-up and enforcement, this ordinance that is proposed by you as a community information and referral source is meaningless. Discrimination needs to be dealt with locally. We need to take care of our own anti-discrimination actions, and not pass the buck to others. It is long overdue that Collier County acts responsibly and passes an anti-discrimination ordinance that provides for local follow-up, enforcement, public education, and promotes public awareness. And we would be just like LaVerne Franklin stated, very willing to assist with drafting such an ordinance. Thank you very much. MS. FILSON: The next speaker is Dr. Gail Cash, and she will be followed by Raymond Fales. F-A-L-E-S. DR. CASH: I have -- this is Dr. Gail Cash. I have two important points to make. If the Collier County Commission is serious about addressing discrimination, specific groups must be identified; the very ones that are historically targeted for abuse and discrimination. And two, a local community based commission is absolutely necessary. If you look on the Internet under the topic of human relations commission, you will see at least 1,020,000 entries. There are skillions of examples of human relations commissions and human rights ordinances at the county and city levels. Most enumerate and define who is protected and how they are protected. Why do you think that is? Why does our own State of Florida and why do Federal Justice Department guidelines enumerate who is protected? It is because without stating who is protected and how, there is no legal protection. It becomes too vague, noncommittal and nonenforceable. That is what we really have here, something that feels good but is useless. The resolution is not directed toward Page 150 February 11, 2003 anyone. In reality, by eliminating the categories, you protect no one. It's like having a highway speed sign that says don't drive too fast, don't drive too slow. It's like sending out a tax bill that says pay your taxes. Secondly, to address local issues of discrimination, you must have a local board. State and federal agencies do not have the resources to effectively investigate and mediate all the complaints in a reasonable amount of time. Many cases languish for years. In fact, the state and federal government encourage local human relations commissions. A little booklet published by the United States Department of Justice in 1998 entitled Guidelines for Effective Human Relations Commission was created for just that purpose. State and federal guidelines do not always apply at the local level. For example, they only apply to companies with 15 or more employees. Local ordinances can cover groups of five to 15. Although we have state and federal law enforcement, we still need our local police, and if I'm sick, I go to my local hospital, not Tallahassee Memorial. This is a republican county and one would think that in serving this county the commissioners would realize that the republican philosophy is to decentralize government. I implore you, take this issue out of the hands of far-away bureaucrats and bring it to the level, local level, where issues can be dealt with in an effective manner and for the betterment of our community. With the presentation of this resolution, we have no human relation commission and no protective ordinance. We have a feel good resolution that says whoever you are, if you have been discriminated against, go someplace else. Go to Tallahassee, go to Washington D.C., go away, Collier County Commissioners do not want to deal with you. Most major cities and counties have human Page 151 February 11, 2003 relations commissions, why not Collier? MS. FILSON: The next speaker is Raymond Fales. Did I pronounce that right? MR. FALES: That's right, thank you. MS. FILSON: And he will be followed by Judith Fales. MR. FALES: I'm Raymond Fales. I'm a resident of the county. When the space shuttle launched, the astronauts could look up and see the heavens. They could look down and see the entire world. They couldn't look underneath their spacecraft and see the danger. N.A.S.A. didn't provide them the tools to see the danger, nor a way to repair it. You the commissioners are our astronauts. You look up and see the sunny skies of Florida, you look out and see the richness of Collier County and its society. You look north and you see only a handful of discrimination cases from here. You currently don't have the capability to look underneath our society and to see and hear the discrimination that we have here. In proposing a meaningless resolution against discrimination, you're like N.A.S.A., ignoring danger and providing no way to repair it. The creation of a human relations commission would provide us the tools to look at danger and repair our community. MS. FILSON: The next speaker is Judith Fales, and she will be followed by your final speaker, Mark Benson. MS. FALES: Good afternoon, and thank you for the opportunity to address you. I am also against the passage of this resolution. The resolution pushes our problems out of our community. We know more about our community and how best to solve its problems than does Tallahassee and certainly than does the federal government. We can resolve problems faster locally, given the numbers of complaints being handled by the EEOC and the state commission. Page 152 February 11, 2003 The distance and time factor may inhibit people from filing complaints, unless that is a desired outcome of this resolution. Good Republicans' -- and it doesn't matter whether we spell that with a small R or a capital R-- practice is to resolve problems on the local level. State and federal laws only cover employers with 15 or more employees. The resolution would not cover employers with smaller numbers of employees. And finally, if there is a real issue of duplication of services, as others have said before me, then we need to look at eliminating local police, local health agencies and so on. Thank you. MS. FILSON: Your final speaker is Mark Benson. MR. BENSON: Good afternoon, Commissioners. Following the public comments on December 17th -- CHAIRMAN HENNING: Your name for the record, sir? MR. BENSON: Mark Benson. CHAIRMAN HENNING: I must apologize to you, because I thought you were the representative of Florida Power & Light. MR. BENSON: I recognize that. CHAIRMAN HENNING: And you're probably representing somebody else. MR. BENSON: No, I'm representing myself. CHAIRMAN HENNING: Okay. MR. BENSON: Following the public comments on December 17th, it became apparent to me that you'd already made up your minds to abandon the proposed ordinance, even before hearing from those of us who took the time to address you about the need for a local human relations commission. That hearing was simply window dressing, as is this resolution which you requested the county staff to prepare. It's a way for you to pose in front of the media and stand up -- that you've stood up against discrimination, when in actuality you've done more to further it by ignoring those in this community who have told you over and over Page 153 February 11, 2003 that there are problems in this paradise. In the days of Christopher Columbus, many thought the world was flat. It took people with courage and vision to question that simple view and discover the truth. As commissioners, you have done inadequate and flawed research. What I can only conclude is that this is not only unconscionable incompetence, but trivializing of a serious situation. To claim that there is very little discrimination in Collier County due to the small number of complaints filed with the Florida Commission on Human Relations is deliberate obfuscation. There has been no procedure in the past to even count the number of inquiries, and no one would have known where to go in Collier County to report discrimination anyway. If the Florida Commission on Human Relations were so effective, why would so many other cities in Florida create local human relations commissions? And why would there be a need in so many other cities and counties around this country? The answer is the state and federal agencies are too far away and too costly to reach for the average person who experiences discrimination. They simply give up in frustration. Which causes me to wonder if that's what you have in mind now. Instead of seeking a dialogue with those in the community who have appealed to you for action, you have turned the other way. You have sought a way to make the human relations commission work -- the proposed human relations work and fix any so-called flaws in it. You saw ways to pick it apart so that you wouldn't have to deal with the issue. It was interesting to watch you use the same tactics used in the 1960's civil rights struggle to divert attention from the truth by questioning whether outsiders were so interested -- why they were interested in this issue. Local taxpayers and voting citizens of this county asked those organizations that they belonged to by the hundreds for assistance in presenting their views. This Commission regularly seeks help from Page 154 February 11, 2003 some very capable and knowledgeable persons as experts and consultants on important matters affecting our community, so there's a double standard in place. Finally, what is evident to me is that you have no interest in fostering diversity and understanding other than words in a resolution which will likely be forgotten in several weeks, as the many hundreds of resolutions adopted by the Collier County Commission over the years. George Wallace, the deceased former Alabama governor, said his biggest mistake came during the 1963 inauguration as governor when he stood on a spot at the state capitol and shouted segregation now, segregation tomorrow, segregation forever. I quote an interview with him in 1991 where he said I should never have said it. I had to stand up for segregation or be defeated. I was for segregation and I was wrong. Although you weren't out standing on the steps of schools blocking children from attending, your actions in burying your heads in the sand to avoid looking at the ugly face of discrimination may ultimately cause you one day to say I was wrong. Thank you. CHAIRMAN HENNING: Sir, I have a question for you. Do you have a local discrimination ordinance in your community? MR. BENSON: I live in Collier County. CHAIRMAN HENNING: Oh, okay. Don't you represent -- MR. BENSON: Another attempt to discredit me -- CHAIRMAN HENNING: No, I'm asking -- MR. BENSON: -- because I'm not local. I am local. CHAIRMAN HENNING: Okay. And I was trying to reflect on the last time this issue came up. There seems like there was a gentleman from Miami representing -- MR. BENSON: Alfred Simon (phonetic) from the American Civil Liberties Union. CHAIRMAN HENNING: Okay. And my mistake, and I Page 155 February 11, 2003 apologize. And there was no intent to -- MR. BENSON: Which is an organization that has hundreds of members in Collier County. CHAIRMAN HENNING: Correct. Okay, thank you. MR. BENSON: And I'm not a member, but I think that there are many organizations in Collier County that have stood up here and spoken, just as there have been people that spoke against the human relations commission that had much smaller numbers than the ACLU has in this county. CHAIRMAN HENNING: Okay. Commissioners? COMMISSIONER HALAS: I don't have any questions. CHAIRMAN HENNING: No questions? Is there a motion? COMMISSIONER HALAS: I make a motion that we pass this resolution. CHAIRMAN HENNING: There's a motion on the floor to pass the resolution. Is there a second? COMMISSIONER COLETTA: I'll give it a second with the idea that this is something we can build on. Without it, we have nothing. CHAIRMAN HENNING: Well, I'm not sure -- is that a part of your motion is you want to pass this ordinance and then build on it later? COMMISSIONER HALAS: Well, I think it was pretty explicit that I felt that we need to have zero tolerance in this county, and I believe that there's things now put in place as far as education and all, so we're going to have people involved in county government that are going to address these issues. And that's why I felt that where we are at this point in time that -- and if we find it doesn't work, then we can bring this back again. But I feel at this point in time that we're putting the necessary education and the necessary people in place so that if there is a concern for the community as far as discrimination, we'll have the Page 156 February 11, 2003 resources there to direct them, to assist them, to -- in order to get the necessary help that's needed. The state, I believe, has six or seven investigators, and they also have a team of lawyers that can address this issue. So I feel that we've -- to me, I think this is a step in the right direction. CHAIRMAN HENNING: Does that fit the second's motion? COMMISSIONER COLETTA: If I could, you just said what I said. If this isn't complete, we can go back and add to it as the need is. We can correct it if it falls short. Basically that's exactly what I was just saying. CHAIRMAN HENNING: Okay, thank you. Commissioner Coyle, Commissioner Fiala, no other-- COMMISSIONER COYLE: I have some comments. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: I take particular offense to people who say to me that because I don't agree with you on the form of the commission that I am somehow racist, homophobic or incompetent. Sir, your remarks here cost you a vote today. And I think it's irresponsible for people to take that kind of attitude when they're trying to find a way to get this community to work more closely together, which is what we all want to do. And I also have a disagreement with people who say that you can't protect everybody unless you name who they are. It's only when you start trying to name people that you leave people out. It is just like a speed limit sign. There's no speed limit sign on 1-75 that says white people can go 80 miles an hour and black people can go 70. It says 75 (sic) miles an hour. So I don't find that the categorization of people who are eligible for certain rights is essential in our carrying out our responsibilities. There is the presumption that this can be done more efficiently at the local level. And I will raise the same questions I had last time, where are the definitions of discrimination against all these Page 157 February 11, 2003 categories of people? Where are they defined in any kind of law? They are not all defined. And where are the skills of the people locally here who would make judgments concerning whether discrimination had occurred? There are no such skills here on the local level. Am I to presume that you would want to have the members of your commission be the arbiter of those discrimination cases? I don't think so. So there are a lot of unanswered questions here that bother all of us, and they have nothing to do with incompetence, racism or homophobia. We are trying to deal with a serious problem. And I supported an advisory committee that would help us understand more clearly what actions we needed to take to solidify our community and to assure that there is an appreciation of everyone's viewpoint. I still believe that the way to do that is to work together, rather than dividing ourselves into groups of people who are supposed to have certain protections. So with that, I'll conclude. I'm finished. Thank you. CHAIRMAN HENNING: Okay. All right. There's a motion and a second to move this resolution. All in favor of the motion, signify by saying aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. Opposed? COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Commissioner Coyle was the dissenting vote. The motion carries 4-1. Item #1 OB RESOLUTION 2003-82 AND RESOLUTION 2003-83 RE: Page 158 February 11, 2003 ADOPTION OF RESOLUTIONS AUTHORIZING THE ISSUANCE OF COLLIER COUNTY, FLORIDA GAS TAX REVENUE BONDS, SERIES 2003 IN ORDER TO EFFECT SUCH FINANCING AND REFINANCING; PROVIDING CERTAIN TERMS AND DETAILS OF SAID BONDS, INCLUDING AUTHORIZING A NEGOTIATED SALE OF SAID BONDS; DELEGATING CERTAIN AUTHORITY TO THE CHAIRMAN FOR THE EXECUTION AND DELIVERY OF A PURCHASE CONTRACT; APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID BONDS; AND PROVIDING AN EFFECTIVE DATE. (MICHAEL SMYKOWSKI, DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET) - RESOLUTION 2003-82 RE AUTHORIZING COLLIER COUNTY'S ROAD IMPROVEMENT REFUNDING REVENUE BONDS, SERIES 1995 - ADOPTED; RESOLUTION 2003-83 RE ADOPTION OF THE SUPPLEMENTAL RESOLUTION AUTHORIZING MATTERS SIICH AS A NF. GOTIATF. D SAI~F. OF BONDS- ADOPTF. D Okay, the next item on the agenda is 10(B), adopt a resolution authorizing issuance of Collier County, Florida gas tax bonds, Series 2003, in order to effect such financing and refinancing, providing certain terms and details of said bond, including authorization to negotiate sales bonds and so on and so forth. And the presenter on this is our Director of Office Management Michael Smykowski. MR. SMYKOWSKI: Good afternoon, Commissioners. For the record, Michael Smykowski. There will be three core components to the presentation today. There's a lot of information in that executive summary. One, staff is seeking authority -- or approval of a proposed gas tax revenue bond Series 2003 to continue the road construction program that is underway. The second component to the presentation, we seek board Page 159 February 11, 2003 authorization for the county attorney to prepare and advertise ordinances to extend the ninth and six cent gas taxes. And just to be clear, the -- this would not involve a vote today to actually extend the gas tax. That is merely authorization for the attorney to prepare the ordinances and bring those back for future consideration at a board meeting. And then finally the third element is to discuss a bond validation process that would be required as part of the second series of bonds. The first core component that was the approval of a proposed gas tax revenue bond, that would finance transportation projects, as well as refinance a small outstanding piece of debt on a previous bond issue. In terms of projects to be financed, this would include projects recently awarded that were awarded subject ultimately to bond financing, including the Goodlette Road six-laning from Pine Ridge Road to Vanderbilt and the Livingston Road Phase III projects. The gas tax bond before you today for approval does not require any gas tax extensions. The extensions would be required for the second future series of bonds. That's an important point that I want to be very clear about. The debt service that Mr. Reagan, the financial advisor, will discuss shortly was structured to coincide with the expiring taxes. In other words, we frontloaded the debt to coincide with the availability of the gas taxes, because in the outer years when those gas taxes are not available, obviously you have less capacity to make principal and interest payments. The board has previously endorsed gas tax revenue bonds as the recommended financing source in the adopted transportation financing plan, as well as the FY-03 annual update and inventory report required as part of our annual growth management plan update. This will meet our growth management plan commitments Page 160 February 11, 2003 relative to our category A facilities that are concurrency driven projects that must meet or exceed level of service standards established in the growth management plan. The bond issue itself was recommended by an internal committee of county staffers, the county finance committee. And that consists of the clerk's finance director, a senior staff in the county manager's agency, specifically myself, Mr. Yonkosky and Tom Wides from the public utilities division, a representative from the county attorney's office, who was a non-voting member, as well as Bill Reagan, the county's financial advisor from William R. Huff and Company. In terms of underwriters selection, the board approved underwriters on November 19, 2002. We had received 12 proposals in response to an RFP. The county desired to group the firms to make the strongest teams possible, based on the firm's relative expertise. And we also desired to allocate the county's bond business among multiple firms, rather than -- in the upcoming three to five years there will be a number of financings required in the area of roads, utilities and general government, and obviously we're trying to spread those financings on a rotating basis between senior managing underwriters and co-managing underwriters. For roads, Morgan Stanley was selected as the senior managing underwriter. On this issue, the co-manager would be A. G. Edwards and Raymond James. Raymond James was selected for water sewer, and for general government, it was -- the firm of Bank of America was selected. So obviously again we are trying to spread the county's business among multiple firms. At this point I'd like to turn the presentation over to Bill Reagan, who is the county's financial advisor, for specifics relative to the transaction. He'll talk about things such as the credit agency ratings, current and anticipated market conditions. We'd be seeking your approval today, but the bond pricing is scheduled tentatively for I Page 161 February 11, 2003 think it's Wednesday, February 26th. And Bill can also address the debt service requirements and then Tom Giblin from Nabors and Giblin, the bond counsel, will then discuss specifics relative to the bond issue at a home rule powers ordinance that the board will be requested to adopt on February 25th. So with that, I'll mm it over to Bill. MR. REAGAN: Good afternoon, Commissioners. For the record, I'm Bill Regan, I'm senior vice president with William R. Huff and Company. We serve as your financial advisors in all your capital financing borrowings. Mike took most of my thunder. I think he summarized well. You have a 200 million dollar transportation bond program before you, whether it's in three years or four years or five years. That's been the expectation for some time, as you know. I've met with you on several occasions and we've discussed various alternatives on the transportation program. We're here to discuss the first phase of your bond program today. New money, as Mike mentioned, is approximately $115 million. The small portion of that is a refunding from your transaction to approximately 10 years ago that was secured by your seven cents and nine cents. We choose to refund that. That will make it a cleaner lien so you'll have all senior lien debt. And also, there's an economic benefit to you, you'll save approximately 800,000 over the life of the issue. So it has some real benefit to you. The structure of the bonds, just to give you overview, make it part of the record very quickly for you, the pledge revenues is your five cents, your six cents, your seven cent and your nine cent. Now, the difficult (sic) of this process is, is that all of these have different maturity times or expiration dates. Your five cent is there for the life of the issue. We're taking it out for 20 years, which is 2023. Your six cent expires in 2015, your seven cent has a life of the issue also, and your nine cent expires in Page 162 February 11, 2003 2010. So for us to structure this transaction and prepare it for the market, we had to have a debt service schedule, which we referred to as being skewed. You start at 10 million and you end up with approximately $4 million in your third phase of that financing. The bonds will have serials, meaning that there'll be serial bonds throughout the life of the transaction, probably have some term bonds too. We have gone out for RFP for your insurance. We ended up with at the lowest bid and the most economic goal cost and also terms was AMBAC Insurance. There are about four insurance companies that insure municipal bonds on a national basis. AMBAC is rated AAA. You will then be assigned a AAA rating. In our concern about the volatility of gas taxes in today's market, we also went to all three rating agencies and asked them for a rating. Important thing to keep in mind, while all of us sit here in Collier County -- and I work all through the Southeast, but I happen to live here in this county -- we're very proud of this county and the growth of this county and the success and the revenues that come in this county. But on a national basis, there's a great deal of concern about gas taxes. We're about ready, possibly, to go to war. That may affect it. We have Venezuelan problems. So all the rating agencies and insurers, just so you understand this, had those same questions to me. While you've enjoyed five and a half percent for the last five years' increases in your gas taxes, it may not happen for you in the future. So to protect ourselves in this capital market with an issue this size, I asked and we submitted all the documentation to the rating agencies, and we ended up with what I call acceptable to good ratings from all the rating agencies. Moody's gave us an A-2. An A-2 means we're in between the middle category of an A category. S&P gave us an A, which is their middle, and Fitch gave us A+, Page 163 February 11, 2003 which is their highest. Fitch also threw in, because they liked the growth of the county, also threw in a general obligation rating: The total credit of the county with no fee or charge of a AA rating. As in all bond issues -- so you have a good-- and you've also got attractive premiums on your insurance. Through the assistance of your Bond Counsel Mr. Giblin, we were able to negotiate some very good terms. So everything hopefully will put you in place for marketing that's going to come up in about two to three weeks. We have a lot of bonds going in the market. You, like many, many issues around the country right now, especially in this state, want to get in before something happens. You're not only at extremely attractive low municipal rates, but you also have things on the horizon that could possibly hurt your bond issue, especially when you're talking about a transportation issue that's secured by gas taxes again. Generally in municipal terms you have what we refer to as a debt service reserve fund, which simply means that they want to reserve a one-year's principal and interest. In this particular case, because the size of the issue was high, we evaluated either issue in more depth to give you that $10 million, or do a surety for that thing. It was more economic for us to pay for a surety up-front, that makes your issue size smaller. As Mike said, you went through an underwriting process of-- a selection process of your underwriters with the team that you approached. There's always a discussion, whether you approved it previously or you consider it now. Why do you do unnegotiated versus competitive, or what is the difference? In this particular phase, I think I laid out the timing, the volatility of gas taxes, and also the crowding and the timing of the market. It's to your advantage, in my opinion, that you would go with the negotiated transaction. Understand it's not a negotiated Page 164 February 11, 2003 transaction as some may interpret, that you went down the street and picked up your local friendly banker. You went through an extensive RFP process, an extensive review process, and you teamed the best underwriters. You hired me to tell you whether that bid, when we go into the market, is an acceptable bid. I will just say this to you, give a couple -- I know one of the newer commissioners may not be familiar with me or my firm, but we hold the largest inventory of municipal bonds in the State of Florida, which is about $80 million daily. I can tell you, what you pay me to do is tell you that the yield that you're getting and the spread that you're getting is fair and reasonable, if not below market rates. I think Tom Giblin would like to go over with you a couple of the resolutions, a couple of the transactions and go through the legal documents, and all of us are here, available for any questions. MR. GIBLIN: Good afternoon. For the record, Tom Giblin with Nabors, Giblin and Nickerson. There are three legal actions you'll have to take to complete this transaction; two today and one two weeks from today on the 25th. The action on the 25th is what we call a home rule ordinance. This is consistent with what you've done in the past with gas tax transactions. And basically what it is, it's an ordinance that you enact which enforces or states what your home rule powers are in terms of being able to issue debts secured by gas tax revenues. And what it does is basically give you the same legal standing as you would if a statute was in place to say you could take this action. So we highly recommend it, we think to put you in very good standing legally if you do that. But again, that's an action which is not taken today, it's being advertised. And two weeks from today we would ask you to go ahead and enact it. The two actions for today are the bond resolution, which is in your agenda package, which is about a 70-page bond resolution. Page 165 February 11, 2003 That states all the provisions in terms of what you're going -- what you agreed with the bondholders and, you know, what's going to secure the bondholders, what gas taxes you're pledging, how you're going to utilize the gas taxes. Attached to the bond resolution is a list of the projects pursuant to which you're going to expend the proceeds on. In other words, we have a fairly comprehensive laundry list of projects which I think you've approved in the past as part of your transportation plan. And you can pick and choose from those projects in terms of what you're going to expend the proceeds on. The second resolution, which is behind that, is what we call the series resolution. And the series resolution basically contains the terms of the bonds. And what it does, it delegates to the chairman the ability to go ahead and enter into a purchase contract with your underwriting team if certain parameters are met. And the operative section on that is I believe section five, and what it indicates is that the chairman is authorized to enter into the purchase contract, as long as the par amount of the bonds does not exceed $120 million. It also indicates that the underwriting discount would not exceed .7 percent, that the true interest cost of the bonds would not be more than five and a half percent. It also indicates the final maturity cannot be beyond 2023, 20 years out. All those parameters would have to be met. And again, these are not to exceed numbers. Odds are you're not going to issue $120 million in bonds. Odds are your interest rate's going to be a lot lower than five and a half percent. But again, we have to lay out parameters in order to authorize the chairman to go ahead and sign that purchase contract. The parameters also state that you will be getting a good faith check from the underwriters in the amount of approximately one percent of the amount of bond issue. The resolution also goes on and indicates that the bond Page 166 February 11, 2003 insurance company is AMBAC, which again Bill has talked about. States various provisions which they have required in order to insure the transaction. It has attached to it the form of the preliminary official statement. That's your disclosure document. That's what you give bondholders. That's what they read about Collier County and secures the bond. That lays out all the facts of the bond issue for them. It has various other agreements that are specific to this type of transaction attached to it. If you adopt these two bond resolutions, you adopt a bond resolution and the series resolution today, it gets everything kicked off; it allows us to go ahead and mail to the prospective bondholders the preliminary official statement; it allows the underwriters to go ahead and market the bonds; it allows, under the parameters that we discussed, for the chairman to go ahead and enter into the purchase contract. So this really kicks off your financing program. I would recommend that if you want to go ahead, adopt each resolution singularly, one at a time, and again, we'll be back with you two weeks from today and ask you to adopt that home rule ordinance. If you have any questions, I'd be more than happy to answer them. CHAIRMAN HENN1NG: Any questions from the board? Commissioner Coyle? COMMISSIONER COYLE: I had asked that we have information at this meeting that would give us some idea of what our total revenue is for-- from the gasoline taxes, with the existing expiration dates, and I haven't seen that yet. My very, very general calculations indicate about $200 million from gasoline tax revenues over the next 20 years, with the existing expiration dates for the gasoline taxes. And with an estimate of somewhere between four and what, $10 million it is for anticipated -- yeah, 4.7 to 10.5 million Page 167 February 11, 2003 for debt service over 20 years, it seems to me that the revenues that we will be getting from gasoline taxes, based upon their current expiration dates, far exceeds the estimate of the total debt service requirement. And so my question is, why do we want to talk about a 30-year extension, if in fact my figures are correct, and the existing revenue from gasoline taxes exceeds the debt service estimate? MR. GIBLIN: Commissioner, the extension is really part of your second phase of the program. The insurance company was sold and the rating agencies were sold on the current setup. In other words, the expiration dates of-- as far as they're concerned, the current expiration dates of your gas tax are in place. They're assuming that you will not extend anything. So the question of extension or not extension really deals with what your future needs are, not the needs of this particular bond issue. COMMISSIONER COYLE: Well, you see, my problem is I'm reluctant to make a decision right now that we're going to extend gasoline taxes 30 years without having a very clear indication of why we need it and when we're going to start needing it. And I'd feel far more comfortable about extending gasoline taxes if I could clearly see what year we're going to need that additional revenue and make decisions with respect to that, rather than making some 30-year adjustment at the present time, as it's contained in our executive summary, which I have to say, I don't think is very well thought out. And I guess I would feel much more comfortable with some indication of our cash flow requirements on an annual basis or perhaps every two years to make it a little bit more simple so that we could make a reasoned judgment about when do we want to extend them, if we do want to extend them. And for how long. Is it 30 years or maybe it's 10 or 15 years. I don't know. And I think those kinds of considerations are an obligation of the board. And I just can't see how we can make a decision concerning that particular Page 168 February 11, 2003 issue. Funding the bonds, of course, we need the money, we've got to proceed with some bond funding. But if you're telling me that the second phase of this is going to require an extension, and what we're really saying in this executive summary is that we are going to authorize the extension for 30 years, I've got a real problem with that, okay? And I don't think I've gotten the answers to my questions so far. CHAIRMAN HENNING: Mr. Feder? MR. FEDER: For the record, Norm Feder, transportation administrator. Commissioner, first of all, your points are well taken. The first initial action you're taking today, as was noted, is consistent with the expiration dates, the sunset dates, of the individual gas taxes that exist. It's not needed for this item, this approximately 115 million and that, just over 100 million. But as you remember, and I'll give the broad information and then we will be coming back to you, when you consider action subsequent to this, whether or not to extend the gas tax, as was previously discussed with this board. Because essentially you had a overall work program in the next 20 years of about $1.7 billion. Right now, based on the increase fees in impact fees, in a decision that the board made to pursue about 257 million in the near term shortfall in bonding, of which this is a portion, you're at about $1.5 billion, or you reduce that shortfall to about 200 million out in the 20 years. What this represents, of that 257 million portion of the overall monies towards the program, is the first increment or over 100 million that's needed in implementation of the five-year program. As you remember, when we looked at our needs over 20 years, unfortunately when we first started out, this process was before the board in another action, we basically had half the revenues we Page 169 February 11, 2003 needed, and unfortunately half those needs or those needs were in the first five years. So there is a front loading, and that's why we're looking at bonds in the first place. This first one can go forward with the expiration dates or the sunset dates as provided. The next bond issue, which may be two years down the road, is when we'll have to look at whether or not we extend. And bond counsel can probably speak to you as to whether or not we could proceed if we don't extend those dates. I think it's required at that time when you go to the next issue, which again might be two years down the road. COMMISSIONER COYLE: My specific issues -- I don't want to debate the math and the debt service here, because I don't have the qualifications or information to do that. I am focusing on one recommendation that the staff is making, and that recommendation says that the Board of County Commissioners authorize the county attorney to prepare and advertise ordinances to extend the ninth cent and sixth cent local option gas taxes, and it is mentioned in the executive summary that that is to be done for 30 years. That is my concern. You take that particular recommendation out of there, and I don't have any problem with the issues relating to the bond issue. MR. FEDER: Understood, Commissioner. The only thing I'll add to that, and I'll defer it -- I think Jim wanted to add something -- is that essentially what we're trying to do is get ready for the continuation of that overall 257 million in bonding that we committed to. That is not an action now. Authorizing that we start setting up the ordinances to bring it out to get the public debate and to hold the hearings, and then for the board to either reaffirm the prior decision or to -- COMMISSIONER COYLE: You're going to get us all lynched and run out of town. MR. FEDER: I'm not trying to. Page 170 February 11, 2003 COMMISSIONER COYLE: What you want to do is get the data that shows that it's necessary before we start working on the ordinances to extend it. That's my concern. MR. FEDER: And that data is in your AUIR and your long-range plan and the work programs we presented to you previously, yes. COMMISSIONER COYLE: I'd like to see it consolidated in a single report. MR. GIBLIN: Commissioner, what may be helpful is perhaps if I could share with you advice that we gave to the county on this issue. Is that when we met with staff, we were asked the question of whether or not the county could extend out, could extend out, the six cents local option gas tax legally. And we indicated that after doing some research, that there were some question marks. We felt that you were in a strong position to do that, if you wanted to, but it wasn't full-proof, that if you wanted to go that route down the road, that we would recommend a validation proceeding. And let me just speak very briefly about what validation is. It's a court proceeding in which you the county go into circuit court here in Collier County and ask a judge whether or not you have the wherewithal to issue bonds secured by certain gas taxes. And we would lay it out, including the extension, for given projects. As a court proceeding in which you notice the public, the state attorney gets involved, and basically the judge will decide yes or no, you have the ability or you don't have the ability. Taxpayers can intervene, they can come up and say hey, we don't like this for one reason or another. If the judge signs the judgment and says you're validated, then taxpayers or the state attorney have the right to go to the Florida Supreme Court. That proceeding can take upwards to a year, sometimes more. And so what we suggest to the staff is that if you wanted to proceed with an issue greater than $120 million, that we go through Page 171 February 11, 2003 this validation process, that what you'd have to do is go through the following steps: Number one, to get this before a judge, you have to extend out the gas tax. You have to have something at risk in place to be able to do that. The second is that you'd have to authorize a second series of bonds. You don't have to issue it right away, but you have to have something to put before the judge in terms of saying these are the issues, we want you to look at them and make a determination. So that was the advice that we gave staff in terms of if you want to extend the six cents, there are some legal issues that we've got to overcome. And the best way we know to do that is to go into court and validate it to make sure you're on firm footing. Because once you're validated, nobody can challenge. You're locked in, this issue is put to bed. And this is what we thought was really best suited for the county in terms of not having people challenge us down the road. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: I'm shocked. The last thing I want to do is to do something that looks like it's end run around what the taxpayers would like to do. And if the taxpayers have the right to protest something or to file a complaint against it, I think they should have every right to do so. And I don't think an extension of a 30-year gas tax should be taken so lightly. And that's what I'm concerned about. MR. GIBLIN: But Commissioner, understand validation is that this is the proceeding in which taxpayers have the right, you give notice to them and you -- any of them could go into court and say wait a minute, we have an issue here. Now, if you didn't validate and people two years or three years or four years down the road can say wait a minute, yeah, we had the chance to protest, we didn't take advantage of it, you'd never sell bonds. No bond holder would step up to the plate and say we're going to buy your bonds if you have a legal issue out there, you refuse to determine it, and you're telling me Page 172 February 11, 2003 that taxpayers three or four years down the road can challenge it. COMMISSIONER COYLE: Wait a minute, the bonds that you want to issue right now are the tax -- or the debt service is met with the existing revenue from the existing gasoline taxes with the existing expiration dates? MR. GIBLIN: That's correct. COMMISSIONER COYLE: All right. Now, let's put that aside. Now you're talking about another series of bonds that we expect to issue in the future and we need to start preparing for that. MR. GIBLIN: That's correct. COMMISSIONER COYLE: I suggest to you that the thing we need to start preparing with is a very clear presentation of why that extension is necessary and how long the extension should be, rather than just grabbing 30 years and saying we're going to do it for 30 years. Okay, that's my concern. And if someone will say to me, I'll go out and get the data and I'll present it to you well in advance of this second bond issue, then I'd be really happy, you know, I wouldn't have a problem with it. That's prudent planning. But I don't have that data yet, I don't -- MR. GIBLIN: And Commissioner, I'm certainly not arguing with you, because I understand you have to make the policy call of whether or not this is wise for the county. The advice we gave is only legally how do you go about this, what is the procedure. Now, obviously there's a lot of thought you want to give to this and a lot of actions you may want to take in terms of reviewing the pros and cons of it, as well as looking at what projects you want to do in the future. So again, the advice we're giving is that if and when you decide to pull the trigger on this, this is what we recommend you do. COMMISSIONER COYLE: But I would prefer that the gun not be pointed at my head when I pull the trigger, okay? CHAIRMAN HENNING: Here's what I think is some Page 173 February 11, 2003 resolution to this, is direct the county attorney to prepare -- advertise an ordinance to consider extending, and it doesn't look like it's an automatic we're going to do it or not. But I agree, knowing the gas taxes that we do collect, the debt payment that could be done without -- I have questions about extending it without a need to extend it. So I think it's a valid point to hey, let's see what it looks like at our next meeting. COMMISSIONER COYLE: I agree. I'd only ask that we reflect a little bit on what happened to us with impact fees. We went out and said we were going to do something, and we really haven't collected all the information necessary to justify what we initially said we were going to do. I suggest that the collection of information and the presentation of that information to the board be the first step, and then if we agree that it is necessary, we have a workshop to gather public input. Does that make sense? CHAIRMAN HENNING: So are you saying to not to consider what we have in front of us today? COMMISSIONER COYLE: No, I would say we consider and approve everything except item No. 4 which is to prepare and advertise ordinances to extend the gas taxes. That's the only thing I'm suggesting we take out. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: And then we can do exactly as you suggest, but gather the information, get the information that shows us why it's necessary to do it, how long it should be extended, and when we should make that decision to extend. And then if we feel it's appropriate, we have a workshop, we get the public input and we proceed with our discussion. CHAIRMAN HENNING: I think our county manager wants to give us some wisdom. MR. MUDD: I want you to go back to the AUIR workshop, and Page 174 February 11, 2003 I made a statement. When you declared transportation sufficient, I mentioned to you that it was predicated on two bond issues, one of which you would have to extend the gas taxes into the future in order to make that bond issue. And that's on the record and I can get you a copy of that if you would like. But I made sure you knew that because you made a determination that transportation was sufficient in your AUIR workshop. And I also told you that that was the most important workshop -- and I'll put my finger away because it's not loaded -- that was the most important workshop that you were going to attend in that year. Because you were going to make some hard decisions, okay? So I want to make sure, because this isn't new and this isn't a novel item, because I made sure you knew it at the AUIR, and I specifically said it for a reason. Now Commissioner, I think you're absolutely correct, I think we need to let you know how long those taxes are going to have to be into being in order to get through that bond issue. We will provide that information to you during the strategic workshop. I will make that as part of that so that you have that information so that we can get on with it in March or whatever to come back to the board for that item. And I would suggest for today's approval that the board take out that item that you think is contentious, because we'll work on that and get that back to you in the March time frame. COMMISSIONER COYLE: I want to emphasize, you did not hear me say that I would oppose an extension. You heard me say I would like the information upon which to base a sound decision. MR. MUDD: Yes, sir. COMMISSIONER COYLE: And the two bits of information I do not have is when should we take action to extend it, and number two, how long is it necessary to extend it? And those are the two bits of information that are absolutely critical, in my opinion, to making a decision about what we do with it. Page 175 February 11, 2003 MR. MUDD: Yes, sir. And bond counsel was trying to help us, because they know in two years when we're going to need this extra shot of bonding in order to do our road funding that they didn't want us to have to tackle that problem at that point, get ourselves potentially tied up in a court in a lawsuit that lasts two years, and then we've lost two more years in our road program in that process. So they're trying to get us ahead of it so that when we need those dollars, that we'll be in good standing in order to do those bond issues for Collier County. And we'll get you that information, a strategic workshop, Commissioner, we'll lay that out for you, how long we need it, then we'll come back in March with that piece. But I would suggest that you remove it as part of this action today, and we'll get back to it in March. CHAIRMAN HENNING: Okay, sounds like some great action we're taking here. Any questions before I entertain a motion? None? Any motions? COMMISSIONER COYLE: I make a motion we accept the staff's recommendation with the exception of recommendation number three which involves the extension of the gasoline tax expiration date. COMMISSIONER HALAS: I'll second it. MR. WEIGEL: Mr. Chairman? CHAIRMAN HENNING: Counsel suggested that we adopt the resolutions separately. So if I hear your motion correctly, Commissioner Coyle, it's to adopt or authorize the attachment proceeding to refund Collier County's road improvement refunding bond series 1995. COMMISSIONER COYLE: Yes, I make that motion. CHAIRMAN HENNING: Okay. COMMISSIONER HALAS: I second it. CHAIRMAN HENNING: I second that. Page 176 February 11, 2003 Okay, all in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. Opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. COMMISSIONER COYLE: And I make a motion to adopt the supplemental resolution authorizing matters such as the negotiated sale of the bonds and approve the attachments to the resolution. COMMISSIONER HALAS: I second that. CHAIRMAN HENNING: Motion again by Commissioner Coyle and second by Commissioner Fiala -- or Halas. COMMISSIONER FIALA: We look alike, too. COMMISSIONER HALAS: Yes, we do. CHAIRMAN HENNING: You're on my right, so -- all in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: Aye. Any opposed? Motion carries 5-0. COMMISSIONER COYLE: And I make a motion we approve the associated budget amendments. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Motion by Commissioner Coyle, second by Commissioner Coletta. All in favor of the motion, signify by saying aye. Page 177 February 11, 2003 COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: Opposed? Motion carries 5-0. We're going to take a 1 O-minute break. (Brief recess.) Item #10E RESOLUTION 2003-84 RE: ADOPTION OF A RESOLUTION REPEALING RESOLUTIONS PERTAINING TO LAND ACQUISITION, DELAY ACCEPTANCE OF RECORDED EASEMENTS FOR WHIPPOORWILL LANE AND CLARIFY COLLIER COUNTY'S POSITION (NORMAN FEDER, ADMINISTRATOR, TRANSPORTATION SERVICES)- ADOPTF, D CHAIRMAN HENNING: Okay, reconvening the Board of County Commissioners. Everybody take their seat, please. Next item is -- was formerly 16(A)(2). It is now 10(F), expenditure for affordable housing lending -- MS. FILSON: 10(E). MR. MUDD: 10(E). It has to do with Whippoorwill. Staff requests that the Board of County Commissioners adopt a resolution repealing resolution pertaining to land acquisition, delay acceptance of recorded easements for Whippoorwill Lane and clarify Collier County's position. And this will be presented by Mr. Feder. CHAIRMAN HENNING: Thank you. Mr. Feder? Page 178 February 11, 2003 MR. FEDER: For the record, Norman Feder, transportation administrator. Some time ago we came to the board and removed one million that was proposed for us to buy out-parcels for the development of Whippoorwill. After some discussion with the developer in that area, it was assessed that they would develop basically a two-lane road, which is what they need to service the development in that area and that the county would not be involved. When that decision was made to take that money out of the work program and out of your budget, we had not rescinded the prior action by the board. So that's what you have before you today. Additionally, in their effort to bring forward as a -- the developers to bring forward Whippoorwill as a two-lane roadway, that if developed to county standards would be accepted for operation and maintenance by the county at that time. They've started acquiring the easements that would be required. They have most of those but not all of those in hand. So while those have been taken in the name of the county and reported, we're asking that you delay at this time acceptance of those easements; not reject them, just delay at this time until all of them are in hand. The other thing that we're asking you -- advising you is that we are in the process of trying to work with them to develop possibly an indemnification insurance. If in fact the permit for development of that roadway is in the name of the county for the water management district, that they indemnify the county against any liability or problems as they go to develop that road or in the acquisition of the right-of-way. And Jackie Robinson of legal can discuss more of that aspect. So essentially you have in front of you, today we're asking you to pass on I believe it's the first thing three things in the recommendation. The fourth we're going to try to work with the Page 179 February 11, 2003 permit becoming in the developer's name rather than the county's. But without all the right-of-way in hand, if they're going to proceed, they may need to keep that permit in the county's name. But if they do that, then we want, as I said, indemnification insurance. And I can ask legal to speak to you about that. CHAIRMAN HENNING: Do we have any speakers? MS. FILSON: Yes, Mr. Chairman, we have three speakers. CHAIRMAN HENNING: Why don't we go ahead and call up the speakers. MS. FILSON: Rich Yovanovich, and he'll be followed by Steve Kempton. And the third one he just informed me isn't here. CHAIRMAN HENNING: We have two speakers, okay. MR. YOVANOVICH: Good afternoon, Commissioners, for the record, Rich Yovanovich. We have met with Norm and the county manager and Jackie about how we implement the final piece of the master plan. You've seen the master plan came forward for development and it called for utility -- global utility facilities, roadway and drainage issues. The roadway will install the utilities, install -- construct the road and also resolve some of the drainage issues in the area. So we are working with your staff to get all of the right-of-way. We've gotten basically 15 of the 19 parcels. We are hopeful to have the remaining four parcels in our hand shortly. In the meantime, the permit has been issued by the water management district in the county's name to construct the road. If we're not able to get that permit assigned over to the development community, we have agreed to work with Jackie to bring back at your next meeting an indemnification agreement to indemnify the county from any and all claims that may relate from our constructing the road under the county's permit so we can get moving on resolving these issues in the area. And with that, I don't know that Steve necessarily has anything Page 180 February 11, 2003 to add, but we hope you will follow staffs recommendation, and we'll be back with you in a couple of weeks with the indemnification agreement. CHAIRMAN HENNING: Great. And at that time are we going to have an agreement on just doing the opposite of what we're being asked today about easement acquisition? MR. FEDER: Commissioners, on the fourth item everything's the same. The last item where we're saying that we wanted it, the permit, in the name of the developer, we may not be able to get that, and if we cannot get it in the name of the developer, then we will be coming to you with that agreement stipulating both indemnification and insurance. Essentially we are not willing or in a position to take on the roadway if it is not developed to county standards and if all of the right-of-way easements are not acquired. So the developer is taking it on their shoulder to develop and go out and acquire the last of that. But they want to proceed on the development, since they've got the permit in hand, of the roadway and the drainage and utilities. And so this indemnification would allow them, under that permit under the county's name to do so, take away any liability issues from the county while they continue to try to acquire all the easements required. And as they pointed out, they have most of them in hand. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Do we have any liabilities that we're under from the time that they get the insurance policy? MR. FEDER: No. As a matter of fact, the liability is back to their first effort in securing the right-of-way. I can let Jackie speak to that, but we're going to make sure that the county is not in any liable situation for anything relative to the right-of-way or the construction. COMMISSIONER HALAS: I mean from this day until they come forward at the next meeting, are we -- Page 181 February 11, 2003 MR. MUDD: Commissioner, Jim Mudd for the record. To clarify, they're going to back date the liability issue to the first day they put the first easement in the court under the county's name. Now, we haven't accepted yet, but just to make sure that we're covered, they're going to do that. The next piece I want for clarification is if we can't get the permit in their name, the permitting agencies normally give the county, because you have eminent domain powers, they give you a permit, in some cases when you don't have all the right-of-way. In this particular case, they're giving you that luxury as the county. There's three parcels or so out there that are still contentious, and that's why it's so important that we have liability insurance here as far as the -- that Polte is concerned, and that will be your next speaker, and Steve will talk to you. And the other issue is that we're held harmless in this entire process until they meet -- the road meets county standards and we accept it. If and when. COMMISSIONER HALAS: Okay, thank you. CHAIRMAN HENNING: Well, entertain a motion at this time? You have any -- COMMISSIONER COYLE: Well, do we have any other speakers? MS. FILSON: Yes, we have one additional speaker. Steve Kempton. MR. KEMPTON: Steve Kempton with Polte Homes. I wanted to take just a minute to thank your staff for working with us. This road has been under the works since 1999, and we hope to kick off construction in the next 30 days. It's approximately a million dollars of right-of-way that will be deeded to the county in an easement when we're at that point where we have all the easements, and a little over a million dollars of construction effort. It's easy -- you hear people call it a developer's road, but Page 182 February 11, 2003 frankly, there's about 1,500 units of which Polte Homes has about 500 units on the south side of this. And these are all units that will of course bring impact fees and so forth. And more importantly, on the northern end of this road there are drainage issues that were some of the catalysts to create this master plan, and those drainage issues should be alleviated by the construction of this road. And all the water is going into our project at the end, Whippoorwill Woods. So we hope that it is not just perceived as a developer's road at the end of the day. With that said, we are definitely willing to take on the liability through the course of the construction, and we intend to turn it over to be a county maintained road. Out of 4,000 feet of right-of-way, we have about 500 feet left to acquire. As Rich said, there's four parcels, and we feel very confident that we will get those in hand here very soon. So thank you. CHAIRMAN HENNING: Thank you. Commissioner Coyle? COMMISSIONER COYLE: I'd like to make a motion that we accept the staffs recommendation concerning this issue. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Commissioner Coyle made a motion to accept staff recommendation, and Commissioner Fiala seconded the motion. Anymore discussion? All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: The motion carries 5-0. Page 183 February 11, 2003 Item # 1 OF SPECIFIC EXPENDITURE FOR AN AFFORDABLE HOUSING LENDERS' WORKSHOP SPONSORED BY THE FINANCIAL ADMINISTRATION AND HOUSING DEPARTMENT- APPROVED The next item was formerly 16(A)(2), and now it is 10(F), the expenditure of affordable housing lending workshop. And I'm going to make a motion to approve and ask for a second. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: The reason I pulled this is I think that we need to give clarification in future examples like this. Folks, you know, being in the business world when I ever received a benefit to increase my business, I always had to pay for it. So I hope that's the direction that we can go in the future. I want to thank you for, you know, doing the duties what (sic) you were hired to do and that is to bring more affordable housing in Collier County. And under certain circumstances that we have in the county, you're doing a great job, so thank you. And I don't see anybody jumping up to ask any questions to that, so I will call the motion. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. Thank you. Sorry to waste your time today. Page 184 February 11, 2003 Item #10G LOCAL GOVERNMENT ACCESS TELEVISION POLICIES AND GIIIDEI.INES- APPROVED AS AMENDED Next item was formerly 16(F)(2), it is now 10(G), approve -- MR. MUDD: It's local government television policies and guidelines. CHAIRMAN HENNING: Commissioner Coyle pulled this. COMMISSIONER COYLE: Yeah, I pulled it for two reasons: One, I think the provision on Page 4, paragraph E-1 that states that coverage of all board meetings shall be from gavel to gavel, with no editing? Let me tell you why I think that's a really bad idea. When we get ready to rebroadcast these board meetings, the viewing public has to sit there and look at eight, 10, 12 hours worth of tape to get to the items that they are really interested in. But if we were to take these tapes and segment them by subject and schedule them for a specific time and run a schedule, display a schedule on the screen at the top of every hour that says, for example, at 10:00 we're going to have nominations for the land conservation committee, that took 45 minutes, we knew exactly how much time it took. So those scheduled at 10:45 will be something else, one of the -- our other subjects. So then people can look at the television schedule and they can determine when the topic they're interested in is going to be shown, and then they can tune in at that time. It provides for much better public access to the information for government, and this particular provision would prohibit us from doing that. And I think that we need to rethink that, and then we need -- we do need to have these things broken up. Not the live broadcast, but the rebroadcast. They must be broken up into subject matter so people can tune in at the time it's scheduled so that they can watch their particular item of Page 185 February 11, 2003 interest. Now, the other concern I had with this procedure was under Page 7, paragraph J-2, sub-paragraph A, where program sponsors are permitted and a credit can be given only very briefly during the opening or closing credits. I have a problem with that. Does that mean a developer can come on and sponsor a program, like a water symposium, and say okay, this was sponsored by WCI? MS. MERRITT: No, sir. I -- Jean Merritt, for the record. Commissioner Coyle, let me respond to your first concern first, and that is we are doing exactly that. We -- in our replays -- now, we do not edit the live broadcast, because we keep those tapes for two years, and we even keep all the breaks in there and everything. But in the replay, we take out the breaks, we take out the lunch break, if that's appropriate, and we also at the beginning of the replay, we put the times, the approximate times -- what we are working on now -- and we just started doing this, we replay the board meeting at 11:30 on Saturday and 11:30 on Sunday. And we are still struggling on how to put the name of the topic. Because unless somebody sits there with an agenda, they're not going to have all the information they need, so we are planning to put the name of the topic and the number and the approximate time when it will be shown. COMMISSIONER COYLE: Well, you see, Jean, I still have a problem with that, because once you get to live TV broadcast, you know exactly what time it should be, you know exactly how long each subject takes. You can take that cut from tape, you can schedule it precisely at 10:00 in the morning, if that's what you want to do, and you know it's going to run precisely 48 minutes. And then you can have a five-minute recess, if you'd like, show some other public information type things and have -- have this thing, have the next topic come on at the top of the hour. It is invaluable for people to be able to look at a schedule and say that's the topic I'm interested in, I want to be here to watch that, Page 186 February 11, 2003 and I know it's going to be on at 12:00 or 1:00 in the afternoon, so I'm going to be here to watch that. MS. MERRITT: Well, we are planning to do that, Commissioner. We just started doing this, and we have some work to do to get exactly what you're talking about. But yes, it is feasible and yes, we are planning to do that. COMMISSIONER COYLE: Okay, in that case, all I'm saying to you is this policy would prohibit you from doing it, okay, because it says it will be shown from gavel to gavel. And I think you need to revise it or-- MS. MERRITT: We'll be happy to add a sentence or two to allow that to occur. COMMISSIONER COYLE: Okay. MS. MERRITT: The sentence does, though, refer to the live broadcasting of the meeting. COMMISSIONER COYLE: But it doesn't say that. MS. MERRITT: But we will -- we'll add another sentence there. MR. MUDD: And Commissioners, just to make sure we're perfectly clear on this particular one, and part of the angst that the staff has got, is when you start getting into editing -- and your piece that you're talking about is to provide a service to the public to give them the time that it's aired. What we don't want to have happen in the future is we don't want to prevent a commissioner or series of commissioners or somebody from the outside saying I didn't like what happened there, therefore, I don't want it to be shown, and put the staff in a position based on policy where that isn't addressed. So we're basically saying if we can go -- we just don't want to have an omission of the meeting. We don't mind cutting it for a time, but we don't want to have to omit a particular item so it's at least not in some kind of sequence where the meeting transpired. COMMISSIONER COYLE: That clearly is not my intent. You Page 187 February 11, 2003 know, you provide all of the content with respect to that particular subject. And I've been harping on this now for about 14 months or so, and I'm glad that you're beginning to do that. Now, the other problem is the program sponsor thing. I don't really know what a program sponsor is. MS. MERRITT: Well, let me just say that elsewhere in the policy, it does say that no commercials of any kind or any of that kind of thing. However, that was put in there to give credits to, for example, the sponsor of our candidate forum brought by the League of Women Voters, for example. We also do -- our most watched show is called Social Security and Other Good Things, and we give the local Social Security Office -- we say that they have helped sponsor that, because the manager there is the host of the show. So those are the kinds of things. We cannot by law do any kind of commercial endorsements of any sort, and that would be an endorsement. COMMISSIONER COYLE: Okay, I appreciate the clarification. Now the other probably most important reason that I pulled this from the consent agenda was to give the board an opportunity to provide the guidance to staff to do what I've just been talking about. I don't think this is something -- although I've been talking to the staff privately about it, I don't think it's something that should be done merely because I have asked for it. And I think -- I'd like to ask the board to render an opinion as to whether or not they want to proceed with scheduled subject type rebroadcasts of our meetings. COMMISSIONER HALAS: Can I -- CHAIRMAN HENNING: Commissioner Fiala had a question, and then we can go to your question of the board. COMMISSIONER FIALA: How about -- were you questioning something on Commissioner Coyle's? COMMISSIONER HALAS: Yes. Page 188 February 11, 2003 COMMISSIONER FIALA: Okay, I'll wait for mine. CHAIRMAN HENNING: Okay. Commissioner Halas? COMMISSIONER HALAS: Just so long as that -- like it was stated here in the course of the proceedings, that you may have one particular area, or one particular portion like today we were in the 10(B), and I think it lasted like two and a half hours. And I don't think you can cut it out to two hours because of the fact that there's some verbiage in there that may be misconstrued. So I think everything has got to be put in there. And I think it's going to be a task on your part to figure out. You have some items that may only take a half an hour, you have some other items that may take four hours. So just as long as all the verbiage is left in there so that it can't be misconstrued, because one thing we don't want to do is mislead the audience out there. That would do nothing but cause a lot of problems. COMMISSIONER COYLE: If I could -- can I respond just -- CHAIRMAN HENNING: Sure. COMMISSIONER COYLE: Okay, thank you. This is not difficult. This is not difficult at all. The minute that the county manager or the chairman says now we're going to take up Item 8(A), you start taping it. I mean, that is, that's where you cut. You say I'm going to start talking about 8(A). All right, bang, that's the beginning of your program. And when you take the vote and it's all over, that's the end of that particular segment, and then you go right into the next segment. This is not a difficult problem. And there's not going to be any dialogue cut. All you're doing is just taking that segment that relates to that subject and you're telling people, I'm going to televise this at 10:00 in the morning and you can see it. And it will run until 11:15. MR. MUDD: This is all doable, Commissioner. COMMISSIONER COYLE: Yeah, it's-- MR. MUDD: And the only thing I bring up is since I was the Page 189 February 11, 2003 county manager and there was an election that just happened, there was a series of folks that were concerned about a certain broadcast the League of Women Voters did during a debate. If you remember correctly, and it hit the newspaper, they wanted me to cut it out of the TV play, okay, and that wasn't part of our agenda. COMMISSIONER COYLE: That's right. MR. MUDD: And so I will tell you, there are people out there that might not like something that is said and would like to have it edited. And we don't want to get into that policy whereby we're going to take words out or whatever. If it was part of a debate for political office, it was a League of Women Voters and it was scheduled, we play it. A board meeting, we're going to do a replay, we can put in the times, we can do the cuts, we can give people time to go to the bathroom before the next item. It's all doable. We just don't want to get into the point in time where we're going to talk about a business piece of the meeting that was cut. COMMISSIONER COYLE: We're not talking about cutting anything. CHAIRMAN HENNING: Commissioner Coyle -- or Coletta? COMMISSIONER COLETTA: Thank you. I knew eventually I'd get a word in. I admire your enthusiasm, Commissioner. I really do. I -- all due respects, I don't see what's broken. We have nothing but positive accolades about how this -- we're doing with our county channel. I haven't heard any complaints at all. There's always a way to make it better. But what we're asking them to do is going to require more labor, am I correct? More people. How much more of a budget would you need, a couple hundred thousand dollars maybe, would that take care of it? MS. MERRITT: No, but I'd sure love to have that. COMMISSIONER COLETTA: Would you like to take it home with you, do it in your spare time, maybe, all this extra work? Page 190 February 11, 2003 MS. MERRITT: No, it will take some staff time, because we will have to time each item and it has to be done in real time, but we will get it done. COMMISSIONER COLETTA: Now, question, has the phone been ringing off the hook with complaints about this not being done? MS. MERRITT: No, but I want to tell you that we had already started trying to make those broadcasts a little more user friendly. Only the repeats, of course. Because sometimes the commission meetings are eight and nine and 10 hours, and it's difficult -- COMMISSIONER COLETTA: Those are the better ones. MS. MERRITT: -- when we try to retape a broadcast and our time is at 11:30 and it goes clear till midnight or so. So there is good reason I think to edit out all the breaks, edit out some of the other things. And then we do believe that putting times on that will make it much easier for the public to -- COMMISSIONER COLETTA: But absolutely without fail, not one word that's said when this meeting goes between gavels, when the chairman opens it up until the time he closes it, not one word can be lost, even if it's a word of profanity. It has to be aired, it has to go through. Either that or we discontinue the whole thing. I am so scared that we're going to come to the point eventually where we start to edit and edit different comments out, edit this out. MS. MERRITT: We have no intention of doing that at all. And we never have. We will not do that. The -- this meeting that is presently being televised is -- it started in the morning and will go until it is finished. Every single word, every moment that you're on break is on tape. Because while this is not the official record, it does lend itself to being -- lend itself to -- that somebody could accuse us if we don't leave all that in of editing, and we're very, very careful about that. COMMISSIONER COLETTA: Well, thank you for that. CHAIRMAN HENNING: Commissioner Fiala? Page 191 February 11, 2003 COMMISSIONER FIALA: I likened Commissioner Coyle's suggestion and yours also as kind of like a filing cabinet, everything's under a tab and according to category and time and so you can just look it up when you please. But on to my questions. I actually had two questions. The first one is very simply on Page 7, number G-4-B, and then again in H-1, you mentioned something about a CDCC, but yet in Page 2 you say CCDC, but I don't know what either of those initials stand for, or which one -- maybe there's a misprint on one or the other, so I thought -- I looked all over, I went through this thing twice, three times, looking for them. Could you tell me what they are? MS. MERRITT: Well, you're quite correct, Commissioner. It's the anacronym (sic) for communication and customer relations department. COMMISSIONER FIALA: Yeah, but we have that also in another spot where the CCRD is mentioned. MS. MERRITT: That's correct, the CCDC should be CCRC. COMMISSIONER FIALA: Oh, okay. COMMISSIONER HALAS: That's a little test for you. COMMISSIONER FIALA: And then the CDCC also must be the CCRC -- MS. MERRITT: That's correct. COMMISSIONER FIALA: -- or CCRD, right? MS. MERRITT: That's correct. COMMISSIONER FIALA: I see. Okay, good. Well, good. Now that -- MS. MERRITT: Sorry about that, Commissioner. COMMISSIONER FIALA: -- I've gotten that nailed down. MS. MERRITT: Well, they all start with C. COMMISSIONER FIALA: Then the second question I had, sorry about that, is can you actually identify -- you made a comment before, can you actually identify how many people watch which Page 192 February 11, 2003 programs? Do you have something that actually counts how many people are looking at a program? MS. MERRITT: No, we do not. However, in the citizen survey that is done, we had three or four questions included in the last survey. We were very pleased, one of the statistics that we saw is that of those surveyed, 50 percent of those have watched a commission meeting. And that is a very high number. A smaller number, but still a respectable number watches our original programming. COMMISSIONER FIALA: Thank you. Thank you, Commissioner Henning. CHAIRMAN HENNING: Well, thank you. And if we get through this item, maybe we'll get home by midnight. I agree with Commissioner Coyle's comments, any time that we can do it better to serve the public I think is great within reason, budgetary reason, so -- but I know you've got a handle on that, so I'd entertain a motion on this item. COMMISSIONER FIALA: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: There's a motion to approve by Commissioner Fiala, second by Commissioner Coyle. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: 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 very much for your time. MS. MERRITT: Thank you. Page 193 February 11, 2003 Item #1 lA PUBLIC COMMENT ON GENERAL TOPICS- BOB KRASOWSKI REGARDING ZERO WASTE WORKSHOP CHAIRMAN HENNING: Now we're going to the county attorney's -- MR. MUDD: Public comments. MS. FILSON: Mr. Chairman? CHAIRMAN HENNING: Public comments. MS. FILSON: I just this second got one speaker. CHAIRMAN HENNING: That's great. MS. FILSON: Bob Krasowski. CHAIRMAN HENNING: Well, thank you for being here today. MR. KRASOWSKI: Hello, Commissioners. You're welcome. Thank you for being here. I've been -- I was here earlier, you've been doing a lot of different interesting things. Excuse me? Oh, Bob Krasowski. Yeah, excuse me, Bob Krasowski, Zero Waste, Collier County Group. Commissioners, I'm here today because I won't be here for your next meeting. I won't have the opportunity, I'll be out of town; I'll be up in Orlando at a SWANA convention, Solid Waste Association North America. Remember them? They gave you an award just a short time ago for your landfill gas project. Well, I'll be up there, they're having an organics processing convention on recycling, so I'm going to check that out. They're even going to have a panal on -- a discussion on zero waste. So remember, Collier County's I think the number one county for zero waste in Florida. And that's a tribute to you folks in our community, you know? Page 194 February 11, 2003 So my main reason for being here is to mention that in March, 27th and 28th, we're going to go ahead with our zero waste workshop design charette for Collier County. I've mentioned this to you before, and we're bringing in some people from -- professional career people from California, some economists, the state has helped us out with a little funding, the county's solid waste department is contributing information, I'm going to make presentations to these people, and they're going to make presentations about what zero waste means, how it might apply here. And the Chamber's going to chip in a little money to help us and also advertise it. So -- and we're trying to expand this throughout the community as well. So I wanted to extend a public invitation to you to participate. And I know you're busy people, but I expect this to be very well done, very professional in terms of the presentations by these people. And I hope that if it is at all possible, that you can attend this workshop, particularly primarily for that Thursday afternoon, the 27th, because that's when the presentations will be made, and then there will be discussion periods, questions and answers given and taken from all of the presenters. So I'll notify you again, send you an invitation, I'll give you the location, which we still haven't worked out yet. And, you know, just wanted to mention that. I believe on March 11 th, at that meeting, you're going to be hearing from your solid waste department, your consultants on the RFP's that you sent out and the information regarding the results of that and options you'll have there. So it will be timely. March 1 lth you hear that, you get some information on that. 27th, 28th -- we tried to do it before the March 11 th date, but that didn't work, the schedule didn't work out. But it's all going to happen around the same time. I've asked Mr. Mudd to be there, you know, and we hope he can be there. Because like we know, you know, we have to convince Page 195 February 11, 2003 him, we have to convince you of the value of these programs and to understand at least our vision and how it might apply. So I didn't mean to take up too much of your time, but-- CHAIRMAN HENNING: Thanks for being here. When you find out the location, would you please let us know so that we can make our calendar available? MR. KRASOWSKI: Okay. But definitely March 27th, Thursday afternoon. CHAIRMAN HENNING: I thought you said the 28th. MR. KRASOWSKI: Well, the 28th is a Friday, and that's when we're going to have -- if you can make that, that's good also. But that will be a round table discussion in the morning of any interest-- all interested parties, vendors, service providers, recyclers, secondhand sales, stores, public. And then on Friday afternoon we're going to do the design charette where we're going to mix up all these different ideas and okay, this is collection, what can be done in collection, what's done in other places; this is recycling, what are the options; markets for the recycle, what are our markets, how can they be enhanced, expanded. You know, every aspect we're going to come at it and then compile a report of suggestions, and that will be provided to your solid waste department and to you. But first for their review and then to you for your ultimate decision. CHAIRMAN HENNING: Thank you. MR. KRASOWSKI: Okay. Well, good to see you again. Item #12A BCC REVIEW OF A PROPOSED SETTLEMENT OFFER IN THE COMPANION IMPACT FEE COLLECTION CASES OF COLLIER COUNTY V. NATIONWIDE AND NATIONWIDE V. COLLIER COUNTY- STAFF'S RECOMMENDATION TO REJECT HOMEWOOD'S OFFER APPROVED Page 196 February 11, 2003 CHAIRMAN HENNING: Okay, no more public speakers, we'll move on to county attorney's part of the agenda, 12(A). Presentation by staff for a proposed settlement offer, impact fee collections, Collier County versus Nationwide. And Ms. Jacqueline Robinson. MS. ROBINSON: All right, this first matter involves -- I'm sorry, for the report, my name is Jacqueline Hubbard Robinson, assistant county attorney. We have two matters on for your consideration. The first one involves the Homewood property. And in an effort to attempt to settle the matter, we have discussed this possible settlement. And it involves a payment by Homewood of $10,000 in cash and the forbearance on their claim for a refund for approximately the same amount, $10,400. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Can I make a motion now? CHAIRMAN HENNING: Sure. COMMISSIONER COYLE: I'd like to make a motion we accept the staffs recommendation for rejection of the settlement offer. CHAIRMAN HENNING: I'll second that. COMMISSIONER COLETTA: I'll second that. CHAIRMAN HENNING: Thank you. COMMISSIONER FIALA: That was three. CHAIRMAN HENNING: Commissioner Coyle's -- pardon me? MR. WEIGEL: I was talking to her. CHAIRMAN HENNING: Recognizing Commissioner Coyle's motion for denial, seconded by myself. Any further discussion? If no further discussion, all in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. Page 197 February 11, 2003 COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. Thank you. Item #12B CONSIDERATION OF APPROVAL OF SETTLEMENT AGREEMENT AND MUTUAL RELEASE FOR PREVIOUSLY UNPAID EDUCATIONAL, COMMUNITY AND REGIONAL PARKS AND LIBRARY IMPACT FEES FOR ARDEN COURTS AT LELY PALMS AND MANOR CARE AT LELY PALMS - STAFF'S RECOMMENDATION TO ACCEPT SETTLEMENT AGREEMENT- APPROVED Next item is 12(B), consideration for settlement agreement, previously unpaid educational -- well, impact fees by Lely Palms and Manorcare at Lely Palms. MS. ROBINSON: Yes, we are recommending that we accept this offer to settle. The -- they owe a number of impact fees, and the total amount, minus the overpayment, is $79,463.28. The total value of the settlement would be the $45,000 in cash and the forbearance on a refund request of $4,853.76, meaning that the total value of the settlement would be $49,853.76, and we think that's a fair settlement of this particular case. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I'd like to make a motion that we accept the staff's recommendation of acceptance of this settlement offer. COMMISSIONER FIALA: Second. Page 198 February 11, 2003 CHAIRMAN HENNING: Motion by Commissioner Coyle, second by Commissioner Fiala. Commissioner Halas, do you have anything? COMMISSIONER HALAS: Yeah, there's times and instances where we're beating up on people for impact fees. Why are we negotiating where we're going to end up with only about half of what is owed here? Can you -- MS. ROBINSON: Well, since it's pending litigation, I really would not like to discuss all the issues in the case, but I can tell you that when we ask you to follow our opinion, it's based upon our analysis of both the pros and the cons of our case and their case. COMMISSIONER HALAS: But the problem is there's other people out there that we hound for $2,000 in impact fees that they owe us, you know, and we keep hounding them and hounding them to the point where they have to end up paying it before they get a CO. MS. ROBINSON: Oh, I'm not familiar with those situations, I'm only handling about seven matters that are in litigation. COMMISSIONER HALAS: Okay. MS. ROBINSON: And none of those involve those small sums, by the way, they're all fairly substantial. CHAIRMAN HENNING: With no further discussion on this item, I'll call the question: All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. Any opposed? COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Motion carries 4-1, Commissioner Halas descending (sic). Page 199 February 11, 2003 MS. ROBINSON: Thank you. Item # 15A POTENTIAL PURCHASE OF TWO HOMES ON TROPICANA BOULEVARD TO CREATE AN ENTRANCE TO THE PROPOSED NEW HIGH SCHOOL IN GOLDEN GATE CITY- DISCI ISSFJD CHAIRMAN HENNING: This brings us to staff communications -- no, okay, I was looking for that item. This item is MR. MUDD: This is staff communications. And Commissioner, one of the things that I'd like to talk about today with the board is there's an opportunity that has presented itself as far as bettering access to a new school that's going in Golden Gate City. And we all know that Golden Gate City, the footprint's pretty well established and has been for a number of years. And when you put in a new school in a well-established neighborhood, you might not have the access that you need in order to get to that school. In this particular case, the school is on the other side of the canal. In order for folks to get to it, if you're on the northern side, if this is correct, you have to go all the way out to 951 in order to go around the canal to go over the bridge in order to come back into Golden Gate City in order to get to the school. And we think we have an opportunity in the school -- the school operations folks have said that if we are able to acquire the real estate and the access, then they would build a bridge. And I will tell you, the real estate in this particular case is a lot cheaper than the bridge. And it would benefit the community. And Norm is going to talk about that. But in this unique circumstance, this has to do with two, maybe four homes. And we have talked to the two homes, specifically those Page 200 February 11, 2003 homeowners, and they are willing to negotiate for us a price for their house and their lot in this case. So it's not an adverse action, but it would be probably one of the first ones in Collier County's history where we've moved a house, moved it, demolished it, in order to build a road segment. So I thought it would be a good time to get the board's direction in this particular matter before the staff proceeds any further. I will also say to you that before, and in case Norman forgets this, before we even start to buy the property, we will have an agreement with the school board and the school staff that they will build a bridge in order to do this. And Amy's here, she can talk about it. MR. FEDER: I think Jim's covered it in pretty good detail. I'll show you the pictures and just add a little bit to that. We met with the school board on a number of the new schools that are moving to accelerate to respond to the demand. In this case Golden Gate High School, as Jim pointed out, as you see in the picture, is south of the canal. It is basically restricted from access from the west by a gated community, as well as a portion ofi-75. It's restricted from the south by 1-75 limited access. In the north it has a canal, and the only access to it is off of Access Road 2, as it's called, over towards 951, just north of the interchange with 1-75 and Davis. The feeling was that this is a high school, a lot of the folks will be arriving in their own vehicles to the high school, and we're basically generating from this demand out of Golden Gate a requirement that folks come all the way around the circle out of Golden Gate, onto 951 where we have some major needs, and essentially try to access the school. So our thought was what are our options? We had already talked to the school board previously and do have out of enhancement funding the prospects of developing a pedestrian walkway on further down on 32nd to access the school site a little bit further on the east Page 201 February 11, 2003 side of the school site, south of the canal. What we're looking at was is there an option to come straight across. And as you can see here, we're supposed to start at the two homes directly across from Tropicana. And when we discussed it with the school board staff, their comment was if you can acquire those two homes, then we would design and build the bridge and the access directly to the school, therefore, coming straight out of Golden Gate City. We've gotten some correspondence generally to that effect. We didn't want to pursue that further, nor did we want to get with the folks in Golden Gate City and discuss the issues further until we came to the board and restudied what issue is out there. We have made some preliminary contacts with both of these property owners. They've expressed some interest, as Jim pointed out, in trying to negotiate. With that in mind, we wanted to make you aware of the issue, make sure this is something of interest to you. Should we get agreement from the school board that they would design and construct, should we speak to the community and get their understanding of the issue and some level of concurrence that this is something that they too would be interested in. You've got the picture here of the two homes; and obviously we don't take that lightly, it's two homes people are living in. And then the last thing is there's been quite a bit of improvement in Golden Gate City on Tropicana. The association and others went out, did some major improvements to that, basically established a boulevard, a widened roadway, as you can see there, with widened pathways on the side of it and landscaping down the median. In reality that serves as an outstanding entryway to the school, but it also puts the issue in one that the folks in Golden Gate City may be wanting to look at what the nature of the traffic would be and what the implication would be for all the work that they've done there on Page 202 February 11, 2003 Tropicana if we were to acquire the two homes on 32nd and try to establish that connection to the school. So I just wanted to make you aware of it, wanted to see not necessarily obviously any vote but just a feel from the Commission should we continue to proceed forward, talk to folks in the community, continue to talk to the school board, and then come back to you, depending upon the results of those efforts, whether or not to try and proceed on acquiring these two properties. CHAIRMAN HENNING: I have a question. If we could flip back-- you're done with your presentation-- MR. FEDER: Yes. CHAIRMAN HENNING: -- Mr. Feder? I'm sorry. Keep on going back. There's one in parallel, the canal. One more. One more. MR. FEDER: The one that showed all the homes along it? CHAIRMAN HENNING: Correct. If we look all the way to the right, there's a vacant lot. MR. FEDER: That's correct. CHAIRMAN HENNING: And that's owned by the school board? MR. FEDER: That is. CHAIRMAN HENNING: And they were going to construct a pedestrian bridge there. Since -- I don't think you need to do a pedestrian bridge at that location if there's going to be a bridge. MR. FEDER: That would be our contention, that you wouldn't. We try and evaluate whether or not that is something in our discussion for the school board, either the right-of-way made available to the county and therefore to the public. Obviously you wouldn't build the pedestrian bridge, you'd make that a feature of the vehicle bridge at the same time. CHAIRMAN HENNING: Correct. So in the negotiations, is that something on the table for the county to own that piece -- Page 203 February 11, 2003 MR. FEDER: We feel it is. And obviously the school board would have to address that as well. CHAIRMAN HENNING: Okay. And there is a real concern about having a high school across the canal and having a two-lane boulevard for the main entrance for the high school. Even though recognizing Collier Boulevard, which is the only road out of Golden Gate Estates going west, and a lot of people in Golden Gate Estates utilize that. MR. FEDER: That's why we say we want to get the community to look at the issues and the traffic. At the same time, you would not close off Access Road 2 that goes over to 951. But this would not require that everybody in Golden Gate City that's going to be serviced by this high school and recreational facility that's all to be attached to it would have to go out to 951, right near the interstate where we have major problems, including high school drivers, to access the school. So we came back to tie upstairs, we identified the school building that first came to us with this site (phonetic). The other thing I need to add, though, we do have a park, a lineal park on the south side of the canal, so one thing we'd also have to talk to the school board is to make sure that any bridge that was developed in there didn't cut off that park, maybe actually flew over that little bit of lineal park as well. So that's something that may actually be very much news to the school board just brought to my attention recently. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah, I just want to make sure I understand something. This vacant lot here to the right of this picture is -- can be used for a vehicular access across the bridge? MR. FEDER: You wouldn't have enough width for the one and the turning radius, but it could be used in combination with another. It wouldn't be directly across from Tropicana. And that's another Page 204 February 11, 2003 thing we're evaluating. But in and of itself, a single lot width would not be sufficient, no. But it is sufficient, obviously, for pedestrian crossing, which is what was anticipated. The question is, could we acquire one house on the other side of that? COMMISSIONER COYLE: Well, it looks to me like the road there to the north is about one lot width. And that looks like a pretty wide road. MR. FEDER: This will probably show you a little better. But yes, it's close. You'd be awful close to the homes on the side of it. As I said, that's something we're still looking at. But to give you another feel for it, this shows you the roadway coming in. You can see the width of that road relative to the lot width. But we'll look at those. COMMISSIONER COYLE: You know, that is a possibility, that rather than buying two houses right there at that intersection, go over and buy the house beside the vacant lot and you'd buy one house and only disturb one person. MR. FEDER: Understood. And then you don't have the direct access, and that may even be -- COMMISSIONER COYLE: Might be even better, yeah, that's right. CHAIRMAN HENNING: Okay, any further questions? We do have a public speaker. We usually don't take public speakers on staff communication. Will of the board? COMMISSIONER COYLE: It's up to you. I don't care. CHAIRMAN HENNING: Okay, I don't care either. COMMISSIONER HALAS: Doesn't matter to me. CHAIRMAN HENNING: Go ahead and call up the speaker, please. MS. FILSON: Amy Taylor. MS. TAYLOR: We want to -- I'm Amy Taylor, from Collier Page 205 February 11, 2003 County Public Schools. We wanted to express our appreciation of Norm Feder's fine efforts. As was explained, our plans and our design for our school facility, which will be opening up in August of 2004, have provided for its access off of access number two. Pedestrian -- those that will be traveling from Golden Gate City that would be walking, we were able to obtain a transportation enhancement grant for that lot, which would have connected to the county linear park and would have connected us to the school. I want to provide maybe some insight into the alignment, based on our alignment of our road existing on this -- the site. Coming straight through and across from Tropicana would align quite well with what we have as an existing road. The one that's off-- that would provide for the pedestrian bridge would have connected to the linear park and then across. So with that in mind, we hope that we can -- that the staff can move forward with taking a look at examining those lots that align right with Tropicana. Also, we are in support of this direct access to the Golden Gate High School and have made commitments to work with your transportation division on the design and construction of the bridge facility. However, if this is going to be an access road that will benefit activity center number nine in general, there should be -- we would consider some cost-sharing aspects of that. If not, if it is going to be primarily access to the school site and would not provide a, you know, community activity center number nine overall benefit and just strictly or limited to primarily access for the school site, then we would go ahead and move forward with working with the staff in regard to that payment and construction. So thank you very much, and I'm available for questions. CHAIRMAN HENNING: Ms. Taylor, we recognize that you have converted over to working for the school board. Page 206 February 11, 2003 The consensus of the board members? COMMISSIONER FIALA: Fine with me. CHAIRMAN HENNING: We'll proceed, but we are going to have some concerns about that Tropicana. MR. MUDD: Yes, sir. That's all I have, sir. CHAIRMAN HENNING: Thank you. Item #15B IJPDATE REGARDING VEI.IJAGIO GRAND IJTIGATION Mr. Weigel? MR. WEIGEL: Thank you. Well, we have one item that's just come to our attention, and that is Commissioners, you're aware that we've been in trial this week with the lawsuit filed against the county by Vanderbilt Shores Association and other associations, and our counsel in trial are back and have a report to you about the trial. Representing the county was attorney Ted Tripp, with the firm Garvin and Tripp, assisted by Mike Pettit, our senior litigation attorney from our office. MR. TRIPP: We have just concluded the trial. The judge has granted a motion which we filed on behalf of Collier County to dismiss the plaintiffs' case for failure to establish a prima facie basis for relief. Our argument to the court was, and I think that the law supports, a finding that the Collier County staff interpreted the land development code in a reasonable fashion in applying the setback requirements to construction of the 15-unit condominium. It was our position as a matter of law that plaintiffs were not able to show that that decision was unreasonable, and the judge has granted our motion for directed verdict. So the case was concluded favorably to Collier County without the requirement that we put on Page 207 February 11, 2003 witnesses or evidence in defense. I should tell you that part of our strategy and agreement with the other parties in the litigation was that we were very much trying to limit the issue in that litigation to the propriety of the permitting of the 15-unit condominium. As I'm sure you all are aware, there was a prior incarnation. That developer wished to put a 68 unit hotel on that property. This board, in reaction to a Chapter 163 consistency challenge on May 22nd, 2001, made a determination that the site plan approval and building permit for that application had been improperly established by the staff and revoked those permits and improvements. We are currently in federal court with the developer who is continuing to seek money damages for the claimed violation of its Constitutional rights. That matter is set to proceed before Judge Magison (phonetic), a visiting judge from Minnesota. It is on the trial docket, commencing February 25th of this year. It is unlikely that we will be reached until mid March. But we are industriously preparing to defend the county in that forum as well. I'd like to be able to guarantee you the same result, but I'm not in the guaranteeing business, I'm in the reporting business. And the news for tonight is good. The verdict in the state court is ours and the litigation has been resolved, at least in this forum, in your favor. And I'd be happy to answer any questions. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Does that mean that they -- this ruling, does that dictate then what they have to do with the building, whether it be take it down or tear it apart or -- MR. TRIPP: Right. At this point the plaintiffs had asked that the judge enter an injunction requiring that the building be either modified or removed. That-- the judgment in favor of Collier County means that that will not occur. At this juncture there is no legal requirement that the developer Page 208 February 11, 2003 modify the building in any way. I understand it's close to being the recipient of a certificate of occupancy. I think the construction is virtually complete. And absent further judicial action by somebody, I think that we will have 15 or more new voters on that property sometime within the next 30 days. Yes, sir. COMMISSIONER COLETTA: Question, if I may? CHAIRMAN HENNING: Yes, thank you. COMMISSIONER COLETTA: Is there any possible way that we could recover our legal costs from the other side? MR. TRIPP: The action that was brought against you was not brought under a statute which would allow you to recover your attorney's fees. That's not true, by the way, in the federal court action. In federal court there is a specific statute, 42US 1988 that does allow for an award of attorney's fees. But in the state court action, the general rule under Florida law is unless you have a contract action where the contract calls for attorney's fees, or there is a specific statute that allows the award of attorney's fees, each party bears their own fees. Now, we do have the opportunity to recover our costs, but as a practical matter the costs in this case were if not nonexistent, certainly very nominal. We had very few costs on behalf of the county in this matter. I would be surprised if we had $1,000 in costs. So it was very modest. Any other questions? CHAIRMAN HENNING: Thank you, sir. MR. TRIPP: Thank you. CHAIRMAN HENNING: Mr. Weigel, anything else? MR. WEIGEL: That's it, thank you. CHAIRMAN HENNING: Okay, commissioners, closing comments. Commissioner Coletta? Page 209 February 11, 2003 COMMISSIONER COLETTA: It's been an interesting day. The meeting went very smooth. I give you credit for that, Commissioner Henning. CHAIRMAN HENNING: Well, it's teamwork. COMMISSIONER COLETTA: And I enjoyed working with you all today. Thank you. CHAIRMAN HENNING: Thank you. Commissioner Coyle? COMMISSIONER COYLE: Nothing from me. CHAIRMAN HENNING: Commissioner Fiala? Item # 15C DISCI ISSION REGARDING CONSFJRVATION COIJI~IF, R COMMISSIONER FIALA: Everybody breathe -- take a deep breath. First thing, I want to thank you publicly for defending me the other night at the King's Lake Homeowners Association meeting, where for some -- where I was never invited and they were pretty upset about it. And I appreciate you coming to my defense. I have written a letter to the editor also about that, but -- CHAIRMAN HENNING: I hope you can straighten that out with that community, that little misunderstanding. COMMISSIONER FIALA: Well, I hope that my letter to the editor did just that. CHAIRMAN HENNING: Good. COMMISSIONER FIALA: And secondly, I would like to ask all of you if maybe we could consider adding four or two or however many you'd like alternates to that land acquisition committee so that we have somebody sitting in with them in case somebody gets ill or gets transferred to another area, we can have somebody jumping right in rather than trying to get up to speed six months down the road. Page 210 February 11, 2003 CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I think it's an excellent idea. I could support that. I'll tell you that the qualified people that were on that were unbelievable; we went through those resumes. Any way we can get them involved would be a big plus. CHAIRMAN HENNING: Anything to add to that, or do you want to go to comments? COMMISSIONER HALAS: No, I don't have anything more to add to that. CHAIRMAN HENNING: Commissioner Coyle, do you have anything on that? COMMISSIONER COYLE: On that particular issue? CHAIRMAN HENNING: Right. COMMISSIONER COYLE: There's one potential complication, but overall, I think it's a good idea. The problem is that once you nominate four alternates and let's suppose a year goes by, there might very well be some exceptionally qualified people who'd want to serve on that board. Now, are we going to exclude applicants from submitting applications because there are alternates, or will the new applicants merely be thrown into the same pot as the alternates for us to make a decision? And if we do that, then there really is no need to have alternates at all, because you're going to have to consider them and weigh them against the other applicants anyway. So that's the only complicating factor there. You lock yourself in to four people and no one else is going to be likely to apply for the board because they don't stand a chance of getting selected. CHAIRMAN HENNING: Commissioner Mudd-- County Manager Mudd, sorry. MR. MUDD: Commissioner, I wouldn't want your job to save my life. The thing I want to remind the board, remember the timetable Page 211 February 11, 2003 that we gave you on the 14th of January that was in your packet that Bill Lorenz provided? It was in the consent agenda, but it basically said that all of the land for that particular bond issue, even though we're going to pay for it for 10 years, is going to be done by 2005. So the majority of the work of that committee is going to be done and fleshed out by that particular time. And then that committee will go not in inactive status, but it will be a monitoring committee so that they can see how it's going to go. So they will meet less frequently and it will be a lot less work as far as the committee is concerned. And as you can see, Joe just put them up, but you've got the referendum and it goes all the way through it. But, you know, you're doing initial screening of the reports you send out property owners, interest, meeting, so a majority of identifying those properties is this year. And then you basically go in and you review the contracts and things by August, 2004. By about 2005 you're done. I mean, this is pretty well you own the property and now you're in a maintenance mode. So I just wanted to make sure that you remembered that so that it was in your mind as you go through this. COMMISSIONER FIALA: So are you saying that we don't need alternates because of that? I'm just thinking of code enforcement. Just about three months ago we had a code enforcement slot available and you nominated Sherry Barnett, right? And that was good. That was the only opening. And now we just had four more three months later. And things just happen to people's lives, to their jobs or whatever. And I just -- you don't have to accept it, it was just an idea. I just thought it was a good idea for people to sit in on the committee. I realize they can anytime, but it would be nice if we had some people standing in the wings in case. Not that we have to take them but, you know, most likely we might want to consider them. CHAIRMAN HENNING: Well, Commissioner, I recognize the fact that you want to accommodate, and I commend you for that. I Page 212 February 11, 2003 just don't think it's necessary on this particular issue. Commissioner Coyle, did you have anything else? COMMISSIONER COYLE: Just one remark with respect to developing procedures. One of the people I interviewed, who was an applicant here for that committee, brought up a very interesting point and that was -- he was talking about the procedures that are developed to guide this committee in purchasing land. And there's a state procedure manual for land acquisition which this person recommended to us, and it specifies how we go about acquiring the land and how much we're allowed to pay for the land over and above the assessed value, if anything at all. And I'm just suggesting, if you haven't already looked at that, take a look at that when it comes down to develop the procedures manual so that we have the appropriate controls over the decisions that are being made. CHAIRMAN HENNING: Okay. Thank you, Commissioner Fiala. Commissioner Halas? COMMISSIONER HALAS: I just want to say again that I want to thank everybody for helping this neighborhood out. But I also think we need to look at what we want to do down the road here. Do we want to pursue the possibility of franchise fees or do we want to pursue this in the manner that we pursued it this afternoon where we're in a reactive mode instead of a proactive mode. And I think we need to give it some thought. And if we feel that we need to address this issue of franchise fees with the -- in regards to FP&L lines, I think we need to look at this and maybe sometime or another in the near future look at this as an addition to our land development codes. And I'd welcome any comment on this. CHAIRMAN HENNING: Okay, my perspective on this is this summer I had an opportunity to meet with one of my constituents, an elderly person on a fixed income. Her husband is -- has cancer. There's many medicines that this poor woman has to buy. And I'm Page 213 February 11, 2003 afraid of any action that I do to increase her cost of living here in Collier County is going to affect her life. So I'm not in favor of going there, of adding more cost onto the consumer or taxpayers or whatever it is. Commissioner Coletta? COMMISSIONER COLETTA: I think you're pretty close to it, Commissioner Henning. When it comes right down to it, these are going to be local situations. You know, it won't happen in Immokalee, let me put it that way. Not for many years to come. They just won't be looking to bury the power lines. COMMISSIONER COYLE: They have power out there? COMMISSIONER COLETTA: They sure do, and it works great. The thing is that when we come up to it -- the same thing in the estates, the rural estates, you're not going to see them burying power lines there. But their power bill will have this on it forever, and their benefit would be next to nil. I think the best thing is to work with an MSTU process so that it benefits the people that are at the receiving end of it. COMMISSIONER HALAS: Well, I think we were looking at the franchise fee, maybe establishing boundaries on this. And it would be possibly anything from west of-- of 951 that would be basically an urban area and not a rural area. Realizing that that's where a lot of this growth is and that's where a lot of the additional power lines are going to need to be run. So that was my only concern, and I was looking at -- looking at the area down at East Naples, because there's going to be a lot of additional construction down in that area, and there's areas in there that FP&L is probably going to go in there, and involved in running additional power lines, so that community is going to be affected. I think you're going to see that Golden Gate area is going to be affected also, the west side of Golden Gate, the west side that's on Page 214 February 11, 2003 951. Eventually when build-off starts happening there, we're going to incur the same type of problem. And I think what it is is where you have a redundancy of power lines where you've got a power line in somebody's backyard and a power line in their front yard and then if there's a cross street, there's a power line running there with the addition of FP&L adding some more power lines. And one of the problems that we ran into was -- and obviously they've got a good engineering answer why they can't use the same poles and just add additional wiring to it, okay, whether it's an upper deck or a lower deck. And so what happens is they say well, we're going to run a whole new set of power lines. And so this is what poses this problem and this is what was generated from this course of action today. Because one of the people that -- from the audience that got up said they got a right-of-way right down the middle or right on the side of Vanderbilt Beach Road, why can't you use those existing poles? And FP&L says no, we can't use those existing poles. And -- or they'd have to take them out and put new poles in. Well, it seemed to me why couldn't -- you know, yeah, it might be a little added cost, but the bottom line was they didn't even want to address that, they didn't even want to look at it as far as being a good neighbor. So their only option that they would give the residents is that they were going to run this power line down 91st Avenue. They weren't even going to look at any other options. And so that's what concerns me, okay, in this issue. And I'm sure that it's going to affect some other commissioners that are sitting here. And it's going to come up. COMMISSIONER COLETTA: If you use it like an MSTU, I've got no problem with it. CHAIRMAN HENNING: Commissioner Coyle, do you have anything? COMMISSIONER COYLE: Yeah. I think this is a problem we Page 215 February 11, 2003 have to deal with, but, you know, we dealt with this problem today and we dealt with it fairly well, and I think we can continue to deal with it on that same basis, on an MSTU basis. I'm concerned about having blanket tax increases in the county. Even though they're not large increases, they are tax increases, and I'm a little concerned about that. Just as has -- we might criticize FP&L for maybe spending too much money or not being conscious of the dollars that they get, people have the same opinion of us, and I think we have to be careful about any tax increases. But I do believe that we can handle this with an MSTU. When people are so interested in this issue, then I think they're willing to pay a little money to solve this problem. And in that way, we get the people who are most interested in it and who will benefit most from it to fund the undergrounding. Now, I would briefly like to make a comment about one of the things that was said today during the presentation. FPL was being criticized for not taking the most costly approach. And I think we've got to be careful about that. You know, it's incredible to me that we would criticize anybody for trying to take the least costly alternative. We certainly do that all the time, and I think we should encourage FPL to take the least costly alternative, and the least costly alternative apparently is the one that they have right now. And I think it is a bargain, a real bargain, to get that undergrounded for $60,000. And I think that we've handled it fairly well and I think we can continue to do that with the MSTU concept. COMMISSIONER HALAS: I agree with you, wholeheartedly, Commissioner, exactly. But the problem is is that we end up getting into a reactive mode here, whereby that -- we had to hustle, we had to jump through hoops, the county manager, myself, we all were jumping through hoops trying to address this issue. And it was -- and then the time frame started to shrink on us. And what we did today we accomplished well, but we may not be as successful the next time Page 216 February 11, 2003 around, and that's what I'm getting at. CHAIRMAN HENNING: Do you have any other communications under county commissioners' communications? Let's have the votes down here. You need to drop it. Commissioner Fiala? COMMISSIONER COYLE: May as well quit talking about it then, right? COMMISSIONER FIALA: No, thank you. CHAIRMAN HENNING: Last night at the Golden Gate Area Civic Association meeting, Dr. Coffer (phonetic) did an excellent job of presenting the state of the contaminated wells. The Board of Commissioners is going to hear this in the next meeting. I think that we're going to have to give them direction. Utility company was there and piggybacked on some of those issues there. Of course I think their motive is self-centered, but there might be some opportunities. But we're going to get that presentation. But one thing that was shared with me, we have some opportunities to receive some effluent, some pota -- not potable, reused water. And I think we can get it for free. In the future there's (sic) going to have to get some expansion. So we're always talking about that reuse water and how valuable it is. There's some opportunities for median landscaping to be irrigated, might be some opportunities to put it in our system, might be opportunities for the school. So I'm going to stay on top of that. And I appreciate county manager's dealing with this issue in Golden Gate. And I have no further other thing to discuss, so meeting adjourned. *****Commissioner Coletta moved, seconded by Commissioner Coyle and carried unanimously, that the following items under the Consent and Summary Agendas be approved and/or adopted: Page 217 February 11, 2003 Item #16Al RESOLUTION 2003-65 RE: PETITION AVESMT2002-AR3349 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN TWO 30 FOOT WIDE PARCELS OF LAND CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT FOR ROAD RIGHT-OF-WAY, UTILITIES AND DRAINAGE, AS RECORDED IN OFFICIAL RECORD BOOK 484, PAGE 523 AND PAGE 525, PUBLIC RECORDS OF COI~IJFR COIJNTY, FI~ORIDA Item #16A2-Moved to Item #1 OF Item #16A3 RESOLUTIONS 2003-66 AND 2003-67 PROVIDING FOR THE ASSESSMENT OF LIENS FOR THE COST OF THE ABATEMENT OF P111qI.lC NI IISANCES Item #16A4 2003 TOURISM AGREEMENT WITH NAPLES BOTANICAL GARDENS FOR TOURIST DEVELOPMENT SPECIAL MIISF. I IM GRANT OF $500,000 Item #16A5 ONE (1) IMPACT FEE REFUND REQUEST TOTALING $68,220-TO DOLPHIN COVE DEVELOPMENT OF GOODI.AND, 1NC. Item #16A6 FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR THE DUNES, PHASE I-WITH RELEASE OF THE Page 218 February 11, 2003 UTILITIES PERFORMANCE SECURITY TO THE PROJECT ENGINEER OR THE DEVEI,OPER'S DESIGNATED AGENT Item #16A7 FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR THE DUNES, PHASE 2-A-WITH RELEASE OF THE UTILITIES PERFORMANCE SECURITY TO THE PROJECT ENGINEFR OR THE DF. VFJ.OPER'S DESIGNATED AGENT Item # 16A8 THE EARLY EXCAVATION OF THE LAKE SYSTEM AT THE PROPOSED ARROWHEAD PUD BOUNDED ON THE SOUTH AND WEST BY LAND ZONED A-MHO, ON THE EAST BY CARSON ROAD AND LAND ZONED A-MHO, AND ON THE NORTH BY LAKE TRAFFORD ROAD AND LAND ZONED AGRICULTURAL-A SECURITY BOND IN THE AMOUNT OF $25,000 MIIST FIF. POSTED PRIOR TO PERMIT ISSIIANCE Item #16A9 RESOLUTION 2003-68 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "ISLAND WALK PHASE FOUR"-WITH RELEASE OF THE MAINTENANCE SECI JRITY Item # 16A 10 RECORDING THE FINAL PLAT OF "INDIGO LAKES UNIT SIX" AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND THE AMOUNT OF THE PERFORMANCE SECURITY- Page 219 February 11, 2003 W/STIPULATIONS AS OUTLINED IN THE EXECUTIVE SIIMMARY Item #16Al 1 RESOLUTION 2003-69 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN MARSH IJNIT TWO" Item #16A12 RESOLUTION 2003-70 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN MARSH IJNIT SIX" Item #16A13 RESOLUTION 2003-71 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN MARSH IINIT TWF. NTY" Item # 16B 1 BUDGET AMENDMENT TO RECOGNIZE A DEVELOPER CONTRIBUTION IN THE AMOUNT OF $7,500.00 FOR THE WIGGINS PASS ROAD OUTFALL PROJECT (PROJECT NO. 51212~ Item #16B2 AWARD BID #03-3460- "PURCHASE OF ONE (1) 4,000 GALLON WATER TRUCK" TO WALLACE Page 220 INTERNATIONAL TRUCKS, INC. $927900 February 11, 2003 , IN THE AMOUNT OF Item #16B3 EASEMENT AGREEMENT AND AN ACCESS EASEMENT WHICH IS REQUIRED FOR PERIODIC MAINTENANCE OF THE GOLDEN GATE MAIN CANAL UNDER THE BRIDGE CONSTRUCTED AT 13TM STREET SW (PROJECT NO. 69068) FISCAl, IMPACT: $77360 Item #16B4 CHANGE ORDER NO. 2 TO THE IMMOKALEE ROAD/I-75 INTERCHANGE CONSTRUCTION CONTRACT IN THE AMOUNT OF $378,114.66 WHICH INCLUDES A PORTION OF WORK TO BE PAID FOR BY BRENTWOOD LAND PARTNERS, LLC. (PROJECT NO. 66042A) W/BETTER ROADS. INC. Item #16B5 CHANGE ORDER IN THE AMOUNT OF $30,366.70 WITH BETTER ROADS, INC. FOR MEDIAN IMPROVEMENTS ON PINE RIDGE ROAD, PROJECT NO. 60016 Item #16C 1 AN EASEMENT AGREEMENT AND A UTILITY EASEMENT FOR THE GOLDEN GATE WELLFIELD RELIABILITY IMPROVEMENTS PROJECT AT A COST NOT TO EXCEED $1,500.00-W/STIPULATIONS AS OUTLINED IN THE EXECI ~TIVE SI IMMARY Item #16C2 Page 221 February 11, 2003 AMENDMENT TO WORK ORDER SC-02-45 WITH SURETY CONSTRUCTION COMPANY, FOR THE NORTH COUNTY REGIONAL WATER TREATMENT PLAN NOISE ABATEMENT, PROJECT 70063, IN THE AMOUNT OF $10_276.69 Item #16C3 WORK ORDER WITH GREELEY AND HANSEN LLC TO PERFORM AN INFLOW AND INFILTRATION STUDY FOR THE SOUTH COUNTY WASTEWATER SERVICE AREA IN THE AMOUNT OF $297,880, PROJECT NUMBER 73164- CONTR ACT #00-3119 Item # 16D 1 AN ADDITIONAL $66,179 IN STATE AID TO LIBRARIES IN FY03 Item #16D2 AWARD OF BID #03-3438 TO GOLDEN GATE NURSERY AND SOD AND LEO'S SOD FOR PURCHASE AND DELIVERY OF TURF AT A PROJECTED COST OF $70,000- FOR MAINTENANCF. OF PARKS AND FACIIJITIES Item # 16D3 CONTRACT TO SWEET, AN ORTIVUS COMPANY, FOR THE PURCHASE OF BILLING SOFTWARE FOR THE EMS DEPARTMENT IN THE AMOUNT OF $25,435-PURCHASING POIJICY SF. CTION V, SIIFISF,CTION C; 2., WAIVED Item # 16E 1 Page 222 February 11, 2003 AWARD RFP 03-3447 "OFFICE SUPPLIES AND OFFICE FURNITURE" AT AN ESTIMATED ANNUAL COST OF $350~000-TO MARCO OFFICE SIIPPI.Y Item # 16E2 RESOLUTION 2003.72 PROVIDING FOR THE ACCEPTANCE OF CONVEYANCES MADE IN COMPLIANCE WITH DEVELOPMENT COMMITMENT REQUIREMENTS OF ALL ORDINANCES AND AGREEMENTS OR AS AN INTEGRAL PART OF CAPITAL IMPROVEMENT PROJECTS AND AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS' CHAIRMAN, DURING THE 2003 CALENDAR YEAR, TO EXECUTE CERTAIN DOCUMENTS REQI IIRED IN CONNECTION THEREWITH Item #16E3 RESOLUTION 2003-73 AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, TO EXECUTE DEEDS AND AGREEMENTS FOR DEED TO RIGHT OF INTERMENT FOR THE PURCHASE OF BURIAL PLOTS AT LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DURING THE 2003 CAI.ENDAR YEAR Item #16E4 RESOLUTION 2003-74 AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, DURING THE 2003 CALENDAR YEAR, TO EXECUTE AGREEMENTS, DEEDS AND OTHER DOCUMENTS REQUIRED FOR THE SALE OF GAC LAND TRIIST PROPERTY Page 223 February 11, 2003 Item #16E5 AWARD OF RFP #03-3441, "AIR FILTRATION SERVICES AND SUPPLIES", TO KLEEN AIR RESEARCH, FOR ANNUAL AIR FILTER SERVICES IN THE AMOUNT OF $73,000 Item #16E6 AWARD BID #02-3314 FOR THE ADVERTISING OF DELINQUENT REAL ESTATE AND PERSONAL PROPERTY TAXES AT AN ANNUAL COST OF $63,680-TO NAPLES DAIIJY NEWS Item # 16F 1 BUDGET AMENDMENT REPORT-BUDGET AMENDMENT #03-180 FOR $25,000 TO COMPLETE SEVERAL ADA RELATED PROJECTS, INCLUDING THE INSTALLATION OF A HANDICAP PARKING AREA AT THE LAW LIBRARY, AND NEW RAILINGS AT DEVELOPMENT SERVICES AND THE MARCO ISIJAND IJPlRARY Item gl 6F2-Moved to Item # 10G Item # 16H 1 REQUEST BY COMMISSIONER HENNING TO ATTEND EDC INSTALLATION OF OFFICERS DINNER AS SERVING A VALID PUBLIC PURPOSE-ON FEBRUARY 19, 2003, AT I.API.AYA lalEACH RESORT IN THE AMOIJNT OF $85.00 Item # 1611 MISCELLANEOUS CORRESPONDENCE-FILED AND/OR REFERRED Page 224 February 11, 2003 The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 225 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 11, 2003 FOR BOARD ACTION: MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIREC'II/D: A. Minutes: Collier County Contractor's Licensing Board - Agenda for January 15, 2003. o Work. force Housing Advisory Committee - Minutes of November 18, 2002, December 2 & 18, 2002. Collier County Hispanic Affairs Advisory Board - Agenda January 6, 2003. Bayshore Gateway Triangle Local Redevelopment Advisory Board - Agenda for January 8, 2003. 1-75/Golden Gate Ad Hoc Landscaping Beautification Committee - Summary of Motions and Minutes for December 11, 2002. Pelican Bay Advisory Services - Agenda for January 9, 2002; Minutes of December 9, 2002. Bayshore Beautification M.S.T.U. - Agenda for January 8, 2003; Minutes of December 11, 2002. Environmental Advisory Council -Agenda for January 8, 2003; Minutes of December 4, 2002. Vanderbilt Beach M.S.T.U. - Agenda for January 9, 2003; Minutes of December 5, 2002. 10. 11. Collier County Citizens Corp Advisory Committee - Agenda for December 19, 2002; Minutes of December 19, 2002. Ochopee Fire Control District Advisory Board - Minutes for October 7, 2002. 12. Collier County Planning Commission - Agenda for January 16, 2003; Minutes of December 19, 2002. H:Data/Format 13. 14. 15. 16. 17. 20. Collier County Airport Authority - Agenda for January 13, 2003; Minutes of December 19, 2002. Parks and Recreation Advisory Board - Agenda for January 15, 2003; Minutes of December 18, 2002. Immokalee Local Redevelopment Advisory Board - Agenda for January 22, 2003. Radio Road Beautification M.S.T.U. -Agenda for January 21, 2003; Minutes of December 17, 2002. Lely Golf Estates Beautification Advisory Committee - Agenda for January 16, 2003; Minutes of December 19, 2002. Workforce Housing Advisory Committee- Agenda for January 14, 2003. Forest Lakes Roadway and Drainage M.S.T.U. Advisory Committee - Minutes of December 13, 2002; Agenda for January 24, 2003. Lake Trafford Restoration Task Force Meeting - Minutes of December 18, 2002; Agenda for January 22, 2003. .Other: 1) Florida House of Representatives - Mike Davis received Committee Assignments. H:Data/Format February 11, 2003 Item # 16J 1 THAT PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE WITH EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PIJRCHASES Item # 16K 1 AGREEMENT AUTHORIZING THE COLLIER COUNTY SHERIFF'S OFFICE TO HAVE TRAFFIC CONTROL JURISDICTION OVER PRIVATE ROADS WITHIN THE ISI,AND WALK SI IlqDIVISION Item #16K2 WAIVE THE PURCHASING POLICY, TO THE EXTENT THAT IS NECESSARY, AND RATIFY AND AUTHORIZE THE RETENTION OF THOMAS G. PELHAM, ESQ., AS A CONSULTANT OR EXPERT ON LAND USE PLANNING ISSUES IN AQUAPORT V. COLLIER COUNTY, CASE NO. 2:01- CV-341-FTM-29DNF, NOW PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA AND AUTHORIZE THE CHAIRMAN TO SIGN ANY NF, CF, SSARY RFJTFNTION DOCI JMENTS Item #16K3 WAIVE THE PURCHASING POLICY TO THE EXTENT IT MAY BE NECESSARY AND AUTHORIZE THE COUNTY ATTORNEY TO HIRE THE FIRM OF CARLTON, FIELDS PURSUANT TO THE COUNTY'S CONTINUING WITH THAT FIRM AND SPECIFICALLY ATTORNEY'S MARTI CHUMBLER AND DONALD HEMKE TO DEFEND THE Page 226 February 11, 2003 COUNTY IN AN ALLEGED CLASS ACTION LAWSUIT FOR INVERSE CONDEMNATION AND INVALIDATION OF MORATORIUM THAT IS STYLED CENTURY DEVELOPMENT OF COLLIER COUNTY, INC., ETAL, V. JEB BUSH, ETAL, CASE NO. 03-117-CA-HDH, NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, AND APPROVE FIJNDING AND FIIIDGET AMENDMENT Item #17A RESOLUTION 2003-75 RE: CU-2002-AR-2836 CRAIG SMITH, OWNER AND OPERATOR OF NAPLES PROGRESSIVE GYMNASTICS, AN EXISTING FACILITY, IS SEEKING APPROVAL FOR CONDITIONAL USES "19" AND "20" OF THE AGRICULTURAL "A" ZONING DISTRICT FOR SPORTS INSTRUCTIONAL SCHOOLS AND CAMPS AND SPORT1NG AND RECREATIONAL CAMPS PROPERTY LOCATED AT 3275 PINE RIDGE ROAD Page 227 February 11, 2003 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:00 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTRO TOM~ DWI~'E' B~'~CK, CLERK These minutes approved by the Board on as presented ~ or as co~ected 3-11-0~ TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY TERRI LEWIS AND CHERIE NOTTINGHAM Page 228