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BCC Minutes 06/24/2003 R June 24, 2003 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, June 24, 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 Jay Cross, Office of the Clerk of Court Dwight Brock, Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ;} AGENDA June 24, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAJ( 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. 1 June 24,2003 ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP 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 FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. James Silcox, Clinical Pastoral Education Department, Naples Community Hospital 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. May 27, 2003 - Regular C. June 3, 2003 - Workshop D. June 3, 2003 - Special E. June 11, 2003 - Workshop 3. SERVICE AWARDS Twentv- Year Attendee: 1) Brian Sansone, Wastewater Collections Twenty-Five Year Attendee: 2 June 24, 2003 2) David Sanchez, Transportation! Road Maintenance Thirtv- Year Attendee: 3) Robert Costner, Transportation! Road Maintenance 4. PROCLAMATIONS A. Proclamation to designate the month of November 2003 as Celebrate the Arts Month in Collier County. To be accepted by William O'Neill, President of the United Arts Council Board and Elaine Hamilton, Executive Director of the United Arts Council of Collier County. B. Proclamation to observe July as Parks and Recreation Month which recognizes all the benefits derived from quality public and private recreation and park resources within Collier County. To be accepted by Marla Ramsey, Director of Collier County Parks and Recreation Department. 5. PRESENTATIONS A. Presentation to Representative Mike Davis, chosen by the Florida Association of Counties as "Freshman of the Year 2003". (Commissioner Tom Henning) B. Recommendation to recognize Troy Pirosseno, Tradesworker Craftsman, Facilities Management Department, as Employee of the Month for June 2003. 6. PUBLIC PETITIONS A. Public Petition request by Mr. Kyle Kinney to initiate an agreement for the transfer of ownership of Oakmont Parkway Extension from the Pelican Bay Foundation to Collier County. 7. BOARD OF ZONING APPEALS A. This item reauires that all participants be sworn in and ex parte disclosure be provided bv Commission members. CU-2002-AR-2354, William Hoover, AICP, of Hoover Planning and Development Inc., representing Pastor Roy Shuck of Faith Community Church, requesting 3 June 24, 2003 ..-.---"..-. ----- Conditional Uses 3 and 4 of the "E" Estates District to add a child care and pre-school to the existing Faith Community Church, located at 6455 22nd Avenue NW, further described as part of Tracts 15 and 16, Golden Gate Estates Unit 97. 8. ADVERTISED PUBLIC HEARINGS A. Adoption of a Resolution applying the annual mid-cycle year indexing adjustments to amend the Parks and Recreational Facilities Impact Fee Rate Schedule, which is Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (Collier County Consolidated Impact Fee Ordinance No. 2001-13, as amended); providing for a delayed effective date. B. This item reauires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-2002-AR-3011, Dwight H. Nadeau, ofR.W.A., Inc., representing A.R.M. Development, Corp., of S.W. Florida, Inc., requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as "Tuscany Cove" PUD for a residential development for a maximum of 425 residential dwelling units generally located on the east side of Collier Boulevard (CR 951), approximately Ih mile south of Immokalee Road (CR 846) in Section 26, Township 48 south, Range 26 east, consisting of 78.07 acres. C. Board approval of an Ordinance to extend the additional ninth cent local option fuel tax. D. Board approval of an Ordinance to extend the additional six-cents local option fuel tax. E. Board approval of an Ordinance to extend the additional five-cent local option fuel tax. F. This item continued from the June 10~ 2003 BCC Meetin2. An Ordinance of Collier County, Florida, to protect against hazards from substandard construction in public right-of-way; providing purpose and definitions; adoption of Construction Standards Handbook; requiring permits; requiring removal of offending material from right-of-way; repealing Ordinance No. 82-91, as amended by Ordinance 89-26, as amended by Ordinance 93-64; providing rule of construction of this 4 June 24, 2003 ordinance; providing for conflict and severability, providing for penalties; providing an effective date. 9. BOARD OF COUNTY COMMISSIONERS A. Recommendation to declare a vacancy on the Hispanic Affairs Advisory Board. B. Appointment of members to the Hispanic Affairs Advisory Board. C. Appointment of member to the Lake Trafford Restoration Task Force. D. Item continued from May 27~ 2003 BCC Meetinf! and is further continued to the July 29~ 2003 BCC Meetinf!. A Resolution to establish the Fire and Emergency Medical Services Advisory Committee. E. Appointment of member to the Revenue Commission. F. Request to approve a resolution extending the term of the Collier County Health and Human Services Advisory Committee, and extending the term of members of the Collier County Health and Human Services Advisory Committee. 10. COUNTY MANAGER'S REPORT A. Presentation to the Board of County Commissioners by the Greater Naples Area Chamber of Commerce and the Solid Waste Management Department of a twelve-month progress report regarding the suspended ordinance establishing a mandatory non-residential recycling program within the Unincorporated Areas of Collier County. (Jim DeLony, Administrator, Public Utilities) B. Reject a request by Surfsedge Inc. for reimbursement for the removal of beach sand in the amount of$3,782.56. (Jim DeLony, Administrator, Public Utilities) C. Obtain direction from the Board of County Commissioners to consider the Hammock Isles Project under provisions Collier County Land Development Code (LDC), Division 3.15 Regulations for the Issuance ofa Certificate of Adequate Public Facilities (COA) by determining that the subject 5 June 24, 2003 development was in process prior to the effective date of the Collier County Land Development Code amendment to Division 3.15, which became effective February 6, 2003. (Joseph K. Schmitt, Administrator, Community Development) D. Adopt a resolution authorizing condemnation of fee simple title interests and/or those perpetual or temporary easement interests required for the construction of a six -lane section of Vanderbilt Beach Road between Airport Road and Collier Boulevard (Capital Improvement Element No. 63, Project No. 63051). Estimated fiscal impact: $5,765,600. (Norman Feder, Administrator, Transportation Services) E. Approve agreement for the purchase of property for a Public Utilities' Division Operations Center at a cost not to exceed $8,200,000 (Land, Buildings and Associated Improvements), Project Numbers 73072 and 70059. (Jim DeLony, Administrator, Public Utilities) F. Approve the expansion of the previously approved four lane portion of the Good1ette Frank Road Project, from Center Street to Orange Blossom Drive, to a six lane project and approve the extended use of the previously approved contractor and consultants, Ajax Paving Industries, Inc., Johnson Engineering, Inc., and PBS&J Inc., Project No. 60134. (Norman Feder, Administrator, Transportation Services) G. Approve Guaranteed Maximum Price (G.M.P.) of$34,402,176 for Contract No. 98-2829, Amendment #4 to Kraft Construction, Inc., for the construction of the proposed Naples Jail Addition and Renovation, Parking Deck and Chiller Plant Expansion. (Skip Camp, Interim Administrator, Administrative Services) H. Approve funding for water reliability improvements in the amount of $3,380,500, Project 70094, 70893, 71011. (Jim DeLony, Administrator, Public Utilities) I. Amend Professional Engineering Services Agreement with Metcalf and Eddy, Inc., for the South County Water Treatment Plant Reserve Osmosis Expansion, Contract 98-2891, in the amount of $960,295, Project 70054. (Jim DeLony, Administrator, Public Utilities) 6 June 24, 2003 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation that the Board approve the offsite removal of up to 16,000 cubic yards of excess fill from the public school site for Saba1 Palm Elementary Schoo110cated at 4095 18th Avenue N.E. in Unit 72 of Golden Gate Estates, bounded on the north by 20th Avenue N .E., on the east by the future site of Middle School "EE", on the south by 18th Avenue N.E., and on the west by the Faka Union Canal, based upon a determination that the excavation work is not "Commercial", but will obtain a "Development" Excavation Permit. 2) Request to accept an alternate security for that subdivision known as Sierra Meadows, and enter into a new Construction, Maintenance and Escrow Agreement. 3) Request to approve for recording the final plate of "Valencia Golf and Country Club, Phase One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security, and to accept certain off site drainage easements. 4) Request approval and funding of a new position in the Tourism Department that is currently a Contract for Services position. 7 June 24, 2003 5) The Board of County Commissioners find that Global Manufacturing Technology, Inc., is in default under the Participating Party Agreement (PPA) executed with the County on August 3,1999. 6) Approval of Release of Lien for nuisance abatement recorded as Resolution No's: 90-550; 90-101; 91-406; 94-252; and 94-198 styled Board of County Commissioners Collier County, Florida vs. Elizabeth Chambers. 7) Approval of the Satisfaction of Lien for Code Enforcement Board Case No.'s: 2003-004; 2001-018; 2002-009 and 2000-022. 8) Request to approve for recording the final plat of "Char1ee Estates", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 9) Request to approve for recording the final plat of "Quail West Phase III, Unit Six", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 10) Final acceptance of water utility facilities for Bolero at Tiburon, Pelican Marsh. 11) Authorize Environmental Services Staff to submit a Grant proposal to the U.S. Fish and Wildlife Service (USFWS) for $6,845 (of which $3,200 will be reimbursable) to fund wetland p1antings and educational sign at Lake Avalon. 12) Request that the Board of County Commissioners approve terminating the Collier County Tourism Agreement with Visit Naples, Inc., and cancel the existing purchase order. 13) Request that the Board of County Commissioners approve a Second Amendment to the Tourism Agreement with Kelley Swafford and Roy, Inc., (KSR) for implementation of an FY02103 Emergency/Disaster Relief Marketing Budget Plan of up to $320,000. 8 June 24, 2003 14) Approve a Tourist Development Category "A" Beach Park Facilities Grant Application in the amount of $40,700. 15) Request to approve for recording the final plat of "Arrowhead Reserve at Lake Trafford - Phase One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 16) Establishment of a program to provide assistance to affordable housing rental developments. 17) A resolution authorizing submission of an application to the U.S. Department of Housing and Urban Development (HUD) for Urban County Re-Qualification for continued participation in the Community Development Block Grant (CDBG) Program for Fiscal Years 2004-2006. 18) A resolution of the Board of County Commissioners of Collier County, Florida, pertaining to the City of Marco Island's continued participation in Collier County's Urban County Community Development Block Grant and Home Programs for Federal Fiscal Years 2004-2006; and providing an effective date. 19) A resolution of the Board of County Commissioners of Collier County, Florida, pertaining to the City of Naples continued participation in Collier County's Urban County Community Development Block Grant and Home Programs for Federal Fiscal Years 2004-2006; and providing an effective date. 20) Approval of three (3) impact fee reimbursements totaling $11,978.94 due to overpaYment on building permits. 21) Approval of three (3) impact fee reimbursements totaling $9,960.82 due to overpaYment or cancellation of building permits. 22) Approval of Contract 03-3504, in the amount of$72,144, with Tinda1e-Oliver and Associates, Inc., for consultant services for a government buildings impact fee study. 9 June 24, 2003 . 23) Approve a Tourism Agreement with the City of Naples for T-Groin Monitoring, Project 90005, in the amount of $96,954. 24) COMMUNITY REDEVELOPMENT AGENCY BOARD CONSENT ITEM. To approve the authorization of a six-month extension of the Community Development Block Grant (CDBG) period from Financial Administration and Housing Department, for the Stormwater Management and Infrastructure Program in the Gateway Triang1e/Shadow1awn Neighborhood. 25) To approve a budget amendment transferring $500,000 from Community Development and Environmental Services Fund 113 Building Permit Reserves to Capital for the refurbishment of the existing Community Development and Environmental Services (CDES) Building. 26) Adoption of Resolution 03-_ requesting that Naples Bay be designed by the South Florida Water Management District as a Surface Water and Improvement Management (SWIM) Project and be included in the Swim Program. 27) To approve a budget amendment in the amount of $75,000 from Reserves to Operating and Capital within the impact fee section of Community Development and Environmental Services Division. 28) First amendment to Tourism Agreement with Evans-Klages, Inc., for expanded market research services. B. TRANSPORTATION SERVICES 1) Request Board approve a Landscape Installation and Maintenance Agreement among WCI Communities, Inc., Hammock Bay Owners Association and Collier County for landscaping along Mainsail Drive. 2) Request Board approval for the Landscape Maintenance Agreement with American Funding and Service Corporation as Trustee for the future landscaping and maintenance on Hemingway Place. 3) Approval of the FY2004 Transit Development Plan Update. 10 June 24, 2003 4) Approve an Interagency Agreement between Collier County and the State of Florida Department of Corrections, Hendry Correctional Institution, for continued use of inmate labor in road maintenance activities. 5) Approval Bid #03-3511, Immokalee Road Mowing MSTD Roadway Grounds Maintenance in the amount of $199,940 to Commercial Land Maintenance Inc. 6) Approve Contract Amendment No. 01-3216-A01, Contract No. 01- 3216, with Woods Hole Group for the Haldeman Creek Restoration Project (Project No. 51011) in the amount of $40,329 and approve funding for Tasks 7 and 8 for $76,374.50. 7) Award Contracts RFP 03-3462 "Fixed Term Professional Planning Services for Right-of-Way Acquisition" (Estimated dollar amount of contract not to exceed $500,000 annually per firm). 8) Approve Bid #03-3516, Award of "Devonshire Boulevard Irrigation Installation" to Hannula Irrigation, Inc., in the amount of$58,689. C. PUBLIC UTILITIES 1) Approve selection committee ranking of firms for contract negotiations for RFP 03-3427 "Environmental Engineering, Remediation and Restoration Services for Collier County". 2) Approve two budget amendments for Public Utilities Engineering Department project management costs related to the Vanderbilt Lagoon Restoration Study in the amount of $20,000. 3) Award Contracts 03-3484 "Fixed Term Instrumentation and Controls Engineering Services" (estimated annual amount $1,000,000) to the following firms: Camp, Dresser and McKee, Inc., Q. Grady Minor and Associates, and McKim and Creed. 4) Award Bid 03-3499R, South County Water Reclamation Facility Belt Press Walkway modifications, to NR Contractors Inc., in the amount of $39,500 (to be funded by the Wastewater Operations Budget). 11 June 24,2003 5) Approve the Satisfaction of Lien documents filed against Real Property for Abatement of Nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Fiscal impact is $96.00 to record the liens. 6) Award Bid #03-3514 to Perkinelmer for the purchase ofa gas chromatograph/mass spectrometer system in the amount of $74,984. 7) Approve a budget amendment to create a new Public Utilities project to prepare a 2003 update to the reclaimed water master plan and reuse rate study in the amount of $49,926. 8) Authorize conveyance of utility easements to Florida Power and Light Company for the installation of underground electric facilities to serve the South County Water Reclamation Facility Expansion Project 73949, at an amount not to exceed $50. 9) Approval and execution for Satisfactions of Notice of Claim of lien for sanitary sewer system impact fee. Fiscal impact is $18.00 to record the liens. 10) Accept easement for 12-inch potable water line and associated water facilities executed by Relleum, Inc., regarding the Balmoral PUD. 11) Approve Work Order #UC-054 with Kyle Construction Inc., in the amount of $210,000.00 for construction of fire and irrigation water system improvements at Pelican Bay Woods in Pelican Bay, Project Number 74023. 12) Accept utility and temporary construction easements for construction of Phase II of the sewer interconnect project to redirect flow between the North and South County Sewer Systems at a cost not to exceed $550. (Project No. 73076) 13) Approve a Donation Agreement and accept an amended utility easement for Phase I Sewer Interconnect Project which redirects flow between the North and South County Sewer Systems at a cost not to exceed $500. 12 June 24, 2003 14) Approve a budget amendment in the amount of $56,008.40 for transferring funds from Unincorporated General Fund, Fund Ill, to Water and Wastewater Impact Fees, Funds 411 and 413, respectively, to reimburse these funds for consultant services performed for areas outside of the County Water-Sewer District. 15) Approve Work Order #UC-055 with Kyle Construction Inc., in the amount of $240,000.00 for construction of fire and irrigation water system improvements at Oakmont in Pelican Bay, Project Number 74023. 16) Approve a resolution authorizing the submission of a loan application to the Florida Department of Environmental Protection (FDEP) for the North County Water Reclamation Facility (NCWRF) Expansion to 24.1-Million Gallons Per Day (MGD) Maximum Month Average Daily Flow (MMADF) Solids Stream; authorizing the Loan Agreement; establishing Pledged Revenues; designating authorized Representatives; providing Assurance; and providing for Conflicts, Severability, and Effective Date, Project 739502, at no cost. 17) Defer a work order amendment, under Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston and Moore Engineers for Hideaway Beach Access Improvements, Project 90511, within existing Work Order Budget. 18) Approve an Engineering Services Work Order, under Contract #01- 3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston and Moore Engineers for Hideaway Beach Renourishment Permitting, Project 90502, in the amount of$103,000. 19) Approve a budget amendment in the amount of $131 ,289 and two work orders, under Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning and Engineering for Sand Search Phase 3 and Marine Resources Investigation as part of County-Wide Sand Search, Project 90527, in the total amount of$899,000. 13 June 24,2003 20) Approve Work Order GH-FT-03-05 with Greeley and Hansen, LLP, to conduct the 2003 updates to the Water and Wastewater Master Plan and Impact Fee Studies, for the total amount of $221 ,600, Projects 70070 and 73066. D. PUBLIC SERVICES 1) Recommendation to declare Parcel 114 of Golden Gate Estates Unit 35 (Proposed Livingston Woods Neighborhood Park) as surplus properties, sell and return funds to General Fund. 2) Award Bid No. 03-3486 for the purchase of emergency medications to Aero Products, Alliance Medical, Biomedical International Emergency Medical Products, RX EMS, SE Emergency Equipment, and Sun Belt Medical for the Emergency Medical Services Department, budgeted funds for these purchases are $65,000. 3) Approve a modification in the amount of$4,600.00 to purchase Order #4500010298 with Enterprise Rent-A-Car for vehicle rentals for the Summer Food Service Program. 4) Approve the addition of Screen Printing Unlimited as an additional vendor to Contract #03-3478 for t-shirts for various Parks and Recreation Programs. 5) Approve the Donation Agreement from David W. Fisher and Kay J. Britt, as Successor Trustees of the Harold W. Fisher Trust, for a future playground in Copeland at a cost not to exceed $2,700. 6) Approve Change Order #5 in the amount of$77,358.75 for additional design work for North Naples Regional Park, Contract #99-2947. 7) Approve a budget amendment in the amount of $50,000 to ensure continuous funding of the home and community bases Medicaid Waiver Grant. 8) Approve a budget amendment in the amount of $544 to ensure continuous funding of the Alzheimer's Disease Initiative Grant. 14 June 24, 2003 9) Approve a budget amendment of $2,436 to recognize additional Grant Revenue in the RSVP Program. 10) Approve a budget amendment in the amount of $6,069 to ensure continuous funding of the Home Care for the Elderly Grant. 11) Approve a budget amendment in the amount of $204,523 to ensure continuous funding of the Community Care for the Elderly Grant. 12) Authorization to approve an Extension of an Agreement with the Southeastern Library Network (SOLINET) and permission for the Chairman to sign agreement. 13) Approval of a Sole Source Service Agreement with Medtronic Physio-Control for the maintenance and upgrade of Lifepak Monitors for the Emergency Medical Services Department in the amount of $33,132. E. ADMINISTRATIVE SERVICES 1) Authorize audit of Financial Management System Configuration under Contract 98-2794. 2) Approval of the Collier County Government Equal Employment Opportunity Plan. 3) Report and ratify staff-approved change orders to Board-approved contracts. 4) Approve and authorize the twenty-year limited We ather- Tightness Warranty Series 2500,2" Mechanically Seamed Roofing System, Manufactured by Englert, Inc., as installed, at the Max Hasse Community Center as expressed in Contract No. 00-3128, "Construction of the Max Hasse Community Center". 5) Approval of temporary living expenses to James W. DeLony, Administrator for Public Utilities and authorization of payment. F. COUNTY MANAGER 15 June 24, 2003 1) Approve Modification #1 to the Continuity of Operations Planning Grant previously approved by the Board of County Commissioners on March 11, 2003. G. AIRPORT AUTHORITY 1) Approve a budget amendment for $105,600 to increase budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at Marco Island Executive Airport. H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. 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. A copy of the Detailed Report is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, Naples. 2) The Finance and Accounting Department seeks authorization from the Board of County Commissioners to file the State of Florida Annual Local Government Financial Report for the Fiscal Year 2001-2002 as required by Florida Statute 218.32. K. COUNTY ATTORNEY 1) Approval of Settlement Agreement and Mutual Release involving litigation in Collier County v. The Carlisle at Naples~ Ltd.~ Case No. 03-230-CA in the Circuit Court of the Twentieth Judicial Circuit. 2) Approve the Stipulated Final Judgment relative to the acquisition of Parcels 113 and 713 in the Lawsuit styled Collier County v. Faith Bible Church of Naples, Inc., et al., Case No. 99-2165-CA 16 June 24, 2003 (Immoka1ee Road, Project No. 69101). 3) Item continued from the June 10~ 2003 BCC Meetin2. Approve a proposed settlement agreement providing for abatement of violation and compromise of lien in two Code Enforcement Lien Foreclosures entitled Collier County v. Anthony J. Varano, Case No.'s: 99-4226- CA and 00-3430-CA. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2002-AR-3054, James E. McDonald or Karen P. Shelton, representing the Trustees of Vanderbilt Presbyterian Church, requesting Conditional Use "2" (Churches and Houses of Worship) and Conditional Use "4" (Child Care) of the RSF-3 Zoning District. The request is to incorporate an existing single-family home on Lot 21 into the existing use as a church, and to permit a pre-school and child care in the church building only. The property to be considered for the Conditional Use is located at 1225 and 1301 Piper Boulevard on the north side of Piper Boulevard in Section 24, Township 48 south, Range 25 east, Collier County, Florida. This property consists of 2.24 acres. B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3607, William L. Hoover, AICP, of Hoover Planning and Development Inc., representing Barton and Wendy McIntyre and Joseph Magdalener, requesting changes to the existing Nicaea Academy PUD Zoning. The 17 June 24, 2003 proposed changes to the PUD document and master plan will eliminate the uses of private school and assisted living facility and allow for a maximum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard just south of the Crystal Lake PUD (RV Park), in Section 26, Township 48 south, Range 26 east, Collier County, Florida. This property consists of 119+ acres. C. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2002-AR-2869, D. Wayne Arnold, AICP, ofQ. Grady Minor and Associates, P.A., representing Panther Development, L.P., requesting a rezone from "PUD" to "PUD" Planned Unit Development having the effect of changing the name from Ronto Livingston PUD to Tuscany Reserve PUD, showing a change in ownership, reducing dwelling units from 1380 to 799, reducing density from 2.98 to 1.73 dwelling units per acre, and adding a Village Center Land Use District; providing for the repeal of Ordinance Number 2000-04, as amended, the former Ronto Livingston PUD; for property located west of Interstate 75 and east of Livingston Road at the Collier-Lee County Line, in Section 7, Township 48 south, Range 26 east, and Section 12, Township 48 south, Range 25 east, Collier County, Florida, consisting of 461.29+ acres. D. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-02-AR- 3161, Mr. Robert Duane of Hole Montes, Inc., representing the Botanical Gardens Inc requesting a rezone from "C-3" "RSF-3" "RSF-4" "RSF-5" ., "" "RMF -6", and "PUD" to PUD, Planned Unit Development to be known as the Naples Botanical Garden PUD consisting of an education center, conservatory, exhibition gallery, maintenance nursery, pedestrian ways through various garden areas and a theater for property located on the southwest comer of Bayshore Drive and Thomasson Drive in Section 23, Township 50 south, Range 25 east, Collier County, Florida. E. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2002-AR-2433, William L. Hoover, AICP, of Hoover Planning and Development, Inc., representing David A. Custer ofH.D. Development, LLC, requesting a rezone from "A" Agriculture to "PUD" Planned Unit Development to be known as H.D. Development PUD for 104 residential dwelling units for property located on the north side of Immoka1ee Road approximately 1.25 miles east of Oakes Boulevard, in Section 21, Township 48 south, Range 26 18 June 24, 2003 east, Collier County, Florida, consisting of 46.64+ acres. F. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. SE-03-AR-4038, an ordinance amending Ordinance 02-26, the Amerisite Rezone to correct a Scrivener's Error resulting from the unintentional inclusion of an incorrect legal description in the transmittal copy of the adopted ordinance to the Department of State for the property located on the east side of Collier Boulevard (CR 951) in Section 14, Township 50 south, Range 26 east, Collier County, Florida. G. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SNR-2003- AR-3868, Kathleen Bailie of Bonness Inc., representing Kathleen Court Property Owners Association, Inc., requesting a street name change for the portion of Houchin Street which begins at the intersection of Seward Avenue and continues south to be named Kathleen Court, a local street located in the southwest one-quarter of Section 11, Township 49 south, Range 25 east, Collier County, Florida. H. Adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, providing criteria and guidelines for the reimbursement of impact fees, authorizing the assessment of a non-refundable "Impact Fee Reimbursement Processing Fee" and providing clarification for the assessment of impact fees for changes of size or use. I. This item has been withdrawn. ADA-03-AR-4050, C. Lane Wood, of Quarles and Brady, LLP, representing William T. Higgs, Owner of White Lake Corporate Park PUD, requesting an appeal to Interpretation AR-3202 which was rendered on March 26,2003, regarding PUD development standards prevailing over regulations of the Collier County Land Development Code and an interpretation regarding buffering requirements ofPUD Ordinance 01-59 prevailing over the buffering requirements of Ordinance 03-03. J. This item has been continued to the July 29~ 2003 BCC Meetin2. PUDZ- 2002-AR-2841, Richard Woodruff, AICP, of Wilson Miller, Inc., and R. Bruce Anderson, Esquire, of Young, Van Assenderp, Vamadoe and 19 June 24, 2003 Anderson, P.A., representing U.S. Home Corporation, requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Heritage Bay DRI/PUD for a maximum of 3,450 residential dwelling units, 50,000 square feet of office uses, 150,000 square feet of retail uses, and assisted living facility containing up to 200 units for property located on the northeast comer of Immoka1ee Road and Collier Boulevard (CR 951), in Sections 13, 14,23 and 24, Township 48 south, Range 26 east, Collier County, Florida, consisting of 2,562 +/- acres. (Companion Item to DRI-2000-0 1) K. This item has been continued to the July 29~ 2003 BCC Meetin2. DRI- 2000-01, Richard Woodruff, of Wilson Miller, Inc., representing U.S. Home Corporation, requesting approval of a development order for the Heritage Bay Development of Regional Impact (DRI) to allow for a mix of residential, assisted living facilities, recreational facilities and commercial and office uses for property located on the northeast comer of Immoka1ee Road (CR 846) and Collier Boulevard (CR 951) in Sections 13,14,23 and 24, Township 48 south, Range 26 east. (Companion Item to PUDZ-2002- AR-2841) L. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2002-AR-3512: D. Wayne Arnold, AICP, ofQ. Grady Minor and Associates, P.A., and Richard D. Yovanovich of Good1ette, Coleman and Johnson, P.A., representing TBI/Naples Ltd., requesting a rezone from "PUD" to "PUD" for a project previously known as Naples Forest Country Club to now be named Naples Lakes Country Club PUD, to amend the commercial component of the PUD document to revise the schedule of permitted uses in the commercial/office designated tract of the PUD, and to reduce the commercial square footage from 150,000 square feet to a maximum of 110,000 square feet for property located at the NW comer of Collier Boulevard (CR 951) and Rattlesnake Hammock Road (CR 864) in Section 15, Township 50 south, Range 26 east, consisting of 485.02+ acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 20 June 24, 2003 June 24, 2003 CHAIRMAN HENNING: Call the meeting of the Board of Commissioners of Collier County to order. Today, June 24th, 2003. This morning we have James Silcox from Clinical Pastoral Education Department of Naples Community Hospital that will give the invocation today. Followed by that would be the Pledge of Allegiance led by representative staff aide Eric Zichella. Would you all rise and join me for the invocation and the pledge. MR. SILCOX: Let us pray. Almighty God, who has promised to hear the petitions of those who ask in faith, direct this body in all its doings with the almost gracious favor that all here may serve justice and promote the dignity of every human being, guide their judgment through doubts and uncertainties, grant them wisdom tempered with compassion, bestow upon them the grace to seek that which you would have them do, save them from false choices, shed your light upon the straight path, and bless all who labor upon this commISSIon. These things we ask in your name, amen. (The Pledge of Allegiance was recited in unison.) Item #2A REGULAR, SUMMARY, AND CONSENT AGENDA- CHAIRMAN HENNING: Good morning to all. I'd ask the county attorney, do we have any additions, corrections, deletions to today's agenda? MR. WEIGEL: Thank you, Mr. Chairman. No. I think that all the changes are appropriately noted, and revisions to the record on the change list that the county manager will direct you through. Thank you. Page 2 June 24, 2003 CHAIRMAN HENNING: County Manager Jim Mudd. MR. MUDD: Good morning, Commiss -- Mr. Chairman, Commissioners. Agenda changes for June 24th, 2003. The first item is item 6(A), and it's withdrawn, and that was a public petition request by Mr. Kyle Kinney to initiate an agreement for the transfer of ownership of Oakmont Parkway Extension from the Pelican Bay Foundation to Collier County. Again, that item is withdrawn, and that's at the petitioner's request. Now there's a new item that's not on your list, and it's item 7(A), and it's continued. And this is a -- this is CU-2002-AR-2354, William Hoover, AICP, of Hoover Planning and Development, Inc., representing Pastor Roy Shuck of Faith Community Church requesting conditional use three and four of the "E" Estates district to add a childcare and preschool to the existing Faith Community Church located at 6455 22nd Avenue Northwest, further described as part of tracts 15 and 16, Golden Gate Estates, unit 97. Again, that item is continued, and it will be till the 29th of July. The next item is item -- MS. FILSON: On that item, Mr. Chairman, I have six speakers. CHAIRMAN HENNING: We're going to hear that on the 29th of July or thereafter -- MR. MUDD: Yes, sir. CHAIRMAN HENNING: -- which has to be readvertised, and the folks need to be, in the area, notified of the change. MR. MUDD: Yes, sir. CHAIRMAN HENNING: So we're not going to hear those speakers at this time. MR. MUDD: And that continuation was at the petitioner's request. Item 1 O( C) should read, obtain direction from the Board of County Commissioners to consider the Hammock Isles project under Page 3 June 24, 2003 previous, rather than provisions, Collier County Land Development code, LDC, Division 3.15, regulations for the issuance of a Certificate of Adequate Public Facilities, in brackets, COA, by determining that the subj ect development was in process prior to the effective date of the Collier County Land Development Code amendment to Division 3.15, which became effective February 6, 2003, and that's at staffs request. Next item is 16(A)21, to be read into the record. The fire impact fees accessed/collected for the Big Corkscrew Island Fire District should have been the North Naples Fire District. We're just trying to get the right fire district of this particular item. CHAIRMAN HENNING: There's so many of them. MR. MUDD: There -- there was an administrative error -- there was an administrative error in the assessment of the fees. The fees being reimbursed were paid into the wrong fund, thus they will be reimbursed from the same fund by the building department who has signature authority on the fire accounts, and that's at staffs request. The next item is item 16(A)22. The dollar amount in the recommendation on the executive summary is incorrect and should read, that the Board of County Commissioners approve the contract in the amount of $72,144 for the professional consultant services for preparation of a government building's impact fee study and approve the necessary budget amendments, and that's at staffs request. The next item is 16(A)24. This item to be approved by the Board of County Commissioners as the Community Redevelopment Agency Board, or CRA. To approve the authorization of a six-month extension of the Community Development Block Grant, CDBG, period for the financial administration and housing department for the Stormwater Management and Infrastructure Program in the Gateway Triangle/Shadowlawn neighborhood, and that's at staffs request. The next item is item 16(C)12. The recommendation should Page 4 June 24, 2003 read, authorize the chairman to execute donation agreement once approved by the county attorney, and that's at staff s request. Item 16( C) 13, like 16( C) 12, the recommendation should read, authorize the chairman to execute donation agreement once approved by the county attorney, again, by staffs request. The next item is item 16(D) 1. The recommendation should read, staff recommends that the BCC find it to be in the best interest of the public and declare this parcel surplus property to be sold in accordance with statute 125.35, Florida Statutes, and the proceeds returned to the general fund, and that's at staffs request. Item 17(B) will be continued to the July 29th, 2003, BCC meeting, and that's PUDZ-2003-AR-3607, and that's William L. Hoover, AICP, of Hoover Planning and Development, Inc., representing Barton and Wendy McIntyre and Joseph Magdalener, requesting changes to the existing Nicaea Academy PUD zoning. The proposed change to the PUD development and master plan will eliminate the uses of private school and assisted living facility and allow for a maximum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard just south of the Crystal Lake PUD, in brackets, R V park, in section 26, township 48 south, range 26 east, Collier County, Florida. The property consists of 119 plus acres, and that's at the petitioner's request. Item 17(C), to be read into the record. Tuscany Reserve, non-substantive changes were made to the PUD document for legal sufficiency, and that's at staffs request. And then item -- and the last item, thank goodness, is 17(E), to be read into the record, correction to Table I, which is on page 78, should indicate rear yards adjacent to Olde Cypress Golf Course principal structure, 30 feet; accessory structure, 20 feet. Section 6.8, tract 3, multi-family residential area shall have no access onto Treeline Drive, and that's at staffs request. Page 5 June 24, 2003 And the last item on the thing is something we'll talk about during staff communication. CHAIRMAN HENNING: County manager, it was reported in the media that the Board of Commissioners will be discussing Wiggins Pass Marina today. Is that on our agenda? MR. MUDD: Not the agenda that I have in front of me nor that has been advertised, no, it isn't, sir. CHAIRMAN HENNING: Okay. Commissioner Coletta, do you have any additions, deletions, corrections to today's agenda, and -- MR. MUDD: Mr. Chairman, I might say that they're going in front of the EAC soon, but not the Board of County Commissioners. CHAIRMAN HENNING: Okay. MR. MUDD: We have some people to go through first. CHAIRMAN HENNING: -- or any ex parte communication on today's summary agenda? COMMISSIONER COLETTA: I have everything in this particular file, anybody who wishes to see it, pertaining to any items on the summary agenda. It's available for public view. And I have nothing else to change or ask for changes. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Mr. Chairman, I would like to, very briefly, address item 16(A)13. I don't think it's necessary to pull it, but I would like to ask that the staff agree to add something to it. 16(A) 13 is a request to establish a -- an emergency program for the tourist development director in the amount of $320,000 to be used at his discretion whenever an emergency occurs. While I have great confidence in our tourist development manager, I think we should not violate our existing process for emergency approvals of funding. And what I would ask that this -- that the board and the staff do is to require that a decision to implement and extend those $320,000 be made by the county Page 6 June 24, 2003 manager under our existing emergency procedures with a ratification by the Board of County Commissioners at the next regularly scheduled meeting. CHAIRMAN HENNING: That sounds great. MR. MUDD: Done. CHAIRMAN HENNING: I see-- MR. MUDD: Staff has no problem with that, sir. CHAIRMAN HENNING: -- agreements all over. COMMISSIONER COYLE: Okay. And I have -- CHAIRMAN HENNING: Thank you. COMMISSIONER COYLE: And I have no disclosures on the summary agenda. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. I have nothing on the agenda, but disclosures, 7(A), which has already been withdrawn. 7(B), I had phone calls in regards to it. 7 -- or excuse me, 8(B), I had MR. MUDD: Commissioner, was that 17(B) or 7(B)? COMMISSIONER HALAS: 7(B) I had phone calls on. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. COMMISSIONER HALAS: Hold on. I've got a few more. CHAIRMAN HENNING: I'm sorry. COMMISSIONER HALAS: And on 17, the summary agenda, 17(A), I had meetings, correspondence, and phone calls on, and that's all of the ex parte items. CHAIRMAN HENNING: You've been busy. COMMISSIONER HALAS: Yes. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Thank you. I have some -- yes. I've spoken -- on 17(A) I spoke to a few Page 7 June 24, 2003 members after their church worship service over at Vanderbilt Presbyterian Church just about their conditional use childcare. Also -- now that's Vanderbilt Presbyterian, not the one that we were just hearing of before. On 17(D), we're talking about the Botanical Gardens, and I spoke to a few members of the CRA as I sat in on their meeting to get their opinions. They were all in favor of and very supportive of. And that's all for disclosures. But on 16(B) 1, I just have a question. You know me, I get into all of these things. 16(B) 1, we're talking about the landscape installation and maintenance agreement with WCI for Hammock Bay. Back on page four, number seven, second sentence, it says, developer shall have five to remove the improvements. Five what? Five days? Five months? Five years? I'm not quite sure, so I thought I would just want that to be on the record. And I'm sorry that I'm having to give this to you so late. It's not anything crucial. I just felt that it should be corrected. CHAIRMAN HENNING: Do you want to pull that and correct that? It will only take a few minutes if we just pull it from the agenda. Why don't we do that, Commissioner, is that okay? COMMISSIONER FIALA: Fine with me, sure. CHAIRMAN HENNING: Great. I have one ex parte communication on today's summary agenda. That is 17(E), H.D. Development, I did meet with the petitioner. I have no changes to today's agenda. So I'd entertain a motion to approve today's regular, cons -- COMMISSIONER COLETTA: So move. COMMISSIONER HALAS: So move. CHAIRMAN HENNING: -- consent and the summary as amended. Motion by Commissioner Coletta, second by Commissioner Page 8 June 24, 2003 Halas. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (N 0 response.) CHAIRMAN HENNING: Motion carries, unanimously. Entertain a mo -- MR. MUDD: For the record, 16(B)1 will become 10(J). CHAIRMAN HENNING: 10(J), great. Page 9 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING June 24.2003 Withdraw Item 6A: Public Petition request by Mr. Kyle Kinney to initiate an agreement for the transfer of ownership of Oakmont Parkway Extension from the Pelican Bay Foundation to Collier County. (Petitioner request.) Item 10(C) should read: Obtain direction from the Board of County Commissioners to consider the Hammock Isles Project under previous (rather than provisions) Collier County land Development Code (lDC), Division 3.15, Regulations for the Issuance of a Certificate of Adequate Public Facilities (COA) by determining that the subject development was in process prior to the effective date of the Collier County land Development Code amendment to Division 3.15, which became effective February 6, 2003. (Staff request.) ITEM 16(A)21: To be read into the record: The Fire Impact Fees assessed/collected for Big Corkscrew Island Fire District should have been North Naples Fire District. There was an administrative error in the assessment of the fees. The fees being reimbursed were paid into the wrong fund, thus they will be reimbursed from the same fund by the Building Department who has signature authority on the fire accounts. (Staff request.) Item 16(A)22: The dollar amount in the recommendation on the executive summary is incorrect and should read: "That the Board of County Commissioners approve a contract in the amount of $72,144 for professional consultant services for preparation of a Government Buildings Impact Fee study and approve the necessary budget amendments." (Staff request.) Item 16(A)24: This item to be approved bv the Board of County Commissioners as the Community Redevelopment Aaencv Board (CRA). To approve the authorization of a six-month extension of the Community Development Block Grant (CDBG) period from Financial Administration and Housing Department, for the Stormwater Management and Infrastructure Program in the Gateway Triangle/Shadowlawn Neighborhood. (Staff request.) Item 16(C)12 the recommendation should read: "authorize the Chairman to execute Donation agreement, once approved by County Attorney, . .." (Staff request.) Item 16(C)13 the recommendation should read: "authorize the Chairman to execute Donation agreement once approved by County Attorney, . .." (Staff request.) Item 16(0)1 recommendation should read: staff recommends that the BCC find it to be in the best interest of the public and declare this parcel surplus property to be sold in accordance with s.125.35, Fla. Stat., and the proceeds returned to the General Fund." (Staff request.) Page 2 Agenda Changes June 24, 2003 Item 17(B) continued to the Julv 29. 2003 BCC Meetina: PUDZ-2003-AR-3607. William L. Hoover, AICP, of Hoover Planning and Development, Inc., representing Barton and Wendy Mcintyre and Joseph Magdalener, requesting changes to the existing Nicaea Academy PUD zoning. The proposed changes to the PUD document and master plan will eliminate the uses of private school and assisted living facility and allow for a maximum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard just south of the Crystal Lake PUD (RV Park), in Section 26, Township 48 south, Range 26 east, Collier County, Florida. This property consists of 119+ acres. (Petitioner's request.) Item 17(C): To be read into the record: Tuscany Reserve - non-substantive changes were made to the PUD document for legal sufficiency. (Staff request.) Item 17E: To be read into the record: Correction to Table I, which is on page 78, should indicate rear yards adjacent to Olde Cypress Golf Course principal structure: 30 feet; accessory structure: 20 feet. Section 6.8 Tract 3 - Multi-family residential area shall have no access onto Treeline Drive. (Staff request.) NOTE: Bring up under Communications: November and December BCC meeting schedule. Recommending November 18, December 2 and December 16, 2003. June 24, 2003 Item #2B, Item #2C, Item #2D, and Item #2E MINUTES OF MAY 27, 2003 REGULAR MEETING; MINUTES OF JUNE 3, 2003 WORKSHOP MEETING; MINUTES OF JUNE 3,2003 SPECIAL MEETING; AND MINUTES OF JUNE 11,2003 Entertain a motion to accept May 27, '03, regular meeting; June 3rd, '03, workshop; June 3rd, '03, special meeting; June 11th, '03, workshop. COMMISSIONER HALAS: So move. COMMISSIONER COYLE: So move. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Coyle to accept those minutes of the meeting, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, unanimously. Item #3 SERVICE AWARDS: TWENTY-YEAR TO BRIAN SANSONE OF WASTEWATER COLLECTIONS, TWENTY-FIVE YEAR TO DA VID SANCHEZ OF TRANSPORTATION/ROAD MAINTENANCE, AND THIRTY-YEAR TO ROBERT COSTNER Page 10 June 24, 2003 Today we have service awards from some of our -- recognizing some of our great employees, and Commissioner Coyle is going to lead us in that process. MR. MUDD: Commissioner Coyle, it's indeed an honor. Our first awardee is a 20- year awardee, and that is to Brian Sansone of Wastewater Collections. COMMISSIONER COYLE: Brian Sansone. (Applause.) COMMISSIONER COYLE: Congratulations. Thank you very much. COMMISSIONER FIALA: Congratulations. COMMISSIONER HALAS: Congratulations. COMMISSIONER COLETTA: Thank you. MR. MUDD: Come on, Brian. CHAIRMAN HENNING: Do you mind if we get a picture? CAMERA WOMAN: Excuse me, sir. Would you like to get a picture with all the commissioners? MR. SANSONE: Yes. CHAIRMAN HENNING: We'll give you the gavel. MR. SANSONE: Thank you. COMMISSIONER COLETTA: Now you've got to give a 10-minute speech. MR. SANSONE: Thank you. MR. MUDD: Thanks, Brian. The next -- the next awardee is a 25-year awardee, and that's David Sanchez from Transportation Road Maintenance. (Applause.) COMMISSIONER COYLE: Congratulations. Thank very much. COMMISSIONER FIALA: Wow, what service. Thank you. COMMISSIONER HALAS: Thank you. Page 11 June 24, 2003 COMMISSIONER COLETTA: I hope the next 25 are as rewarding. CHAIRMAN HENNING: Turn around and get a picture. Block the big guy. (Applause.) MR. MUDD: The next awardee is a 3D-year awardee, and that's Robert Costner from Transportation and Road Maintenance. (Applause.) COMMISSIONER FIALA: Thank you. COMMISSIONER HALAS: Congratulations. COMMISSIONER FIALA: A lot of people haven't even lived here 30 years. COMMISSIONER COLETTA: Thank you for the first 30. CHAIRMAN HENNING: Thank you. COMMISSIONER COLETTA: Turn right around and face the camera, sIr. (Applause.) Item #4A PROCLAMATION DESIGNATING THE MONTH OF NOVEMBER 2003 AS CELEBRATE THE ARTS MONTH IN COLLIER COl.INTY - ADOEIED CHAIRMAN HENNING: The next item is 4(A), and this is a proclamation recognizing November, '03, as Celebrate the Arts Month in Collier County. Accepting this is William O'Neill, president of the Arts Council, and Elaine Hamilton. And Commissioner Fiala will read the proclamation. COMMISSIONER FIALA: Thank you. Come on up, yes. This is, indeed, a pleasure and an honor to be reading this. Of course, you all know that I have a special place in my heart for the Page 12 June 24, 2003 arts, so I really love doing this. This proclamation states: Whereas, the arts and cultural community of Collier County enriches the lives of all residents and visitors; and, Whereas, tourism in Collier County is significantly enhanced by the area's diverse offerings of art and cultural activities; and, Whereas, the arts playa key role in the business community and make a significant contribution to the county's economy; and, Whereas, members of the arts community play an active role in area schools, enhancing the students' education; and, Whereas, there is an expansive arts community in Collier County with 50 plus arts and cultural organizations, 750 plus professional artists and musicians, 200 plus art galleries, and thousands of art lovers; and, Whereas, the United Arts Council of Collier County is organizing a series of art and cultural events throughout Collier County during the month of November, 2003. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that November, 2003, be Celebrate the Arts Month in Collier County, and we call upon our citizens to celebrate the arts and culture. We encourage residents and visitors to support arts and cultural organizations in the county and to participate in activities scheduled during the celebration. Done and ordered this 24th day of June, 2003, Board of County Commissioners, Collier County, Florida, Tom Henning, chairman. Motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. Page 13 June 24, 2003 CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, unanimously. Thank you. (Applause.) COMMISSIONER FIALA: It's so nice. I'm none of those talented people. I'm the one that buys their stuff. COMMISSIONER COYLE: Thank you very much. COMMISSIONER FIALA: Would you like to make a little speech afterwards? MR. O'NEILL: Ten seconds. COMMISSIONER FIALA: Good, anything. CHAIRMAN HENNING: Nine, eight, seven. MR. O'NEILL: I have a lawyer. Thank you so much. The United Arts Council, as you know, is the local arts agency charged with promoting and advancing the arts In our area. The recent cultural assessment which we accomplished with the assistance of the county commission under the United Arts Council auspices show that the arts are a vital and crucial part of our environment, our education, and our community. November will be a month-long celebration of the arts designed to showcase the contribution of all the arts to our community, and we appreciate the commission approving it and passing this resolution giving support to that celebration. CHAIRMAN HENNING: Thank you. (Applause.) CHAIRMAN HENNING: Commissioners, before we move on to the next proclamation, I'd like to recognize staff -- Collier County Page 14 June 24, 2003 staff liaison to Congressman Mario Diaz-Ballard, Steve Hart. Steve, thanks for being here today. Also with us is staff member from representative Dudley Goodlette, Sarah -- and I don't know Sarah's last name -- but Sarah, thank you for being here. UNIDENTIFIED SPEAKER: Ennis. CHAIRMAN HENNING: Sarah Ennis, thank you. Item #4B PROCLAMATION OBSERVING JULY AS PARKS AND RECREATION MONTH WHICH RECOGNIZES ALL THE BENEFITS DERIVED FROM QUALITY PUBLIC AND PRIVATE RECREATION AND PARK RESOURCES WITHIN COLLIER COI.INTV - A nrreIED Proclamation -- the next proclamation is observing July as parks and recs month. Today we have parks director -- parks director, Marla Ramsey, also she has a -- the advisory board to the parks and rec. Marla, would you come up, please, along with the advisory board, and Commissioner Coletta will read this proclamation. COMMISSIONER COLETTA: Well, it's, indeed, an honor. This is one of the better written proclamations that I've seen in my term as a commissioner. Whereas, the use of our parks and participation in recreational (sic) programs add more balance to life, provide care to latchkey kids, increase communication skills, build self-esteem, teach vital life skills, and provide safe places to play; and, Whereas, the benefits provided by the parks and recreational ( sic) program serve to boost the economy, enhance property values, attract new businesses, increase tourism, reduce crime, diminish gang violence, and curb employee absenteeism; and, Page 15 June 24, 2003 Whereas, the productive use of leisure time builds family units (sic), strength in neighborhood involvement (sic), offers opportunity for social interaction, creates a more educated community, develops creativity and promotes sensitivity to cultural diversity; and, Whereas our parks and trails ensure ecological beauty, provide space to enjoy nature, help maintain clean air and water, and preserve plant and animal wildlife; and, Whereas, recreational activities build strong bodies, reduce health care costs, decrease insurance premiums, make people happier, and help residents live longer; and, Whereas, recreational (sic), therapeutic recreation and leisure education are essential to the rehabilitation of individuals who have become ill or disabled, who have demonstrated antisocial behavior; and, Whereas, July 2003 has been designated as Recreational ( sic) -- Recreation and Park Month. And, therefore, be it proclaimed by the Board of Collier County Commissioners, Collier County, Florida, that July 2003 be observed as recreational (sic) and park month which recognizes all the benefits derived from quality public and private recreation and park resources within Collier County. Done and ordered this, the 24th day of June, 2003, Tom Henning, chairman. Thank you. And I make a motion for approval. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Coletta, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. Page 16 June 24, 2003 COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Thank you. (Applause. ) COMMISSIONER FIALA: Good to see you again, John. CHAIRMAN HENNING: Hey, thanks for being here. COMMISSIONER COYLE: Thank you very much. COMMISSIONER COLETTA: See you at Airport Park. CHAIRMAN HENNING: You want to say a few words, after we get a picture. COMMISSIONER FIALA: Boy, you're kind of dwarfed by all these guys, aren't you, Marla? MR. REBUS: Mr. Chairman and Commissioners, John Rebus (phonetic), representing the Parks and Recreation Advisory Board. We thank you very much for this recognition. And we have a special invitation to put on your calendars for all you ice cream lovers. July 27th from four to seven p.m., the parks and recreation is sponsoring the Third Annual Ice Cream Social for all ages at Sugden Regional Park, free ice cream sundaes for all and great entertainment. So we would like for all of you to attend. Thank you again. CHAIRMAN HENNING: Thank you. (Applause.) Item #5A PRESENTATION TO REPRESENTATIVE MIKE DAVIS, CHOSEN BY THE FLORIDA ASSOCIATION OF COUNTIES AS " Page 1 7 June 24, 2003 CHAIRMAN HENNING: Fellow colleagues, ladies and gentlemen, it's an honor today for myself to recognize Florida Association of Counties Freshman of the Year. Today we have members of the Florida Association. Would you please join me? Despite all the challenges the county's faced during the 2003 legislation session, I am proud to say that we are successful on a number of legislation items that took place in Tallahassee this year; however, these accomplishments would not have been possible without a key support of members of our legislation, like Representative Mike Davis of District 101. On behalf of the Association of Counties, we are proud to honor the legislators today who has (sic) demonstrated as a strong commitment to resolve critical issues affecting counties. Representative Mike Davis was elected to the Florida House of Representatives in 2003 in District 101 that serves eastern parts of Collier County and western part (sic) of Broward County. Representative Mike Davis has lived in the county for almost 30 years and has donated countless hours to public service in our community, and as testament to Mr. -- Representative Mike Davis's experts (sic) experience, Speaker Johnny Bird honored him as his liaison to the Florida Department of Community Affairs. During the '03 session, Mike Davis has served on several key committees important to counties and distinguished himself as vice chair on the subcommittee on environmental regulation. In additions (sic) to his responsibility, Representative Davis is also a member of the house local government and Veterans Affairs Committee and Natural Resources Committee, the Judicial Committee, and the Selection Committee on Florida economics (sic) future. As an example of his commitment to local issues, Representative Davis has sponsored legislation that would have provided counties with additional resources effectively addressing Page 18 June 24, 2003 local and regional transportation needs. Representative Davis also sought to give counties a more flexible (sic) in their use of their local gas taxes revenues, allowing them to use such revenues for nontraditional transportation improvements such as multi-use pathways, intersection improvements, and other enhancement development outside the boundaries of the local comprehensive plan. Taking (sic) together, these efforts represent a solid example of local control. In addition to these efforts, Representative Mike Davis helped to defeat a proposal that would have expanded the scope of the uses of the mandated funds under the Health Care Responsibility Act, specifically appropriated by counties to fund indigent health care, counties funded many local programs and service with discretionary dollars to meet the unmet health care needs to our citizens. Without Representative Davis's unwavering commitment to preserve counties, ability (sic) to provide these services and many other essential programs that would jeopardize this year's funding. Finally, he's drawing his experience as a former planning commissioner of Collier County. Representative Davis supported various water resources (sic) issues which include legislation, would (sic) have required local supply protection to be included in local comprehensive planning. And, Commissioners, isn't that what we promised our residents? He also promoted water conservation and reuse that would have directed water management districts to modify and improve regional water supply plans. Representative Davis's personal beliefs is, less government is not bad government. His personal belief -- believes that personal responsibility is good government. Florida Association of Counties is pleased to recognize Representative Davis for his dedicated (sic) to improve and maintain Page 19 June 24, 2003 the quality of life for all residents in the great State of Florida, and his support for counties during the 2003 legislation session has been a tremendous blessing for the residents in the State of Florida. So Commissioners, ladies and gentlemen, please assist me in thanking Representative Mike Davis for his service to the citizens in Collier County. (Applause.) COMMISSIONER FIALA: Boy, Mike, you make us proud. COMMISSIONER COYLE: Congratulations, Mike. Thanks for all the hard work. REPRESENTATIVE DAVIS: Well, there goes my award. COMMISSIONER FIALA: We got your award out of here in time. CHAIRMAN HENNING: Could we get another picture, please? Commissioners, ladies and gentlemen, I'd like to say personally that I've known Mike Davis for a number of years, and there is no question that he was going to be a key role in Tallahassee, and we're proud of Mike Davis here in Collier County. Mike, you want to say a few words? REPRESENTATIVE DAVIS: Thank you. Thank you, Mr. Chairman. As everyone is hurriedly cleaning up my mess up there, I was going to open by saying that it's so nice to be back home where instead of -- instead of being called the Honorable Mike Davis or Representative Mike Davis, and as my wife says, you get the big head, I'm in a room where it's nice just to be Mike again, and then, of course, I proceed to spill water all over the dais this morning. COMMISSIONER FIALA: At least it was water. It wasn't coffee or something. It doesn't stain anything, see? MR. MUDD: Representative Davis, on a good note is, you notice how all those towels came out all of a sudden and they were Page 20 June 24, 2003 everywhere and nobody had to go out to another -- they've done this before, so I -- COMMISSIONER COYLE: This happens with increasing regularity. REPRESENTATIVE DAVIS: Smaller -- smaller water jugs, I guess. I just -- briefly, I just wanted to thank the Florida Association of Counties, Carol Bracy and Eric Poole, that are here. What I didn't know as a resident from Collier County that I think all five of you county commissioners know, is what a great organization you have in Tallahassee and what a wonderful job they do for you-all and how hard they all work. If a legislator is proposing legislation that's good for counties, you've got some troops up there that come to the battle and do a superb job, and I know you're very proud of them. I wanted to recognize my staff. It's kind of easy to excel when you've got really good people working for you and with you. My legislative secretary, Helene LeComte, and my legislative assistant, Eric Zichella. I've got the best staff in the freshman class, too. And I appreciate them both very much. I wanted to thank the five of you, colleagues certainly, more importantly friends, friends for some of you for many, many years, and some more new friends, but certainly friends, and I appreciate your counsel and your cooperation as we move forward in the coming legislative session, and thanks to the folks I represent in District 101 for giving me the opportunity to be in the legislature and represent them. And, finally, I'm going to embarrass someone. Since the first of July, I counted it up, I've been home for four weeks, and your family makes a great sacrifice for you to serve in the legislature. And with us today and most -- I think all of you know her, my wife Patricia who, with her unwavering support of what I'm doing, has been so Page 21 June 24, 2003 very important to me, and I thank her for that. (Applause.) REPRESENTATIVE DAVIS: And anyone that would like to come down to the first floor, you can visit this lovely picture I was given today. Thank you. CHAIRMAN HENNING: Thank you. Thanks for all your servIce. (Applause.) CHAIRMAN HENNING: And Representative Davis, we will take those towels that sopped up the water, and we'll recycle that and use it in our reclaimed water. REPRESENTATIVE DAVIS: Very good, Mr. Chairman. CHAIRMAN HENNING: Thank you. Item #5B RECOGNIZED TROY PIROSSENO, TRADESWORKER CRAFTSMAN, FACILITIES MANAGEMENT DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR JUNE 2003 - RECOGNIZED Commissioners, it's an honor to recognize an Employee of the Month. It always is an honor for the chairman to do that. Today we have Tony (sic) Pirosseno. And Tony -- MR. PIROSSENO: Troy. COMMISSIONER HENNING: -- would you please come up, please. MR. PIROSSENO: Troy. COMMISSIONER HENNING: Troy, thank you. Troy, sorry about that. Thanks for being here. . Troy is -- has been a dedicated employee, and time and time again, Troy has gone above and beyond the call of duty to assist the Page 22 June 24, 2003 Collier County Government and the staff and the public. He is a team player. It is necessary to facilitate (sic) -- facility (sic) management. Troy has branched out into all disciplines needed to work within the facilities management department. Troy incentives (sic) and decision-making capabilities are reflected into all jobs, large or small. He just -- recently he has been given a project of exotic vegetation removal at the fleet management facility. This was a large request in conjunction with the natural resource exotic removal week (sic), not only in performing the work, but also has established specific tasks to accomplish the work. He coordinated every aspect of the proj ect setting a timeline to get the survey to supervising employees. He established a timeline for proj ects and more than met his goal. Troy has worked extra hours to ensure that the proj ect was complete (sic) properly, and this is a typical example of how Troy works. In this ( sic) tireless efforts, his true commitment to exceed expectations that Troy has (sic) stand out in not only in facility (sic) management department, but also within Collier County government. And Troy, I want to give you a $150 check so you can sign it over to your wife, and -- great. And I also wrote you a little personal note. Let me take that sticky off. And we also want to give you this plaque, Troy. Thank you. MR. PIROSSENO: Thank you. (Applause. ) COMMISSIONER FIALA: Thank you so much, Troy. COMMISSIONER COLETTA: Congratulations. COMMISSIONER FIALA: I think it's really neat, his department is here to salute him, and his family is here to watch with pride. MR. PIROSSENO: Thank you. COMMISSIONER FIALA: Thank you. Page 23 June 24, 2003 (Applause.) CHAIRMAN HENNING: Okay. Item #8A RESOLUTION 2003-225 REGARDING APPLYING THE ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS TO AMEND THE PARKS AND RECREATIONAL FACILITIES IMPACT FEE RATE SCHEDULE, WHICH IS SCHEDULE THREE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE NO. 2001-13, AS AMENDED); PROVIDING FORA DELAYED MR. MUDD: 8(A). CHAIRMAN HENNING: The -- moving right along. Skipping six and seven. Weare at eight. This is an adoption of a resolution applying an annual mid-year (sic) -- mid-cycle year indexing, adjusting ( sic) the amendment of the parks and recs facility impact fee rate schedule, which this schedule has three of apex (sic) A of chapter seven (sic) of the Collier County code of laws and ordinance. Collier County consolidated impact fee ordinance number 2001-13, providing for a delay -- effective delays (sic), and here to lead us into the charge is? MS. PATTERSON: Amy Patterson. I'm the impact fee coordinator from community development. And the-- CHAIRMAN HENNING: Any questions? MR. MUDD: Commissioners, the reason we put it on the agenda for the regular agenda is we're basically doing what you directed us to do. In every possible case that we can, we're indexing those impact fees and keeping them -- keeping them up to the rate of Page 24 June 24, 2003 growth and to the CPI that's going on within our community. CHAIRMAN HENNING: Do we have any public speakers? MS. FILSON: No, sir. COMMISSIONER COYLE: Motion to approve. CHAIRMAN HENNING: Close the public hearing. I'm sorry? COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second that motion. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Motion by Commissioner Coyle, second by Commissioner Fiala. Does our staff have to get anything on the record? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saYIng aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (N 0 response.) CHAIRMAN HENNING: Motion carries, unanimously. MS. PATTERSON: Thank you. CHAIRMAN HENNING: Thank you, Amy, you did a great job. MS. PATTERSON: Oh, Thank you. Item #8B PETITION PUDZ-2002-AR-3011, DWIGHT H. NADEAU, OF R.W.A., INC., REPRESENTING A.R.M. DEVELOPMENT, CORP., OF S.W. FLORIDA, INC., REQUESTING A REZONE Page 25 June 24, 2003 FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS "TUSCANY COVE" PUD FOR A RESIDENTIAL DEVELOPMENT FOR A MAXIMUM OF 425 RESIDENTIAL DWELLING UNITS GENERALLY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (CR 951), APPROXIMATELY lit MILE SOUTH OF IMMOKALEE ROAD (CR 846) - TO BE SENT BACK TO PLANNING COMMISS.ION MR. MUDD: The next item, Mr. Chairman, is item 8(B). It's PUDZ-AR-2002-AUR-3011, Dwight H. Nadeau ofRW A, Inc., representing A.R.M. Development, Corp., of Southwest Florida, Inc., requesting a rezone from "A" rural agriculture to PUD, planned unit development, to be known as Tuscany Cove PUD for a residential development for a maximum of 425 residential dwelling units generally located on the east side of Collier Boulevard, County Road 951, approximately one quarter mile south of Immokalee Road, which is County Road 846, in section 26, township 48 south, range 26 east, consisting of 78.07 acres. And this requires the participants to be sworn in and ex parte disclosures be provided by the commission members. CHAIRMAN HENNING: All wishing to give public testimony, please rise and be sworn in by the court reporter. (All speakers were duly sworn.) CHAIRMAN HENNING: Thank you. Disclosures on this item, Commissioner Halas? COMMISSIONER HALAS: Yes. I have emails in regards to this particular item. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. I have met with Rich Y ovanovich and others, and also have received emails. CHAIRMAN HENNING: I met with the petitioner and his Page 26 June 24, 2003 representatives. Commissioner Coyle? COMMISSIONER COYLE: I have met with representatives of the petitioner, and I have one email. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Likewise, I've met with the petitioner, and I've also received emails. CHAIRMAN HENNING: Mr. Yovanovich, you're on deck. MR. YOV ANOVICH: Good morning. For the record, Rich Y ovanovich representing the petitioner. With me I have Ronie (phonetic) Alias, who's representing the contract purchaser, Dwight Nadeau, the planner on the project, Ted Treesh, the traffic consultant, Paul Indelia, also representing -- with R W A, representing the petitioner, and Ken Passerella, if there are any questions regarding the environmental issues related to the proj ect. Basically the project is a, roughly, 78-acre parcel of property located about a quarter of a mile south of the Immokalee Road/Collier Boulevard intersection. It is on the east side of 951. Across from the project is Pebblebrook, and south of the project is Crystal Lake RV Resort. The project is set up to where the project entrance will align with the existing entrance to Pebblebrook. It also provides for an interconnect to the future development to the north. It's undeveloped right now, but it's in the activity center, so we anticipate that it will be some form of commercial retail development, so there is interconnection to our property to the north. The requested density for the project has been, originally, in all the information you have in analysis, was based upon a 500-unit project. At the Planning Commission, the petitioner agreed to reduce the density to 425 units, so the analysis even gets better when you consider that there's been a reduction in density. That equates to 5.4 units per acre. The reason we are asking -- we are allowed to request greater Page 27 June 24, 2003 than four units per acre is because we're in a residential density band, which is wherever there is an activity center, you can ask for up to a density bonus of three more units. So the maximum permitted density for the project would be seven. We're asking for 5.4 units per acre at this time. The staff reviewed the petition. The petition was found to be consistent with all of your goals and objectives of your comprehensive plan. Your transportation department reviewed our petition and our traffic analysis and found it consistent with the comprehensive plan. We went through our hearing at the Planning Commission, and one planning commissioner raised the issue of traffic heading south on County Road 951 as it gets closer to the Vanderbilt Beach Road intersection. That planning commissioner brought the motion -- it was Commissioner Mark Strain, brought a motion to approve the project, but he wanted to delay COs until the improvements on 951 had been completed because he was concerned about traffic heading south on 951. Subsequent to the Planning Commission meeting, we put our heads together as to what would be a possible solution to resolve the issue raised by Commissioner Strain, and that was, how do we stop traffic from heading south on 951 ? And we have -- we have designed a -- I call it a porkchop. I know that's probably not technically a correct engineering phrase, but we have -- we have designed a porkchop at our proj ect entrance which would prohibit any turning movements south on 951, because when the ultimate six -laning occurs, there will not be any permitted traffic to head south anyways. So we would mirror the condition that would exist when the improvements were ultimately constructed. And I believe that was -- the concerns that the planning commissioner had was, we want to make sure there's no southbound traffic. So we have -- on the visualizer you will see we have -- we Page 28 June 24, 2003 have designed our entrance to where there will be a -- that porkchop that would prohibit southbound traffic movements, we would construct a decel. lane on 951 to get the traffic entering our project off the main two lanes so we would not interfere with traffic heading north, and we will construct an acceleration lane for proj ects -- I mean for cars leaving our project and heading north, and it would merge into the existing four lane condition that exists up at the intersection. So what we -- what we think we've done -- and I believe there's concurrence from the planning commissioner who brought the motion -- that we have addressed his traffic concerns with -- with our proj ect by doing this porkchop and by providing the acceleration lane so we will not be affecting the level of service of southbound traffic on 951. Just a little bit north of our project it's already four lanes, so we would have a four-lane condition north of our proj ect in existence at the time. So we believe we've gone ahead and addressed that issue as far as the Planning Commission recommendation as far as dealing with the traffic concerns. The remainder of the proj ect -- you've read the staff report, you've read the analysis, the Planning Commission staff report. We've -- we've made changes to the PUD to implement the porkchop solution, I just discussed. We've also reduced the density down to 425 as we had agreed to at the Planning Commission. We hope at this point we have satisfactorily addressed the traffic concerns, and I won't get into all the other issues since they didn't really seem to be issues for the Planning Commission, but I'm prepared to discuss any other issues you may have. CHAIRMAN HENNING: Mr. Yovanovich, I have a question. Are you prepared, or your client prepared to construct a right-hand turn lane into the project from Collier Boulevard? Page 29 June 24, 2003 MR. YOV ANOVICH: Yes, that's part of the solution, would be to have our decel. lane into our proj ect and an acceleration lane outside -- out of our proj ect. CHAIRMAN HENNING: Okay. What about a left turn lane in? That would be coming from the -- from the north -- MR. YOV ANOVICH: Yes. We can -- we can make sure that the left turn lane into the project as we're heading south is constructed as well before any COs are -- CHAIRMAN HENNING: And you're going to have an acceleration lane? MR. YOV ANOVICH: Correct. CHAIRMAN HENNING: So there won't be any impacts on the existing traffic on Collier Boulevard? MR. YOV ANOVICH: We will be able to design this to where we don't interfere with the existing two lanes that exist at this time. CHAIRMAN HENNING: Okay. And I think that's a very big concern. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I -- it's my understanding that the Planning Commission was primarily concerned about traffic south of this intersection, and certainly your interest, or your willingness to create a mandatory right turn northbound out of your property will address that situation. But I think we have to recognize that there is the possibility and probability that some of that traffic that turns right and goes north out of your development could do a U-turn and head south. And south seems to be the problem at the present time, particularly in view of, I think, what -- our pending change in our development schedule, which, of course, you have no control over and shouldn't be impacted by. But there are some other ways that we should be able to address that, and I want to first make sure I understand, this is work force Page 30 June 24, 2003 housing? MR. YOV ANOVICH: Well, the price points are -- COMMISSIONER COYLE: Price points. MR. YOV ANOVICH: -- are between 175 on the low side and 250 on the high side. COMMISSIONER COYLE: So it's not luxury housing. CHAIRMAN HENNING: Luxury to some. COMMISSIONER COYLE: Yeah, I guess that's probably true. COMMISSIONER FIALA: One seventy-five. COMMISSIONER COYLE: So what I would suggest is that we do a couple things. I would like to see the total density reduced to 375 units, and then phase in the development of the others providing up to 200 units for the first year, and then phase the units in at 20 units per month thereafter, which gives us about 18 months before this -- this development will be completely built out. And by phasing it in, it gets us a little closer to completing, or at least beginning our road expansion proj ect south of this particular development. So would that be acceptable to you, Mr. Y ovanovich? The alternative, of course, is to remand it to the -- to the Planning Commission and let them reconsider. MR. YOV ANOVICH: As I understand it, it would be 200 from -- within from now until basically June of next year? COMMISSIONER COYLE: Yeah. MR. YOV ANOVICH: And then ration us 20 units an acre thereafter -- I mean, 20 units a month thereafter? COMMISSIONER COYLE: Yeah. MR. YOV ANOVICH: We can -- we can agree to that phasing schedule as well as the reduction in the overall proj ect density to 375. Did I get that right? COMMISSIONER COYLE: Yeah, 375. MR. YOV ANOVICH: As well as -- that, of course, includes the Page 31 June 24, 2003 porkchop -- COMMISSIONER COYLE: The porkchop, the northbound acceleration lane, the northbound right turn lane into your property, and a left turn lane coming from the north going into your property, as Commissioner Henning has suggested. And I think that -- that achieves some goals for us. It reduces the density. First of all, it controls the traffic, it makes sure that we minimize the impact on the southern portion, which is where the traffic problem really exists, because there is no traffic conflict north of this project, and I think it pretty much gets at everybody's concern here. CHAIRMAN HENNING: Commissioner Halas, and then Commissioner Fiala. COMMISSIONER HALAS: Yeah. I have some -- COMMISSIONER COLETTA: Commissioner Coletta down here had his hand up first. CHAIRMAN HENNING: Oh, well, wait a minute, wait a minute. Commissioner Coletta had his hand up first. Commissioner Coletta? COMMISSIONER COLETTA: I appreciate that. And when you look down this way, you'll notice me occasionally. If I may, a couple of questions. I'm very concerned over this. This is a two-lane highway that's severely impacted by what's already there. We're talking about modifications to a two-lane highway to accommodate a new development. It's going to put more traffic on the road regardless of the fact that there's turn lanes, porkchops, or whatever, and I do have concerns on this. I really do. I don't know what -- the hurry to go forward on this. I liked the original proposal where we were going to tie it in with the COso I really did. We were going to be able to get a control on this thing finally where we were going to be able to narrow down the scope of when this was going to happen. Page 32 June 24, 2003 Why do these people that live there now have to suffer until we get that six-lane highway in? I'd like to hear from Norm Feders (sic), to be able to hear from our expert on transportation how this all comes together, if I may. CHAIRMAN HENNING: Sure. COMMISSIONER COLETTA: And I appreciate you recognIzing me. CHAIRMAN HENNING: I always do, Commissioner. MR. YOV ANOVICH: Commissioner Coletta, may I respond while Norm's coming up? COMMISSIONER COLETTA: Sure. MR. YOV ANOVICH: Okay. And what we've tried to do was, the concern that was expressed to us was southbound traffic, and we're trying to eliminate that southbound movement. Keep in mind that our traffic impact statement showed only 18 percent of our traffic would head south in the beginning. So even if we were to go -- you take all of that and go north and U-turn, only if every one of those movements made a U-turn movement, it would be 18 percent of them heading south. I don't believe that a hundred percent of those traffics that would have gone south will make that U-turn. And what we've tried to do is make sure we're really not impacting the flow of traffic as it exists today or in the future by doing these turn lane movements to get them off. And also keeping in mind your transportation staff approved our project without any of these changes. So I think we're making it better. And with what Commissioner Coletta's done -- I'm sorry -- Commissioner Coyle, we've -- he's cut the density, and basically, he's taking a fourth of the project away. So it's 25 -- it's that much better now that we're eliminating 125 units. COMMISSIONER COLETTA: Well, I guess my question to you, Mr. Feders (sic), with what they plan to do there, will it improve Page 33 June 24, 2003 the situation on 951 in that corridor? MR. FEDER: For the record, Norman Feder, transportation administrator. Commissioner, I think we're moving in the right direction. I think Commissioner Henning's request for modification with a left turn as well as the right and the accel. lane, additionally, the phasing will help. To give you a perspective, the project for six-Ianing should be under construction beginning of calendar year '05, completed fall or towards the end of '06, to put a perspective on your phasing issues. I do want to make sure it's clear that as we get into the six -laning, the prospects are that they will not have a left turn in. Most likely a right-in, right-out. I think they're aware of that, and there was something mentioned, but I just want to make it clear that if we're requiring them to accommodate on a two-lane roadway today, the left turn lane, that that not be perceived as structuring that provision when a median is placed when it goes six lane in the future. COMMISSIONER COLETTA: So the answer is that what they're going to do is going to improve it for everyone on 951 ? MR. FEDER: No. Obviously, they're going to add traffic. I think what has been proposed will minimize some of the impact that they will present on 951. COMMISSIONER COLETTA: Okay. And -- well, I guess the question back to you, Mr. Y ovanovich, would be, why is it necessary __ why would the first proposal that came from the Planning Commission to tie it into the COs be a bad proposal? MR. YOV ANOVICH: Well, for obvious reasons it's -- well, for the most important reason, it's inconsistent with the concurrency management plan that the county has adopted. We are not -- the concern of the Planning Commission was southbound traffic. It wasn't the project, and it was -- it was concern about having traffic going south. I think what we're proposing is Page 34 June 24, 2003 consistent with what the Planning Commission wanted. They wanted to make sure we didn't send traffic south prior to it being accommodated in the transportation system, and I think we've done that. And in response to, you know, Norm's concern about our thinking we have a right to -- a left turn lane, the PUD document has been structured to allow the county to make those decisions on median openings. So if the left turn lane needs to go away, the left turn lane will go away. So there's really no issue related to that. COMMISSIONER COLETTA: The reason I brought this up is the plan -- in my summary it says the Planning Commission voted 5-3 to recommend approval of your PUD to the Board of County Commissioners with the added condition that no Certificate of Occupancy be issued till Collier Boulevard is operating at a width of six lanes. It didn't interpret anything else from it. I mean, you're free to interpret what their intent was, but this is what I have in front of me. Is this something we should send back to the Planning Commission to get a reinterpretation from them? MR. YOV ANOVICH: That's certainly within your prerogative to send it back. I do know that the motion maker who brought that motion has corresponded and expressed what his concerns were, and that the solution that we're suggesting would have resulted in a different motion, not the motion that he brought, which would have not been to -- COMMISSIONER COLETTA: We can -- we can guess that it would be. We do not know that for a fact. MR. YOV ANOVICH: Again, if it's the preference of the commission that we go back and remand this to have the Planning Commission hear this consideration, it's certainly within your prerogative. COMMISSIONER COLETTA: For too long now past Page 35 June 24, 2003 commissions have been rubber stamping these things one right after the other without due consideration of the infrastructure. That's my concern, Mr. Y ovanovich. I can hold the original recommendations of the Planning Commission, but I cannot agree to this. I know the people in that area, that if they knew that this was going to happen with another development going in prior to the road being built, they are going to be very upset with this commission, and that's why I can't support anything but the original recommendations of the Planning Commission. MR. YOV ANOVICH: And I respect that, Commissioner Coletta. I can tell you that at the Planning Commission there was nobody there from the neighborhood voicing any objections to the project with 500 units and no phasing, so I didn't get the sense that the community was in an uproar about our proj ect. I got the exact opposite sense, that, you know, since they didn't show up, it was a non-issue in the area. And I just -- COMMISSIONER COLETTA: I hear you. Also, too, most of the property owners' associations and civic associations are shut down for this time of the year. I'm sure that if they're given enough time, that there would be an outpouring of expressing nonsupport for it under the current conditions, and that's the reason why -- my particular stance. Now, the commission, of course, is free to make up their own minds on it. CHAIRMAN HENNING: Commissioner Halas, then Commissioner Fiala. COMMISSIONER HALAS: Yes. I have a couple of questions that I'm concerned about. I'm going to direct this to staff. As I read through the documentation, they talked about the additional three units per acre density increase. And I can see if it was tied directly to an activity center where you had Page 36 June 24, 2003 interconnectivity, but we're talking about an activity center that's better than a mile away. And how do you get bonus -- bonuses for density when the activity center is more than a mile away? And also that -- who's going to say that those people are going to use that activity center? They're going to go all over the county as far as traffic impact goes. And so, I need to have some clarification here exactly how this came about. And then I also have another question, whereabouts would this southbound turn lane be located on 951 ? MR. REISCHL: Fred Reischl, planning services. The activity center is adjacent to this parcel. It's not constructed yet, but the center is there. The parcel immediately to the north where the nursery is today, is within an activity center, so that is eligible for a rezone to commercial. That's -- the density band starts at the intersection of Immokalee Road and Collier Boulevard and goes one mile out. COMMISSIONER HALAS: But the activity center is not there at the present time? MR. REISCHL: The underlying land has the activity center, but it's not constructed. COMMISSIONER HALAS: Yeah. There's a nursery there at the present time. MR. REISCHL: That's correct. COMMISSIONER HALAS: Okay. So when is this going to come onboard? MR. REISCHL: That's up to the property owner of the nursery. COMMISSIONER HALAS: So that's how come we can add more density into that area because there might be an activity center there some day? MR. REISCHL: That's what previous boards through the growth management plan has directed, that at each activity center and a mile out in each direction, there's a residential density band. Page 37 June 24, 2003 COMMISSIONER HALAS: Something doesn't seem right here, for some reason. We're trying to decrease density, not increase density. MR. LIT SINGER: Mr. Chairman, Stan Litsinger, comprehensive planning manager, for the record. Responding somewhat to your issue on -- this is -- on your future land use map, this is Activity Center Number 3, and we're just now starting to see that activity. And in your comprehensive plan, the residential density bonus band, within one mile of the intersection of your activity centers, does provide for a bonus of up to three units per acre, as may have been mentioned previously. And in this particular case, the petitioner is asking for 1.4 units per acre in addition to the four units per acre from the rezone. Now, here again, it's discretionary. It's one of five density bonuses that are provided for your compo plan. The reason that this particular bonus was provided within the specifications of your 18, I believe it is, activity centers, is to actually encourage residential development within the confluence, if you will, of your activity center to bring transportation impacts, community activity, and hopefully mixed use development and pedestrian-friendly and interconnectivity within the activity center range. COMMISSIONER HALAS: I have another question then. We don't -- we have an activity center that's not there yet because we have a nursery. How many other PUDs do we have out there that are going to be located in this general locale that are also going to be impacted as far as this density increase, as far as future traffic, let's say, that's going to be generated, let's say, up to the year 2007? MR. REISCHL: I don't have the exact statistic, but it would be everything within one mile of the -- that intersection. COMMISSIONER HALAS: Well, this would lead into, how are we going to handle this traffic on a two-lane highway? Page 38 June 24, 2003 MR. YOV ANOVICH: Commissioner Halas? COMMISSIONER HALAS: Yes, sir. MR. YOV ANOVICH: Can I suggest a possible solution that I think would also address further phasing of the project that hopefully may help Commissioner Coletta, is -- as staff has already pointed out, it is a future activity center that triggers the ability to get an additional up to three units. If we were to phase this to where we couldn't have our density bonus until after the activity center is approved -- we've already provided for the interconnection, that would be a further reduction and density of one -- about one and a half units an acre, 1.4 units per acre. COMMISSIONER HALAS: What you're talking about -- what Commissioner Coletta -- or excuse me -- Commissioner Coyle recommended, that we -- MR. YOV ANOVICH: He had -- he said bring it down to 375. What I'm saying, we can add one further phasing step, which would be, give us the base of four and that we don't get the bonus until the activity center is there, which would actually bring the project down to 312 -- it would be 200, then maybe 112, then we would still have 63 units out there until -- unless and until the activity center is built. COMMISSIONER HALAS: Then how are we going to address the traffic issue with the other PUDs that may be out there? MR. REISCHL: Just if I could correct one of Mr. Y ovanovich's statements. It's not a future activity center. It is -- it is an activity center. MR. YOV ANOVICH: I'm sorry. MR. REISCHL: It' not constructed, at least in the quadrant, on the -- on the west -- southwest quadrant of the activity center, the Publix shopping and the other out parcels are constructed. That was the first corner of the four quadrants of the activity center to be built. COMMISSIONER HALAS: And this is going to be on Page 39 June 24, 2003 Immokalee Road and 951 where it is heavily impacted right now, that whole road section of Immokalee Road? MR. REISCHL: That's where the activity center is, right. All four quadrants of that intersection. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER HALAS: I got to know how many more. Go ahead. COMMISSIONER FIALA: Okay. You're getting into the subj ect I was also going to ask about, and that is, you know, I know that they have the right to have one dwelling unit per acre, which is 78 acres, 78 units. That's -- you have that right now. That's what you -- COMMISSIONER HALAS: Yep. COMMISSIONER FIALA: That's what you own, right, in that MR. YOV ANOVICH: Seventy-eight acres. COMMISSIONER FIALA: Right, 78 acres at one -- and you have the ability right now without coming before us to build 78. MR. REISCHL: It's per five; one dwelling unit per five acres. COMMISSIONER FIALA: Oh, okay. COMMISSIONER HALAS: Four acres -- one dwelling -- or four dwelling units per acre? MR. REISCHL: Today under agricultural zoning, one dwelling unit per five acres. COMMISSIONER FIALA: Okay. I'm just reading in my summary finding, and it says, one dwelling unit per acre. So I'm sorry, I'm reading erroneously then if -- wrong information provided. My biggest concern is that -- my biggest concern is these activity centers. I don't know how they came about being that we could now load a bunch of traffic into activity centers and break the back of the roads that are around there, but I think -- I'd like to say that we need to be addressing this at -- at some, not future point, but Page 40 June 24, 2003 very quickly. I don't know how wise we are in doing -- in increasing the density in these activity centers so that then the roads -- MR. MUDD: Commissioner, let Stan give you a little background why you have activity centers, okay? And they just did a Golden Gate Master Plan, and this kind of links to it, where folks basically said they didn't want to have commercial on every street corner every time there was an intersection. They wanted to have it in designated locations. COMMISSIONER FIALA: I understand that. I just don't understand why we have to pack a bunch of extra dwelling units in one area around that area. I don't know why -- how do people that own land around there get the privilege of packing in extra density because they happen to be located close to an activity center? But anyway -- and we can talk about that, and I want to do that soon. But what I'm concerned with also is, what impacts this many dwelling units are going to have on a road that hasn't been improved yet, or even when it does become improved. COMMISSIONER HALAS: Also, the question is, how many other PUDs are in this vicinity located on this road that are going to impact this that are going to come before -- to the Planning Commission or before the county commissioners in the near future. CHAIRMAN HENNING: Mr. Litsinger? MR. LITSINGER: Yes, Mr. Chairman. Very briefly, relative to the impact of the PUDs that are in process of -- for instance, you have Heritage Bay, which you've already approved that rezoning, and the development order will be coming to you next month which will impact this intersection. I would take you back to 1989. The county sensed that we had a tremendous amount of strip commercial development in the county. We did a very extensive zoning reevaluation. We did not down-zone a number of properties that were commercial; however, the concept of the mixed use activity center evolved as a way to Page 41 June 24, 2003 focus commercial activity and traffic, yes, sir, to focus commercial activity and traffic to the major intersections that are identified on your future land use map with the idea towards the improvement of the transportation network to accommodate those activities. Now, I do know -- and Mr. Feder will correct me -- that we do have the program improvements to both 951 and to Immokalee Road within the window of our facilities planning perspective and how we measure impact on facilities when we evaluate PUDs, and this PUD meets that test. Here again, the issue is policy . Your current policy is mixed use activity centers. We have been building on that basis with the density bonuses. And in most cases, we haven't seen a lot of mixed use development in these activity centers. Hopefully we will see more of it in this particular activity center because it is evolving. But yes, it's policy that's been there for 10 years, and we have been building, and the county has been evolving with activity relative to commercial and density of residential in these density bands as process and policy . You can change that policy, we can amend the compo plan, but that is what you have before you today. COMMISSIONER HALAS: I've got one final question, if I can. In that -- maybe Norm Feder can answer this. What is the projected timeline for widening out 951, and what is the projected time line for the completion of Immokalee Road? Because we're going to have a tremendous burden on that intersection of 951 and Immokalee Road. MR. FEDER: Yes, sir. For the record, Norman Feder. First of all, the schedule for 951 from Immokalee down to Golden Gate Boulevard is to start construction the beginning of the calendar year 2005, completion by the end of the fall or the end of 2006, as I mentioned previously. On Immokalee Road, I hope to have a permit very shortly. I Page 42 June 24, 2003 went on vacation, it was supposed to be back. Didn't answer the phone yesterday. Hopefully we'll answer the phone today. So if I have a permit, we'll be moving on the widening of Immokalee from 951 further out fairly soon. But we do need to come back. We have some issues relative to 1-75 to 951 to go six lane on that section of Immokalee that probably should have been done in the very first place. So in answer to your question, we've got 951 programmed, completion the end of 2006. We have the construction set to go very shortly on about a three-and-a-half-year schedule from 951 on out to 43rd, at least to four, and possibly coming back to this board to go six at the outset, and then we do not have scheduled at this time going from four to six on the section from 1-75 to 951. I will add also to your conversation, and I think Stan is right, the process that you have today is evolved and is in your Land Development Code. Those issues are probably going beyond the exact discussion that -- which expansion on this proj ect. But I think it is important to note that these activity centers did very well in eliminating the idea of strip mall development, which is a lot of what their design was years back. But, unfortunately, what they didn't do was promote mixed use development, which I think is the reason for this attribute within one mile. And so, therefore, you haven't necessarily encouraged what was the basis maybe for this, but it's in the Land Development Code and exists there today. And the other thing is, unfortunately what we did do is we promoted these activity centers at our major intersections, which is the highest volume, and most -- our capacity level on the limited arterial system. Rather than having the Naples Boulevard back frontage and encouraging that for access to the development at the intersections, we established within a quarter mile, the open signal situation from the signalized intersections and those delays. Page 43 June 24, 2003 So I think we have some issues to look at in our Land Development Code. I think that's part of what I heard raised today. But that does exist in our Land Development Code today. And I hope I've answered your question. CHAIRMAN HENNING: Commissioner, before I go to Commissioner Coletta, then Commissioner Coyle, I'd like to say that the community character plan calls for -- incentivize that mixed use within the activity centers. So that is -- that is coming forward. But, you know, folks, we got the rules that we have today under the Growth Management Plan and Land Development Code. We just amended our Land Development Code to remove that three-year window when that capital improvement, in this case 951, could be built. We removed that. And what we have -- no, we did not remove that? Okay. COMMISSIONER COYLE: DCA didn't approve it yet. MR. MUDD: The DCA wouldn't let us remove it. We're bringing it back in the fall after -- Norm's doing the vesting issue right now. We're coming back with the change in the fall to get real time concurrency within one year and get back with DCA, but we had to have this year in order to collect the data for vesting. CHAIRMAN HENNING: And if we remember the checkbook concurrency, that Mr. Feder has informed us a number of times, is under construction. That's when you come forward. So, you know, if we don't like the rules, let's change them again. If we don't like the rules, let's change them again. And if we want affordable housing in Collier County, what the development is proposing, then let's provide the tools for affordable housing. If we don't want affordable housing -- right across the street in Pebblebrook, the homes are going for 300 and up. So if we want that, let's encourage it by reducing the density, okay? And I think it's -- what we are trying to do is provide that work Page 44 June 24, 2003 force housing, and -- and if we are have an interconnection to that future activity center, that will be built. The activity center -- the commercial is going to be built after the people are there, and then the commercial service will come thereafter. Right across the street there's a super Publix or something like that. It's a great store, so -- I just -- I hope that we try to play by the rules and be equal to everybody. Commissioner Coletta? COMMISSIONER COLETTA: Yeah, play by the rules, be equal to everyone, you're absolutely correct. We hear a lot of issues coming up that have nothing to do with this. Concurrency is what we're talking about. And if we're going to say, okay, this is another exception for it, we are no different than what's been taking place in this county for the last 30 years. We have to take a firm stand on this. And I'll make a motion at this point in time that we approve this proj ect with the original recommendations of the Planning Commission that is subj ect to the PU (sic) document, to being approved that they -- excuse me. No Certificate of Occupancy be issued until Collier Boulevard is operating at a width of six lanes. Then we meet the needs of the public that's there now, the public that's going to come. What's the rush? CHAIRMAN HENNING: Commissioner Coletta, we haven't closed the public hearing yet. COMMISSIONER COLETTA: Okay. Then-- CHAIRMAN HENNING: Do you mind if other commissioners have some input on this, or you -- COMMISSIONER COLETTA: Well, no. I'm sure I don't, Commissioner Henning, and your arrogant attitude is starting to weigh upon me. I've been ignored several times when I raised my hand first, and now you're trying to take this opportunity as the chair to belittle the statements I'm making. I do not appreciate it. Page 45 June 24, 2003 CHAIRMAN HENNING: Does anybody want Commissioner Coletta to go first from now on on all these items here on -- COMMISSIONER COLETTA: That's not what I said, Commissioner Henning, and I -- CHAIRMAN HENNING: You're always being recognized from the chair. COMMISSIONER COLETTA: I am not, Commissioner Henning, and if you watch the tapes, you'll be able to see that I've been ignored several times during this meeting and other meetings, too, when my hand was the first one up. And I'll let the matter rest at that. CHAIRMAN HENNING: Okay. Great. I'm glad. Commissioner Coyle, would you like to share something? COMMISSIONER COYLE: Yeah. Thank you very much. You know, this -- this is an issue about what the law permits. It's not an issue about what we would like to have. Now, the staff recommended approval of this proj ect to both the CCPC, and you're recommending approval to us. Why did you do that? MR. REISCHL: It met the criteria established in the Land Development Code and the Growth Management Plan, which is what we follow . You have the ultimate interpretation of those, and that's why we bring it before you. It's not just an administrative process. COMMISSIONER COYLE: But in your opinion, did it meet at __ at the level of 500 units for this development, at the time you evaluated the traffic study, did you determine that that met the current requirements? MR. REISCHL: Yes. Transportation services analyzed it, and you see there's a long list of transportation stipulations in the PUD. So subj ect to those stipulations, yes, they -- their analysis. showed that it met the concurrency. COMMISSIONER COYLE: And would reducing it from 500 Page 46 June 24, 2003 to 375 make that better? MR. REISCHL: Better, traffic? COMMISSIONER COYLE: Make it -- yeah, improve the traffic situation. MR. REISCHL: Yes, from the 500, yes. COMMISSIONER COYLE: Would phasing it make it better? MR. REISCHL: Yes. COMMISSIONER COYLE: So my point here is that I think we would all like to apply the concurrency rules that we agreed upon some time ago and we submitted to DCA. Unfortunately, those have not all become law, so we can't legally enforce them. So what I have tried to do is to find a way through the PUD negotiation process to get us where we want to be without sitting here and violating our existing laws. This is a quasijudicial hearing. We are obligated to follow the law. And if we don't like the law, we should change it, as Commissioner Henning has suggested. And I think some important points have been brought up here today, and I think we should -- we should concentrate on that. But it is -- it is, in my opinion, it is patently unfair, and, in fact, I believe illegal to try to apply law which does not exist and to try to make these decisions on the fly. There are some good reasons for having the density bonuses in these activity centers or adjacent to them. And we cannot ever demand that the commercial part be built before the residential part because that's not the way these things -- what happens is a commercial development comes in once the people are there. And so what we can do is zone these things in a way that encourages the kind of development we like. And one other -- other point, I would suggest to you that this is really no different than the concept that we applied when we said -- when we said that rural villages were the way to develop things in the eastern part of the county, because that way we -- we concentrate the density in a Page 47 June 24, 2003 smaller area, stopping urban sprawl and hopefully encouraging the development of commercial areas, which then will attract the traffic and keep the traffic from spreading all over the county. So bottom line is, I think that we have to apply the law, and if the law says that this -- this development is not acceptable, then I'll vote against it. If the law says it is acceptable, I don't have many choices except to try to negotiate during the PUD process to get it where I would like for it to be. And so I need -- need somebody to tell me, legal staff, does this PUD meet the requirements of our current law? CHAIRMAN HENNING: Ms. Student? MS. STUDENT: For the record, Marjorie Student, assistant county attorney. As the PUD is proposed, based on the information that's been provided to me by planning staff as proposed, it meets the -- it's consistent with the compo plan and meets legal requirements. COMMISSIONER COYLE: And is that based upon the 500 units for this development? Is that statement based upon the 500 units? MS. STUDENT: Yeah, that original submittal. MR. REISCHL: Yes. MS. STUDENT: Based on the information provided me by staff, it meets the comprehensive plan. COMMISSIONER COYLE: So here's my bottom line. I would -- I would rather -- rather approve 375 units than make -- have -- take the risk of having this thing go back through the CCPC and them get an approval for 450 or 500 units because it meets the requirements of the law. COMMISSIONER FIALA: Well, wait a minute. Let me just ask this question. CHAIRMAN HENNING: Wait a minute, wait a minute. Commissioner Coletta, did you have your hand up? Page 48 June 24, 2003 COMMISSIONER COLETTA: No, go ahead, whoever's next. I just want to be recognized in order, Commissioner Henning. That's all I've -- COMMISSIONER FIALA: I just wanted to ask Margie the very same thing. Do they have the right to because of the law, or do they have the right to ask? MS. STUDENT: They have the right to ask for-- COMMISSIONER FIALA: Right, okay. MS. STUDENT: -- up to that amount. COMMISSIONER FIALA: Thank you. MS. STUDENT: So if they ask for -- and it can be less than that as well, but the compo plan -- the density bonuses are not an absolute. You can ask for up to that. And if the board were to -- were, not that you have to, but if the board were to approve it, it would be consistent with the plan. But the board could also approve something less than that and be consistent. COMMISSIONER HALAS: It's negotiable, basically, is what you're saying? MS. STUDENT: It's based -- COMMISSIONER COLETTA: Right. MS. STUDENT: Yeah, based on public health, safety, welfare concerns. COMMISSIONER HALAS: Okay. My concern is -- and I'd like to see this get moved on, because I think that we need to address affordable housing in this area. But my big concern -- and I still haven't gotten an answer to that __ and that is, how many other PUDs out there in this general area also fall under this same guideline of seven units per acre because of the additional increase in density bonus that they're given? And the other thing is, that the transportation didn't address yet, I don't think, unless I wasn't listening, and that is, where is the turn-around going to be so that people can make a left-hand turn to Page 49 June 24, 2003 head south after they leave out of this -- out of the area? CHAIRMAN HENNING: No turn -- Commissioner, they don't turn south. COMMISSIONER HALAS: No, but when they turn north, there's going to be a turn-around to head south and also an intersection at 951. So where is this turn-around going to be? CHAIRMAN HENNING: Two questions, and you want to talk about other developments in that area that have seven units per acre, or the density band? COMMISSIONER HALAS: Yes. CHAIRMAN HENNING: One of them is the apartment over there, Laurel Lakes. I'm not sure of their density, but it is -- COMMISSIONER FIALA: I don't know. CHAIRMAN HENNING: Okay. But it is higher than four units per acre. I couldn't tell you the Pebblebrook or Ibis Cove or any of those others. MR. YOV ANOVICH: Commissioner, are you asking existing or proposed? COMMISSIONER HALAS: Proposed. MR. YOV ANOVICH: Proposed, future? COMMISSIONER HALAS: Right. MR. YOV ANOVICH: Okay. COMMISSIONER HALAS: Exactly. MR. YOV ANOVICH: I can tell you there are some properties that might come in, but I can't tell you -- I'm sure they're watching as to what's happening, but -- COMMISSIONER HALAS: Well-- MR. YOV ANOVICH: There's a project known as Outdoor Resorts, that's within the density band, that could be coming in. And then there's a project a little bit further south called -- is it -- it's Bristle Pines is the -- it's not in it? I'm sorry, not Bristle Pines, I misspoke. That's Nicaea Academy, Page 50 June 24, 2003 which is on your agenda. COMMISSIONER HALAS: Yeah. MR. YOV ANOVICH: And Summit Place -- nope. So there's just those two that will be -- you know, have to creatively work out the traffic issues like I think we have. And I -- again, I -- I want to throw that third phase in there that we would not get -- the density be increased due to the density band. If you want to tie that to the completion of 951, that's fine. That would bring our arch down to 312, like I explained to you, until everything is completed. COMMISSIONER HALAS: And then you would have a -- then we're talking 375 units com -- MR. YOV ANOVICH: After-- COMMISSIONER HALAS: At build out. MR. YOV ANOVICH: At build out, but we would be -- we would be at the base density of four until completion. CHAIRMAN HENNING: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Thank you. When it goes back to the law, the way it's being described is that we have no legal ability to be able to refuse this particular development for whatever -- for the proper reasons, which would be health, safety, welfare. Mr. Weigel or Mrs. Student, whoever, would you comment on that? Do we have the right to be able to require them to follow the original part -- the original recommendations in the Planning Commission, that they have the PUD -- the PUD would not be issued until six-Ianing of951, or would that be an illegal act on our part as the board? MS. STUDENT: It's my understanding in talking over the transportation ramifications with Mr. Feder and Mr. Litsinger, that that's not an issue with the camp. plan, so -- and that doing the PUD Page 51 June 24, 2003 rezoning phase -- you know, the other things are negotiable. I do understand from staff that they have a possible issue -- and maybe Ms. Murray would want to address that -- concerning tying it to the Certificate of Occupancy issuance rather than building permit issuance, and that there may be a better point in time to do that. She may wish to address that. But as I said, as I understand from discussing this with staff, there's no legal impediment. COMMISSIONER COLETTA: So it's not illegal? MR. WEIGEL: If I may, for clarification. The question that we're addressing right now, Marjorie, is, in effect, is the CCPC recommendation consistent with the compo plan and the Land Development Code. And you had mentioned that there is not a problem, but I want to make sure that the record reflects that you're addressing the question regarding the CCPC direction and not -- MS. STUDENT: Yes. MR. WEIGEL: -- merely that which has been submitted by the petitioner -- MS. STUDENT: No. I'm addressing the CCPC question. This is based on discussions I've had with Mr. Feder and Mr. Litsinger and our concurrency management system in the compo plan. CHAIRMAN HENNING: Mr. Reischl? MR. REISCHL: If I can just clarify that. Our concern was that when you issue a building permit to somebody, we think they have a reasonable right to expect that if they do everything according to the building code, meet setbacks, that they should get a Certificate of Occupancy. We think it may be more appropriate to limit building permits rather than say, here, you can build this, but you can't move in until something happens that's not under your control. COMMISSIONER COLETTA: I questioned that very language myself. Since they went in that direction, I was following it. And I would be -- I would be very agreeable to issuing the Page 52 June 24, 2003 building permits rather than -- it doesn't make any sense. Why would you want to tie up the new owner. When the developer's all done, he sells the prop -- sells it, pre-sells it to the new homeowner. At that point in time, they're going to have to carry the burden of it while the developer walks. MR. REISCHL: They can't move in. COMMISSIONER COLETTA: Yeah, they can't move in. It doesn't make any sense. I would tie it with the permits. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: No. I'd like to hear what Susan Murray has to say if she's going to -- going to have anything to say about that. And then let me ask a question, if you don't mind. CHAIRMAN HENNING: Is that okay, Commissioner Coletta? COMMISSIONER HALAS: I'd also like to get an answer from transportation about the turn-around. MS. MURRAY: Good afternoon -- or good morning, Susan Murray, current planning manager. I think Fred clearly stated what I wanted to say. And our whole concern is that if you were -- if you decide to make a recommendation to hold the issuance of Certificates of Occupancy until the land -- the road is six -laned and operational, we have a concern and would request that maybe that be tailored back to the building -- the issuance of the building permit and not a CO. Because the -- as Fred stated, the applicant has an expectation that if the county's going to issue a building permit, that they're also going to issue a CO, and we wouldn't be able to fulfill that. COMMISSIONER COLETTA: And I would even be agreeable to having that take place at the time that they start the building of 951. At that point in time, I think the local residents would be able to see that everything is falling together in one place, that we're not trying to jump the gun by allowing a development to go in. Even if it's phased in, it's still going to have an impact. Page 53 June 24, 2003 We're just talking about a period of time, and that time is the crucial element. People are going to suffer when -- until that six-laning's done. Also, too, the road's going to be torn up, it's going to be quite a mess. The construction taking place in there will be bad enough. But we could make that concession, and they would be able to get a little bit of a jump on it so by the time the road's done, they're ready to go ahead with their CO of their property. In other words, tie the building permits into the start of construction to 951. CHAIRMAN HENNING: Mr. Joe Schmitt. MR. SCHMITT: Good morning, Commissioners. For the record, Joe Schmitt, administrator of Community Development, Environmental Services. If I could beg the indulgence of the board a minute to bring you back in perspective. We did pass, this past -- well, past winter, we passed LDC amendment 3.15 that does exactly that, that you have to have either -- well, you get capacity verified by the transportation administrator if there's capacity on 951, at the issuance of local development order. Local development order being a final subdivision plat, in this case would be a final plat. Until that time, until capacity is deemed adequate on 951, and if it's deemed adequate, then they would be able to draw their building permits. We already have that system in place, and we're going through the second phase. As Mr. Mudd pointed out, we'll be coming back, hopefully in the fall, with the second phase of the concurrency amendment. So if we're looking at going back to issuing a building permit, we have a system in place right now to do that. And I would defer to the administrator -- transportation administrator if he wants to talk about capacity on 951. And it is going fast. We have -- we have competing demands. Tuscany, we have Nicaea will be coming in, and we also have Page 54 June 24, 2003 another one going across the street. Commissioner Henning, you know there's an issue regarding the fire station that's going to be built along that area of 951 as well. So if the board wants to fall back, it needs to think about where we are now with the concurrency amendment that gives us the tools to do exactly what you're looking to do. I just caution the board that we're kind of creating legislation here this morning -- CHAIRMAN HENNING: Yep. MR. SCHMITT: -- for a specific PUD when, in fact, we already have the tools and we're trying to lock those tools down even more as we bring back more of the LDC amendments in the fall. CHAIRMAN HENNING: You got it. Amen. COMMISSIONER COYLE: Can I -- CHAIRMAN HENNING: Commissioner Coyle, please, and then -- COMMISSIONER COYLE: Yeah. I think that's exactly the point, we have a procedure to deal with this. You have made the determination that this proposal is consistent with that procedure. If we make a determination that -- that you are not correct, it seems to me we have to be able to cite the code that you're violating in making that assessment or the error that you've made in the traffic assessment. You can't just do it because it doesn't feel right. So I -- as I 'said before, I am not going to advocate for this, but I will advocate for a fair application of our rules. Now, let me tell you why I think it's better to get 375 units now rather than get 450 units later. That reduction is permanent. Yes, it would be good to have some relief during the interim by not having quite so many units there, but you're ultimately going to have 450 under one circumstance, possibly, because they're -- they're entitled to ask for that amount, and, in fact, the CCPC did approve 450. So the proposal to give them 450 but hold back on the permitting doesn't do anything for the ultimate reduction of density, Page 55 June 24, 2003 but cutting it to 375 provides a permanent ultimate reduction in density that will benefit us on 951 for the rest of our lives, okay, because it won't have so much traffic there. There is a process to evaluate the cumulative effects of all of these developments on the road. So as each one of these developments come forward, we're going to throttle that thing down, and at some point in time you will reach the conclusion where the next development doesn't meet the traffic cutoff requirements and it can't be approved according to our established procedures. This particular development hasn't reached that point yet. But I would -- the final point I'd like to make is that if we do tie this to something like not issuing a permit until the road is completed, let me ask you what happens if we decide we don't want to build the road, we approve this project with an appropriate date? Let's suppose we say you can start building on November of'05, and then let's suppose in November of '05 we say, I'm sorry, we're not going to start this until November of '07, so now you wait for November of '07 before you can build. Now, you've already got your money inv -- invested in the proj ect, you've got your financing established. That really isn't a very business-like way for government to work. COMMISSIONER HALAS: Nope. COMMISSIONER Coyle: Now, if you -- if we could give them some time certain and say, you can't do it before such and such a date, and if we fail to carry out our end of the bargain, then you can go ahead anyway, but you can't just string people along and keep changing dates without justification. CHAIRMAN HENNING: Okay. I think at this time it's proper to take a break and give our court reporter an eight-minute break; is that fine? Thanks. We're in recess. (A recess was taken.) CHAIRMAN HENNING: Board of Commissioners are now in Page 56 June 24, 2003 sessIon. Commissioner Fiala had a question, and if we go to Mr. Y ovanovich first, then Commissioner Fiala, when she comes back, we'll go to her. MR. YOV ANOVICH: I just wanted to briefly, you know, remind the commission that we're still subj ect to whatever changes you make to your concurrency management statutes, ordinances, even though we get a PUD approved. So if you do make a change, we're subject to it, so we're not -- you know, that will be a further factor in our process. And just if I -- if it wasn't clear, the -- what Commissioner Coy Ie had suggested at the 375 and the phasing schedule he suggested, my client will agree to. CHAIRMAN HENNING: Before I go to Commissioner Fiala, Commissioner Coletta, did you have anything else? COMMISSIONER COLETTA: I haven't raised my hand yet. Thank you for recognizing me though even though I didn't raise it. CHAIRMAN HENNING: Commissioner Fiala, you had a question. COMMISSIONER FIALA: Yes. You were just saying phased in would be good for you? MR. YOV ANOVICH: Consistent with what Mr. Coyle said, yes. That phasing schedule will work -- will be fine. COMMISSIONER FIALA: Of course, we're all concerned now with the impact on the -- on the roadways. And, of course, when you do begin building, there's -- we're not talking about the people who are living in them, we're talking about all the construction equipment going in, so that's why -- MR. YOV ANOVICH: Sure. COMMISSIONER FIALA: -- this phase-in is terribly important. I just wanted to -- we've referred to not affordable housing -- or Page 57 June 24, 2003 we've referred to affordable, that really doesn't qualify for affordable housing, so I just wanted to say -- MR. YOV ANOVICH: No, and it was never -- COMMISSIONER FIALA: -- anything above 150 doesn't qualify for work force. I just wanted to mention that. And you are going to then agree to the reduced number of units to 375, you say, plus -- MR. YOV ANOVICH: Correct. COMMISSIONER FIALA: -- a phased-in -- and this works out with our transportation department; is that correct? (No response.) COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah. Are you going to get your question answered by -- COMMISSIONER FIALA: Yeah, he -- yeah. Norm was just coming up. I just wanted to make sure that, you know, we're being fair in this entire situation. MR. FEDER: Commissioner, yes, it's consistent with the Land Development Code and growth management as it exists today. Again, as was noted, while we made some very significant revisions, we do still have the provision that if it's in the first three years of our work program, that that capacity can be utilized in consideration and concurrency and with the project program to be let. Second year of the program, that capacity's utilized in evaluation of this and other proj ects in the area. COMMISSIONER FIALA: Well, will the phase-in that they're MR. FEDER: That will help us -- COMMISSIONER FIALA: -- speaking of -- MR. FEDER: That will help us -- COMMISSIONER FIALA: -- will that work with you? Page 58 June 24, 2003 MR. FEDER: -- yes. That will help. COMMISSIONER FIALA: That is acceptable to you or -- MR. FEDER: Yes. The reduced -- the reduced density and the phase-in are definitely an assist as we try to get the facility developed and online to meet the needs of the area. COMMISSIONER FIALA: Okay. Thank you. MR. YOV ANOVICH: Two other things. I think Norm asked me if I would make the porkchop prior to construction, which we can do. And I guess what I need to do is, we have five models, our sales center and our construction trailer that we would like to be able to have open, CO'd by June, essentially, and have those -- and then units for actual occupancy would be consistent with the phasing schedule. COMMISSIONER COYLE: After the -- phased after that? MR. yaV ANOVICH: Right. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Could I -- I'd just like to make one point of clarification, Norm, so that the public understands what's happening here with the concurrency plan. We prepared a concurrency plan and we said that we didn't want anything approved unless there was adequate public facilities, that is roads, water, and sewer available. And we proposed a one-year construction schedule; in other words, if it wasn't planned within one year, it didn't get approved. MR. FEDER: Correct. COMMISSIONER COYLE: We sent that to the Department of Community Affairs in Tallahassee who has to approve any changes to our Growth Management Plan. They approved most of everything we sent to them with the exception of that, and they required that we continue to use the state guidelines of three years. None of us liked three years. The three years is a recipe for disaster in my opinion. So what we did at the recommendation of staff to provide us Page 59 June 24, 2003 interim relief is we moved the collection of impact fees from the point when you apply for a permit to the point when you have a final -- a site plan. MR. FEDER: Final -- yep. COMMISSIONER COYLE: And since the site -- it takes about three to three and a half years -- COMMISSIONER FIALA: Fifty percent. COMMISSIONER COYLE: -- from a site plan -- yeah, 50 percent of the impact fee. Since it takes about three to three and a half years to move from a site plan to CO, that gives us three, three and a half years to build the infrastructure, and we've got part of that money in our pockets for the entire period of time. So we found a way to work it out so that we could circumvent the three-year rule. MR. FEDER: Correct. COMMISSIONER COYLE: Now, that's just a point of clarification I wanted everybody to understand. We're going now at this fall cycle to try to justify, again, to DCA why we want the one-year rule, and we're going to keep fighting on that until it's done. Now, having said that, I want to make sure that I -- I understand how this will apply to this proj ect. As Mr. Y ovanovich has said, he will be -- he will be subject to all of the provisions of our concurrency plan no matter what we do here today with respect to the issuance of permits. MR. FEDER: Correct. COMMISSIONER COYLE: And if you make a determination that the adequate public facilities are not available, no matter what we say here today, he can't pull a permit; is that true? MR. FEDER: That's correct, but unless the provisions have changed, we would have to utilize that plan. COMMISSIONER COYLE: The three -- you would have to utilize the three-year rule? MR. FEDER: That's correct. Page 60 June 24, 2003 COMMISSIONER COYLE: But the point is, you're still using the law. MR. FEDER: Correct. And if it changes as we're trying to pursue a DCA, he'd have to respond to that. COMMISSIONER COYLE: That's right. MR. FEDER: Ifhe's not approved before then. COMMISSIONER COYLE: And if we're successful in getting this thing approved for the one-year -- he becomes subject to the one-year -- MR. FEDER: That's correct. COMMISSIONER COYLE: -- rule, and he still can't pull a permit unless he meets those concurrency requirements, no matter what phasing we -- we agree upon today. MR. FEDER: He must meet the law in effect at that time -- COMMISSIONER COYLE: Yes, yes. MR. FEDER: -- that's correct. COMMISSIONER COYLE: Okay, okay. CHAIRMAN HENNING: Okay. Any further questions? Commission Coletta? COMMISSIONER COLETTA: Mr. Feder? Sorry, I should have spoke a little sooner. MR. FEDER: Excuse me. COMMISSIONER COLETTA: Just to make sure I understand something. We're talking about concurrency and when the demands of it would come up. Am I correct that this particular item, if we left it alone, if we were to do nothing, they could still build there according to the law, they could build one home per five acres? They're not guaranteed anything past that point until we grant them that permission; is that correct? MR. FEDER: You're correct in the sense that PUD is a rezoning and that is a decision of this board, that's correct. Page 61 June 24, 2003 COMMISSIONER COLETTA: Right. And we have the latitude to be able to define what the conditions are. Just as Planning Commission makes recommendations to us, we also come up with different ways and we try to -- we bargain on behalf of the people we represent, the public out there that are driving these roads daily. We also realize the fact that, you know, eventually there will be a development in there. We also know that 951 is going to be six-Ianed. And I think it's admirable that we're coming up with a plan that it's phasing everything in. My whole concern is, and Commissioner Coyle met it, was the fact that we can't give any guarantees the road will be built; however, we have to give a guarantee to the builder that if the roads are built or not, he can still build. I don't see where the public good is being served by that, number one. Number two, it's going to take a super majority for this to pass this board. We need four out of five commissioners, and that's not by just pure guesswork that we put it together like that. It's because this is a very, very serious issue. It takes a lot of consideration. The laws you are bound by, if you find that you're going to require them to be concurrent before they start, you heard your county attorney say he can support you. Now, we can redefine the laws, we can talk about density, we can talk about a whole bunch of issues. When this gets down to everything, remember one thing, it's concurrency that we're talking about. And we keep preaching about concurrency. Now, we have a checkbook plan out there for the roads that has got a good start. And, man, I tell you, we've put a lot of work into it, and we got knocked down by the Community Affairs Department. We're behind the eightball on it, and we still don't have a plan. So it's the ultimate responsibility of the elected officials on this board to be able to come up with a correct way that we're going to Page 62 June 24, 2003 go. And that's why I have serious concerns about where we're heading with this. This road is severely impacted now. It's going to be even more severely impacted. We're talking about a time frame that we could manage to do that would -- to get these people at the time the road started construction so that both of them come together at the same time. That's the only thing I'm suggestion (sic) -- suggesting at this time. CHAIRMAN HENNING: Okay. Any more discussion before we close the public hearing? (N 0 response.) CHAIRMAN HENNING: Close the public hearing. Entertain a motion. COMMISSIONER COLETTA: I'll make a motion that we approve this project subject to the plans of the Planning Commission, only instead of Certificate of Occupancy, to be tied into permits, and that those permits would be issued at the time of the start of construction of 951. COMMISSIONER HALAS: With the density added of 375? COMMISSIONER COLETTA: I'm sorry. I can't hear you. COMMISSIONER HALAS: Also that -- the density at 375 -- COMMISSIONER COLETTA: That's correct. COMMISSIONER HALAS: I'll second that. CHAIRMAN HENNING: Second that. Discussion? I'd much rather send this back to the Planning Commission. They seem to have the ability to clean some stuff up before it comes to the county commission, and I'm not sure if we're doing the legal thing by -- COMMISSIONER COLETTA: If I may? CHAIRMAN HENNING: -- on the motion. COMMISSIONER COLETTA: I'll withdraw my motion and defer to Commissioner Henning if you'd like to defer it back to the Planning Commission. I do believe in due process. Page 63 June 24, 2003 CHAIRMAN HENNING: Mrs. Student, would you chime in here on that original motion? MS. STUDENT: Yes, sir. I was just going to say that the information and opinion that I gave was predicated upon the developer, or whoever the applicant is, agreeing to that condition. One of the concerns that I would have if they were not to agree would be that we were doing a -- sort of de facto moratorium up here without going through the appropriate processes. And my opinion was predicated upon the agreement of the applicant or property owner, so I just wanted to put that on the record. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah. That is exactly the point. We're flying by the seat of our pants here doing these things, and I -- I would like to go ahead and make this motion to remand it back to the CCPC and get this -- get this issue resolved at that level and then get their recommendations -- COMMISSIONER COLETTA: Second. COMMISSIONER COYLE: -- because -- because they seem to be somewhat -- well, they don't have the current information now. MR. YOV ANOVICH: Is that for the July Planning Commission meeting? COMMISSIONER COYLE: The next one, whenever that is. COMMISSIONER HALAS: 17th of July. MR. REISCHL: I believe that's already advertised. Would we have to readvertise this if interested parties have all been notified of this hearing? MR. WEIGEL: If you're talking, Fred, about that there is an agenda that's already been advertised for it, or this -- MR. REISCHL: The newspaper ads. MR. WEIGEL: Yeah. We would need to -- we would need to have the advertised -- this one would have to make it into a timely advertisement for the next meeting. Page 64 June 24, 2003 If the board so directs, they can direct staff to advertise it for the next legally available meeting so that it may be the next meeting or it may be the following meeting of the CCPC, but the direction here would be that it's potentially the very next meeting of the CCPC. And the date of that meeting, Fred, if you have that handy. MR. REISCHL: 17th of July, I believe, has already been advertised. It would be August 23rd. MR. WEIGEL: Okay. For certainty -- for certainty, we may wish to ask and, for the record, if Mr. Yovanovich on behalf of petitioner, has a preference of agenda, if we can meet the July 17th agenda by an additional advertisement or not, or in a standard advertisement form for the following planning commission meeting. MR. YOV ANOVICH: Let's -- I'd rather do this slow and right, so if we can shoot for the Ju -- I'm sorry, the August Planning Commission meeting, I think that's probably the safest course. CHAIRMAN HENNING: Okay. MR. YOV ANOVICH: We've got to change our signs on our property to -- change the dates, we'll have to do that. MR. WEIGEL: I appreciate that very much, Mr. Y ovanovich. CHAIRMAN HENNING: Any further discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saYIng aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Page 65 June 24, 2003 Thank you. Item #8C ORDINANCE 2003-34 EXTENDING THE ADDITIONAL NINTH Next item is 8(E), asking the board to approve an ordinance extending the additional five-cent (sic) local option gas tax. COMMISSIONER COYLE: Motion to approve. CHAIRMAN HENNING: I'll second the motion. Any discussion? MR. MUDD: Commissioner, just one point. We've brought this to the board at least three times prior to talk about this particular action. We -- you made -- you made -- we brought it to you the first time, you told us to go back and take a look at it because they were talking about a 30-year extension. This one is just a 2025 for each one. Based on that analysis, we came back and told you that, and then we came back and told you at the last meeting that we were going to come back and do this, so I just want to make sure, for the record, you've seen this at least three times and has been noticed at least three times at prior meetings. COMMISSIONER COYLE: Is this the last time you're going to tell us? I hope. MR. SMYKOWSKI: Yes, sir. COMMISSIONER COYLE: Good. Thank you. COMMISSIONER HALAS: Are we voting on 8(E) or 8(C)? CHAIRMAN HENNING: C. COMMISSIONER HALAS: As in cat, okay. I make a motion we approve this. CHAIRMAN HENNING: Well, there's already a motion on the floor. I did get ahead of myself. Page 66 June 24, 2003 And Commissioner Coyle, the motion is, approve the ordinance extending the ninth-cent (sic) local option gas tax. COMMISSIONER COYLE: Yes. CHAIRMAN HENNING: And that's -- COMMISSIONER COYLE: 8 Charlie. CHAIRMAN HENNING: Yep. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, unanimously. Item #8D ORDINANCE 2003-35 EXTENDING THE ADDITIONAL SIX- Next one is 8(D), the board approve the ordinance extending the additional six-cent local option gas tax. COMMISSIONER HALAS: So move. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Commissioner -- there's a motion by Commissioner Halas, second Commissioner Coyle. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. Page 67 June 24, 2003 COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, unanimously. Item #8E ORDINANCE 2003-36 EXTENDING THE ADDITIONAL FIVE- Next one is 8(E), which -- board approve an ordinance extending the additional five-cent gas tax option. COMMISSIONER FIALA: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Coyle. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, unanimously. MR. SMYKOWSKI: Thank you. Item #8F ORDINANCE 2003-37 TO PROTECT AGAINST HAZARDS FROM SUBSTANDARD CONSTRUCTION IN PUBLIC RIGHT- OF-WAY; PROVIDING PURPOSE AND DEFINITIONS; Page 68 June 24, 2003 ADOPTION OF CONSTRUCTION STANDARDS HANDBOOK; REQUIRING PERMITS; REQUIRING REMOVAL OF OFFENDING MATERIAL FROM RIGHT-OF-WAY; REPEALING ORDINANCE NO. 82-91, AS AMENDED BY ORDINANCE 89- 26, AS AMENDED BY ORDINANCE 93-64; PROVIDING RULE OF CONSTRUCTION OF THIS ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR CHAIRMAN HENNING: Next item is 8(F), approve an ordinance of Collier County, Florida, to protect hazardous -- against hazards from substandard construction in public right-of-way, approving -- provide definition and adoption of construction standards handbook; requiring permits; requiring removal of offending material from the right-of-way, and appealing (sic) ordinance 82-91, as amended by ordinance 89-26, as amended by ordinance 93-64; providing rules for construction of ordinance; providing for conflict and severability; providing for penalties; and providing for effective dates, and I'm going to step out. I have some material in my office I'm going to get, but go ahead and start the discussion. Commissioner Coletta, do you have any questions? COMMISSIONER COLETTA: No-- MR. MUDD: Let me kind of summarize where we've been on this one as Commissioner Henning goes out so that we won't get -- because he's already been. This has been before the board twice. First time it was, get a little bit more stringent upon advertising distances from property owners for any kind of right-of-way construction that was going to be done. The staff went back and affixed a 300- foot dimension upon that. There were some -- there was some conflicts with utility Page 69 June 24, 2003 companies about, well, if it's just a day project where they're putting a line under a road, do you really need to get everybody in a 300-foot swath all excited because you're going to go in in the morning, fix it, and you'll be out of there right after lunch, and you've fixed the problem. So we had staff go meet with the utility reps. from FP&L and Teco and Alico Op. in order to do that, and Mitch is going to -- Mr. Riley's going to give the board the results of that particular -- and highlight them. And subsequent that -- to that, the chair had some -- some concerns about people doing maintenance in the right-of-way. And we've had staff go take a look at that and draft some language that would be in addition to what you have in the front of your packet. That's as much as I know about this particular issue. Mr. Riley? MR. RILEY: Thank you. COMMISSIONER COYLE: Motion to approve. CHAIRMAN HENNING: We have some public speakers. COMMISSIONER COYLE: Oh, do we? CHAIRMAN HENNING: Sure. MS. FILSON: We have two-- CHAIRMAN HENNING: We can go ahead and vote on that if you want. Why don't we call up the public speakers. MS. FILSON: We have two public speakers. The first one is Buddy Brunker. He will be followed by Sergio Abreu. MR. BRUNKER: My name is Buddy Brunker, public affairs manager with Sprint, and I'm basically going to represent FP&L and Teco as well as Sprint this morning in order to speed up the process. We met with Mr. Kant and Mr. Riley, as well as a representative from the county attorney's office, and have come up with language that we feel we can support at this time. CHAIRMAN HENNING: Thank you, Mr. Brunker. Page 70 June 24, 2003 MR. BRUNKER: So we ask that you approve the ordinance. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: Mr. Sergio -- Sergio Abreu. MR. ABREU: Waive and support. CHAIRMAN HENNING: Thank you. Mr. Riley, can you just tell us the changes to the ordinance in the handbook. MR. RILEY: Be glad to. Mitch Riley, transportation operations, for the record. I have some handout (sic) for you. That handout is in addition to the revisions that you already have. On page two of seven of the ordinance, we've added section four, as Mr. Mudd mentioned, which takes care of the public notification for the utility companies. We have broken it down to three parts. If the installation is underground, we are going to notify the adjacent property owners, and if it's overground, up to 45 feet of height for the poles, they have to notify 100 foot radius, the residents in that vicinity. And if it goes over 45 feet, then it's 300 feet of radius. That's basically what we've done for the public notification. On the handbook itself, the handout that I just gave you, on page four, we've added item number 11 to the heading that's exemptions from permit requirements. So now you have item number 11 is lawn and landscape maintenance, which doesn't require a permit. That's basically the changes that we have made. CHAIRMAN HENNING: Okay. Commissioner Coyle? COMMISSIONER COYLE: My motion still stands. CHAIRMAN HENNING: Okay. COMMISSIONER COLETTA: Second. Page 71 June 24, 2003 COMMISSIONER FIALA: Second that motion. CHAIRMAN HENNING: There's a motion by Commissioner Coyle, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, unanimously. Thank you, Mr. Riley. MR. RILEY: Thank you. Item #9A RESOLUTION 2003-226 DECLARING A VACANCY ON THE CHAIRMAN HENNING: Next item is-- MR. MUDD: 9(A), which is a recommendation to declare a vacancy on the Hispanic Affairs Advisory Board. COMMISSIONER FIALA: So moved. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Coyle. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. Page 72 June 24, 2003 COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (N 0 response.) CHAIRMAN HENNING: Motion carries, unanimously. Item #9B RESOLUTION 2003-227 RE-APPOINTING SOFIA PAGAN AND CARLOS AVILES TO SERVE 4 YEAR TERMS ON THE HISPANIC AFFAIRS ADVISORY BOARD, EXPIRING ON JUNE 2h, 2007 - A D()EIE]) Next item? MR. MUDD: Is 9(B), which is appointment of members to the Hispanic Affairs Advisory Board. COMMISSIONER COYLE: Make a motion we approve the two committee recommendations, Sofia Pagan and Carlos Aviles. COMMISSIONER HALAS: I second it. CHAIRMAN HENNING: Motion by Commissioner Coyle, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, unanimously. MR. MUDD: Next item is 9(C). COMMISSIONER FIALA: Mr. Chairman? CHAIRMAN HENNING: Yes, Commissioner Fiala. Page 73 June 24, 2003 COMMISSIONER FIALA: Mr. Chairman, I'd just like to add, with Sofia Pagon, or Pagon, or whatever, her -- her address differs in three different places on here, and I just wanted to mention that you might -- you know, you might research which of the three is correct. MS. FILSON: Yes, I have. CHAIRMAN HENNING: Maybe she lives at all three. She has a summer house, winter house, fall house. COMMISSIONER FIALA: Could be, could be. That would be nice. Thank you. Item #9C RESOLUTION 2003-228 APPOINTING JON FURY AS THE FWC'S REPRESENTATIVE TO SERVE THE REMAINDER OF FRANK MORELLO'S TERM (EXPIRING ON APRIL 23, 2006) ON THE LAKE TRAFFORD RESTORATION TASK FORCE- AD.OITED MR. MUDD: Next item is 9(C). It's appointment of member to the Lake Trafford Restoration Task Force. COMMISSIONER COLETTA: Question. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Mr. Weigel, I'm a member of this task force. I should excuse myself from the vote on this? MR. WEIGEL: No. COMMISSIONER COLETTA: Okay. Thank you. I make a motion for approval. COMMISSIONER HALAS: I'll second it. CHAIRMAN HENNING: Motion by Commissioner Coletta, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. Page 74 June 24, 2003 COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (N 0 response.) CHAIRMAN HENNING: Motion carries, unanimously. Item #9D A RESOLUTION TO ESTABLISH THE FIRE AND EMERGENCY MEDICAL SERVICES ADVISORY COMMITTEE - CONTINUED FROM THE MAY 27, 2003 BCC MEETING AND IS FURTHER MR. MUDD: Next item is 9(D). The item is continued from the May 27th, 2003, BCC meeting and is further continued to July 29th, 2003, BCC meeting. It's a resolution to establish the fire and emergency medical service advisory committee. The reason for the continuance, the second continuance, is to make sure that the fire districts have ample time to comment upon the ordinance, and a letter was sent out yesterday to each chair of every fire district asking them for their comments by the 14th of July so that we'll have those back in time for the 29th of July board meeting. Item #9E RESOLUTION 2003-229 APPOINTING JAMES PETERKA FROM THE AIRPORT AUTHORITY TO SERVE A TERM ON THE REVENUE COMMISSION (EXPIRING 18 MONTHS AFTER THE FIRST MEETING IMMEDIATELY SUBSEQUENT TO THE Page 75 June 24, 2003 Next item, Commissioner, since this is continued to the 29th, is 9(E), which is an appointment of a member to the Revenue Commission. COMMISSIONER FIALA: I nominate -- or I make a motion to appoint James Peterka to the Airport Authority (sic). COMMISSIONER HALAS: I'll second that. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (N 0 response.) CHAIRMAN HENNING: Motion carries, unanimously. MR. MUDD: Commissioner, I want to make -- for the record, did you say Airport Authority or the Revenue Commission? COMMISSIONER FIALA: Oh, I did say -- I'm already on 9(E). We're not there? MS. FILSON: He's a member -- COMMISSIONER HALAS: He was a member of the airport committee -- MS. FILSON: He's a member of the Airport Authority and he's going to be representing the -- COMMISSIONER FIALA: Serve on the Revenue Commission. I am so sorry. Yes, I'm reading this instead of reading what I'm supposed to. Thank you. Yes, to the Revenue Commission. MR. WEIGEL: Okay. Page 76 June 24, 2003 COMMISSIONER HALAS: And I'll second that. CHAIRMAN HENNING: Yeah, that's a clarification. MR. WEIGEL: Thank you. CHAIRMAN HENNING: Mr. Weigel? MR. WEIGEL: Yeah -- no. Mr. Chairman and County Manager, on 9(D) with the continue -- the continuance, did the board actually vote on the continuance? I think you brought it to their attention to be continued, but was there, in fact, a vote of the board? COMMISSIONER COLETTA: Motion to continue. CHAIRMAN HENNING: That was part of the agenda, that it was continued. MR. WEIGEL: Approved at the beginning of the meeting? COMMISSIONER COYLE: Yes. MR. WEIGEL: Oh, fine. Thank you very much. Appreciate it. CHAIRMAN HENNING: Would you like to withdraw your motion, Commissioner Coletta? COMMISSIONER COLETTA: No, I don't think -- only if you're going to withdraw your second, or whatever. Item #9F RESOLUTION 2003-230 EXTENDING THE TERM OF THE COLLIER COUNTY HEALTH AND HUMAN SERVICES ADVISORY COMMITTEE, AND EXTENDING THE TERM OF MEMBERS OF THE COLLIER COUNTY HEALTH AND CHAIRMAN HENNING: Next one is request to approve the resolution to extend the terms of Collier County Health and Human Services Advisory Committee, extend the terms of the members of Collier County Health and Human Services Advisory Committee. COMMISSIONER HALAS: So move. Page 77 June 24, 2003 COMMISSIONER FIALA: Yes, I -- COMMISSIONER HALAS: Oh. COMMISSIONER FIALA: -- just have a question first, if I may. I didn't mean to jump in on you. COMMISSIONER HALAS: No, that's okay. COMMISSIONER FIALA: Excuse me, Mr. Chairman. I didn't mean to jump in on you either. But the second paragraph under consideration, it says on June 25th (sic), which is two days from now, 2003, the board extended the term for the committee for an additional year, through June 26th of last year, 2002, and I just thought you -- COMMISSIONER HALAS: Three. COMMISSIONER FIALA: Well, it doesn't say that. COMMISSIONER COLETTA: You are good. You are good. COMMISSIONER FIALA: I though maybe you might want to get those right, you know, as far as the dates go. CHAIRMAN HENNING: It should say '02 and then, thereafter '03. COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: I also have some questions on this item. It is to work on the following items, the start-up of primary care facility. What's that? What's the primary start-up care facility? MS. FILSON: I believe this is John Dunnuck's issue, and I don't believe he's in the room. COMMISSIONER COLETTA: I can probably help with that, if you'd like. CHAIRMAN HENNING: Okay. COMMISSIONER COLETTA: Primary care facility would be the clinic that's going to be opened, that is -- that's open in Golden Gate temporarily now and is going to be moving to its permanent quarters. And what they're looking to is to be able to monitor its Page 78 June 24, 2003 success as they go into it over a period of time and offer recommendations to improve upon it if necessary. CHAIRMAN HENNING: Okay. What's the other one, funding issues related to the -- COMMISSIONER COLETTA: Trauma care in Southwest Florida? Yeah, now that's an issue that the committee had been out in front of. And at their suggestions, this commission at one point had committed $700,000, which since then has gone by the wayside because they are seeking funds from other directions; however, Collier County needs to be a player in it. Nothing has been resolved in this particular thing. Maybe not from a funding issue, but to make sure that we have our say, because we have a number of residents in Collier County that depend upon that facility in time of emergency. And since the picture is less than clear, we -- this committee feels that they could offer their assistance as needed. CHAIRMAN HENNING: So we're looking for additional funding for the trauma center? COMMISSIONER COLETTA: No, no, no, we're not. CHAIRMAN HENNING: We dedicated 700,000 to it this year. COMMISSIONER COLETTA: It's never been spent. It's in reserve, from what I understand, probably -- CHAIRMAN HENNING: It has been tapped quite a few times. MR. MUDD: $160,000, I know of right off the top of my head CHAIRMAN HENNING: One sixty? MR. MUDD: -- we've pulled, yes, sir. And that came about about three meetings ago, and Mr. Dunnuck was up here telling you. So we've been into that pot for 160,000. COMMISSIONER COLETTA: In all reality, we have not been consulted or asked to come forward with any funding. They're coming -- they're trying a tax mechanism to go forward; however, I Page 79 June 24, 2003 might mention that by us stepping up to the plate early on, we put a lot of things in motion and gave a lot of people serious consideration over what they were doing. Even though we never spent the money, it was money that was well dedicated at the time. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I -- it appears to me that this particular resolution is duplicating much of which has already been done. The primary care facility has been funded and established. Now, if we're going to have a committee that is going to monitor the effectiveness of it, that's one thing. But to conduct a study to make recommendations regarding the funding of a primary care facility and a trauma center, I think, is going -- is going over some ground that has already been plowed. And the trauma care issue, I understand, has been solved with the state law. We are obligated to pay for our fair share. And as far as I know, we're doing that. They are -- they are submitting to us the cases from Collier County, and we are reimbursing them for those costs. MR. MUDD: Yes, sir. COMMISSIONER COYLE: Now, what is this -- this advisory committee going to do for us with respect to that? The last thing we need is more legislation like was proposed recently in the senate concerning the way this thing is going to be funded. We've got a state law. We are paying our share. What is it they're going to do for us now? COMMISSIONER COLETTA: Well, I think it's a question of just keeping the doors open on the facility. You know, if we could do it without spending any money, I'd say, God bless America, thank you very much, but there's still a question of whether this facility is going to be ongoing, and Collier County needs to be able to react as far as the committee going to show the fact that we do have an Page 80 June 24, 2003 interest from this direction and that we're ready to go forward and be able to report back to this commission as need be. It's a non-settled issue, and you have no other mechanism here at this time that's going to be able to do that. COMMISSIONER COYLE: Well, of course we do. We've got a board of county commissioners. You know, we allocate funding for all sorts of things when people request us to do stuff if we think it's in the best interest of our residents. And I think that if the Lee County Trauma Center wishes us to reimburse them for our fair share, we've been agreeable to doing that, and we've told them that and we, in fact, have been giving them money. So we've -- we've taken the steps necessary to demonstrate a willingness to do what is reasonable for the citizens of Collier County. I really don't see the need for this Health and Human Services Advisory Committee the way it has been described right now. I don't think it's serving the purpose that we're -- COMMISSIONER COLETTA: May I offer a suggestion? CHAIRMAN HENNING: Commissioner Fiala had her hand up first. COMMISSIONER COLETTA: Oh, forgive me. CHAIRMAN HENNING: You can go first if you want. COMMISSIONER COLETTA: No, no. Commissioner Henning, I don't think this is necessary. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER COLETTA: I fail to see the humor in what you're doing. COMMISSIONER FIALA: I was just wondering, we're talking now about extending the terms for one additional year. And John Dunnuck is involved in this. Is there a way we could wait for him to present to us in case there's confusion on our part? COMMISSIONER HALAS: Yeah. Because all this is is just to Page 81 June 24, 2003 extend it, that's how I -- CHAIRMAN HENNING: Right. It takes the -- there's upsides and downsides, in my opinion. The upside is we could look at how government can fund health and human services stuff, and then the other thing -- the downside of it, it takes staff time away. So I guess there's pros and cons, but Commissioner Coletta, I'm sure, will give us the guidance on that. COMMISSIONER COLETTA: Thank you. MR. MUDD: Mr. Chairman, this is -- if I may interject. This is one of the horizon committees that the board set up, and each member decided to chair -- was dedicated to chair a particular horizon committee. This happens to be the horizon committee that Commissioner Coletta was on in order to chair in that process. That committee came forward to staff and said that they needed another year in order to finish their business that they had for charter, and the staff tried to put that down in the executive summary. And I made a statement about 160,000 that was already taken out of the 700,000. And for clarity purposes, I want to state that $160,000 was taken out to increase the budget for trauma because we were paying the claims for HCRA, and we had an increased amount. So we took the 160 out of the 700 to pay those trauma bills to add to our budget. So I just wanted to let you know where that came from. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Thank you. I just wanted to point out that prior to this committee, there was two previous health committees that took on the particular goal and they failed. I mean, they set the groundwork for this committee to come forward. This committee was very diligent in its efforts to be able to move forward, mind you, with great opposition out there, and today we have the benefit of their work out there. They'd like to be able to continue this to make sure that it's going to be continued in future years. Page 82 June 24, 2003 May I suggest that since -- I never expected this to be challenged. I mean, I never heard of a horizon committee being challenged as far as their value or net worth. Could we possibly continue this and give them life until possibly September, one of the first meetings in September, where we can have the members of the horizon committee here to be able to tell you exactly what they see their role to be, and then we can make a decision at that time? COMMISSIONER FIALA: Well, I don't see any reason why we couldn't just -- COMMISSIONER COLETTA: Well, I can't either, but we obviously have two commissioners that do not think it's a good idea to continue a committee that's actually achieved the majority of its goal in a very short period of time. They'd like to pursue the follow-up on it, but I'm trying to accommodate the wishes of the total commISSIon. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Let me -- let me try to focus on my concern here. It says that we want to continue this committee through June 6, 2004, to continue to study and make recommendations regarding the following, the start-up of a primary care facility. It's already been started up. CHAIRMAN HENNING: Right. COMMISSIONER COYLE: Okay. It's already in existence. COMMISSIONER COLETTA: That's their word, not-- COMMISSIONER COYLE: Well, that's what we're operating from is an executive summary that tells us what they want to do. Number two, it says, they want to evaluate funding issues related to the system of trauma care in Southwest Florida. That's already done. There's a state law that requires us to pay our fair share. We're already paying our fair share. What are they going to tell us? Number three, other priority health and human services needs Page 83 June 24, 2003 identified by the Board of County Commissioners. I don't know that we've identified any. Now, I would submit to you that if we identified some other health -- other priority health and human service needs identified by the Board of County Commissioners, then it might be appropriate to extend the committee. But as -- what I see here is not adequate reason to have a committee. So either they haven't updated their work plan or they don't have any ideas about how they're going to deal with this or they just want to -- want to find some ways to get us to donate more money to the trauma center. I don't know what it is. COMMISSIONER COLETTA: That's not it, Commissioner Coy Ie. COMMISSIONER COYLE: Well, they ought to put it down in the executive summary. COMMISSIONER COLETTA: This is the only committee that's been relatively successful so far. They've reached its -- part of its objectives. They would like to be able to continue to make sure that this particular thing goes forward. Regrettably staff cut and pasted from a previous agenda into here. The objectives still remain the same, and it's not to give money to the trauma center. It's to be able to keep a presence in this whole thing as far as Collier County goes, to be able to be sitting on top of the situation to be able to react accordingly, report back to the commISSIon. Now, we can belabor this forever. And if it's the will of this commission to dispose of this particular horizon committee, then so be it. That's what it's going to be. But I'll tell you now, the day's going to come where you're going to have to resurrect one and start all over again, and this one has been successful. Look at the credentials and the names of the people that are on it. You go right down the whole list. It's -- Mr. Morton from the Page 84 June 24, 2003 hospital, you got Epstein from the Cleveland Clinic, Ernie Bretzmann from the United Way. You go right down the whole thing, the school board, the Community Foundation, Mental Health Association. They're all there. You have something that has been extremely effective and now you wish to disband it for reasons that are totally unjustified. They're not costing anything in the way of staff. It's a minimum amount of staff time. The committee does most of the work themselves. And if they're going to do anything over and above what it is here, they'll come back to you for approval. CHAIRMAN HENNING: Commissioner Coyle, then Commissioner Halas. COMMISSIONER COYLE: Okay. I'm going to -- this is the last I'm going to say about this. But I think in addressing -- addressing these issues, we have to deal with fact. This is not the only committee that has ever produced anything. All of the horizon committees have done something good. The Green Space Committee, the Smart Growth Committee, all of those have done something good. Secondly, the state law which we operate under that requires us to reimburse the trauma center is not the result of this committee. This committee had nothing to do with it, quite frankly, and I don't see how they're ever going to influence it. It's a state law. Are they going to change a state law? I haven't asked them to change the state law. They've set up a primary care facility, that's fine. They want to monitor it, then let's put that in their charter and say, you monitor the effectiveness of the primary care facility. The problem here is that what they're going to do isn't clearly spelled out here. And if we're going to have committees, I think we ought to have a very clear charter, not just set up a bunch of people and say, go out and do something for a while. We should have a Page 85 June 24, 2003 very clear charter and we should have an objective. And if they're willing to set those objectives and set up a work plan, then I'd be real happy to take a look at it. COMMISSIONER COLETTA: In that case-- CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: -- I'd make a motion for continuance of this. CHAIRMAN HENNING: Commissioner Halas had -- COMMISSIONER HALAS: Well, I guess the statement here, it says, fiscal impact. There is no direct fiscal impact associated with this item, and I think that covers it. So we're not making any commitment here as far as any type of funds. CHAIRMAN HENNING: Is there any fiscal impact on these horizon committees? MR. MUDD: Commissioner, there is staff that's there, but the folks that are on the -- the citizens that are on the committee that make up the committee basically are there as volunteers. CHAIRMAN HENNING: Is the staff donating their time -- MR. MUDD: No, sir. CHAIRMAN HENNING: -- to be on this committee? So they're being paid to be -- MR. MUDD: Yes, sir. CHAIRMAN HENNING: -- assist the committee. Okay. There's a motion by Commissioner Coletta to postpone this decision until the next meeting, Commissioner? COMMISSIONER COLETTA: Whatever would be appropriate, judging by staff time. I don't want to force it down our throats -- CHAIRMAN HENNING: Just a motion to continue? COMMISSIONER FIALA: Second the motion. CHAIRMAN HENNING: There's a motion by Commissioner -- MS. FILSON: You had one motion on the floor by Page 86 June 24, 2003 Commissioner Halas. COMMISSIONER FIALA: Oh, okay. I'm sorry. COMMISSIONER HALAS: I'm going to have to -- I'll -- COMMISSIONER FIALA: What was your motion? COMMISSIONER HALAS: My motion was to approve this. COMMISSIONER FIALA: Okay. Well, I'll second that one and withdraw my other. COMMISSIONER COLETTA: Okay. Then I withdraw my motions, and we'll come back -- if the committee's approved, we'll come back with a clear work plan for your approval. COMMISSIONER FIALA: Thank you for -- Sue, thank you for CHAIRMAN HENNING: There's a motion by Commissioner Halas to approve 9(A) (sic), second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Aye. Motion carries, 3-2. COMMISSIONER FIALA: Thanks, Sue. Item # lOA PRESENTATION BY THE GREATER NAPLES AREA CHAMBER OF COMMERCE AND THE SOLID WASTE MANAGEMENT DEPARTMENT OF A TWELVE-MONTH PROGRESS REPORT REGARDING THE SUSPENDED ORDINANCE ESTABLISHING A MANDATORY NON- RESIDENTIAL RECYCLING PROGRAM WITHIN THE Page 87 June 24, 2003 UNINCORPORATED AREAS OF COLLIER COUNTY - REPORT E.RESENIE.D CHAIRMAN HENNING: Next item is present (sic) the Board of Commissioners of Collier County by the Greater Naples Area Chamber of Commerce and the Solid Waste Management Department for a twelfth (sic) month progress report regarding the suspended ordinance establishing a mandatory business (sic) recycling program within the unincorporated Collier County. MR. YILMAZ: Good morning, Commissioners. For the record, George Yilmaz, solid waste director. On March 27th, 2001, the Board of County Commissioners directed the staff to develop a mandatory nonresidential recycling ordinance. The department worked to develop the ordinance over a period of about 14 months. During that time the department performed a cost benefit analysis to quantify the financial impact to businesses and discuss the program with business groups and interested citizens. On May 28th, 2002, the department presented the ordinance to the board for adoption. At the time the board voted to postpone adoption of the ordinance opting instead to allow nonresidential recycling to continue on a volunteer basis for 18 months, during which time, at the board's direction, staff was to provide assistance to the Greater Naples Area Chamber of Commerce in developing a marketing and outreach plan to promote business recycling. As a part of the board's direction, staffwas also requested to present updates every six months, including the following benchmarks; one, franchise participation rate; two, county recycling centers utilization rate; and three, nonresidential recycling rate. The board was presented the first interim progress report on January 28th, 2003. We are here today to present the second progress report. Page 88 June 24, 2003 At this juncture I would like to introduce Mike Reagen, president of the Naples Area Chamber of Commerce. He will present the joint progress report before the board. Following Mr. Reagen, Jim DeLony, our public utilities administration, will provide closing remarks. With that, I will turn the presentation over to Mr. Reagen. MR. REAGEN: Good morning, Commissioners. My name is Mike Reagen. I'm the president of the Greater Naples Chamber of Commerce. I want to recognize with me this morning Russell Budd, who's the chairman of the board, of our chamber. Mr. Budd will not be speaking, but his presence here indicates the important (sic) of our positive partnership with the county's recycling effort. It's a pleasure to be here with you and to share with you the second of three reports on the increasing business recycling. As David Weston -- who appeared before you last, our past chair and who is chairing this effort on the chamber's behalf -- said to you last time, I want to compliment your staff. I think they're focused, they're competent, they're working very hard, and we're enjoying a very -- I believe, very positive series of steps forward on voluntary recycling. So I want to commend every one of them to you. They're really quite excellent and we enjoy working with them. You have in the material that's been presented to you a list of 25 completed and ongoing and eight currently projected outreach efforts. And I don't want to review all that material with you, but I'd like to -- just to mention a couple of things that I think are interesting and exciting. While you'll see from your staffs June 6th memo to you that the Solid Waste Department is making a great number of individual site locations to individual businesses, they're literally going out and visiting with businesses, working with them on their -- examining their waste stream and providing them with a number of ideas and suggestions on how they can more appropriately recycle material, our Page 89 June 24, 2003 chamber's efforts in this partnership at the moment are centered on bringing organizations of businesses together. And interestingly, we found several industries where there's no -- no organized association to meet with, and so we're trying to facilitate meetings with those groups of people. For example, industrial parks. Another example would be the banking industry. There's a -- many, many banks, but they don't meet collectively nor have an association with which we can immediately articulate, but we're working on bringing those people together to focus. They're all critically large volume producers. As you're well aware, there's also a very exciting partnership that's spun out and developed with the Collier Building Industry and the Immokalee Friendship House, La Casa. That's worthy of note because it's an illustration of a win-win situation in the private sector. The Friendship House is reselling, has a shop in Immokalee that receives and sells used building materials. That diverts significant material, we believe, from the landfill, provides affordably priced building material and supports a valuable community service. We think this is going to grow in the future and is a model for other activities. David Ellis and his colleagues can give you great detail on this, with pleasure, I'm sure. There's lots of other examples, but we want to -- I want to tell you that the -- that the climate, I think, is increasingly becoming positive. People are learning more about the necessity and importance of recycling. And our challenge, frankly, in the next six months now, having built a platform, I think, is to begin to move forward to make some real -- real successes that we can share with you, and we're trying very hard to do that. I'd like to make a commitment to you from the chamber about that. If you'd -- if you'd go to the report that you've received from staff -- I'll call it executive summary -- you would like -- I'd like you, Page 90 June 24, 2003 please, to also turn to the -- table one on page three of your agenda item, which is the nonrecycling -- nonresidential recycling franchise participation indicator rate. This is a performance benchmark that was selected because Waste Management, Incorporated, of Florida is your franchise hauler, and it was thought that any increase in the percentage of their clients also contracting for recycling service would be a useful indicator, and that -- that is correct. Two problems have arisen with this assumption. First, Waste Management found an error in the previous submitted data they have shared with all of us. And the original figures of businesses served actually reflected business pick-ups in the same billing cycle; therefore, the numbers that you received were inflated, if you will, for both businesses served and businesses with recycling. The -- when the corrected figures for recycling participation were shared, they flattened that number out. There's a difference of about six percent, and that's reflected on table one on page two of the material that you have. That -- that is something that we appreciate that they noted that mistake and that it's been fixed, and we now need to move forward. Secondly, there are at least 25 other recycling haulers serving Collier County that we're aware of. And it's possible that increased recycling participation will be with even other haulers that we need to yet identify. Therefore, it's very important that you have the best data possible for an informed decision six months from now. And the chamber is going to commit to calling and visiting with each one of those 25 recycling -- other recycling haulers to ask them to participate in a survey and get data from them of their tonnage that they are -- that is leaving Collier County that they're handling. We've already visited and chatted with Shredded Company, and they've agreed to provide us with this data. Page 91 June 24, 2003 Our chamber's staff will aggregate the tonnage by month from these providers to protect any proprietary information in this competitive environment but still be able to provide you, through your staff, with the trending data on the business cycle. So the bottom line is, we think we've made significant progress in beginning a platform for increased voluntary recycling. Some of the indices that have been shared with you have been appropriately adjusted. They're -- they're accurate now, and it's too bad that they weren't initially accurate, but that was promptly corrected when people recognized it. We have associations of other organiza -- organized businesses with whom we now need to visit. It's a little bit more complicated than -- reaching them than we had originally anticipated. Your staff is doing Yilmaz' works in visiting with individual companies and working with them to help them. There are 25 other haulers or so. Perhaps there are more, but 25 that we've identified. As the population and volume grows, the increase is going to grow of material, obviously. Our hope is that these people will participate with us in sharing in a confidential manner that we can aggregate better data for you. We intend to do that individually in the next six months. And I believe, and we hope, that you're going to see significant, positive kinds of movements in these members six months from now. I want to thank you for the opportunity that we have to try to demonstrate that the business community wants to recycle, that the free market system can work well with government. We're doing that now, very pleased about that. And we're trying very hard to minimize any future taxpayers' extent that may be needed. So thank you for your attention and for this report. CHAIRMAN HENNING: Thank you. Mr. DeLony? MR. DeLONY: As you can see -- Commissioners, for the Page 92 June 24, 2003 record, my name is Jim DeLony. I'm the public utilities administrator. It's been a great deal of effort between the chamber and from staff in developing the marketing outreach plan that will promote a voluntary, nonresidential recycling program that reaches the intent that is conserving landfill space and being very beneficial to our business community as well as our county. However, based on the first progress reports presented to this board in January and the progress report that has been presented here today, our indications are that we have not been able to make significant progress to date. Mike went through extensive review of what we've done together, collectively, and where we are and where we're going, and I agree with his assessment. We've set the platform, and we should see significant -- I hope, significant movement in the months ahead as we come into our final report to you six months hence. I want to assure the board and I want to, again, assure the chamber that staff is committed to continue to work closely with them as we go through this next important six months and continue development of our marketing and outreach plan. I'd like to outline a couple things that we'll be doing that's beyond what's in the scope of your executive summary, but we are going to look at trade marketing, and that will have a common logo for recycling for businesses. We -- only businesses that do recycle will be able to have this logo to display in their business. We're going to coordinate a couple trade shows with the chamber and have some trade shows booths there with them jointly. We're going to produce an insert for occupational tax renewal mailer, place organizational newsletter pieces and articles, continue to generate articles for publication on successful recycling efforts, in other words, highlighting the successes that are being done within the community by businesses, continue our outreach efforts as outlined, Page 93 June 24, 2003 industrial parks being one of our focus areas, Collier County School District and the school board being another, and finally, working with Ave Marie as they bring on that community, ensure that they've got the solid waste handling, waste reduction program involved in their site development planning. So with that, it's an extensive agenda, extensive list of things that we have done and are going to do, and we will be back in six months to report to you our progress on your charter to us. That concludes my briefing other than your questions. CHAIRMAN HENNING: Questions by the Commissioners? Commissioner Coyle, then Commissioner Halas. COMMISSIONER COYLE: Yeah. Mr. DeLony, I have a question concerning the data displayed in the tables. Under the column of calendar year, we have some footnotes here, 2000 with subscript of three, and 2003 with a subscript of four. Now, are those cumulative? MR. DeLONY: Yes, sir, the four is, the four would be -- COMMISSIONER COYLE: But that four -- MR. DeLONY: -- or will be, but is -- we are at the end of the year. COMMISSIONER COYLE: Well, wait a minute. MR. DeLONY: That's the reason-- COMMISSIONER COYLE: That would be five. On that table one -- MR. DeLONY: Yes, sir-- COMMISSIONER COYLE: -- that would be five. MR. DeLONY: Yes, sir. I'm sorry. COMMISSIONER COYLE: So my question is, if I wanted to find out what the total number of businesses served for 2003 so far this year, would I add the 3,966 to the 4,015? MR. DeLONY: No, sir. No, sir. It would be the singular number that you have there. It gives you that number at that Page 94 June 24, 2003 snapshot. COMMISSIONER COYLE: So the footnote four includes more than just April, May and June? MR. DeLONY: That's right, sir. COMMISSIONER COYLE: It includes January through June? MR. DeLONY: Yes, sir. COMMISSIONER COYLE: Okay. I got it. All right. Thank you. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Basically we understood that there's 25 other waste hauling companies that are -- that do business here in Collier County. I guess the best effect of what's really being taken care of is, what is the overall effect of the landfill? Have you noticed a significant drop in the amount of recyclables that have been coming into the landfill? MR. DeLONY: That's a problematic -- COMMISSIONER HALAS: Because I think -- MR. DeLONY: Thank you for the-- COMMISSIONER HALAS: -- that would be a good judgment MR. DeLONY: Yes, sir. COMMISSIONER HALAS: -- because we don't have all the data because of other -- all the other companies that do business here in Collier County. MR. DeLONY: That's a difficult -- that's a difficult one to answer in specifics. We can talk to it in a general sense because of our spotters looking just for that opportunity when something goes in there that we can pull out, be it maybe construction debris, for example, concrete, which we're going to pull out and divert anyway. Somehow it got in -- got to the hill. But it's very problematic, as those large trucks move in, to see that in evidence there. Let me -- just let me -- do you have any comments from staff? Page 95 June 24, 2003 Can you make any comment to this? Okay. The bottom line, that would be very difficult to do and even more difficult to report to you in terms of data. We -- when we selected these three benchmarks, we tried to do it two ways. First of all, we wanted to have data that was capturable and wasn't going to cost a lot of money just to capture the data. That's the reason we selected Waste Management, because that was an easy one to get. Chamber stepped up and going to look at these other 25. One of the things, by the way, the staff -- we were directed by staff, by the board, was not to spend a lot of money in doing this. MR. MUDD: Commissioner, when they dump that dumpster from a commercial property and it's in their dumpster in the back and it has bottles and plastics and cardboard, or whatever else they have in there, and organics if that -- if it's a restaurant or whatever, and it's in there, that garbage truck comes up, puts its arms in there, lifts it over the top, over the front cab and dumps it in the back -- and so they go straight up to the side of the landfill on the open cut, and they dump the load out. We have no way to measure what's inside that -- what's inside that container. So we're able to measure, if we have recycling of those 25 companies and they're reporting and we're watching what they're taking out in recycling, we have a way to figure that out. To figure out if we're seeing a decrease in the open face of the landfill, very difficult for us to do. COMMISSIONER HALAS: Okay. Because I felt that if there was a great effort being put forth to do the recycling, that the recyclable objects that are going into the landfill, there would be a significant decrease in the last year or two years that this program has been going on. I guess it's been going on a year; is that correct? MR. DeLONY: Yes-- COMMISSIONER HALAS: The recycling effort put on-- MR. DeLONY: Yes, sir. Page 96 June 24, 2003 COMMISSIONER HALAS: Okay. So you haven't seen anything -- what you're telling me then, you haven't seen a significant drop in the recyclables that have been coming to the landfill; is that -- MR. MUDD: Yes, sir, but you also have to understand, we're not just measuring -- it would be okay if this was just a one piece that was going into the landfill that you were watching, but you're -- but you've got to program in there to divert C&D material so it doesn't go into landfill anymore. You've increased your residential recycling values. You've taken your sludge and you're hauling it out to another landfill and/or to a compost pile. You've moved all vegetative waste out of the landfill, and it's going to that compost facility. So all of those ingredients, they're saying, yes, there's less things going into the landfill. So it's hard to measure this particular item. And I think the one thing that you got from the presentation and one thing that the chamber is very -- very astute about is the fact that they've got to do a better job of documenting those industries' businesses that are actually recycling, not only Waste Management, but with those other 25 vendors. Because I will tell you, based on the information you're provided, it's pretty dismal. It basically says, we have gone nowhere besides a big educational program. We've done a lot of offering to businesses to take advantage and we've been told no a lot of times. And Mr. DeLony has those businesses and those times that they've gone in to try to introduce this along with the chamber. And I think the chamber knows they've got a good mission to do in the next six months to document what really is being recycled from their customers. Because this -- this report card, you know, if it was coming home with your kid, you'd be -- you'd be doing a lot of overnight study with them and helping them to get ready for his next class. So I think -- I think it's a -- it's a program in progress, and I think we've got a lot of data collection to do in the next six months Page 97 June 24, 2003 before they come back and give you the final report card in December. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Oh, thank you very much. As I read that report that you put out to all of us a little bit ago -- and first of all, I have to say, staff has done a wonderful job -- MR. DeLONY: Thank you. COMMISSIONER FIALA: -- going out there and calling on these businesses, person to person, actually finding out why businesses do or don't recycle. And if they don't, why not. I was interested to note that the major businesses are governed by their home offices, so they didn't -- they didn't bother to recycle because the home office didn't tell them that they could. I don't know how that can be approached, but I figure the chamber can take that ball and at least run with it. And secondly, the schools that were directed by their principals only. I thought that was interesting. Some principals want to recycle and others didn't care about it. And I thought, there needs to be a more orchestrated effort on behalf of us working with the school system to have everybody participating in it, not just at the convenience of some. Another thing is, I noticed that many small businesses weren't interested at all in recycling. They were trying to get the food on the table for their families and they weren't interested in recycling. Some that were taking their recyclables home, but others didn't even know about a landfill. They didn't even really care that it's filling up. And you know, sometimes they don't have touch with that, which means we need to do better education for these smaller businesses, especially those that aren't members of the chamber. I don't know how you're going to do that. I challenge you with that. Lastly, as we try and determine how much is being recycled and how much isn't, if you take a ride by -- not that I ride by the garbage Page 98 June 24, 2003 areas of restaurants and bars all the time, but if you take a notice, there's just one dumpster there instead of recycling dumpsters as well. So I mean, even if the bar, for instance, throws all of their bottles into containers and boxes them up, and their cans into another, they all go into the same recycle bin anyway, and they're still taken out to the landfill. Now, I've asked that question a number of times, and one of the things that I've heard in return is, it costs extra dollars for them to recycle, and I think that that's a problem. I mean, I can understand why businesses don't make an extra effort if it's going to cost them more dollars to save our landfill, and possibly that can be something addressed as you go into this last six months. And thank you for letting me say all of that. CHAIRMAN HENNING: Yeah, and you have every right to, Commissioner. The -- Mr. DeLony, I have a question, how do you know when a truck comes over the scales at the landfill that it comes from business? MR. DeLONY: Well, first of all, we're -- we've got a coding system for every truck that comes in, and know exactly where that truck comes from. CHAIRMAN HENNING: Okay. MR. DeLONY: We -- either they're already in our -- logged into our system and actually have a reader, R, we ask them, and they fill out a trip ticket that tells us exactly where they come from, what -- who the hauler is that's bringing that material into the landfill. CHAIRMAN HENNING: Okay. So is it every truck that has one of those forks for the dumpsters? MR. DeLONY: Well, that would be one type of truck, yes, sir. CHAIRMAN HENNING: Is that how we're counting them? MR. DeLONY: No, sir. We're not counting at the landfill right Page 99 June 24, 2003 now the trucks coming through. The benchmarks that we're working on deal with participation -- as outlined -- with participation. We're not -- we're not being able to -- as Mr. Mudd described, it's very difficult to manage recyclables at that stage in terms of, you know, percentages of the load other than what you can spot on maybe a circumstantial basis. So what we're looking at and benchmarking is an outline in what we can capture in terms of accurate and relevant and, I believe, right on, you know, benchmarking in terms of participation and the level of capturing the data at our recycling centers. That's where we're working the data through right now. CHAIRMAN HENNING: I've heard management say that .50 percent of the waste going into the landfill comes from business, so -- I mean, I guess what I need to do is to sit down with you and -- MR. DeLONY: Sure. CHAIRMAN HENNING: -- figure out how you're measuring. And what I hear is, it's up to the chamber to identify the recyclable companies out there other than our hauler, Waste Management. MR. DeLONY: They've stepped up to do that, and we're working with them on that. I feel confident that, for example, that we have a pretty good indicator, not the sole indicator, but a pretty good indicator in just looking at what Waste Management alone is providing us in terms of participation, because they do represent the majority of the effort in terms of commercial recycling in Collier County. It's not all of it. There's 25 -- at least 25 others, according to what Mike said earlier. But we are just, you know, grabbing good data and using that as a benchmark. We felt that that was a good one. If the chamber's able to get more data that can -- that we feel is valid, and I say we (indicating), then we'll present that as part of the benchmarking as well. I'm very comfortable with the benchmark as we provided it to Page 100 June 24, 2003 you today in terms of where we are. Certainly there can be others, but these sure, in my view, provide -- and we agree. We have agreed as a delivery team that these are valid indicators of where we are and how we're progressing with regard to nonmandatory recycling in Collier County from a business perspective. CHAIRMAN HENNING: Okay. Mr. DeLony, in the previous business that I had, Waste Management didn't provide any -- MR. DeLONY: Yes, sir. CHAIRMAN HENNING: -- recycling. MR. DeLONY: Yes, sir. CHAIRMAN HENNING: And I had five, maybe six recyclable items that, you know, companies would come around and get. One doesn't fit all. I'm not sure if -- and I have the opportunity to find out and what the data is. And I appreciate that opportunity. MR. DeLONY: Sure, yes, sir. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: One other question I have, Mr. DeLony, is that in your benchmarks, what do you look for in your benchmarks over a five-year period as far as recycling? What are you trying to -- what are we trying to accomplish here? Are we trying to get everybody onboard to recycle so that we've got one hundred percent recycling? Do you have some type of criteria that you've established where you think that everyone, whether they're commercial or residential, where we should be in -- five years from now or three years from now? Could you -- MR. DeLONY: Sir, the benchmarks that we have in front of you were set up specifically to measure 18 months of progress for this effort at direction of board. We -- back in May was a year ago. Staff came in with a proposal for mandatory recycling for commercial businesses in Collier County. Board directed us to go out with the chamber and work through a series, to see if we could Page 101 June 24, 2003 get volunteer recycling, and we set these benchmarks to measure that progress and that progress alone. COMMISSIONER HALAS: Okay. MR. DeLONY: In the con -- greater context of our success or failure to manage recycling or any other aspect of the solid waste stream in Collier County is going to be how long we've extended the life of that landfill. That's the true benchmark. That's the true benchmark is that, what is our landfill capacity vice (sic) our landfill of need? And that we watch very carefully from a total aggregate waste stream as opposed to just looking at recyclables. Throughout the last two years, we have -- we, working with a lot of folks and the board's direction and approval, have diverted about 50 percent of what was going in there two years ago, three years ago. Fifty percent of what would go on that landfill -- I'm talking total waste stream, recyclables, divertables, putrid garbage, whatever -- fifty percent no longer goes to the hill, it goes somewhere else, either to use, recycling, or some other type of diversion other than putting it in the Naples Landfill. Now, that's the true benchmark that I look at in terms of success of this and many other aspects of the solid waste stream management in Collier County. Did I answer your question, sir? COMMISSIONER HALAS: You answered the first question, you answered that one, and I was going to direct a question to the Chamber of Commerce. MR. REAGEN: Yes, sir. COMMISSIONER HALAS: What are your goals that you want to set here for the next six months, that -- when this comes before the Board of Commissioners? MR. REAGEN: We want to increase the participation rate, and we also want to increase that which is diverted to recycling. COMMISSIONER HALAS: Okay. And you're also going to Page 102 June 24, 2003 have current updated data on the other 25 waste haulers that -- MR. REAGEN: That's our goal. COMMISSIONER HALAS: -- do business here in Collier County; is that correct? MR. REAGEN: That's our goal, yes, sir. COMMISSIONER HALAS: Okay. So then we can get a better idea of where we stand as far as preserving our landfill. And I guess that's where I'm trying to get -- put the whole picture here together-- MR. REAGEN: Bottom line here -- if I may, the whole picture is to preserve the landfill and extend its life, okay? COMMISSIONER HALAS: Okay. MR. REAGEN: At the same time, the demographics of this community are growing rapidly, you understand that, so it's a moving target. We also understand that there are many large producers of waste material that never -- never goes into the landfill. Coastal Beverage, Publix, all those people have separate deals where the stuff is packaged and shipped right out. So it's a very -- it's an ambitious thing, it's a very complicated thing. But our goal right now is to get more businesses understanding the immediate economics, perhaps, and the cost benefit of recycling, to educate them, try to get large groups of people to participate that haven't participated before. We get more people participating and then to have more recyclables not go to the landfill, and trying to measure that with a moving target in addition to all the other stuff you're doing. That's the goal. COMMISSIONER HALAS: I think a good benefit would be when you put all together all this information that you get from the other 25 landfills, is to periodically publish this so that hopefully this will be a way of encouraging other people to get involved in the process, and hopefully we can make it more beneficial so that it's not costing the small businessman a lot of additional funds in order to recycle. Page 103 June 24, 2003 So I think we've got a couple of goals here that we need to establish to make it a lot easier for them and to be not as expensive to recycle the product. MR. REAGEN: I would agree with you. The comm -- if I may, Mr. Chairman, the comments that were made by Commissioner Fiala and others, are on target. People don't understand. There's a great deal of education that needs to take place across the community in all due respect. COMMISSIONER HALAS: Yep. MR. REAGEN: And there's -- the individual business person, it's very, very difficult for them to grasp this and to divert their attention and money and so on, so it's a big job. CHAIRMAN HENNING: Well, if we're done talking trash, we do have a public speaker. MR. REAGEN: If you have to put it that way, Mr. Chairman, thank you. COMMISSIONER COLETTA: That's a good one. CHAIRMAN HENNING: Sue? MS. FILSON: Mr. Chairman, we have one speaker, Mr. Bob Krasowski. MR. MUDD: Commissioner, as he walks up, one item that Commissioner Fiala didn't get to is the fact that the chamber has done a significant amount of advertising, and they've got a movie clip, and they went through that whole thing that I've seen a couple of times on the net as far as that's concerned, so they've done due diligence and tried to advertise it and let the business community know what the program IS. MS. FILSON: Okay. MR. KRASOWSKI: Good afternoon, Commissioners. My name is Bob Krasowski. I'm with the Zero Waste Group, Zero Waste, Collier County Group. In reviewing the material that you have in front of you, I think Page 104 June 24, 2003 the staff and the chamber have been doing a pretty good job. Certainly they've been addressing issues and components of these overall issues that are important, but I think in having them do what they do, that what they're doing, you're kind of limiting what needs to be done. You're not -- you're not attacking this problem -- issue on all fronts. I'm with Zero Waste, Collier County Group, and we've been involved with this issue since December of 2000, or actually shortly after that we formed the Zero Waste, Collier County Group. And I have comments to make in regards to this interim report. But maybe my first comment is that we ask you to be sure that Zero Waste, Collier County Group is included in the discussions, in the process of putting these reports together. We were invited to a couple of meetings at the chamber regarding this commercial waste recycling, and it was -- it was good to go there, but they've already had their position developed and their point of view and their -- the paper already developed through their meetings with the county. Since Mr. DeLony's been here, we haven't had but one meeting with the county staff, where prior to that, the other public utilities director -- directors were more open, and I'm not sure exactly why -- why that is happening. The -- the zero waste workshop, the people that we brought in for the zero waste workshop, design charrette, have worked on this issue and these issues and have developed programs for places like Seattle, Washington; different communities in California; Halifax, N ova Scotia. And what the chamber's doing, what you're doing, and the staff are doing, you're reinventing the wheel. There are many things here that are not being done correctly as you search for the right thing to do. And if it's not done right, we're going to wind up with materials going to the landfill, recyclables that are going there unnecessarily, Page 105 June 24, 2003 and it's -- we're not going to get the full benefit of what a successful program might give us. There's a lot of misinformation still floating around. The id~a that 50 percent of the material going to the landfill now is commercial material, that's commercial with multiple residential mixed in. So you don't even have an accurate number of what the businesses are generating as far as waste. You have your multiple family places that have dumpsters. Well, that's included in commerc ial. That's right -- yeah, that's right, Commissioner Henning. And-- CHAIRMAN HENNING: That's what I thought, thank you. MR. KRASOWSKI: Yeah. That isn't how -- CHAIRMAN HENNING: You know, a trash expert, you would know. MR. KRASOWSKI: Yeah, well, there's all sorts of trash, you know, so -- being an expert, I don't know if I qualify for all of it. COMMISSIONER COLETTA: Hey, you don't belong up here, watch it. MR. KRASOWSKI: We have also the misconception that there are 25 businesses that provide recycling service in Collier County. And there are 24, 25 businesses that provide that service, but only one or two have a wide array of services. And being that one of them is the solid waste -- see, like, Waste Management is the garbage franchiser for Collier County. They are not the recyclable franchiser. And being that Waste Management has strong influence in the chamber and that Waste Management has strong influence being on the board of directors of Keep Collier Beautiful, which is sort of the chambers of one of their work -- people they work with -- and it's sort of like, there seems to be a free floating bias if -- indicated if we don't do something on the part of the county and the staff to communicate with these other recyclers. Like Sunshine Recycling, in -- and I'll be running out of time Page 106 June 24, 2003 here soon. It's too bad. But once again, if I would have had -- if we, the group, myself representative of our group, would have been included by Mr. Mudd, Mr. DeLony, Mr. Yilmaz in meetings, we could have discussed this and worked it out before we got here, so there are certain things you won't hear that I would have liked to say. But, you know, way back when, years ago, we brought all of you the briefing, issue briefing packet from the zero waste people, grass-roots recycling network, and we brought to you Gary Liss, one of the maximum diversion strategy consultants that advocates via the zero waste perspective. And much of what you're doing now is part of that. If you don't succeed in diverting all of the recyclables from the landfill, that's the material that people are using to justify a pyrolysis facility. If you divert what you can, maximum diversion recyclable, you could get away without doing a pyrolysis facility. It all boils down to that. So you back away from that, you don't do a good job, you don't do an effective job, there you have your pyrolysis facility. Okay? CHAIRMAN HENNING: Thank you. MR. KRASOWSKI: Appreciate your attention. CHAIRMAN HENNING: Okay. Thanks for the report. Is it the wish of the board we want to continue on through the agenda, or you want to take a lunch break at this time? COMMISSIONER HALAS: Take a lunch break. COMMISSIONER FIALA: Take a lunch break. CHAIRMAN HENNING: We're going to take an hour break and be back at 1:10. (A luncheon recess was taken.) COMMISSIONER COYLE: Recess is over, guys. CHAIRMAN HENNING: Call the meeting of the Board of Commissioners back in session. Page 107 June 24, 2003 Item #10B REJECT A REQUEST BY SURFSEDGE INC. FOR REIMBURSEMENT FOR THE REMOVAL OF BEACH SAND IN Next item is -- MR. MUDD: 10(B), reject a request by Surfsedge, Inc., for reimbursement for the removal of beach sand in the amount of $3,782.56. And Mr. DeLony will present this item. CHAIRMAN HENNING: Do we have any public speakers? MS. FILSON: No, sir. CHAIRMAN HENNING: Any questions by the board? Commissioner Halas? COMMISSIONER HALAS: Did we finish up voting on the last one before we broke for lunch? MR. MUDD: Commissioner, you basically voted and -- COMMISSIONER HALAS: Okay. MR. MUDD: You didn't have to vote on -- it was a presentation. COMMISSIONER HALAS: Okay. All right. CHAIRMAN HENNING: Any questions? Commissioner Coyle? COMMISSIONER COYLE: I don't have a question. I'll make a motion that we deny staffs request to deny this and that we approve the expenditures of $3,000. CHAIRMAN HENNING: Commissioner Coyle -- there's a motion on the floor by Commissioner Coy Ie. Is there a second to the motion? Is there a second to the motion? COMMISSIONER HALAS: I'll second it. CHAIRMAN HENNING: You're seconding the motion? Page 108 June 24, 2003 COMMISSIONER HALAS: Yes. CHAIRMAN HENNING: Okay. So basically what we're doing is paying Surfsedge 3,782 -- COMMISSIONER HALAS: Oop. I pull that back. I pull that second back. I pull that back. CHAIRMAN HENNING: Okay. You're pulling your motion ( sic). Is there -- COMMISSIONER HALAS: Yes. CHAIRMAN HENNING: Is there a second to Commissioner Coyle's motion? Is there a second to Commissioner Coyle's motion? (No response.) CHAIRMAN HENNING: Motion fails for lack of a second. I'll make a motion that we accept staffs recommendations. Is there a second to my motion? COMMISSIONER HALAS: I'll second that. CHAIRMAN HENNING: There's a second by Commissioner Halas. Any discussion on the motion? COMMISSIONER COLETTA: Do we have any speakers? MS. FILSON: No, sir, no speakers. CHAIRMAN HENNING: All in favor of the motion, signify by saYIng aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Motion carries 3-1. Item #10C DIRECTION TO CONSIDER THE HAMMOCK ISLES PROJECT Page 109 June 24, 2003 UNDER PREVIOUS COLLIER COUNTY LAND DEVELOPMENT CODE (LDC), DIVISION 3.15 REGULATIONS FOR THE ISSUANCE OF A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES (COA) BY DETERMINING THAT THE SUBJECT DEVELOPMENT WAS IN PROCESS PRIOR TO THE EFFECTIVE DATE OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AMENDMENT TO DIVISION 3.15, WHICH BECAME EFFECTIVE FEBRUARY 6, 2003 - APPROVED FOR STAFF TO APPLY THE PRIOR LDC EROVISlONS MR. MUDD: Next item -- next item is 10(C), and that's to obtain direction from the Board of County Commissioners to consider the Hammock Isles project under provisions (sic) Collier County Land Code, LDC, division 3.15 regulations for the issuance of a Certificate of Adequate Public Facility by determining the subject development was in the process prior to the effective date of the Collier County Land Development Code Amendment of division 3.15, which became effective, February 6, 2003. And I'll remind the board that I made a correction this morning on the change sheet to item 10(C), and read that into record. CHAIRMAN HENNING: Refresh my memory. What was the correction? MR. MUDD: It was the second item on the change sheet, and it was item 10(C) should read, obtain direction from the Board of County Commis&ioners to consider the Hammock Isles project under previous rather than provisions, Collier County Land Development Code, LDC, division 3.15 regulations for the issuance of a Certificate of Adequate Public Facilities, COA, by determining that the subject development was in the process prior to the effective date of the Collier County Land Development Code amendment to division 3.15, which became effective February 6, 2003. Page 110 June 24, 2003 CHAIRMAN HENNING: Okay. Mr. Schmitt. MR. SCHMITT: Yes. Good afternoon, Commissioners. For the record, Joe Schmitt, administrator -- CHAIRMAN HENNING: Hang on. Mr. Weigel? MR. WEIGEL: Actually, when you finish this item, I'd like to come back to 10(B) briefly, if you could, thank you. CHAIRMAN HENNING: Okay. MR. SCHMITT: Administrator of community development, environmental services. Commissioners, I won't go through the history. You recall at the last Board of County Commissioners meeting, Mr. Saudi approached the board and asked the board to consider at least a proposal to allow that his proj ect be considered having been in effect or under review under the provisions of the concurrency amendment 3.15, under the new -- newly passed revised amendments that were passed effective in February, that a petitioner would have had to have submitted a final subdivision plat in order to be vested or at least to be grandfathered under the old rules. Mr. Saudi submitted his application for the Hammock Isles project. You have the history in your packet. It started August 21 st and through the dates, all the way down to February 24th. And the proposal is that, considering that staff -- the staff process took time to process us through the review both through the transportation and through community development, that we are asking that you consider this proj ect to be considered as being in process prior to the effective date to the amended provisions of the LDC, division 3.15, based upon determination, and direct staff that they apply to prior LDC provisions. So that was our proposal. CHAIRMAN HENNING: Any questions by the members of the board? COMMISSIONER COYLE: Motion to approve. COMMISSIONER COLETTA: Second. Page 111 June 24, 2003 CHAIRMAN HENNING: There's a motion by Commissioner Coletta, second by Commissioner -- motion by Commissioner Coyle, second by Commissioner Coletta. Any questions on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saYIng aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries. Going back to item 10(B). Mr. Weigel? MR. WEIGEL: Thank you, Mr. Chairman. When the vote was taken, you noted a vote of 3-1, and Commissioner Fiala was in the room, so -- CHAIRMAN HENNING: She wasn't seated. MR. WEIGEL: Exactly. She was -- COMMISSIONER FIALA: I didn't speak up. MR. WEIGEL: She was close. But in any event, having been in the room, it's appropriate for her to have a vote recorded for the record on the 1 O(B) to fulfill the -- COMMISSIONER FIALA: Thank you. And I'll vote in favor of the motion. MR. WEIGEL: Okay, fine. Thank you. Thank you very much. CHAIRMAN HENNING: Moving on to - Item #10D Page 112 June 24, 2003 RESOLUTION 2003-231 AUTHORIZING CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS REQUIRED FOR THE CONSTRUCTION OF A SIX-LANE SECTION OF VANDERBILT BEACH ROAD BETWEEN AIRPORT ROAD AND COLLIER BOULEVARD (CAPITAL IMPROVEMENT ELEMENT NO. 63, PROJECT NO. 63051). ESTIMATED FISCAL IMP ACT.:.J~, 76~,600 - A DillI.ED MR. MUDD: 10(D), that's adopt a resolution authorizing condemnation of fee simple title interest and/or those perpetual or temporary easement interests required for the construction of six-lane section of Vanderbilt Beach Road between Airport Road and Collier Boulevard, which is the capital improvement element number 63, project number 63051, estimated fiscal impact is five million, seven hundred and sixty-five dollars -- excuse me -- $5,765,600. And Mr. Fe -- well, Mr. Strakaluse will present. MR. STRAKALUSE: Commissioners, Gregg Strakaluse, for the record. CHAIRMAN HENNING: Any questions? MR. STRAKALUSE: Also for the record I would like to submit the actual legal descriptions that need to be part -- and become a part of the record. COMMISSIONER COYLE: You don't have to read them, do you? MR. STRAKALUSE: Uh-uh. COMMISSIONER COYLE: Good. COMMISSIONER FIALA: You could read that. We should be out of here in a few hours. MR. STRAKALUSE: Commissioners, as you recall back in -- January 14th of2003, your board approved the resolution authorizing staff to acquire property along 92 parcels of Vanderbilt Beach Road Page 113 June 24, 2003 for the improvement proj ect from a two-lane dangerous road section to a six-lane improved section. Since then staff has worked with the community and with the regulatory agencies to reduce affected parcels from 92 parcels to 73 parcels, and has worked with the community also. One example of this particular work that's gone on is, oak trees at the corner of Oaks Boulevard and Vanderbilt Beach Road will not be taken as a part of this proj ect. On January 14th, staff presented the details surrounding the need to acquire additional property for safety, environmental, and constructibility requirements. By reference, I'm incorporating the presentation that was previously made as part of that January 14th meeting into the minutes of this particular meeting. With your approval today, staff anticipates having the property permits in place by March of 2004 and beginning construction shortly thereafter, with substantial completion by 2007. Based on this info, I'd ask that your board approve the recommendations outlined in the executive summary. This concludes my presentation, and I'm available for any questions. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Thank you. I have two questions. MR. STRAKALUSE: Yes. COMMISSIONER FIALA: One, I was curious as to why you referenced that there were no mobile homes located on the property. I never saw that before. MR. STRAKALUSE: That's part of the standard language that's typically used as part of the description. COMMISSIONER FIALA: Okay, fine. Second question is, we're talking about a reduction in the project's right-of-way needs, but I didn't see anything at all as far as the support material to tell us how much of a financial reduction that Page 114 June 24, 2003 this is going to be. MR. STRAKALUSE: That's a good point. The initial estimate that's determined for the right-of-way acquisition is essentially a ballpark estimate done on the latest and greatest records that we have. We haven't done the appraisals -- we're in the process of doing the appraisals at this point for those parcels, and the appraisals are what truly dictates the actual cost of the offers that we'll be making. The worst case scenario, if we needed to condemn each and every parcel, we have provided an estimate of what that number is. There will be a savings in the reduction of the parcels. We've estimated that preliminarily to be at least $200,000 at this point. But, again, that's a ballpark estimate and won't actually be known until the appraisals are done. CHAIRMAN HENNING: Okay. Any further questions? (No response.) CHAIRMAN HENNING: Entertain a motion. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second that motion. CHAIRMAN HENNING: Motion by Commissioner Coyle, second by Commissioner Fiala. Any questions? (No response.) CHAIRMAN HENNING: 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 115 June 24, 2003 Item #10E AGREEMENT FOR THE PURCHASE OF PROPERTY FOR A PUBLIC UTILITIES' DIVISION OPERATIONS CENTER AT A COST NOT TO EXCEED $8,200,000 (LAND, BUILDINGS AND ASSOCIATED IMPROVEMENTS), PROJECT NUMBERS 73072 AND 700~9 - AffROVED MR. MUDD: And Commissioner, the next item 10(E), and that's to approve an agreement for the purchase of property for a public utilities division operation center at a cost not to exceed $8,200,000, land, building, and associated improvements, project numbers 73072 and 70059. And Mr. DeLony will present this particular item. MR. DeLONY: For the record, Jim DeLony, public utilities administrator. The public utilities division has outgrown its present facilities that we have located on T ery I Road, South Horseshoe Drive, and Shirley Street. After investigating a number of potential centralized sites over the past three years, the division is recommending today that the board approve this executive summary, which allows for the acquisition of two buildings, totaling 84 -- 86,400 square feet on five acres of property -- property located between Mercantile Avenue and Progress Avenue in Naples Production Park. This move will result in a higher level of service to our customers deriving out of the Cole (sic) location appreciately (sic) separated functions. We also have efficiencies that we believe will occur in service delivery, and also because of this more centralized location, there will be a convenience that will allow a signalized access to major corridors in all directions in the county. I have with me today three department heads, or parts of our Page 116 June 24, 2003 departments, that will describe the operational improvements expected to result from the approval of this acquisition, and then I will come back with closing remarks and answer any questions that you may have. With that, may we proceed? CHAIRMAN HENNING: Anybody have any questions on this item? I mean, I'm sure your staff has some things to do. MR. MUDD: Commissioner, let me -- let me add some things real quick before we go to the staff piece. I've given directions to the staff to get out of rental space in the next five years. I said, we're wasting money in all the rental space we're in. One of the -- one of the other directions that the board is given and we brought up when we were talking about the sheriffs expansion to the j ail and the parking garage to the residents in -- on Palm and on Glades -- on Lakewood in the Glades community is the fact that we would try to get out of the T ery I Road Water Distribution Facility that is beyond its appropriate use. When it was sold way back when and the board accepted, the public utilities department years ago said that there would be no more than 12 people operating out of that facility on a daily basis. Well, there's close to 60 people operating out of there on a daily basis, and they're moving some heavy equipment back and forth through -- on that road in this residential community, and I'm not too sure that's what everybody signed up for. So one of the -- one of the charters that I gave the public utilities division is try to find an appropriate place that's zoned appropriately, zoned correctly, commercial, the way it's supposed to be in an industrial complex, for that distribution center, and then try to do some consolidations off of Shirley Street, because he's kind of outgrowing that facility. The next piece was the part about getting out of rental space. Page 11 7 June 24, 2003 And we've got -- there's some frontal property to this facility that has office space in it. And I basically told Mr. DeLony to get Mr. Y onkosky and the Department of Revenue for utilities out of South Horseshoe where it's rental space and get them into this owned facility as part of this purchase, and this way he can -- he can consolidate those things and get out of that rental facility and try to keep within that five-year period of time. So those were the directions that I gave to the public utilities, and they're basically coming back with their solution to those directions. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Couple of questions. We took the highest assessment or appraisal for this property. Can you tell me why we elected to do that? MR. DeLONY: Let me turn it over to Chuck. Let Chuck explain to you that we actually used a combination of several. But let him lay that out for you, Mr. Coyle, and I'll come back and answer your questions behind that. COMMISSIONER COYLE: Well, I understand that you liked the process that was used by, I guess, Anderson and Carr. But how does that affect the purchase price? MR. DeLONY: Okay. COMMISSIONER COYLE: I mean, why couldn't you have offered something less than 5,900,000 for it? MR. DeLONY: All right. Chuck? MR. CARRINGTON: For the record, Chuck Carrington, manager of real estate services. We did offer less. But first of all, the seller wouldn't take less. COMMISSIONER COYLE: Okay. MR. CARRINGTON: And as far as the two appraisals, both appraisers, when they did their evaluation of the property, they all used the three approaches. But then R&W, when they arrived at final Page 118 June 24, 2003 value, they didn't use all three approaches and average them, where Anderson and Carr did. And we felt that's more appropriate. Even though they're both acceptable, we felt that's more appropriate, especially for this piece of property, because this piece of property was an income-producing property, and so they should have really used all three approaches to it, and that's why we put more value on that. COMMISSIONER COYLE: Okay. So you made an initial offer of how much? MR. CARRINGTON: Five-five, I believe. COMMISSIONER COYLE: Okay. And the owner countered? MR. CARRINGTON: With five-nine. COMMISSIONER COYLE: With five-nine? MR CARRINGTON: Yes, sir. COMMISSIONER COYLE: Okay. And then you had the appraisal and you decided five-nine was reasonable? MR. CARRINGTON: That's correct. COMMISSIONER COYLE: Okay. Now, with respect to the fiscal impact, the only thing that's missing here is some indication of the cost benefit analysis of moving from rental or leased space to an owned building that needs to have certain renovations and improvements in it. Okay. Can you give me some idea as to the -- the financial benefit to the taxpayers -- MR. DeLONY: Yes, sir. COMMISSIONER COYLE: -- for this particular decision? MR. DeLONY: Yes, sir. John? MR. YONKOSKY: Good afternoon. Commissioners, John Y onkosky, utility building customer service director. One of the cost benefit analysis that we went through, Commissioner Coyle, was we pay $130,000 a year for our rental space on South Horseshoe, and the lease agreement has a four Page 119 June 24, 2003 percent annual escalation clause in it. By -- if the board approves this purchase and we get moved over there, we will save $1,600,000 in rental payments or lease payments over the next 10 years, and that's a substantial am~unt of money. Because with the lease payment, you don't really get a significant return. And this will be $1,638,000 in savings to us. COMMISSIONER COYLE: Over the 10-year period? MR. YONKOSKY: Over a 10-year period, yes. COMMISSIONER COYLE: And that takes into consideration all costs associated with this move, including the renovation and other capital improvements associated with it? MR. YONKOSKY: No. Those are just hard dollars that we save out of pocket by not making the lease payments over the next 10 years. We're going to take a lot of our furniture with us though. COMMISSIONER COYLE: Yeah, yeah. But you're also going to be putting in substantial improvements in the building. Is that included in the cost benefit analysis? MR. YONKOSKY: When you look at it overall, the significant savings to -- if we were to go out and build a building like this, it would be significantly higher than what the total cost of this package IS. COMMISSIONER COYLE: Okay. I'm really only looking at the current situation and the one you're proposing. I'm only looking at those two alternatives. Those are the only two al -- those are the only two alternatives before us, and I'm trying to get a handle on -- MR. DeLONY: Right. COMMISSIONER COYLE: -- whether or not this move is going to cost us more money than if we stayed in the place we're at right now. MR. DeLONY: Sir, we've laid it out in the executive summary to some detail what our estimated costs were if we were to go out and buy this property, buy a piece of property, develop that property Page 120 June 24, 2003 from scratch, go through the zoning process and the commercial development of that property for government purposes. The estimates that we were working off of were somewhere between 75 to $100 a square foot just for the building cost alone. And we're looking at utilizing 86,000 square feet in this property at a cost of something under $6 million for the property, with the zoning, with the impact fees paid, with arterial connections both north and south, east and west. And I just -- just kind of got to the point, said, I can't do better than this in terms of location, the as-builts that are there in terms of their worth in present value if I were to replace that somewhere else, and the ability to move because of the uniqueness of this property's location, not just the operations of in-ground services, but customer service out of leased spaces. I just could not find that combination in any close to that type of a financial arrangement. And I don't know that I've answered your questions, but that's the analysis that I went through in making this recommendation to you. COMMISSIONER COYLE: Yeah. I think -- I think where I'm coming out on this is that -- MR. MUDD: You didn't -- you didn't get an answer to your question, first. COMMISSIONER COYLE: No, I didn't. MR. MUDD: Because a strict cost benefit analysis was not done for this particular proj ect. There was some direction from the board to move out of Teryl Road. There was a plan in utilities to build a consolidated water collection sewer -- no, excuse me -- sewer collection, water distribution -- I'll get it right -- facility along with solid waste in the back of the landfill area on that 360 acres that you have out there. What this basically does is it scraps that plan to build the facility in the back of the landfill? Why? Because we had partners three years ago where the sheriff and transportation and everybody was Page 121 June 24, 2003 locked into going to do that. Some things have happened in between. The sheriff has moved over into the old County Barn facility because transportation moved into the FDOT facility on Davis Boulevard. Now, there's some neighbors that will say, I don't know if that was a good idea or not, and we're working on a noise study right now in process to try to decrease that to become better neighbors. So we've -- we've stopped that project which was going to be in the tune of about 12 million to $14 million. That's off the board at this particular juncture. This was commercial property that was available, and it's zoned that way. Commercial property isn't getting cheaper in Collier County. As you know, Commissioner, you and I have talked about trying to find a site for a particular car company, that they could get out of a different area, and it's very difficult to find that. This was an opportunity that had availed itself. So far the values on property haven't been going down, so even if we decided in the future that we didn't need this property or didn't want this property, we will still come out ahead as far as the property values are concerned. So when we looked at all of those ingredients together in this project, we thought it would be a good thing to do, part of the good neighbor process. We knew it would cost us money to come out of that Teryl facility. And it availed it to it, at the same time, gave us some office space in the front where we could get the DOR folks out and save about a million and a half over a 1 O-year period in rent. COMMISSIONER COYLE: Well, I'm not going to try to micromanage the decision-making process. But I -- I need to ask two questions. Number one, I presume that in carrying out the board's instructions of getting out of the Teryllocation, that you would not make a foolish financial decision to do that, okay? Page 122 June 24, 2003 And number two, I also presume -- and I'd like for you to reassure me -- that the cost benefits and the service benefits of making this move outweigh the costs of making the move. MR. DeLONY: I would not be making a recommendation counter to that, sir. COMMISSIONER COYLE: Okay. MR. DeLONY: And that's exactly my recommendation. COMMISSIONER COYLE: Okay. MR. DeLONY: And so, that's the bottom line. COMMISSIONER COYLE: But just so you understand -- MR. DeLONY: Yes, sir. COMMISSIONER COYLE: -- anytime I'm looking at a financial decision of this magnitude and we're swapping one thing for something else -- MR. DeLONY: Right. COMMISSIONER COYLE: -- I really would like to have a fairly detailed cost benefit analysis on that. MR. DeLONY : Yes, sir. And we will endeavor to meet that expectation. I just want to reiterate what the county manager said earlier, is that some of these aspects of this decision are not financial. They deal with location and opportunity to better serve our customers. Difficult to put a price on that, you know. We do know financially though, from the standpoint, if we were going -- we looked at 14 different properties up and down Livingston Road, east and west of Livingston Road, just about anywhere. This was the best property available at the best location at the best price that met the minimum of our needs. And I say minimum. Minimum today, and it leaves me a little room for expansion in the future, and that's -- so that's where we came down on. So I agree, sir, that we do owe you a financial analysis more to the standard of your expectations, and we will Page 123 June 24, 2003 endeavor to do that. COMMISSIONER COYLE: And parking is adequate for you for your future needs? MR. DeLONY: We will have to look carefully at parking as part of our site development plan process. I have to be careful here because you-all haven't told me to go spend any money on this thing yet. COMMISSIONER COYLE: Yeah. MR. DeLONY: But I've looked at it. There's 95 times four parking places. Four rows of parking, 95 slots per, that are along the fence and in between the two buildings, and then there's some on the hammerheads. I know -- plus I know that there's a lot of covered base space within this 86,400 square foot -- these two structures, that we will not need for interior office space but could provide for covered parking for critical items of equipment. So from the standpoint of utility of the site, I'm very confident we can make it work and make it work very well. COMMISSIONER COYLE: Okay. Thank you. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Well, I guess basically we're going to cut to the chase and we're going to say what we're doing is trying to get an efficient operation, and the consolidation of all these different groups together under one roof would definitely be a lot more efficient and be beneficial to the taxpayers in the long run; is that correct? MR. DeLONY: Yes, sir. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Mr. DeLony, how much of the site would be for future growth of your department? MR. DeLONY: Yes, sir, and thank you for the opportunity to answer that question, because that's something that we're going to Page 124 June 24, 2003 have to address as we finish the site development plan. We'll have to take a hard look at what is currently -- we're currently using in terms of square foot, and then add to that what we assess to be the deficiency or how much -- like Teryl Road's just two acres, and it's just -- it's well under even serving the current clientele in terms of space and facilities. So I've got to put that number together, add it to the space deficiency, take a look at those two numbers, look at the available, make that subtraction, and I would believe that difference would most probably be eligible for impact fees as opposed to totally user fee funded, so that would be -- that would be that portion of this facility, which we would reserve for future growth in our utility systems. That's the methodology we're looking at now. I haven't been able to make that -- to present it to you today, but it's certainly something that we will do as we look and we tally the costs, and we'll bring that back to the board. Mr. Mudd? MR. MUDD: Can you give the commissioners an idea on percentage? MR. DeLONY: No, not today, I really can't. It's somewhere between zero and 50, I'm sure, but I don't know if I'm any closer with that, with regard to my assessment today. CHAIRMAN HENNING: Is there adequate space for your existing employees? MR. DeLONY: Yes, sir. CHAIRMAN HENNING: Okay. You're confident of that? MR. DeLONY: Yes, sir. CHAIRMAN HENNING: Could you guess at the possible expansion of your -- you know, that's great to use impact fees, but I'd hate to see you having to move out of that facility in another three to four years because of your growth. MR. MUDD: Okay. Jim, let me help a little bit. Page 125 June 24, 2003 Commissioner, if you take a look at this slide, and I think it's a way to try to start to get -- to add some concreteness to what you're talking about. If you look at the things that are in yellow right now, these are facilities within those two buildings that are under lease, okay, to outside agencies. So Mr. DeLony knows that he's got these particular spaces that he can use for his existing -- his existing employees. And over the next five years, as these leases expire, that will be the future growth. So I can -- I can, as a rough guess, go in there and start looking -- CHAIRMAN HENNING: About a third. MR. MUDD: -- at the square footages of that, and I know it's -- and I know it's above zero, but I also know it's not above 50 percent, and it's one of the things he can look at. But I give that to you because I -- CHAIRMAN HENNING: Okay. And that helps me out -- MR. MUDD: Yes, sir. CHAIRMAN HENNING: -- county manager. Commissioner Coletta had a question? MR. DeLONY: I guess one thing I do want to -- the county manager did -- that we are getting rental on that space while we're waiting to use it. CHAIRMAN HENNING: Okay. Great. COMMISSIONER HALAS: I make a motion we approve. COMMISSIONER FIALA: Second that motion. MS. CHADWELL: If I might interject. I'm sorry. I thought Mr. DeLony was going to -- MR. DeLONY: I am. CHAIRMAN HENNING: No, we're not. MR. DeLONY: I was going to ask about the super majority. MS. CHADWELL: Okay. I'm sorry. Ellen Chadwell for the record. I'd just like to ask that you incorporate in your motion that the Page 126 June 24, 2003 purchase of this property, as well as the incidental assumption of the leases on the property is -- does serve a public purpose and remind you that because staff is recommending a purchase price that exceeds the average of the two appraisals, that we will need a super majority, or an extraordinary vote, which is four of the five votes today. Thank you. MR. DeLONY: Thank you, counselor. COMMISSIONER COYLE: All of our votes are extraordinary. CHAIRMAN HENNING: Commissioner Coletta, you had a question? COMMISSIONER COLETTA: Well, it was on the leased property, but I think it's been fairly well answered. And one of the things we can do, too, if we for some reason we can't adequately use a piece of -- part of it, maybe we might be isolated by leased property from using one end, we could always come up with a short-term lease to be able to make sure we're turning the dollars. I'm sure at no point in time will this facility even be partially empty. I assume that. That's correct, right? MR. DeLONY: Sir, I just can't see it happening. We've got-- we're growing significantly in terms of our customer base, we're very deficient in our current facilities, and I think we've got a good transition here between here and there with using these leased properties and the leases we have to wield that. COMMISSIONER COLETTA: I'll make a motion for approval. CHAIRMAN HENNING: Okay. There's already a motion on the floor. COMMISSIONER COLETTA: Forgive me. COMMISSIONER HALAS: Yeah. And I'll add-- COMMISSIONER FIALA: And I seconded it. COMMISSIONER HALAS: Yeah. And we'll add that verbiage that you requested, that the county attorney had requested. We'll put Page 127 June 24, 2003 that in also with the motion. COMMISSIONER FIALA: And my second. MS. CHADWELL: Thank you. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Okay. Any further discussion? (N 0 response.) CHAIRMAN HENNING: All in favor of the motion, signify by saYIng aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Thank you. MR. DeLONY: Thank you. Item #10F EXP ANSION OF THE PREVIOUSLY APPROVED FOUR LANE PORTION OF THE GOODLETTE FRANK ROAD PROJECT, FROM CENTER STREET TO ORANGE BLOSSOM DRIVE, TO A SIX LANE PROJECT AND APPROVE THE EXTENDED USE OF THE PREVIOUSLY APPROVED CONTRACTOR AND CONSULTANTS, AJAX PAVING INDUSTRIES, INC., JOHNSON ENGINEERING, INC., AND PBS&J INC., PROJECT NO. 60134 - ~OVED MR. MUDD: The next item is 10(F), Commissioner, and that's to approve the expansion of the previously approved four-lane Page 128 June 24, 2003 portion of Goodlette-Frank Road project from Center Street to Orange Blossom Drive to a six-lane project and approve the extended use of the previously-approved contractor and consultants Ajax Paving Industry, Inc., Johnson Eng -- Johnson Engineering, Inc., and PBS&J, Inc., project number 60134, and Mr. Feder will present this item. CHAIRMAN HENNING: Commissioner Fiala has a -- COMMISSIONER FIALA: Mr. Feder, you've done a great job outlining it for us. I think it's something we need to do, so I make a motion to approve. CHAIRMAN HENNING: Okay. Commissioner Fiala makes a motion. Is there a second? COMMISSIONER COLETTA: Second. MR. FEDER: Mr. Chairman, if I could, one thing I would like to add to make it clear is, in your approval of proceeding forward on this, we would then seek to negotiate with each of these three. Again, we're talking about quantity additions. We've worked that through with our purchasing and with the clerk's office to make sure we're comfortable with the contracting provisions. The change orders would then be appropriately handled either as a report to you or with their magnitude, come back to you for approval. COMMISSIONER FIALA: Thank you. CHAIRMAN HENNING: Okay. Any further questions? (No response.) CHAIRMAN HENNING: There was a motion by Commissioner Fiala and second by Commissioner Coletta to accept staffs recommendations. So all in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. Page 129 June 24, 2003 COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Item #1 OJ APPROVING A LANDSCAPE INSTALLATION AND MAINTENANCE AGREEMENT AMONG WCI COMMUNITIES, INC., HAMMOCK BAY OWNERS ASSOCIATION AND COLLIER COUNTY FOR LANDSCAPING ALONG MAINSAIL DRIVE (FOR INSTALLATION OF A NEW CURVING SIDEWALK, LIGHTING IMPROVEMENTS, ENHANCED LANDSCAPING, AND IRRIGATION INSTALLATION- ~OVED WT.IH:LHANGES MR. MUDD: Commissioner, with your -- Mr. Chairman, with your concurrence, I'd like to do item 10(J). CHAIRMAN HENNING: Okay. MR. MUDD: It was brought by Commissioner Fiala. It used to be 16(B) 1, and the issue at hand was five what. It's five working days. COMMISSIONER FIALA: Oh, okay. MR. MUDD: And it has to do with the WCI landscaping agreement. COMMISSIONER FIALA: Thank you. That's all I needed to know. CHAIRMAN HENNING: Would you like to make it a motion? COMMISSIONER FIALA: Yes. I'll make a motion to approve as corrected. CHAIRMAN HENNING: And I'll second that motion. Page 130 June 24, 2003 Any discussion on the motion? (N 0 response.) CHAIRMAN HENNING: All in favor of the motion, signify by saYIng aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (N 0 response.) CHAIRMAN HENNING: Motion carries, 5-0. Item # 1 OG APPROVING GUARANTEED MAXIMUM PRICE (G.M.P.) OF $34,402,176 FOR CONTRACT NO. 98-2829, AMENDMENT #4 TO KRAFT CONSTRUCTION, INC., FOR THE CONSTRUCTION OF THE PROPOSED NAPLES JAIL ADDITION AND RENOV A TION, PARKING DECK AND CHILLER PLANT ~-AE.EROVED MR. MUDD: Commissioner, that brings us to 10(G), which is to approve a guaranteed maximum price, GMP, of$34,402,176 for contract number 98-2829, agreement number four to -- no, excuse me -- amendment number four to Kraft Construction, Inc., for the construction of the proposed Naples Jail addition and renovation, parking deck, and chiller plant expansion. And Mr. Camp will present this item. MR. CAMP: Good afternoon. For the record, Skip Camp, your facilities management director. The amendment before you is part of the contract you had Page 131 June 24, 2003 previously approved related to the Naples Jail project. It does two things. It establishes that the guaranteed maximum price, GMP, of $34,402,176 incorporates the issues addressed in the clerk's construction audit. Staff will return to the board on a consent agenda item when a design fee is negotiated for the completion of the third floor and stucco repair. We also request approval of the labor fee schedule that was inadvertently left out of the amendment package, which I have a copy of. Do you have any questions? CHAIRMAN HENNING: Questions by the commissioners? MR. MUDD: One more -- you went kind of fast. You've incorporated all of those things that the clerk had found in his previous audit when he did the library as far as a guaranteed maximum price contract; is that correct, Mr. Camp? MR. CAMP: Yes, sir. CHAIRMAN HENNING: Okay. Mr. Camp, we're going to be doing some other expansion on the facility . Would it be an appropriate time to facilitate the chiller plant addition for other upcoming capital improvements? MR. CAMP: Well, actually, that's a good question. We've split the project, the chiller plant project in two. The first phase is to accommodate the jail and that's -- will be paid for by impact fees, and then the second part will be the annex, which will be paid for differently in a different design. So we've actually split the design, the chiller plant, to accommodate both projects. CHAIRMAN HENNING: Okay. Is that -- both those projects is what we're looking at today or is that -- MR. CAMP: No, you're -- CHAIRMAN HENNING: -- something else? MR. CAMP: Today you're just looking at the jail project-- Page 132 June 24, 2003 CHAIRMAN HENNING: Okay. MR. CAMP: -- not the annex. COMMISSIONER HALAS: Is this going to be cost effective? MR. CAMP: Absolutely. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Any further questions? (N 0 response.) CHAIRMAN HENNING: All in favor of the motion, signify by saYIng aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, unanimously. COMMISSIONER FIALA: What motion? Who made the motion? CHAIRMAN HENNING: Didn't you make the motion? COMMISSIONER HALAS: No. CHAIRMAN HENNING: Oh. We don't have a motion. What did we vote on then. Geez, what's going on here, folks? COMMISSIONER COLETTA: I'll make a motion. CHAIRMAN HENNING: Commissioner Coletta made a motion to approve staffs recommendations. COMMISSIONER COLETTA: Just now. COMMISSIONER FIALA: And I'll second it. CHAIRMAN HENNING: And Commissioner Fiala made a second. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. Page 133 June 24, 2003 COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, unanimously. Item #10H FUNDING FOR WATER RELIABILITY IMPROVEMENTS IN THE AMOUNT OF $3,380,500, PROJECT 70094,70893,71011 - ~OVED MR. MUDD: The next item, Commissioner, is item 10(H), and that's to approve funding for water reliability improvements in the amount of $3,380,500 for projects 70094, 70893, 71011. And Mr. Karl Boyer will present. MR. BOYER: Hello. My name is Karl Boyer. I'm a principal project manager working with your public utilities engineering department. Today I'm here to ask you to approve funding that will jump-start a proactive, multifaceted program related to assuring that our water customers will receive consistent and reliable water servIce. As some of you may recall, last year at this time we were in a situation. We came to you with an urgent need. We didn't have enough well to provide a reliable supply of water. A crisis was looming, but thanks to the decisive action by the board, we were able to successfully add six new wells and avert a crisis for this past peak season. MR. MUDD: You want to describe that a little bit? Page 134 June 24, 2003 MR. BOYER: I'll go on to it a little bit further later. MR. MUDD: Okay. MR. BOYER: Well, the thing is, we don't want to go in a crisis mode again. That's why I'm here, asking you to fund a program that will go a long way to keeping us better prepared to meet tomorrow's challenges before they became a crisis. I've prepared a brief presentation for you here today . You'll hear an overview of our long-term plans, a current status report of where we are today, and details of our proposed near-term reliability improvement program. If you wish, I can proceed further with this, if the board wishes. Okay. The proposed program consists of a forward looking plan to acquire new well sites as an extension to our existing well field, which supplies water to the North County Regional Water Treatment Plant. We also -- I'll refer to that during our presentation as the north plant. The program is proactive because the plan is to acquire new well sites before we actually need them. The programs also includes some in-plant renewal and upgrades, the harden (sic) unit processes, and improve their reliability in advance of peak season, 2004. The proposed program is consistent with strategic goal number one, which is to plan for the development and reliable infrastructure and capital resource management processes in order to meet demand. The proposed program is consistent with our recent update to the water master plan. That plan identified the need for $741 million in capital improvements over the next 20 years. So first let's take a look at where we are. Again, here's the figure I showed earlier. We have two regional water treatment plants which provide three different unit processes. The south water plant, which is this top rectangle, is a lime softening plant which is supplied water from Page 135 June 24, 2003 the lower Tamiami Aquifer. The north plant is actually two plants in one. What I mean by that is, that is because the north plant consists of two separate liquid stream processes. The 12 million gallons a day membrane softening process is supplied water from the lower Tamiami Aquifer. The eight MGD reverse osmosis process, also known as the RO process, is supplied brackish water from the lower Hawthorn Aquifer. It's this eight MGD RO process in the lower Hawthorn Aquifer that is going to be our focus of attention here today. Currently the well -- RO well field has 16 lower Hawthorn wells. Eight of them are currently available for continuous duty. Four wells are out of service because of high salinity; four wells are unreliable for various reasons. The north water plant needs at least eight wells to be able to realize its existing eight MGD capacity. Now, the slide right before that, I said we have eight wells that can provide continuous duty; four of them are questionable. So we're right on the margin now as far as, do we have enough wells to run that plant at full capacity. We need at least 10 wells to meet the master plan criteria of having at least 20 percent reliability built into our well field. Thanks, Jim. We are currently investigating the causes of the problems with the four questionable wells. My best guess is that we'll be able to return the equivalent of two wells in time for next peak season. So we're -- we should be able to have at least 10 wells available for us for continuous duty at the start of this next peak season. Again, that puts us right on the margin. Not a comfortable place to be in, so our choices are, let's move forward and get some more well sites, knowing that we've got some questionable wells, or we can wait and see what happens and then get ourselves maybe in another crisis situation. I'm here to avert that situation. Page 136 June 24, 2003 We're also completing some in-plant reliability improvements that the board had authorized us to do last year, including boosting RO feed pumps -- that's scheduled for next year -- and boosting disinfection to comprehend a bypass that was very instrumental in helping us get through this past season. We're also completing an in-plant reliability assessment and predictive maintenance program. Now I'd like to talk to you in more detail about our near-term plans. I mentioned that we're -- we have marginal capacity going into peak season, 2004. We also have to recognize that we're seeing an increased trend in salinity in the water supply wells. We've already had four wells become so saline that they're almost impossible, if not too difficult, to use. We're seeing that trend continue to the move to the east part of our well field, and now we have another well that's starting to see increased salinity. The proactive approach here is that, again, we're right on the cusp of whether or not we're going to have a crisis. Let's move forward thinking that we may lose some more wells in the future, either due to salinity or mechanical reasons or geohydrologic formation problems. The program that we're proposing is multifaceted in that it's involving engineers, hydrogeologists, and also our real property folks. To get a new well field, we need real property. Where are we going to locate those wells? That's what we're going to -- that's part of our plan, and I'm ready to present that to you here now. The reliability improvement program that we're asking you to fund at this point in time consists of the in-plant reliability improvements for four hundred five thousand dollars and five hundred dollars (sic), a saltwater RO feasibility study is in our plan as well, however, we're not asking you to fund that at this moment. Page 137 June 24, 2003 That is in the budget for next year. We may be coming forward to you later to ask you to fund that 150 dollar study (sic) -- $150,000 study. But it's the last two items that are the big ticket items. The lower Hawthorn well field extension is about an $8.2 million project of which we're asking you to jump start that with $2.355 today. That particular project is consistent with the master plan. Also we're looking at mid Hawthorn wells. What are mid Hawthorn wells? It's just the same as a lower Hawthorn well, it's just not as deep and it will not yield as much water. By not going as deep, the salinity won't be as -- as severe as the lower Hawthorn well. But again, the yield will be about half of what we can get out of the lower Hawthorn well. Our 2002 master plan update recommended that we investigate the feasibility of a mid Hawthorn well field, and we are going to do that. The first phase of that particular program will be, let's see if we can't punch a couple holes on county-owned property right now and see what kind of yield we can get out of those. Based on that, then we'll look at what kind of real property needs we have associated with the mid Hawthorn well field. That is about a $6 million project over the next couple years. Okay, Jim, thanks. This is a map showing our existing well field along Vanderbilt Beach Road Extension. The water treatment plant is situated right here, where I'm pointing my -- lower left corner there, and then it runs to the east. It's the first few wells running to the east that we're having the salinity problems with. Our new wells that we just installed this past year are out here on the eastern extremity of the system, and they're all producing very good quality water at a fairly good yield. That's what got us through the season this past season, having those wells online. Talking to our hydrogeologists and real property folks, we've Page 138 June 24, 2003 identified three potential legs to extend the well field so that we can acquire some more property. We've identified these on the drawing as phase one, alternate A, phase one, alternate B, and phase one, alternate C. Two of the legs are going north toward Immokalee Road. The other one is going east, out toward Wilson Boulevard. The proposed plan is to construct some geo -- hydrogeologic testing wells, we'll do the borings, see what kind of formations we have down there, and actually pump the holes to see what kind of yields we can get in terms of quantity and quality. Those particular holes we're looking at on the extremities of our proposed alignments with these big circles here. There's one on Immokalee Road here, one on Immokalee Road up here, another one on the end of Second Avenue, which is a dead-end road out in the estates. The key to this project from a schedule standpoint is that it takes two and a half years to develop this well field. That's a long time. It will take longer if we cannot get access to these potential test hole sites. The test hole sites were intentionally located on property that we feel we can gain rapid access to. Immokalee Road, there's a real property acquisition program going on. We think we can punch a hole within the road right-of-way. And the Second Avenue, we think also we can stay within the road easement on a dead-end street without impacting the area too much. So we're encouraged by that, that -- these alignments that have been preselected. There's nothing that says these are -- findings are fixed. It's wide open at this point in time. We're just letting you know that our plan is to evaluate three alignments, perhaps more, with the intent of securing well sites for four to six wells. MR. MUDD: Before you take that off, Karl, Commissioners, Page 139 June 24, 2003 you'll notice this one -- this one proposed monitoring well site that sits here on Richmond. I've had conversations with the Heritage Bay folks, and one of the things I've talked about is to work an easement up their east side for about a mile and a half. And if you look at their proposed site development plan, they've got this big colored thing where all the little cul-de-sacs are going to show up off the lakes and things like that, to talk to them about an area where we could put a -- lines and some wells in that particular case as part of their PUD. So I've already opened that dialogue. And then I would ask Mr. DeLony, in concert with Mr. Schmitt, to talk about this particular area to the south. And I think we've probably had some conversations with some folks today about that as it goes back to the Planning Commission for future deliberation. And there might be some opportunities to help us with the real estate aspects of this. MR. BOYER: Before we take it off there, Jim, I want to show one more thing, and that is this little space here called phase two. The county owns a property right in here, which is a future park site. That's where the well field takes the bend to the north. We're just hugging the side of the county's property along the park side. We've identified phase two as a possible place to put one, two, or three wells, but we're concerned that clustering the wells too close together is a problem from a hydrogeological standpoint. We don't want to influence the drawdown of too many wells close together, so you try to spread them out. Our general guideline is space our wells about a quarter mile apart. But in this particular plan we would cluster them too close together for our hydrogeologist's comfort, so we would ask that you also include in this proposed funding, an initial study to evaluate from a hydrogeological modeling standpoint, how many wells could this alignment actually support. Could it support one or maybe two. We're going to find out. And if so, we could punch a hole in the Page 140 June 24, 2003 ground and have it in operation within 18 months, in time for peak season 2005. Okay, Jim. These next slides go into each of the different legs of the well field with some more detail. With your pleasure, we can go through those. Mr. Chairman? Okay. CHAIRMAN HENNING: Commissioner Coyle, you have questions? COMMISSIONER COYLE: Yeah, I have -- I have a number of questions, and maybe we can -- CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER COYLE: -- get to the bottom line on this thing. But first I need an assessment of water production versus water demand, and I don't see that. I see the 32 million gallons of water production. I don't know what the demand is at that time. If I recall the last time we went through this, we were peaking at about 26 to 28 million gallons a day, and that was last year. And what I need to understand is, if we're talking about 18 months from now, what is our demand going to be 18 months from now? MR. BOYER: Paul Mattausch is here, and he can address your peak-season demands. COMMISSIONER COYLE: Okay. MR. BOYER: He has that experience. MR. MATTAUSCH: For the record, Paul Mattausch, director of the water department. We had -- we experienced a peak day this season of about 30 and a half million gallons in a 24-hour period. We had a maximum average day month in February of a little bit over 26.7 million gallons a day. So right now, as far as our capacity, we are -- we are really pushing capacity. The south plant RO expansion is scheduled to come online Page 141 June 24, 2003 before season 2004, so we will have that capacity by season 2004. That's an additional eight million gallons a day of reverse osmosis capacity. The -- the critical thing here is making sure that -- that all of our constructed capacity has the reliability available so that we can meet peak demands, peak day demands, and in the event of additional demand that may be placed on the system, which would include a fire. We just need to -- we just need to make sure that we're reliable at that point. COMMISSIONER COYLE: Okay. But do we know -- can you quantify that for me? Can you tell me what is the projected demand over the next 18 to 24 months, and what is our capacity? And really, in order to understand it effectively, I need to know the effective demand on each water plant, north and south, and what is the capacity of north and south. And even though you're going to have additional capacity on the south water plant of eight million gallons a day, are you able to transfer enough of that northward to service the demand from the north water plant if it runs short? So those are the kinds of questions I need to have answered. MR. DeLONY: Yes, I understand. First of all, let's get -- let's cut to the first part. We operate a total system. COMMISSIONER COYLE: Yeah. MR. DeLONY: In other words, where it's made is irrelevant to the customer and our ability to deliver it. COMMISSIONER COYLE: So you can deliver it -- you've got the lines to deliver it, no problem. MR. DeLONY: We're a totally integrated system. We have one system. COMMISSIONER COYLE: Okay, okay. MR. DeLONY: And got linked -- unlike our sewer system currently, and we're working hard to get there, but the bottom line is Page 142 June 24, 2003 COMMISSIONER COYLE: You don't send it through the same pipes? MR. DeLONY: No, sir, we surely do not. Absolutely. And, you know, it's linked to storage. There's a lot of factors at play here in terms of our system's ability to meet capacity demands. Plant capacity. You've talked about the 32 MGD plus the eight coming online, for a total of 40. That's a plant capacity. Behind that you've got to have a well field capacity to furnish the raw water for those plants to produce. It's not a gallon for gallon transfer. The case of reverse osmosis water, we need -- we only get three quarters of a gallon for a gallon of raw water, okay? So you've got to have wells to feed that process, and you have to do that with -- and then lastly, you have to have your system storage right with regard to management of those storage tanks, they're at the right level with the right chloride levels, and you've got that -- that system working. And then Pam Libby's got to make sure the pipes are fixed. So throughout those four components, we balanced our ability to deliver demand against our system capacity, not just plant capacity. So if I've helped you a little bit in understanding how we manage water, it's not upon a plant basis, but rather on a system capacity. COMMISSIONER COYLE: Okay. Now, I just -- I just need to get my arms around total demand 18 months from now -- MR. DeLONY: Right. COMMISSIONER COYLE: -- projected. MR. DeLONY: Our peak -- COMMISSIONER COYLE: And total water production capability. MR. DeLONY: Our peak demand this season on the monthly basis was 28.6 MGD. COMMISSIONER COYLE: Okay. MR. DeLONY: That was our -- of course, you know you've got Page 143 June 24, 2003 peak day -- COMMISSIONER COYLE: Yeah. MR. DeLONY: -- peak month. But it was about 28.6, okay? We can anticipate by experience anywhere from five to seven percent increase this next season against that peak. There are a lot of factors that will influence that, the weather, our conservation rates coming into effect with regard to he who uses the most will pay the most, okay? But in the end, about seven percent, five to seven percent, is what we're looking terms -- in terms of a peak. COMMISSIONER COYLE: So we're looking at a little -- right around 30 million gallons a day as average peak daily demand? MR. DeLONY: On a monthly basis. COMMISSIONER COYLE: On a monthly basis? MR. DeLONY: Right. COMMISSIONER COYLE: And our water production capability right now is around 32 million gallons per day? MR. DeLONY: You've got to be careful with that, because that does -- that's total, everything running, nothing breaks. And you've got to look at a reliability factor -- normally within a system, you know, component of a system, you look at reliability as if the largest component was off line. COMMISSIONER COYLE: Okay. MR. DeLONY: Okay? And so we look at -- probably, in my view, we have about 28 MGD reliable. When you take the total system picture in terms of plant, we should be operating a reliable number of 28 MGD. COMMISSIONER COYLE: And that might not be enough, even right now? MR. DeLONY: We are very, very determined to make sure that south plant comes online so we have that capacity available to us to produce potable water for Collier County. Page 144 June 24, 2003 COMMISSIONER COYLE: Another eight million gallons a day? MR. DeLONY: Yes, sir. COMMISSIONER COYLE: Now, the -- okay. Here's my problem. We've been -- been drilling wells along Livingston Road and we've been seeing them increasingly become more saline. MR. WEIGEL: Vanderbilt. MR. DeLONY: Vanderbilt. COMMISSIONER COYLE: I'm sorry, Vanderbilt, Vanderbilt Road. MR. DeLONY: Vanderbilt Extension. COMMISSIONER COYLE: Yeah, yeah. MR. DeLONY: Yes, sir. COMMISSIONER COYLE: And it appears to be moving from west to east. And I would suggest to you that we ought to make a fairly bold move here and assume that it will continue moving from west to east, consequently we shouldn't drill any more wells there, that we really ought to go somewhere else and drill some wells. Of course, drill a test well first to test the hypothesis that we can get water someplace else. But I consider it, at least it's my feeling, that drilling more wells in that particular area is, in the intermediate term, probably wasted money unless you're -- unless you're moving in the direction of converting that plant to RO processing capacity. And if you are, how quickly can you get the skids into that plant -- MR. DeLONY: Right. COMMISSIONER COYLE: -- to take that saline water and process it? How close are we from being able to do that? MR. DeLONY: Let me make two comments. I'll, first of all, answer the last one first. This executive summary has a feasibility study to look at saltwater RO; in other words, an RO process which will accept Page 145 June 24, 2003 higher saline water than our current skids do in our north plant, or in our south plant, for that matter, the new ones. So we'll look at that and see what that will give us in terms of costs and benefit and opportunity so we can utilize those high saline wells without digging any more wells. We're going to take a hard look at that and see if we can stomp those out. COMMISSIONER COYLE: How quickly can -- how quickly can you determine if that's possible? MR. BOYER: Well, the study can be done within six months or so, starting in October. But the long-range plan, to actually implement a project of that is several years, sir, three to five years. MR. DeLONY: See? Here's -- and let me answer the second part, about going other places. You're absolutely on the mark, and that's the reason that this plant has as a component -- actually the first component -- is go out and punch those monitoring wells and see if we can approve or disprove the hypothesis that you suggest that we have with regard to the deteriorating water quality in this area in terms of saline. Can't say that -- that today. I just really can't. When we put those wells in at Vanderbilt, we were pretty much in a got-to-do-it basis. We're trying to avoid that now. We got eight wells; we don't have nine wells. We need eight wells. We're going to bring on two more. That will give us 10. And we're going to keep our fingers crossed, but that's not good enough. As Karl said, we're going to do this monitoring. We'll pick up __ pick the best leg to pursue in terms of real estate and development from the standpoint of the hydrology that we find, and we'll move on and come back to the board with that recommendation. It's broad. We're looking at a leg here, a leg there. Mr. Mudd showed you another one that actually bends back to the south along 951. That's the kind of work that I think that speaks to you. Let's don't stick with the same horse on this race. Let's go get a couple Page 146 June 24, 2003 more. And I think that's -- this strategy allows us to do that, sir. COMMISSIONER COYLE: And one other question I need to pursue. Your strategy of installing RO capabilities here, you've been doing it a long time, but we're getting more and more water produced through the RO process. I think it's a really smart move, and it's a lot cheaper, as I understand it, to draw this brackish water out of the lower Hawthorn and treat it than it would be to take sea water in-- MR. DeLONY: Absolutely. COMMISSIONER COYLE: -- and treat is through -- so it's a much less expensive process -- MR. DeLONY: Yes, sir. COMMISSIONER COYLE: So it's a smart thing to do. MR. DeLONY: Yes, sir. COMMISSIONER COYLE: The problem is, do you expect that the saline levels of these particular wells will increase to the point where you will have to put in far more expensive RO processing capability? MR. DeLONY: No, sir. I don't access that at this time. I don't have the geology nor the hydrogeology to give that to you. These formations should stay stable in terms of the recharge and the salinity levels we do. But the testing is going to be very important. We will not -- we will not put any production wells in place without adequate testing of the hydrogeology that's in place. COMMISSIONER COYLE: Okay. MR. DeLONY: But again, sir, I've got to tell you, a lot of this is guesswork, you know, you -- in terms of what you find and what you find over time as the wells begin to settle in. Mo -- and it's done without influence. It's just the way Mother Nature's going to treat us with regard to that aquifer. And I'm not saying this is some kind of, you know, weird science here. I'm suggesting to you that it takes a lot of judgment with regard to how they -- those aquifers perform, and that's the Page 147 June 24, 2003 reason we're making sure we're going to hire not only the best consultants, make sure we've got the full focused attention of this board with regard to any processes that we perceive. COMMISSIONER COYLE: It's just my personal opinion that since you've already got wells sunk in the ground and assuming they are, in fact, producing sufficient raw water, it appears to me that we ought to find a fast way of getting RO processing capabilities in there. And I don't understand all the engineering elements of that, but it seems to me that we could be able to -- we should be able to do that faster than we could go drill wells somewhere else and bring up conventional processing capabilities. MR. DeLONY: Take a look at it and let you know. That's about the best I can do at this stage of the game. COMMISSIONER COYLE: Yeah. It just seems to me that getting the skids and bringing them in there -- MR. DeLONY: But the cost is ex -- going to be high because those are new skids. That's a new process and whatever -- COMMISSIONER COYLE: I understand. MR. DeLONY: That's the weighing of the cost and the benefit that you spoke to to me earlier. COMMISSIONER COYLE: Yeah. The only downside is we don't have any water to drink. And under those circumstances, I'm willing to pay a little bit more. MR. DeLONY: I understand exactly. I believe, sir -- and with candor, that if we're able to pursue this strategy and come back to you with our recommendations, we'll be okay. If we wait around, you know, kind of, you know, make hope a method here with regard to our wells in the north well field and their reliability, I don't -- I can't make that same assessment for you. COMMISSIONER COYLE: Well, if -- ifit begins to look like we're going to have a problem, we need to know as quickly as Page 148 June 24, 2003 possible because we need to do something about controlling water demand. MR. DeLONY: Absolutely. COMMISSIONER COYLE: And we need to do that well in advance. So I'd encourage you to proceed with that RO evaluation rapidly. MR. DeLONY: Thank you, sir. We'll take that guidance and move forward. MR. MUDD: Commissioner-- CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Couple of questions. I hope I can remember what -- I've been waiting so long here. The mid Hawthorne well, you said that, first -- CHAIRMAN HENNING: Oh, boys, behave. COMMISSIONER HALAS: First of all, that we were -- the production level of those were going to be a lot less than the deeper Hawthorne wells. What are we looking at as far as production of water in -- percentage-wise compared if we went to a deeper level? And then also, what is the life expectancy of these new wells if we -- when we go ahead and drill them? Is there any way of putting a life expectancy on these? MR. DeLONY: You get a two for one. The mid Hawthorn wells are about half -- that aquifer will produce, in terms of flow, about half the flow of a lower Hawthorn well, in terms of that aquifer's performance. That's what we know right now. Now, monitoring may give you a better answer with regard to that, so obviously lower Hawthorn is a more bang for the buck given the well head. That also has something to do with the -- well, excuse me, Paul, go ahead. The thing with deficiency . No, I'm okay. All right. I thought maybe you had something else. The bottom line is it's two for one. I prefer lower Hawthorn over mid Hawthorn any day of the week. Page 149 June 24, 2003 COMMISSIONER HALAS: And what do we get on the lower Hawthorn? MR. DeLONY: About a million. COMMISSIONER HALAS: About a million gallons? MR. DeLONY: Yes, sir. MR. MUDD: A million per well. MR. DeLONY: About a million, about a million of raw water. Now, that's not pro -- that's not finished water. Finished water would be about 750,000 gallons. COMMISSIONER HALAS: Right. MR. DeLONY: But a lower -- mid Hawthorn well is about half the size of that. COMMISSIONER HALAS: Okay. And what do you anticipate is the life expectancy of these wells? Do you have any -- MR. DeLONY: Sir, you know, Mother Nature's going to tell me. We'll -- we monitor the salinity of those on an often basis. We -- you know, and the performance, we let them rest, though sometimes they'll come back. We'll treat them with chemicals, we'll continue to keep them in operation as long as we're able to. COMMISSIONER HALAS: Okay. MR. DeLONY: And that's what caught up with us a year ago is that, you know, we lost six of our wells really within a very, very short period of time. And not being able to forecast that other than react to it in terms of drilling the six additional wells. MR. MUDD: Those six -- and by the way, Commissioner, those six additional wells that were drilled, okay -- and we were in the crisis mode in order to do it -- have been in the fully production mode this entire season and still in fully production mode. We're only using two of the lOin order to come up with that eight. So I just want to let you know that those six weren't just sitting idly by. We had to use them and we're using them right now to help us get the eight million gallons that we need of finished water RO. Page 150 June 24, 2003 COMMISSIONER HALAS: This is another hypothetical question, and I don't know if you have the answer for it. The four wells that are producing the salinity, high salinity rates, if we take those out of production, do you feel that in the future we could bring those back online and they would stabilize to a level to where we could use that water? MR. DeLONY: Well, we don't know. COMMISSIONER HALAS: Okay. MR. DeLONY: We have four that are out of production right now. We've tried to bring them into standards with regard to the salinity. Not able to do that. Now, those wells could very well be the four future wells for this RO skid that Commissioner Coyle was speaking to in terms of saltwater or more salinity type, going to a different skid or different process. They could be the wells we use for that. The four that we have currently that we're rehabbing, as Karl indicated, we think we'll get production capability of equal to two in terms of our ability, and that's going to be what we're going into next season with, would be those two wells -- COMMISSIONER HALAS: Last question. MR. DeLONY: -- or the equivalent of those two wells and the eight. COMMISSIONER HALAS: What's the salinity rate of a good well? MR. DeLONY: Paul? MR. MATTAUSCH: We currently are averaging around 2,500 milligrams per liter of total dissolved solids in the range of 2,000 to 3,000. COMMISSIONER HALAS: In laymen's terms, what percent would that be? MR. MUDD: Fifteen percent. MR. MATTAUSCH: It's about 15 percent of the concentration Page 151 June 24, 2003 of seawater. Okay. The wells that are producing the high salinity are up in the range of 10 to 11,000 milligrams per liter. MR. MUDD: Which is what percent? MR. DeLONY: Fifty percent. MR. MATTAUSCH: Which is -- yeah, about 45,40 percent. COMMISSIONER HALAS: Wow. Thank you very much. MR. DeLONY: Yes, sir. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. Question. I know that this is a science that we're learning as we go along and there's a lot of unknowns. How about our neighbors to the north where they have heavier population, and they must be drawing from the same aquifer, are they experiencing the same problems? MR. DeLONY: Let's see. Lee County, do you have anything -- feedback from Lee County on that? MR. MATT AUSCH: Lee County is just -- just beginning to build reverse osmosis. Cape Coral has been using reverse osmosis. They've seen some -- some increasing salinity, however, not to the -- not to the percentage that we saw in those wells. COMMISSIONER COLETTA: How about Charlotte and Sarasota; has there been anything up in that direction where they would have a very heavy demand for water? MR. DeLONY: They use surface water and Tamiami, we're too shallow -- MR. MATTAUSCH: The majority -- the majority of those communities are using freshwater and not reverse osmosis. COMMISSIONER COLETTA: Thank you. MR. MUDD: The thing -- the newest thing that came up is in-- is in Hillsborough County where they put a new -- and it's basically saltwater right out of the bay there, and they hooked it in with the power plant, and I forget what they call it, big river or whatever it is, Page 152 June 24, 2003 okay, in an RO plant, and that's producing a significant amount of water for Hillsborough County. But they're going directly sea water. As far as using brackish water from the lower Hawthorn and -- you are pretty much on the cutting edge of that in the State of Florida. And I will tell you, the problem we're having with salinity of wells, we've got the Florida Department of Environmental Protection's attention on this one. Because I will tell you, the future of water supply in the State of Florida is very dependent upon what we're doing, and they're looking real hard at that particular issue. Because if you look at our '25 water, plan 2025 that we see from the South Florida Water Management District, they're looking at this and going -- you know, they've been very -- and they've been very flexible with us if we had to take more water out of lower Tamiami, freshwater during high season or whatnot in order to treat because we're having these difficulties with our brackish water supply. COMMISSIONER COLETTA: You know, it only makes sense, with all that we're giving up as far as the Picayune State Forest and our lands out to the north and the Everglades, the Everglades restoration is supposed to be restoring water to the ground. Is there some point in time we might be able to put a well field in that area and draw the freshwater off that we're restoring, try to compensate us for our loss? MR. MUDD: Commissioner, it's a good-- CHAIRMAN HENNING: Commissioner Fiala? MR. MUDD: -- question, and I'll carry it forward as an item of interest. COMMISSIONER COLETTA: Because, once again, if you can get the freshwater, you're going to be able to save a lot of money, MR. DeLONY: Absolutely. You know, the lower west coast water plant calls specifically for exploitation of deeper salty aquifers to meet the demand. And we're on that trace -- Page 153 June 24, 2003 COMMISSIONER COLETTA: But once again-- MR. DeLONY: We're on that trace. COMMISSIONER COLETTA: -- we're paying a price, we're giving up something, we're entering land in the conservation, we're going to be able to increase the water storage areas. We're talking about flooding certain areas. There should be a payback someplace. Where's this water going? CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER HALAS: Miami. COMMISSIONER FIALA: Just a -- just a simple question. Is this mid Hawthorn separated from the lower Hawthorn? MR. DeLONY: Yes, ma'am. COMMISSIONER FIALA: Okay. MR. DeLONY: Yes, ma'am. Physically-- COMMISSIONER FIALA: Yes. MR. DeLONY: -- two different depths, physically two different sources of water, physically two different kinds of water in terms of salinity. So just -- you know, they're just -- one's more deeper than the other. COMMISSIONER FIALA: Thank you. MR. DeLONY: They're more saltier. COMMISSIONER FIALA: Okay. MR. DeLONY: And the -- what our plan calls for is we could put -- we hopefully will be able to, with -- if our plan proves out in terms of the geotech., that instead of us buying more land, we can merely put a mid Hawthorn well next to one of our lower Hawthorns and pump them that way. That's our plan, as Karl outlined, to try to conserve on space that we'd be using for these wells. One of the -- you know, one of the longest poles in developing well fields is the real estate. I mean, just purchasing the real estate, going through the appraisal process, et cetera, et cetera. If we don't have existing private rights -- public rights-of-way. Page 154 June 24, 2003 And so we're looking at the ability to use existing real estate first because that's our quickest way to deliver on the decisions, we need to make recommendations for decisions we need to make with regard to strategy. But real estate really is a long pole in this process if we don't own the real estate. So that's the reason Mr. Mudd has been very active in helping us with some of the upcoming PUDs and asking them to set aside certain areas for us to look for future well field development, and we very much appreciate that. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I think Commissioner Fiala came up with a very good question in regards to where in the strata we are in relationship to the well fields and the different stratas of water that we're getting. And maybe what would be nice the next time we have this discussion, if you would bring in a training aide to show us where the Tamiami Aquifer is and all these different aquifers -- MR. DeLONY: Yes, sir. COMMISSIONER HALAS: -- not only for the commissioners, but I think the people out in TV land there would like to get a picture, too, of exactly what we're talking about when we talk about water, since that's a very precious resource. MR. DeLONY: Yes, sir. We'll do that. CHAIRMAN HENNING: Can I ask a question? I'm sorry. Commissioner Coyle? I can't talk right now. Go ahead. COMMISSIONER COYLE: Okay. That is a very important point Commissioner Halas just brought up. And I think we need to let people understand right now that the reason we're going to the lower Hawthorn is so we don't draw down the freshwater aquifers. We're taking action to protect the freshwater aquifers because there are a lot of people who are drawing on those from their own private wells. We don't want to pump that aquifer Page 155 June 24, 2003 dry, so we have stopped going into our freshwater aquifers; is that a correct statement? MR. DeLONY: That's correct, sir. COMMISSIONER COYLE: We no longer drill wells into the freshwater aquifers. We go down deep -- MR. DeLONY: Yes, sir. COMMISSIONER COYLE: -- and get that brackish water, and we are treating it. And that, again, is a smart thing to do because we're not impacting people's ability to get water out of the freshwater aquifers, and we're not putting additional stress on the freshwater aquifers. Now, the bottom line as I see of all this, we've talked about some concerns and some potential shortages. I don't want to alarm anybody, because it appears to me that with a current production capability of 32 million gallons a day and eight million more coming on from the south plant hopefully this year, giving us a total of 40 million gallons a day, that gives us plenty of water production capacity, even for contingencies. The key is to make sure that plant does, in fact, come on when we expect it to, and it is already late. And what we need to -- need to do is monitor that thing on a minute by minute basis to make sure that it doesn't get any later and take whatever action we need to take to make sure it comes on on schedule. Because it can't get delayed any longer, and I think you're going to touch upon that on the next item. MR. DeLONY: Yes, sir, and I just -- we are late, and -- we're about seven months behind right now. We're aggressively managing that proj ect, and we'll -- we can talk about it just because we've got it on the dais right now. Again, it will come up later in terms of a contract modification for our design engineer and construction manager. But the bottom line of it is, we're -- county staff is active. COMMISSIONER COYLE: Okay. Page 156 June 24, 2003 MR. DeLONY: We don't take a breath in public utilities that we're not wondering, how's the south plant going today. COMMISSIONER COYLE: I-- MR. DeLONY: My assessment is that we're going to make it in time for season, that plant will be up and running. We've got to commission it, we've got to push it through some testing. We've got to push the well field through the testing. You know, focus on plant. Again, I'll just go back and remind you. Plant capacity's great. Well fields are part of that system. So you've got to have equal capacity abilities both in treatment and in production of raw water. The north plant's good. The north plant's doing exactly what it's supposed to do and it's performing to the standard. The well field's not. The well field's on the edge. This is addressing the well field issue. And that balance between well field -- thank you, Jim (sic) -- well field, plant, distribution, and storage is the bathtub -- moving that bathtub of water around until it delivers to our customers, is exactly what you pay me and Paul Mattausch and a lot of other good folks to take care of. And we're on top of that south plant. COMMISSIONER COYLE: If there's anything that the board needs to do, we need to hear about that quickly -- MR. DeLONY: Yes, sir. COMMISSIONER COYLE: -- with respect to that, okay? MR. DeLONY: Well, I think what we've given you today, to be honest with you, Mr. Coyle, will keep me from having to come back in with an emergency. It's given me the ability to go out and do examinations and then come back to you with recommendations once we've done the proper examinations of a strategy at looking at, as we mentioned, an RO process, use the saltier water, looking at different legs and different aquifers to provide the raw water to the north plant. And that's what this program's designed to do. COMMISSIONER COYLE: Thank you. Page 157 June 24, 2003 CHAIRMAN HENNING: Mr. DeLony, what is the action we're being asked to take today and thereafter? What is it going to do with the rates? MR. DeLONY: Right now it should -- it won't affect the rates because we're locked into a rate schedule right now for the next three years. See, with this year, starting in October, and two years to follows. So we won't be coming back to a rate study here within the next three years. Is that -- I got the right number, three? Yeah, three, right number. The bottom line of it is, it's going to be -- the rates are going to be what the rates are as set by the board. If we see those rates going up, down, or whatever, I have an obligation to come in and ask the board to take a look at that in terms of not incurring too much debt, and at the same time, not charging too much for the water. But we've set a rate schedule which you approved back in February that accommodates the majority of what we've spoken of here today. Some cases we're bringing it forward from fiscal year '04, for example, on the master plan, to an '03. So in terms of the obligation rates on an annualized basis, I may peak a little bit more in '03 earlier than maybe I would have done in '04. But right now our rates are locked, and we're going to stay with the rates as they are as I know it. CHAIRMAN HENNING: So you're saying the action that we're going to take tomorrow -- today and tomorrow is not going to affect the rates? MR. DeLONY: Not in the instant. CHAIRMAN HENNING: Pardon me? MR. DeLONY: Not in the instant. CHAIRMAN HENNING: But it will over time? MR. DeLONY: Obviously as things cost what they cost, rates will have to reflect the costs that we incur. CHAIRMAN HENNING: Any further questions -- Page 158 June 24, 2003 MR. MUDD: Commissioner, I'd like to add one more thing to this presentation, and you have a very good point about rates. If -- if the well field up on the north plant continues to get saltier, it's going to cost us more to produce that water. CHAIRMAN HENNING: Okay. MR. MUDD: The rates will have to increase accordingly in order to make that drinking water. The other piece to this is, it could. Mr. DeLony is going out there with the public utilities division, and he's taking a look at future prospects of where things could be. It doesn't mean that there's going to be 14 mid Hawthorn and blankety-blank wells that are going to be done. He's going to look at the feasibility of those and he's also going to look at the wells and the wells we have and how they produce. What we really want to have happen, we want the wells that we have in the ground right now to produce as planned, and we want Mr. Boyer and his engineering team to get those four wells that are right on the cusp and get at least two of those producing the way they're supposed to and have the other two set aside so they can rest, and so that you can take wells off and bring them online so we can always have eight production wells. That's the best of all possible alternatives. What we're seeing as far as the science piece as we're doing testing is, it's getting saltier. There is a school of thought that CDM has, which is Camp, Drescher, Mac'Kai, and Mesmer, that basically says, you really need to turn on those four wells that are bad, and you need to contain your gradient, your vacuum, in that area so that it stops it from moving from west to east. We're looking at that, too, in that process, and that feeds into, why don't we have a true saltwater skid there in order to use those four well fields, and in the same breath, contain that movement of water so that we increase our chances. Page 159 June 24, 2003 Now, that's the CDM thought right now that's on -- that's on the table. We're going to look at all of those things in this process. We are not going to jump into expenditures of eight million and five million until we take a look at all those particular aspects. And Mr. DeLony will watch this three million dollar outlay and only spend those dollars that he needs as he does this examination of -- of the ground and what's there as far as monitoring wells and whatnot. If, for instance, we punch that one up here, this monitoring well that's on Randall and it turns out well, and I have -- and our negotiations that we're having right now with Heritage Bay turn out okay and they basically give us a mile and a half of land going north, north of Randall across the way -- you heard Mr. Boyer say that it's about a quarter of a mile per well -- half a mile, you get yourselves six new wells in there, and if there -- and if the distance is well enough and we look at the geotech. and it comes out okay, we might have resolved the issue without having to go through the exploration and -- of those other areas and save some money in that process. So I just wanted to put that on the record, sir. COMMISSIONER COYLE: Okay. Yeah, I would like to make a motion, but I'd like to make a comment. You know, it seems to me that maybe we can't provide water for Heritage Bay unless we get that -- MR. MUDD: I've had that discussion, sir. COMMISSIONER COYLE: Yeah, okay. And with that, I'll make a motion that we approve your plan to investigate these -- MR. BOYER: Thank you. COMMISSIONER COYLE: -- alternatives. COMMISSIONER FIALA: Second that motion. CHAIRMAN HENNING: Motion by Commissioner Coyle, second by Commissioner Fiala. Page 160 June 24, 2003 Any discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. We're going to take a five-minute break for our court reporter. Thank you. (A recess was taken.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Item #101 AMEND PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH METCALF AND EDDY, INC., FOR THE SOUTH COUNTY WATER TREATMENT PLANT RESERVE OSMOSIS EXPANSION, CONTRACT 98-2891, IN THE The next item is 10(1), Mr. Chairman -- COMMISSIONER COYLE: Oh, boy. MR. MUDD: And that's to amend the professional engineering services agreement with Metcalf & Eddy, Inc., for the South County Water Treatment Plant reverse osmosis expansion contract 98-2891 in the amount of $960,295. This is project number 70054. Page 161 June 24, 2003 And Mr. DeLony will present this item. MR. DeLONY: Commissioners, for the record, Jim DeLony, public utilities administrator. I'd like to introduce a fairly new team member to brief you on this executive summary, Mr. Bill Mullin. Mr. Mullin comes to us with extensive background in public works engineering, and is serving as our principal project manager within the engineering department. So, Bill, if you would, please. MR. MULLIN: Thank you, Jim. Good afternoon, everyone. For the record, my name is William Mullin, principal project manager at the public utilities engineering department. I'm here today to present item -- agenda item number 10(1) to amend professional engineering services agreement with Metcalf & Eddy for the South County Water Treatment Plant reverse osmosis extension (sic). You've already heard some of the comments, so I'll try to make my presentation brief. This proj ect needed to meet future potable water demands was first recommended in the 1996 water master plan and in the 2002 water master plan updated recently and approved by the board in February of2003. On August 3rd, 1999, the board approved and entered into an agreement with Metcalf & Eddy to provide design and construction inspection services for the South County Regional Water Treatment reverse osmosis expansion proj ect. Metcalf & Eddy's original contract was in the amount of $3,920,064. The project, which has been under construction since July 2001, includes an eight million gallon per day reverse osmosis facility with capability to be expanded to 20 million gallons per day, including a new raw water production -- two new raw water production wells and -- I'm sorry. There's two deep injection wells Page 162 June 24, 2003 for reverse osmosis brine disposal and 15 raw water wells. On May 14th, 2002, the board approved amendment one with Metcalf & Eddy for an additional $231,804 as shown on your executive summary to provide additional construction management services for a second deep injection well. You'll see that on your executive summary. United Engineering Corporation is the contractor for the eight MGD RO plants. UEC, change order number one, moved the original completion date forward by 60 days making UEC's contract final completion date March 3rd of this year. However, UEC's most recent schedule has a substantial completion date of September 8th, 2003, and a final completion date of October 15th, 2003. This project is currently seven months behind schedule. Delays in the project include weather, design modification, unanticipated site conditions, and regulatory changes. Analysis of each delay claim is currently under review. Continued construction inspection by Metcalf & Eddy through the October completion date is needed to assure continuity and quality assurance. On June 12th of2003, staff negotiated with Metcalf & Eddy this amendment number two in the amount of $960,295 to provide continued construction inspection for this proj ect through the revised final completion in October. M&E has agreed to hold and reserve $251,200 of the $960,295 requested in amendment two for unresolved issues. Staff is working with UEC and M&E to ensure the plant is online to meet the 2004 seasonal water demand and recommends approval of this amendment. CHAIRMAN HENNING: Questions by the commissioners? (N 0 response.) CHAIRMAN HENNING: Entertain a motion. Page 163 June 24, 2003 COMMISSIONER COYLE: So move. CHAIRMAN HENNING: Second. COMMISSIONER FIALA: Second that motion. CHAIRMAN HENNING: Second -- motion by Commissioner Coyle, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Thank you. Item #llA ANDREW SOLIS AND JOHN SLAUGH REGARDING TEMPORARY CO UNTIL VARIANCE CAN BE OBTAINED- STAFF DIRECTED TO CONTINUE TO PERFORM BUILDING INSPECTIONS AND A CONDITIONAL CO TO BE ISSUED MR. MUDD: Commissioner, the next item, 10(J), we've already done. We did that with -- in concert right after 10(F). That brings us to public comments on general topics. CHAIRMAN HENNING: Ms. Filson -- MS. FILSON: Sorry. Mr. Chairman, we do have three speakers under public comment. The first one is Andrew Solis. He will be followed by John Slaugh. I think I pronounced that wrong. MR. SOLIS: Good afternoon, Commissioners, Andrew Solis. Page 164 June 24, 2003 I'm here actually on behalf of John Slaugh, the next speaker. This relates to a single-family home that's being constructed out in the -- in the Golden Gate Estates on the corner of Golden Gate Boulevard and First Street Southwest. My client was issued a building permit, proceeded with construction. Unfortunately, we found out after the fact that there was a setback issue related to the side yard along First Street Southwest. We've met with staff and tried to resolve the issue, and what we've agreed to do is go ahead and apply for a variance. It was something that occurred that was an unfortunate incident. I think it's just one of those things that happens. It's a nonconforming corner lot, which under the LDC, is a tough thing to understand. In any event, the setback at issue is seven and a half feet as opposed to 15 feet. And what we're requesting, after meeting with staff and discussing the variance, what we're requesting the board to do is to authorize the staff to issue a conditional CO once the structure is constructed pending, obviously, the approval of the vanance. CHAIRMAN HENNING: Mr. Schmitt, is this the same one that you and I discussed months ago that requests a temporary CO and a variance because of -- they were told it had the wrong setbacks, or is this in addition to? MR. SCHMITT: This is in addition to. We've had nine setback variances in the estates since 2001, and actually we've had three in the last six months. CHAIRMAN HENNING: Why? MR. SCHMITT: This is a -- well, that's a good question. We review about, a little over 4,000 building plans a year. This was a plan associated with a nonconforming corner lot that -- I can go through the entire reasoning if you want to see it, but the bottom line is, there was an error made by staff on the -- of the Page 165 June 24, 2003 analysis setback. Part of that was due to the drawings that were submitted by the contractor, the survey. And, in fact, my staff errored ( sic) because they actually approved a setback as shown on this slide, which is -- all that is is the septic field overlay, which showed a setback here, and it was in error because that dimension should have been up to this line. But the bottom line, there was an error. CHAIRMAN HENNING: Mr. Schmitt, it sounds to me like you have a real problem in your department reviewing site plans in Golden Gate Estates. MR. SCHMITT : Well, I -- I accept that, sir, and I -- CHAIRMAN HENNING: What are we going to do to fix that problem? MR. SCHMITT: Well, if I -- you -- it's a problem. But when you look at statistically, 4,000 or -- 3,000 or over 4,000 building plans reviewed, and three mistakes, I think that's a pretty -- statistically a pretty good error rate, but it's still an error, and it is still a problem. CHAIRMAN HENNING: And they're all in Golden Gate Estates? MR. SCHMITT: Actually no. There-- CHAIRMAN HENNING: This other one that we know about is on a corner lot, and it's a nonconforming lot. MR. SCHMITT: That's correct. It's a 30-foot easement, and then from the easement line, it's supposed to be a 15- foot setback. Staff errored (sic) and gave the applicant and approved the spot survey at seven and a half feet which was, in fact, an error. I think we have a problem in the estates, generally, looking at -- these are the 105-foot lots, corner lots, in the estates. We need to come back to the board with a proposal on how to deal with these, because if you take the criteria as it's now written in the Land Development Code, they're restricted to a smaller envelope for Page 166 June 24, 2003 construction on the 105-foot lot than they would be on a 75-foot lot, so -- CHAIRMAN HENNING: Makes sense. MR. SCHMITT: -- there is a problem. It's a 10 and a half foot setback on one side and 15 on the other, and then 30- foot right-of-way. We need to come back to the board to allow the builders, in order to build an adequate size home -- and this is a modest size home in today's standards. And if they complied with the setback as required, they would have had, I believe, roughly, what, 66 feet you could have built in rather than the 75, or the -- MR. SOLIS: I think it was less than that. MR. SCHMITT: Less than that. MR. SOLIS: I think it came to somewhere around 49 -- MR. SLAUGH: It was 49 -- 49 -- MR. SOLIS: Forty-nine and a half feet. CHAIRMAN HENNING: Commissioner Halas? MR. SCHMITT: So the issue here is what staff is -- we met with the developer and said, we -- I would request your approval and we could solve this today without bringing it back to the board, that we, first of all, allow the builder to continue with his project. He is going to submit for a variance, has to come back to the board for a variance, but he's got to close it in, get it weathered in, and we would, with your approval, allow a conditional CO to be issued until such time as the variance is brought before this -- this commission and brought for your decision. CHAIRMAN HENNING: Commissioner Halas, and then Commissioner Coletta. COMMISSIONER HALAS: I've got a problem with this. Number one is, the people that go out there to survey this property, these people are licensed. MR. SCHMITT: Yes. COMMISSIONER HALAS: And they ought to realize what the Page 167 June 24, 2003 setbacks are, or if they don't know what the setbacks are, then get with staff. That's number one. And if the -- if this is continuing to happen, somebody should be held accountable, and it should be the surveyor or whoever sets ~p the footprint of where the house is going to set. MR. SCHMITT: Well, Commissioner, I agree, and -- COMMISSIONER HALAS: I mean -- MR. SCHMITT: -- part of the problem was my staff. My staff approved -- COMMISSIONER HALAS: What does your staff tell them? MR. SCHMITT: My staff approved the setback. We-- COMMISSIONER HALAS: Did the staff -- did the staff tell them what the setback should be? Is that what happened? They told them they could have a setback of seven and a half feet, or did your staff tell them that 15 feet? MR. SCHMITT: Well, they came in with -- this was the original proposal, and they came in and approved it based -- COMMISSIONER HALAS: But this proposal doesn't tell me anything. MR. SCHMITT: And it shows right here in the stamp. Side setback, and then the front setback. The problem is, this has two fronts, First Street front and, I guess -- if I recall, this is on the Parkway, right? MR. SOLIS: It's on Golden Gate Boulevard. MR. SCHMITT: On the Boulevard. MR. SOLIS: On the Boulevard and First Street Southwest. MR. SCHMITT: So the problem here is staff did say, as it's shown right here, seven and a half and seven and a half and 10 for the side, so my staff was in error. We corrected this problem, or we separated those who review all the setbacks. Steve Fontane now works in back away from the front counter to review these, but this was one that was approved in Page 168 June 24, 2003 error. I can't -- COMMISSIONER HALAS: And you say there's three or four more of these out there in -- MR. SCHMITT: No, we've had -- we've had three in the last six months that you have seen. This is -- this is the fourth one you'll see now involving the estates on these abnormally dimensioned lots. MR. MUDD: Since when, 2001 or -- MR. SCHMITT: Well, actually, we've had nine setbacks, residential setbacks since 2001, and we've had three in the last six months. COMMISSIONER HALAS: So has this problem been taken care of so that we realize that if we have a nonconforming lot, that we'll have to have 15 foot on each side of this -- of the lot for setbacks? MR. SCHMITT: Commissioner, if I can correct you. It's 15 foot -- it's a 30- foot easement of 15 foot from the easement, and then 10 and a half on the opposite side. The problem, frankly, is, if we follow the rules as now written in the Land Development Code, the envelope to build a home on this 105- foot lot is smaller than they would have on a standard 75- foot lot where they can have seven and a half feet on each side, so -- so we need to look at this overall from a -- from an evaluation standpoint to come back to and you say, what is it that we need to build on these corner lots, because they are -- this is, as you well know, some of the last affordable property in the county to build on, and that's why these are -- these are now becoming more prominent that we have builders out building on these lots. COMMISSIONER HALAS: Okay. But the problem we run into is someday if we need to widen the road or to gain additional right-of-way, that we're going to put these people in a real serious bind if they go ahead and keep on building the homes in this particular manner. Page 169 June 24, 2003 MR. SCHMITT: The home, if the variance -- when it comes before you, when the variance is going to be presented, it will be seven and a half feet from the 30- foot setback rather than the 15 feet. So this dimension actually should be right to the center line of the road, would be 37 and a half feet, counting the 30 feet -- and it should have been 15 feet. So it should have been 45 instead of 37 and a half. That was part of the problem. And then when it came in, the builder, as he's required to do within 10 days of placing the slab, came in for a spot survey. He came in with the spot survey, and that's what they presented. It was noted at that time that it was a seven-and-a-half-foot setback, brought it to the planning services director. And at that time the issue was raised with the building director, Mr. Perico, I got involved and said, no, we can't go any further. The site was red tagged, and we met with the builder. We said we'd at least allow you to get the home weathered in or at least close in the home -- because he's all the way up to the joists now -- and at least allow him to close the home in. But what we're here today to talk to you about is allow them to finish the home until it can -- we can come back to you with a request for a variance. Because it will probably be September or October before we go through the public hearings, both with the Planning Commission and with the Board of County Commissioners. COMMISSIONER HALAS: Sir, do you represent the homeowner, or are you representing the builder? MR. SOLIS: The builder, Your Honor -- I mean-- COMMISSIONER HALAS: This gentleman here is the builder? MR. SOLIS: He's the builder and his company owns the lot, and he's building the house to sell. So there is no homeowner at this point. CHAIRMAN HENNING: Okay. Commissioner Coletta has a Page 170 June 24, 2003 question. COMMISSIONER COLETTA: Thank you. Joe, I want to tell you, I personally think your department's doing a remarkable job, and these things are going to happen, because we're working with human beings, and there are going to be an error (sic). Three errors out of thousands is doing pretty good. But that's not the problem right now. I'm sure that the mechanisms are being put together to take care of any future errors. The problem is what we've got here in front of us. So with that in mind, I'd like to make a motion that we grant these people a temporary CO. Is that the correct language? MR. SCHMITT: Well, what -- I'm asking for your approval -- COMMISSIONER COLETTA: Conditional, conditional. MR. SCHMITT: -- to allow the staff to continue to perform building inspections on -- as they're called in by the builder, and then subsequently we would give a conditional Certificate of Occupancy, conditional upon them coming back to the Board of County Commissioners for the variance. The problem is -- and I've explained it to the builder, that the risk is certainly his risk, because if you disapprove the variance -- COMMISSIONER COLETTA: I understand. MR. SCHMITT: -- they're faced with a situation. COMMISSIONER COLETTA: But I'd like to make that motion so we move this thing forward. And when the time does come that it's going to come before us for the variance, I'm going to ask that we pay him back the fees there that he paid, the 2,000 -- what, is it 2,200, 2000? CHAIRMAN HENNING: Well, it's whatever it is. COMMISSIONER COLETTA: But we'll deal with that at the time. CHAIRMAN HENNING: And I'll second that motion. COMMISSIONER COLETTA: But right now my motion is-- Page 171 June 24, 2003 is that we grant him the necessary permits or CO, temporary CO, or partial CO to be able to continue with the work. CHAIRMAN HENNING: There's a motion by Commissioner Coletta, second by Commissioner Henning. Commissioner Halas? COMMISSIONER HALAS: Okay. If this house was moved, can this house be moved and still conform to the -- on the lot? If you had to move the house -- MR. SOLIS: I don't believe that-- CHAIRMAN HENNING: Yeah, we'll get together on a weekend and lift each corner up and -- MR. SOLIS: Yeah. This house is already with the roof trusses on. COMMISSIONER HALAS: No, no. I'm talking about if they had to tear the house down. I had a situation with my house where they were not in compliance with the setback away from the road, and the builder took on the responsibility of tearing the house all down, starting right from scratch and moving it back to where it belonged. MR. SLAUGH: For the record, John Slaugh, president of J.J. Slaugh General Contracting. Commissioner, no, we could not do that. Weare restricted by setbacks on the opposite side, the east side of the property, the 10 and a half feet. And what we did was take advantage of every square inch that we understood that we were allowed to use on that particular lot because of the setbacks. So physically, no, we could not -- we could not build this particular house on that lot with the current setbacks as they are. MR. SOLIS: As Mr. Schmitt said, if you take into consideration all of the setbacks, you end up with a 49- foot lot, buildable area widthwise, and this house certainly wouldn't fit on that -- in those dimensions. Page 172 June 24, 2003 CHAIRMAN HENNING: That's even smaller-- MR. SLAUGH: We are right -- we are right on the line, on the east property setback line. MR. SCHMITT: And on a normal lot, the 75-foot lot, you have about 60 foot. This home is actually 57 feet? MR. SLAUGH: Correct. MR. SCHMITT: Yeah, 57. CHAIRMAN HENNING: Okay. Any further -- MR. MUDD: The other thing I just want to mention to the board real quick. And again, there's no dog -- I don't have a dog in this fight. But what -- he's got 150 feet from Golden Gate Boulevard MR. SCHMITT: That's correct. MR. MUDD: -- okay, the major arterial out there. MR. SCHMITT: That's correct. MR. MUDD: And you're talking about the difference between __ right here, which is between 15 feet, it's seven and a half, and he's got another 30 feet before it turns into First Street Southwest, which is a side street that his driveway would connect to. Just so that you have it in your mind's eye. I mean, if it was seven and a half feet from Golden Gate Boulevard, you're talking about 30-foot easement, you know, we built that as a four-lane arterial. And I've heard discussions on this dais over the last two years that said, that might not have been the smartest decision we ever made as a board, and it could have been six lanes -- and I've heard that before, and so I'm not saying anything new. So what I would say to you is, that would disturb me if it was just 30- foot easement, you now have seven and a half foot, and it might be six lane sometime in the future some 30 years from now that this guy would be seven and a half feet away from a major arterial road. I don't think you're going to get much sleep. Page 173 June 24, 2003 But from -- but from First Street Southwest and having 37 feet and the chances of that First Street ever becoming bigger than it really is right now, I'd say there's no expansion plan in our 25-year plan to take First Street Southwest and expand it. MR. SCHMITT: Plus it's a dead-end. CHAIRMAN HENNING: Okay. Let's not hear the variance today and find out if we have any other questions. (No response.) CHAIRMAN HENNING: Seeing none. You want to say anything else? We're going to go ahead and approve this. MR. SLAUGH: No, I'm fine, Commissioner. Thank you. CHAIRMAN HENNING: All in favor of the motion, signify by saYIng aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER HALAS: Aye. MR. SLAUGH: Thank you. CHAIRMAN HENNING: Okay. Motion carries, 4-1, Commissioner Halas descending (sic). Item #llB MATT FINN REGARDING CLAM FARMING AND AQUACULTURE IN GOODLAND - STAFF DIRECTED TO PUT IN CLAM FARMING AS A CONDITIONAL USE IN GOODLAND AND LOOK INTO CHOKOLOSKEE AND CHAIRMAN HENNING: Next speaker? Page 174 June 24, 2003 MS. FILSON: . Your final speaker is Matt Finn. CHAIRMAN HENNING: Mr. Finn. MR. FINN: Last, but hopefully not least. Good afternoon, Commissioners. Do you happen to have this handout? I have extra copies if you don't. Okay. Matt Finn, chairman of the Aquaculture Task Force. And I'd like to give you a brief update of the clam aquaculture, and then tell you something we need a little bit of help with, okay? From the BCC resolution, you have endorsed clam aquaculture in the waters of Collier County, established an aquaculture task force, and directed staff to assist in the process of development. Whether what I'm asking for today falls into that direction or not, we'll need to talk about. In January, Mark Barrigan from Division of Aquaculture gave us a hit list of steps to proceed on to try to stick to a timetable as we move towards being able to grow clams commercially. We're pretty close to staying onto that schedule. In May we performed a resource assessment of the submerged lands, and -- in the two desired areas, and found out there were no conflicts with the natural resources, especially we're looking for presence or absence of seagrasses and found no seagrasses present. Consequently the sites have been recommended for the high density lease areas, growing our clams, by the Division of Aquaculture staff. And at this point now, the state should be ready to start the public workshops and begin the lease application process for the perspective farmers. It was during this time in May one of the staff was, as we're looking around, he said, oh, that would be a good place for your nursery, that would be a good place for your nursery. He's talking about clam nurseries. Certain land based aquaculture -- that's the nursery part -- activities are integral to the success of clam farming. And then I said, well, I better look into this. What kind of Page 175 June 24, 2003 permits are going to be required, et cetera, et cetera, so that we can do this just like all the other guys are doing in the rest of the state. And sort of to my surprise I found that, in Collier County at least, aquaculture is only permitted on agriculturally-zoned lands. Okay. And basically, in our -- in the areas that we're looking at for wanting to do this activity, there are no ago lands. Therefore, a change in the LDC will be necessary to permit these type of activities. I had a brief informational meeting with county staff on the 20th, last week, and we spoke about Goodland as a case study and found that there was no conflict with the comprehensive plan at least. So we're start -- you know, at least there's no major conflict there. And from that, we -- I'm going to ask, you know, if we can get staff -- direct staff to work on an amendment to the Goodland overlay to allow these activities. And what we're talking about is defined by the state as a minimal impact aquaculture facility on RSFVR property and, perhaps, something a little bit bigger on commercial lands. You know, at present, on commercial lands, you still can't do these aquaculture activities, at present. That's sort of one step, and that may form a template to look at two other areas and actually may, in some incorporated areas, may also be able to use that as a template. The other areas that I would ask staff assistance for looking at is at Chokoloskee and Plantation. They're going to need, basically, to do the same small-scale land-based aquaculture activities there. CHAIRMAN HENNING: Any questions? Commissioner Coletta? COMMISSIONER COLETTA: I just want to compliment Matt Finn for being so active on this. He's picked up on this particular thing and been the -- been working it from one end to the other, he's put in a considerable amount of time and effort. Of course, the man Page 176 June 24, 2003 comes well qualified. Not only is he a commercial fisherman, but he has a degree in -- what is it called there -- aquaculture or -- MR. FINN: Ecology. COMMISSIONER COLETTA: Yeah. MR. FINN: My main degree was ecology -- COMMISSIONER COLETTA: Right. And I'd like to see -- MR. FINN: -- marine ecology. COMMISSIONER COLETTA: -- if we could, as the commission, direct staff to work with them to move this thing forward. COMMISSIONER FIALA: I think that's a good idea. CHAIRMAN HENNING: It's my understanding the local government can't regulate farming. So are we doing something that really (sic) don't have to do now? I mean, I agree, what you're saying, but why don't we take a look at it before we waste a lot of time creating language. COMMISSIONER COLETTA: Right to farm. CHAIRMAN HENNING: That's just what I -- yeah, it's a right to farm act, and there's been plenty of statements throughout the statutes and legislation working that -- yeah. Local government can't dictate what farmers do. I think that's a great thing. Commissioner Coletta? COMMISSIONER COLETTA: I was just going to say, that would be an excellent opportunity to follow up in one direction, but also I think if we could leave it open where staff could be looking at other possibilities -- CHAIRMAN HENNING: Yeah, fine. COMMISSIONER COLETTA: -- might be -- but it's an excellent idea. I don't know how far it's going to go or -- I don't think our legal is even prepared to -- MR. MUDD: I just want to -- I just want to make sure that what we're getting directed to do is to open aquaculture in Goodland, Page 1 77 June 24, 2003 okay? And right now Goodland is not zoned for agriculture; is that correct? MR. FINN: That's right. MR. MUDD: Okay. And so what you're asking to do is to direct staff to change the overlay for Goodland so that aquaculture can be one of the accepted uses in that particular community. MR. SCHMITT: And also for Chokoloskee and -- COMMISSIONER COYLE: Chokoloskee and Immokalee. Yeah, it's not just for -- COMMISSIONER COLETTA: No, not Immokalee. MR. FINN: Plantation. MR. SCHMITT: Plantation. COMMISSIONER COYLE: Immokalee's under water, isn't it? CHAIRMAN HENNING: Golden Gate Estates is. Can't we do it in Golden Gate Estates? MR. SCHMITT: But also the issue here is, as I understand the petition, is to direct staff to do it, but from the perspectives of who's going to pay for the overlay, the services? We've been through this with the Copeland community when they asked to amend their overlay, and the issue there was the staff s time to do the overlay and whether development services' fees would pay that or would I have to come back and ask for reimbursement from the general fund to reimburse the development services' fees for the cost of the LDC amendment. COMMISSIONER COYLE: How about an MSTU? It's not that much money, is it? MR. SCHMITT: That would be what -- that is exactly what we recommended with the Goodland overlay, either they come in -- which they finally did come in and propose an amendment to their overlay, which you'll be seeing as part of the LDC amendment. If you recall, that was several months ago when we talked about the signs and some of the other things and -- in Goodland. Page 178 June 24, 2003 But this issue involves not only the issue that Mr. Mudd said, is allowing for aquaculture in a non-agriculturally-zoned area, but also who will pay for the services provided. COMMISSIONER COYLE: Well, I will tell you that a lot of that water is already zoned agriculture. I don't know about Goodland, but I do know about Everglades City and Chokoloskee. Some of that water is already zoned agriculture. MR. SCHMITT: Right. COMMISSIONER COYLE: So you need to take a look at what is zoned agriculture, determine whether or not it is in a location that serves the needs of the potential clam farmers, and then make some decision about what you do. But I think it's just -- I think we're just saying, hey, take an initial look at it, and this is going to be a big project, come back to us and we'll try to work out funding. MR. SCHMITT: I think if Captain Finn comes in and lets us know the sites he's looking at, we can determine what the zoning is. But I know the one issue here was Goodland itself and the area of Goodland, which would involve some kind of amendment to the overlay. CHAIRMAN HENNING: Commissioner Fiala, Commissioner Halas, Commissioner Coletta. COMMISSIONER FIALA: Thanks. I'm so glad you brought that out. Who would ever think agriculture would be zoned in the waters around Goodland -- COMMISSIONER COYLE: It is. COMMISSIONER FIALA: -- but that is a wonderful thing. Okay. MR. FINN : We're looking for land-based though. This is all -- MR. SCHMITT: This is a land-based project. MR. FINN: -- land-based operation, not a water-based operation that we're talking about. COMMISSIONER FIALA: And it seems to me that we're -- Page 179 June 24, 2003 COMMISSIONER HALAS: That's what I wanted to get a clarification on. CHAIRMAN HENNING: Hold on, guys. One at a time, boys and girls. Commissioner Fiala had the floor. COMMISSIONER FIALA: Okay. And what I was going to say was, it seems to me that something -- where do you think you're going? COMMISSIONER COYLE: Just tell everybody what a wonderful time I had today, please. COMMISSIONER COLETTA: You've got to stay for comments. COMMISSIONER FIALA: Well, thank you for dropping by. COMMISSIONER COYLE: That's why I'm leaving. COMMISSIONER COLETTA: We'll end up talking about you, you know that? COMMISSIONER COYLE: I know that. I'll watch the television. COMMISSIONER FIALA: I think it's -- it seems to me that it makes sense to have aquaculture right there on an island, and in fact, on any land that's surrounded on most parts by water. Being that fishing is going to be their livelihood anyway, I think we need to work with them, and I'm glad we're going to investigate how much of it is already listed as agriculture. But we also have to see what we can do to work with them in the Goodland overlay. I'm sure that Goodlanders want to work with them. They're all supportive of him. I just want to see what we can do to further this. MR. SCHMITT: Yes, ma'am. That overlay is going to be coming -- it's almost done and coming to you in the third round of the LDC amendments, so unless we stop that and try and include this, that is already -- almost complete in moving forward. This would Page 180 June 24, 2003 have to be -- this would be a separate initiative. COMMISSIONER FIALA: How much trouble would that be to stop it and just add it to it? MR. SCHMITT: That I don't know. I mean, we -- I'm not even sure where the area is they're looking at. We would have to negotiate that. And, of course, the Goodland overlay was -- is -- was sponsored and paid for by the residents of Goodland, so they would have to be the ones -- I'd have to pass that off to the petitioner, and they would have to be the ones to come back to staff and say, we want to include this. It's their overlay. They paid for it. MR. FINN: Can I speak for a second on that? With regard to -- there's two amendments, I guess, in process now. MR. SCHMITT: Yes. MR. FINN: And from speaking with various people from the GCI, you know, of course they support this. But I don't think they necessarily want it to slow down that. So this probably may -- you know, if it has to be a different angle that we have to pursue, you know. And basically it came down to a money issue, staff time, on it. And so I'm requesting, you know, that staff assistant. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yeah, that's what I was concerned about what you were talking about, if this was going to encompass land strictly in the water or was it going to encompass land onshore. And I think one of the things we have to make sure of is that all the residents of Goodland are brought to the -- this is brought to their attention to realize that they should have a say in this, whether they go along with this concept or not. And I think that's part of the issue also, because when you start looking at a small fishing community, and then you're starting to get involved in aquaculture here, as long as there's no -- we're not infringing on other people's rights or their concerns, I think that's Page 181 June 24, 2003 something else we have to address, too. MR. FINN: Without a doubt, and I see that as part of the whole process of the amendment. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Matt, I think what it is is that my fellow commissioners haven't been sitting through all the meetings where the state is presented with programs all about it, and it might not -- it might not hurt if maybe you gave them a crash course on what it is that they're actually raising as far as the clams itself that are going to be planted and how much space it occupies. I think their visions are a little different than what is reality. CHAIRMAN HENNING: Maybe we should bring it back as far as a presentation. COMMISSIONER COLETTA: Well, it will take him just a few minutes. It's not that difficult. MR. FINN: It's extremely simple, okay? Basically all we're asking for here is something very small behind someone's house where you don't -- you're not feeding fish, you're not growing fish. This is just for the tiniest little clams. You pump water up to a device called a raceway, and it flows down and gradually feeds back into the canal. It will be a state-permitted facility. It's small scale, very small, and something behind someone's home. And it's called minimal impact in that it doesn't pollute the water at all. No trepidity, no type of nutrient pollution. The raceway is like a sheet of plywood with some small sides on it, and you just run your water over it. The clams filter out and clean the water, and the water goes back into the canal. CHAIRMAN HENNING: Right. Can you restate your motion, Commissioner? COMMISSIONER COLETTA: Well, it was -- I think we were directing staff. What I was doing was, I wanted to see if they could come back and offer some different possibilities, everything from an Page 182 June 24, 2003 overlay to -- possibly this might be something that could come under just aquariums and be considered in that direction because of the small scale of it. But I -- until you can get your hands around it and see what it is, there might be some simple solution where it might be all contained underneath a small area that would be outside the house and wouldn't Impose upon anyone. I know the amount of traffic that's going to take place, it's going to generate, is going to be extremely minimal. MR. FINN: Correct. COMMISSIONER COLETTA: It's something that, you know, you put into motion, and then at some point in time you're selling these small little bags of clams for them to place out into the bay. What I'd like to do is see staff go back and come back with some -- work with Mr. Finn and come back with some different suggestions and ideas and what the cost would be to it. I mean, without doing a full-blown study to the point that we're extending tremendous amounts of staff time. MR. SCHMITT: Commissioner, I can -- I mean, there's nothing to come back for. It would require an overlay. As you know well know, we have some residents in Goodland that are complaining about the storage of the fish traps in back of people's house. So it's -- it's an issue that would have to be included. We'd have to change the zoning to allow that activity to take place if they want to do it right in Goodland. And it's just a matter of -- of bringing that back and, through a public hearing, allowing the residents of Goodland to voice their objection or their support in the drafting up of the ordinance. COMMISSIONER COLETTA: Now, you're -- and there's been a lot of time and energy and effort put into it at this point in time, and I don't think it would hurt to take it to the next step. MR. MUDD: Mr. Finn, may I ask a question? Page 183 June 24, 2003 MR. FINN: Sure. MR. MUDD: Iftpe -- with the commission's indulgence. CHAIRMAN HENNING: Please do. MR. MUDD: Do you have to be right next to a saltwater source? Can you -- can you bring it into a tank and then feed the -- feed the clams and then renew it that way, or does it have to have some nutrients in it so that they can cleanse through? . MR. FINN: It should be in close association with the water. MR. MUDD: What I was thinking about, Commissioner Coletta, you have a package plant in Copeland, okay, that's going to come off line, it has a tank, holds water, and I was -- you know -- COMMISSIONER COLETTA: They need saltwater. MR. MUDD: Not arguing the point, that's why I asked the question, okay? Because you've got a community that's got a plant that's sitting there and they're trying to figure out what they're going to do with it. COMMISSIONER COLETTA: They want to raise shrimp. MR. FINN: That may be -- shrimp may be a better idea, you know. This has to be right -- MR. MUDD: Yes, sir. MR. FINN: -- next to the water, and you also want it right behind a home in case you have a pump break down, you know, you can -- there to service your tiniest little clams. The operation is not necessarily going all year. It may be a seasonal thing. We don't know yet because we haven't started to work with it. CHAIRMAN HENNING: The motion is very unclear to me, so I'm going to withdraw my second. COMMISSIONER COLETTA: Okay. I'd like to -- well, I'd still like to direct staff to be able to come back with something to see if we could offer something that would meet the needs of the clam farming industry, as they've been working with us for a long time, and I'd like to see if they -- if we could get a presentation from staff Page 184 June 24, 2003 that we could look at different options, be it an overlay, being that possibly we might be able to make it just a conditional use of some type. I don't know what all the different options are, but I'd certainly like to see us explore it so that we don't have this venture that we've been working on so long go by the wayside. CHAIRMAN HENNING: Joe, can I offer something? COMMISSIONER COLETTA: Sure. CHAIRMAN HENNING: Instead -- well, I'm saying to Joe. Instead of the Goodland overlay -- MR. SCHMITT: Yes. CHAIRMAN HENNING: -- why don't we say, clam farming, conditional use, on their overlay, and then it needs to come back to the board with a super majority, and you always have the input of the residents? COMMISSIONER COLETTA: That would be -- excellent point. CHAIRMAN HENNING: I mean, just -- that's within the overlay, and it won't take any staff time to do that. And it's -- the second amendments are in the process now. Did it go through DSAC, the second amendments? MR. SCHMITT: That's going to be in the third cycle, so they haven't even see that yet. CHAIRMAN HENNING: Okay. MR. SCHMITT: But that's exactly what Commissioner Fiala recommended and Captain Finn -- CHAIRMAN HENNING: Is that what you've been saying? MR. SCHMITT: As Captain Finn mentioned -- COMMISSIONER FIALA: I did before, and I thought yours sounded better than mine. MR. SCHMITT: We -- I certainly would support that. But it's the residents of Goodland, it's their proposal, it's their overlay. Page 185 June 24, 2003 CHAIRMAN HENNING: And when they come through with the overlay, they're going to tell us whether they like it or not, so why don't we give direction to put the conditional use in? MR. SCHMITT: Okay. CHAIRMAN HENNING: Then we're going to hear from the Goodland residents. COMMISSIONER HALAS: Yep. CHAIRMAN HENNING: And at that time the Board of Commissioners can decide whether we're going to include it in the Goodland overlay. MR. FINN: I'd be surprised if we didn't have near unanimous acceptance -- CHAIRMAN HENNING: That's fine. MR. FINN: -- from the community. We already have it from the board of the Goodland Civic Association. CHAIRMAN HENNING: Okay. MR. SCHMITT: And I -- I'm trying to -- I know there's still some issues with -- because the Goodland overlay also includes the signs and some of the other things that they wanted to change specifically for Goodland, which I think are going to be a little more of an uphill battle. So this may go kind of out with -- the baby out with the bath water, so to speak. But we can go that route. I mean, let the public -- let the public deal with it. They'll deal with it both through the Planning Commission and then through the board, and -- CHAIRMAN HENNING: Do we have four nods to do that? COMMISSIONER FIALA: Uh-huh. CHAIRMAN HENNING: Okay. Thank you. Thank you, sir. MR. WEIGEL: Mr. Chairman? MR. FINN: Can I bug you for one more thing also? CHAIRMAN HENNING: No, you had -- Page 186 June 24, 2003 MR. FINN: I also had mentioned Chokoloskee and Plantation, if you can get staff just to look into what it might take to make that aquaculture for permitted use. COMMISSIONER COLETTA: Permitted use. MR. FINN: I don't know anything about their zoning right there or not. Just -- Robert Robinson brought it up to me on the phone yesterday, so I thought I'd bring it before you. MR. MUDD: We'll look and see if it's ago zoned. CHAIRMAN HENNING: It sounds like somebody -- pardon me? MR. MUDD: We'll look and make -- we'll look at the area and see what's ago zoned and get it to Mr. Finn. That's not a whole lot of extra effort to give him that stuff. CHAIRMAN HENNING: Okay. All right. Great. COMMISSIONER COLETTA: Thank you. And thank the commission for not clamming up on me. CHAIRMAN HENNING: Oh, boy. I tell you, poor. Mr.-- MR. FINN: If this goes through, I'll be happy as a clam. CHAIRMAN HENNING: Yeah. Mr. Weigel, do you have anything? MR. WEIGEL: No, I don't. Thank you very much. CHAIRMAN HENNING: Mr. Mudd? MR. MUDD: I'm glad you asked. Item #15A BCC MEETING DATES: JULY 29 AND JULY 30 IF NECESSARY; ONE MEETING ONLY TO BE HELD IN NOVEMBER ON NOVEMBER 18; DECEMBER MEETINGS TO Mr. Chairman, first of all, my apologies to the board. You Page 187 June 24, 2003 received two articles today, okay, to the dais from staff, and you had no time to review. I put that direction out a couple of times to staff not to do that. I will continue to make sure that doesn't happen in the future. I'd ask the county attorney to help me in that effort, okay, because sometimes those things show up to the commission and they have not had a chance to see that item prior to the item on the agenda, and it's unfair to the board members to do that to you, so my apologies today. It happened twice, and my blood pressure went up both times. It really went up when you got that thick packet. And we will take corrective actions to solve that from not happening again. Next, 29 meeting July is a two-day meeting, so schedule two days, 29 and 30, depending on the agenda, because it's in the middle of vacation. So I've got the two days. I just wanted to remind you. Next thing in the schedule, I've looked at November. November is rather an ugly month if you try to have board meetings on the second Tuesday and the fourth Tuesday. The second Tuesday is the 11 th of November, a national holiday, Veteran's Day. The fourth Tuesday is right dead in the middle of Thanksgiving week. So what I would like to recommend to the board as a proposal is that we have one meeting in November on the third Tuesday, which is the 18th of November, and that we have two meetings in December, the first Tuesday and the third Tuesday, which is the second of December and the 16th of December, and it gets it away from the holidays and the issue. COMMISSIONER HALAS: Would you plan -- would you plan the November meeting to be two days long then? MR. MUDD: Not necessarily, because we normally, depending on -- depending on schedule, we normally -- now, this year we did two meetings in December, but prior to that, we only had one meeting in December. And so this basically gives us the same number of meetings that we've normally had. Page 188 June 24, 2003 I don't see anything big in 18 November, as far as I can see forward on this thing. CHAIRMAN HENNING: Is everybody okay with that? COMMISSIONER FIALA: Sure. CHAIRMAN HENNING: Okay. Anybody oppose it? (No response.) CHAIRMAN HENNING: I don't see any opposing. Okay. MR. MUDD: That's all I have, Mr. Chairman. COMMISSIONER HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I would just like to take a moment to place a special tribute to Rich King. And I'd just say farewell to my dear friend and the community's dear friend. I found out this morning that he'll no longer be with us and that Saturday was the last day he was able to spend with us here on earth, and my prayers are for Joan and his family and also for the family of Mr. Pavlic that I read about in the paper, and his daughter. And so tonight when you go to bed, make sure to say some special prayers for those families who are grieving now. And that's all. CHAIRMAN HENNING: That's very nice, Commissioner, thank you. Commissioner Coletta? COMMISSIONER COLETTA: Thank you. I have nothing. Item #15B RECOGNITION OF COMMISSIONER COLETTA FOR HIS CERTIFICATION CERTIFICATE PRESENTED AT THE FACC CONEERENCR CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. I got a paper that was just Page 189 June 24, 2003 passed to me this afternoon, and this is in regards to Commissioner -- County Commissioner Jim Coletta of District 5. It's in regards to being honored as the first member of the Board of County Commissioners to receive a commissioner's certificate -- certification certificate which was presented to him by the State of Florida by Lieutenant Tony Jennings at the Florida Association of Counties 2003 Annual Conference held June 18th through the 20th in Orlando, Florida. COMMISSIONER FIALA: Wow. COMMISSIONER HALAS: Congratulations to Jim. He completed 58 credit hours of study which exceeds the certificate -- certification requirement of 30 credit hours of core and elective courses. Commissioner Coletta completed the core classes on ethics, county government roles, responsibility of county government structure, and authority and financial management. In addition, he attended the new commissioners' workshop, he also took a number of elected courses on a variety of topics, including health and human services, pension reform, hurricane recovery and mitigation, understanding and implementing cost allocation plans, finance, administration, rural caucus, growth and environmental planning, and hurricane preparedness and response training. He attended a canvassing board workshop and took a class entitled State Agencies, Friends or Foe. And I think we should give Commissioner Coletta a hand for this great accomplishment. (Applause.) COMMISSIONER FIALA: Yes. COMMISSIONER COLETTA: Thank you. CHAIRMAN HENNING: Anything else, Commissioner? COMMISSIONER HALAS: And -- no, I'm glad we're getting out of here early though. Thank you very much. Page 190 June 24, 2003 CHAIRMAN HENNING: You're welcome. Commissioner Coletta? COMMISSIONER COLETTA: Nothing else. Thank you. CHAIRMAN HENNING: Okay. I just wanted to check in. COMMISSIONER FIALA: Good meeting, by the way. CHAIRMAN HENNING: Thank you. COMMISSIONER FIALA: It went so quickly. I would have never thought we would have been out of here -- COMMISSIONER COLETTA: No, never would have guessed. COMMISSIONER FIALA: -- before nine o'clock tonight. Great meeting. Item #15C TO DO A PROCLAMATION ENCOURAGING LEMONADE STANDS THROUGHOUT THE UNINCORPORATED AREA OF COLLIER COUNTY TO BE PRESENTED TO THE BCC DURING CHAIRMAN HENNING: The -- two things. One thing, we've __ the -- Naples has got some national press, in my opinion, it's not the best of press, and it's issues dealing around lemonade stands. And I would like to see if the board is willing to pass a resolution encouraging children to have lemonade stands throughout the unincorporated area of Collier County. COMMISSIONER FIALA: And sell Girl Scout cookies, too? COMMISSIONER HALAS: Without getting permits? CHAIRMAN HENNING: Lemonade stands are something -- a symbol of America's -- Americanism just like a hot dog and apple pIe. COMMISSIONER FIALA: It sure is. CHAIRMAN HENNING: And ma and grandpa and baseball. Page 191 June 24, 2003 COMMISSIONER FIALA: Well, I sure agree with you. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: Absolutely. COMMISSIONER HALAS: Are you going to -- are you going to propose that as a resolution? I'll -- CHAIRMAN HENNING: Mr. Weigel is going to do that. COMMISSIONER FIALA: And I'll jump on that bandwagon. MR. WEIGEL: We'll be happy to put something together. And I wondered, in terms of decorum and officialdom, if you would want a proclamation or a resolution. CHAIRMAN HENNING: Proclamation. MR. WEIGEL: And if we were to do so, are you talking about to be directed to do so today effective from this point forward, or to come back -- July 29th's a long ways away as far as that goes. And the news and timing -- COMMISSIONER HALAS: Can we do it now? MS. FILSON: You have a budget meeting on Friday. CHAIRMAN HENNING: Yeah. We could do it during the budget meeting. MR. WEIGEL: Okay. I'd like to work with Ms. Filson and put together a very good proclamation in that regard. CHAIRMAN HENNING: Great. COMMISSIONER HALAS: Fantastic. COMMISSIONER FIALA: Good suggestion. CHAIRMAN HENNING: Yeah. Love those little kids selling lemonade. I try to stop by as much as I can. I don't golf or anything like that. But you're standing out there -- but I don't do that. They're not on the water, so -- be nice to see some in the county. Commissioner Halas -- you already had your time. COMMISSIONER HALAS: Just to follow up on that, I have a little plaque in my office that said, lemonade, $22.50 a glass. It's not the cost of lemonade. It's all the permits and regulations and Page 192 June 24, 2003 everything else, so -- COMMISSIONER FIALA: Where did you get that? COMMISSIONER HALAS: So you want to stop by my office, it gives you an idea of what you -- what the little kids run into these days when they try to sell a glass of lemonade. COMMISSIONER COLETTA: I've got a neon open sign you can use. CHAIRMAN HENNING: All right. Just one other thing, happy birthday, Love, and I'll see you shortly. We're adjourned. *****Commissioner Coletta moved, seconded by Commissioner Halas and carried unanimously, that the following items under the Consent and Summary Agendas be approved and! or adopted: * * * * * Item #16A1 OFFSITE REMOVAL OF EXCESS FILL FROM THE PUBLIC SCHOOL SITE FOR SABAL PALM ELEMENTARY SCHOOL LOCATED AT 4095 18TH AVENUE N.E., BASED UPON A DETERMINA TION THAT THE EXCA VA TION WORK IS NOT "COMMERCIAL", AND A "DEVELOPMENT" EXCAVATION Item #16A2 ACCEPTANCE OF ALTERNATE SECURITY FOR THE SUBDIVISON KNOWN AS SIERRA MEADOWS AND NEW CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT TO BE EXECUTED AND EXISTING SECURITY TIlBRR.ELEA SED Item #16A3 Page 193 June 24, 2003 FINAL PLAT OF "VALENCIA GOLF AND COUNTRY CLUB, PHASE ONE", WITH CONSTRUCTION AND MAINTENANCE AGREEMENT, PERFORMANCE SECURITY, DRAINAGE AND MAINTENANCE EASEMENT AGREEMENTS AND Item #16A4 CONTRACT FOR SERVICES POSITION IN THE TOURISM DEPARTMENT TO BE CONVERTED TO A PERMANENT EIlL.IclIMEYOSIT.ION Item #16A5 GLOBAL MANUFACTURING TECHNOLOGY, INC., FOUND TO BE IN DEFAULT UNDER THE PARTICIPATING PARTY AGREEMENT (PP A) EXECUTED WITH THE COUNTY ON AUGUST 3,1999, REGARDING A MANUFACTURING Item #16A6 RELEASE OF LIENS FOR NUISANCE ABATEMENT RECORDED AS RESOLUTION NO'S: 90-550; 90-101; 91-406; 94-252; AND 94-198 STYLED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA VS. Item #16A7 SATISFACTION OF LIENS FOR CODE ENFORCEMENT Page 194 June 24, 2003 BOARD CASE NO.'S 2003-004; WALTER M. CRAWFORD, IV; 2001-018; PHILIP A. AND ANNA MARIA MARRONE; 2002-09 AND 2000-022 SHAIlJ)A Vl.S,.lNC Item #16A8 FINAL PLAT OF "CHARLEE ESTATES", WITH CONSTRUCTION AND MAINTENANCE AGREEMENT, PERFORMANCE SECURITY AND ADDITIONAL s..IIflILAIIONS Item #16A9 FINAL PLAT OF QUAIL WEST PHASE III, UNIT SIX, WITH CONSTRUCTION AND MAINTENANCE AGREEMENT, PERFORMANCE SECURITY AND ADDITIONAL s..IIflILAIIONS Item #16AI0 FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR BOLERO AT TIBURON, PELICAN MARSH WITH RELEASE OF Item #16All GRANT PROPOSAL TO BE SUBMITTED TO THE U.S. FISH AND WILDLIFE SERVICE TO FUND WETLAND PLANTINGS Item #16A12 Page 195 June 24, 2003 COLLIER COUNTY TOURISM AGREEMENT WITH VISIT NAPLES, INC. TO BE TERMINATED AND EXISTING Item #16A13 SECOND AMENDMENT TO THE TOURISM AGREEMENT WITH KELLEY SWAFFORD AND ROY, INC., FOR IMPLEMENTATION OF AN FY02/03 EMERGENCY/DISASTER RELIEF MARKETING BUDGET PLAN OF UP TO $320,000 IF NEEDED TO INCREASE VISITATION TO COLLIER COUNTY AFTER AN EMERGENCY, DISASTER OR SERIOUS SI-,OWDOWN..ill.TIlliRI Item #16A14 TOURIST DEVELOPMENT CATEGORY "A" BEACH PARK FACILITIES GRANT APPLICATION FOR CLAM PASS Item #16A15 FINAL PLAT OF "ARROWHEAD RESERVE AT LAKE TRAFFORD- PHASE ONE", WITH CONSTRUCTION AND MAINTENANCE AGREEMENT, PERFORMANCE SECURITY Item #16A16 PROGRAM ESTABLISHED TO ASSIST IN THE CONSTRUCTION OF NEW AFFORDABLE HOUSING RENTAL Page 196 June 24, 2003 Item #16A17 RESOLUTION 2003-218 AUTHORIZING THE APPLICATION TO THE U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR URBAN COUNTY RE- QUALIFICATION FOR CONTINUED PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) EROGRAMEOREISCA LYEARS 2004-2006 Item #16A18 RESOLUTION 2003-219 PERTAINING TO THE CITY OF MARCO ISLAND'S CONTINUED PARTICIPATION IN COLLIER COUNTY'S URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS Item #16A19 RESOLUTION 2003-220 PERTAINING TO THE CITY OF NAPLES CONTINUED PARTICIPATION IN COLLIER COUNTY'S URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS FOR FEDERAL EJSCALYEARS 2004-2006 Item #16A20 IMPACT FEE REIMBURSEMENTS TOTALING $11,978.94 FOR PERMIT NO. 2002102534, DEERBROOKE, INC; NO. 2002102814, MCGARVEY CUSTOM HOMES AND NO. 2002102668, ATLANTIC GULF CONSTRUCTION DUE TO Page 197 June 24, 2003 Item #16A21 IMPACT FEE REIMBURSEMENTS TOTALING $9,960.82 FOR PERMIT NO. 2002100649, SOUTHERN GULF WEST CONSTRUCTION; PERMIT NO. 2002102093, CUSTOM CRAFT HOMES OF NAPLES; INC.; PERMIT NO. 2002023541, RALPH GODDARD DUE TO OVERPAYMENT FOR BUILDING ffiRMITS Item #16A22 CONTRACT 03-3504 FOR CONSULTANT SERVICES FOR GOVERNMENT BUILDINGS IMPACT FEE STUDY - AWARDED TO TINDALE-OLIVER AND ASSOCIATES, INC. IN THE AMO.llNI..OE$ 72, 144 Item #16A23 TOURISM AGREEMENT WITH THE CITY OF NAPLES FOR T- GROIN MONITORING NEAR GORDON PASS, PROJECT 90005, Item #16A24-CRA CONSENT ITEM SIX-MONTH EXTENSION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PERIOD FROM FINANCIAL ADMINISTRATION AND HOUSING DEPARTMENT FOR THE STORMW ATER MANAGEMENT AND INFRASTRUCTURE PROGRAM IN THE GA TEW A Y Page 198 June 24, 2003 Item #16A25 BUDGET AMENDMENT TRANSFERRING MONIES FROM COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES FUND 113, BUILDING PERMIT RESERVES TO CAPITAL FOR THE REFURBISHMENT OF THE EXISTING COMMUNITY DEVELOPMENT AND ENVIRONMENTAL Item #16A26 RESOLUTION 2003-221 SUPPORTING THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S DESIGNATION OF NAPLES BAY AS A SURF ACE WATER AND IMPROVEMENT Item #16A27 BUDGET AMENDMENT TRANSFERRING MONIES FROM RESERVES TO OPERATING AND CAPITAL WITHIN THE IMPACT FEE SECTION OF COMMUNITY DEVELOPMENT Item #16A28 FIRST AMENDMENT TO TOURISM AGREEMENT WITH EVANS-KLAGES, INC., FOR EXPANDED MARKET RESEARCH SERVICES - IN THE AMOUNT OF $25,400 Item #16Bl- Moved To Item #10J Page 199 June 24, 2003 Item #16B2 LANDSCAPE MAINTENANCE AGREEMENT WITH AMERICAN FUNDING AND SERVICE CORPORATION AS TRUSTEE FOR THE FUTURE LANDSCAPING AND Item #16B3 Item #16B4 INTERAGENCY AGREEMENT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF CORRECTIONS, HENDRY CORRECTIONAL INSTITUTION, FOR CONTINUED USE OF INMATE LABOR IN ROAD MAINTENANCE ACTIVITIES AT A COST OF Item #16B5 BID #03-3511, IMMOKALEE ROAD MOWING MSTD ROADWAY GROUNDS MAINTENANCE IN THE AMOUNT OF $199,940 AWARDED TO COMMERCIAL LAND MA.INIENAN.Ca-lC Item #16B6 CONTRACT AMENDMENT NO. 01-3216-A01, WITH WOODS HOLE GROUP FOR THE HALDEMAN CREEK RESTORATION PROJECT (PROJECT NO. 51011) IN THE AMOUNT OF $40,329 Page 200 June 24, 2003 Item #16B7 RFP 03-3462 "FIXED TERM PROFESSIONAL PLANNING SERVICES AGREEMENT FOR RIGHT-OF-WAY ACQUISITION" AWARDED TO TBE GROUP; RW A CONSULTING; COASTAL ENGINEERING; GEORGE F. YOUNG AND Q.GRADY MINOR (NOT TO EXCEED $500,000 Item #16B8 BID #03-3516, DEVONSHIRE BOULEVARD IRRIGATION INSTALLATION AWARDED TO HANNULA IRRIGATION, Item #16C1 CONTRACT NEGOTIATIONS FOR RFP 03-3427 "ENVIRONMENTAL ENGINEERING, REMEDIATION AND RESTORATION SERVICES FOR COLLIER COUNTY WITH THE PROFESSIONAL SERVICE INDUSTRIES, INC. (PSI); MACTEC AND METCALF & EDDY; STAFF TO NEGOTIATE ~ Item #16C2 TWO (2) BUDGET AMENDMENTS FOR PUBLIC UTILITIES ENGINEERING DEPARTMENT PROJECT MANAGEMENT COSTS RELATED TO THE VANDERBILT LAGOON RE.SIORAII.illlY Page 201 June 24, 2003 Item #16C3 03-3484 "FIXED TERM INSTRUMENTATION AND CONTROLS ENGINEERING SERVICES CONTRACT (ESTIMATED ANNUAL AMOUNT OF $1 ,000,000) AWARDED TO THE FOLLOWING FIRMS: CAMP, DRESSER AND MCKEE, INC.; Q. GRADY MINOR AND ASSOCIATES; AND MCKIM AND CREED Item #16C4 BID 03-3499R, SOUTH COUNTY WATER RECLAMATION FACILITY BELT PRESS WALKWAY MODIFICATIONS, AWARDED TO NR CONTRACTORS, INC., IN THE AMOUNT 0E.$39,:)00 Item #16C5 SATISFACTION OF LIENS FILED AGAINST REAL PROPERTY Item # 16C6 BID #03-3514 AWARDED TO PERKINELMER FOR THE PURCHASE OF A GAS CHROMATOGRAPH/MASS SPECTROMETER SYSTEM FOR THE POLLUTION CONTROL DEPARTMENT TO ANALYZE SURFACE/GROUND/WASTE WATER AND DRINKING WATER IN THE AMOUNT OF ~ Item # 16C7 Page 202 June 24, 2003 WORK ORDER # GH-FT-03-06 UNDER CONTRACT 00-3119 AND BUDGET AMENDMENT CREATING A NEW PUBLIC UTILITIES PROJECT TO PREPARE A 2003 UPDATE TO THE RECLAIMED WATER MASTER PLAN AND REUSE RATE STUDY WITH GREELEY AND HANSEN, L.L.C. IN THE AMOl1NI..OE.$4 9,926 Item #16C8 CONVEYANCE OF UTILITY EASEMENTS TO FLORIDA POWER AND LIGHT COMPANY FOR THE INSTALLATION OF UNDERGROUND ELECTRIC FACILITIES TO SERVE THE SOUTH COUNTY WATER RECLAMATION FACILITY EXPANSION PROJECT 73949, AT AN AMOUNT NOT TO RXCEED..$:)O.OO Item #16C9 SATISFACTIONS OF NOTICE OF CLAIM OF LIEN FOR Item #16C10 ACCEPTANCE OF EASEMENT FOR 12-INCH POTABLE WATER LINE AND ASSOCIATED WATER FACILITIES EXECUTED BY RELLEUM, INC., REGARDING THE BALMORA.LEllD Item #16C11 WORK ORDER #UC-054 UNDER CONTRACT 02-3345, Page 203 June 24, 2003 AWARDED TO KYLE CONSTRUCTION, INC. IN THE AMOUNT OF $210,000.00 FOR CONSTRUCTION OF FIRE AND IRRIGATION WATER SYSTEM IMPROVEMENTS AT PELICAN BAY WOODS IN PELICAN BAY, PROJECT NO. 14023 Item #16C12 DONATION AGREEMENT AND ACCEPTANCE OF UTILITY AND TEMPORARY CONSTRUCTION EASEMENTS FROM HALSTATT PARTNERSHIP AND GREY OAKS COUNTRY CLUB, INC. FOR CONSTRUCTION OF PHASE II OF THE SEWER INTERCONNECT PROJECT TO REDIRECT FLOW BETWEEN THE NORTH AND SOUTH COUNTY SEWER SYSTEMS AT A COST NOT TO EXCEED $550 (PROJECT NO. 73076) Item #16C13 DONATION AGREEMENT AND AN AMENDED UTILITY EASEMENT FROM HALST A TT PARTNERSHIP FOR PHASE I SEWER INTERCONNECT PROJECT WHICH REDIRECTS FLOW BETWEEN THE NORTH AND SOUTH COUNTY SEWER SYSTEMS AT A COSLNQITIlF,XCEED..$:)OO.OO Item #16C14 BUDGET AMENDMENT FOR THE TRANSFER OF FUNDS FROM UNINCORPORATED GENERAL FUND, FUND 111, TO WATER AND WASTEWATER IMPACT FEES, FUNDS 411 AND 413, TO REIMBURSE THESE FUNDS FOR CONSULTANT SERVICES PERFORMED FOR AREAS OUTSIDE THE COUNTY Page 204 June 24, 2003 Item #16C15 WORK ORDER #UC-055 UNDER 02-3345 WITH KYLE CONSTRUCTION, INC. IN THE AMOUNT OF $240,000 FOR CONSTRUCTION OF FIRE AND IRRIGATION WATER SYSTEM IMPROVEMENTS AT OAKMONT IN PELICAN BAY, E.ROlECI..N 0 74023 Item #16C16 RESOLUTION 2003-222 AUTHORIZING THE LOAN APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR THE STATE REVOLVING FUND LOAN PROGRAM FOR THE NORTH COUNTY WATER RECLAMATION FACILITY (NCWRF) EXPANSION TO 24. I-MILLION GALLONS PER DAY (MGD) MAXIMUM MONTH AVERAGE DAILY FLOW (MMADF) SOLIDS STREAM Item #16C17 WORK ORDER AMENDMENT #1 DEFERRED UNDER CONTRACT #01-3271, FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS, WITH HUMISTON AND MOORE ENGINEERS FOR HIDEAWAY BEACH ACCESS IMPROVEMENTS, PROJECT 90511, PENDING APPROVAL OF ~Cy Item #16C18 Page 205 June 24, 2003 WORK ORDER HM-FT-03-02 UNDER CONTRACT #01-3271 FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS, WITH HUMISTON AND MOORE ENGINEERS_FOR HIDEAWAY BEACH RENOURISHMENT PERMITTING, PROJECT 90502, IN IHE..AMO.I..INI 03,000 Item #16C19 WORK ORDER CPE-FT-03-04 AND CPE-FT-03-05 UNDER CONTRACT #01-3271, FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS, WITH COASTAL PLANNING AND ENGINEERING FOR SAND SEARCH PHASE 3 AND MARINE RESOURCES INVESTIGATION RESPECTIVELY, AS PART OF COUNTY-WIDE SAND SEARCH, PROJECT 90527, IN THE AMO.llNI..OE..$R 99,000 Item #16C20 WORK ORDER GH-FT-03-05 UNDER CONTRACT 00-3119 WITH GREELEY AND HANSEN, LLP, TO CONDUCT THE 2003 UPDATES TO THE WATER AND WASTEWATER MASTER PLAN AND IMPACT FEE STUDIES, FOR TOTAL AMOUNT OF $~S 70070 AND 73066 Item #16D1 PARCEL 114 GOLDEN GATE ESTATES, UNIT 35, LOCATED ON SOLL STREET, (PROPOSED LIVINGSTON WOODS Page 206 June 24, 2003 Item #16D2 BID NO. 03-3486 FOR THE PURCHASE OF EMERGENCY MEDICATIONS FOR EMS DEP ARTMENT AWARDED TO AERO PRODUCTS, ALLIANCE MEDICAL, BIOMEDICAL INTERNATIONAL EMERGENCY MEDICAL PRODUCTS, RX EMS, SE EMERGENCY EQUIPMENT, AND SUN BELT MElli.CAI ' Item #16D3 MODIFICATION OF PURCHASE ORDER #4500010298 IN THE AMOUNT OF $4,600.00 WITH ENTERPRISE RENT-A-CAR FOR Item #16D4 SCREEN PRINTING UNLIMITED ADDED AS AN ADDITIONAL VENDOR TO CONTRACT #03-3478 FOR T-SHIRTS FOR Item #16D5 DONATION AGREEMENT FROM DAVID W. FISHER AND KAY J. BRITT, AS SUCCESSOR TRUSTEES OF THE HAROLD W. FISHER TRUST, FOR A FUTURE PLAYGROUND IN COPELAND AT A COST NOT TO EXCEED $2,700; OUTSTANDING LOT CLEARING LIENS TO BE WAIVED Item #16D6 Page 207 June 24, 2003 CHANGE ORDER #5 UNDER CONTRACT #99-2947 WITH BELLOMO-HERBERT AND CO., INC. IN THE AMOUNT OF $77,358.75 FOR ADDITIONAL DESIGN WORK FOR NORTH Item #16D7 BUDGET AMENDMENT TO ENSURE CONTINUOUS FUNDING OF THE HOME AND COMMUNITY BASED Item #16D8 BUDGET AMENDMENT TO ENSURE CONTINUOUS FUNDING OF THE ALZHEIMER'S DISEASE INITIATIVE GRANT Item #16D9 BUDGET AMENDMENT RECOGNIZING ACTUAL GRANT AWARD AMOUNT ($2,436) PROVIDED TO THE RSVP PROGRAM THROUGH THE NATIONAL AND COMMUNITY SEJnUCR.SENIQR CORP Item #16D10 BUDGET AMENDMENT ENSURING CONTINOUS FUNDING OF THE HOME CARE FOR THE ELDERLY GRANT UNDER Item #16D11 Page 208 June 24, 2003 BUDGET AMENDMENT ENSURING CONTINUOUS FUNDING OF THE COMMUNITY CARE FOR THE ELDERLY GRANT Item #16D12 AUTHORIZING AN EXTENSION OF AN AGREEMENT WITH THE SOUTHEASTERN LIBRARY NETWORK (SOLINET) FOR ON-LINE BIBLIOGRAPHIC CATALOGING INFORMATION Item #16D13 SOLE SOURCE SERVICE AGREEMENT WITH MEDTRONIC PHYSIO-CONTROL FOR THE MAINTENANCE AND UPGRADE OF LIFEP AK MONITORS FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT IN THE AMOUNT OF $33,132 Item #16E1 KPMG PEAT MARWICK TO CONDUCT AN AUDIT OF THE EXISTING SAP CONFIGURATION UNDER THE CURRENT EXTERNAL AUDITOR SERVICES AGREEMENT FOR A NEGOTIATED COST OF $68,000 INCLUDING FEES AND E.XEENSF,S Item #16E2 COLLIER COUNTY GOVERNMENT EQUAL EMPLOYMENT OPPORTUNITY PLAN TO BE MAINTAINED ON FILE Page 209 June 24, 2003 ACCORDING TO THE U.S. JUSTICE DEPARTMENT FOR Item # 16E3 ACCEPTANCE OF THE ADMINISTRATIVE CHANGE ORDER REPORT AND RATIFICATION ON THE LIST OF CHANGE Item #16E4 AUTHORIZING THE ENGLERT MANUFACTURERS 20 YEAR LIMITED WEATHER TIGHTNESS WARRANTY SERIES 2500, 2" MECHANICALLY SEAMED ROOFING SYSTEM AS INSTALLED AT THE MAX HASSE COMMUNITY CENTER IlNDER CONIRACLNO. 00-312R Item #16E5 PAYMENT FOR TEMPORARY LIVING EXPENSES AND RELOCATION EXPENSES INCURRED BY JAMES W. DELONY FROM JUNE 17 TO NOVEMBER 17, 2002 AUTHORIZED IN Item #16F1 MODIFICATION #1 OF GRANT #03-FT-1B-09-21-01-341 BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY REGARDING THE CONTINUITY OF OPERATIONS PLANNING GRANT FOR THE COMPREHENSIVE EMERGENCY Page 210 June 24, 2003 Item #16G1 BUDGET AMENDMENT TO INCREASE THE BUDGETED REVENUES AND EXPENSES FOR THE SALE AND PURCHASE OF AVIATION FUEL AT MARCO ISLAND EXECUTIVE AIRE.ORT Item #16I1 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REEERRED The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 211 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE June 24, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1. Tuscany Reserve Community District - Minutes of Meeting held on 4/1 0/03 B. Minutes: 1. Pelican Bay Services - Agenda for June 4, 2003, Minutes of May 7, 2003, Agenda for Wednesday May 7, 2003, Minutes of April 2, 2003. 2. Collier County Airport Authority - Agenda for May 12,2003. 3. Collier County Library Advisory Board - Agenda for April 23, 2003, Minutes of March 26, 2003. 4. Isles of Capri Fire/Rescue Advisory Board Summary - Minutes of April 3,2003. Minutes of May 8, 2003, Agenda for May 8, 2003. 5. Forest Lakes Advisory Committee - Minutes of May 9,2003, May 30, 2003. 6. Immokalee Local Redevelopment Advisory Board - Agenda for May 28, 2003. ,; 7. Historical & archaeological Preservation Board - Agenda for May 21, 2003, Minutes of April 16, 2003. Minutes from the Meeting of April 16, 2003 8. Community Character/Smart Growth Committee - Agenda and Minutes, of May 7,2003 and Agenda and Minutes for May 14,2003. Agenda and Minutes of April 9, 2003 and Agenda and Minutes of April 23, 2003 9. Development Services Advisory Committee - Agenda for June 4,2003, Minutes of May 7, 2003. 10. Collier County Citizens Corps Advisory Committee - Minutes, Agenda for April 17, 2003 of April 17, 2003. H:Data/F ormat 11. Immokalee Beautification M.S.T.U. Advisory Committee - Agenda for May 21, 2003, Minutes for April 16, 2003. 12. Citizen's Advisory Task Force - Agenda for May 9, 2003. 13. Collier County Planning Commission - Agenda for May 15, 2003; Minutes of April 17, 2003. Agenda for June 5, 2003, Minutes of May 1, 2003. 14. Bayshore Beautification M.S.T.U. Advisory Committee - Agenda for June 11,2003, Minutes of May 14,2003. 15. Health and Human Services Advisory Committee - Agenda for May 15, 2003, Minutes of January 16,2003. 16. Ochopee Fire Control District Advisory Committee - Minutes of April 14, 2003. 17. Bayshore/Gateway Triangle Local Redevelopment Advisory Committee- November 6, 2002. 18. Immokalee Local Redevelopment Advisory Board - Minutes of October 2002. 19. Collier County Productivity Committee - Minutes of April 16, 2003. 20. Bayshore/Gateway Triangle Local Redevelopment Advisory Board- Minutes of October 21, 2002. 21. Vanderbilt Beach M.S.T.U. Advisory Committee - Agenda for June 2, 2003, Minutes of May 1,2003 C. Other: ,; 1) Guy L. Carlton - Collier County Tax Collector Budget Amendment H:Data/Format June 24, 2003 Item #16J1 DETERMINATION THAT THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS FROM MAY 31, 2003 THROUGH JUNE 13, 2003 SERVE A VALID PUBLIC PURPOSE AND EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID Item # 16J2 FINANCE AND ACCOUNTING DEPARTMENT TO FILE THE STATE OF FLORIDA ANNUAL LOCAL GOVERNMENT FINANCIAL REPORT FOR FISCAL YEAR 2001-2002, IN EXECUTED FORM, WITH THE DEPARTMENT OF BANKING ANIlEINANCF, Item #16K1 SETTLEMENT AGREEMENT AND MUTUAL RELEASE FOR ALL CLAIMS RELATING TO CASE NO. 03-230-CA, COLLIER COUNTY VS. THE CARLISLE AT NAPLES, LTD. REGARDING Item #16K2 STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCELS 113 AND 713 IN THE LAWSUIT STYLED COLLIER COUNTY VS. FAITH BIBLE CHURCH OF NAPLES, INC. ET AL., CASE NO. 99-2165-CA (IMMOKALEE ROAD, PROJECT NO. 69101) STAFF TO DEPOSIT $39,326.00 Page 212 June 24, 2003 Item #16K3 SETTLEMENT AGREEMENT PROVIDING FOR ABATEMENT OF CODE VIOLATIONS AND COMPROMISE OF LIEN AMOUNTS IN TWO CODE ENFORCEMENT LIEN FORECLOSURES ENTITLED COLLIER COUNTY V. ANTHONY J. VARANO, CASE NO. 99-4226-CA AND 00-3430- CA wIIH..SIINIL.AIIS Item # 1 7 A RESOLUTION 2003-223 REGARDING PETITION CU-2002-AR- 3054, JAMES E. MCDONALD OR KAREN P . SHELTON, REPRESENTING THE TRUSTEES OF VANDERBILT PRESBYTERIAN CHURCH REQUESTING CONDITIONAL USE "2" (CHURCHES AND HOUSES OF WORSHIP) AND CONDITIONAL USE "4" (CHILD CARE) OF THE RSF-3 ZONING DISTRICT FOR AN EXISTING CHURCH AND THE USE FOR A PRE-SCHOOL AND CHILD CARE WITHIN THE EXISTING CHURCH LOCATED AT 1225 AND 1301 PIPER Item # 17B-Continued To The July 29, 2003 Meeting PETITION PUDZ-2003-AR-3607, WILLIAM L. HOOVER, AICP OF HOOVER PLANNING & DEVELOPMENT, INC., REPRESENTING BARTON AND WENDY MCINTYRE AND JOSEPH MAGDALENER, REQUESTING CHANGES TO THE EXISTING NICAEA ACADEMY PUD ZONING TO ELIMINATE THE USES OF A PRIVATE SCHOOL AND A ASSISTED LIVING FACILITY AND ALLOW FOR A MAXIMUM OF 580 Page 213 June 24, 2003 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD, SOUTH OF Item #17C ORDINANCE 2003-28 REGARDING PETITION PUDZ-2002-AR- 2869, D. WAYNE ARNOLD, AICP, OF Q. GRADY MINOR & ASSOCIATES, P.A., REPRESENTING PANTHER DEVELOPMENT, L.P., REQUESTING A REZONE FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT HAVING THE EFFECT OF CHANGING THE NAME FROM RONTO LIVINGSTON PUD TO TUSCANY RESERVE PUD, CHANGING OWNERSHIP, REDUCING DWELLING UNITS, REDUCING DENSITY, AND ADDING A VILLAGE CENTER LAND USE DISTRICT; FOR PROPERTY LOCATED WEST OF INTERSTATE-75 AND EAST OF LIVINGSTON ROAD AT THE Item #17D ORDINANCE 2003-29 REGARDING PETITION PUDZ-02-AR- 3161, ROBERT DUANE OF HOLE MONTES, INC., REPRESENTING THE BOTANICAL GARDENS INC., REQUESTING A REZONE FROM "C-3" "RSF-3" "RSF-4" , , , "RSF-5" "RMF-6" AND "PUD" TO PUD PLANNED UNIT " , DEVELOPMENT TO BE KNOWN AS THE NAPLES BOTANICAL GARDEN PUD FOR AN EDUCATION CENTER, CONSERVATORY, EXHIBITION GALLERY, MAINTENANCE NURSERY, PEDISTRIAN WAYS THROUGH VARIOUS GARDEN AREAS AND A THEATER FOR PROPERTY LOCATED ON SOUTHWEST CORNER OF BA YSHORE DRIVE Page 214 June 24, 2003 ANrrIHOM ASSONllRlYE Item #17E ORDINANCE 2003-30, REGARDING PETITION PUDZ-2002- 2433, WILLIAM L. HOOVER, AICP, OF HOOVER PLANNING & DEVELOPMENT, INC., REPRESENTING DAVID A. CUSTER OF H.D. DEVELOPMENT, LLC, REQUESTING A REZONE FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS H.D. DEVELOPMENT PUD FOR 104 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD APPROXIMATELY 1.25 MILES EAST OF OAKES BOULEVARD Item #17F ORDINANCE 2003-31 REGARDING PETITION SE-AR-4038, AN ORDINANCE AMENDING ORDINANCE 02-26, THE AMERISITE REZONE TO CORRECT A SCRIVENERS ERROR RESULTING FROM THE UNINTENTIONAL INCLUSION OF AN INCORRECT LEGAL DESCRIPTION IN THE TRANSMITTAL COpy OF THE ADOPTED ORDINANCE TO DEPARTMENT OF STATE FOR THE PROPERTY LOCATED ON Item #17G RESOLUTION 2003-224 REGARDING PETITION SNR-2003-AR- 3868, KATHLEEN BAILIE OF BONNIESS, INC., REPRESENTING KATHLEEN COURT PROPERTY OWNERS ASSOCIATION, INC., REQUESTING A STREET NAME Page 215 June 24, 2003 CHANGE FOR THAT PORTION OF HOUCHIN STREET WHICH BEGINS AT THE INTERSECTION OF SEWARD AVENUE AND Item #17H ORDINANCE 2003-32 REGARDING ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, 2001-13, AS AMENDED, PROVIDING CRITERIA AND GUIDELINES FOR THE REIMBURSEMENT OF IMP ACT FEES, AUTHORIZING THE ASSESSMENT OF A NON-REFUNDABLE "IMPACT FEE REIMBURSEMENT PROCESSING FEE" AND PROVIDING CLARIFICATION FOR THE ASSESSMENT OF IMPACT FEES Item #17I- Withdrawn PETITION ADA-03-AR-4050, C. LANE WOOD, OF QUARLES AND BRADY, LLP, REPRESENTING WILLIAM T. HIGGS, OWNER OF WHITE LAKE CORPORATE PARK PUD, REQUESTING AN APPEAL TO INTERPRETATION AR-3202 WHICH WAS RENDERED ON MARCH 26, 2003, REGARDING PUD DEVELOPMENT STANDARDS PREVAILING OVER REGULATIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND INTERPRETATION REGARDING BUFFERING REQUIREMENTS OF PUD ORDINANCE 01-59 PREVAILING OVER THE BUFFERING REQUIREMENTS OF ORllINANC.P 03-0~ Item #17J- Continued To July 29, 2003 Meeting Page 216 June 24, 2003 PETITION PUDZ-2002-AR-2841, RICHARD WOODRUFF, AICP, OF WILSON MILLER INC., AND R. BRUCE ANDERSON, ESQUIRE, OF YOUNG, VAN ASSENDERP, VARNADOE AND ANDERSON, P.A., REPRESENTING U.S. HOME CORPORATION, REQUESTING A REZONE FROM "A" RURAL AGRICUL TURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS HERITAGE BAY DRIIPUD LOCATED ON THE NORTHEAST CORNER OF IMMOKALEE ROAD AND Item #17K- Continued To The July 29, 003 BCC Meeting PETITION DRI-2000-01, RICHARD WOODRUFF, OF WILSON MILLER, INC., REPRESENTING U.S HOME CORPORATION, REQUESTING APPROVAL OF A DEVELOPMENT ORDER FOR THE HERIT AGE BAY DEVELOPMENT OF REGIONAL IMPACT (DRI) LOCATED ON THE NORTHEAST CORNER OF IMMOKALEE ROAD AND COLLIER BOULEVARD Item #17L ORDINANCE 2003-33 REGARDING PUDZ-2002-AR-3512, D. WAYNE ARNOLD, AICP, OF Q. GRADY MINOR AND ASSOCIATES, P.A., AND RICHARD D. YOVANOVICH OF GOODLETTE, COLEMAN AND JOHNSON, P.A., REPRESENTING TBI/NAPLES L TD, REQUESTING A REZONE FROM "PUD" TO "PUD" FOR A PROJECT PREVIOUSLY KNOWN AS NAPLES FOREST COUNTRY CLUB TO NOW BE NAMED NAPLES LAKES COUNTRY CLUB PUD, LOCATED AT THE NW CORNER OF COLLIER BOULEVARD AND Page 217 June 24, 2003 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3 :27 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL TO~i'~an ATTEST: DWIGHT E. BROCK, CLERK ", \,:\ . f;.1i .,' ~-) ~ " . ,,:0 , .. ," . ' 'h "~"J ~ ).. .04 :'~'., .,' .f.l:Jf', ..~~ I vC- ~_!J toCltli..... s s 10f\ft__. OIly. These minutes approved by the Board on presented v or as corrected '1-2~~03 , as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 218