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BCC Minutes 07/29/2003 RJuly 29, 2003 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, July 29, 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 districts as have been created according to law and having conducted business herein, met on this date at 9:02 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Tom Henning Jim Coletta Fred Coyle (Speaker Phone) Donna Fiala Frank Halas ALSO PRESENT: Jim Mudd, County Administrator David C. Weigel, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA July 29, 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 SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS .THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1 July 29, 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 IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE e Jane Silcox, Clinical Pastoral Education Department, Naples Community Hospital AGENDA AND MINUTES Ge Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) June 10, 2003 - Regular Meeting June 13, 2003 - CRA Meeting June 16, 2003 - LDC/Special Meeting June 24, 2003 - Regular Meeting June 26, 2003 - BCC/Budget Workshop June 27, 2003 - BCC/Budget Workshop SERVICE AWARDS TWENTY-FIVE YEAR ATTENDEE: 2 July 29, 2003 e o o 1) Homero Partida Jr., Transportation Division PROCLAMATIONS A. Proclamation to recognize Tuesday, August 5, 2003, as National Night Out in Collier County. To be accepted by Skip Sweikert, President. B. Proclamation to recognize the Collier County Library Department for being awarded the Achievement Award from the National Association of Counties. To be accepted by Andrea Taylor and Susan Petr. C. Proclamation to recognize Keith Larson as "Citizen of the Year for Golden Gate". To be accepted by Keith Larson. PRESENTATIONS A. Recommendation to recognize Louise Hardy, Administrative Secretary, Parks and Recreation, as Employee of the Month for July 2003. PUBLIC PETITIONS Ao Bo Co This item to be heard before 11:00 a.m. Public Petition request by Ms. Heather Knight requesting the Chairman of the Board of County Commissioners send a letter to FEMA on behalf of the Residents of Golden Gate Estates. Public Petition request by Ms. Cheri R. Byrd requesting to discuss ingress/egress problem located at 91 Golden Gate Boulevard. Public Petition request by Mr. Paul Feuer, President, Village Walk Homeowners Association, regarding Livingston Road Extension. BOARD OF ZONING APPEALS Ao This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2003-AR-3634, Dennis Cronin, of Bond, Schoeneck and King, P.A., representing Dennis R. Combs and Earl G. Hodges, requesting Conditional Use "20" for an oil storage facility in an 'T' Industrial Zoning District. The property to be considered for the conditional use is located in the northwest quadrant of the 3 July 29, 2003 intersection of Industrial Boulevard and Radio Road at 68 Industrial Boulevard in Section 36, Township 49 south, Range 25 east, Collier County, Florida. This property consists of 4.63 acres +. Be Request to continue this item to the September 97 2003 BCC Meeting. VA-2003-AR-2525 Robert Davy and Mark Allen, representing Little Hickory Shores Unit 3 Re-Plat Property Owners, requesting a 15-foot variance from the required boathouse sideyard setback of 15 feet to 0 feet and a 30-foot variance from the 20-foot maximum protrusion for a boathouse to a maximum of 50 feet, for property located in the Hickory Shores Subdivision, Lots 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 22, Block G; and Lots 3, 4, 5, 6, 7, 8, 9 and 10, Block H, in Section 5, Township 48 south, Range 25 east, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS Ae Public Hearing for the 2003 2nd Cycle of Growth Management Plan Amendments - all County initiated. (Transmittal hearing). Be This item to be heard at 3:00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition 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 3,450 residential dwelling units, 200 assisted living units, a 54-hole golf course and related facilities, three neighborhood town centers to contain up to 30,000 square feet of building space, and a maximum of 200,000 square feet of commercial uses for property located at the northeast comer of Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951), in Sections 13, 14, 23 and 24, Township 48 south, Range 26 east, Collier County, Florida, consisting of 2,562 acres. Companion Item: PUDZ-02-AR-2841. Ce This item to be heard at 3:00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-02-AR-2841, Richard Woodruff of Wilson Miller, Inc. representing U.S. Home Corporation, requesting a rezone from "A" Rural Agriculture to "PUD" (Planned Unit Development) to be known as the Heritage Bay PUD permitting 3,450 residential dwelling units, 200 assisted living units, a 54~hole golf course and related facilities, three neighborhood town centers to contain up to 30,000 square feet of building space, and a 4 July 29, 2003 maximum of 200,000 square feet of commercial uses for property located at the northeast comer of Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951), in Sections 13, 14, 23 and 24, Township 48 south, Range 26 east, Collier County, Florida, consisting of 2,562 acres. Companion Item: DRI-2000-01. Do This item was continued from the June 24, 2003 BCC Meeting and will be re-advertised and request further continuance to the September 23, 2003 BCC Meeting. The Collier County Planning Commission has also continued the item. 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 Mclntyre 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. to Adoption of an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, as amended by Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, by establishing a deferral program for the Immokalee area to reduce the economic effects of increased impact fee rates. 9. BOARD OF COUNTY COMMISSIONERS Appointment of members to the Immokalee Area Master Plan Ad Hoc Committee. B. Appointment of member to the Contractors' Licensing Board. C. Appointment of member to the Board of Building Adjustments and Appeals. De Item continued from the June 24, 2003 BCC Meeting. A Resolution to establish the Fire and Emergency Medical Services Advisory Committee. 5 July 29, 2003 10. COUNTY MANAGER'S REPORT Ae This item to be heard at 1:00 p.m. To receive Board approval to enter into a Memorandum of Understanding between the State of Florida, the South Florida Water Management District (SFWMD), Big Cypress Basin (BCB), and Collier County initiating vacation proceedings of the Southern Golden Gate Estates roadway system and establishing an off road vehicle recreation area. (Jim Mudd, County Manager.) Be To adopt proposed FY 2004 millage rates. (Mike Smykowski, Office of Budget and Management Director.) Ce This item to be heard at 12:00 noon. Recommendation that the Board of County Commissioners and the County's Labor Negotiation Committee hold a Strategy Session for Collective Bargaining with the Southwest Florida Professional Firefighters and Paramedics, IAFF Local 1826, Local 3670 (Ochopee), in the Shade pursuant to Section 447.605 (1), Fla. Stat. (John Dunnuck, Administrator, Public Services) De Adoption of a resolution approving an application for an impact fee waiver, in the amount of $7,500 for Collier Health Services, Incorporated, the County's primary care clinic. (Joseph K. Schmitt, Administrator, Community Development) Approve Supplemental Agreement No. 3 for Professional Engineering Services by CH2MHILL, Inc., for six-laning design of Immokalee Road, (Project No. 60018, Fiscal Impact $418,979), RFP No. 99-3020. (Norman Feder, Administrator, Transportation Services) Fe Approve Contract Amendment No. 1 in the amount of $1,121,212.33 to APAC-Florida, Inc., for the Immokalee Road four lane-widening project, from CR 951 to 43rd Avenue NE, Project No. 60018. (Norman Feder, Administrator, Transportation Services) Ge Recommendation that the Board reject a proposed settlement agreement submitted by the Southwest Florida Professional Firefighters and Paramedics and authorize the County Attorney's Office to proceed with Arbitration Hearings. (John Dunnuck, Administrator, Public Services) 6 July 29, 2003 11. 12. 13. He Board approval to amend the Interlocal Agreement with the City of Naples extending the current distribution of the local option gas taxes revenue until December 31, 2003. (Mike Smykowski, Office of Management and Budget Director) Approve Developer Agreement with Collier Land Development Inc., for proportionate fair share of costs associated with the future Lely Canal Storm Water Improvements Project subject to developer complying with all conditions of the Agreement imposed by the County. (Norman Feder, Administrator, Transportation Services) PUBLIC COMMENTS ON GENERAL TOPICS COUNTY ATTORNEY'S REPORT OTHER CONSTITUTIONAL OFFICERS 14. 15. AIRPORT AUTHORITY 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. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request Board approval to accept a grant for $200,000 under the Florida Economic Development Transportation Fund Program; approve an agreement between the Florida Office of Trade, Tourism and Economic Development and Collier County; approve a budget amendment in the amount of $200,000; approve a resolution accepting future road maintenance; approve a road maintenance agreement between the County and the North Naples Golf Range, Inc. 2) Authorize the Chairman to sign a $50,000 reimbursable grant agreement with the U.S. Fish and Wildlife Service for funding exotic 7 July 29, 2003 3) 4) S) 6) 7) 8) 9) 10) vegetation removal on County Road 92 and U.S. 41. Approval of the Release of Lien for Case No. 2001-024 styled Board of County Commissioners Collier County, Florida vs. Charles and Christine Morrison for violation of Ordinances No. 99-51, as successor to Ordinance No. 91-47, as amended of the Collier County Land Development Code. Approval by the Board of County Commissioners of a contract with award Vacations Corporation for web enabled vacation packages for Collier County visitors and payment of related fees in the amount of $5,000. Approve a TDC Category "A" Grant Application for the Lowdermilk Park Parking Lot Reconstruction/Restoration in the amount of $375,000. Request by Bradley N. Cance, General Manager of the Ritz-Carlton Golf Resort, for an extension of the number of days permitted for hosting special events. Approve a Tourism Agreement with the City of Naples for semi- annual monitoring of Doctors Pass, Project 90003, in the amount of $10,000. Request to approve for recording the final plat of"Delasol Phase One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Request to approve for recording the final plat of "Delasol Phase Two", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security, and accept the County Park Dedication Agreement. Request to approve for recording the final plat of "Valencia Lakes- Phase 4-A", 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 8 July 29, 2003 13) 14) lS) 16) 18) easements. Request to approve for recording the final plat of"Cayo Costa", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Request to approve for recording the final plat of"Casa Del Lago", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Approval of resolution repealing Resolution No. 2003-130 approved by the Board of County Commissioners on March 25, 2003, authorizing a temporary optional fuel cost surcharge that authorized but did not require taxi drivers to recover some of the extraordinarily high cost to purchase motor vehicle fuel. Request to approve for recording the final plat of "Stratford Place" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Approval of Contract #03-3504, in the amount of $39,945, with Henderson, Young and Company for consultant services for an emergency medical services impact fee update study. Approval of Contract #03-3504 in the amount of $40,632.50 with Tindale-Oliver and Associates, Inc., for consultant services for a library system impact fee update study. Authorize the Chairman to sign a $4,500 reimbursable grant agreement with the U.S. Fish and Wildlife Service for funding exotic vegetation removal in Barefoot Beach Preserve. Board of County Commissioners determination that the advertising and promotion expenses listed in the attached invoice serves the public interest and promotes tourism in Collier County, and authorize payment of prior period expenses. Approval of one (1) impact fee reimbursement of $26,768.41 due to overpayment. 9 July 29, 2003 19) Board of County Commissioners approval of the Tourism Department Marketing Plan Budget and its related expenditures for FY02-03 and a finding that the plan is in the public interest and promotes tourism in Collier County. 20) Approve a budget amendment in the amount of $100,000 to fund the creation of a non-profit Housing Development Corporation (HDC). Request to approve for recording the final plat of "Market Center", AR-3336, and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 22) Approval by the BCC of Tourism Department initiatives, a finding that the initiatives are in the public interest by promoting tourism in Collier County, and to authorize payment for expenses incurred for those initiatives. B. TRANSPORTATION SERVICES 1) Approve a Resolution to Ordinance No. 2003-37 adopting changes to the "Construction Standards Handbook for work within the Right-of- Way, Collier County, Florida". 2) Authorize conveyance of a utility easement to Florida Power and Light Company for the relocation of a utility pole and guy-wire onto county-owned property (fiscal impact $15.00) Golden Gate and Coronado Parkways. 3) Approve the utility location agreement with Tampa Electric Company DBA/Peoples Gas System associated with the Golden Gate Parkway Improvements Project, Collier County Project No. 60027 (six-laning from Livingston Road to east of Santa Barbara Boulevard). 4) Approve a resolution authorizing the execution of a State highway lighting, maintenance, and compensation agreement between the State of Florida Department of Transportation and Collier County. Request Board approve conceptual median modifications and revised lane calls along Golden Gate Parkway east of the intersection of 10 July 29, 2003 Golden Gate Parkway and Goodlette-Frank Roadl 6) Board authorization to enter into an Interlocal Agreement with Lee County regarding County Road 951 Project Development and Environmental (PD & E) Study 60171 in the amount of $250,000. 7) Approve a resolution authorizing the execution of a Traffic Signal Maintenance and Compensation Agreement between the State of Florida Department of Transportation and Collier County. 8) Waive the formal bid process and approve a contract between Temple, Incorporated and Collier County for services related to the completion of the Florida Department of Transportation (FDOT) Advanced Traffic Management System (ATMS) Project, Phase I, costs reimbursed by Florida Department of Transportation. 9) Approve Supplemental Agreement No. 8 for Professional Engineering Post Design Services by Hole Montes, Inc., for the Lakeland Avenue Bridge, (Project No. 66042, Fiscal Impact $15,000) RFP #00-3057. 10) Approve Contract Amendment for Work Order #AEC-FT-01-04-A02 (PSA Contract #98-2835) in the amount of $28,832, to complete Stormwater Capital Improvement Project No. 51704, Lake Mockingbird Outfall in Immokalee. 11) Approve award of a construction contract to Better Roads Inc., for the countywide paved shoulders and sidewalk improvements project, Bid No. 03-3528 in the amount of $549,370.25. 12) Adopt a resolution authorizing the acquisition by donation of easement and fee simple interests required for purposes of constructing and maintaining drainage facilities within the Lely Area Stormwater Improvement Area, (Project 51101). Fiscal Impact: Limited to recording fees, not to exceed $6000. 13) Approve supplemental work order for the Forest Lakes MSTU to Wilson Miller in the amount of $56,000. 11 July 29, 2003 14) Award Contracts 03-3465 "Annual Contract for Traffic Engineering Consulting Services" (estimated annual amount $300,000). 15) Approve Professional Services Agreement No. 03-3509 in the amount of $1,063,253 for consulting and design services to be provided by American Consultant Engineers of Florida, LLC, for proposed capacity improvements to Goodlette-Frank Road from Golden Gate Parkway to Pine Ridge Road, Project No. 60005. i6) Request that the Board of County Commissioners approve a donation agreement and accept a warranty deed from Olde Cypress Development, Ltd., for Olde Cypress Unit One, Tract R-3, Tract O and A portion of Tract R-1 subject to the modification of the reverter language contained in the warranty deed and the County Attorney's Office review and recommendation of the revised language. 17) A resolution to prohibit tracks and other commercial vehicles having a rated load-carrying capacity in excess of five (5) tons from operating in the left lane, except when passing or preparing to make a left turn, on Immokalee Road from Airport-Pulling Road to Collier Boulevard, Golden Gate Boulevard from Collier Boulevard to Wilson Boulevard, and Collier Boulevard from Golden Gate Boulevard to US 41. Installation of legally required signage for notice to motorists; cost approval of $3200. (Effective date September 1, 2003) C. PUBLIC UTILITIES 1) Present findings and recommendations concerning the negotiations with Interstate Waste Technologies pursuant to RFP #02-3316 MSW Processing & Gasification Facility. Approve ending negotiations with IWT and starting negotiations with Brightstar. 2) 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 $106.50 to record the liens. 3) Approve award of Bid #03-3523 for "furnish and delivery of household recycling containers" - estimated cost per fiscal year is 12 July 29, 2003 4) 5) 6) $20,000. Adopt a resolution amending Resolution No. 2002-141 pertaining to the Price Street-Barefoot Williams Road Municipal Service Benefit Unit, Project Number 70077. Award Contracts 03-3484 "Fixed Term Instrumentation and Controls Engineering Services (estimated annual amount $1,000,000) to the following firms: RKS Engineering, Inc.; Carollo Engineers; Westin Engineering, Inc. Authorization to execute and record satisfactions for certain water and/or sewer impact fee payment agreements. Fiscal impact is $28.50 to record the Satisfactions. 7) Approval of payment of Consent Order Number 03-0866-11-IW issued to the North County Regional Water Treatment Plant in the amount of $750.00. 8) 9) Approve electrical utility rate agreements for the North County Water Reclamation Facility as negotiated with Florida Power and Light Company. Approve a budget amendment in the amount of $55,760 to reallocate funds for the transfer of Safety Coordinator position from Wastewater Administration Cost Center to the Water Administration Cost Center. 10) Adopt a resolution approving the Satisfaction of Lien for solid waste residential account wherein the County has received payment and said lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $12.00 to record the lien. 11) Adopt a resolution approving the Satisfaction of Liens for solid waste residential accounts wherein the County has received payment and said liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $28.50 to record the liens. 13 July 29, 2003 Adopt a resolution approving the Satisfaction of Liens for solid waste residential accounts wherein the County has received payment and said liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $46.50 to record the liens. 13) Approve transfer of funding source of Work Order No. UC-023 in the amount of $535,600 from Fund 414 (User Fees) Project 73051 to Fund 413 (Impact Fees) for pump station improvements to Kyle Construction Inc., previously approved by the Board on April 8, 2003, Agenda Item 16 C, Project 73495. 14) Approve selection committee ranking of firms for contract negotiations for RFP 03-3517, "Professional Engineering Services for Water Main Projects" (Estimated dollar amount of contract is $1,000,000). Request for the Board of County Commissioners to approve proposed Change Order No. 2 with United Engineering Corporation for the South County Water Treatment Plant Expansion (Bid No. 01-3194) in the amount of $459,881.57. 16) Approve Work Order GH-FT-03-8 in the amount of $149,812 with Greeley and Hansen LLC for the design and construction of Pigging Stations for the existing 30-inch parallel sewer force main on Immokalee Road, Project 73943. 17) Affirm that the Manatee Road 6 million-gallon ground storage tank is an element of a project planned for in the 2002 Water Master Plan entitled Manatee Road Four Potable Water ASR Wells, Project 70157, in the approximate amount of $2 million. 18) Accept the selection committee short list ranking for RFQ #03-3522, testing services for the inflow and infiltration study and authorize the Chairman to execute the contract for these services, Project Number 73164. 19) This item has been deleted. 14 July 29, 2003 20) Approve contribution of $20,000 to the South Florida Water Management District for a further feasibility study of a regional irrigation distribution system at a sub-regional level. 21) Authorize the Chairman of the Board of County Commissioners to execute an assignment of a contract that has been assigned by Richard K. Bennett, Trustee, (Assignor) to Citygate Development, LLC, (Assignee), Project 70054. 22) Approve amendments to close out Work Orders GH-FT-02-05 and GH-FT-02-06 with Greeley and Hansen, LLC, to update the 2002 Water and Wastewater Master Plans, Projects 70070 and 73066. (In the amount of $74,600) D. PUBLIC SERVICES 1) Authorize the Chairman to sign the Home Care for the Elderly Grant contract between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida and approve the budget amendment. 2) Authorize the Chairman to sign the Alzheimer's Disease Initiative Grant contract between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida and approve the budget amendment. 3) Approve the Community Care for the Elderly Continuation Grant and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida. 4) Authorize a budget amendment recognizing Community Development Block Grant Revenue in the amount of $46,5000 for the Human Services Department to provide prescription medications to low income residents in Immokalee. s) Approve amending Resolution 02-429 for Collier County EMS Service User Fees which will maximize revenue by adopting rates in 15 July 29, 2003 accordance with similar Florida ambulance providers. 6) Approve an Interlocal Agreement with the City of Naples for the reciprocal beach-parking program at a cost of $390,000 for Fiscal Year 2003. 7) Authorize the County Manager or designee to approve funds not to exceed $20,000 to spray for mosquitoes outside of the Collier Mosquito Control District should the County be placed on Medical Alert by the Department of Health. E. ADMINISTRATIVE SERVICES 1) Recommendation to award Bid #03-3518, Safety Equipment and Supplies, to Safety Supply Warehouse and Grainger. (Estimated not to exceed $100,000) 2) Recommendation to reject all proposals received under RFP 03-3543, Communications Services Contract. 3) Approve a budget amendment to move funds from the Information Technology Department budget to the Human Resources Department budget in order to provide adequate funding to meet staffing needs for the remainder of the current fiscal year. 4) Award of Bid #03-3527, "Gasoline and Diesel Fuel", to Evans Oil Company and Petroleum Traders Corporation, estimated at $1.8 million annually. s) Approve payment of $34,467.43 to AAA Generator, Inc., for use tax assessed by State of Florida Department of Revenue and for use tax incurred after assessment on contracted work. 6) Report and ratify staff-approved administrative change orders to board-approved contracts. 7) Approve partial funding in the amount of $16,622.67 for the Golden Gate Fire Safety Complex Kitchen Remodel to improve facility accommodations. 16 July 29, 2003 8) Approve Change Order #3, Amendment Four, Contract 98-2867, in the amount of $338,000 for the design of the expansion and renovation of the Naples Jail Center to AEC National, included is the threshold inspection, piling redesign, build-out of the third floor expansion, ice tank relocations and stucco replacement to the existing jail. F. COUNTY MANAGER 1) Summary of Consent and Emergency Agenda Items approved by the County Manager during the Board of County Commissioners' scheduled recess. 2) Recommendation that the Board of County Commissioners award Bid #03-3520 in the amount of $44,800 for purchase and delivery of pine straw mulch to Forestry Resources Inc. 3) Approve an agreement and adopt a resolution authorizing Collier County, Florida to accept a $20,000 matching grant (75/25) from the Florida Department of Community Affairs to revise and update the Collier County's local mitigation strategy and approve a budget amendment to recognize and appropriate revenue. 4) Recommendation that the Board of County Commissioners adopt a resolution fixing the date, time and place for the public hearing for approving the special assessment (non-ad valorem assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or preserve areas, and establishment of capital reserve funds for ambient noise management, maintenance of conservation or preserve areas, U.S. 41 berms, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. 5) Approve Resolution of the Board of County Commissioners of Collier County, Florida, amending and supplementing a Resolution entitled "A Resolution of the Board of County Commissioners of Collier County, Florida authorizing the issuance by Collier County, Florida of 11 July 29, 2003 6) 7) $120,00,000 in aggregate principal amount of Collier County, Florida Gas Tax Revenue Bonds, Series 2003 in order to provide funds for the principal purposes of financing the costs of various transportation improvements within the County and refinancing certain indebtedness; pledging the money's received by the County from the herein described gas tax revenues to secure payment of the principal of and interest on said bonds; providing for the rights of the holders of said bonds; providing for the issuance of additional bonds; providing for certain additional matters in respect to said bonds; and providing for an effective date for this Resolution"; authorizing the issuance of the Collier County, Florida Gas Tax Revenue Bonds, Series 2004 in an aggregate principal amount of not exceeding $51,000,000; adding the constitutional gas tax to the pledged funds; providing for validation of the Series 2004 bonds; and providing an effective date. Approve resolution of the Board of County Commissioners of Collier County, Florida regarding reimbursement of certain costs relating to the acquisition, construction, and renovation of the County Jail Complex addition and renovation parking deck and chiller plant expansion, and the Development Services Building expansion and parking garage, and providing an effective date. The Finance Department seeks approval of a Budget Amendment required for payment of rebatable arbitrage on the road improvement refunding revenue bonds, Series 1995. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE Je 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said 18 July 29, 2003 2) 3) 4) purchases. A copy of the Detailed Report is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, FL. (June 28-July 11, 2003) 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, Collier County Government Center, 3301 East Tamiami Trail, Naples, FL. (June 14-June 27, 2003) 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, Collier County Government Center, 3301 East Tamiami Trail, Naples, FL. (July 12-18, 2003) Recommend that the Board of County Commissioners designate the Sheriff as the Official Applicant and Program Point-of-Contact for the United States Department of Justice, Bureau of Justice Assistance, Local Law Enforcement Block Grant Program, accept the Grant when awarded and approve applicable budget amendments. Ko COUNTY ATTORNEY 1) Approve the Stipulated Final Judgment relative to the easement acquisition of parcel 159B in the lawsuit styled Collier County v. Andy R. Morgan, et al., Case No. 02-5169-CA (Immokalee Road Project #60018). (In the amount of $17,382.96) 2) Approve the Stipulated final Judgment relative to the acquisition of a road easement designated as parcel 128 in the lawsuit entitled Collier County v. Gerald A. McHale, Jr., Successor Trustee Under Unrecorded Land Trust Agreement Dated 12/10/92, et. al. (Pine 19 July 29, 2003 17. Ridge Road between CR 31 and Logan Blvd., Project No. 600111.) (In the amount of $3,394.14) 3) Approve the Stipulated Final Judgment relative to the fee simple acquisition of parcel 142 in the lawsuit entitled Collier County v. Owen M. Ward, Trustee, et al., Case No. 99-1291-CA. (In the amount of $18,716) 4) Approve the Mediated Settlement Agreement and a Stipulated Final Judgment relating to the acquisition of parcel 132 in the lawsuit styled Collier County v. Treesource, Inc., et al., Case No. 02-5167-CA (Immokalee Road Project No. 60018.) (In the amount of $200,100) 5) Recommendation to approve a budget amendment in the amount of $50,000 for outside counsel and professional services in support of Resolution 2002-428 expressing the County's concerns regarding the acquisition of the Marco Island/Marco Shores utility system by the Florida Water Services Authority. 6) Recommendation that the Board approve a settlement agreement in the case of Board of County Commissioners Collier County, Florida v. Manatee Resort Condominium Association, et al, Code Enforcement Board Case Number 2001-086, and authorize the Chairman to sign all necessary settlement documents. 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. 20 July 29, 2003 Ae Be Ce DJ EJ Request that this item be continued to the September 9, 2003 BCC meeting. Adopt a Resolution authorizing a change in methodology for the assessment of non-residential water and wastewater impact fees based on equivalent residential connections (ERC). This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. An Ordinance amending Ordinance Number 91-102 the Collier County Land Development Code which includes the Comprehensive Zoning Regulations for the Unincorporated Area of Collier County, Florida, by amending the official zoning atlas map numbered 0511S by changing the zoning classification of the herein described real property from C-3 and RMF-6 to "PUD" Planned Unit Development known as the Miller Square PUD. This project will consist of 20,000 square feet or less of retail and office commercial uses, located at the northeast corner of U.S. 41 east and Shadowlawn Drive in Section 11, Township 50 south, Range 25 east, Collier County, Florida, consisting of 1.9+ acres. This item is a companion to CPSS-2003-1 GMP Amendment, Item 17 C. Petition No. CPSS-2003-1, a small-scale growth management plan amendment (future land use element) to expand the boundaries of Activity Center #16. This item is a companion to Miller Square PUDZ-2002-AR- 3151~ Item 17 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-03-AR- 3605, William L. Hoover of Hoover Planning and Development Inc., and Jeff Davidson of Davidson Engineering, Inc., representing Philip McCabe of Gulf Coast Commercial Corporation, requesting a rezone from "RMF-6" Residential Multi-Family Zoning District to "PUD" Planned Unit Development to be known as Botanical Place PUD allowing 218 multi- family residential dwelling units of which 64 units will be for affordable housing subject to the approval of an affordable housing density bonus agreement for property located on the east side of Bayshore Drive and approximately 800 feet north of Thomasson Drive in Section 14, Township 50 south, Range 25 east, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVROW2003-AR3572 to disclaim, renounce and vacate the County's and July 29, 2003 the Public's interest in the road right-of-way for 45th Lane Southwest, which was dedicated to the County by the plat of"Golden Gate Unit 3", as recorded in Plat Book 5, Pages 97 through 105, Public Records of Collier County, Florida, and to vacate two 6 foot wide drainage and public utility easements located in Section 27, Township 49 south, Range 26 east. Fe This item requires that all participants be sworn in and ex parte disclosure be provided bY Commission members. Petition AVPLAT2002-AR3183 to disclaim, renounce and vacate the County's and the Public's interest in the 15 foot wide drainage easement located on a portion of Lot 42, Block "B", according to the Plat of"Forest Lakes Homes" as recorded in Plat Book 12, Pages 41 through 46, Public Records of Collier County, Florida, and to accept a relocation drainage easement on a portion of said Lot 42 and on a portion of that parcel owned by the petitioner which abuts said Lot 42, located in Section 14, Township 49 south, Range 25 east. That the Board of County Commissioners (BCC) adopt an ordinance to impose a $3.00 surcharge to fund driver education programs in public and non-public high schools in Collier County pursuant to Section 318.1215, Florida Statutes. He Adopt resolution increasing the regulatory assessment fee from one and one- half percent to two percent of gross revenues for non-exempt privately owned water and wastewater systems subject to local regulation, effective October 1, 2003, as recommended by the Collier County Water and Wastewater Authority This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SNR-2003, AR-3979, Ronald Waldrop of Waldrop Engineering, P.A., representing Lely Development Corporation. Applicant is requesting the following five street name changes located in the Classics Plantation Estates Phase Two: From Hemingway Street to Trent Court, in Section 27, Township 50 south, Range 26 east; from Kipling Road to Nelsons Way, in Section 27, Township 50 south, Range 26 east; from Casablanca Street to Palmer Court, in Section 22 and 27, Township 50 south, Range 26 east; from Browning Street to Hogan Court, in Section 27, Township 50 south, Range 26 east; from Emerson Street to Snead Court, in Section 27, Township 50 south, Range 26 east. 22 July 29, 2003 18. ADJOURN BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 23 July 29, 2003 July 29, 2003 CHAIRMAN HENNING: Would everybody take their seats, please. Welcome to the Board of Commissioners of Collier County meeting of July 29th, 2003. Today we have invocation to be given by Pastor Silcox, Jane Silcox, from the pastoral education department of Naples Community Hospital. And also, just following that, Jose Nunez, lieutenant governor of the Key Club of Collier County, will lead us into the pledge of allegiance. So would you all rise. PASTOR SILCOX: Let us pray. Almighty and everlasting God, source of all wisdom and understanding, be present and enable this body to use their talents and gifts to accomplish the task before them. Guide those who faithfully serve as members to perceive what is right, and grant them the judgment and courage to pursue it. We ask you to bless the counsel members, that they may fulfill their duties for the welfare of this community with compassion and charity. These things we ask in your name, amen. (Pledge of allegiance was recited in unison.) CHAIRMAN HENNING: I wanted to mention that Jose has volunteered his summer to assist the Board of Commissioners' office in their day-to-day business. I have noticed that he has been working very close with Commissioner Halas and assisted Commissioner Coletta on numerous items. So, Jose, thank you for your dedication to the community. On today's agenda, I ask our future judge and county attorney, Ramiro Manalich, do we have any changes to today's agenda? MR. MANALICH: Not from the county attorney, no. CHAIRMAN HENNING: Hi, Sue. County Manager, do you have any changes or you want to walk us through the change list? Page 2 July 29, 2003 Item #2A CONSENT, SUMMARY AND REGULAR AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES MR. MUDD: Yes, sir, I'll walk you through the changes. Good morning, I hope you're having a good summer so far. This is the changes to the agenda for the Board of County Commissioner's meeting, July 29th, 2003. The first item is to withdraw Item 3, which is the 25-year service award for Homero Partida, Jr., from the transportation division, and that's at the employee's request. The next item is to withdraw Item 6(B), and that's a public petition request by Ms. Cheri R. Byrd, requesting to discuss ingress and egress problems located at 91 Golden Gate Boulevard. And that's at the petitioner's request. The next item is to add Item 9(E), and that's a recommendation that the Board of County Commissioners approve and ratify the 2003 fiscal year pay and classification plan for the office of the county attorney. And that's at staffs request. The next item is to move Item 16(A)(21) to Item 10(J), and that's to approve a budget amendment in the amount of $100,000 to the fund -- to fund the creation of a nonprofit Housing Development Corporation, HDC. And that's at Commissioner Henning's request. The next item is to add Item 10(K), and that's to approve the Metropolitan Planning Organization, MPO, budget for grant year 2003-2004, and that's at staffs request. And you should have all received that executive summary yesterday. See what happens when your MPO person comes on board on that day and says what budget? And so that's why that executive summary is here, because he caught that. The next item is to withdraw Item 16(C)(13), and that's to Page 3 July 29, 2003 approve the transfer of funding source of work order No. UC-023 in the amount of $535,600 from Fund 414, user fees for Project 73051, to Fund 413, impact fees,.to pump station improvements to Kyle Construction, Inc., previously approved by the board on April 8th, 2003. And that was done in April with agenda Item 16(C), project 73495, and that's at staff's request. The next item is to withdraw Item 16(C)(15), and that's a request for the Board of County Commissioners to approve the proposed change order No. 2 with United Engineering Corp. for the south county water treatment plant expansion, bid No. 01-3194, in the amount of $459,881.57, and that's at staff's request. The next item is Item 17(B), which is on the summary agenda. It's requested to be continued until September 9th, 2003. That's an ordinance amending Ordinance No. 91-102 of the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the official zoning atlas map, numbered 0511 S, by changing the zoning classification of the herein described real property from C-3 and RMF-6 to PUD, planned unit development, known as Miller Square PUD. This project will consist of 20,000 square feet or less of retail and office commercial use located at the northeast comer of U.S. 41 east and Shadowlawn Drive in Section 11, Township 50 south, range 25 east, Collier County, Florida, consisting of 1.9 plus acres. This is a companion to CPSS 2003-1, the GMP amendment, Item 17(C). And that's at petitioner's request. And because 17(B) mentions it, 17(C) underneath is a small-scale Growth Management Plan amendment that is also continued with that item. Then notes on the second page, Item 8(A), the last two lines of paragraph -- on Page 82 were omitted. The last sentence of paragraph B should read: Substitute a transportation concurrency Page 4 July 29, 2003 management system which factors and applies the traffic impacts of new development order applications against the balance of currently uncommitted capacity, and roads under construction, (contract having been let) or in the adoption of Collier County annual budget only. That's at staffs request. The next is Item 8(B). The second page under environmental issues, second sentence should read: Based on the vegetation analysis summary within the ADA, approximately 814.6 acres of wetlands exist, while the PUD adds approximately 300 acres to the existing preserve areas. Also under 8(B) on Page 29, paragraph AA, should read: To the extent consistent with applicable stormwater management system and environmental regulations, any isolated wading bird pools, rather than -- and I guess they took it from Word Perfect to Word and some of the text comes off; instead of it being Apools~, an A and the pools and then an ~ sign like you would if it was a -- as if it was a website address -- constructed. So it's wading bird pools. Item 8(E), the following correction should be added to the executive summary: Page 4 on the second paragraph beginning with "an additional," the date listed as 9 June, 2003 should read June 1 lth, 2003. And that's at staffs request. Item 16(B)(5), there are two 16(B)(5) backup materials. The first one should be 16(B)(4), and that was a clerical error on my clerical staff's part. They have to stamp each page. So the first item should have been 16(B)(4) and the next item should have been 16(B)(5). Item 16(F)(5), the following correction should be noted on the agenda index: The dollar amount in the first sentence should read: $120 million, rather than what's there now. It's missing one zero between the commas. You have three time certain items today, Mr. Chairman. You Page 5 July 29, 2003 have, at noon, Item 10(C), and that's a closed door to talk about EMS negotiations and the Ochoppee Fire negotiations with the union; you have Item 10(A) to be heard at 1:00 p.m., and that has to do with the South Golden Gate Estates; and you have items 8(B) and 8(C) to be heard at 3:00 p.m. I would like to mention for the folks in the audience that there's overflow seating available in the third floor hallway, because we have T.V.'s that are out there and they can hear everything that's going on. We also have them on the first floor hallway. And we also have them in the elections training room, Building B. So if folks need to sit down, there's that space. That's all I have, Mr. Chairman. CHAIRMAN HENNING: Ms. Filson, do we have any public speakers on today's agenda? MS. FILSON: We have a public speaker on consent agenda, Bob Krasowski. He doesn't have an item number, it just says Zero Waste, Collier County. MR. KRASOWSKI: Good morning. That's the organization that I'm representing. The item number is C(1). I'm here before you this morning at this time -- CHAIRMAN HENNING: C(1)? MR. KRASOWSKI: C(1) on the -- CHAIRMAN HENNING: 16(C)(1)? MR. KRASOWSKI: Excuse me, yes, on the consent agenda, which is 16, correct? Item No. (C)(1). And under public utilities it reads that they were to present findings and recommendations concerning the negotiations with Interstate Waste Technologies, pursuant to RFP 02-3316, MSW Processing -- that's municipal solid waste processing -- and Gasification Facility. They want you to approve ending negotiations, finishing negotiations with IWT, and starting negotiations with Brightstar. So you know, Commissioners, I'm mentioning this for the Page 6 July 29, 2003 benefit of the people that might not be familiar with the process. On the consent agenda, you will approve the consent agenda, if you wish, and then move it on. When an item is moved to the regular agenda, the presentation that's listed here will actually occur in front of the public. And then the item will be available for discussion for anyone who wants to speak. Certainly the group I represent that's been involved -- CHAIRMAN HENNING: What direction do you want the board today to take? What action? MR. KRASOWSKI: To take this item and place it on the regular agenda so that it can be discussed in the public forum. Thank you. CHAIRMAN HENNING: Okay. My perspective is this is in line what the consultant has stated all along, is if the top proposed bid comes too high, then they would go to the second bidder, which is Brightstar. So my perspective, they have done what they have reported in the past, and I find it no need to come off the consent agenda. But I'm only one commissioner, sir. Commissioner Coletta? COMMISSIONER COLETTA: Well, to be honest with you, once a question is raised on any item on the consent agenda, I think it should be pulled for discussion. In this case, I would recommend that we pull it. CHAIRMAN HENNING: Commissioner Coletta wants the item pulled and put on the regular agenda. MR. MUDD: Yes, sir. CHAIRMAN HENNING: That item becomes what? MR. MUDD: It would be 10(L). Excuse me. 10(L). CHAIRMAN HENNING: Thank you. Any other public speakers? MS. FILSON: No, sir. Page 7 July 29, 2003 CHAIRMAN HENNING: Commissioner Coletta, do you have any additions, corrections, deletions to today's agenda and any ex parte communication under the summary agenda? COMMISSIONER COLETTA: Under the summary agenda, no, on the items that are left. I don't have any items that I wish to pull, but I'd like to make a statement regarding 16(D)(7), which is the mosquito control funds that we're coming up with, the $20,000. And I'd like this Commission to be aware of the fact that mosquito control, its intentions now are to move everything forward one year as far as the implementation of the survey and the beginning of the mosquito control in the far Estates, which was supposed to take place. Next year, they're going to move it forward a full year. And this is something that gives me great concern, not only for health reasons but for cost. This is costing money that's coming out of the general fund. It's absolutely necessary for health, safety and welfare that we authorize it. However, with that said, we still have money that's coming out of the general fund when it should be coming from the locality itself, the taxpayers itself. And if it's put off for one more year, we'll be dealing with one emergency after another. And I hope that this Commission will use whatever influence it has on the mosquito control board to help to keep this on the schedule it was originally agreed to. Thank you. That's all I have. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Oh, yes, I have 17(D). I have spoken with the petitioner a number of times, and that's Phil McCabe. That's the only disclosure I have. And I agree with Commissioner Henning on the mosquito. CHAIRMAN HENNING: Yeah, we look alike. COMMISSIONER FIALA: Oh, yeah. I'm sorry, Commissioner Coletta. CHAIRMAN HENNING: That's okay. It's early. Page 8 July 29, 2003 COMMISSIONER COLETTA: I've got to grow a mustache. CHAIRMAN HENNING: Do you have any changes to today's agenda? COMMISSIONER FIALA: No, sir, I don't. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I have no changes for today's agenda. I did have disclosures on 7(A) and 8(A). And let's see if I had some other disclosures. 17(B) -- no, no disclosures on that one. That's the only two. And that's, again, 7(A) and 8(A) that are on the agenda today. CHAIRMAN HENNING: I'd entertain a motion to accept today's -- COMMISSIONER COLETTA: Motion made. COMMISSIONER HALAS: I second. CHAIRMAN HENNING: -- regular meeting, consent and summary as amended. Motion by Commissioner Coletta, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries 4-0. Page 9 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING July 29, 2003 Withdraw Item 3: Twenty-Five Year Service Award. Transportation Division. (Employee request.) Homero Partida, Jr., Withdraw Item 6B: Public Petition request by Ms. Cheri R. Byrd requesting to discuss ingress/egress problem located at 91 Golden Gate Boulevard. (Petitioner request.) Add Item 9E: Recommendation that the Board of County Commissioners approve and ratify the 2003 Fiscal Year Pay and Classification Plan for the office of the County Attorney. (Staff request.) Move 16(A)21 to 10J: Approve a budget amendment in the amount of $100,000 to fund the creation of a non-profit Housing Development Corporation (HDC). (Commissioner Henning request.) Add Item 10K: Approve the Metropolitan Planning Organization (MPO) budget for Grant Year 2003-2004. (Staff request.) Withdraw Item 16(C)13: Approve transfer of funding source of Work Order No. UC-023 in the amount of $535,600 from Fund 414 (User Fees) Project 73051 to Fund 413 (Impact Fees) for pump station improvements to Kyle Construction, Inc., previously approved by the Board on April 8, 2003, Agenda Item 16 C, Project 73495. (Staff request.) Withdraw Item 16(C)15: Request for the Board of County Commissioners to approve proposed Change Order No. 2 with United Engineering Corporation for the South County Water Treatment Plant Expansion (Bid No. 01-3194) in the amount of $459,881.57. (Staff request.) Item 17B continued to September 9, 2003 BCC meeting: An Ordinance amending Ordinance No. 91-102 the Collier County Land Development Code which includes the Comprehensive Zoning Regulations for the Unincorporated Area of Collier County, Florida, by amending the official zoning atlas map numbered 0511S by changing the zoning classification of the herein described real property from C-3 and RMF-6 to "PUD" Planned Unit Develol~rnent known as the Miller Square PUD. This project will consist of 20,000 square feet or less of retail and office commercial uses, located at the northeast corner of U.S. 41 east and Shadowlawn Drive in Section 11, Township 50 south, Range 25 east, Collier County, Florida, consisting of 1.9+ acres. This is a companion to CPSS-2003-1 GMP Amendment, Item 17C. (Petitioner request.) Item 17C continued to September 9, 2003 BCC meeting: Petition No. CPSS-2003-1, a small-scale growth management plan amendment (future land use element) to expand the boundaries of Activity Center #16. This item is a companion to Miller Square PUDZ-2002-AR-3151, Item 17B. (Petitioner request.) NOTES: Item 8A: The last two lines on page 82 were omitted. The last sentence of Paragraph B should read: Substitute a transportation concurrency management system which factors and applies the traffic impacts of new development order applications against the balance of currently uncommitted capacity, and roads under construction (contract having been let) o r i n t he adopted Collier County Annual Budget only. (Staff request.) Item 8B: Second page under environmental issues, second sentence should read. Based on the vegetation analysis summary within the ADA, approximately 814.6 acres of wetlands exist while the PUD adds approximately 300 acres to the existing preserve areas. Also, page 29, paragraph aa. Should read: "To the extend consistent with applicable s tormwater management system a nd environmental regulations, a ny isolated wading bird pools (rather than Apools@) constructed ...... ) Item 8E: The following correction should be noted in the Executive Summary. Page 4 on the 2nd paragraph beginning with "An additional..." the date listed as June 9, 2003 should read "June 11, 2003". (Staff request.) Item 16(B)5: There are two 16(B)5 backup materials. (The agenda index is correct.) The first one was numbered incorrectly and should have been numbered 16(B)4. Item 16(B)4 should be: Approve a resolution authorizing the execution of a State highway lighting, maintenance, and compensation agreement between the State of Florida Department of Transportation and Collier County. Item 16(F)5; The following correction should be noted on the agenda index. The dollar amount in the first sentence should read "$120,000,000" rather than "$120,00,000". Time Certain Items: Items 8B and 8C to be heard at 3:00 p.m. Item 10A to be heard at 1:00 p.m. Item 10C to be heard at 12:00 noon. July 29, 2003 Item #2B, Item #2C, Item #2D, Item #2E, Item #2F and Item #2G MINUTES OF JUNE 10 REGULAR MEETING; MINUTES OF JUNE 13 CRA MEETING; MINUTES OF JUNE 16 LDC SPECIAL MEETING; MINUTES OF JUNE 24 REGULAR MEETING; MINUTES OF JUNE 26 BCC/BUDGET WORKSHOP MEETING; MINUTES OF JUNE 27 BCC/BUDGET WORKSHOP MEETING- APPROVF, D AS PRF. SENTFD Entertain a motion to accept June 10th, regular meeting, June 13th CRA meeting; June 16th LDC special meeting, June 24th regular meeting, June 26th BCC budget workshop, June 27th BCC budget workshop. All these were meetings took place in '03. COMMISSIONER FIALA: Motion to accept and approve. COMMISSIONER HALAS: I 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 COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Thank yOU. Item #4A PROCLAMATION RECOGNIZING TUESDAY AUGUST 5, 2003 NATIONAL NIGHT OUT IN COLLIER COUNTY- Page 10 July 29, 2003 We're going to go to proclamations. The first proclamation will be delivered by Commissioner Halas. This proclamation is to recognize Tuesday, August 5th, '03 as National Night Out in Collier County. To accept this would be Skip Sweikert, president. And you can tell us later on what you're president of. COMMISSIONER HALAS: Good morning, Skip. MR. SWEIKERT: Good morning. COMMISSIONER HALAS: This proclamation is: WHEREAS, the National Association of Town Watch, NATW, is sponsoring a unique nationwide, crime, drug and terrorist prevention program on August 5th, 2003 entitled National Night Out; and WHEREAS, the 20th annual National Night Out provides a unique opportunity for Collier County, Florida to join forces with thousands of other communities across the country in promoting cooperative police community crime prevention efforts; and WHEREAS, Naples, Collier County, Neighborhood Watch, Incorporated plays a vital role in assisting the Sheriffs Department through joint crime, drug and terrorist prevention efforts in Collier County, Florida, and is supporting Night Out, 2003; and WHEREAS, it is essential that all citizens of Collier County, Florida be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs and terrorist activity in their county; and WHEREAS, deputy community partnerships, neighborhood safety, awareness and cooperation are important themes for National Night Out program. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that Tuesday, August 5th, 2003 be recognized as National Night Out in Collier County, Florida, and for all citizens of Collier County, Florida to join Naples, Collier Page 11 July 29, 2003 County Neighborhood Watch and the National Association of Town Watch in supporting the 20th annual National Night Out on Tuesday, August 5th, 2003. In addition, all citizens are invited to see on display crime-fighting and emergency equipment at the county-wide event at the Lorenzo Walker Vo-Tech Center on August 2nd between the morning hours of 9:00 a.m. and 11:30 a.m. DONE AND ORDERED on this 29th day of July, 2003, Board of Collier County Commissioners, Collier County, Florida, Tom Henning, Chairman. COMMISSIONER FIALA: Motion to approve. 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 COLETTA: Aye. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: Any opposed? Motion carries 5-0 (sic). Thank you. MR. MUDD: Sir, do you want to say a couple words? MR. SWEIKERT: Oh, I'd love to. CHAIRMAN HENNING: Let us know what association you're involved in. MR. SWEIKERT: I didn't know we had that much time. I'm not used to having such a big audience. I could go on for an hour or two. I'm a retired police chief, so -- CHAIRMAN HENNING: Three minutes would be fine. MR. SWEIKERT: I'm president of the Naples, Collier County Neighborhood Watch Association, and we're very appreciative that you're recognizing this very important annual event. Thank you, Page 12 July 29, 2003 again. CHAIRMAN HENNING: Well, God bless. Thank you for your volunteering in Collier County. Next proclamation will be delivered by Commissioner Fiala. This proclamation is to recognize the Collier County Library Department for being awarded the achievement award for the National Association of Counties to be accepted by Andrea Taylor and Susan Petr. Thank you. Item #4B PROCLAMATION RECOGNIZING THE COLLIER COUNTY LIBRARY DEPARTMENT FOR BEING AWARDED THE ACHIEVEMENT AWARD FROM THE NATIONAL ASSOCI A TION OF COl JNTIF, S - ADOPTFD COMMISSIONER FIALA: This is truly a pleasure for me. If you'd like, you can -- it might be embarrassing, but would you like to face the audience? I'm so pleased to be able to read this proclamation. WHEREAS, the -- and I'd better read it into the microphone so that they hear it -- the National Association of Counties recognizes the efforts of counties through an annual achievement award program; and WHEREAS, the Collier County Library Department has received a 2003 National Association of Counties award for the program entitled River Park Community and Library Technology Access Grant; and WHEREAS, this award acknowledged Collier County's efforts to promote responsible, reasonable -- oh, let's see, responsive -- responsible and effective county government. Sorry about that; boy, that's a mouthful -- and Page 13 July 29, 2003 WHEREAS, the grant funds received from this program made it possible to lessen the impact of the digital divide present between affluent and low income working class populations of Collier County by providing computer work stations, instructional classes, and an enhanced homework center for children, as well as those adults seeking to enhance their lives through the use of technology and information; and WHEREAS, this was a partnership between Collier County Library and the River Park Community Center, with support from the Macedonia Baptist Church and the City of Naples; and WHEREAS, this award recognized winners in several ways, including providing a list of winning programs on the National Association of Counties' website, an article in the Association's publication entitled County News, and an awards luncheon; and WHEREAS, Collier County Library Department representative attended the awards luncheon on July 13th, 2003 in Milwaukee, Wisconsin to accept the award. NOW THEREFORE, BE IT PROCLAIMED by the Board of County Commissioners of Collier County, Florida that this 29th day of July, 2003 be recognized for this notable achievement and for helping enrich the lives of the members of our community. DONE AND ORDERED THIS 29th day of July, 2003, Board of County Commissioners, Collier County, Florida, Tom Henning, Chairman. Motion to approve, Mr. Chairman. COMMISSIONER COLETTA: Second. COMMISSIONER HALAS: I second it. 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 14 July 29, 2003 CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: Any opposed? Motion carries 5-0 --4-0. MS. PETR: My name is Susan Petr, and I would like to say I'm happy to accept this award on behalf of Collier County Public Library System and Collier County. Thank you. Item #4C PROCLAMATION RECOGNIZING KEITH LARSON AS "CITIZEN OF THE YEAR FOR GOI,DEN GATE"- ADOPTED CHAIRMAN HENNING: I have the honor to deliver the next proclamation, and so I would like to call Keith Larson, supervisor of the Golden Gate Community Center, forward, please. WHEREAS, Keith Larson has been an employee for Collier County Parks and Recs department for -- specifically the Golden Gate Community Center since 1995; and WHEREAS, Keith was hired from (sic) the employment with the City of Naples because of his dedication, customer service involvement in (sic) the overall caring attitude; and WHEREAS, Keith has used those skills to benefit the Golden Gate community over the past eight years by building partnerships with the Kiwanis, the Golden Gate Area Civic Association, the Golden Gate Chamber of Commerce and 40-plus other organizations who call the Community Center their home; and WHEREAS, Keith has been a leader in creating and expanding programs such as midnight basketball, competitive cheerleading, basketball clinics, men's five by five league, basketball bash, a senior expos, cool cruiser show, Southwest Florida motorcycle expo, youth Page 15 July 29, 2003 concerts, after-school camps, summer camps and much, much more; and WHEREAS, Keith Larson was -- contribution to the community, he was nominated as citizen of the year by the Golden Gate Area Civic Association -- actually, it's the Golden Gate Area President's Association; and WHEREAS, in the ceremony of June 27th, 2003, it was officially announced that Keith Larson was named citizen of the year for Golden Gate; and WHEREAS, no other county employee has ever received this prestigious award, thus adding a quality of achievement; and WHEREAS, the Board of Commissioners is very proud to be represented by such an outstanding employee. DONE in (sic) THIS ORDER-- NOW THEREFORE, be it proclaimed by the Board of Commissioners of Collier County, Florida that Keith Larson be recognized as Golden Gate's Citizen of the Year for 2003. DONE in THIS ORDER (sic) 29th day of July, 2003, and signed by me. And I'll make a motion that we move this proclamation. COMMISSIONER FIALA: Second. CHAIRMAN HENN1NG: Motion by Commissioner Henning, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: MR. LARSON: Any opposed? Motion carries. Thanks, Steve. Commissioners, thank you very much. I am so Page 16 July 29, 2003 very honored this morning to receive this proclamation. And I'm a little overwhelmed, too. This past month, since being named citizen of the year, has been an amazing month. And I just want to thank you for recognizing me in such a fashion. But I also, even though my name's on this proclamation, I want to share it with some people, who without their inspiration and patience, I wouldn't be here today. So I just want to take a moment to say thank you to first my wife Loretta, thank you so very much. I love you. To my mom and my dad, who were an inspiration to me growing up and continue to be an inspiration to me. Past and present members of the Golden Gate Community Center advisory board who have been so supportive of all that we do over at the community center and all that I do over there. And last but certainly not least -- no, they're not last, by the way, but I want to mention the staff, the entire staff of the Golden Gate Community Center who make it so possible that I'm able to get out and spread myself a little more because they're so incredible. You have got such an incredible staff over there that allows me to be able to do these kind of things. And, Mr. John Dunnuck, I want to thank you too for hiring me with the county. It's been wonderful. It's been a wonderful relationship, and I'm just proud to be working here. And I thank you very much. And thank you all very much too. CHAIRMAN HENNING: Commissioners, members of the public, I also want to recognize Commissioner Coletta as being one of the first recipients of the Citizen of the Year for -- in the Golden Gate area. The Golden Gate Citizens -- (Applause.) That was back in 1903, I believe. The Golden Gate area has approximately 60,000 residents, and they're recognized by nomination from members of the public of Page 17 July 29, 2003 their achievements within the community. We're blessed that we have people like Commissioner Coletta and Keith Larson who have dedicated their selves to the community. And I just wanted to recognize what Keith has stated today is the reason why -- part of the reason why he has received such a distinguished award, he has recognized his family first. And that's where his heart is. His heart is family and community. So Keith, God bless, and thanks for serving. John, did you have anything to say? Next one is -- where are we at, Commissioners? MR. MUDD: Page No. 5, it's the presentation- Item #5A RECOGNIZED LOUISE HARDY, ADMINISTRATIVE SECRETARY, PARKS AND RECREATION, AS EMPLOYEE OF THFI MONTH FOR .Il HJY 2003 - RECOGNIZED CHAIRMAN HENNING: Presentation. I would ask Louise Hardy to -- administration secretary for parks and rec. to please come forward. Commissioners, once a month we have the honor to recognize the employee of the month for Collier County. It's quite often and at least recognized by most important individuals in -- the parks and rec. department is the front desk receptionist. Louise Hardy has been in this position for 10 years. And with the non-stop ringing of phones and ever-flowing lines of walk-in customers, she has continually demonstrated a true meaning of customer service excellency. Louise has taken care of each customer with her utmost friendliness, kindliness and patience. She's remained cool, calm, collective, and has been (sic) magic of turning customers' negative mode into a positive mode. Page 18 July 29, 2003 It seems that every day that (sic) goes without someone noticing the kindness Louise has given to others. She's always greeted everybody with a smile and projects warmness, and immediately makes everybody feel at ease. She's always upbeat with her manner, and not just in the character, but Louise has always risen to the occasion on going beyond the call of duty. So Louise, we want to -- on behalf of the Board of Commissioners, we want to thank you for your going above and beyond the call of duty, and I want to give you this plaque here, recognizing you as citizen of the month for this month. Louise, I also want to give you a small token of our appreciation of-- a small check for being nominated and recognized as citizen -- I'm sorry, employee of the month, and just a short little letter from myself. Thank you. MS. HARDY: Thank you very much. It's very well appreciated. CHAIRMAN HENNING: We want to get a picture, too. CHAIRMAN HENNING: Thank you. Next item? Item #6A LETTER TO BE SENT TO FEMA ON BEHALF OF THE RESIDENTS OF GOIJDEN GATE ESTATES MR. MUDD: It's a public petition. This item is a public petition request by Ms. Heather Knight, requesting the chairman of the Board of County Commissioners send a letter to FEMA on behalf of the residents of Golden Gate Estates. COMMISSIONER COLETTA: Brian McMann will be speaking in place of Heather Knight. Brian's been an advocate for this cause for some time and is well versed in the -- all the formalities Page 19 July 29, 2003 of it. MR. McMANN: And not nearly as attractive as Heather. COMMISSIONER COLETTA: That's true. We won't argue with you there. MR. McMANN: On behalf of a lot of the residents in this county, I'm going to ask you to accept these petitions, showing the community's support in the Collier County Commission's fight in helping keep FEMA from imposing a lot of unfair restrictions out here. The implementation of the mandatory flood insurance is going to deny a lot of people the chance to be a first-time homeowner. It's going to also create quite a bit of hardship on the people who currently have homes out there, and additional mortgage premiums. Also, as an electrical contractor, both state and county, it's also going to create a hardship on a lot of the employers. I know that when my employees come up with another $200 per month in mortgage payments, they're going to be knocking on my door looking for a raise. The real spending that they are going to have is going to drop, and it's really a formula for economic disaster here for the county. For those of you who don't live in this area, I would hope you would stand behind the Commission in supporting this. The economy of the county, it's in everybody's interest to keep spending and wages, you know, under control here. And let me go ahead and hand you these. MR. MUDD: Here, let me take them. MR. McMANN: Okay. I would also like to thank, even though he's not present today, is Mario Diaz Velart (phonetic). I hope somebody can forward a message to him. We appreciate his work. We need somebody who can deal with, you know, federal agencies. And he has done his constituents well in at least giving us some extra time and the county extra time to prove our point. Page 20 July 29, 2003 So -- and that's all have I to say. Once again, on behalf of the Estates' residents, thank you very much to the Commissioners. CHAIRMAN HENNING: Thank you. Commissioner Coletta? COMMISSIONER COLETTA: I just wanted to recognize the efforts of this grassroots movement that's been pushing this forward. They managed to obtain at this point in time, and the petitions are still out there, and we're still accepting them, over 1,100 names. And I give you a lot of credit for what you've done to bring this to everyone's attention. Thank you. CHAIRMAN HENNING: Thank you. Anything else? Item #6C COUNTY TO MEET WITH THE BOARD OF DIRECTORS FOR THE VIIJJAGE WAI~K HOMEOWNERS ASSOCIATION MR. MUDD: Item 6(B) has been withdrawn. That brings us to Item 6(C), and that's a public petition request by Mr. Paul Feuer, president of the Village Walk Homeowner's Association regarding Livingston Road extension. MR. FEUER: Mr. Chairman, before I begin, if you don't mind, I would like to ask if it's all right to have the fine citizens of Village Walk who are here today to stand up so you can see they're represented. Would you all stand up? COMMISSIONER COLETTA: That's our audience. MR. FEUER: I brought protection. Just a point of order, if I may. I was advised by your staff, as well as the administrator's office, that I would be given 10 minutes. I was just handed a note over here which says I'm given five minutes. CHAIRMAN HENNING: Ten. Page 21 July 29, 2003 MR. FEUER: Okay, thank you. With your permission, I'd like to read my statement. On behalf of Village Walk Homeowner's Association, we thank the Board for granting us this opportunity to petition for relief. We applaud the board and the Department of Transportation for your ongoing efforts to meet or exceed the challenges of Collier County traffic growth. We commend your actions to aggressively move forward to bring our grossly neglected infrastructure into alignment with the constantly changing and expanding development in our county. Unfortunately, the citizens of Village Walk have been caught in the wake of this rapid and ever-changing expansion. It seems that in the county's haste to upgrade the road system, it overlooked the environmental impact that Livingston Road would have on Village Walk. The county took an on-again, off-again approach towards erecting a berm or barrier. This berm was intended to alleviate the visual eyesore and possibly reduce some of the noise and dust pollution that the new road would create. Thus what we're seeking today, on behalf of our 850 homeowners and over 1,800 residents, is simply to provide basic quality of life relief to our community. Livingston Road extension is being constructed in Village Walk's backyard. We have made numerous attempts to gather factual information during the planning as well as the construction phase of the building of Livingston Road. From the outset we were assured by DOT officials that the county would do whatever they could to soften the impact from the road. Regretfully, the integrity of DOT's information data has been compromised, since Village Walk has been consistently misinformed and misled. I'm sure the Board would agree that our residents and your Page 22 July 29, 2003 constituents are entitled to a fair shake. Up to the present time our voices may have been heard, but they haven't been listened to. That is why we're appealing to the Commission for help. Permit me to explain. Every time we met with DOT representatives to gather information, their story changed. At DOT's first public meeting in April of 2001, DOT representatives discussed their intent to construct an eight-foot berm between the property line and Livingston Road. At a later meeting in May of 2001, landscape representatives from DOT assured us that there was going to be a berm; however, it would be somewhat less than eight feet. They stated that they were considering, and I quote, using excess fill to build a four- to six-foot berm on which they would place plantings of an appropriate height to provide increased screening. They said that the county would be obligated to do this in order to provide Village Walk with privacy and shield us from the Livingston Road eyesore. At a later date we were told that we were misinformed and that a berm could not be built due to certain restrictions. They advised that the county was only building an 18-inch high drainage barrier. When DOT changed its story for the third time, we immediately requested a meeting with the DOT administrator. Regretfully, at the last minute the administrator was unable to attend the meeting. We then met with members of his staff. They gave us a briefing on the plans for Livingston Road and how it would affect Village Walk. They advised us that the current plans did not, in fact, include any plan for building a berm or barrier. To add insult to injury and far more alarming, they advised us that the surface of Livingston Road would be elevated approximately five to seven feet. This was never discussed in any previous meetings. We were shocked that the road would, in fact, be several feet higher than Village Walk's circle, our main internal roadway and walk. Thus, the noise pollution would become even greater. And Page 23 July 29, 2003 much worse, our residents will be confronted with a major nuisance. They would be looking up at 18-wheelers, commercial trucks and other vehicles barrelling by our development. They say that one of the major restrictions that precluded building a berm or barrier -- or a berm, I should say, were the electric lines and poles that were on the county side of Livingston Road. They said these lines would interfere with the berm. For the board's information, these lines and poles are no longer a factor. The lines were recently transferred to lines on Village Walk property and the poles are in the process of being removed. The DOT staffers, however, were quite sympathetic with our dilemma. They agreed that the barrier would help at least to offset the visual pollution. However, they indicated they had no authority to commit funding for any such barrier, and they recommended that we seek assistance from the DOT administrator who is the only official who could, in fact, meet with us and offer some funding. They advised that the administrator -- they also noted that the funding of a barrier might set a poor precedent. And this is the concern that we had. The precedent that they were concerned about is that Village Walk would, in fact, be the first development, if they built a barrier for us, that they funded for. Whereas, they indicated that there was no other community along Livingston Road for which the community built or funded a barrier. We later met with the administrator who reiterated this same concern of setting a poor precedent if the county funded a barrier. He also maintained that the county did not fund the construction of any barriers along Livingston Road. I would add that the staff specifically said that Windemere barrier was not funded by the county. He did agree, however, to review our problem and, in fact, visited Village Walk. However, he offered no real assistance. He maintained that he would be unable to support the construction of any barrier or berm. Page 24 July 29, 2003 Subsequently, we have raised numerous questions to DOT representatives regarding a wall at Windemere. We also received numerous and different answers. Finally, DOT did acknowledge that the county did indeed plan, design, construct and fund the wall at Windemere. Initially they stated that the construction and financing of the barrier was approved as a result of a sound study. They later advised that they merely replaced the wall that the county, they, themselves, had damaged. We were later advised that there were no walls at Windemere. More recently the county told us that there was a trade-off of land for the construction of the walls. So as you can see, the story continued to change. I would respectfully ask each Board member to visualize having approximately 1,000 feet of a six-lane, heavily traveled, exposed road running directly adjacent to your newly developed community several feet higher than your main street and sidewalk, built by your county with your tax dollars, with complete disregard by the county to the visual eyesore it would create. We agree that any perspective buyer or homeowner could have seen the proposed Livingston Road extension on various maps; however, these maps would not have forecast the height of Livingston Road in relation to their property. These maps did not reflect that there would be three lanes of heavy traffic going in both directions. Our intent today is not to point fingers or to cast blame. Certainly DOT and our presently elected county officials cannot be held accountable for the poor foresight and planning of their predecessors. The expansion of Livingston Road as it relates to Village Walk simply cannot be looked at in a vacuum. We're the only community in north Naples that is confronted with present and future major road construction affecting all four sides of our home sites. Page 25 July 29, 2003 Our community has not looked at this as a one-sided item, either. We're not asking the county to assume the entire burden of relief. To the contrary, we recently expended over $33,000 towards the planting of shrubs and trees between our property line and Livingston Road. As a matter of fact, in recent weeks these plantings have been subject to flooding caused by improper drainage at the Livingston Road construction site. We brought that to the attention of DOT. As a matter of fact, two days ago it was flooded again and we've got new plants there that are under a lot of water and we're hoping they survive. If not, DOT will be held accountable for it. These plantings were a huge, unforeseen expenditure for our community. So we believe we've done our part. Now we would hope that the county would see fit to pitch in as well. The county must look beyond the basic facts and formulas that are generically designed to fit communities on a black-and-white basis. The county in good conscience must take into account the uniqueness of our situation and the reasonableness of our request. We are simply requesting that the county erect a berm or a barrier between Livingston Road and Village Walk for a distance of approximately 1,000 feet. The barrier, in fact, would be less than 20 percent of the size of the barrier that the county constructed at no cost for Windemere. Although our residents have been patient and tolerant, we don't believe that they've been accorded fair and equal treatment. We are requesting your assistance on behalf of all our residents who are rightfully concerned for their piece of mind as well as their property value. Our cause is valid and just. Our request is fair and reasonable. Common sense and logic must prevail. We consider Village Walk to be a showcase community; a community that our county should be proud of. Let's keep it that way. Gregg Strakaluse recently gave a presentation to the Naples Page 26 July 29, 2003 President's Council, of which I'm a member, regarding the DOT five-year work plan. He stated that the county is now striving in a new direction. He emphasized the fact that DOT is just as concerned about the surrounding communities and aesthetics as they are to infrastructure. CHAIRMAN HENNING: I have to ask you to wrap up, please. MR. FEUER: I will wrap up now. He concluded by stating to the county that the county is now dedicated, and I quote, to go that extra step. Today we're asking the board to go that extra step. We're confident that the board will respond favorably to our petition. I thank you for your time. CHAIRMAN HENNING: Okay, thank you. Everybody take their seats, please. Thank you. Commissioners? COMMISSIONER HALAS: Well, I looked at this report, and I want to say that on behalf of the people of Island Walk, they had a very good presentation here. AUDIENCE MEMBERS: Village Walk. COMMISSIONER HALAS: Or Village Walk, excuse me. I'm sorry. But I'm concerned that maybe the developer had a hand in this. Because if you look at -- and I understand where you're coming from. I looked at the pictures of the road in regards to where the road is presently, at the present elevation it is. These are built to DOT standards. And I would think that the developer would have a hand in realizing that a road is going to be put there and that it might cause a problem for you, the residents, and that he should have planned, I think, for a berm and also to raise the elevation. Because if we look at where the pictures are here that you presented in regards to the flooding that's taking place, there's two things here: One is I believe that the DOT is in the process of-- in the construction process of this road, and I don't believe that they've Page 27 July 29, 2003 addressed this drainage issue. But I think that what you have here is a very low swale area. And that's kind of my contention of what's happening here. And I also think that -- I don't believe, I may be -- stand to be corrected, but I don't believe that the DOT got involved in building a wall for Windemere. I believe that there was some damage done to that wall and they replaced a couple of sections, but it was not -- that's my understanding. I could get maybe some clarification from DOT on this. But the investigation or the research that I did on it, basically there was some improprieties to that wall and that was taken care of. But the wall itself wasn't built by the county. And I believe there's been some effort by DOT and the county to -- if you people wanted to buy fill to build a berm, then we were willing to also come forth and give you a fairly good price on that berm. So maybe somebody could maybe reiterate a little bit on this from staff. CHAIRMAN HENNING: Mr. Feder? MR. FEDER: For the record, Norman Feder, transportation administrator. Commissioner, we never represented that we weren't involved in the construction or development of that wall at Windemere. What I told folks in that neighborhood is what I understood, which was that we did have impact on the wall, which I now find that we did, that we replaced the wall based on that impact. I find, and that's what's been noted by the folks there, and we've shared the information. It has come along because Livingston has been in design and in the making for many years. But that, in fact, there were other considerations. It appears that Windemere's original wall was in the drainage easement, that there was some effort relative to the right-of-way on Livingston to have them take over that drainage easement area. They worked to get additional frontage off of FP&L, an additional 15 feet, but the wall was erected outside of their Page 28 July 29, 2003 existing wall in most places except for where their wall jutted out. It wasn't a straight wall that they had at that time. We did impact some segments of it. There was a noise study done, not to the standards that we do noise studies on every project today. There was not a noise study done on Livingston overall. We did come back and look at particular areas that were represented, the closest houses that we found along the Livingston section as a way to look at noise. In working with the community -- and I've got all the records and correspondence, it's been around for quite some time -- we have letters from them requesting my involvement to look at the possibility of an eight-foot berm. In the public meetings we had shown a two- to four-foot berm. We did discuss with them the possibility of fill needed to be on their property if we did try to establish a berm. Went out to the community and did agree to a number of things: Fencing off the drainage canal, allowing them to landscape and find out what was a gated area, which was an open area right now to their community to Livingston Road and other issues. But the Windemere wall was -- a number of issues, as I'm finding out. And I'm not sure that I know all the particulars. But it appears that there was a swap of land. They're taking on some of the drainage easement because their original wall was in it and some damage that has occurred to the wall. And yes, we did as part of the Livingston project, replace and/or build that wall in that area. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. What are we doing about the flooding problem? MR. FEDER: I'll let Gregg Strakaluse speak to you on that. It's part of the construction item right now. We've had some very, very heavy rains as part of what you're seeing in that picture. I'll ask Gregg to address that issue specifically. Page 29 July 29, 2003 MR. STRAKALUSE: Last Friday there were some heavy rains and there was some flooding of a drainage area on the Village Walk property. We were actually pumping water out of a pit area in order to place a structure. Immediately when I found out about that Friday, we told the contractor to stop pumping the water out. And we've essentially completed the construction work for that particular drainage part of the project and we've essentially stopped the pumping. We don't anticipate any further flooding from our project on to the Village Walk property, because all the piping and all of the structures have been put in place at this time. COMMISSIONER FIALA: So you're saying that in the future there won't be any flooding problems? MR. STRAKALUSE: There won't be as a result of pumping. As far as flooding problems from the rainfall, they do have a specific area which is a low area on their side of the property which occasionally floods during the rain. There won't be any impact from stormwater on the Livingston Road project affecting the Village Walk property in the future. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Do you -- what is the elevation that you have the road at, and why is the road elevated at the -- the elevation that it's presently being built? MR. STRAKALUSE: The original ground surface in that area was low, and we did need to bring in some fill to build the road up about five to six feet. But the surrounding properties were also already high. We are approximately 18 inches above the lower portion of the Village Walk property where their drainage area is, the drainage triangle where they've recently planted some cedar trees. CHAIRMAN HENNING: Okay, Commissioner Coletta? COMMISSIONER COLETTA: Yeah, I just wanted to ask, if we were responsible, through the lack of sufficient drainage and they Page 30 July 29, 2003 do lose some of their plantings, do we have any intentions to replace those plantings? MR. STRAKALUSE: Yeah, we would hold our contractor responsible for any outside impacts from our project area. COMMISSIONER COLETTA: What time period do we have to be able to react to that? In other words, do we -- it might be a year from now before we see the results of the damage. MR. STRAKALUSE: Up until we accept the road we have a year's warranty on the entire project. And we've documented this particular incident, and if anything happens during that time, they'll be able to go back out to the contractor. CHAIRMAN HENNING: Mr. Strakaluse, this is the second time that we've had a problem with the construction of Livingston Road and the stormwater drainage. Just a month ago we had the retention area sidewalk collapse and caused a problem over in Village Walk. So, you know, we need to keep these citizens whole on this drainage problem during the construction time, and I would like to get together with staff and show me that they're not going to have a problem after this is constructed. MR. STRAKALUSE: Absolutely. I can bring you up to date as far as what we've completed as to construction to this point and the assurances that we've made to prevent any impacts from the stormwater perspective. CHAIRMAN HENNING: Commissioners, the residents sat down with me and showed me the dilemma on how Livingston Road is going to affect them. And some of the things that they have stated, I have taken a look at. The one thing that I really feel for the residents is they're surrounded on three sides of-- you've got 1-75 on one side, you have Livingston Road (sic), which is going to be six-laned in the near future, and then Livingston Road. Page 31 July 29, 2003 I understand the concerns on the aesthetics of the people of the community. I went out there personally and took a look at what staff is telling me and that noise criteria for some kind of abatement, and paste off and make sure that what I'm being told is true. I also took a look at the noise study, which wasn't for the community of Village Walk, but it was down the street, the closest receptor for that, to see what the decibel was on that one receptor, and it still fell below. I want to assist this community, but the precedence that we're going to set is we're going to get a lot of requests from other communities for some kind of abatement for our projects that doesn't fit the criteria. So I would hope that -- MR. FEDER: Mr. Chairman, if I could, having met with the folks at Village Walk out on their property, and as they stated very well, they have made a strong commitment to try and landscape in their area. As you can see by the graph in here, they've got the two what I'll call sort of triangular sections that they're already putting the trees in which was just discussed to make sure that they are protected and allowed to grow. We are going to -- based on your actions for landscaping, going to proceed in this project with some landscaping. We also have some trees that we've spoken about before in looking at placement. I would recommend that we work with them, both outside and possibly within those triangles, on some of those trees that we have as a way to try to provide further response. We recognize what you're saying and we recognize the needs of the community. I think Gregg did mean what he said to the president's council. We've been here three years. This project's been out for longer than that. I'm not sure I'm going to say that it's going to be what they want exactly, because we do not meet the criteria for a sound barrier, per se. But we will try to continue working with the Page 32 July 29, 2003 community and respect what they have to say and the fact that they're here and very concerned about their community. CHAIRMAN HENNING: Now, Mr. Feder-- Commissioner, one minute, please. COMMISSIONER HALAS: Sure. CHAIRMAN HENNING: Would it be possible to work with you myself and the community to take a look at retention areas, stormwater retention areas to see if there's -- MR. FEDER: We'll make sure that our stormwater system is working correctly, and we'd be happy to meet with you and the community to that end, as Gregg noted. And also to look at our options, maybe with some additional trees or what other issues might apply. CHAIRMAN HENNING: Yeah, I know that the Forestry has several wetland materials that might be placed in there, very reasonable, talking to Ms. Flagg, of other areas that we can do that. And I'd look to see if there's a possibility to put some plantings in there. MR. FEDER: And again, that's cypress trees, which would go over well and they've already started planting. But yes, that will definitely work. CHAIRMAN HENNING: Commissioner Halas, I'm sorry. COMMISSIONER HALAS: Yeah, with Village Walk here, is the developer still involved in developing this section? CHAIRMAN HENNING: No, it's handed over to the -- COMMISSIONER HALAS: It's already handed over? As I was saying, maybe we -- MR. FEDER: It was handed over to the association. COMMISSIONER HALAS: -- could get involved with the developer and -- because I think he's got some issues here that need to be addressed for the citizens of this area, so -- MR. FEDER: Commissioner, it's turned over, but we will work Page 33 July 29, 2003 with the Commissioners and with the association. COMMISSIONER HALAS: Thank you. CHAIRMAN HENNING: Any other7 (No response.) CHAIRMAN HENNING: Okay, we'll move on to the next item, and we'll be getting back to the board of directors of the community. Sir? MR. FEUER: Can I just make one point? CHAIRMAN HENNING: You have to come up to the mic, sir. MR. FEUER: Just two quick points. One is the area that's flooded has never been flooded since we've been there, that seven years. Two is we've never questioned the fact that we may not warrant, according to the standards, a sound barrier. Sound has never been our issue. The visual eyesore is what we're concerned about. And it just seems to us as a community that if the developer is building a community, to blame it on the developer that they should have made plans or they should have foreseen that a road was coming by, what did the county do to make sure that the developer would do something? Does the county walk aside and close their eyes to the progress being made by the developer, or does the county go in there and say wait a minute, there's going to be a six-lane highway coming by here, and you need to build it so high, your berm, so that you can protect the interest of that community. Does the county close their eyes to that or do they open their eyes to that7 Do they have inspections? Do they ensure that the visual -- you know, we keep harping on the sound. I think we need to look at the visual eyesore, and that's what we're concerned about. Thank you. MR. MUDD: Commissioner, I think your landscaping proposal that you put on the books that gives the side landscaping, along with the median landscaping, will go a long way. And I think that's what Page 34 July 29, 2003 Norman was alluding to as he talked about the trees that go out there, that C-1 side of the house in that process, in order to do that visual barrier that they're talking about. So I think the board has recognized that when they changed their landscaping plan for the entire county. Because you wanted to do that on every new road project that we had, and you budgeted some money toward that. I know that Ms. Flagg, at my direction, wrote you a little e-mail yesterday that talked about some opportunities in September to further funding in that particular arena. So I think you've recognized that as a board during that presentation. And I'll make sure that staff works with the Chair and with the homeowner's association to fix that drainage issue, if that should that occur, and at the same time work a more intense landscaping piece along that thousand so that we can stop the visual process. CHAIRMAN HENNING: Great, thank you. This is an established community, and I know they're involved in many not-for-profit organizations. Well, even if they wasn't (sic), we need to recognize their dilemma. So it's a pleasure working with them. Item #7A RESOLUTION 2003-253 REGARDING CONDITIONAL USE "20" FOR AN OIL STORAGE FACILITY IN A 'T' INDUSTRIAL ZONING DISTRICT- ADOPTED Next item is 7(A), and this item requires that all participants be sworn in and ex parte communications by the Board of County Commissioners. This petition is CU-2003-AR-3634, Dennis Crones (sic) of-- Cronin of Bond, Schoeneck and King, representing Dennis Combs and Earl Hodges, requesting a conditional use 20 for an oil storage facility in an industrial zoning district. This property is to be considered for the conditional use to be located on the northwest Page 35 July 29, 2003 quadrant of the intersection of Industrial Boulevard and Radio Road at 68 Industrial Boulevard in Section 36, Township 49, Range 25 east of-- in Collier County, Florida. This property consists of almost five acres. All participants rise to be sworn in by the court reporter. (All speakers were duly sworn.) CHAIRMAN HENNING: Okay, ex parte communication by the board of commissioners. Commissioner Coletta? COMMISSIONER COLETTA: Yes, back about two years ago I met with Mr. Combs and talked about the possibility of this moving of this business. And yesterday I met with Dennis Cronin to discuss some of the planning they have going into it. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes, I met some weeks back with Dennis Combs and Earl G. Hodges on this item. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, I met with Dennis Cronin. CHAIRMAN HENNING: Commissioner Coyle, any ex parte communication? (At which time, Commissioner Coyle was present on speaker phone.) COMMISSIONER COYLE: Good morning. I have only communications with respect with Heritage Bay, and I'm not aware of any communications I've had with anything on the summary agenda. CHAIRMAN HENNING: This one we're discussing today is a conditional use for the oil storage facility and -- COMMISSIONER COYLE: Absolutely nothing. CHAIRMAN HENNING: Okay. I have reviewed the planning commission tape when this item was coming up. So with that, I'd ask the petitioner to present what they're asking Page 36 July 29, 2003 for us today. MR. CRONIN: Good morning. My name is Dennis Cronin. I'm an attorney with the law firm of Bond, Schoeneck and King, and I represent Earl Hodges and Dennis Combs, who purchased this property from the State of Florida a little -- close to a year ago, I believe is when the closing actually took place. This is the former fire tower facility located at the comer of Radio Road and Industrial Boulevard. Mr. Combs is currently in business on the Combs Oil Company, located on Airport Pulling Road, close to Davis Boulevard. Our desire is to relocate his existing facility that's -- and to develop the northern part of this property as a petroleum bulk station and terminal for use in his oil distribution business. We have David Sneed here from Coleman Engineering who will be able to walk you through a proposed site plan. This property still needs to go through the site development plan process in order to achieve final approval so we can provide you with some preliminary information regarding the proposed development. We have Mr. Robert Finger, who's an attorney with the law firm of Frank and Grambling (phonetic) in Tampa and Tallahassee who deals with environmental issues with respect to this type of facility, and he'll be able to walk you through and give you some information with respect to the -- those concerns. There was a letter that was provided to the planning commission that was in your package from his law firm, dealing with the safety concerns and the regulations, both at the federal and the state level, and they're done in coordination with the county. By way of background, Mr. Combs has operated his oil facility since 1961 in this community. He has employed-- you know, I think he has 11 employees right now. The relocation of this facility will give him additional area or additional expansion. He'll be able to move, have above ground tanks, as opposed to underground tanks, Page 37 July 29, 2003 which are currently in existence. He is a contractor with the Naples Community Hospital to provide fuel for their emergency facilities in the event of hurricanes in the City of Naples emergency services division. So I think that quite clearly, he provides a substantial value to this community and has been a citizen of long standing, and has made contributions that are here. With respect to the actual conditional use petition, the Collier County Planning Commission voted unanimously in favor of this. Staff has recommended approval of this. The criteria -- the first level of criteria is that any proposed conditional use is consistent with the county's Land Development Code and with its Growth Management Plan, which I believe that you'll find that according to staffs recommendation this property meets that criteria; that there is adequate ingress and egress to the property and the proposed structures to be located on the property; and that there are no safety or pedestrian concerns with respect to traffic flow or access. And staff has found quite clearly that there are no issues with respect to the proposed design with that. There is -- the third criteria is that there is no deleterious effects upon neighboring properties. I mean, in specific in relation to noise, glare, economic or odor effects. And there has been no evidence of any of those concerns being raised. I might say that in various discussions we've had, we have had some reference to the actual height of the vertical facilities that will be located there. And our original proposal was for a 46-foot vertical tank. There would be three of those facilities. Since we've been made aware of those concerns, we've gone back to various manufacturers and have located a 35-foot vertical tank which we think will provide us with the same type of capacity and will lower the visual angle. And I have a rendering that provides you with a revised side line Page 38 July 29, 2003 from the center road and a lower -- it's going to be significantly lower than the proposed 47 foot. But I just want to make sure that, you know, you're aware of the fact that we are concerned with your concerns and have responded appropriately. We think that the location of this type of facility in the industrial district is a compatible use with this area. This is where this type of facility should be located. And at this time, you know, I'd like to introduce Dave Sneed from Coleman Engineering. He'll be able to give you a little bit more specifics about the proposed development of this property. And, you know, we're available to answer any questions or concerns that you have. Mr. Henning? CHAIRMAN HENNING: Let's go to the Commissioners, see if we have any questions about this conditional use request. And if I could ask the Commissioners to speak into their mics so everybody at home can hear us, I would appreciate it. Commissioner Coletta, you have any questions? COMMISSIONER COLETTA: Well, yes, just a couple, if I may. The planning service staff recommendations one through three, are you in agreements with them? MR. CRONIN: Yes, I believe that we are. But the site development plan process will flush those out. But yes, as of right now we are in agreement with those, yes. COMMISSIONER COLETTA: If we approve it, we would be approving it with these conditions in there. MR. CRONIN: Yes. COMMISSIONER COLETTA: The other question I've got is, do we have any public speakers? CHAIRMAN HENNING: Let's go back to that -- COMMISSIONER COLETTA: I just wanted to try to get a feel for it. That doesn't mean I'm calling them forward. Page 39 July 29, 2003 MS. FILSON: For 7(A), no, sir. CHAIRMAN HENNING: No public speakers for this item. Commissioners Halas, do you have any questions? COMMISSIONER HALAS: The only question I have is what type of paint covering are you going to put on this tank? Is it going to blend in with the surrounding area in some way or another? Have you addressed that? Or is it going to be something large and silver color or black, or what are we talking here? MR. SNEED: The tanks come in a structural -- CHAIRMAN HENNING: Your name for the record, please? MR. SNEED: I'm sorry, my name is David Sneed with Coleman Engineering. The tanks come in a structural aluminum color. But they can have a paint applied to them to -- basically to blend in with any architectural criteria that wou01d be required. COMMISSIONER HALAS: I think that should be one of the requirements also so that it blends in with the surrounding area. CHAIRMAN HENNING: It would be nice to have an American flag on it. Commissioner Fiala, do you have anything? COMMISSIONER FIALA: Not at this time. COMMISSIONER HENNING: Commissioner Coyle, any questions? COMMISSIONER COYLE: No, Commissioner Henning. CHAIRMAN HENNING: Okay. Any questions for staff?. MR. REISCHL: Mr. Chairman, I just wanted to state -- Fred Reischl, planning services. I just wanted to state for the record that staff found this consistent with the Growth Management Plan and compatible with it. CHAIRMAN HENNING: Okay. Commissioner Halas, do you have any idea what our staff should look for as far as aesthetics with the tanks? Page 40 July 29, 2003 COMMISSIONER HALAS: Well, I think it should be maybe a light color or something, like a tan or maybe a light green or something of that nature. That's what I was looking at. Because around that area I think there's some foliage in that area also, isn't there? MR. REISCHL: Currently there is. COMMISSIONER HALAS: Yes. MR. SNEED: The visual aspects of the tanks actually will hardly be -- actually will not be seen because the building is placed at the proximity of the site. So the tanks are -- the high tanks are all the way in the back and the lower tanks are actually below the height of the building. COMMISSIONER HALAS: I understand that. MR. SNEED: So you would not really be able to see these tanks from-- COMMISSIONER HALAS: What about on the side? Is there a side view of this, of the tanks, or not? In other words, the tanks, do they butt up against a road that parallels to the side of these tanks? MR. SNEED: No, they butt up to a drainage canal that's actually at the rear of the site. COMMISSIONER HALAS: Okay. You've answered my question then, thank you. MR. REISCHL: If I could make a suggestion as to the color, we could say that the color of the tanks shall comply with Division 2.8, which is the architectural design guidelines. COMMISSIONER HALAS: Fantastic. CHAIRMAN HENNING: Okay, great. No further questions, I'll entertain a motion. COMMISSIONER FIALA: I do have one. CHAIRMAN HENNING: Yes, Commissioner, I'm sorry. COMMISSIONER FIALA: About the landscaping, they said that there would be landscaping to hide this. They said like the Page 41 July 29, 2003 landscaping that's there now, but that certainly wouldn't hide anything. And what I'm just hoping is that from Radio Road especially that visually, you know, it will look a little bit better. And I want to tell you, this is not in any reference to you guys, of course, but so many people promise us a landscaping that will be visually pleasing. I just see one right down the street at Gulf Coast American Blind where they were going to put a visual -- really nice landscaping and it's all overgrown and thick with weeds. And, you know, I want to make sure that we have a better presentation. MR. SNEED: Certainly. If I may, the total portion of the site is actually close to 600 feet in depth from Radio Road. But we're going back 300 feet before we even start the boundary of the project. This portion will be future development. If you go by the site right now, it is very heavily vegetated. Apparently the Forestry Service planted a lot of trees in there. But this would be for a future development, which probably I'm sure is going to be commercial activity, which would also provide any barrier from the Radio Road area. So at this time the tanks backing up to this drainage canal are actually going to be in this proximity. So there's really no view from any roads that you can see these tanks. And as far as the landscaping, you know, everything will be more than -- will be consistent or exceed the LDC requirements for landscaping on the property. CHAIRMAN HENNING: Any other further questions? Commissioner Coletta? COMMISSIONER COLETTA: I'd like to make a motion for approval to include the staff recommendations and what was discussed as far as the aesthetics and the colors go. COMMISSIONER FIALA: I'll second that. CHAIRMAN HENNING: There's a motion by Commissioner Coletta, there's a second by Commissioner Fiala. Any further discussion? Page 42 July 29, 2003 Commissioner Coyle, any -- COMMISSIONER COYLE: Yeah, I just wanted to make sure that Commissioner Halas's stipulation was included in that motion. CHAIRMAN HENNING: It was. COMMISSIONER COYLE: Okay. COMMISSIONER HALAS: Yes. CHAIRMAN HENNING: Okay, no further discussion, all in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Before we move on to the Growth Management Plan amendments, I'd like to give our court reporter a five-minute break and we'll come back at 10:30. MR. MUDD: Commissioner Coyle, we'll call you back at 10:30. (Brief recess.) CHAIRMAN HENNING: Everybody take their seats, please. The next item is? Item #8A RESOLUTION 2003-254 TRANSMITTAL OF AMENDMENTS CPSP-2003-4; CPSP-2003-5; CPSP 2003-6; CPSP-2003-7; CPSP- 2003-8:CPSP-2003-9 TO DCA- ADOPTFiD MR. MUDD: Is 8(A). That's a public hearing for the 2003 second cycle of the Growth Management Plan amendments, Page 43 July 29, 2003 all-county initiated. And this is the transmittal hearing. And Mr. David Weeks will present. Commissioner, I just want to remind all the Commissioners that this has discernible items. You vote after each one, just in case we have to break and go to a different item or you want to do something else. And we always have a place to start from, okay, so we don't have to start all over. CHAIRMAN HENNING: Right, we're going to have a starting and we're going to have an ending on this. So we're going to separate it out and take the votes. MR. MUDD: Yes, sir. CHAIRMAN HENNING: Mr. Weeks? MR. WEEKS: Good morning, Commissioners, I'm David Weeks, for the record, of the comprehensive planning section staff. A few introductory comments. First of all to stress that these are Growth Management Plan amendments. These are not rezones or other types of land use petitions that you deal with on a much more frequent basis. Secondly, this is a transmittal hearing. You could think of this as a preliminary approval hearing. Of course, if you deny something, then that's the end of it for that petition. But for those that you vote to transmit, the process is that they will be sent to the Florida Department of Community Affairs, they will have a certain time period to review those amendments. They will issue what's called their ORC report, objections, recommendations and comments, which again you can think of as their preliminary review comments based upon review of these amendments for compliance with the Florida statutes. Then you will be holding adoption hearings on these amendments, probably November or December of this year. That is the time that you would take final action on these amendments. This is a legislative action, not quasi judicial, so you are not Page 44 July 29, 2003 required to swear in participants or offer your notice of ex parte communications. Something I need to point out is that there is a sign-up seat, it's a legal side sheet out on the table in the hallway. This is something that's required by statute. It's a courtesy information notice that will be sent by the Florida Department of Community Affairs once we get to the end of this process of these amendments in whatever form were adopted when the DCA, that's a state agency, issues their letter of intent to find these amendments in compliance with Florida statutes or not. If a person signs up, they'll receive a copy of-- a courtesy notice from that state department stating we've issued our notice. Informational item: The legal ad for these amendments, which is now the standard protocol, are four-page ads in the Naples Daily News. So we think we're providing sufficient notice to the public of these three items under consideration. Also, the specificity of these ads is greater than we've done in the past. That also limits the scope of the review to more specifically what's been advertised for. In the past sometimes if an amendment was proposed for an element, we might have a person show up that wanted to see some type of change occur to that element that wasn't something specifically brought before you. Now that door has been closed. It's been narrowed to the matters specifically advertised. I will mention too that the Florida statutes allow the county to adopt Growth Management Plan amendments such as these twice per year. By resolution, you've established a once a year cycle. You've held that second cycle in abeyance. That is up to you to decide when to implement it. These are all county initiated amendments. This is the second cycle that you've previously authorized to be occurring. Again, there are no private amendments, these are all county initiated amendments. There's a total of six petitions. And as the County Manager has Page 45 July 29, 2003 indicated, each staff member will come up to present their specific petition and ask that you vote separately on each item. Also, because these are county initiated amendments, there is no petitioner involved, so the staff will go right into each of the presentations. Also, I would like to note that you've received separate binders or notebooks provided to your office, and that's what we're going to be working from today. Specifically the reason for that is that includes the planning commission recommendation. Due to the timing of the two hearings, the executive summary packet did not include the planning commission recommendations. The timing would not allow that. You were provided with the separate notebooks. So again we want to use those separate notebooks. They have the planning commission recommendations. They also have the Exhibit A's to the resolution; that is the actual document that will be transmitted to the State Department of Community Affairs that shows the final language. And I guess the last comment would be to remind you that those binders that we provided, we would like to pick those up the next day or two from your office to reuse to send those up to the Florida Department of Community Affairs and other review agencies. COMMISSIONER FIALA: I have a question. CHAIRMAN HENNING: Commissioner Fiala has a question, Mr. Weeks. COMMISSIONER FIALA: You just said that these were all staff initiated. I wanted to know, if they're all staff initiated, then why did staff say staff doesn't like this one or staff has a question about that one? MR. WEEKS: IfI stated staff initiated, it was my error. I should say county initiated. Because in some instances you, specifically, the Board of County Commissioners, directed that amendment to occur. I was simply trying to make a distinction Page 46 July 29, 2003 between the private sector filing the petition versus the county government initiating the petition. All of these were initiated by the county. I believe you were referring in particular to the Cormnunity Character/Smart Growth amendment. COMMISSIONER FIALA: That's one. Orange Blossom is another. And there was a third one in here. I'm sorry, I'm not recalling it at this moment. And each time staff gave very good reasons why they should be questioned. And I'm thinking that -- well, anyway, we'll get into it at each level. MR. WEEKS: Certainly. We'll be glad to discuss that as that particular petition comes out. Again, the objective here today, then, moving back to the executive summary, is for you to consider each of these six petitions for transmittal to the Florida Department of Community Affairs. The elements under consideration are the future land use element and the future land use map series, the Golden Gate area master plan, Immokalee area master plan, inter-governmental coordination element, recreation and open space element, conservation and coastal management element, capital improvement element and transportation element. And also for your consideration today is to consider establishing a new element to our comprehensive plan, the economic element. There are no fiscal impacts to the amendments that are under consideration today in that you're transmitting them only. You are not taking final action on these. Certainly there will be some fiscal impacts on some of these petitions, and that will be addressed more specifically at your adoption hearing. The Community Character/Smart Growth amendments will have some fiscal impact. And certainly the transportation and currency management system will have some fiscal impact. Again, that will be discussed more particularly at the adoption hearing, unless of course Page 47 July 29, 2003 you wish to discuss it with us today. Because of the nature of these amendments not being site specific, there are no environmental issues as far as protected species or groundwater resource protection and so forth. Certainly any subsequent land development petition that would come before you that might be in some way related to these amendments will be subject to the normal review process both at the state, federal and local level for environmental protection concerns. Similar comment applicable to the historical archeological impact. The environmental advisory council does not review amendments such as these, so there is no recommendation from them. And again, the planning commission recommendation will be provided as we go through each petition. Mr. Chairman, if there are no questions, I'll move right into the first petition. CHAIRMAN HENNING: Any questions about the procedure this morning? (No response.) CHAIRMAN HENNING: Please proceed. MR. WEEKS: The first amendment is Petition CPSP-2003-4. This is an amendment to implement the -- or begin to implement the interlocal agreement adopted in May of this year by both the County Commission and the Collier County School Board. This is the interlocal agreement that pertains to the siting of schools and support facilities. Educational plans being your schools, ancillary plans being your support facilities such as a transportation facility or a maintenance yard or an administration center. Specifically what this amendment does is it establishes in the future land use element a couple of maps: One map that shows the existing school and support facility sites, and a second map that shows the sites that are owned by the Collier County School Board for future construction of schools and support facilities. Page 48 July 29, 2003 And on that note, as far as the map goes, there have been a few changes. At the planning commission hearing, staff recommended a couple of changes to the maps. One was the addition of site EB that is located in Golden Gate Estates. It's a little bit to the south and east of Orangetree development. I believe the maps in your notebooks does reflect that addition. That's shown on the visualizer here as well. We also noted that we needed to add a legend to the map to more specifically explain what each of these sites were being authorized for. The additional changes being brought to you today are the removal of three additional sites. One is the site on Livingston Road, and the other two sites are both in Immokalee. And the reason for the deletion is because these are not yet owned by the school board. The intent of this map is to show sites owned by the school board. If between now and the adoption period the school board should acquire these sites and go through the necessary process established in the interlocal agreement, which is known as the letter of consistency process, if that has been accomplished, then we come back to the adoption hearing and we could have these sites added back on the maps. The maps, there's specific reference in the future land use element and cross-reference in the Golden Gate area master plan and Immokalee area master plan to this interlocal agreement that's been adopted, and the process that -- processes that are established in that agreement. And specifically a couple of things to mention, one is the letter of consistency. Whenever the school board is contemplating acquiring a site for future schools or support facilities, they must come to the county, provide certain information to us, and then we will respond by writing a letter saying yes, this property is consistent with the locational criteria in our future land use element and map or Page 49 July 29, 2003 no, it's not. And also, the zoning district on the property at the present time does or does not allow the facility that is being contemplated. Additionally, to the extent possible, we'll provide additional commentary, but it's in the nature of a courtesy commentary. If there's a certain level of service impact concerns, if there might be environmental protection concerns on the property, inadequate sidewalks or roads, for example, that we see now, we could go ahead and point that out to the school board. The purpose being really like a due diligence process, trying to advise the school board to the greatest extent possible any issues or concerns that we see now. Recognizing that when they're coming in to acquire sites, this may not yield construction for a handful of years or as far as 15 or 20 years into the future. That's why the nature of the response is primarily of a courtesy nature. We can't possibility know 20 years from now if we're going to have road problems or inadequate sidewalks or if there's environmental conditions on the property that exist today or won't then or vice versa. And additionally, the second major component of that agreement that is being incorporated is the process for actual site development, when the school board actually owns the site and now they're coming in for approval to build that school or support facility, it establishes the process they go through: What information they submit to the county, the time lines the county must review this information, and the end result of the approval process that's called a school board review process. It's very similar to the FDP process that other developers would go through. And I guess the last comment is the capital improvement element is also being amended simply to update your records. It presently references the '96 agreement and it will now represent the 2003 agreement. Mr. Chairman, we've received no correspondence from the Page 50 July 29, 2003 public on this item. The planning commission recommendation wants to support this amendment with one addition. They had some concerns about the public's ability to be involved in this process. And the planning commission recommendation sheet right on Page 1 identifies the addition. And I'll read it directly from mine, it's only a sentence long. During the consistency review process, prior to site acquisition, as set forth in the interlocal agreement, Collier County will provide notification to impacted property owners. I'd like to offer comment as we did to the planning commission as well. The consistency review process is an administrative function only. This is provided for. The school board is considering acquiring the site, they come to the county saying they're thinking about buying it. We respond with a letter saying yes, it meets the locational criteria in our future land use element, or doesn't, and again, the zoning and then the courtesy comments as well. But that's all administrative. It doesn't matter if we have a thousand people show up in our office saying we think this is a bad idea, don't put a school here, or we think it's a good idea. That's irrelevant. We are bound by the criteria in that agreement in that very straightforward analysis. So the comment we had is are we really accomplishing anything by adding this requirement? The school board does hold a public hearing when we go to apply -- go to acquire property. They provide a certain notice in the newspaper. And they hold their public hearing to consider the actual acquisition of that property. The only benefit that staff sees is the potential that if this notice is provided, the public is now aware that a site is under consideration for acquisition, they're on heightened alert, they're on a notice, they're aware now. Then when the school board provides their notice in the newspaper, maybe they'll more clearly making that connection, hey, there's property here that I have some interest in and then appear Page 51 July 29, 2003 at the school board hearing. But as far as the county role in this process, providing the notice really doesn't accomplish anything. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I agree with the planning commission. The wording, I think, was, you know, they have concerns about the public process. And I also have concerns about the public process. I believe one of the reasons why we have -- we're an involved partner in this now is because the governor's cabinet and the state legislative body have a concern in the process, whether the public is adequately being aware of this situation. I still have concerns. Even though you have addressed some of those situations, we're still putting the responsibility totally on the school board. And I'd like to keep the language in there so that at all times we are aware of the fact that we have to be aware of the process and the fact that the public has to be a partner in it. That's all I have to say on that. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, I do agree with the planning commission and with Commissioner Coletta in that one of the problems that we've found as a sitting commission is that communication has been very poor between government and community, and we're trying to improve that communication. So I agree that this would be a way to do that. CHAIRMAN HENNING: Commissioner Coyle, do you have anything? COMMISSIONER COYLE: Other than the fact I agree with both of the observations of Commissioner Fiala and Commissioner Coletta. I believe that there has to be a very close coordination here and a lot of public notification and opportunities for input. CHAIRMAN HENN1NG: Okay. We have three speakers before -- and I see Commissioner Halas shaking his head in Page 52 July 29, 2003 agreement. But what I heard from our staff is the public meeting in this process, this particular process, is not going to do the public any good for comments. I mean, staff is not going to take their comments. So is this a proper venue to put such language in, or should we seek some other kind of stipulations that they hold the public hearing in that? So at maybe our public comment section today some of the people or members of the school administration could advise us. MS. FILSON: Yes, Mr. Chairman, we have three speakers. I believe we only have one on this particular issue. Amy Taylor. MS. TAYLOR: Good morning. Thank you for the opportunity to speak before you on this issue. CHAIRMAN HENNING: Please pull your mic up. MS. TAYLOR: For the record, my name is Amy Taylor and I'm the long-range planner for Collier County Public Schools. And as Mr. Weeks outlined, this amendment is before you for your consideration. This amendment is -- provides the basis for the 2003 interlocal agreement. The interlocal agreement provides for a process such as the comprehensive plan amendment process to begin adding all the existing school sites, to add all the future sites that we have available to us now. And this is the first opportunity for a real strong link between Collier County government and the Collier County School Board in terms of our awareness and our coordinated planning efforts. And it also is a public process. In addition, the interlocal agreement provides a continual process by which new acquisitions by the school district will be evaluated for consistency. At the time we not only -- we're considering acquiring property, we are required through the interlocal agreement to go through a process, and it is outlined in the interlocal agreement not only to determine whether it's consistent with the comprehensive plan that is required, it also determines what zoning district, whether it's -- and if Page 53 July 29, 2003 that site, school, would be or the type of facility would be a permitted use, a conditional use or a prohibited use. Also, in addition, there would be, and it's outlined in the interlocal agreement, information that we need to provide as best as we can because of, as David said, the nature of the length of time in which we would acquire and then it would eventually develop, but an overview of compatibility with adjacent property owners. We support the amendments as staff has recommended them. Particularly with the -- based on the efforts and the agreement between the school board and the Board of County Commissioners as to the interlocal agreement. As we noted, the amendments follow and reference the interlocal agreement. The interlocal agreement provides a clear and coordinated site acquisition process. And would likely -- if this planning commission's recommendation were to be followed through with, would need to be amended, would be our position, with the school board. Thirty days -- in addition, 30 days prior to land acquisition, the school board meets -- or provides notification within the Naples Daily News, providing a property description and a property location. Also, with regard to that land acquisition process, there are often times when we are accumulating property. No single parcel and parcel owner would be the adequate size for a school. So there could be five or more times that we would appear before the school board to -- and also publicly notice in the paper that we would be acquiring property within a particular area. The example of that is middle school EE where there are over 35 parcels, and it took us five school board meetings to complete the acquisition of that parcel to meet the size requirements of the school. And over several -- I think almost a year to complete that. So at that point a public notification might cause quite a bit of confusion within Page 54 July 29, 2003 the community. But most importantly, this comprehensive plan amendment provides more educational facilities and ancillary facilities are permitted, conditional or prohibited in the county zoning districts. If the facility is a conditional or a prohibited use, the school district would be required to come before the planning commission and the Board of County Commissioners at a public hearing to request an amendment. As a permitted use within the zoning district, the development of the site would be consistent with the site plan review process provided in the interlocal agreement. So as a permitted use, the school would have to go through extraordinary review, even prior to acquisition and also at the school board review process. And as I -- I wish to reiterate, if it is a conditional or a prohibited use, we would go through the normal public hearing process that any other property owner would have to go through. Thank you for your attention, and we request that you move forward with this comprehensive plan amendments as staff has prepared them. Thank you very much. CHAIRMAN HENNING: Ms. Taylor, don't go away. It's stated by my colleagues that they think it's good government to notify neighbors and have a neighborhood meeting through the site selection for a school site. Any -- everything that you've said doesn't accomplish that. MS. TAYLOR: In the -- in both the coordinate -- we had two agreements between the school board and the Board of County Commissioners. It does outline an acquisition and site selection process that's through the county staff, you're correct. At the point -- just like any other property owner that would want to change and amend zoning to allow for the school, we would go through the public hearing process, go through the public notification process, just like any other property owner would in the Page 55 July 29, 2003 county. And that's our position on it, that we would be evaluated as any other property owner. Actually the county, when it acquires, say, a park site, it isn't required to notify surrounding property owners. It would be sort of the same situation. But if it were a conditional use, as you've seen countless times when parks comes before you as a conditional use, it goes through a public hearing process. So that we would want to be held to the same standard. CHAIRMAN HENNING: Okay. I understand that. Two questions, just personal ones. It shows an intermittent center at Hunter Boulevard. Is this the third intermittent center in Golden Gate City? MS. TAYLOR: Yes, it is. CHAIRMAN HENNING: The next one is Livingston Road site, would that be an elementary school that you're looking at? MS. TAYLOR: The Livingston Road site that's south of Pine Ridge Road has been removed from the map, if that's the one you're referring to. CHAIRMAN HENNING: Right. MS. TAYLOR: That was -- and this is an example of good coordination at work. We -- for a part of our consistency prior to acquisition, we went to the county. And transportation wasn't going to work, so we removed that from our acquisition priorities. So it's not going to be there at all. CHAIRMAN HENNING: No future potential? MS. TAYLOR: No future site south -- on Livingston south of Pine Ridge Road. CHAIRMAN HENNING: Any questions? Commissioner Halas? COMMISSIONER HALAS: So what you're saying, if it's a conditional use, you have to go through the process of notifying the neighbors. And how far is that radius? Is that still 300 feet, or is it Page 56 July 29, 2003 even farther? MS. TAYLOR: It would be consistent with the county's LDC. COMMISSIONER HALAS: And that's 300 feet; is that correct? MR. WEEKS: That depends on the location. The distance requirement is greater if you're in the Estates or an agricultural area. COMMISSIONER HALAS: And what is that distance, if you're in that area? MS. TAYLOR: MR. MS. MR. I think it's 1,000 feet. WEEKS: I believe it's 500 feet. TAYLOR: 500 feet? REISCHL: It's 1,000. MR. WEEKS: It's either 500 or 1,000. It's greater because we recognize the parcel sizes are much larger in those rural areas. COMMISSIONER HALAS: How else are you going to advertise this other than the sign on the property and then going through the process of putting up a billboard? MS. TAYLOR: We notice -- prior to acquisition, as we would notice in the paper, 30 days prior to the school board action to acquire the property. COMMISSIONER HALAS: Okay. Is there any way that we could possibly use the government channel here for making sure that that notice gets out to people? MS. TAYLOR: That would be a great alternative. COMMISSIONER HALAS: I think that we need to make sure that we communicate this. I think communications is a very -- is the most important item. And that's been brought up, I think, pretty strongly .here that we want to make sure that the people who may effect that particular neighborhood or locale, that they have access, to make sure that they understand that there is a hearing about to be taking place, whether it's in regards to the acquisition of the land or whatever else may happen in that area. I think that's very important. Page 57 July 29, 2003 CHAIRMAN HENNING: Commissioner Coyle, do you have any questions, statements? COMMISSIONER COYLE: Nothing that hasn't already been said. CHAIRMAN HENNING: Okay. Any question from staff?. (No response.) CHAIRMAN HENNING: Thank you, Ms. Taylor. Okay, what's the direction -- or the wishes of the board? Mr. Weeks? MR. WEEKS: Mr. Chairman, if you don't mind, I'd like to get a couple of things on the record. One is that I want to make sure that we're very clear in that conversation that was just occurring. The distinction between properties that must go through the conditional use proc -- an existing public hearing process at the county. And as Ms. Taylor has explained, those requirements exist there and I would suggest to you are adequate. It includes the property owner letters being sent out within a certain radius of the property; it includes a sign posted on the site; it includes a legal ad in Naples Daily News; and is heard by planning commission and County Commission. Of the -- of the existing sites that the school board owns, the map that's in your book, as has been modified here, almost all of those are allowed by right today. That is, as far as some -- when the school board gets ready to build those schools, they're not going to be subject to those existing conditional use requirements and so forth. Because the zoning allows the school facilities (phonetic) by right. The exceptions are going to be the one or two PUD's that they own property in that they will have to be amended, which goes through the public hearing process. The other thing is for an ancillary plant, a transportation facility. That requires a conditional use, so that will require the public hearing process. But the majority of these already owned sites will not be going through a public hearing process. And I think that goes Page 58 July 29, 2003 back to the heart of what the planning commission was looking at, how are those sites going to be put on any type -- going to go through any type of notice process. And then secondly, of course, for the future when sites in the future will be contemplated for acquisition. I'd also like to point out that -- remind you that you will be having joint meetings at least annually with the Collier County School Board. There are noticed issues or concerns that may not be addressed here today. Those will could discussed at that time. And if necessary, we could initiate amendments to the interlocal agreements. Also, there are staff level meetings of the site selection committee and so forth that will deal with these issues. The last comment I would make, Mr. Chairman, is if the Commission is so inclined to go with the planning commission recommendation, might I suggest that you add additional text something to the effect of that staff will forward any public commentary received as a result of this notice to the Collier County School Board, making it a formality. I mean, as a courtesy you would expect us to do that anyway. So if that thousand people shows up with whatever opinions they have, we will forward that to the school board and then, of course, they will do with that as they will. CHAIRMAN HENNING: I can agree. COMMISSIONER HALAS: I'll go along with that, yes. CHAIRMAN HENNING: Entertain a motion at this point. COMMISSIONER FIALA: I'd like to make a motion that we accept staff's recommendation and the planning commission's recommendation, including David Weeks', addition so that we have a complete package. CHAIRMAN HENNING: Motion by Commissioner Fiala. Is there a second? COMMISSIONER HALAS: I second it. CHAIRMAN HENNING: Second by Commissioner Halas. Page 59 July 29, 2003 Any further discussion? Commissioner Coyle? COMMISSIONER COYLE: Nothing from me, thank you. 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. Next item. MR. MOSS: Good morning. John David Moss, comprehensive planning. This is Petition No. CPSP-2003-5, Growth Management Plan amendments as a result of the deliberations of the Community Character Smart Growth Advisory Committee. As you may recall, the BCC contracted with Dover-Kohl to prepare the community character plan for Collier County, which was completed and accepted by the board in April of 2001. To provide a brief background of the community character plan, it was developed as a framework to building a community that recognizes and preserves the unique characteristics of the various areas throughout the county. The ultimate goal of the community character plan is to assist the county in generating character and new development and redevelopment by revitalizing maturing neighborhoods, transforming conventional subdivisions, growing new neighborhoods, fixing aging corridors and commercial strips, and growing activity centers. Another major component of this strategy is the encouragement of mixed use development according to smart growth principles. Page 60 July 29, 2003 Some of the findings and conclusions of the Dover-Kohl study were that the mixed use activity center subdistricts designated on the future land use element and shown on the future land use map have failed to create the intended mix of uses; that PUD's in Collier County have only rarely delivered mixed uses; that PUD's have primarily focused on single development projects, rather than on how the project will integrate with adjoining neighborhoods; and that there's a serious need for a balanced roadway network in the county. One of the things that was found was that new development approvals need to emphasize a more resilient pattern of streets and lots, since these will outlast the first generation of buildings and land uses that are put on them. Consequently, in June of 2001, the BCC appointed a community character smart growth committee to examine some of these issues. And some of the amendments to the future land use element that the advisory board came up with were adding a new goal No. 2 and goal No. 3 with subsequent objectives and policies to direct future growth and redevelopment according to the community character plan and smart growth principles; revising text to the PUD neighborhood village center subdistrict; revising text to the traditional neighborhood design subdistrict; deleting the entirety of the Orange Blossom mixed use subdistrict as a future land use designation so that it could be transferred to the land development code; and then finally just making additional text changes necessary for the purpose of format consistency. There were some -- the outcome and conclusions of the staff was that there are fiscal impacts to these amendments. We also determined that there needed to be further analysis to determine the potential impacts of the amendment. Finally, one of the major concerns was the intent of the new goals, objectives and policies in the FLUE and that they were not entirely clear. For example, what development pattern was being Page 61 July 29, 2003 promoted and when it would be applicable was not necessarily clear. Staff was not sure if the intent was to replicate the Fifth Avenue South/Third Street South shopping district in Naples. Staff was not sure if it applied to mixed use activity centers for areas predominantly developed and developing with community shopping centers. If it applied outside the urban designated area and was intended to apply to all urban designated areas, including Immokalee and Golden Gate City, which each have their own separate master plan. As you see from the report, the planning commission did not recommend transmittal because of some of these issues. However, staff would like to go ahead and recommend transmittal for the main reason that the advisory board has been working on this for over a year now, and we're afraid that the momentum that they've gained recently will be lost if these amendments are not transmitted for approval. That's basically our main concern is that the advisory committee that's been appointed will sort of languish for a year. And in light of the fact that the Board of County Commissioners approved this -- or accepted this plan and spent a quarter of a million dollars on the plan, we feel that they should be transmitted. That's all I have for you, and I will be here to answer any questions, along with Stan Litsinger and David Weeks and Barbara Caccione, the original consultant, on this community character plan committee. CHAIRMAN HENNING: Questions by the members of the board? We do have some public speakers. Commissioner Coletta -- Commissioner Coyle, do you have anything? COMMISSIONER COYLE: Not at this point. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. If we were to transmit this and after it comes back to us for approval from Tallahassee, if Page 62 July 29, 2003 we want to make major changes, we have to transmit it again? MR. LITSINGER: Stan Litsinger, comprehensive planning manager. Mr. Coletta, in recommending that we transmit these amendments, keeping in mind that they are a work in process and this is a very formal and open review process, what we're saying is let's get them into the process, keep working on them, and what we finally adopt, as long as they substantially resemble what we transmitted, there would not be any problem with the final adoption. That's why we feel confident in recommending transmittal. COMMISSIONER COLETTA: So we're getting approval for work in process? MR. LITSINGER: Right. And just to make a correction, your community character plan costs you in excess of a half a million dollars. CHAIRMAN HENNING: Half a million, quarter of a million. Do we want to call up public speakers at this time? MS. FILSON: You have three public speakers on this issue, Mr. Chairman. Bob Murray. He will be followed by Nicole Ryan. MR. MURRAY: Good morning, Commissioners. My name is Bob Murray and I'm the vice chair of the community character and smart growth advisory committee. And I have here a binder which contains some of the work that has been done. We are very pleased that staff has chosen to recommend moving these forward. Let me just say that the dynamic that occurs in a committee of 12 very intelligent people, all working to try and find the answers to a better tomorrow, is really something to observe when it's going. And it's now going. Going very well. Any one of the individuals in that committee, I'm sure, could have sat down and written in complete form, given the quiet and the time, a document that would not have needed double strike-throughs and strike-throughs, et cetera. But the language and the concepts and Page 63 July 29, 2003 the ideals that is in -- contained in the Dover-Kohl documents required the committee to turn its attention toward a change, a change of thinking and, therefore, a change of expression in language. The government's requirements are to sustain the documents that are in effect now, the language, the lexicon. It is really a requirement that we meld now. We come together with a different form that allows for subtle changes, that allows for activity centers to become, in fact, true activity centers. So we have worked very hard to accomplish that. The changes that I observed that were recommended by government staff are not unique. We probably would have gotten to them in any event. But I urge you to -- in spite of the planning commission's recommendation that you not proceed, I do urge you to make this go forth. It will be modified as we work with government staff to assure that the words do reflect all of the needs within those -- that -- those two -- how do we call them, paradigms. I appreciate that staff has challenged us even further by saying you need to look more carefully at the detail. We welcome their direct assistance in this and look forward to it in the weeks ahead. And we do agree that it is essential that if we fail to move ahead, if we fail to go with this process, the dynamic will be lost, the frustration then will cause the committee to subside into an area that you wouldn't want it to be in. May I answer any questions? CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: You represent the East Naples area. And how is this looked upon by the constituents in this particular area in regards to the study that was done? Do you have a buy-in from them? MR. MURRAY: Not really. Not in the context that we're talking about, no. A lot of this is really wrapped together. And yes, I Page 64 July 29, 2003 do represent the constituents in East Naples having to do with corridor 41 and other building. I personally believe that with smart growth community character, language adoption and expansion of true activity centers, that that's going to be a boon and not a bane for East Naples. This will help East Naples as well as the rest of the communities. And although we chose not to focus on Immokalee at this time, nevertheless, at some point in the future we will be very effective for the rest of the communities in Collier County. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Are you going to work with the community to construct a language whereby this would benefit those people that may have some concerns? MR. MURRAY: I think the answer is yes, but I must say this as well: We are required -- under the charge of Dover-Kohl and what the county has ordered to occur, we are charged to develop a language that reflects the ideals or the plan of the paradigm of Dover-Kohl, and so we must go forward with that format, at least that attempt. And by that, I think it's very effective that we can join with the ideals and the desires of the people of East Naples and all the communities. They will benefit from such a process here. I cannot -- I wish I could be more clear, but I cannot join those two directly because I've never attempted to do so. CHAIRMAN HENNING: Mr. Murray, maybe I can assist you. What I see, the East Naples corridor or the 41 corridor is an overlay. This is something different. These growth management plans are for all of the county. But the overlay can have their own directions, like the Bayshore, Immokalee overlay -- MR. MURRAY: Yes. CHAIRMAN HENNING: -- and so on and so forth. MR. MURRAY: Yes, thank you for that. If I can expand on Page 65 July 29, 2003 that, I think he helped me wake up a little bit. The truth is that it's a different format that we're approaching on the corridor 41. And this set of four concepts at the moment, it speaks to the matter in another way. I hope I've made that fairly plain. Thank you. CHAIRMAN HENNING: You did a great job, Mr. Murray, as always. MR. MURRAY: Thank you. MS. FILSON: Your next speaker is Nicole Ryan. She will be followed by Barbara Caccione. MS. RYAN: Good morning. For the record, Nicole Ryan here on behalf of The Conservancy of Southwest Florida. And I'm also here on behalf of Gary Davis, The Conservancy's policy director and member of the community character committee. He unfortunately is not able to be here today. But The Conservancy does urge you to go ahead and transmit these GMP amendments as the staff has recommended. The Dover-Kohl report, which was the initial step in the community character effort has widespread community support, and the committee has been working hard for well over a year to move towards implementation of some of the specifics within this report. Some further refinements may need to be done in the future, but we're asking that the transmittal occur now to get this process moving forward. Thank you. CHAIRMAN HENNING: Thank you. And our final speaker? MS. FILSON: Barbara Caccione. MS. CACCIONE: For the record, my name's Barbara Caccione, and I've worked on preparing the language that you see before you today in the community character amendments, along with the committee and Commissioner Henning, who sits on that committee. I think some of the confusion that resulted is really a lack of time between the transmittal of all the Growth Management Plan Page 66 July 29, 2003 amendments. There was a very limited time to kind of smooth the language and make sure that it was well integrated into the plan. I think there's some more work that we need to do to make sure that language flows and works very well, and also to bring that concept of the changes to the activity center which the committee had reviewed into this process. I think by transmitting it, we would get a good start and be able to continue to work with the committee to kind of work that language to the point where there's a great deal of comfort on the planning staff in terms of the intent and in terms of really how it's going to work. And some of this, as you may recall, involves amendments to your Land Development Code to actually implement what's going to go in the comp. plan. And I think without having some of that language at this point in time, I think that causes a little bit of uneasiness on some of the planning staff. And I think those are the issues we really need to work through a little closer to make sure that we have the main language in the comprehensive plan so that when we develop the Land Development Code changes, there's not questions or lack of clarity about how and in what direction and intent they should go forward in. And if you have any questions, I'd be happy to answer them. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. My biggest concern has been staff-- staff says they do not support this change. They have little comments throughout here and yet they recommend to go forward. Planning commission recommends not to. And then we hear that we should at least start this process so the committee doesn't get disappointed. I think of a wedding; as long as we've done this much planning, might as well get married anyway because we know we can fix it later on or get out of it. COMMISSIONER HALAS: Or get a good lawyer. Page 67 July 29, 2003 COMMISSIONER FIALA: And I'm thinking, is it really the way we want to go? CHAIRMAN HENNING: I think I like your wedding idea, Commissioner, so if you would like to make a motion at this time. COMMISSIONER FIALA: I would like to take planning's recommendation and delay this, actually, until we feel more confident in what we're doing as we move forward. CHAIRMAN HENNING: Okay, I misunderstood. There's a motion on the floor. Is there a second? COMMISSIONER HALAS: I just want to make another comment, but I'll withhold that. CHAIRMAN HENNING: Is there a second? (No response.) CHAIRMAN HENNING: Motion fails, lack of a second. Commissioner Halas? COMMISSIONER COYLE: Mr. Chairman? CHAIRMAN HENNING: Yes, sir. COMMISSIONER COYLE: I'd like to make a motion that we approve this proposal and forward it to Tallahassee. CHAIRMAN HENNING: For transmittal, okay. COMMISSIONER COYLE: For transmittal, yes. CHAIRMAN HENNING: Is there a second to the motion? COMMISSIONER HALAS: That I'll second to, but I have a question. CHAIRMAN HENN1NG: There's a motion by Commissioner Coyle, a second by Commissioner Halas to transmit, and Mr. Halas has a question. COMMISSIONER HALAS: Yeah. The only reason I want to go forward on this, because I think there was a lot of effort put into this whole study, and I'm hoping that -- and I go along with what Commissioner Fiala said here, that she has some concerns. But I'm sure that we'll have a good priest at this wedding and Page 68 July 29, 2003 probably hopefully iron out some of the problems. But I feel that there's an awful lot of effort that's gone into this by a lot of people. And I think that we can work together and take care of the issues that are being addressed here today. right thing here. And so with that, I -- CHAIRMAN HENNING: And I feel confident that we'll do the Okay, great. Commissioner Fiala? COMMISSIONER FIALA: I'll have to place my faith in this committee to make the recommended changes so that it is more acceptable and the wedding is a success. CHAIRMAN HENNING: Great. And the marriage. COMMISSIONER FIALA: more than wedding. COMMISSIONER HALAS: And the marriage. Yes, marriage I had one other question. As we refine this document, this document will come forth to the commissioners here for our approval, is that correct, as we clockwork through this process? MR. WEEKS: That's correct. At the adoption hearing, you'll see the final recommended version. COMMISSIONER HALAS: Okay. And so this is basically just the rough groundwork. Let me get this clear now, this is the rough groundwork that we're going to submit to Tallahassee. And then what we're going to do is refine this, and we feel that we won't be in any kind of violation that we'll have to start all over again when going through this refinement process. Is that my understanding? MR. WEEKS: That is correct. And I'll go ahead and state further that I would -- since staff is in support in a submittal, I'd say the worst case scenario is that we make such substantial changes between this transmittal and adoption, that once it's adopted, DCA finds the amendments not to be in compliance with statutes. Staff does not anticipate that. But I think that's the worst case scenario. If that were to occur, I think staff would recommend to you to Page 69 July 29, 2003 turn right around and repeal that adoption and go back to the drawing board and do it again. Our concern for delaying transmittal, if we don't do it now, we're probably looking at about a year delay. CHAIRMAN HENNING: Commissioner Coletta, then Commissioner Fiala. COMMISSIONER COLETTA: I just want to comment that I too have reservations. The normal process, we would not be doing something quite like this. But I can understand what we want to do as far as keeping this moving this forward. And I think we've given directions to the committee, you know, that they have to come up with something that's -- that knits this all together to give us that level of comfort. Because when that time does come, I'll listen very careful to my fellow Commissioners. And if it comes down right, I don't mind being the best man in this case. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: You are the best man. My question to staff is with the Orangetree, with deleting that particular -- I don't know if you'd call it amendment or whatever, it says that presently there's a PUD zoning petition pending that relies upon this subdistrict, and further it says that the private sector that proposed it would also not support this amendment. And I'm getting such conflicts. If that be the case, then what's going to happen with that? CHAIRMAN HENNING: If I can assist. COMMISSIONER FIALA: Oh, good. CHAIRMAN HENNING: What we want to do, we keep on seeing these special commercial mixed use districts popping up, so we wanted to give them a language of criteria through the Growth Management Plan and then furthermore through the Land Development Code. Because, you know, the fear is they're going to start popping up here and there. And they really need to be strategically placed so that it fits the community. But what we need Page 70 July 29, 2003 to do is work with long-range planning so they're comfortable on what the committee's desires are. COMMISSIONER FIALA: Okay. MR. WEEKS: If I could just make one more statement on that. The idea is if we could create basically a template in the plan. Here's what Collier County endorses as a mixed use project. You comply with that or you don't, as opposed to coming in with individual private amendments to create a site specific subdistrict. And we have several of those in this language now. And certainly we can't refuse to allow people to apply. So even if we adopt some template, certainly members of the public have the right to continually come in and ask for that subdistrict, but now we have something specific to evaluate it against and say well, what are you proposing that's so much better than what we've already got here now that we think is appropriate. Mr. Chairman, one question of clarification. Was the recommendation to endorse transmittal per staffs recommendation? As Commissioner Fiala's pointed out, we've recommended that not all of this packet be transmitted, that some things, for example, deletion of that one subdivision. CHAIRMAN HENNING: Is that correct, Commissioner Coyle? COMMISSIONER COYLE: I'm sorry, could you repeat it again, please? CHAIRMAN HENNING: Was it the intent of your motion to submit per planning staff's recommendations to DCA? COMMISSIONER COYLE: I guess I was more inclined to recommend the staff's recommendations. But I'm not sure that the staffs recommendations included the planning staffs recommendation. CHAIRMAN HENNING: Right, it's all the same. COMMISSIONER COYLE: Okay. If that's the case, then what's what I would propose. Page 71 July 29, 2003 CHAIRMAN HENN1NG: second, Commissioner Halas? COMMISSIONER HALAS: COMMISSIONER FIALA: And that was the intent of the That's correct. Except for the changes of the two subdistricts? That's what staff recommended, right? CHAIRMAN HENNING: Correct, correct, yes. Okay. Any further discussion on this item? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENN1NG: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Thank you. Next item, please? MR. MUDD: Next item is CPSP-2003-7, is Manatee Protection -- 6, excuse me. MR. MURPHY: Good morning, Commissioners. For the record, Dan Murphy, Collier County planning services, comprehensive planning section. I'm here to present the case we're recommending, Petition No. CCSP-2006 (sic), Manatee Protection Plan be transmitted to the DCA. Staff recommends the adoption of the Manatee Protection Plan for two reasons: To exempt all future marina sitings from the development of future land impact process on the provision that is adopted into CCME and the FLUE, and to ensure internal consistency with existing Growth Management Plan and Land Page 72 July 29, 2003 Development Code provisions. As for a little background on the Manatee Protection Plan, it was adopted in 1995 into the LDC as Section 2.6.22 under Ordinance No. 95-58. So this is really a mere formality to adopt it into the GMP. Based on the recommendations from the planning commission, the maps will be removed from the future land use elements. The conservation and coastal management elements will have additional language that does restrict the location of marinas and may limit the number of wet slips, the construction of dry storage facilities and boat ramps based on the plans for marina siting criteria. And for the urban mixed use district and the future land use element to be modified to add informational text, advising what zoning districts the LDC allows. Marinas, boat yards, boat docks, boathouses and boat ramps are allowed in. CHAIRMAN HENNING: Okay. I know Commissioner Coyle gave some direction to make these amendments. Commissioner Coyle, do you have any questions? COMMISSIONER COYLE: Yeah, I just want to make sure that the amendments are consistent with the 1995 plan, the approved plan. And if so, I would be happy to make a motion to approve. COMMISSIONER FIALA: And I'll second that. MR. MURPHY: Yes, it's merely a reference to the Manatee Protection Plan. CHAIRMAN HENNING: Okay. COMMISSIONER HALAS: I have a question. The 1995 plan, is it in -- is it parallel with what the State of Florida recommends for manatee protection? MR. MURPHY: Correct. It's been recommended by the DCA and the Florida Fish and Wildlife Commission. COMMISSIONER HALAS: I just don't want to get in some troubles like other counties have gotten into along the coast. Page 73 July 29, 2003 MR. MURPHY: We're very lucky to have a protection plan, Manatee Protection Plan, that has been approved and has been recommended by the Florida Fish and Wildlife Commission, and has been used in the eight years since the adoption by the actual commission. CHAIRMAN HENNING: There's a motion and a second to accept the staff's recommendation and forward to DCA for transmittal. Any further discussion? COMMISSIONER HALAS: Do we have any speakers on this? CHAIRMAN HENNING: No. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Next item? MR. MUDD: Next item is CPSP-2003-7, which is the economic developmental element. MR. COHEN: Good morning, Commissioner Henning, members of the board. For the record, Randy Cohen, community planning area development manager. The statutory basis for this particular element, which is an optional element, is set forth in Chapter 163.3177 Florida Statute. This particular petition was heard by the planning commission on June the 18th. The copy of the economic element that you have before you has certain strike-throughs that are within it which contain the recommendations of the planning commission. Staff reviewed the recommendations of the planning commission and has concurred Page 74 July 29, 2003 with those. I think it's important to give you a little background on this particular element and why you have it before you tonight -- excuse me, this morning. As part of CDBG funding for the incubator project in Immokalee, the CDBG grant application included a commitment from Collier County to actually draft this particular optional economic element. The ramifications behind not doing that would be that you would be responsible for paying back approximately $750,000 in grant money that this county has received. As a result of the ramifications associated with this financial payback possibility, staff prepared a very noncommittal skeleton type of economic element which contains provisions that really do not bind the county with respect to any particular financial commitments in the future or any other confining commitments which could put you at any risk as well. In addition, what we have included are policies wherein the support for economic initiatives by private entities within the county as well too. What you might note in the strike-through version that you have before you, at one point in time we included some specific entities. Planning commission removed those specific entities because there was a possibility that it could be construed as use affording some type of financial commitment or other commitment to them, and they did not want to bind you as a political body. Staff concurs with that particular recommendation as well. That's the gist basically of why the optional economic element is before you. If you have any questions, I'd be more than happy to answer them for you. Staff recommends transmittal of this particular economic element to DCA. CHAIRMAN HENNING: Any question? Commissioner Coyle, do you have any questions? Page 75 July 29, 2003 COMMISSIONER COYLE: Nothing from me, thank you. CHAIRMAN HENNING: I personally like the planning commission's recommendation on this item. Commissioner Coletta, do you have anything? COMMISSIONER COLETTA: I would like to hear from the speakers first. CHAIRMAN HENNING: Okay, no speakers. Do you have anything else? COMMISSIONER COLETTA: Well, I'm just trying to see how this -- from the direction we were originally going, is this a complete turnaround or is this just modifying our thought process? MR. COHEN: As far as the optional element itself, as I said, it was required as part of the CDBG requirement. The version that you have before you is completely consistent with what the staff was actually recommending in its draft element. The only thing that transpired was taking out the specific entities, and we have no problem with that whatsoever. COMMISSIONER HALAS: I make a motion that we accept this, adopt this. CHAIRMAN HENNING: Planning commission's recommendations? COMMISSIONER HALAS: Yes. CHAIRMAN HENNING: And I'll second that motion. Any discussion? COMMISSIONER COLETTA: Yeah, just one more time. Please clarify for me exactly what we did take out in simplest terms as possible. MR. COHEN: There was specific reference made to some of the entities in terms of the support that would be given. For example, support of the economic development council, certain initiatives with respect to that. One of the reasons that was taken out is as a body you provide Page 76 July 29, 2003 funding to them currently. In the future you may decide to reduce that funding or change that funding. And we did not want to commit you financially. There's also references made to other specific governmental and nonprofit entities as well, and we didn't want anything within the element to be misconstrued that you were providing any other type of support in terms of financing or other types of commitments that could be misconstrued where the commitment would go beyond just support. MR. MUDD: Commissioner, if I could help you a little bit, on your book where you -- and for the record, I'm Jim Mudd. I'm sitting right next to Commissioner Coletta right now. In the planning commission, when they got done they took out the specific elements. So on every one of the policies -- for instance, Policy 1.2.3, Collier County will support appropriate entities, and then it used to read in conjunction with the Airport Authority. They struck that out, toward positioning Collier County. The other -- COMMISSIONER COLETTA: No problem with that. MR. MUDD: -- one was -- then you go to Policy 1.2.5, it has specific to the Tourist Development Council, the Economic Development Coalition of Collier County -- COMMISSIONER COLETTA: This one here I do have a question, if I may. On the EDC, do we have a member of the EDC in the audience today? I know that we did earlier. No, we don't. I'm going to tentatively give my approval for this, but I'm going to ask some serious questions when it comes back to us for our final okay as to exactly what the impact is as far as the EDC goes. That's my concern is where we're going to stand on this whole thing. I can understand we don't want to bind the county to certain things like the first development council or-- MR. MUDD: East Naples Civic Association, enterprise zone, there's things -- Page 77 July 29, 2003 COMMISSIONER COLETTA: Right, that I understand. I do have some problems with the EDC, but I'll address it when it comes back to us in the final draft. CHAIRMAN HENNING: Okay. Seeing no further discussion, I call the question. 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. COHEN: Thank you very much. CHAIRMAN HENNING: Thank you. MR. MUDD: That brings us to our next item, which is CPSP-2003-8, the transportation concurrency management item. MR. LITSINGER: Good morning, Commissioners. For the record, Stan Litsinger, comprehensive planning manager. This petition is Stage II of your concurrency modification that you began last year in 2002 where you gave us specific direction in what order you would like to progress with your concurrency management system. I'd like to point out that last year you passed concurrency management measures which implemented a new process for collecting impact fees for road transportation. We now collect 50 percent of the transportation impact fees at the site development plan and platting stage, and these monies are not refunded. This is a very stringent requirement that is not matched elsewhere in Florida. You directed staff to go back and continue working on developing a concurrency management system and to come back to Page 78 July 29, 2003 you. Specifically you asked that we come back with a system that was real time and had checkbook features, as we often see in our personal finances. What we have brought back to you today we believe is an innovative approach to addressing your requirements. I will go through specifically the changes that we're proposing to your future land use element, your transportation element and your capital improvement element. We're also proposing the adoption of three maps, which I will explain to you as part of your transportation element map series. I will address also the planning commission's changes to the staff's recommendation as far as the issue that we often discuss here of the three-year window relative to roads, projects. And we'll offer that to you as a policy decision. I'd also like to point out in the very beginning, I think it applies to all of these amendments and I wanted to clarify for the record, that our full-page ad in the newspaper made reference to the Board considering an ordinance today. I'd just like for the record to clarify that you are, in fact, considering a resolution of transmittal, not an ordinance adoption. I'm working from your notebook on CPSP-2003, Page -- No. 8. On Page 3, I'll start going through the changes specifically to each of the elements very briefly and then open it up to your questions. Transportation element, Policy 5.2, here we're proposing to modify, for clarification purposes, the fact that a project -- traffic that is less than one percent of the adopted peak hour volume is a de minimus impact. And further authorize development of the de minimus impact so it be pursuant to Section 163.3180, which says criteria. Down in Policy 5.3, as you had directed your staff, your planning staff and your transportation staff, since our last visit before you with the previous amendments on concurrency, we have Page 79 July 29, 2003 conducted a traffic impact vesting analysis for planning purposes. We arrived at a conclusion of trip capacities relative to various PUD's of the 300-plus PUD's that have been approved in Collier County in order to build a database that DCA indicated we need to develop before we went to a more stringent checkbook type of approach. We have in fact factored these projects and their proposed build-outs with some standards and assumptions that we feel are reasonable, and we are proposing that change relative to Policy 5.3. On Policy 5.4, here we are acknowledging that the county shall use innovative transportation planning techniques, such as SYNCHRO, and we are also recommending that we use SYNCHRO and other transportation concurrency management processes that may be available. Policy 5.5 and 5.6 establish the transportation concurrency exception area we call the U.S. 41 South transportation concurrency exception area. This is an innovative traffic management technique. It has been used elsewhere in Florida and is provided for in Rule 9J-5.055, which is the concurrency rule. We have done the analysis, which is included in your executive summary and also in the backup data, which we feel establishes that we do have a rational basis for establishing the South U.S. 41 transportation concurrency exception area, which I have here on the map for you. Just to point out a couple of the requirements for transportation concurrency exception area that are the most significant ones. No. 1, you need to demonstrate that less than 10 percent of the available acreage within the exception area is undeveloped. We in fact have demonstrated that it's less than five percent. One of the other criteria is the percentage of residential versus commercial development, that it should be greater than 60 percent. We in fact have demonstrated that it's greater than 61 percent. Page 80 July 29, 2003 Also, it is intended to further in-fill the redevelopment objectives within your comprehensive plan. The proposed transportation concurrency exception area includes your Bayshore/Gateway redevelopment area which we are trying to incentivize development in that area and would not want to have a slowdown as a result of a concurrency issue. But it also includes the -- most of the community redevelopment district of the Bayshore/Gateway area as well. We have further demonstrated that greater than 90 percent of the 278 remaining undeveloped parcels in this TCEA would in fact qualify for the de minimus one percent impact concurrency exception at any rate if there was a concurrency issue relative to the U.S. 41 segment in question. We've also demonstrated in our analysis, which we will provide to DCA, that this area has a -- residential parcels within the TCEA have been developed and the density is greater than five dwelling units per acre, which is one of the criteria that you use to demonstrate the appropriate designation of this area. Policy 5.6 goes on to identify in the event that development should apply for-- a project should apply for development orders when there was a deficient or constrained status with U.S. 41 in this area, that they would need to demonstrate that they were applying various transportation demand management strategies of which we have listed about seven or eight, and they would need to meet four of these. Developments would need to obtain certification that they were meeting transportation demand management strategies as identified in this policy and would further be delineated in the following Land Development Code that would follow these amendments. Also, adding a transportation element on Policies 5.7 and 5.8, we're proposing another unique and innovative approach to transportation concurrency management that's provided for in the Page 81 July 29, 2003 Florida statutes. It was recommended by the Florida legislature and has been identified in the Rural 9J-5.0055 as a concurrency rule. And there are two transportation concurrency management areas. We have the northwest transportation concurrency management area, which transportation staff will give you some outline of our analysis that we use to identify the standards which have been used elsewhere in the state and the fact that these transportation concurrency management areas provide multi-path, multi-model opportunities for same destination travel within the TCMA's. Very briefly, I will also show you the -- this is the east central TCMA and this is the northwest TCMA, which we have identified as being appropriate designation as traffic transportation concurrency management areas. And your transportation staff will give you some more outline of the mechanism under which these were operated and how we would apply the concurrency process to these. In the future land use element we have added policies that provide consistency, internal consistency in reference to public facilities, evaluations and the application of the TCMA concept and the TCEA concepts when approving developments within the county, within the urban areas specifically. We identified the boundaries also within these policies that would be included in the TCMA. Very critically, if you would notice on Page 7, under the capital improvement element, we have significantly modified these standards under which a concurrency determination would be made with transportation, on Policy 15.3. We have redrafted this. In effect, we have proposed that transportation concurrency would have been met under the conditions that the facilities were in place or under construction, either physical construction or a contract having been let, or the construction of the facilities being used to approve development orders were in the first year or in your annual budget immediately following each AUIR. Your direction was to come back to you with a one-year reliance, to remove the reliance on Page 82 July 29, 2003 the three-year capacity in your scheduled capital improvements, and your staff had brought back that proposal to you. Here is where I would point out to you the Planning Commission's recommendation in that they thought the one-year requirement was too stringent, did not provide the necessary flexibility, and had recommended that the board approve a three-year provision for reliance on capital improvements, as provided for in rule 9J-5. And that is essentially the difference between the staff's recommendations and your planning commission recommendation. If you have questions specifically on the direction we would like to take you with your concurrency management system, I'd be glad to answer them. If you have some questions relative to the mechanisms that we operate the transportation concurrency management area or the exception areas, then we have our transportation staff here to answer those for you. CHAIRMAN HENNING: Thank you. Any question by the Board of Commissioners? Commissioner Fiala? COMMISSIONER FIALA: Yes, just one little one. We talked about -- this is in 5.8, and we're talking about proposed development and permitting with certain conditions. And then it says proportionate share payments shall be utilized or can be calculated. What I was wondering is if we have a constrained or a failing road, how can throwing money at something change that? I don't think it does at all. MR. LITSINGER: That's a good point, Commissioner, and let me clarify that. I probably should have made a point of that in my presentation. There is provision in the statutes in Rule 9J-5 that we have never accommodated or addressed in our comprehensive plan or in our Land Development Code, and it's succinctly referred to as the Page 83 July 29, 2003 fair share rule or pay and go. And what we have gone done is we have written into these policies a final mechanism in the event that there were to be a concurrency shutdown, that provides a mechanism to identify a proportionate fair share payment by a development proposal that would allow them to then go forward and develop that community to alleviate the possibility of taking these issues, should the county be unable to provide that improvement in a reasonable, finite period of time. So this is a statutory requirement that's trying to essentially cover all the bases here in a worst case scenario, how we would address the development proposal. COMMISSIONER FIALA: So what you just said was the statutes say if you have a road that really should not be built upon, if you put some money up front, then you can build on it anyway? MR. LITSINGER: In a nutshell, yes, ma'am. But the fair share payments are not restricted as to that particular roadway. The concept of the fair share payment, particularly as we have written it here, is to apply that fair share to the transportation system, not necessarily just that language. Mr. Feder, I think, is -- MR. FEDER: Commissioner Fiala -- for the record, Norman Feder, transportation administrator. First of all, the only place that we're looking to apply and I'll refer to Stan for a different interpretation, is within the transportation concurrency management areas, the two that have been shown. In those areas, what we've said is that you can look at the north-south together and the east-west facilities within those zones together. And as long as 85 percent of the lane miles serving north-south movement or east-west movement, in either of those, are functioning and operating at an acceptable operating condition, that development can continue within that transportation concurrency management area. What this also says, though, is that if you have even a one Page 84 July 29, 2003 percent impact on any deficient lane mile segment within that management area, that you have to pay a fee above and beyond the impact fee, this fair share fee. And essentially what we're looking at is a way to get at the relief that we can provide that we can't provide with impact fees. Impact fees are basically to add lanes. Our ability to either provide offering subsidy for additional transit or car pool, van pool, our ability to make intersection improvements, to increase operating efficiency is what we look for these fair share funds to go. So, first of all, it's only within the concurrency management area, the northwest or that south central, if you will, those two that we're defining here. And it's only if you have 85 percent of the roadway serving north-south or 85 percent serving east-west and either one of those operating at acceptable level of service that development can-- COMMISSIONER FIALA: Thank you. One of the questions that I always pose really to myself and maybe sometimes at this board meeting, is each development that comes up is handled separately from the ones around it. So when they say we're building 582 dwelling units and it will be no impact to the road, every time I see that I think, you know, how can they say no impact to the road? And instead of taking the surrounding areas into consideration, which we should be doing, we're building these roads, I believe, in an atmosphere of-- how do I say -- lack of knowledge of the surrounding areas. I'm not saying that properly, but -- CHAIRMAN HENNING: If I can help you -- COMMISSIONER HALAS: A traffic count is what's there. COMMISSIONER FIALA: Go ahead. CHAIRMAN HENNING: Commissioner Fiala's question is the five percent rule. MR. FEDER: Yes. CHAIRMAN HENNING: And I believe that has been removed Page 85 July 29, 2003 in a previous. MR. FEDER: That is correct. And basically as you know, we've gone three, three and five for the area that has to be reviewed for impacts. What I mean by that, that was taken in your last update action, is as a development come in, it has to show any roadway adjacent to it that has three percent impact of. If it does have three percent or more, it has to study the next section to see if it has three percent or more. The next section after that further out, it has to show if it has five percent or more. And if it does, it has to continue that analysis until it's no longer a five percent impact. As to what they have to do, again, backing what you're trying to do here with more real time concurrency, is as development comes on, we've taken what is out there today. We're looking at what is vesting, based on seven years that was reviewed with you, absorption rate of the vested projects, and anything we approve becomes an account on that ledger as a debit to the available service capacity on the roadway. And what we're looking at probably in the Land Development Code change is that as the transportation impact statement is accepted in the project, we put it in pending status, and then remove that or add it to the account as a debit, if you will, once it's approved. But in answer to your question, individual projects are assessed and then the available capacity is looked at the next as it comes forward. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: Yeah, I still have a question. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: That is, so we have a huge development coming in right now, okay, but we also know that there are four other very, very substantial developments going in, plus a couple more right across the street. Now, as this huge development goes in and it's being permitted Page 86 July 29, 2003 first, is it considering all of those other ones that are standing and waiting, being that we don't have any -- MR. FEDER: If those others are vested, the traffic is already debited in the account, yes. If they are not vested and the other bigger small development comes in and consumes capacity, it's first come, first serve. So if those others are already vested in the system, yes, the traffic is taken into account. Does that answer your question? COMMISSIONER FIALA: Thank you. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Eighty-five percent level, what level of service is that on the roads? MR. FEDER: The level of service, as we've established it, is D and E. That doesn't change with this statement. What this is saying is with north-south movement -- in the case of the northwest, as an example, we take existing traffic and vested traffic out there, we've got some deficiency on portions of U.S. 41, okay? What this is also acknowledging is that there are alternative route for the north-south movement where that problem is between Immokalee and Vanderbilt as an example. So in this area, you could look at Goodlette-Frank, Airport and Livingston capacity, and as long as the accumulative of all the lane miles that exist is operating at an 85 percent of those or operating at acceptable level of service, that deficiency on 41 wouldn't stop development within this transportation concurrency management area. It's not an outright averaging because it doesn't allow you to go -- someone just to go lower than 85, but we felt it was important to hold to what we're trying to do, acknowledging that we may have some difficulty on 41 when traffic has other alternatives that they can pursue. COMMISSIONER HALAS: So to paraphrase this, you're saying that 85 percent roughly means a level of service between D Page 87 July 29, 2003 and E on the road; is that correct? MR. FEDER: It depends on those facilities. If they are already six-laned, you've gone to an E level of service. If they are not, generally you're at D, some at E. But our level of service standard is D and E on facilities in your comp. plan. It doesn't change that. COMMISSIONER HALAS: Great. MR. FEDER: It acknowledges that 15 percent of the lane miles can have a deficiency. The other 85 are operating at that level of service that you have established. And I do need to make a correction. I'm told here that the application of this fair share is over the system when you run into a deficiency allowing that payment of fair share on deficiency. And I had understood we were going to keep it only in the TMA areas -- DCMA areas, but I understand it's over the system. CHAIRMAN HENNING: Mr. Feder, I have a question. In our metropolitan planning organization, we have a five-year funded capital improvement plan for transportation. MR. FEDER: Well, I'm sure the Board of County Commissioners has a five-year. We've got a 20-year plan and we've got our plan in the MPO's process as part of its TID (phonetic), along with the city's municipalities. CHAIRMAN HENNING: In our five-year plan, we have Road A that is supposed to be under construction in 2004. In the process of design going out to the community, there's a lot of public opposition or public concerns about how the facility is designed. And that's happened in the past, and even in the recent past. And that facility gets delayed for a year. The -- and then we've just seen it with Immokalee Road, the delays that we have gotten permitted for to the U.S. Corps or South Florida Water Management and that. When those projects get delayed and it's at a level of service at the capacity closer to the capacity like Commissioner Halas is stating, at 85 percent, does that Page 88 July 29, 2003 mean that the property owners cannot go forward with their site development plan.9 MR. FEDER: I need to give you a couple of answers, but basically the answer is yes, if that's creates a deficiency. But let me go back a little bit on that. First of all, if I'm in the process of doing design and issues come up, typically I'm a number of years out from what my construction would be that I'm doing design. So community acceptance generally of a project, the design issues, the construction's not for a number of years out. Sometimes a new design two years -- right away for two years and the construction could fit. So I probably wouldn't have something for design, ! hope. Although there are some examples. In design right now we're not planning on construction in '04 without having the design issues generally addressed. To the second item, yes, we had a year's delay when we let to construction. Although it says if we let, we'd be covered, but on our permit on Immokalee Road. That's during a time when EPA has gone to water quality, started to go into a different orientation in the permitting process. And unlike Alico Road that's over three years, I guess one year delay is far from acceptable, especially on an important road like on Immokalee in getting the construction moving. But we're pleased we got that resolved, and we hope that the process is under way now or all of us will have to meet that again. There's nothing to guarantee that something couldn't come up, some delay, some decision on something that was to be moved on couldn't change. If capacity is not there either today and if the existing traffic and vested traffic only allow a certain level of capacity, additional capacity, and we can't rely on that first year, as you have here after you are AUIR budgeted or under construction or already let, then we would have to basically stop development outside of this transportation concurrency management area. Page 89 July 29, 2003 And one thing I heard you say and I want to make sure I'm clear in case I misled you, that 85 percent is not allowing 85 percent of capacity use. It's saying of all the lane miles north and south or east and west within one of these transportation concurrency management areas, 85 percent of those lane miles must meet our standards, allowing 15 percent possibly not to meet them within those areas and not stop development, but then to require if there's a one percent impact on any deficient lane miles within that or throughout the system now, as I'm told, that they do pay a fair share of other improvements that could be done, above and beyond an impact fee to allow us to look at the operational deficiencies. CHAIRMAN HENNING: Well, I stand corrected. What I was referring to is the graph that you showed the Board of Commissioners on the checkbook currency. MR. FEDER: We are not using the matr]x process. CHAIRMAN HENNING: Okay, all right. That's out the window. MR. FEDER: That's out the window. CHAIRMAN HENNING: But I guess my real concern is that we be responsible to the existing residents today. MR. FEDER: Exactly. CHAIRMAN HENNING: Because of (sic) previous administration has failed to build these facilities. And we have a tendency to blame the development community, but in all reality the past administration has failed to build these facilities. But I also think the integrity of government is when they say that they're going to build a facility in '04, and because of Commissioners' policy or public input or permitting, that gets delayed. So I think we need to be responsible on both sides -- MR. FEDER: I agree fully, Commissioner. CHAIRMAN HENNING: -- to the landowner and also the existing residents. So I need your help in making this decision today Page 90 July 29, 2003 on how we can achieve that. MR. FEDER: Commissioner, what I will tell you is, first of all, for the last three years, with one exception being Immokalee Road, and I'm pleased to tell you we now have the permit construction to start in September, actual construction underway, that we have met the commitments. We have developed a five-year work program with this board. With very few exceptions, we have implemented that five-year work program as structured. The first two years directly Immokalee Road permit issue and one deferral based on Santa Barbara as we discussed issues there, and it got moved out one year and, of course, the Immokalee moved one year. But in all cases we have moved forward on that five-year work program. We have two more years left in that catch-up process, if you will, of projects. I can't disagree with your statement about the fact that roads were not built in the past and that led to a lot of the problems we're facing today. But I can tell you for the last three years we've made our commitments and will continue to, and that's very much in part due to this Board's direction both in that happening and in providing the resources for that to happen. So I'm very comfortable that we have a five-year work program and we'll continue to commit to that. So that if a project is shown as construction in the first year, I should have had the design already done, I should well be into my right-of-way, and hopefully we'll not have a major permitting snafu like I had on Immokalee. CHAIRMAN HENNING: The word is hopefully. MR. FEDER: That word is hopefully, sir, and there's no way to term an exact commitment that this board can't change an issue or other issues couldn't intervene, but I can tell you our track record is very good. Our commitment is such. So what I heard you say was that you wanted a commitment from staff and from the county that we would deliver on our end, and we have that strong commitment. Page 91 July 29, 2003 If you're asking for a guarantee iron clad, I don't believe anyone can deliver that to you, sir. CHAIRMAN HENNING: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Thank you. Mr. Feder? MR. FEDER: Yes. COMMISSIONER COLETTA: Question. And I admire what you're trying to do. Concurrency shouldn't be so evasive, but it is. And we have to weigh the needs of anyone out there. The plan that staff has together at this point in time, is it defendable if we send it up to Tallahassee? Do you think this one -- I mean, we had a problem in the past. MR. FEDER: Understood. And what I will tell you is your area of contention, as you are very well aware, both locally and with community development, is going to be doing anything more restrictive than the state standard for the first three years being able to be applied. There's nothing that prohibits this county or any other municipality or county from being more stringent than the state standard. But the moment you are more stringent, then you are tasked with being able to prove the financial feasibility as we know, as we went through the last cycle. To answer your question directly, I believe that we've followed through on what we've been asked from community development. I believe we've looked at the nature of development, we've looked at its reasonable absorption rate within the county, we've tried to apply that out. We've established a couple of areas that acknowledge some of the deficiencies that result from that, which is the transportation concurrency management areas that gives some level of relief where we do have deficiencies based on prior decision and our inability to have totally resolved it or gone into our six-lane management standard without a lot of other alternatives like 41, as an example. So I think we have something defensible here. But we are, as was reviewed by Stan Litsinger, looking to apply all appropriate Page 92 July 29, 2003 techniques. And they are ones that have to get the approval of community development up in Tallahassee, and that would be the management areas, the exception area, as well as any application of anything more stringent in the state standard which in this case would be one year adopted after the AUIR, rather than the three years. That is at least the state standard. In answer to your question, do I believe it's defensible? If it's the strong opinion of this board, we will go to Tallahassee and try to defend it. I believe that we've done everything we can. We have the documentation to show a reasonable approach. And I think we'll have to wait for their comments back. This board would then have to adjust if there were any comments that we'd have to respond to. COMMISSIONER COLETTA: So when it goes to Tallahassee, it's a regular;u scheduled meeting there where anyone can participate? MR. FEDER: We didn't go up last time and make our case. Others went up and made our case for us. So I believe that it probably would be advantageous if this Board, once you settle on exactly what you want in here, probably direct staff or maybe even have the chairman or a representative from the Board go up and make the case of what we're trying to do, just to make sure that DCA understands that we're serious about trying to create that balance, and I hope that we've done that here. CHAIRMAN HENNING: Okay, Commissioner Coyle, do you have anything today? COMMISSIONER COYLE: Yes, I have a lot of things, Mr. Chairman, but I think it would be better if I held my comments until after the public input. My hope is that I can add a little more clarity to some of these procedures, but I do have some questions. But again, I think it might be appropriate that I wait until after we have the public input. CHAIRMAN HENNING: And we have four public speakers. Page 93 July 29, 2003 So Ms. Filson, would you please call up the first one. MS. FILSON: The first one is David Ellis. He will be followed by Dwight Nadeau. MR. ELLIS: Good afternoon, Commissioners. I'm David Ellis. I'm with the Collier Building Industry Association. I really wanted to make a few points in regard to some of the things that we've already discussed this morning. Again, I'll commend your staff. They've done a nice job in really looking at this and really trying to be innovative. When we started last year looking at this idea of a more real time system, we started exploring a lot of ideas and said what can we do to make sure that we plan and we find and we execute this process. The idea of the transportation concurrency management areas and the exception areas and the fair share provisions are all ways that we can do that better. And I think they're innovative and interesting. We had actually talked about some of the transportation concurrency management areas last year in some of the discussions we had. And I do appreciate your staff's interest in evolving industry and those that are the engineers and those that are technically involved in this process to be allowed to participate. Also, Commissioner, I think you asked, Commissioner Fiala, really one of the most valuable questions in that how is this going to continue to work? Some of the best work that they've done behind the scenes this year is going out and finding those vested properties and determining how we're going to be able to calculate them into the system so that the checkbook or the process that we're going to follow actually can work. So that when you're approving that next project, that you know that all the numbers are there, and they've done that, or they've done, I think, their first run at that. I think there's probably more work to do and some people that may think they're vested than others and those things are going to be worked out as we go. But that's the right question, and that's really where we've Page 94 July 29, 2003 been trying to go all along. You'd probably expect -- I do want to make a case for reliance on our three-year funded plan. And I'll tell you why. First of all, last year that was really the thing that I think DCA got most concerned about, that we were abandoning what was their accepted statewide practice and going onto a course that was perhaps not financially feasible and really didn't follow what they considered to be the normal planning practices. 9J-5, the rule that kind of sets this out, sets that out as really the state standard. Now, again, I'll acknowledge 9J-5 doesn't say you have to use it. But when they set it out, it's the dominant practice of most municipalities around the state because that it's there and it's really seen for what it is as a planning tool. One thing I do want to make sure that we make clear, it's not a grace period. It's not a give away. It's an acknowledgement of how the process works. When someone comes before you and you approve for a project to move ahead, there's not rooftops really generally for a very long time. They've got to leave you and they go see a bunch of environmental permitting agencies. They come back to you oftentimes with a site development permit within that community, then come the rooftops. But even before the rooftops, they've got to come in and put in the streets, they've got to sell some houses, and then they begin building. And I'll tell you in Collier County, oftentimes that's a six-month to a year process. When you start tagging all those things together, it's easily three years before oftentimes any of the rooftops really start happening. And if you approve a 500-unit development, all 500 units are rarely on the roads in three years. As a matter of fact, I'd be willing to very much argue that very few, if any, are on the roads in those three years. That's why we rely on the three-year plan. It's not a give-away to that community, it's really an acknowledgement of how the process should work. It really is concurrency in its best form. Page 95 July 29, 2003 Now, a concurrency planning system was set up to make sure that the infrastructure was concurrent with the development, not before or not after. The key there, and I think the thing that we need to acknowledge, is to make the system concurrent is to make sure the infrastructure is actually delivered in the time frame that it's set forward to. And that would really be my last point. You've heard me say before we talk a lot about planning. As a matter of fact, it's a good discussion. We've had a very healthy discussion over the last year about how we would plan in our community. And important discussion. We've talked a lot about funding. About this time last year we were talking about road impact fees. And you guys approved the highest impact fees in the State of Florida at the time for roads. As the industry working with the county, when we talked to Norm last year, what he told us was, was one of my biggest problems is I need the money sooner. And we actually, as a part of working with him, said okay, what if we gave you half the road money up front when you approve a development and the other half within three years. So he doesn't have to wait over time incrementally for the money, but he could take that money and use it to make sure the infrastructure is there. Nobody that I know of in the country, certainly not in the State of Florida, does something like that. So the money's there. But .the last key element that we really haven't tied up, and I appreciate your question before, Commissioner Henning, is how do we guarantee the road actually gets built in the time frame that we've guaranteed the public will do it? That's where we got in trouble before. It wasn't the planning, and frankly, it wasn't the funding. We had the money in those years past. Once again, a lot of credit to you as Commissioners for blazing that political trail and for your staff for building the roads. We're now starting to see that relief. Page 96 July 29, 2003 But I would ask you again to keep the reliance on the three-year plan. Your planning commission endorsed that idea, and we would commend that to you. And I think you'd find with all the other innovative techniques, you truly have moved towards a real time system. Thank you. CHAIRMAN HENNING: Next speaker? MS. FILSON: The next speaker is Dwight Nadeau. He will be followed by A1 Zichella. MR. NADEAU: Good afternoon, Commissioners. For the record, my name is Dwight Nadeau, planning manager for RWA. I'd also like to echo my sentiments of staff's hard work, working with the development community. This has been a public process before it came to you. And I truly do encourage that you follow the planning commission's recommendations, not only for the three years, but all of the other additions that they've made to the proposed addition as part of this comprehensive plan amendment. And I'm going to elaborate just a short bit about the process. This process that the development community has to comply with is the same process that Collier County has to comply with related to building your facilities or building a subdivision or building a commercial development. Truly when your zoning is approved or when you have an idea that you want to build a roadway, it's going to take many years before that facility or that subdivision will be in place. It's going to take probably at least two years with environmental permitting agencies. And that's very costly, that's time-consuming. In addition to that, you then get to go for your construction plan approval, which could be your site development plan or your subdivision. And that's going to take at least six months. The system is getting better. It could take longer. Only after you have your subdivision done would you be able to go in for your site development plan. And then you put the infrastructure in for your Page 97 July 29, 2003 subdivision and your site development plan and only then can you now start vertical construction. It's going to take three to four -- it could take as much as four to 12 months to build a small development to a large development. All in total you're looking at three to four years after zoning, or after you have a road programmed and funded that you would be able to build that road or build that subdivision. The traffic does not hit the road when the zoning is approved or when the roadway is approved for construction. That way it goes through the permitting process. It's imperative that we -- we have the time, the development community, and have the reliance. It is not a grace period. If this -- if a proposal for one year goes through, it's going to hamstring your transportation department. They may not be able to perform. I've spoken with many members of the transportation department, and they feel -- they may have some concerns with that. Certainly you may want to verify that with Norm or with Don. And to conclude, with a commitment or a reliance that Commissioner Henning brought forward is that why not bind the county as a commitment through policy? And to that end I've sent you all e-mails, as well as staff e-mails, containing this language and this language we've developed. It basically came from the Lee plan. But we would propose that it be imported to the various policy statements that are on here. And it just gives everyone a heads up that if I'm going to make a commitment, I'm going to do what I'm going to say to do. Now, there's no penalties involved with this. I didn't believe that we were going to have the Board's support to say well, if we don't build the road, then you just go ahead and build it, build your subdivision. No, we're not going to get into transportation concurrency exceptions if the road doesn't get built. But if you have a policy statement that says road facilities that resolve existing or forecast service level deficiencies during the Page 98 July 29, 2003 five-year AUIR reporting period, they must be included in the five-year capital improvement program funded by the county and commencement of construction must occur prior to the forecast service level deficiency as determined by the concurrency management system. It might be considered to be lip service. But if it's a policy, the board says we're going to do what we said we're going to do. And with that, I'd like to conclude. COMMISSIONER FIALA: I think there's a question from Commissioner Coletta. COMMISSIONER COLETTA: Yes. Actually I'd like to direct it to Mr. Feder. Mr. Feder, why does staff have reservations on something they're sending to us on approval? MR. FEDER: We do not have reservations. We've noted to you, and I just responded a few minutes ago that we're ready to submit this to community development and hopefully have the backing that we need to be able to show them that it's a reasonable approach. We again note that once we go below the three-year, that that's going to be an area of contention. I've acknowledged that. To this item right here, if that's your question, I have some concern with this wording. The inference is, if I read this on face value, is there's no reason to have a concurrency system, because the minute there's any potential for problem, we've built the road. Now, obviously we're looking -- and especially with the division of the 50 percent up front, we appreciate that change, and moving out, that we are going to deliver on a program that meets our needs. But this would also say that if I've gone six lanes on 41, six lanes on Goodlette-Frank, Airport and Livingston and have no other reasonable alternate alignment, that I would still have to do something, even if something couldn't be done to respond. And I don't think we're going to get to that stage. But that's exactly what Page 99 July 29, 2003 we're trying to do is get ourselves in a position that we don't agree to development that puts us in that stage and still run into problems. So we do have a concurrency management system. I think some of the argument we're hearing and probably the reason we're hearing a lot of this, because I think as David Ellis has pointed out, as you're hearing here, is some very good points about our ability to continue to deliver and the ability provided to us with the monies up front. But we're still trying to take care of a backlog. We still have two more years of that process in front of us. So we do have some deficiencies. If we're not out ahead of the curve at this point. We hope to get there. If we're out ahead of the curve, a lot of what you're hearing makes some sense. I'm still concerned about this language, but we're not out ahead of the curve at this point in time. COMMISSIONER FIALA: Commissioner Coletta has another question. COMMISSIONER COLETTA: Yes, if I may address it to you, Dwight. What you're suggesting here is that the developers go ahead and get the approval, and then it's the county's responsibility to get the roads in. Is that what it is in a nutshell in this suggestion? MR. NADEAU: Well, it is the county's requirement to build the facilities that they say they're going to build. And the development community assists with the funding of the construction of those roads by nonrefundable impact fees through ~the development order process. Now, those impact fees are paid after the zoning is done. We chose to define what a development order is. It is the site development plan and the final plat. So it's a synergy between the development community and the county. And we have made our commitments because we're putting the money on the line, which is -- goes well beyond what the rest of the state does. We're putting our money on the line. We're making that commitment. All we want to do is have the county follow through with their commitments. You Page 100 July 29, 2003 do your budgets in October. You do your AUIR's in December. The monies for the AUIR for the next year are done in October. So when the monies -- when the road is programmed and it's funded, just commit to it and build it. COMMISSIONER FIALA: Commissioner Halas? COMMISSIONER HALAS: I think one of the reasons that we worked with you people to come up with the commitment of additional funds is because we have a very rapid growth rate here. And a good example of that is Island Walk. That was scheduled to build out in about seven years and I think they have built it out in about four years. And it's on Vanderbilt Beach Road, and that's impacted that road to the point, where as Norm Feder was stating, that we're still trying to dig out from a backlog of past problems that we've had. And yes, the Board has to step up to the fact that they are part of the reason for the backlog. But we don't ever want to get into another situation like we've just gone through. And I think it's a commitment to this community to make sure that we have a concurrency. And that's all I have to say about the matter. COMMISSIONER FIALA: I would like to add one other thing. Really not to you, I guess for the record. And that is something we never ever address while we're talking about this, when the building will take place, when it will be completed. We don't talk about all the building and the traffic generated for the building that's going to be taking place. How many dump trucks are in and out every day before anybody is living there, while they're building the golf courses, while they're building the homes. We're talking about a giant share of traffic before the first person occupies a home. And I think this is -- what we're trying to do is address that situation right now with this one year. Thank you. COMMISSIONER HALAS: Not only that, but -- CHAIRMAN HENNING: Commissioner, if I might say, that will be measured when we measure the capacity of the road, that Page 101 July 29, 2003 traffic generated by a development. COMMISSIONER FIALA: Before it gets there, you mean? CHAIRMAN HENNING: No, it will be measured because -- let's say you're at 75 percent. Development comes along and they're putting trucks on the road, putting in fill and filling in their development. That's counted. So that will kick it up to 77 percent, 80 percent or whatever. So when the next development comes along, that's -- their neighbor is counted into the process. COMMISSIONER HALAS: I think what Commissioner Fiala was talking about is where we have an influx of construction people that come from outside the area to assist in this development. CHAIRMAN HENNING: Right. COMMISSIONER HALAS: And they also have a large impact on the present road system prior to even people moving into this development. CHAIRMAN HENNING: There's no question about it. But again, that will be measured in our trip generation for the road. COMMISSIONER FIALA: I never realized that the preconstruction or rather the construction traffic is measured in. COMMISSIONER HALAS: I didn't know that either. COMMISSIONER FIALA: I've only heard dwelling units. MR. FEDER: Definitively, it's not. But effectively Commissioner Henning is correct. First of all, you're using permanent computation traffic counts. Now, you're not updating those daily, but you're using those counts. So that will take as part of background traffic. Also, you're attributing one-seventh of the development once you agree to it and, therefore, vest it. You're applying one-seventh of that development immediately for the trips and that. So that would take into account the background traffic created by the construction. And that's a different type of traffic, which is another whole discussion, but yes. CHAIRMAN HENNING: Next speaker? Page 102 July 29, 2003 MS. FILSON: Next speaker is A1 Zichella. He will be followed by your final speaker, Reed Jarvi. MR. ZICHELLA: For the record, A1 Zichella. I'm here today for WCI Communities and as a board member for CBIA. I'd like to speak also to the three-year reliance in the funded plan. And first I'd like to comment, Mr. Halas, on your commitment to improve concurrency. It was noted last year, the whole commission did make that commitment to go to a more real time plan. And that was the purpose of Mr. Nadeau's language, was to bolster that commitment, to codify it, if you will, in the appropriate section. Basically our reliance in the development community on the first three years of the five-year funded plan, as was said before, it's really not a grace period, but rather it's a concurrency rule tool as provided for, as again was mentioned many times -- and I hope I'm not being redundant here -- in 9J-5 of the Florida Administrative Code. It's basically a promise to the property owners and other petitioners that ultimately validates their property rights. It's a validation of their property rights. And they come before you with a petition or a permit application. They're relying on the promise of the county to complete the work program and provide the facility needed to achieve concurrency. That's important. It's a two-way street. Yes, we deliver cars to the road, but we don't deliver them overnight. And the three-year period as a tool has been proven over and over again and is relied upon by virtually every municipality. I mean, virtually every municipality in the state. And that's not an accident. That is because they have recognized, in fact, that the first three years of the plan should be a reliable projection of the work plan. Now, why wouldn't they give you the whole five year of the work plan? That's a good question. The reason they don't give you Page 103 July 29, 2003 the last two years is simply to allow a county flexibility to change their plan. If something happens down the road, a certain area of the county starts to develop faster, it allows you a reliance or a mechanism to change the last two years of the five-year plan. What they're saying in 9J-5, is that the first three years should be relied on by all people who want a plan. Otherwise, concurrency is what, serendipity? We have to plan for it. We have to visualize it. And when we come before you with a permit application, we should be relying on a road plan. And that's another reason why the language that was just proposed by Mr. Nadeau is a very good idea. I don't think it limits you at all. I think it bolsters your commitment which you've made to the county very publicly. As a simple matter of fact, it's a huge benefit to the planning process, because it provides everybody with a time table and everybody understands what's there. There's no mystery to it. We all know what's in the plan. We know what's before us. We know what should be concurrent and when it should be. As far as delivering cars and traffic to the roads, I can tell you, as a developer three years is really a short window overall when you consider all of the permitting and planning and infrastructure placement, which is no small matter to a development of some size. Now, I'll tell you that the county themselves have done very well with this, but recently has had very currently, and Mr. Feder referred to the one-year delay in a permit on Immokalee Road. It took them a year to get a permit. I want you to consider that. They're asking for a one-year, or at least proposing a one-year reliance in the funded plan. We can't even get a permit in one year. I mean, it's a stark absurdity. Nobody can rely on that. We can't even get a permit for Immokalee Road in a year. So the development community has no certainty. We have nothing to plan upon. We're running down a very slippery slope as Page 104 July 29, 2003 far as planning goes. And planning commission recognized this and made a very wise, I feel, and studied the recommendation to the board and I hope you'll consider that. They did feel that the three-year window was an appropriate planning tool. And I notice that the chairman made a distinct comment that he took politics out of his decision. He's very conscience that a lot of people are pressuring the Commission to do something to slow down that -- or what they perceive to be a grace period is really not a grace period. And the chairman of the planning commission very wisely said we should take politics out of it. If we're a planning body, we're a planning body. And by God, it takes three years to get this right and that's what we should do. It's a credit to him and his wisdom, I feel, in assessing the situation. Now, if we're serious about real time concurrency, integrity of process, then honest due diligence really would demand an accurate definition of when concurrency is required. And every time this is studied the three-year reliance on the funded plan is more evident. As I said before, it's provided for in state statute. It really is the actual duration it takes before we can put cars on the road. And to finish up, DCA, I think, would have a very hard time with it, and I think Mr. Feder alluded to that. The one-year window is really not -- it does not meet the financial feasibility standard, and I think would be rejected. I urge you not to do that, and to please take up the recommendation of the planning commission. And actually, Mr. Scott of the planning committee even said that he thought three years was acceptable to the staff, among other remedies too, to be fair. But he said he had no problem with three years. And I would urge you to please consider that. It is the fair and accurate thing and it truly is real time. This is not some mechanism. We all know what the process takes. It really is real time. And if real time is our goal, we should consider that. Thank you so much for your time and I'd be happy to answer any questions Page 105 July 29, 2003 if you have any. CHAIRMAN HENNING: Any question by the board? (No response.) CHAIRMAN HENNING: Thank you. MS. FILSON: The final speaker is Reed Jarvi. CHAIRMAN HENNING: Before we go to the next speaker, just to let the people in the audience know, we're running at least an hour behind. We have to go to closed door sessions for some arbitration stuff, I think it is. And I know that we have a 1:00 time certain. And would it be appropriate to name a new time? MR. MUDD: That time certain for the South Golden Gate Estates probably needs to be 2:00, sir. CHAIRMAN HENNING: 2:00? MR. MUDD: Yes, sir. CHAIRMAN HENNING: Okay. Thank you. Mr. Jarvi, I'm sorry to interrupt. MR. JARVI: My name is Reed Jarvi. I'm here helping with the CBIA in their presentation. And we've been involved with the concurrency from last year, about a year and a half now. And I have three points. I'm going to try not to reiterate exactly what the other people said, but the three points basically are: The three-year window, I think it's imperative. It should also be noted that concurrency by the way we've defined it, as Dwight said, is at the subdivision plat or site development plan standpoint. That is when we do concurrency, and that's when we've (sic) actually doing the measurements for concurrency. It's not a rezoning. It's at the subdivision plat and SDP level. I just wanted to reiterate that. I think it's important at that level still that three years -- as we've said, it takes several years for building permits for professional engineers. I'm a professional engineer. By the time I submitted something to the county and it gets approved through the environmental permitting agencies, through the county, through all Page 106 July 29, 2003 the other various agencies that I have to go through, before that house gets occupied or that building gets occupied, it's two to three years minimum, unless it's a very small development. Anything of size is going to take several years before there's impacts on water, sewer or anything. So I think three years is appropriate, and I'd encourage you to continue to look at three years. The other thing is I think it's real important, I know Norman has some problems with some of the language, but the statement that Dwight read into the record, I think, is very important that it completes a circle. As David talked about, we've planned for, we've funded, now we have to execute. We are executing. The staff has every intention as far as I know to execute. This board has every intention to execute. We feel it's necessary to have a comprehensive plan that we shall execute. That completes the circle. And it completes the circle for the community, as well as for the development. It's just good planning from our standpoint. The last point I'm going to talk about is in the transportation element 5.8 that we've talked about, and it's the 85 percent, we mentioned it a little earlier today. We didn't have a problem with 85 percent, just because it's a number. We've queried staff on it. And I believe they will say this, why the 85 percent, because we didn't know? And 85 percent comes from the way Jacksonville does it. Jacksonville, Duval County, does a similar type of TCMA and they've used 85 percent. And we said, well, where's that from? And they go, We don't know. So we looked at it and said what is a reasonable position and what is something we can-- what is a number that we can support? We came up with 75 percent. And the rationale is that if there is a two-lane road and a six-lane road and the two-lane road is failing, we don't think that the two-lane road should rule the parallel facilities. You have an alternate facility for the six-lane, the same one-mile segment of six-lane road, the same Page 107 July 29, 2003 one-mile segment of two-lane road parallel to it. If the two-lane road is failing, it would be 25 percent failing, and that would be greater than the 15 percent. And we think that a 75 percent would be a better answer. So if I can clarify that any more, I will try to, but we think 75 percent is the right answer in the transportation element 5.8 versus 85 percent. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I think what we've been hearing this morning here is this is all based on PUD's. We've got to take into consideration the whole county. And when we look at the growth of what's happening yearly, we're looking at -- a good example would be out in the Estates. I think they're building anywhere from 1,000 to 1,400 homes a year. Those come up rapidly. They're not a PUD. We've also got redevelopment and fill-in of other areas that it's not a PUD. And along with the PUD's that are coming on line, I think that's where we're generating all the additional traffic, and I think that's where we have to be concerned about how we're going to address concurrency. CHAIRMAN HENNING: Commissioner Coyle has been waiting patiently, has a bunch of questions. Thank you, Mr. Jarvi. Commissioner Coyle, would you like to -- COMMISSIONER COYLE: Yes, thank you very much, Mr. Chairman. The first, I would like to clarify something with staff. If the appropriate staff person could address this question for me. At what point in time is it proposed that concurrency be determined? Whether we're talking about the three-year rule or one-year rule, at what point in time does the staff intend to determine that concurrency question? Page 108 July 29, 2003 MR. FEDER: Commissioner Coyle, this is Norman Feder for the record. It will be at the time of final plat or plan. COMMISSIONER COYLE: Okay. Under the current circumstance, we have elected to collect 50 percent of our impact fees at the SDP development plan, site development plan stage. How will that change with the proposed one year, two-year, three year rule? MR. FEDER: Does not change, sir. COMMISSIONER COYLE: So we will continue to make the concurrency determination at time of site development plan approval; is that essentially correct? MR. FEDER: That is correct, sir. COMMISSIONER COYLE: Okay. A couple of observations I'd like to make here. The decision that the Board of County Commissioners made last year to revise our concurrency determination process to allow for us to make a concurrency determination at the time of site development plan and to collect 50 percent of the impact fees at that point essentially made the three-year rule largely irrelevant. Because what we were doing is looking far enough ahead so that we would have sufficient time to collect impact fees to do the necessary infrastructure improvements, so that by the time the impact of the development occurred, we would have the necessary infrastructure in place. And I think that's an extremely important point that I do not believe we have addressed so far this morning. The time periods that we are talking about must relate to the time when the impact is going to be occurring on the infrastructure. Now, let me give you an example. If a project comes in on January the 1 st, 2004 with a site development plan, and we make a concurrency determination on January the 1 st, 2004, we're not making the determination for concurrency for that 12-month period. Page 109 July 29, 2003 We're making a determination for concurrency at the point in time when the homes are ready for certificate of occupancy. So we're looking ahead about three years in assessing the concurrency requirements. And in doing so, we're taking into consideration all of the other vested developments which are going to be placing demands on our infrastructure. So we're looking at it in a very comprehensive and proper process. So what I would not want to see us do is to say if an SDP is presented on January 1 st, 2004, that the capacity must be available by January the 1 st, 2005, because that doesn't appear to me to make a lot of sense. That is not concurrency. Because the impact on that development that has a site development plan submitted for approval on January 1 st, 2004 is not going to occur until sometime like 2006 or 2007. And what we must make sure of is that the one year that we've been considering should apply to the period of time when the impact on the infrastructure will actually occur, which an example I used to be 2006 or 2007. So I see this debate about one year or two years or three years as being largely irrelevant, as long as we make sure that whatever process we use guarantees that concurrency will occur consistent with the impact on the infrastructure. That's what we've always said. We've always said whenever somebody is going to be putting cars on the road by -- by having certificates of occupancy issued for buildings or homes, then that infrastructure should be available before that event. I think someone else has -- well, several people have said it earlier, concurrency really benefits everybody. It benefits the residents, the tourists, the property owners, the developers. And I don't think we can back away from all our commitment to concurrency. Adequate infrastructure is an obligation of government. It's spelled out in the state statute. And we must fulfill that Page 110 July 29, 2003 obligation. And I believe we can do it with the elements of the plan we have. And the important thing is we apply the time frames in the way in which they were intended to be applied. And if I have misinterpreted anything with respect to staffs intentions about the application on these time frames, please let me know. But, Norm, is what I have just described as the sequential of events in the approval and the concurrency determination process, is that description accurate from the standpoint of what the staff intends to do with it? MR. FEDER: Commissioner, in general, many parts of that, yes. If I could just elaborate a little bit further. When we look at concurrency at the time of final plat or plan, again, what we're looking at is what's the background traffic already out there, what has been vested, approved, and what we approve, we continue on a debit process in the future. That's what we're trying to get to. COMMISSIONER COYLE: That's right. But when you're doing that, you're looking at when that particular development will be issuing certificates of occupancy, right? MR. FEDER: That's right. At the time of the final plat or plan, if there is available capacity -- and I'm going to your point for further discussion -- is at that time once we decide that there's available capacity, we reserve that capacity when a certificate is issued, based on, as I said, a seven-year basic build-out, which is what we've used in utilities. And when you take that and with the development out in the Estates, it comes out about the development that we reasonably expect. So you're only applying one-seventh of that development, generally speaking, each year, as you apply that to the next project that comes in and is seeking capacity. The other part of that equation I'll ask you to throw in and then I'll leave it to debate, is if it's programmed in the first year of the Page 111 July 29, 2003 work program to be let to construction, that will still take the letting during that year and over two years of construction -- sometimes a little longer, but the average is about two years -- before the product is delivered. So that's part of what we're looking at. Now, having said that, though, I think your point is well taken. We're at final plat or plan, that is a good three years out from when most of the development impact's going to happen. Some of them won't happen that fast. That's why the overall absorption rate is about seven years that's been shown with utilities, and we're going to continually assess that. As you know in your last update, you established a reporting each June and July of how much each development has built out and how it intends to build in the coming years. COMMISSIONER COYLE: Well, I think that answers my question. I think it's entirely consistent with my expectation. And unless I'm missing the point here, and it's entirely possible, but unless I'm missing the point here, the debate over one years, two years or three years is largely irrelevant with a couple of exceptions. One, people do have and should have the right to rely upon our five-year work plan. And, in fact, they can do that. And that should form the foundation and basis for the planning and the timing for the development process. But it's the final determination of concurrency which would occur at the site development plan that provides the so-called vesting that guarantees the facilities will be available. The other, again, important point is that we must tie these time frames to the anticipated date of impact upon infrastructure. And I believe that what you've told me is that's exactly what we're planning to do. So that a site development plan presented to us on January the 1 st, 2004, we would anticipate the impact to actually occur three or four years later. And it is at that time that we would expect to be seeing the cars on the road when certificates of occupancies are issued. And that, in fact, provides the three-year window. Page 112 July 29, 2003 The thing we want to make sure of, however, is that the concurrency, that is the certificates of occupancy and the delivery of the infrastructure, occur essentially concurrently, which means within a one-year work plan. So I think that's what we've been working toward. And I think that would work to the best interest of everyone involved. CHAIRMAN HENNING: Is there any further questions, comments? Commissioner Coyle? COMMISSIONER COYLE: No. It's just again, I think it's important that we recognize our obligation to provide infrastructure. It's something that's not been done with consistency in the past for a variety of reasons. This particular board has done a wonderful job, I think. Even before I joined, I think you did a great job pulling these things together. I think we have to continue that work and make sure that we do provide concurrency for all of the people in our county who depend upon us to provide adequate infrastructure. CHAIRMAN HENNING: Okay. Commissioner Halas? COMMISSIONER HALAS: One of the points that I'd like to bring up also is the fact that when we're talking about single-family units, a lot of times from the time that the site development plan is put in place and all the necessary permits are put in, that we can have that home done in about 10 months' time. And when we look at the amount of traffic that's being generated out in the Estates each year, the increase, that's because of the fact that people are building single-family homes and maybe not so much relying on a PUD. And that also poses quite a taxation to our road system. And I think that's also one part of the equation that we must address ourselves. CHAIRMAN HENNING: Mr. Litsinger? MR. LITSINGER: Stan Litsinger. I'd like to make a real simple analogy, if I could, relative to the three-year, one-year issue. What we are essentially talking about is, yes, we measure concurrency now under your future system at the site development Page 113 July 29, 2003 plan and the plat. The issue with the one-year and the three-year is · do we deposit the inventory into our checkbook for three years out or only for one year out? So it essentially means that the balance that we're drawing down on in each yearly cycle for approving SDP's and plats is either larger or smaller, depending on whether you have one year of capacity or you rely on three years of projects in order to balance your checkbook. COMMISSIONER FIALA: That was good. COMMISSIONER HALAS: That's great. CHAIRMAN HENNING: What's the pleasure of the board? COMMISSIONER FIALA: I'd like to make a motion to approve as written. COMMISSIONER HALAS: Exactly. I'll second that. CHAIRMAN HENNING: Staff recommendation, planning commission recommendations? COMMISSIONER FIALA: Staffs recommendation. CHAIRMAN HENNING: We have -- COMMISSIONER HALAS: Second that. CHAIRMAN HENNING: And there's a second on the floor. Now, Mr. Nadeau requested some language to be added. COMMISSIONER FIALA: No, I just wanted it as staffs recommendation. CHAIRMAN HENNING: Okay. MR. LITSINGER: On the language that was proposed, speaking from planning staff, not transportation, staff has some problems with the language that was proposed relative to a policy, keeping in mind that there seems to be an emphasis on the community's and the board's commitment to build the facilities that provide the services. I don't know that we need an additional policy to enforce that or reinforce that. But if there was an inclination on the part of the board to include language suggested by Mr. Nadeau, we would propose some changes to that. Page 114 July 29, 2003 CHAIRMAN HENNING: Any further comments? Commissioner Coyle, do you have any questions, additions to the motion? COMMISSIONER COYLE: No, I don't. I think we're going in the right direction. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I just had some concern over the suddenness of going to one year, and I was wondering if possibly you'd might want to consider a little bit of a breathing space in there if possibly we went from a three-year to a two-year then a one-year after that so that there was some breathing room. Suggestion. You know, to give the industry a little bit of breathing space so that they might be able to react to what's taken place. CHAIRMAN HENNING: So you're suggesting go to a three-year for like one year and-- COMMISSIONER COLETTA: And then a two-year. CHAIRMAN HENNING: -- to a two-year. And then after two years? COMMISSIONER COLETTA: After two years you go to the one year. CHAIRMAN HENNING: After two years, you go to the one year. Where does the two-year come in? When do you want to fit that in, the second year? COMMISSIONER COLETTA: After the second year. CHAIRMAN HENNING: And then the one year after the third year? COMMISSIONER COLETTA: That would be to wean everybody into the whole situation because there's going to be some major fallout over this taking place in one year. I can see that being a problem. Just a suggestion, two-year motion. COMMISSIONER HALAS: Well, we've got to see if this is Page 115 July 29, 2003 going to pass at the DCA also. COMMISSIONER COLETTA: Yeah, this might give them the breathing space that they need to take it to the DCA. That's just a suggestion that you might want to consider. CHAIRMAN HENNING: Commissioner Fiala, are you willing to put in the recommendations by Commissioner Coletta in your motion? COMMISSIONER FIALA: I couldn't go to the three year, because I think we've already gotten a year into this before we've even got to this point. I could possibly see a two-year and a one-year COMMISSIONER COLETTA: Two, two and then one? COMMISSIONER FIALA: A two and one, yeah. A two-year to give us some breathing space into it and then a one. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: How does my second feel? COMMISSIONER HALAS: I can't support that. I think we ought to go to the one year. CHAIRMAN HENNING: Okay, let's -- all right, since we don't have -- the second hasn't agreed to the amendment. MR. MANALICH: I think the motion would have to be withdrawn or you should vote on the present motion. Either withdraw the motion or vote on the present one. COMMISSIONER FIALA: Well, let's vote on it presently. I just wanted to hear what other people have to say. I was just commenting. But my motion stands to accept as staffs proposal. Staff, right. CHAIRMAN HENNING: Okay, all right. No further discussion, all in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. Page 116 July 29, 2003 CHAIRMAN HENNING: Opposed? Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Commissioner Coyle, your vote? COMMISSIONER COYLE: Yes, I was in favor of the motion. CHAIRMAN HENNING: Okay, the motion carries 3-2. I think, Commissioner Coletta, it was a great compromise. I do have concerns about the implementation, but if staff feels comfortable about that, then -- MR. LITSINGER: Clarification on the motion, Mr. Chairman. The motion was to transmit staff's recommendation of the one year-- CHAIRMAN HENNING: Correct. MR. LITSINGER: -- not three years? COMMISSIONER FIALA: That's correct. MR. LITSINGER: With all other recommendations of the planning commission and staff being in the motion to transmit as well, policies? COMMISSIONER FIALA: Yes, that's correct. MR. LITSINGER: I'd like to make one clarification, that this concurrency amendment relates to transportation only and not the other four types of concurrency facilities. COMMISSIONER HALAS: That's correct. MR. LITSINGER: We have separate standards for those. And I guess I would ask also for policy direction relative to it's a little extraordinary, but generally you have directed us to develop parallel Land Development Code to implement this for adoption in January, or would you want to develop the Land Development Code in the following cycle next year? You had us develop parallel Land Development Code to implement it for adoption fairly short time frames and thereafter, and I was just asking if you had any policy direction for us today on that. CHAIRMAN HENNING: Can you get it in the third cycle? Page 117 July 29, 2003 MR. LITSINGER: Possibly. CHAIRMAN HENNING: Okay, possibly. Then possibly maybe you ought to do that. MR. LITSINGER: Thank you. CHAIRMAN HENNING: We are -- we're going to go in the closed door session for the purpose of-- MR. LITS1NGER: Excuse me, Mr. Chairman. We have one more very brief amendment. That is a very brief amendment to the airport zone -- CHAIRMAN HENNING: Hurry up. MR. LITSINGER: -- noise overlay zone. MR. MUDD: This is CPSC-2003-09, airport noise overlay. MS. KENDALL: Good afternoon. For the record, Marcia Kendall, comp. planning. The petition before you is a housecleaning amendment and we're requesting approval to amend the future land use element and the future land use map, making it consistent with LDC changes that have already occurred that were done by Naples Airport Authority back in 2000 by Ordinance 2000-43. We're basically just asking to match that so it's in compliance. COMMISSIONER FIALA: Motion to approve and transmit. COMMISSIONER HALAS: I second that. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Halas to transmit as written. MR. MUDD: Any speakers, Sue? MS. FILSON: No, sir. MS. KENDALL: If I might make one side note, we did receive notice from them that additional changes had been made to reduce the contours. We'll address that at the adoption phase. CHAIRMAN HENNING: Thank you. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. Page 118 July 29, 2003 COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries. Mr. Litsinger, do you have anything else? MR. LITSINGER: No, thank you very much. MR. MUDD: Commissioner, while we're on this page, if I could just get you to go back to 7(B) and make a motion to continue that item to 9 September. COMMISSIONER COLETTA: Motion made. COMMISSIONER HALAS: I'd like to make a motion that we continue that item to September 9th. CHAIRMAN HENNING: Motion by Commissioner Coletta, 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: Sir, one other note. We had a time certain starting at 1:00 for Item 10(A) which had to do with the South Golden Gate Estates, and that will now be at 2:00 p.m. CHAIRMAN HENNING: Thank you. And we're going into closed door sessions, Ramiro, for -- MR. MANALICH: That's correct. This is with the labor Page 119 July 29, 2003 negotiation committee and strategy session for collective bargaining as provided by statute. You're allowed to meet with your labor counsel on that. And you'll be meeting in the conference room. CHAIRMAN HENNING: Thank you. And the board will reconvene at 2:00. (A recess was taken.) Item # 10A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE OF FLORIDA, THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD), BIG CYPRESS BASIN (BCB), AND COLLIER COUNTY INITIATING VACATION PROCEEDINGS OF THE SOUTHERN GOLDEN GATE ESTATES ROADWAY SYSTEM AND THE ESTABLISHMENT OF AN OFF ROAD VEHICLE RECREATION AREA-APPROVED WITH CHANGES CHAIRMAN HENNING: The Board of Commissioners are now back in recess, back from recess. Jim Mudd, where are we at in the agenda? MR. MUDD: Mr. Chairman, we're at time certain of item 10A and it's to receive Board approval to enter into a Memorandum of Understanding between the State of Florida and the South Florida Water Management District, Big Cypress Basin, and Collier County initiating vacation proceedings for the southern Golden Gates Estates roadway system in establishing an off-road vehicle restoration area. Mr. Chairman, Commissioners, this particular item has been ongoing for a period of time and we've been, the Chairman and I have been in negotiations with the Florida Department of Environmental Protection and South Florida Management District and the Big Cypress Basin. And there was a series of items that have Page 120 July 29, 2003 gone on -- I will just give you a little bit of background. Original proposal, because there was nothing on the table outside of just vacating the roads, we looked at a mitigation bank strategy whereby we valued the roads, if there was no depreciation, at around $38 million and after depreciation it was about $17 million. That mitigation strategy was presented to Secretary Struhs and we received a memo from Ms. Eva Armstrong that basically said they couldn't, they couldn't accept that particular strategy because of precedent that was set. And I will, and I will also say that we just received the letter to Commissioner Henning from Secretary Struhs reaffirming the issue about precedent. Not that it was bad strategy, it was doable, but it sets a precedent for other counties throughout the State of Florida to do the same, and it's almost kind of what we went through this morning a little bit about asking for a noise wall or a vegetative wall with one of the developments. I think all of the commissioners were thinking about the precedent that it would set. Then a series of other ideas came forward, one of which was to try to see if there was a way to get an Interchange on 1-75 and Everglades Boulevard. We went to the Florida Department of Transportation, and I have E-mails in the stack of paperwork that I have that basically said that that's not in their short range nor long range plan at the present time. To further come back, Secretary Struhs in a letter to Commissioner Henning, the same one that I've noted previously as far as the mitigation bank, stated that the Florida Department of Environmental Protection does not, does not stand between us and getting that Interchange. They would support that process, however they are not the Department in the State of Florida that does interchanges, it's the Florida Department of Transportation, not the environmental protection piece. Page 121 July 29, 2003 get at some of that fresh water that this particular environmental restoration project was going to give Collier County as one of those benefits. It was supposed to replenish that aquifer or continue to replenish that aquifer, and the thought being that in future years if Collier County needed a fresh water supply that it would have the ability to tap into those, into that water supply. I will say that, after conversations with Ms. Pam Mac'Kie, who is standing at the podium right now trying to figure out what this computer does, that she said that would not be a good idea. I will say that she said it wouldn't be a good idea to acknowledge the fact that we could have a well field there, but she did not say that sometime in the future if the County went through the proper approval channels, permitting and everything else, that if we decided a well field needed to be brackish or whatever, that we might want to be able to talk about land and the ability to do so out there beside roads that are already existing, the blacktop roads that sit there. You have to have a road network that's close so that you can get to those well fields and maintain them appropriately. So that might be something you might want to discuss. The other ability is access, and I think we've shown the access roads a number of times to the Board so that you know what hardtop and what limestone roads are going to be left by the particular project, and Ms. Mac'Kie has stated on several occasions that it would be open to the public and there would only be particular, if there was a particular instance or an emergency or whatever, that would be the only reason that those roads might be shut down in the future. With all that said and done, the agreement before you basically talks about the Big Cypress Basin, giving the Board of County Commissioners a million dollars a year for 20 years or until such time as the Big Cypress Basin, because we are still talking and negotiating about them taking over our drainage program for Page 122 July 29, 2003 secondary drainage, so that's also in the agreement. Another item that's in the agreement before you today is the fact that the Big Cypress Basin and the South Florida Water Management District, well, they are almost one and the same, the South Florida Water Management District would give the County one section of land, that's basically one square mile of land, not necessarily in a big square box, but continuous land, some 640 acres, so that ATV use could be -- ATV folks that like to do that and enjoy that, that presently do that now in the South Golden Gate Estates would have a place where they could continue their pastime. That's pretty much what the agreement says and that's pretty much where we've been. Commissioner Henning, did I miss anything, sir? CHAIRMAN HENNING: Yes. There's one thing in the statement, instead of the word "restoration" it should have been "recreation", to establish an off road vehicle recreation area. MR. MUDD: So, I would like to turn it over, the briefing, to the South Florida Water Management District representative in this negotiations, Ms. Pam Mac'Kie, Mr. Chairman. CHAIRMAN HENNING: Thank you. MS. MAC'KIE: Thank you. I'm Pam Mac'Kie and I'm a Deputy Executive Director at the South Florida Water Management District. I want you to know -- where is Bob Howard, there -- Bob Howard, who is the Department Director for the greater West Coast Department. That means that he supervises the Big Cypress Basin, the Lower West Coast Service Center, and also the Okeechobee Basin Service Center. So I just wanted you to know who that is. I know that you know Clarence, and he is here with us. This is, as you know, the project area. I've just got that slide in here because that's what we do. And I know you know where it is. This shows you where the flow ways are and what the goal of the Page 123 July 29, 2003 restoration is to restore these major, minor flow ways. And then, quickly, I'll just go through what are the goals and objectives of the project. As I said, it's to reestablish historic flow ways; reduce point -- fresh water discharge into the estuaries, which is a poison to the estuaries; improve aquifer recharge; restore and enhance habitat for fish and wildlife resources; preserve upland habitat; control invasive exotic plants; improve water quality; reduce or eliminate overdrainage; provide resource based recreational opportunities; and provide contiguous habitat conservation. I mention those because one might presume that that is the compensation to the County for its roadways. Keeping in mind that the roads have already been purchased, the dirt is already in the ownership of the State of Florida by virtue of purchasing the land interests from the property owners there. What I like to refer to what we are talking about here today, and I understand this is a little bit over simplified, is erasing a blue line on a white piece of paper. Because what we are talking about here is the platted roadway easements, not an interest in dirt. There's not dirt here, there's blue lines on a white piece of paper, a legal depiction, if you will. Here is the status so far. About $100 million has been spent by the State of Florida. You guys have been saying, where is the money coming into Collier County. Well, here is $100 million, $38 million of that was federal money under the Farm Bill and the balance was from various State of Florida funds, has been spent so far to acquire 51,000 acres of land. The remaining land interests have to be obtained now. The Governor and Cabinet have authorized condemnation to go forward of these easement interests if we are unsuccessful in negotiating an agreement here today. And that is one of those unpleasant things that just has to be said, so that we know what is the position -- if we can't reach an agreement, then it is go to court to determine what the value of the road easements might be. Page 124 July 29, 2003 The southern Golden Gate Estates project is currently scheduled to be an early work project. What that means is there's $12 million in, in addition to the $100 million, in addition to the, $38 million of which is federal money, there is $12 million this year in the South Florida Water Management District budget to begin early construction on this project. There's going to be a project that gets to be the early construction project. I really hope it's this one. But if this one is tied up in court over roadway easement ownership, then I think we are very likely to lose that opportunity. And if you do lose it, you need to know that the. project is likely to cost $50 million more through the time and the combination of the federal process, and to be put off by at least five years. Another benefit, another list of the benefits of this project to Collier County and to the area, primarily, the first one I like because it's a dollar value and it's one that, the natural resource restoration using the Fakahatchee Strand economic impact as comparison, assuming this produces similarly, that adds $1.7 million to the economic benefits. CHAIRMAN HENNING: That's Commissioner Coyle with us. COMMISSIONER COYLE: Hello, I'm here. CHAIRMAN HENNING: Commissioner Coyle, at this time Pam Mac'kie from South Florida Water Management District is doing a presentation on the benefits to'accept the State's deal on the South Golden Gate Estates. Please continue. MS. MAC'KIE: Good afternoon, Commissioner. There are 4,500 acres of restored wetlands, 19,000 acres of restored estuary. There will be reduced occurrences of wildfires due to the higher groundwater levels. The County road maintenance burden will be eliminated. There will be higher groundwater levels during the dry season while maintaining current boundaries -- current flood control standards. And, for those sportsmen and women out Page 125 July 29, 2003 there, improved water quality for the project area and for the Ten Thousand Islands and the resulting fishery benefits. That is a new slide that I haven't had before, and it's marked "draft" because it is very much hot off the presses. But what this is is a slide that shows the water level conditions of the area in, as modeled in 2050 without the project. And you can see that red means dry, it means variations of dry, and you could see yourself on the, see the southern Golden Gate Estates, that's very easy to see because of the rectangles, and then the northern Estates above, that if no changes were made in the system this would be the modeled groundwater levels in 2050. This is with the project, a picture of the modeled ground levels with the project. And as you can see, approximately 220 million gallons per year will be recharged in this area in the groundwater. This is hot off the presses, modeled data that Clarence's office was good enough to do. But I wanted to give you a picture of it, because I kept saying there's going to be more water. This is without the project in 2050, this is with the project in 2050. That's a quantifiable final benefit that I hope you will see. This is also a picture that you've seen before but it is of the post restoration road plan. And you can see that the red roads are the improved roads at grade, the blue roads are the roads that will be scraped down to ground -- to level. I have been calling the deal, in my shorthand way, the deal that's on the table from the State right now, is $20 million and a place to play. Because, in addition to all of the positives I just outlined about the project itself, the South Florida Water Management District, through the Big Cypress Basin has agreed to pay $1 million per year for 20 years into the Collier County budget for the purpose of secondary canal systems, stormwater maintenance. In other words, $1 million a year for 20 years for projects that you won't have to fund, you won't have to raise taxes, we will fund those projects, $1 million a year grant. Or, or, Page 126 July 29, 2003 hopefully we will be successful in our negotiations for us to take over the entire secondary system because we have a lot of efficiencies that I believe could be accomplished there. So I am anxious to continue to do that and hopefully to reach that opportunity with your manager, in which case the $1 million a year would stop because we would have taken over the whole system. That seems to address many of the issues but there remains the fact that, right now, southern Golden Gate Estates has been a place to play for off road vehicles. So, in order to try to provide a substitute for that, we have, we are committed to providing a section of land, a full section of land, which is 640 acres of land, to the County for you to use for off road vehicle usage as you see fit. And in exchange for that we would ask you to please be our partner in this restoration, we would ask you to approve your staff's recommendations, execute the Memorandum of Understanding, and to convey the road easement as quickly as possible to the State of Florida. And I would be happy to answer questions. CHAIRMAN HENNING: Questions from the Board? Commissioner Coyle, do you have any questions? Are you still with us? COMMISSIONER COYLE: I'm still with you. No questions. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes, I have two questions. The first is, where would that land be, is it accessible to these people? MS. MAC'KIE: The location of the land is to be determined. And the, it's identified in the Memorandum of Understanding as being provided by October 2005, so that you have a drop dead deadline by which it has to be provided. And it will be identified in conjunction with your staff and your staff will agree that it is or is not acceptable land for the purpose offered. COMMISSIONER FIALA: And the second question is, what is Page 127 July 29, 2003 the true fiscal impact on the front end and on the -- on an annual basis. MS. MAC'KIE: Well, I will tell you. I asked that question about what is the fiscal benefit to Collier County, and the answer that I got based on the best available data were some very large numbers, and I just didn't feel like I could personally attest to the truth of them so I didn't include them in my presentation, but there is, there is data provided to me by the DEP in the hundreds of millions of dollars of annual benefits based on the value of restored wetlands and restored estuaries. So, can I give you an absolute number; I cannot. But history shows, and you know why you're here is because of what's out there, and we want more of what's out there. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: This proposed wetland, or this proposed 640 acres -- MS. MAC'KIE: Yes, sir. COMMISSIONER HALAS: Is that going to be possible that there's going to be some wetlands included in that, because I think that a lot of these people relate to ATVing as going out into Bad Luck Prairie to where they can have fun in the mud, in the water. So this can't be all highlands, it's got to be a combination. And I think the other thing we have to look to address is when those people go out to that area they also use that as a campground too. MS. MAC'KIE: Our intention is to provide a suitable section of land that can be, you can scrape it down, you can pile up hills, you can, you know, develop it however is best for the end users. I would tell you that it's not our intention to give you a pristine piece of land to scrape up into a mud park. It is, however, our intention to give you a disturbed piece of land, like disturbed farmlands, or something. But certainly the intention is that this would be developed for mudders, which is what I've always called them. Page 128 July 29, 2003 COMMISSIONER HALAS: That's exactly where we are going with this. MS. MAC'KIE: Yes, sir. CHAIRMAN HENNING: Ms. Mac'Kie, there's some concerns from residents that used to have the ability in southern Golden Gate Estates to recreate. Is there a possibility that we can, in this MOU, include language to have the ability to do that in the future? MS. MAC'KIE: In southern Golden Gate Estates? CHAIRMAN HENNING: Correct. MS. MAC'KIE: I don't -- I can't say that there is. This will go through the normal process. Post restoration this land will be managed by the Department of Forestry just like other similar projects. That has to go through a process of public hearings where the land management plan is determined, and at that point in time then the public has many opportunities to appear and be heard on what the land management plan should include, and that's where these final uses are determined. CHAIRMAN HENNING: Will those meetings be in Collier County? MS. MAC'KIE: Yes. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: The question, I think, that we need to address here is, how long has this project been evolving through the whole process that we've been doing here? MS. MAC'KIE: This land acquisition project since early '80s, does somebody know if that's right? UNIDENTIFIED SPEAKER: 25 years. MS. MAC'KIE: A1 says 25 years, and I would believe it, that early '80s, late '70's is when this land acquisition project started. And I'll tell you, Commissioner, that, when I sat where you sit, I was very dissatisfied with the way the state had treated people in southern Golden Gate Estates and, in fact, we took a lot of action on behalf of Page 129 July 29, 2003 those people to urge, and successfully urge, the DEP to do better by them. The whole process was scrapped, started over, new appraisals were done, and people were treated fairly, and, suddenly, the land acquisition process went from a trickle to a flood. And now it's almost completely acquired. So there, I think that the long history there has a lot to do with the hard feelings about why should we cooperate with the state, because it has been an unpleasant experience for Collier County-ans (sic) for a great amount of the time. That has bettered, I can't speak for people to say that they are satisfied with it but I can say that I'm positive that it is better than it was. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. Ms. Mac'Kie, you're right, there is a certain amount of distrust out there that has to be overcome to be able to enable us to go forward on this. One of the things you just showed us that I found a little bit disturbing was the restoration map. I'm getting mixed signals all over the place, can you go back to that -- right there. MS. MAC'KIE: That one? Yes, sir. COMMISSIONER COLETTA: That's fine. Not too long ago at a water symposium or whatever it was in Marco Island, the question came up about the restoration that was going to take place and how it was going to raise groundwater levels. So I asked the question that was very much on the minds of many of the people that I represent in District 5 and that's, this restoration, is that going to be one of the reasons that FEMA wants to come through? I know you're shaking your head, no, and that's the answer we get, and Clarence Tears, don't go too far, wherever you are stay close by. But we got -- there's a problem. I was told that -- and this is one of the reasons why the succession of events and the 4 points that I brought up with having the ability to be able to go in -- I was. told there won't be a feedback in the water, that the water flows to the south and the west, and so, Page 130 July 29, 2003 there won't be anything positive happening in the rest of Collier County directly from that, and it won't increase the ground levels in any fashion that's going to affect it, and FEMA confirmed that when I talked to them. MS. MAC'KIE: That is the case. IfI may be so rude as to -- COMMISSIONER COLETTA: Now I'm looking at this map here and I'm seeing something totally different. MS. MAC'KIE: Let me tell you why. The answer to the question is, this map that I'm showing you is dry season. This is when you want water. This is not water that could possibly contribute to flooding because it's dry season water. In the wet season the system is managed so that that water is moved, it is not in any way flooding the northern Estates, it can't under the federal law. COMMISSIONER COLETTA: And I understand that water flows downhill, and I don't know what else I need to know about it, but here I'm seeing the difference between now and in the future, and in the future I'm seeing a wetter Collier County as a result of the restoration. If that's the case, then is there a cause and effect with the FEMA possible flood changes? MS. MAC'KIE: There's not, and maybe Clarence can answer the question better than I. MR. TEARS: No. You'll -- CHAIRMAN HENNING: Your name for the record, please? MR. TEARS: Clarence Tears, Director of Big Cypress Basin, South Florida Water Management. Commissioner Coletta, your question; will this change the flood maps? No. You will get the same level of flood protection, we'll have the same levels during the wet season that we currently have in northern Golden Gate Estates. What this is showing you is, during the dry season when our groundwater levels drop, what we're showing over ten years, in a ten-year period, instead of-- with the increased development going on in the Estates, we're actually able to Page 131 July 29, 2003 maintain or even increase some of the groundwater levels that have been causing overdrainage to the region. This is great for Collier County because what it does, it sustains your cheap water supply into the future, which is continually being degraded. COMMISSIONER COLETTA: I don't disagree with you on that. That's a positive -- MR. TEARS: But it has nothing to do with the flood protection. COMMISSIONER COLETTA: But why is this suddenly entering into the picture when before I was told that the water flows to the west and to the south and has no effect at all. If the groundwater is heavier in the summertime -- MR. TEARS: We're talking surface water-- COMMISSIONER COLETTA: -- it's got to be heavier in the rainy season. CHAIRMAN HENNING: One at a time. MR. TEARS- We're talking surface water and groundwater. During the peak wet season your groundwater is saturated and your surface water and your groundwater levels are about the same. They are almost combined because the ground is saturated. So during the wet season your groundwater levels don't matter, what matters is how the water is managed across the surface, and that's what we are guaranteeing through all of our modeling is to ensure that we provide the same level of flood protection that everybody has in that area now. COMMISSIONER COLETTA: And you've done a wonderful job in the past with it. It's just that I still don't have the answer to my question. The other map previous to that, if you could go back to it. That's now. MS. MAC'KIE: No. That's 2050. COMMISSIONER COLETTA: 2050. MR. TEARS: Based on current conditions, no changes. Page 132 July 29, 2003 COMMISSIONER COLETTA: Oh. Okay. Better understanding. So, in other words, the effect from out there in the areas being restored is not, in itself, going to cause the groundwater to increase in the rest the Collier County. MR. TEARS: No. COMMISSIONER COLETTA: Thank you very much. MS. MAC'KIE: I'm sorry. They warned me, they warned me that perhaps I shouldn't be bringing out brand new information in that it might engender more questions than it answered, but I really wanted you to see that groundwater recharge quantification. So I apologize for the confusion. CHAIRMAN HENNING: Anything else, Commissioner? COMMISSIONER COLETTA: Yes, there is, there are quite a few other things, but I wanted to give everybody a chance to speak. Why don't you go to Commissioner Halas and I'll come back. CHAIRMAN HENNING: Okay. Commissioner Fiala had her hand up -- COMMISSIONER COLETTA: Whoever. I just assumed it was Commissioner Halas waving at you. COMMISSIONER FIALA: I just wanted to reiterate, what's · really important to me as we move forward on this is planning for the future. I think it's our responsibility as County Commissioners. Today is wonderful but we have to plan for our children and our grandchildren to make sure that they have the water, and is this, is this plan going to assure our children and grandchildren in 2050 that they'll have water to drink? MS. MAC'KIE: Absolutely. This is absolutely a positive reassurance, positive recharge to groundwater, to drinking water supply, absolutely. And this map, the recharge area here is where the City's well field is, and near your well field, you know, there is actual -- you don't get many opportunities in public service and government to right a wrong. Draining the southern Estates was a wrong. It Page 133 July 29, 2003 caused a great amount of damage to the system, to the natural system in this community. You've got an opportunity here, as a matter of fact, it is going to be righted. What you have is an opportunity to partner in the righting of the wrong, because it will be restored, it's a question of now, and with you as a partner, or later, having gone to court. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I think we ought to go back and touch just briefly on the, on those two diagrams that you brought up. That one right there. MS. MAC'KIE: Yes, sir. COMMISSIONER HALAS: Thank you. I think we want to make sure that we have a full understanding of what we're talking about. Groundwater here, this is not water that's laying on top of the ground, this is water that's going to be into the aquifers. MS. MAC'KIE: Aquifer. COMMISSIONER HALAS: And I think we have to make that a very clear statement because somebody is going to relate to this as being floodplain or something of this nature and this is not -- MS. MAC'KIE: It is not. COMMISSIONER HALAS: -- what this is intended to do. I think we have a great opportunity here. I would hope that we could partner up with the state and with the federal government, and hopefully that we could gain some access rights in case that we need to have a well field in that, in that area. And the reason I say that is, we as County Commissioners realize that we have a serious problem that lies before us and that is, we have continuing growth, and it's going to continue that way because of the fact that a lot of the baby boomers that are going to be retiring want to come to South Florida, and when I say South Florida, that, basically, is an imaginary line from Tampa all the way down. And we realize that we are going to have a serious water crisis if we Page 134 July 29, 2003 don't address this. So, I guess what I'm asking, is there a possibility that we could work out some type of an arrangement with you so that, in case we did need to put some well fields in there they would be next to the roads that will be open, so that we wouldn't tear up the environment, wouldn't be involved in any disenfranchisement of the environment. I think that would be an important thing if we could have you to help us out in this manner. And just so that we have something in reserve in the future if it needs to be. MS. MAC'KIE: As much as I would like the answer to that question to be, yes we can make that promise today, I cannot. The reason is it's such a delicate balance, if we think this ecosystem is a delicate tightrope to walk to try to restore it -- COMMISSIONER HALAS: I realize that. MS. MAC'KIE: -- it pales in comparison, frankly, to the delicate balance that's been struck between the state and the federal government on carefully keeping the 50 percent funding match from the federal government. For the first time in history the governor of a state and the President of the United States have signed an agreement -- there's a letter signed by the two Bush brothers that says, we cannot promise water from Everglades restoration, we cannot until we have restored and ensured that the systems function appropriately. That's the way we get the 50 percent match of federal money. COMMISSIONER HALAS: Is there something we could put in there that would be for future negotiation? Once we establish that water flow, could that be, could we look into that, could we leave that option open, that door open? MS. MAC'KIE- We can certainly, absolutely. I'll say this too, that in most of the other areas of the district where I travel with these kinds of issues, there are local governments that expect there's going to be new water, because Everglades restoration isn't about Page 135 July 29, 2003 increasing the number of users, it's about increasing the size of the water pie. We're actually making more water, there will actually be, in the dry season, more water available than there was previously. After the system takes what it needs, most of the local governments, most of the utilities believe there's going to be some water available for them. And I believe that to be the case. But this delicate, delicate, delicate balance with the federal government is not in the business of providing money for water supply for growth and development. They will not give us a nickel if that's what we're going it spend it on. So we cannot even hint at promises. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Well, then, let's represent this correctly. This is all about environment -- MS. MAC'KIE: Yes, sir. CHAIRMAN HENNING: -- it is not about the people's needs. MS. MAC'KIE: Except to the extent -- (Applause.) CHAIRMAN HENNING: And there's nothing wrong with the MS. MAC'KIE: No. CHAIRMAN HENNING: -- doing good for the environment. just want to represent this correctly, because otherwise the state can authorize us to stick some straws in there. MS. MAC'KIE: That -- with regard to the availability of water to drink I would agree with your statement. I have to disagree, though, that there is, somehow it's mutually exclusive. I live here, I know how I chose Southwest Florida, and it has to do with the environment and how beautiful it is, and how accessible and how close it is. And, if you think I think that our property values are as high and our tax rate is as low as it is because of the accessibility of this beautiful environment that we have, to the extent that we Page 136 July 29, 2003 increase that, 55,000 acres of new restored wetlands, that's a positive for Collier County, that's a positive for the people of Collier County. CHAIRMAN HENNING: And we have 75 percent of that presently in the County. Commissioner Coyle, do you have any questions? COMMISSIONER COYLE: One question remains and that is access to the area. It's my presumption that people will continue to live in the area for some time and I know that they are concerned about how they get to and from their homes and their property. What assurances do we have that they will have roads that are passable to and from their property? MS. MAC'KIE: Commissioner, I'm going to ask Janet Starnes who is the southern project manager to answer that question more specifically than I could. There is a map that's on the screen, if you could see it, but we'll try to describe the answer. COMMISSIONER COYLE: Okay. Thank you. MS. STARNES: My name is Janet Starnes. I'm with the South Florida Water Management District. There's currently a draft Road Plan available that would be incorporated into the Division of Forestry's management plan at such time as they go forward with that management plan. But the current intent is to maintain above grade, so that you don't have flooding problems, above grade, the main, the key roads that are currently used as access roads for all homeowners in the Belle Glade (sic) area. There will be in no, in no way, shape or form do we intend to limit or cut off their access. They will have access 24/7 just like they do today. For those folks that live just west of southern Golden Gate but south of 1-75, the access will not change in any way, shape or form. COMMISSIONER COYLE: And that's going to be specified in the Memorandum of Understanding, right? MS. STARNES: It's not currently. The Road Plan is in, is an exhibit to the Memorandum of Understanding, yes. Page 137 July 29, 2003 COMMISSIONER COYLE: Could we have language that clearly specifies 24/7 access and above ground grade, above flood level grade? MS. MAC'KIE: I'm not sure we could do that because this is, this -- because different people mean different things by "above grade". What we can tell you is, the roads that are shown in red, that are attached to the Memorandum of Understanding, will be above grade. And will be, in all likelihood, limestone. They are mostly the asphalt roads today. So mostly the asphalt roads are going to become above grade limestone. We presume. The roads that are currently limestoned are going to be scraped down to grade so, in the dry season they will be very passable, in the wet season they will be very unpassable. But that is so much the nature of the restoration project, I mean, that's the purpose, Commissioner Coyle, of the restoration project is to restore those flows. If you could see this map, though, you would see that on the west side there are several little stub roads that will always and forever provide access to residents in Belle Glade. COMMISSIONER HALAS: Belle Glade? MS. STARNES: I'm sorry. Belle Meade. CHAIRMAN HENNING: Commissioner Coyle -- I would ask the audience to please, they will have time to speak, if you will hold your comments to then I would appreciate it. But if I could expound upon your concerns, the issue would be legal access versus historical access. What we want in this MOU is historical access to this property, because there are some properties down there that their legal access was Sabal Palm Road. And we want to -- we want them to be able to use the roads that they have historically had to get to their property. MS. MAC'KIE: No change in Sabal Palm. CHAIRMAN HENNING: Pardon me? MS. MAC'KIE: No change. Come up here and say. You guys Page 138 July 29, 2003 know better than me so instead of me repeating I'll let them tell you. MR. TEARS: Sabal Palm will be open to Miller Boulevard. That was part of the discussions originally, that's why we extended that road, because of all the issues raised in previous meetings with adjacent property owners. CHAIRMAN HENNING: Commissioner Coyle, are you happy with what I stated, what we wanted? COMMISSIONER COYLE: ! think I am, Commissioner Henning. My concern is one that -- Pam Mac'Kie stated earlier that there is some lingering suspicion about what is going to happen among the residents, and there is always a great deal of suspicion about what the government has in mind when it starts playing around with private property. And anything we can do to remove that suspicion and give people some comfort that they actually have the legal right to get access to their property, and it's not going to be deprived, they are not going to be deprived of that. So whatever we can do to achieve that goal would make me feel a lot better and I have a feeling it would make many of the residents feel a lot better, too. CHAIRMAN HENNING: Okay. MS. MAC'KIE: Mr. Chairman, what I-- as you have learned about me in this process, I am a very poor poker player. I have not held back a card, I don't have something else to put on the table. What -- by attaching what is a draft Road Plan -- CHAIRMAN HENNING: And I asked your husband that, if he had any insight of whether -- if you had anything in your hip pocket MS. MAC'KIE: Nope. No scoop. I mean, there's just everything, because this is one of those times where we are trying to partner, we're not trying to cut the best deal, we are a trying to partner. And that, by putting this Road Plan as a part of this MOU, just so you know, I have stretched to the point that, Division of Page 13 9 July 29, 2003 Forestry can't tell me today that this is the Road Plan they are going to adopt, I'm binding the Water Management District to this Road Plan, even if they adopt something differently. We have stretched, stretched, stretched. This is as far as that issue can be stretched, as it is today. CHAIRMAN HENNING: Okay. Before I go to Commissioner Fiala and then Commissioner Halas, we have some public speakers? MS. FILSON: We have 19. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: Just a fast one. You were saying you were going to keep these roads open, you were mentioning Sabal Palm in particular. For how long? MS. MAC'KIE: Forever. COMMISSIONER FIALA: Forever. (Brief discussion off the record.) MS. DERWATER: I'm Sandy Derwater (phonetic), Division of Water -- I just, Sabal Palm, part of it is a private road, so -- COMMISSIONER FIALA: So the private road will still stay open. MS. DERWATER: Yes. It's just that we wouldn't have an effect on that. MS. MAC'KIE: I understand what you're saying now, I'm sorry. COMMISSIONER HALAS: Mr. Chairman, the other question I have on the road out there, I see by the diagram here that we are going to be able to access Jane's Scenic Drive. MS. MAC'KIE: Yes, sir. COMMISSIONER HALAS: Is Jane's Scenic Drive, that road going to be open, or is that going to be underwater? MS. MAC'KIE: There will be times when it's underwater. Just like today, just like today. COMMISSIONER HALAS: It's underwater today? MS. MAC'KIE: No. Just like, some of the time it is underwater Page 140 July 29, 2003 in the very wet season. COMMISSIONER HALAS: Are you going to issue some information so that if people want to take that drive and it's in a dry season they will be able to access Jane's Scenic Drive? MS. MAC'KIE: That is in the Fakahatchee Preserve, and there's a management plan, and the management plan itself would define that. Nothing would change. MR. MUDD: But in your diagram, on exhibit C, Commissioner -- this is Jim Mudd, for the record -- it connects Stewart, which is that road at the bottom. Can you see the little squiggle? That little squiggle off to the side is the continuance of Jane's Scenic Route (sic). CHAIRMAN HENNING: County Attorney Ramiro Manalich. MR. MANALICH: Thank you, Mr. Chairman. While we're on this topic, before we return to the speakers, I'd just like to ask a question, which is, it seems from the discussion it's important to the Board to have some assurances of access for these private property owners. I notice the document has the word "draft" on it. Maybe Ms. Mac'Kie could explain what assurance we would have that these representations in this diagram will be relatively the same from this point on without great change. MS. MAC'KIE: We can strike the word "draft" today. This is "draft" because it is the Division of Forestry's draft plan, but we, as I said, are stretching to the point of making that commitment, but as the Water Management District, today. MR. MANALICH: It just seemed to me that the word "draft" is rather conditional. MS. MAC'KIE: We may -- you can strike the word "draft". MR. MANALICH: Thank you. CHAIRMAN HENNING: Thank you. MS. MAC'KIE: This is the minimum roads that will be -- CHAIRMAN HENNING: You have to get a permit from Page 141 July 29, 2003 Collier County Transportation if you want to have roads. We have 19 public speakers, and I would ask the speakers, because of the amount of speakers, that we limit it to three minutes. I would appreciate your comments, and I welcome your comments, and I hope that you would respect the other speakers' comments as they come up. So, at this time I ask Sue Filson to call up the public speakers, the first one and the second, call the second one. And if the second public speaker would stand behind the speaker before them we would appreciate it, thank you. MS. FILSON: The first speaker is Franklin Adams. He will be fOllowed by Jim Kalvin. MR. ADAMS: Good afternoon, Commissioners. My name is Franklin Adams and I represent the Florida Wildlife Federation, the Board of Directors for this particular area of the State of Florida. The Florida Wildlife Federation has been a long time advocate of the acquisition and restoration of south Golden Gate Estates. We have, this goes back to the time when Lawton Childs was Governor of the State of Florida. I knew that area before any roads or canals were put in there. I have lived in south Florida all my life. It doesn't look anything like it looked back, you know, in the late 1950s, there are places in there that I go to today and I couldn't tell you what was there before, but there were pond apple swamps that were real wet and now the vegetation is entirely different. The water that went south to the coast, the estuaries has been cut off. Restoration in this area would have some benefits to the estuaries, I'm quite sure. It certainly would serve to recharge the area. The Federation is made up of people that not only advocate for protecting the environment, restoring areas, but we're a group of Page 142 July 29, 2003 people that actually gets out, get on the ground, and uses these areas. We like to hunt, fish, camp, canoe. We have a lot of members around the state that enjoy these activities. I would urge the Commissioners as well as Water Management District and Department of Forestry to be ever mindful of the public's need to use and recreate in this area. We have lost an awful lot of areas in south Florida to public use. They are heavily restricted. I think we can understand from the conversation today, this is not a pristine area; it's highly impacted, full of roads, full of canals, totally changed from what it was historically. But it's utilized by a lot of people and the Federation would like to see people included in the plan, in the picture, continue to use the area in a responsible manner, and -- you know a lot of people here don't play golf, or they can't afford to play golf, this is the place they go to enjoy and recreate. And we'd just like to ask you to keep that in mind in signing any agreements. Thank you. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Mr. Adams, you have had a lot of experience and you have been quite involved in just about everything that's happened out in that area. Do you personally feel, forget the Federation for a minute, do you personally feel this thing here is going to meet the needs of the people that recreate out there as well as the needs of the environment? MR. ADAMS: Well, I would agree that you need to move the activity that presently occurs in Bad Luck Prairie to some other area, that's not an appropriate area for it, but those people need a place to go and do what they enjoy doing with their family and their children. But, there are also people that go there that want to, you know, have some type of limited hunting, they want to have a way to access the area, they want to be able to camp, they would like to still go to the Big T, if they could, with their children. I think that, over the years when I talk to people and support this, I said look, what I just said Page 143 July 29, 2003 earlier, it's highly impacted, it's not pristine, it, I think it's a great place for the residents of Collier County to be able a recreate and enjoy in a responsible manner. The people have to be included in the restoration plan. COMMISSIONER COLETTA: Do you feel that we have enough assurances from what we have here today to give up the roads and be able to trust the state, the Forestry and everyone else in Water Management on through to give us these rights? I'm sorry, I have to ask the question, sir, and you are my expert. MR. ADAMS: That's beyond my expertise, but I think, yes, in order to do the restoration the roads need to be vacated, but the public, you have to have guarantees the public is going to use this, not one day out of the year, or not one weekend, but they are going to be able to go in there and enjoy it. And it has to be addressed through the recreation facilities. COMMISSIONER COLETTA: So you think a little more emphasis than what it is to address that part of it? MR. ADAMS: Yes. COMMISSIONER COLETTA: Thank you so much for your help on this. (Applause.) MS. FILSON: The next speaker is Jim Kalvin. He will be followed by Nancy Payton. MR. KALVIN: My name is Jim Kalvin. I'm speaking today as an individual. I do not own property in Picayune Strand, but my family recreates there all year round. Mosquitoes don't bother the locals. There's been a misconception and a misrepresentation, I think, or a generalization about ATV use. Everybody hears ATV and they think of a nitrous powered buzz saw going through the sawgrass ripping up berms and throwing rooster tails. There's a wide majority of the people that use that area who do Page 144 July 29, 2003 so in a passive manner on their ATVs, and I want to know, I would like for the County Commissioners, please, to ensure that this is' written into the plan, that we're still going to be able to go out there and do that. Folks, we're out of area. There is nowhere else in Collier County or Lee County, for that matter, that we can go with the family and camp, except for a KOA campground. Now, this has been part of our heritage, and people went out to Picayune Strand and Bad Luck Prairie long before those roads were ever built, as we just heard. If they tear these roads out, that's not going to stop a lot of us if we have the legal ability to get out there and enjoy the resources. Please don't criminalize, or write into the agreement that you're not going to criminalize traditional activities. You're our only hope. The Governor only hears three things, he hears information three ways. When I was in Tallahassee on another matter with the Governor and Cabinet, he voted to go ahead with this acquisition. Twenty-five years ago, that's when all this acquisition started, but back then they only did it for willing sellers. Oh, we are not going to force anybody to sell their land. Well, 25 years later here's where we are. The Governor and Cabinet has voted on that, and I cried sitting there in the Chambers. I was there defending my livelihood against the lawsuits brought about by the Wildlife Federation and friends so that maybe I can continue to make a living for my family. I didn't know I had to be up there to defend my rights of recreation, as well. They need to hear information from our elected representatives, which starts with you folks here in the County Commission, or they hear it from the paid environmental lobbyists who are there every single day, they are paid to be there, or they hear it from grass roots people who all of these folks and myself took a day off of work to come in and address you all. And we can't take any more days off Page 145 July 29, 2003 work. We've got county meetings, city meetings, state meetings, federal meetings, all these meetings to try to keep our access to the public lands, and any more, public lands is typified by a chain link fence. Please don't let that happen to the south blocks. And please don't let them give us 640 acres of mudded up berms and call that access to the outdoors for ATV enthusiasts. It means a lot to our community, it means a lot to my family and it means a lot to all of the folks who voted you all into office. Please, we ask you to guard our access and make sure it's in writing. Because I have no credibility with anybody who comes up to me and says, I'm from the government and we're here to help you, with the exception of you folks. Thank you very much. (Applause.) MS. FILSON: The next speaker is Nancy Payton and she will be followed by Nicole Ryan. MS. PAYTON: Good afternoon. Nancy Payton, representing the Florida Wildlife Federation, and we urge you to sign the Memorandum of Understanding initiating the southern Golden Gate Estates road system vacation process. We do offer several comments on the MOU, Memorandum of Understanding, and they have primarily to do with the Comprehensive Plan and making it consistent with the Comprehensive Plan. First, regarding the secondary canal system, we raise the issue of the County's Comprehensive Plan drainage subelement and the level of service requirements. Who will be responsible for maintaining those levels of services for the secondary canal system, specifically, when the Big Cypress Basin takes over this responsibility as suggested by the MOU? Is it the County or the Big Cypress Basin? Also, there are levels of service amendments to the Page 146 July 29, 2003 plan that may be necessary for southern Golden Gate Estates once it's restored. Regarding the AV (sic) park, and I'm getting a little confused, quite frankly, whether this is a park for ATV users or a park for those folks that go to Bad Luck Prairie and play in the mud, because I think we are talking about two different types of activities, or I wish it would be clarified, so I ask that. An active park similar to what goes on in Bad Luck Prairie is not an activity that we think that is allowed in the Comprehensive Plan on Natural Resource Protection Areas, public conservation lands, or lands designated conservation sending or stewardship on our future land use map. In fact, we are confident that this type of use that is a very active mudder type park is not allowed on sending NRPA and conservation lands. We have shared with the Division of Forestry our concerns about the park being located within conservation lands or using conservation lands, and potential problems with, conflicts with the purpose those lands were purchased. We've also raised the issue of panther habitat and incompatible use with panthers. We do not support wells in southern Golden Gate Estates. The water that flows in there, stays there or falls on it is just nature's, and that's something that is a result of the federal monies that have come in. We do ask that the County consider amendments to the Comp. Plan, including the future land use map that designates southern Golden Gate Estates as conservation lands. It's not currently designated that on the future land use map. And finally, we pledge to continue to work with the state, the Big Cypress Basin, Collier County and all other interested parties on locating the ATV park, resolving this issue of a mudding area, working on the restoration plan, and developing a management plan Page 147 July 29, 2003 that insures nature-based recreation, the recreational activities that Mr. Adams mentioned that are compatible with southern Golden Gate Estates restoration goals. Thank you. MS. FILSON: The next speaker is Nicole Ryan. She will be followed by Frank Denninger. CHAIRMAN HENNING: Before Nicole says anything, I just have a clarification for the County Manager or staff. As I remember the Golden Gate, or the growth Management Plan, the only reference to southern Golden Gate Estates is within the Golden Gate Area Master Plan, it is not within the rural fringe amendments or the eastern lands, am I correct? MR. MUDD: Yes, sir. CHAIRMAN HENNING: Thank you. Miss Ryan. MS. RYAN: Good afternoon. For the record, Nicole Ryan here on behalf of the Conservancy of Southwest Florida. The Conservancy urges you to support and sign on to this Memorandum of Understanding as it's been presented today. The restoration of southern golden Gate Estates truly is a landmark project. It's going to be the first Everglades restoration project to be completed, and all eyes are going to be on us, watching us. It's very telling that the first Everglades restoration project is in Southwest Florida. That's very important. The Conservancy believes that the MOU that's presented to you today is going to provide benefits in addition to the numerous benefits from the restoration itself. $20 million over the next 20 years through the Big Cypress Basin for the canal projects will ensure that necessary canal projects are being done in a timely manner. That might not happen without this MOU being signed. As a process moves forward, if you do indeed sign on to the MOU, the Conservancy asks that the County add specific language to any future written agreement that specifies where the section of land Page 148 July 29, 2003 for ATV and recreational use should be located and, more importantly, shouldn't be located. As Nancy stated, we do not believe that this land should be environmentally sensitive land. We're also concerned that if the land is contiguous to any conservation lands there could be a spilling over effect from the recreational to the conservation lands, and that's a concern. And we also ask that if the section of land is within the rural fringe, or the rural land area, that it's in receiving, not sending. Collier County continues to be extremely fortunate in the funding that comes from the state and federal agencies for environmental projects. At the state level, the budget is becoming tighter and tighter each year, and the environmental trust funds continue to be rated. We believe that the important relationship that we have with the State of Florida needs to be maintained. We believe that this MOU will help in that process. And we ask you to support it today. Thank you. MS. FILSON: Next speaker is Frank Denninger. He will be followed by Cindy Kemp. MR. DENN1NGER: I don't have quite as sophisticated as what other people had, but this is just kind of a basic concept I tried to conceive of how this project works. We're eastbound on 75, and the homes are here and the trees are to the south. CHAIRMAN HENNING: Sir, you have to use the mike on the comer, right behind you. MR. MUDD: Right behind you, that's it. MR. DENNINGER: I just haven't figured out how we're going to control no water from backing up higher than should be into the yellow zone, which would be under the northern area north ofi-75. It seems a bit impossible. I don't think -- the physical property of water is that it seeks its own level no matter what, unless, which I Page 149 July 29, 2003 thought the Corps, dropped, we put big pumps here to keep that water down in that area. But, in any case, I hope for you all to be the courageous and brave Commission that you have been in the past, I believe, and hopefully that courageousness and braveness could actually be contagious to other counties and cities. Because, as you have been pretty well made aware of here, there aren't a lot of physical benefits for human beings anywhere in this project. Or, if you read CERP documents, anywhere else in CERP, most of this is to benefit Everglades National Park, period, and estuaries within that park. And, I hope -- I don't know if the County has thought about the fiscal impacts of what 65,000 acres of potential increases in mosquitoes, I mean, it seems like a small point, but just last night on the news in Miami they talked about malaria's being carried by mosquitoes, they've got validated cases now, you've got encephalitis, and West Nile virus in the blood supply in Dade and Broward, already, in blood banks, has been spotted. There may be, and I remember, like Franklin, he's got a few years on me, but I used to run, walk in that area that we are going to reflood and reswampify, and you've never seen mosquitoes like there will be once that land is rehydrated. And that's okay if that's what everybody wants, but there may be a fiscal impact. And, I just would hope, due to the lack of any commitments or firm statements here today that I've seen with regard to recreation, access, or anything that people, you know, people want and need, because they need it for their psyche and their culture, and their heritage, and we're all proud of it. And there hasn't been any affirmative statements of what will actually happen, and due to that fact there probably isn't a big reason in my mind to sign the MOU. And also in the MOU, it doesn't say the County has the power to pick the place. You only have the power to reject it, and it shall be suitable for recreational purposes, which doesn't give you that Page 150 July 29, 2003 authority, someone else has it. So be aware. MS. FILSON: The next speaker is -- MR. DENNINGER: Thank you. CHAIRMAN HENNING: That was Frank Denninger, for the record. MS. FILSON: The next speaker is Cindy Kemp. She will be followed by Karol Montalto. MS. KEMP: Good afternoon. Cindy Kemp. Commissioners, please keep the roads in Collier County in our ownership to protect the property rights of your constituents. U.S. Code, revised, Statute 2477, states, "The right of way for the construction of highways across public lands not otherwise reserved for public purposes is hereby by granted." Congress saw fit to protect our access, please do not give it away. Commissioners, could this law be challenged by a decision that you make? If the right of way of the roads were relinquished, the next logical conclusion one would draw would be stricter regulations by bureaucrats and environmentalists resulting in the eventual banning of the public. Do you want to be the commission held responsible for keeping the public out? Have you considered that we have taxation without representation by decisions that the South Florida Water Management implements, since their Board is appointed rather than elected. Do you see why the public is putting so much faith in you, our Commission, to protect our rights? As stated by Brian McMahon of the Florida Outdoor Alliance, there are no plans for ATVs in the Picayune. Being on that Board, even Brian cannot get a straight answer. It seems quite obvious that South Florida Water Management is trying to circumvent the NEPA process because they know it would delay and upset their plans. Are my Commissioners going to allow such an important public tool be sidestepped? Page 151 July 29, 2003 The matter of possible flooding into northern Golden Gate Estates and the coincidental timing and map grid of the FEMA map leave people very skeptical how they will be impacted, since history has not been very pretty for the average Joe. Haste makes waste. Doesn't it seem more prudent not to rush into a decision and to answer these questions that have so much at stake? Please take into consideration the jeopardizing of public safety for evacuation routes and emergency services. Marco Islanders and anyone in the south blocks are being put at risk. It's very sad to hear the stories of those who have loved-- lost loved ones because of lost time of getting aid due to poor road conditions. Imagine one of your own in a similar situation. Please also consider Jesse Hardy, who lives in this area, and who the Governor just recently seemed to be protecting by not implementing eminent domain. Is life meant to get harder, more difficult for him because he demanded his rights and has gotten countrywide support for his property rights? Realize that the promoters of this land giveaway and takeover are being done by environmental groups that are enriching their coffers with similar deals. Did you know, presently, that the Nature Conservancy is being investigated by Congress for their land acquisition practices and are known as the government realtors? I have provided articles for you in the past and I have more. And my final comment is, after you make your decision about the roads, and you look into the mirror, ask yourself, have I protected the rights of my constituents, or am I responsible for them losing their rights. (Applause.) MS. FILSON: The next speaker is Karol Montalto. She will be followed by Pat Humphries. MS. MONTALTO: Hi. My name is Karol Montalto and thanks for giving me this moment to speak with you. Page 152 July 29, 2003 I would just like to make an appeal. I know we would have a lot more people here if we could make some night meetings. I'm currently away from work and I've got all of my stuff because I've got to run back. I've got to make up this time, I'm not a paid participant in any of this. I'm just here. I don't own land in south Golden Gate Estates, I'm right on the edge of that water, where they are trying to build it up. You know, the other day I was watching the repeat of the last meeting that you all had, and it was very interesting. Commissioner Coyle made a comment at the end of it that he had seen a lot of endangered species here that day. Now, whether he's being facetious or honest, I have to say honesty is pretty well close to the facts. If you look at the Endangered Species Act you can see that people who have lived in Golden Gate Estates, in the southern area, do qualify for that. They've lost their habitat, there is a diminished population down there, their corridors are being jeopardized, soon they will have no place to go. I mean, can't we be protected by the Endangered Species Act if we meet all of the qualifications? (Applause.) MS. MONTALTO: On a serious note, though, I do ask. You are our representatives, please, don't be badgered, don't be threatened. I've read so many articles in the last few weeks that, well, you don't play well with others, if you don't play now it's going to happen anyway, so you might as well do what we want you to do now. Well, it doesn't necessarily have to happen in those ways, but -- yes, Everglades restoration, it's a noble cause, it's a good reason to have it done. I see the map, I understand water is precious. We have to protect it. But people are precious and they need to be protected too, and you are our defenders. And I just ask that you keep that in mind, please, when you go over this tonight. Make your decision today, and any future events that you Page 153 July 29, 2003 have to take up on this. Thank you. (Applause.) MS. FILSON: The next speaker is Pat Humphries, and she will be followed by Brian McMahon. MS. HUMPHRIES: Good afternoon. My name is Pat Humphries. I live in Golden Gate Estates. I'm speaking for myself today. I have been watching the southern Golden Gate Estates restoration project evolve since I moved to Golden Gate Estates over 10 years ago. By reading the papers, attending meetings and accessing the Intemet I kept myself up to date on the progress. From the very start 3 things were emphasized over and over again to make this project more acceptable to the reluctant landowners/residents of Collier County. This land would be restored to its original state and would not be developed, it would create an additional source of drinking water for all of the residents of Collier County, and it would be accessible to the public for recreation, including fishing, boating, hiking, bike riding, horseback riding, and camping. Now we hear no water supplies for local government because of the federal government's participation in the project. Why are we just finding this out now? And what will the federal government do with this water? Sell it to the highest bidder for privatization? If you recall, this was tried not too long ago by a subsidiary of ENRON. The subject of recreation in the Picayune Strand forest is being addressed in such a vague manner it can't help but arouse suspicion. Why can't we see more specifics? I don't mean lip service, I mean documented in writing, when, where, what and how are we going to access these recreational services, as well as Jane's Scenic Drive. We want to know now before the project starts. The Southwest Florida Water Management addresses these questions with, not now, maybe later, probably, but we don't know, Page 154 July 29, 2003 it's not a question of if, it's a question of when. Why don't they know? They have been working on it for 20 years. They also tell us we should be grateful. For what? They act like they are paying for this project. They seem to have forgotten that the taxpayers are paying for this land and this project. The plan, which started out as an innovative idea to replenish water supplies for Collier County, healthy environment, and afford recreation for its residents, has turned into the private domain of a select few. Thank you. (Applause.) MS. FILSON: The next speaker it Brian McMahon. He will be followed by Robert Kohler. MR. MCMAHON: My name is Brian McMahon. I'm going to ask the Commissioners to, please, at least postpone initialing off on this Memorandum of Understanding. I have never, with the exception of the Defense Department, seen a government project where they are so afraid to show the end result. Every question that is asked is, I don't know, it's somebody else's responsibility to develop this. I had a conversation with Mr. Tears last week. I asked him why it is that they are not up here showing us what the end result is, the recreational plan. Why is it the government doesn't have, this is where there is going to be camping, this is wildlife habitat. And what is your answer, Mr. Tears? Why do we not have a recreational plan involved with this thing? MS. MAC'KIE: See if the chairman agrees you can go up -- CHAIRMAN HENNING: It's his three minutes. MR. MCMAHON: My three minutes? MR. TEARS: Basically, we are doing the restoration as part of the original plan with the Corps of Engineers, and once the restoration is completed, the Division of Forestry finalizes their management plan. Page 155 July 29, 2003 MR. MCMAHON: Why don't you have the complete plan is what I would like to see. But the reason you don't want to do a complete plan is because of the law she is talking about, is the National Environmental Protection Act, is it not? MR. TEARS: We're doing a National Environmental Protection Act -- MR. MCMAHON: Is the reason you do not have a recreational plan because of the National Environmental Protection Act? CHAIRMAN HENNING: Mr. McMahon, Mr. McMahon, please. MR. TEARS: I'm trying to answer your question. MR. MCMAHON: Okay. MR. TEARS: We're using the NEPA process to do the restoration first, and after the restoration is completed, the Division of Forestry will use the NEPA process for their management plan. MR. MCMAHON: I think it would be much more palatable to the public to come in here next week, next month, or next year and show us -- have Forestry develop their plan -- and show everyone what it's going to look like, okay. When they designed the space shuttle, ten years before they had at least a picture of it. Every government project always can tell the people what they're going to get. You guys can't even tell us whether the roads are going to be open. Miss Mac'Kie, you were quoted in the newspaper as saying the roads will be open 24 hours, 24/7, excuse me, during daylight hours, okay. 24/7 during daylight hours. But this is up to Forestry to develop this management plan, and then you go on and say, there is a question of access but what -- there is not -- or a question of access but what it will be. Can you please explain to me what that means? Are the roads open all night, during the day, whose roads, what roads? That was an actual quote in the Golden Gate Gazette, so apparently you said that. Page 156 July 29, 2003 CHAIRMAN HENNING: Wait a minute. Ms. Mac'Kie doesn't control what is written in the media. MR. MCMAHON: Okay. Maybe she was misquoted, but at the previous meeting you made the same reference to being open 24/7, during the day. I still don't understand that. I'm glad you're not running a convenience store. CHAIRMAN HENNING: That's enough. You know, we are all ladies and gentlemen here. MR. MCMAHON: Right. I understand that. CHAIRMAN HENNING: I would appreciate it if you would respect other-- MR. MCMAHON: I apologize to her. I really do. CHAIRMAN HENNING: Thank you. MS. MAC'KIE: I thought it was funny. MR. MCMAHON: Ami done? Okay. I would be very careful in accepting a piece of paper for 640 acres. May be sure that there is a cash buyout at the end of it, if you do not get the lands. The agreement specifically says, "suitable lands". I don't necessarily believe you are going to find one square mile of suitable land that will not be declared panther habitat. Thank you very much. (Applause.) MS. FILSON: The next speaker is Robert Kohler. He will be followed by Hank Graham. MR. KOHLER: Thank you for hearing me. My name is Robert Kohler. I'm a homeowner in northern Golden Gate Estates. I'm also a business owner in Collier County. My business is called ATVs Only. You were asked what benefits there were going to be monetarily to the County with this project. I can tell you what benefits there are not going to be. Businesses such as my own, Cypress Cycle, Power Sports, Cycle Sales of Golden Gate out there, we are companies that Page 157 July 29, 2003 rely on the ATV industry in this town, and there is no other place to recreate. 640 acres is approximately a sixth of what they have at the Croom (phonetic). The Croom is completely overrun with people. You pack us into a small area such as that and it will be very inadequate. Along with that they haven't said, you will get this, it is, if we can find a place for it you'll get this. 640 acres is not going to get the job done. People such as myself with a business, if you say I am going to have 640 acres to, people are going to go to, and that is going to be what I draw my business from, I'm not going to have a business. I'm going to be left with packing up all of my stuff, selling my house in Collier County and moving somewhere else where I can make a living for myself. ATVs is all I know. Going out in the woods and sharing it with my family is very important to me. I have a child that I look forward to taking out and they are telling me, well they are not telling me anything, they are telling me, possibly in the future this could be an available place for you to go out to, but we won't say here now this is going to be for you. You people have a leveraging tool. They want our roads, they want the access, and you will slow down their plans if you don't give it to them. It is up to you to help the people in Collier County maintain our access rights to this area. It is very important to all of us. Thank you for hearing me. (Applause.) CHAIRMAN HENNING: Before the next speaker, just a question. What is your sales for last year? MR. KOHLER: My sales last year, I believe, were in the neighborhood of a $120,000. CHAIRMAN HENNING: 120 -- No, ATV vehicles, four wheel drive. Page 158 July 29, 2003 MR. KOHLER: I do not sell, I repair. CHAIRMAN HENNING: Okay. MS. FILSON: The next speaker is Hank Graham. He will be followed by Mike Sorrell. MR. GRAHAM: My name is Hank Graham. I'm the District Manager with the Division of Forestry. I work out of Fort Myers. I'm responsible for Lee, Collier and Hendry Counties. I've heard a lot of comments today from the public, a lot of concerns. We are the state agency responsible for managing this parcel of land. Many years ago when this came to my attention, it was a CARL purchase, I emphasized my, or expressed my desire to help manage this land, the Division of Forestry to help manage this land because I felt the need for an agency like Division of Forestry to get involved down here. The Division of Forestry as an agency believes in compatible public use. And that is something that we do strongly believe in. You can see that across the state in our state forests throughout Florida. This is something we believe very strongly as an agency, down to an individual. Currently we have a five year management plan in place. It's expired, it's in its seventh year. We need to rewrite the next five year plan. Currently, we have all kinds of recreational opportunities out there. Again, not to the degree that some of the public would desire, but within our capabilities and the oversight that we are scrutinized and are subject to. We have 22 miles of horse trails which didn't exist prior to. Camping, again, not to the degree that the public would like but we're working on it to increase that. Three miles, over 3 miles of hiking trails. We have a wildlife management area that the game commissioner of Florida Fish and Wildlife Service designated just recently. We're trying to get them to designate the south Golden Gate Estates tract as a wildlife management area as well. There's Page 159 July 29, 2003 fishing that exists in all of the canals, in the ponds. State forests is open to foot traffic year-round. We're looking to evaluate and possibly develop, if it makes it through the plans, an off-road vehicle area. We're looking to develop a gun range in the future. We currently sell forest products, palm fronds, pine trees, a salvage sale we held out there bringing in money to the County. Any revenues we generate, a portion of that goes right to the County, actually it's the School Board that receives those funds. Again, we are subject to as much as we want the public to recreate out there, it must be compatible with the goals and objectives that Ms. Mac'Kie stated earlier. And we're subject to those as well, and all of the scrutiny from the various agencies, the federal government, conservation and environmental groups, as well as the general public. We have a process. When we develop the next five year plan we will have a process in place where we gather input from the public. Commissioner Coletta, you sat on the committee in Hendry County. We'll have a similar committee here which one of the Commissioners will be invited to as well as the other public, to have a real role in the development of the plan. Again, we want to please the public, we're not, I know right now we won't be able to meet all of the public's needs because of all of the environmental and federal hoops and such we must jump through. Again, the land was purchased for specific reasons and we must stay within those guidelines or those boundaries in any of the uses we come up with or recommend. And again, it's a recommendation process. We'll make the recommendation and then it goes, ultimately, up to the state ARC committee, which is Acquisition and Restoration Commission, Counsel, whatever, and it's made up of some public members as well as state agencies represented, they ultimately vote on the management plan. Page 160 July 29, 2003 But let's get through our local process first. But we are trying to meet the needs of the public, the road plan that Ms. Mac'Kie put up, that was our road plan, that was the road plan we've been pushing for better than half a dozen years, trying to push that. And the reason it said "draft" on there is because we were never sure if it was going to be part of the plan. It is now part of plan and that's the road plan that we came up with. The uses out there, again, we believe very strongly in that-- CHAIRMAN HENNING: MR. GRAHAM: Sure. CHAIRMAN HENNING: I have to ask you to wrap it up, sir. Commissioner Coletta. COMMISSIONER COLETTA: Before you go, there's a couple things I do want to give you credit for. I did sit on the committee that was putting together the regulations for the OK Slough. I was very impressed with how they were working With Forestry along with all of the users groups. Probably, I'm the only one there who got in an argument there, and that was with a good friend of mine from the Audubon Society, but we even resolved that and kept on going. I was very impressed with the process. I know that it can work when it can. I do have concerns though about it, about the process in this particular case. If it was the same as we did in the OK Slough, I'm sure everything would turn out relatively fine. I realize that we're fighting for a resource that is shrinking in size while the population keeps increasing, that the use of other places have disappeared over the years, and more and more people are trying to recreate in the small places that are left. And, regrettably, there has to be some controls put into place to make it all work so everybody can share a piece of the outdoor experience. However, and Franklin Adams who I have the greatest respect for and for the Florida Wildlife Federation, he represents them, he also expressed the fact that he thinks we need more in the way of Page 161 July 29, 2003 guarantees. Something that's factual that says, yes, this particular use will be able to continue in the future, this is going to have to diminish because of this reason or that reason. We're not getting any answers. We're hearing very evasive type of avoidance of answers. It's less than encouraging when it comes to that part. I think that if we put a little more effort into it we can come up with something that will work. And one of the things I'd like us to do is to think about today not so much as a decision-making day but as a workshop where we can send staff back to renegotiate certain terms. But I think you need to be very much a part of this rather than somebody that's sitting in the background, because you're the person that is going to be putting together the actual users' plan; am I correct? MR. GRAHAM: Well, Sonya, she's the one. COMMISSIONER COLETTA: Sonya, how are you doing. Sonya, you did an excellent job in partnering with the residents on Sabal Palm Road in getting that road repaired for access, and I appreciate that very much. So there are things that cooperatively can be done. I can't say that I'm extremely excited about everything I'm hearing here today, there is an awful lot of information that's all of a sudden coming available to the public that wasn't here before. Not so much on your end, but I don't think we're there, I really don't. But I do appreciate everything that you have done. MR. GRAHAM: Thank you. One last comment. It will address some of your concerns and Mr. McMahon's concerns. Why isn't there a recreational plan out there? We have a recreation plan that's five, seven years old now. In order to develop the new plan, we have to know what the water is going to do, what the restoration project is going to do. Why have a camping area if the area is going to be underwater? We can't develop that, we don't know what the plan is, they have been tweaking that plan with half a dozen different alternatives for the last several years. You can't develop a plan if you don't know what the ground is going to look like. And as soon as Page 162 July 29, 2003 that's done we will develop, we're starting to work on a recreational plan -- COMMISSIONER COLETTA: I mean no offense, but I'm going to make a suggestion to you. Collier County is in a little bit of a disagreement, to put it mildly, with FEMA, and one of the things we're doing to prove the height of various residences out throughout the Estates and some of the other agricultural lands out there is we're paying about $16,000 to have these benchmarks put in to give the actual height. I'm sure that Forestry could do the same thing, as far as that goes, so we can start establishing where the water will go. There just seems to be a lack of knowledge, in other words, if we are going to wait until the day we start to flood the area three to five years from now, and where is the water going to go, we're going to watch it and see where it goes. That seems kind of counterproductive. I don't think that's what's happening. They have to develop the model, the plan. The plan that they are going to use is close, but do we have the final version yet? Again, the models that are out there will tell us what the water is going to do before it actually happens. We need to determine what plan's going to be used so they can plug in the model, so we can see what's going to happen today. If they determine what plan they are going to use tomorrow, next week, we'll have the modeling in place and we'll know what's going to, what's going to happen, where the water is going to go, and then based on that, we will in turn develop our plan. COMMISSIONER COLETTA: Right. I think if we get to that point before we sign off totally on this that there would be a lot more comfort on the part of the Commission and probably the public also. That's the way I'm heading right at this moment in time. CHAIRMAN HENNING: Thank you. MR. GRAHAM: Thank you. MS. FILSON: The next speaker is Mike Sorrell. He will be Page 163 July 29, 2003 followed by Wayne Jenkins. MR. SORRELL: Good evening, afternoon. I'm Mike Sorrell, President of the Florida Outdoor Alliance. I just wanted to point out some stuff. I'm not irritated with everything that's gone on, just most of it. And you were just told that they don't know where the water level is going to go, and they don't. There is no way that -- you can look at what's happened over the last five years in the paper, you've got one person saying this is going to happen, one person says that's not going to happen. I have two homes in this new FEMA flood area, because they just enlarged the other one. I can't afford it. I'm a businessman, I took off work today to come in. I can't afford their crap shoot. They are going to roll the dice to determine what's going to happen to my land. I already know it's going to cost me $600 a month in insurance on two homes. So you're just told they don't know where the water is going to go and I tend to believe them. I want to just point out a few things, just some inconsistencies that I hope will scare you guys to the point that you will not sign that agreement today. You will wait until it comes back with your inputs that you're giving today in it. Another public input meeting, as we're having today, so that we can give you guys our approval to sign it. And I hope that that's what I'll bring up today. One of the things that -- we were talking about Jane's Scenic Drive. The last meeting you guys had here, Pam Mac'Kie stated when I was here, and I've got it on videotape, that you will not need Jane's Scenic Drive as soon as they get the rest of the private landholders out. So your question about Jane's Scenic Drive, and Everglades Boulevard, and Stewart and all that I think was answered a month and a half ago. Permit to camp at the Crew property, which is a similar property, I brought the brochure for it here. You've got to contact Page 164 July 29, 2003 Water Management to get a permit. This is the brochure that they put out, it says camping allowed throughout the year with a permit. Guess what, I've called 17 times. I cannot get Jim Goodwin to return my phone calls, give me permission to camp on public lands, there's no access there whatsoever this time of the year. There's a little bit of a hunting opportunity, which I do take advantage of and appreciate, but there is no camping. OK Slough, which, Mr. Coletta, you sat on the Board for. You were commending them for what's been done there. I sit on the Board there now, and probably not after today, but anyway, there's still no nighttime use of Okaloacoochee Slough whatsoever. There is no camping. The only camping that is allowed there is during hunting season, which I hunt, I agree. I also have a horse. I also have children. I also want to use the property other times of the year besides the hunting season. I normally don't take my kids hunting, and they are 4 and 7 years old. So when you're slapping them on the back or patting them on the back, there's a little bit left to be desired there. Nighttime use is out of the question, so there is no frog gigging. That was a question I brought up 3, 4, 5 years ago in the process. I do appreciate the property. It's just, it's not the access that they told us was going to be there 5 or 6 years ago. Three minutes doesn't last very long. I have several more notes. MS. FILSON: The next-- MR. SORRELL: Once again I would ask to see the science behind the groundwater maps. I don't think you'll find any. And to please not sign the MOU without having your concerns, which are our concerns, put into it. Thank you very much. (Applause.) MS. FILSON: The next speaker is Wayne Jenkins and he will be followed by Doug Rankin. MR. JENKINS: Good afternoon, Commissioners. My name is Page 165 July 29, 2003 Wayne Jenkins. I'm the President of the Collier Sportsmen & Conservation Club. First of all, I would just like to thank you for the opportunity to be here today. I have to say I almost sat in amazement at this meeting last month to hear our local representatives listen to the public and understand some of the public needs here. It would be very easy for you to take the stand of so many politicians of just turning these right-of-ways over to another agency and shirking your responsibilities to the public. I commend you for staying in it and being involved representing us, very much. Thank you. It was mentioned a spot for ATV use was one of the trade-offs, if you want to call it a trade-off, for having this Memorandum approved. It's an excellent beginning. I had my eyes opened a little more from one of your speakers, Jim Kalvin, about it may not be enough room for the activities that does exist, there's a lot of use in this, but it's recognizing one use, but I need to point out to you and a couple of other people have said it today, there's a lot more that goes on out there than just mudding, which is the term I'm hearing. There's also, the public enjoys camping, wildlife viewing, biking, fishing, hunting and even just the occasional sunny drive to get out and enjoy the outdoors. So there are a lot of uses that this area provides for us. Without the guaranteed access roads and trail easements these activities are not going to be able to occur. I asked my lowly assistant to hand out a little handout to you today. This is some excerpts from the CERP, which is Comprehensive Everglades Restoration Program. And I know it's a lot to absorb and this is just a small passage in it, but I would like to call your attention to the next to last paragraph there and this is where we're losing out. And what I'm hearing today, it's incomprehensible to me right now that southern Golden Gate Estates is part of the CERP process. It's a state and federal program. It does not have to adhere to NEPA, and Page 166 July 29, 2003 economic studies, and the federal government is the one that designed all this backlash. I can't imagine it. And this is exactly what's happening. There is no thought process, there's no coordination going on over this. We're going to go in there and we're going to give them permission and they're going to jerk all of the roads out. We need some parking spaces for some of these activities, you think we're going to convince them to haul this road right back in and give us a parking lot for a place to get off the road? It's not going to happen. If we lose this today it's gone. If you people do not back us up and give us the opportunity, once it's gone we don't get it back. We've seen it happen too many times in south Florida. And I'm just saying, without some kind of guaranteed easements, the use of airboats, swamp buggies, ATVs are gone. I have run over my time. One last point I want to leave with and why it's so important we talk to you today, the -- what you haven't heard, I don't know if you are aware of, the Division of Forestry policy is, unlicensed vehicles are not allowed on their properties. That takes out your airboats, your swamp buggies, your ATVs. And that's why we're fighting for some use in there. I apologize for running over. Thank you. (Applause.) MS. FILSON: The next speaker is Doug Rankin. He will be followed by Kathleen Slebodnik. MR. RANKIN: Good afternoon, Commissioners. Thank you for your time. I'm Douglas Rankin. I'm the President of the Golden Gate Estates Area Civic Association. I'm also late of the now done Golden Gate Master Plan Committee. And first of all, I heard a little something Nancy Payton asked you to do. Please don't do it. There's a trap in doing that. If you designate the southern Golden Gate Estates as conservation land you just killed all these, a lot of these uses. Don't fall under that. Page 167 July 29, 2003 It seems to me that you're being rushed into signing an agreement when, like you said, Commissioner Coletta, you don't have any of the answers. We need these plat -- Forestry's blaming Water Management for not finishing their plan and Water Management, I'm sure if you give them a chance, will blame Forestry for why they haven't finished their plan. I think we need to wait and see what these plans are, done, and see what they're going to do down there. Why do I care in the north, living in the northern Estates and representing those people. Hey, if water, and Commissioner Halas brought it up earlier, what if we need some water? It's not what if, it's we need it. Currently the City, the County and my residents all draw from the same well fields. It's called northern Golden Gate Estates. And if you check with them, they'll tell you in the wet year we're okay, but if you get into a dry year like we had a few years ago where the main canal was going dry, you'll find that we are about at it right now, and my area is the fastest growing area of the second fastest growing community in the nation. If I'm wrong and I don't think I am, where you've got my people looking for that water, you've got the County looking for that water and you've got the City looking for that water, and if you can't get water somewhere else, it's not going to be your grandchildren, it's going to be next year or the year after that you're going to be out of water. In fact, I believe they are already forcing new County or City well fields into the Hawthorn salty aquifer. And I know how much of that is available, and you know the cost involved in desalinating that water. Of course my residents can't use that water, if that upper Tamiami's gone we're done. As far as ATV use, remember this is where Paul Frank invented the swamp buggy. This has been going on since the twenties here and like you said, they said, this is it, it's done. Page 168 July 29, 2003 Why do I care about that? I don't happen to own one. I occasionally like to borrow one and go out there, yes. But I also care about that because I've got a lot of people in the Estates that ride them, and I've got a lot of people in the Estates that don't like them. And if you flat outlaw them everywhere, where are they going to go? They are going to end up back in the northern Estates where they already are, where they're illegal, and people are going to try and pull them over, and all this, except for people realize you can go to Tennessee and get them licensed, then I'd like to see them pull them over. Because they could be licensed then. There's also Georgia is going back to relicensing, too, so we might have a lot of imported ATVs quickly. But we don't want them forced into the northern Estates because this is it. Look at the whole eastern part of Collier County, it's gone. Another couple of things. Legally, you're giving up in this agreement all of Jane's Scenic Drive, but this agreement only covers southern Golden Gate Estates, and if you listened real carefully to Pam Mac'Kie, 99 percent of Jane's Scenic is in Fakahatchee, and they are giving you no assurances. Last thing, you need these roads for access. I have hundreds of people that live on Everglades and DeSoto south of the Boulevard. Their only access in a fire that starts near the Boulevard and bums south or starts in the middle and bums south -- CHAIRMAN HENNING: I'm going to have to ask you to wrap itup. MR. RANKIN: Okay. I'm wrapping up on this point. Is through the southern Estates, if that's sealed off they are done. And you've got hundreds of people with nowhere to go. (Applause.) MS. FILSON: The next speaker is Kathleen Slebodnik. She will be followed by Brad Comell. Page 169 July 29, 2003 MS. SLEBODNIK: My name is Kathleen Slebodnik and I am the Water Policy Chair for the League of Women Voters of Florida. The league is also a part of the Everglades Coalition. And the first Everglades Coalition meeting I attended, the proposition was Everglades first. Out of all of the uses that the Everglades could have, Everglades first restoration was our focus, and this is also the position of the league. The league, along with other organizations were dismayed when the legislature this last session passed what we call now the Everglades Whenever Act, and the reaction of the federal government to this is well known. This is not just a local issue, the Everglades is truly America's Everglades. I have attended the Everglades Coalition meetings for the last several years and will do again this January. And it is a national issue. Emphasized over and over again is that this restoration project is the largest that the world has ever seen and its results are going to be felt forever and for generations. However, this is a good Memorandum of Understanding. We need to send a message to the federal government, to the state government and to our cohorts on the east coast that the west coast, particularly Collier County, is in favor of Everglades restoration and this is an excellent first step. If we save the Everglades, we perhaps can keep the planet. Thank you. MS. FILSON: Brad Cornell, and he will be followed by Bernard Nobel. MR. CORNELL: Good afternoon, Commissioners. Brad Cornell on behalf of Collier County Audubon Society. We are very much advocating that you move forward with south Golden Gate Estates restoration by signing this Memorandum of Understanding with the Water Management District. There are many public benefits which have been clearly outlined already, including Page 170 July 29, 2003 habitat restoration of estuaries, fishing benefits for both recreational and commercial fishing, fire prevention, water supply assurance. In addition, as we've already also heard, there are many benefits from the MOU itself of the $20 million potentially for canal maintenance and the square mile for ATV recreation and other types of recreation. A few comments I would like to just add to the discussion, some of which may echo others. Restoration is really the primary goal of this whole effort. The $100 million or $125 million, whatever was spent to buy the land, 55,000 acres, was spent to enable a restoration project to go forward. So that is the primary purpose, and recreation is the secondary benefit of that. And as we already heard from Hank Graham of Forestry, we have 20 miles of horse trails that we didn't have before. This area is now ripe for consideration of those kinds of benefits, and I urge us to move forward with this restoration as the primary goal of all of this expense and public effort. Management and access issues need to have very clear communications with these citizens, with all of us, as you've heard many, many times this afternoon. I think the ATV park is a good idea but I do have concerns about where it goes. It should not go on ascending land or environmentally sensitive land, obviously. We need to find someplace, and it's going to be difficult, and I would like to help with that process, but we need to identify lands and maybe even more lands than this square mile. I also want to point out that the south Golden Gate Estates is now a natural resource protection area in the Growth Management Plan. That is the current status as of the most recent round of rural assessment amendments that we've adopted. So it is a designated local conservation area as it stands now, and the Collier County Audubon Society could end up here -- strongly urges you to sign this Memorandum of Understanding and Page 171 July 29, 2003 move forward quickly with vacating the road easements so that restoration can begin, and to whatever extent we can help we are urging that. COMMISSIONER COLETTA: Thank you very much, Brad. I'd appreciate you staying here for just a moment. I need some help with something. I've listened to you speak, I listened to Nancy Payton, who I greatly respect, I also listened to Nicole Ryan. I've listened to everyone who comes up and they are all giving the same message to me, that they don't know where this land is going to be for the 640 acres, that there's all sorts of problems because of the receiving areas, the sending areas, because of the panther habitat. I'm hearing so many negatives I'm beginning to wonder if, even though the intentions might be the greatest for 640 acres to be given to us, that your organization, or the other 2 or 3 organizations out there are going to stand in our way to make sure we don't get it after we sign this Memorandum of Understanding. What kind of assurances can I have that you'll sign off when we find what we need; I don't. (Applause.) MR. CORNELL: Commissioner Coletta, I can't give you assurances, obviously, I don't know what we're talking about. We need to see. COMMISSIONER COLETTA: Neither do we, sir. Neither do we. MR. CORNELL: Let me tell you this. There's all the motivation in the world for the Audubon Society, the Collier County Audubon Society and Audubon of Florida to find someplace for ATV recreation. Just recently, a couple of months ago, we had trespassers come onto Corkscrew Swamp Sanctuary and tear up a prairie that had been in restoration for 20 years. And in one weekend they mined it. And so, you know this is something that we're motivated, we need to find someplace for people to properly recreate Page 172 July 29, 2003 and to do it in a safe manner. COMMISSIONER COLETTA: Mr. Comell, and I understand. Excuse me if I just don't have that level of comfort that I need to be able to give you a positive vote today on what we're doing. If we were to send this back to have this reviewed and brought in the other agencies together so that everybody sits down together and they understand exactly what we're talking about and what we can do and can't do, then I think we have something we can deal with. You already put a number of negatives in this along with your compatriots and the other Conservancy and the Wildlife Federation, they all come up with the same things right down the line. The reasons why it won't work. I know I can't listen to that. I have to know the reasons why it will work. This can't be done on blind faith and that's what you're asking me to do. MR. CORNELL: Well, we know what some of the criteria are going to be. It's going to have to be impacted, contiguous, it's going to likely be some sort of agricultural land that's not utilized for that purpose or economically for that purpose -- COMMISSIONER COLETTA: Possibly. We heard a number of people here say, why rush the judgment on this if we don't have the answers, and I'm leaning more and more in that direction. Possibly, we ought to pick a dated in October where we can have an evening meeting, come back and you can outline for us with everyone else, sit down and tell us what can be done, can't be done, and where it can be done and then we have something to talk about. Right now all I'm seeing is smoke and mirrors, and I'm not comfortable. (Applause.) CHAIRMAN HENNING: I hope the Board can refrain from having a dialogue with the public and we want their input to get, to help give us direction, and I understand your concern, Commissioner, but we need to get through this process today. Page 173 July 29, 2003 COMMISSIONER COLETTA: I can't talk to anyone else now? CHAIRMAN HENNING: Well, I would appreciate that you would refrain. COMMISSIONER COLETTA: How about "refrain" meaning not so much but a little less. Can I still do a little bit? CHAIRMAN HENNING: Whatever you can do would be appreciated. MS. FILSON: The next speaker is Bernard Nobel. He will be followed by A1 Perkins. MR. NOBEL: I'm Bernard Nobel. I have property on 124 and Miller, at the end of 124 Avenue, and -- CHAIRMAN HENNING: Sir, could you speak up. Mr. Nobel, I'm sorry for the interruption. If you could speak up a little louder, our court reporter can't quite get it recorded. Thank you. THE SPEAKER: Bernard Nobel. Property owner on 124 and Miller. And what I'm reference to is the part of the roads that are going to be removed to grade, and that as the property owners, I just heard it a few minutes ago in which they said to you people that there would be no property owners below grade -- or above, they are all going to be above grade. And I'm 7 miles down from the last grade. Where it's above grade on that road. And I'm just there on a part of-- the statement, if that's a proper statement, or was that a statement that was misquoted? CHAIRMAN HENNING: We'll get that answer. MR. NOBEL: They said the statement there a little while ago, it was brought up by the south Florida Water Management, that there would be no property owners, no property owners that were going to have a road, all roads were going to be above grade. And we are, we're 7 miles below grade, or at grade, our road's going to be, on Miller Boulevard. We're going to have 7 miles there of grade to get to our property. So I just wondered what the, what you had to say on that. Page 174 July 29, 2003 And also the part, is that, are we to be compensated for taking the roads away from us in the area? Because Vince Door (phonetic) has wondered the same thing. Vince can't be here, he's in Georgia recuperating, and we talked last night until 12:30, and I mean, he was just there, he'd like to know certain things too on this here. I mean, are we going to be at grade or is it going to be below grade, or, I mean, at below the grade level with our road. And we have never had no water on 124, there's never been no water on it. I have been there for 10 years and there's never been any water on 124, on 124 Avenue. Now within the waterway on Everglades Boulevard we go through water, but I mean, if they are taking this here we're going to have a lime rock road for 7 miles, and that's what we'll have to get into our property. So that's about, really, all I got to say about it, any questions I had on it. I thank you. CHAIRMAN HENNING: Thank you. We'll get those answered at the end. MS. FILSON: The next speaker is A1 Perkins and he will be followed by Don Peterson. MR. PERKINS: I'm not going to let Bob Shank be disappointed. Ladies and gentlemen, you people at home listen up, also you Commissioners, and of course the rest of the paid parasites who work for the government. Don't misunderstand my words. I want to commend the Commission for not having amnesia today. Normally they can never remember what's going on. What you see on this map is divide and conquer. Today it's going to be south of the Alley, down towards the big T. Tomorrow it will be up Sabal Palm, and what you need to know big time is, water runs horizontally. If I fill up southern Gate Estates south of the Alley, I put East Naples in total jeopardy, and also part of the islands, Everglades City and also Marco Island. For your information Marco Island Water who is purchasing from Florida Waters has a well field out there off of Miller, 160 acres. They paid $260,000 over 25 years Page 175 July 29, 2003 ago. The reason why I know that, I have owned my land out there for over 25 years, and I'm a new kid in this town, I have been here since 1950. Do you know how -- right, I had hair, and I had a young body, ! don't have that anymore. If you approve this thing you're going to get sued big time. Now when I say "big time", I don't know whether you think a million dollars is a lot of money or not. I don't have $7 million hanging on my wall like on the beach. Access. Big time access. You're talking about discrimination and you're talking about 2050, you heard 2050. If you take and pay attention to that map that Nancy Payton showed. She showed you where and how the South Florida Water Management are going to take over the entire southern part of this state. They are going to flood you out. They have tried to flood me out, I caught Mike Slayton of Big Cypress Basin Board and the newspaper put it in the paper, showing pictures. Now, when you get down to the point that these people will lie to you, especially Hanoi Jane over there who made the presentation, you're going to realize you're dealing with a bunch of Communist people out here who are here for the money, they could care less about the environment. They all live in a townhouse, or they live in a doggone condo, or they live on the beach. Look them up, find out where they live. Okay. I've got the -- don't forget when you tear out the road, you got potholes, and one thing I need to make, very important, you've heard it for years. The evacuation route up Miller from Marco Island and Goodland needs to be put in place. Petit here and the County have gotten in collusion with the state because they didn't want prescriptive rights -- CHAIRMAN HENNING: I'm going to have to ask you to wrap itup. MR. PERKINS: Listen up, just for a second. They didn't want prescriptive rights put in place because it supersedes eminent domain, making that road open from now and forever for your people Page 176 July 29, 2003 to use. Wake up, you're paying for it, people, get nasty. CHAIRMAN HENNING: Thank you. MR. PERKINS: Thank you. (Applause.) MS. FILSON: The next speaker is Don Peterson and he will be followed by your final speaker, Bobbie Billie. MR. PETERSON: Good afternoon, Commissioners. Don Peterson, for the record, Fire Chief, Golden Gate Fire Control and Rescue district. Chief Shank with East Naples asked me to also share comments with you. First of all, at the very beginning of this, I thought I heard mention that all the parties involved in this would not oppose an intersection at Everglades Boulevard and 1-75, and I would ask if there's one good thing to come out of this agreement, potentially, that we could get the parties to sign off and include that on whatever agreement is done. Currently, we don't have a viable access there. And the reason for our comments ties with emergency access. East Naples and Golden Gate are 2 of your 3 primary providers, along with EMS, for emergency services in the south blocks. That-- there has been a lot of conversation prior to this in regards to the disconnecting of the Miller extension and also Jane's Scenic Drive. It was mentioned today about the, Jane's Scenic Drive would be retained in here, but it makes reference to the County would give up any rights, any rights to Jane's Scenic Drive and Miller extension, so, potentially, my understanding of the agreement is that everything would disappear and you would only have Everglades Boulevard in there. I would share with you that it is a financial impact to us, to us all in providing emergency services. If there is only one means in there, Everglades Boulevard and 1-75, it means only one significant impact on the Golden Gate district, we are the only ones that can get down there at this point. Page 177 July 29, 2003 Currently, Miller extension, when it is not the rainy season, is used from the south. It is underwater a lot, Jane's Scenic Drive is the same way, that's used. There is also -- I wanted to share with you that on Page 2 of the agreement it identifies, paragraph number 2 that if you approve this today you would have another 90 day window that we would be going through this again today, so, just for your general information there. Sabal Palm is not necessarily an emergency vehicle access. I would share that with you, so, four wheel drive trucks and things may be able to get through but reliable emergency services could not get through there. Having sat on the Golden Gate Master Plan restudy committee, I'm not sure if the south blocks was removed from that or not, because that area was removed from our discussions and reviews, so I'm not sure how that got left in the County's Master Plan for that area, but that was totally separated out of this. The other issue, the roads that would be removed, and they would be scraped down to the dirt level, the folks that live in the area, 124, 126, as I understand the map, would be that dirt area. There are folks that live down in there, which are would mean that during the rainy season we would not have access that far down to the south, and, just to wrap up, there are several people that live north of Stewart, on the west side, that are, potentially would be impacted here as well. There are several people that are going to be living in here regardless of what happens to the remainder of that south block area, so I would ask somehow that emergency services be considered, whether it's funding, is the funding going to continue, or some type of verbiage be included in whatever agreement that you end up with for the folks. Thank you for your time. CHAIRMAN HENNING: Commissioner Coletta has a question for Chief Peterson. Page 178 July 29, 2003 COMMISSIONER COLETTA: Chief Peterson, I do appreciate your input about the importance of the Interchange at Everglades Boulevard and 75, and I couldn't agree with you more. And I don't think it would be unrealistic to ask the parties that are involved in this to just come across with no objection. The possibly of this getting built in the next 15-20 years is remote at best but it would certainly make it a lot easier if we could get to the point where they would leave no objection. What I'm saying is there should be a cause and effect, there should be a benefit tied in with what we have to give up, and I couldn't agree with you more, sir. MR. PETERSON: Thank you, Commissioner. COMMISSIONER COLETTA: I think Commissioner Henning has a question for you, too. CHAIRMAN HENNING: Mr. Peterson, personally, do you have emergency access from 1-75 onto Everglades Boulevard? MR. PETERSON: The only access currently is if we have to get ahold of the road patrol folks. There is a gate on the north side on the overpass there so you're talking significant delay of getting through there unless we somehow cut through the fence. CHAIRMAN HENNING: Let me give you a scenario. MR. PETERSON: Okay. CHAIRMAN HENNING: If there is a fire in between DeSoto and Everglades Boulevard, is it a potential that people would be trapped in that area, to cut off the access if they have to go north? MR. PETERSON: North of the Alley? CHAIRMAN HENNING: Let's say they are north of the Alley. MR. PETERSON: Okay. CHAIRMAN HENNING: MR. PETERSON: Okay. CHAIRMAN HENN1NG: there, correct? MR. PETERSON: In between Everglades and DeSoto. They only have one access out of Correct. That area, you would have to, if Page 179 July 29, 2003 you can't cross Golden Gate Boulevard to the north there's a dirt road along the canal that could potentially be used, however, I wouldn't call it a real good road. There are and there have been issues with evacuations of people in there, the question being there are significant issues with evacuating people out of that area, whether it's a wildfire going through there, we get potentially hazardous material that overturns on the Interstate, if you've got something going on in the north end into Golden Gate Boulevard they are not going to get out of there. CHAIRMAN HENNING: So am I correct that you have a concern about the public safety if the roads in southern Golden Gate Estates are not available during fire season? MR. PETERSON: Yes. And I would carry that one step farther that if for some reason 41 is impaired, which has, we have had incidents where 41 and Alligator Alley have been closed at the same time, and if 951 is impacted the people south of 41, Marco Island, specifically, but the south end would not have an alternate route of getting out of there either-- CHAIRMAN HENNING: Thank you. MR. PETERSON: Thank you. Your final speaker, Mr. Chairman. MS. FILSON: (Applause.) MS. FILSON: MR. BOBBLE: Is Billie Bobbie. Thank you. I recognize the independent traditional Seminole nation of Florida. We're still original owners of this property you're talking about. And make sure -- we haven't even know this meeting took place until last night somebody called us to come in to see what is taking place. And we also, our elders used to meet with commissioners or the lawyers and police and judges but we haven't done that over the past 30 years. And that's why you don't even know we still exist, the land owners still exist, but we're going to Page 180 July 29, 2003 begin to do that because you haven't noticed us for 30 years ago, and we have concern because talking about traditional use has been taken away for over 30 years, pretty much so which is we hunt, we fish, we hunt, we gather firewood, we build our own traditional use for chickees, houses we call, and those things have been taken away by park or all of those other things they create or the government agency. So we have concern not only just in this County, also Everglades and north Florida, all of those things have been closed down by traditional use or indigenous people. We have a right to go in and protect their ancestors, their water resource for the generation to generation. We have been living on this land we call Florida. And those things have been taken away by bringing in so many people in this area. That's why we have so much problem because we are losing value of the wetlands, and ponds and the rivers; those things makes the rain for us, for all of us. If you keep on destroying them we also, like you said not only just certain amount of years going to be drought. Two years, 40 years haven't been rain for so long, we have been drought for many, many years, but two or three years ago it started beginning to rain. We lucky we have the rain today. We lucky we still surviving today, but don't be playing God, you're not God. Everything has been created, has been purposely put there to nourishment to all creation, not only human, but fish, animals, trees, all type of things. When you play God and try to replace the natural resource it can destroy the life, and that's what happened. But I just want you to know we're still here, we're going to use that land no matter what kind of law it has been take place. Don't tell us we are Communists because we are not, we're still original owner of this property. If you look into government record it can show you who we are. Thank you. (Applause.) Page 181 July 29, 2003 CHAIRMAN HENNING: I have to ask our court reporter. Are we okay? We're probably maybe 20 minutes to half an hour before we take a break. Ms. Mac'Kie. MS. MAC'KIE: If I may, just to sort of wrap up I wouldn't begin to attempt to rebut every statement with which I have a disagreement that's been made, but I do want to point out to you that maybe you're bad poker players too because you have already, by virtue of this Memorandum of Agreement that's on the table before you, you have already gotten for your constituency more than anybody else has gotten. Other counties, remember, contribute cash toward land acquisition for restoration projects. You didn't do that, you were not asked to do that. In this case, how I come to be here before you is that the Governor and Cabinet had authorized condemnation of these road easements. I interject myself for the purpose of hoping to mediate a settlement so that Collier County, that I love, can be a partner in the restoration as opposed to -- UNIDENTIFIED SPEAKER: Are you threatening us, Ms. Mac'Kie? CHAIRMAN HENNING: Sir, I have to ask you. You had your time, thank you. MS. MAC'KIE: As opposed to adverse parties in litigation. In fact, the condemnation has been authorized, and if we can't reach a settlement then we find ourselves having to go the ugly route. You have -- this is my message -- you have already gotten more than you could possibly get in court. In court, if you go that route, in addition to losing the benefit of being a partner, you become -- you get the appraised value of those blue lines on that white piece of paper because the dirt has already been bought by the state. You get the appraised value not -- you don't get your cost, you don't get what it cost you to put those roads in, you don't even get the current cost, the replacement cost, you Page 182 July 29, 2003 don't get -- you get what is the value of those blue lines on a white piece of paper because the dirt is already purchased. Please recognize you have an opportunity to be a partner as opposed to an adversary with the state and federal government in this process, or you can be an adversary and then you can get for your constituency what they are legally entitled to instead of what they have the opportunity to receive today, which is much, much, more. CHAIRMAN HENNING: Can I ask the Board members for their input whether we are going to accept this MOU, reject this MOU or make recommendations to take it back for amending this MOU. Commissioner Coletta. COMMISSIONER COLETTA: I would like to make a recommendation to still partner up but to have negotiations take place that will answer a lot of the questions that we brought forth today. And if I may, so far, from what I can see the issue of water and what we gain from it here in Collier County is zero. We might gain down the road, if everything goes right, ATV use on 640 acres. Where, when, is there a cash guarantee? We have the right to reject but do we ever know that we are going to find something? We heard the Conservancy, the Audubon Society, and the Wildlife Federation come up with all the different stipulations of what the problem's going to be in finding it, rather than coming up with the reasons we can find it. Access to homeowners at 724, no guarantees, really. Access for recreation, I'm sure in the end if we don't have the Conservation interest standing in the way there will be reasonable access, but I haven't seen it here today. $1 million from Water Management for 20 years. That's not awful exciting. All we're doing is we're taking the money from one pocket and putting it in the other. The taxpayers are still paying for it. This original concept of dealing with the mitigation credits had Page 183 July 29, 2003 some merits to it. It would have been the state giving up something in return and it wouldn't have been coming from our taxpayers. Blue lines may be, but the blue lines were set there by the people of this County and maintained for years. The road, the interchange; we all know that that's not something that's going to happen in a short period of time. It's been a dream of mine for a long, long time, but if we can have the interested parties come back and say, you know, if you go forward with this some day in the future we won't object. If these particular conditions are met you can go ahead and put some conditions on it. Possibly also too, they can identify a rural road for possible four laning where they wouldn't object, where we get to 29 and 29 to 75 being four laned. These are all different things that would have a positive impact. I know eventually this thing's going to come to a head and I would like to see Collier County come out ahead when it does happen. We've heard many people make different quotes. Mr. Adams said that you don't need guarantees for the access. I think a lot of people here feel the same way. Nancy Payton mentioned the fact that the level of service may have to be amended. When, in other words everything is up in the air. Frank Denninger, there's few benefits for humans, and he's probably right. It's great to have things that are for the environment and for ecology but still, you know, we have to look for that human element. I represent the people of this county, not the manatees and the eagles. Cindy Kemp mentioned the fact taxation without representation and that's something that, she may feel that way but we're going to get that representation for her, and I think if we bring it back another time we'll be able to do that. Pat Humphries mentioned the fact we were previously promised, and we were, that this would provide a water supply and we find out that's not the case; some day in the future, it might. Brian McMahon, who devoted a lot of time to this ATV issue has asked us to please postpone this agreement, the Page 184 July 29, 2003 Memorandum of Understanding, until we can be shown where these recreational lands will be, or get a cash buy,out if that land won't be there. On, and on, and on. I won't go through it, just touch on Doug Rankin. He was -- he thinks that we're being rushed. Many, many people here. We heard from Billie Bobbie at the very end and I'll tell you something, you have to listen to what he's saying. And as you know I got into trouble trying to give these roads away to the Miccosukee Indian tribe to hold everybody off. MS. MAC'KIE: The whole tribe. COMMISSIONER COLETTA: Got called to Tallahassee -- MR. BOBBIE: We're not Miccosukee, though. COMMISSIONER COLETTA: ii know you're not. In any case, we might have made a marriage there with them but we didn't succeed in that. We're coming down to the fact that there's a whole bunch of unanswered questions and I think what I would like to see is this put off until sometime in October for an evening meeting where we can come back one more time after staff has a chance to work with you. And you heard all the issues, Mr. Mudd, that came up here today, some of them are doable, some will never be, let's be honest. We would like to have the whole world if we could. The truth of the matter is this is a diminishing resource that's getting used by more and more people and we have to learn to share it with everyone so that everybody gets some use. We want to make sure we have the use and we have the access, and I think if we go back and we revisit this and we brought it back again -- I consider today to be a valuable lesson as far as a workshop goes and we might be able to reach a final agreement in October. That's my suggestion. MS. MAC'KIE: May I comment? CHAIRMAN HENNING: No. I want to say that within the MOU the County is to hold a meeting within 90 days about the roads Page 185 July 29, 2003 in southern Golden Gate Estates. But I want to hear from the rest of my colleagues because I think we can, with some tweaking and some agreeing between both parties, that we probably will work out an agreement. Commissioner Coyle. COMMISSIONER COYLE: I need to ask Collier County Judge Manalich a question for just a moment, please. Hello, are you still there? MR. MANALICH: I'm here, Commissioner. COMMISSIONER COYLE: Based upon what you've heard today, is there a sufficient legal record to demonstrate the intent of this Memorandum of Understanding with respect to providing people access? MR. MANALICH: I think the document goes pretty far. I might recommend a few additional changes, some of which we mentioned earlier. Ms. Chadwell has had some discussion in the last few minutes -- I don't know if you have anything to add, I don't think so -- but it certainly does not address some of the things that were raised by Mr. Coletta at this point. It does provide a framework, it's enforceable, there are some things that could use more specificity, but it does provide a legal framework. MS. MAC'KIE: If I may? COMMISSIONER COYLE: That's what I'm really interested in determining. I think that we could probably meet five, or six, or ten more times and still have some questions about how we're going to do certain things. And I'm not sure that the poker game is going to play out that long. I really do believe that the mark of a good poker player is to know when to hold them and know when to fold them and I think it's getting very close to folding them. I think we have gotten a lot that we otherwise could not get and will not get if we proceed through the legal path of resolution to this. I would hope we could find some way to accept this agreement, understanding that the public record that has been created today Page 186 July 29, 2003 clearly indicates to me that there is a commitment by the state and hopefully the federal government to allow these people to have unfettered access to their property, to provide recreational opportunities for this property, and, based upon what I have heard everybody say, yes those things are certainly the intent of this Memorandum of Understanding, but that there are processes that we have to go through in order to get them finalized in a document. And I can understand that. And I feel reasonably comfortable at the present time proceeding with this agreement, with the understanding that if some of these things don't happen we might very well be back in a court of law raising the questions about why we were told what we were told today. MR. MANALICH: Commissioner, what I would add is, this document is not going to necessarily prevent you from having litigation brought upon you by whatever party it may be. It does, as I said, provide a legal framework, but it does not address what I heard from Mr. Coletta and some of the speakers, some of those issues. Some of those are policy issues. My answer though is with a couple of caveats. It would provide a legal framework and some of the caveats would be, for example -- this is now getting more into the details of the document -- but we talked about the roads, that was all important here. I think we were going to delete "draft" from that exhibit. COMMISSIONER COYLE: Yes. MR. MANALICH: And we may, and Ms. Chadwell mentioned, we may even want a little more detail. Specifically, I don't know, do you have any addition to that? MS. CHADWELL: Yes. It wasn't entirely clear based on some of the comments what was going to be preserved. Mr. Nobel stood up and reminded us that he does live off of 124th Avenue, which is at the lower end of the map. Page 187 July 29, 2003 I thought I understood someone state that all roads that were of asphalt construction were going to stay above grade. Well, it's been drawn to my attention that Miller Boulevard south of 82nd Avenue is an asphalt roadway but yet the map indicates that that isn't going to be an above grade roadway. MS. MAC'KIE: The map controls. If I've misstated, the map is the answer to the question. MS. CHADWELL: Okay. So now-- COMMISSIONER COYLE: Excuse me. Pam, what is your take on that? Can you make us feel more comfortable about those issues without having to go into an extended series of additional meetings? MS. MAC'KIE: Yes, sir. I think I can. I have been -- while you were talking with the attorney -- conferring with the folks here from the Division of Forestry and I can commit, and we can put it in the agreement if it is helpful, that there will always be human access. I mean, humans will always be allowed on this property, where and whether camping is in this place or fishing is somewhere else is to be determined in the land management plan. COMMISSIONER COYLE: Yes. I understand and fully agree with that. MS. MAC'KIE: And in the interest of total honesty we have recognized that the unmet need is likely to be the off-road vehicle recreation. That's why 640 acres, the square mile of land, was brought to the table to try to address that. There's not any, there is no possibility that there will not be human access to this property. COMMISSIONER COYLE: Other than by swimming, right? MS. MAC'KIE: I'm sorry? MR. MUDD: Other than by swimming. COMMISSIONER COYLE: In ways other than by swimming, right? MR. MUDD: Can you get there other than by swimming there? Page 188 July 29, 2003 MS. MAC'KIE: Yes, sir. You can get there by foot. Nonmotorized access can be guaranteed. COMMISSIONER COYLE: All right, that's helpful. Commissioner Henning, to answer your question, I'm at least willing to proceed on the basis of the record that has been established today. And I think we've got a pretty good deal here and I don't think it's going to get any better. I think we will actually do a disservice to the residents if we carry this thing into court, and I don't think that we will get nearly as much for them as we can get out of this particular Memorandum of Understanding. CHAIRMAN HENNING: Well, let me go down the line and see how the other Commissioners feel. I would like to, it sounds like we're going to put some language in there as far as recreation, and if we can also put in there the Division of Forestry will ask for the assistance of the Collier County Commissioners for their input for a recreation plan. COMMISSIONER COYLE: I understand. I think that would be great. CHAIRMAN HENNING: The other thing is, I'm very concerned about emergency access for the needs of the northern Golden Gate Estates people. I've seen the outline, I have had representation from the Estates Civic Association and the Fire Department. What I would like in this agreement is unfettered access to those gates on 1-75 and Everglades Boulevard. MS. MAC'KIE: By the Fire District? CHAIRMAN HENNING: No. For the Fire District. MS. MAC'KIE: We don't have the right to make that concession. CHAIRMAN HENNING: Okay. You mean the environmental agency within the State of Florida. Okay. This agreement is -- UNIDENTIFIED SPEAKER: That gate is the Florida -- CHAIRMAN HENNING: You'll have to go to the mike, sir. Page 189 July 29, 2003 UNIDENTIFIED SPEAKER: The gate that you're referencing CHAIRMAN HENNING: You'll have to go to the mike, sir. MR. GRAHAM: My name is Hank Graham, Division of Forestry. The gate you're referencing is the Florida Department of Transportation gate that was added back in '98 during the bad wildfires. They added that gate for emergency purposes. Only the Florida Department of Transportation has any access rights to that, they must open the gate for us. That's a gate that wasn't there prior to '98, was added in '98, just a gate added between the barriers, the concrete barriers. CHAIRMAN HENNING: Okay. Thanks for your clarification. This agreement is between the Governor and Cabinet, Board of trustees, South Florida Water Management and Big Cypress. So the Governor and the Cabinet has input on this issue. MS. MAC'KIE: They said, of course. CHAIRMAN HENNING: And I need your help, Pam, on this. MS. MAC'KIE: Absolutely. All right, tell me what it is, because if it's a health and safety issue you're going to get all of the attention and all the agreement you could possibly need. CHAIRMAN HENNING: I want the EMS and Golden Gate Fire District to have a key to that damn gate in case they have an emergency in the lower Golden Gate Estates, that can be accessed. MS. MAC'KIE: Mr. Chairman, I can commit to making, personally making phone calls, encouraging others to, and to do everything we can to get that, to use this partnership as -- and frankly, the partnership that you've developed with the Secretary of the DEP, I'm confident he would respond favorably to your phone call on that. CHAIRMAN HENNING: I know, but that's not the decision-making body that needs to give that direction. It's the Governor and the Cabinet. Page 190 July 29, 2003 MS. MAC'KIE: That's right and I will pursue that with all deliberate speed. CHAIRMAN HENNING: Commissioner Fiala. COMMISSIONER FIALA: Yes. I think this MOU is important for us. It's our first step toward protecting our future water source and it's also to protect the fishing industry as well as the estuaries. I mean, we're going to have to think of all of these things. So I'm definitely in favor of moving forward with it, but as we move forward with it I would like to continue the negotiations so that we have access to the site, we negotiate continued access to this land. People shouldn't just be robbed of their recreation at all and I know you have that worked into a plan. The people in the community should be allowed to be a part of that -- those proceedings as well as, as Commissioner Henning said, to continue to negotiate access. That's a must for health, safety and welfare. I mean, we cannot overlook that. So I say move forward. CHAIRMAN HENNING: Mr. Petit. MR. PETIT: I just want to clarify. I think Mr. Tears gave me the answer to this, but I want to make sure that the Board -- I think we heard it but I want to make sure it's on the record. My understanding is that, as far as Miller Boulevard goes, there's a certain point somewhere just below this, where Sabal Palm comes over, and we are going to remove the asphalt and in fact have an at-grade dirt trail, if you will, or dirt path, not a lime rock road; is that correct? MR. TEARS: It will be placed at natural grade. MR. PETIT: At natural grade, and it will not have any kind of MR. TEARS: Just past Sabal Palm. MR. PETIT: Okay. And the issue is with respect to that, there's two kinds of access we can talk about. A lot of emphasis is on access of use to the area where the project's going to go on. Page 191 July 29, 2003 We still have, and make sure the Board heard this today, that there are at least two property owners that I've worked with over the years in the Miller Boulevard extension issue, Mr. Door and Mr. Nobel, who are south of that area, who I think will have access issues to get to the property where I think they, at least Mr. Nobel lives at this point in time. And so I think that's an issue that's going to need to be considered, at least I want to make sure the Board is aware of that issue. It's a different access issue than the access to the use of the property. MS. STARNES: Janet Starnes, South Florida Water Management District. We agree, we understand that that is an access issue that we need to deal with for both of those property owners. And that's why when -- earlier when we said we'll take the "draft" off the map, we didn't want to limit ourselves to just what's on that map. If there's, if we determine that we need to maintain Miller at above grade for that access in the future, and we're still making that determination, that has not been made yet, then we want to be able to adjust the map, we want to be able to do that and not be restricted by this agreement to not being able to accommodate that access, and we recognize that access problem and we are working with it. MR. MANALICH: The other comment I would have, Mr. Chairman, is in the event of litigation, and we've heard discussion about the potential for that, the current agreement mentions that litigation would be filed in Miami in federal court or another circuit, and I think the state is willing to have that read our circuit or the middle district, which is our federal district, so any litigation would be here as opposed to another location. MS. MAC'KIE: The state and Water Management District lawyers will be very grouchy at my agreeing to that, but nevertheless Page 192 July 29, 2003 it. MR. MUDD: That's okay. Ramiro could be the one that hears MR. MANALICH: I doubt that, I will hear about it. MS. MAC'KIE: You will hear about it. And hopefully there won't be a case, that's what we all hope. CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER HALAS: Just to clarify some areas of concern that I have. In regards to the gentleman that spoke and he's at 124th. CHAIRMAN HENNING: Mr. Nobel. COMMISSIONER HALAS: Yes. How are you going to address that issue? MS. MAC'KIE: That's the one that Ms. Statues just referred to that if it's determined, and it sounds like the facts speak to this, that he does not have adequate access under the plan that I have shown you today, we will raise the roadway adequately to allow him access. We will not leave him without access, that's illegal and immoral. COMMISSIONER HALAS: And it's my understanding that the only residents that are going to be in that area are going to be located in the northwest quadrant comer, it that correct? Off of 52nd heading west; is that correct? MS. MAC'KIE: Yes, sir. COMMISSIONER HALAS: Okay. What about the mining operation that's presently out there, the fishing deal, what's going to happen with that? Jesse Hardy, is that the gentleman's name? MS. STARNES: You mean Mr. Hardy's property? COMMISSIONER HALAS: Yes. MS. STARNES: It's my understanding that the Florida Department of Environmental Protection is continuing to negotiate with him concerning his property and I am not, I do not know exactly where that negotiation stands. COMMISSIONER HALAS: Okay. So that property is also Page 193 July 29, 2003 going to be part of the reclamation. MS. MAC'KIE: Yes, sir. The question is at what point will we actually -- will the state acquire that land and under what conditions. COMMISSIONER HALAS: Okay. Now the other issue is that the southern end of Miller Road where it attaches to 41, that is not going to exist at all whatsoever; is that correct? MS. MAC'KIE: That's correct. COMMISSIONER HALAS: Now, why -- in the discussions today this had an effect on Marco Island. Can you refer to me how this has an effect on Marco Island as far as evacuation? I haven't figured that one out yet. MS. STARNES: Commissioner Halas, that was not a comment that we made, that was a comment the public made. There will be no effect on Marco Island from this project at all. COMMISSIONER HALAS: That's what I couldn't understand when this came up in discussion so I just wanted to find out if there was any way that it was tied in. My understanding is the only access that we have to this land at present is Everglades Boulevard, or the back way through Jane's Way; is that correct? MS. MAC'KIE: That's correct. COMMISSIONER HALAS: Okay. There was other discussion about DeSoto being tied in, and I couldn't understand how DeSoto was tied in. CHAIRMAN HENNING: Well, Commissioner, in northern Golden Gate Estates. COMMISSIONER HALAS: Northern Golden Gate, that's on the other side of 75. CHAIRMAN HENNING: Correct. COMMISSIONER HALAS: it's not tied in that way. MS. MAC'KIE: No. COMMISSIONER HALAS: I was thinking on the south side, Okay. All right. Page 194 July 29, 2003 MR. MUDD: Commissioner, what the statement was, their major route out is basically the Boulevard, and if you have a wildfire in there then the residents have to get out somehow, okay. And what they were trying to get at is, one of their evacuation routes would be through the south and through the south of Golden Gate Estates, and that was the issue that they were bringing up. COMMISSIONER HALAS: And we need to work out this access. MR. MUDD: With the gate. COMMISSIONER HALAS: Not only with the gate, and it needs to be in the MOU, but the long term, and I know Commissioner Coletta is going to be diligent, is to get an access from 1-75 to Everglades Boulevard. If everybody will assist. MS. MAC'KIE: I hope, and I'm confident that you've shared with the rest of the Board members, the letter from Secretary Struhs. That is phenomenal to have a letter from the chief environmental agency of the State of Florida saying we will not object to that intersection. That cannot -- I didn't think that could happen but I was wrong, it did, and Mr. Henning was able to make that happen. MR. MANALICH: Mr. Chairman-- COMMISSIONER HALAS: And it -- MR. MANALICH: Sorry, Commissioner. COMMISSIONER HALAS: I would just like to finish up that this is probably one huge step forward that Collier County is going to take here and hopefully we can resolve a lot of the problems that have come up in this discussion. But I think this is a big step forward and I think that all of the eyes of the nation are going to be on this County in regards to what we're doing towards mankind. And I know I've heard a lot of discussion that we're not taking into effect the human element, but we really are because we are on this planet all together and there are things that we have to do to hopefully make this thing a better place, not only for us but our Page 195 July 29, 2003 great-great-grandchildren and also for the people that will be visiting Collier County. And I think we'll probably see a huge amount of outpouring of citizens throughout the United States that will probably come to this area just to see the reclamation of all this land, and the Everglades, and the flow rates. MS. MAC'KIE: All over the world, sir. We find that people are already coming from all over the world to observe the restoration plan and process. It is something to be associated with and hopefully Collier County is going to be right out front. MR. MANALICH: Mr. Chairman, if I may just for a moment, and I appreciate Ms. Mac'Kie's patience on this. I just want to follow up on Mr. Petit's point that is, in talking, following up on Mike's question about the two property owners whose access was questionable, I was talking to, A1 Perkins was telling me there are many more families that may be similarly situated. I don't know directly the facts on this, my only question is, is the intent of this legal framework and this document that, through the access plans that's depicted in this drawing that not only those two property owners that Mr. Petit mentioned but the others will -- the intent here is to try to make sure they have access to their properties through this depiction? MS. MAC'KIE: The law requires for residential, primary residences to have access. I cannot tell you that everybody who owns a vacant piece of land and goes out there with a tent will have access. I can, however, tell you that if people own property and they use it as a residence, then we reserve the right to amend the plan, the road plan, to allow them access because we commit that there will be access either through this roadway or through some other-- MR. MANALICH: For residences? MS. MAC'KIE: For residences. MR. MANALICH: And that's the intent here and that's why Page 196 July 29, 2003 you want MS. MR. record of MR. the flexibility in the depiction on the map. MAC'KIE: That's exactly right. MANALICH: I think you have that as a commitment of intent. MUDD: But Ramiro, we could add some kind of verbiage, two lines or whatever, to the Memorandum of Agreement that says some guarantee that you have access for, let's call them unwilling sellers, or ones that aren't condemned that the Governor comes up with an agreement, for instance, the gentleman in the donut. MS. MAC'KIE: These are outside of the project, these are properties outside the project boundary. Is that right, Janet? These are outside the project boundary. MR. MUDD: I understand, you didn't let me finish, ma'am. Unwilling sellers within the project and, for instance Mr. Door and other property owner that uses Miller Boulevard south in the issue. And we can, and we can draft something in there that makes sure that we have got some record of that particular case. CHAIRMAN HENNING: It was agreed early on that anybody that had historical easements or access to their property was, in this project that you were going to allow -- MS. MAC'KIE: To their residences. CHAIRMAN HENNING: No. People's property. That's what was stated before and that's what I remember. Historical access to people's property, that's one thing that was brought up -- MS. MAC'KIE: I don't even know if there are, I mean -- guys? UNIDENTIFIED SPEAKER: If there's private land down here, and then it skips down to 124. MS. MAC'KIE: And so how will they get access to their land? Their access to their land will be over natural grade not improved roads. Residences, primary residences get improved roadways, others get natural grade. CHAIRMAN HENNING: Okay. Commissioner Halas. Page 197 July 29, 2003 COMMISSIONER HALAS: I have one last question. The residents that live there, do they, what's the deal on that, how long do they live there for? MS. STARNES: I think the reality is, because I don't know exactly what parcels you're talking about or exactly where they are located, what we probably need to do is sit down all of us together, look at where those exact parcels are, and then we can work out whatever is going to work in terms of access. I just, right off the top of my head I know a lot of folks' access off of Sabal Palm, Miller will be above grade to Sabal Palm so that's not an issue. I think it's everything south of Sabal Palm that may be an issue, so I just need to look at the exact parcels we're talking about. I just don't have a map in my head that I can do that. COMMISSIONER HALAS: What I'm getting at is, do the people that are going to be considered permanent residents, are they there for a 99-year lease, or is the property going to stay in the family forever, or how does that work? MS. STARNES: I don't know what parcels you're speaking to. COMMISSIONER HALAS: Well, we're talking about in the glades ares, the northwest quadrant where the people presently live there. MS. STARNES: The Belle Meade area. COMMISSIONER HALAS: Right. Are they going to leave that, is that property going to be in the hands of ownership to the family, or do they have the option to sell to you at some time? MS. MAC'KIE: We aren't trying to buy that property. CHAIRMAN HENNING: That is not eminent domain, that is a willing seller program. MS. MAC'KIE: Exactly. Right. So nobody is forcing those people in Belle Meade to sell their homes. COMMISSIONER HALAS: Just so everybody understands what page I'm on here, when you pass over Everglades Boulevard Page 198 July 29, 2003 and you go down to 52nd Boulevard, I think it is, you head west, isn't that part of the restoration project? When you come across Everglades Boulevard-- MS. STARNES: Down Everglades Boulevard. COMMISSIONER HALAS: Down to about 52nd or something of that nature, which is way up in the corner, and you go west. MS. STARNES: Go west. COMMISSIONER HALAS: There is a group of people that live there that's a residence. Now, is that -- MS. STARNES: You mean in the Belle Meade area not in the southern Golden Gate Estates proper. COMMISSIONER HALAS: Exactly. MS. STARNES: Correct. Now I understand what you're speaking to. COMMISSIONER HALAS: That's not part of this whole project. MS. STARNES: The Belle Meade area is not a part of the southern Golden Gate Estates project. CHAIRMAN HENNING: Okay. Time? So what I hear was some amendment to the MOU. We can move forward with this and we need to call for a vote on it, correct? I don't know who is talking but if we can keep it quiet. Thank you. And I think we need to think about it, since the only thing we're getting is PILT, money in lieu of taxes, because this land is gone and PILT money is piddles (sic), as far as I'm concerned. In case of a fire or emergency down there, how is the state going to, or the agency going to reimburse the local emergency services for their time spent of fighting a fire or rescuing a person? So that's something that needs to be contemplated when we come back. MS. MAC'KIE: Okay. CHAIRMAN HENNING: Commissioner Coyle, do you have Page 199 July 29, 20O3 anything else to add? COMMISSIONER COYLE: No, that's it for me. CHAIRMAN HENNING: With all the amendments to the MOU, I'll entertain a motion at this time. COMMISSIONER COYLE: So moved. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: There is a motion and second. Any further discussion? Commissioner Coletta. COMMISSIONER COLETTA: Yes. Thank you very much for the opportunity. I appreciate the efforts of my Commissioners to try to cover all of these subjects in enough detail and clarity so that we can assure the traditional rights however, I think we're falling a I'm not going to be able to of the people to use the area, little bit short. support this, to be honest with you. understand the process, I just, I will be very diligent in trying to recover what I can through the process as we go into the plan that's going to be there for the recreation and the ATV lands. I plan to be very much involved with it, but at this point in time I think that we're a little bit faster on the draw than we should be and it should have gone back for more consideration, but the will of the Commission being what it is. Thank you. CHAIRMAN HENNING: Okay. Anything else? Seeing none, all in favor of the motion signify by saying aye. COMMISSIONER FIALA: COMMISSIONER HALAS: COMMISSIONER COYLE: Aye. Aye. CHAIRMAN HENNING: Aye. Opposed? COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Commissioner Coletta dissenting. I want to thank the public for giving us some guidance today. Page 200 July 29, 2003 We're going to take a ten minute break. (A recess was taken.) CHAIRMAN HENNING: Everybody take their seats, please. Item #8B AND Item #8C RESOLUTION 2003-255 REGARDING PETITION DRI-2000-01 FOR DEVELOPMENT ORDER 2001-01-ADOPTED WITH STIPULATIONS; ORDINANCE 2003-40 REGARDING COMPANION ITEM PUDZ-02-AR-2841 - ADOPTED WITH STIPI JI~ATIONS The next item is 8B. This item was supposed to be heard at 3:00. It requires all to be sworn in who is going to participate in the discussion and the Commissioners to provide ex parte communication. This is Petition DRI-2000-01 Richard Woodruff of Wilson Miller Incorporated, representing U.S. Home requesting approval of a development order for the Heritage Bay Development of Regional Impact (DRI) to allow for 3,450 residential dwelling units, and 200 assisted living units, and some golf and other related facilities. Would you all rise for the court reporter to swear in the participants. (Witnesses sworn.) CHAIRMAN HENNING: Thank you. Ex parte communications starting with Commissioner Halas. COMMISSIONER HALAS: Yes. I did have both E-mail and discussions in my office with the people involved in this. CHAIRMAN HENNING: Commissioner Fiala. COMMISSIONER FIALA: Oh, I have had a lot of discussions and many meetings. I could name all of the people but I have a few things here in my packet that tell you who I've been with and so Page 201 July 29, 2003 forth. I've also been meeting with other people outside of the developer's representatives. CHAIRMAN HENNING: Commissioner Coletta. COMMISSIONER COLETTA: Yes, I've met numerous times with the representatives of the petitioner and the petitioner himself, taken him to a number of local civic association meetings where they made their presentations. Talked with people on the Planning Commission to find out what the result was, received E-mails, phone calls, just about anything you can imagine. Numerous things. CHAIRMAN HENNING: Commissioner Coyle. COMMISSIONER COYLE: I have met a couple of times with representatives of the petitioner and had a brief telephone conversation concerning the opportunity to obtain some water wells for the County on that property. And that's been the extent of my discussion. CHAIRMAN HENNING: My ex parte communication is in the file, on the Heritage Bay file, and also, I know it's not in there is, I'm a member of the Southwest Florida Regional Planning Council which is the council that hears this item. COMMISSIONER COYLE: And I have to add that to my disclosure, too. CHAIRMAN HENNING: Okay. I asked the applicant to step forward and present what they need to today. Thank you. MR. ANDERSON: Thank you, Mr. Chairman. For the record my name is Bruce Anderson. I'm pleased to represent U.S. Home Corporation, a builder of quality residential communities in Collier County for more than 20 years. I would like to clarify that the public hearing has been opened on both the PUD and DRI; is that correct, in order to save time? That would be items 8B and C. MR. MUDD: 8B is the DRI, sir, and 8C is the PUD. CHAIRMAN HENNING: Is that okay with our legal staff?. Page 202 July 29, 2003 MR. MANALICH: Margie, if you want to approach the podium. MS. STUDENT: Yes, that's fine. We typically take companion items together in the interest of time. I just want to make sure that, I think it's obvious that everyone was sworn in and the disclosures were made for both items. MR. MUDD: When the Board votes they take the items in order, DRI first, then PUD. Two separate votes. CHAIRMAN HENNING: So we are hearing 8B and 8C at the same time. MR. MUDD: Correct. For the information, that's correct. MR. MANALICH: Mr. Anderson, is that suitable to you? MR. ANDERSON: Yes, sir. Yes, sir, that's fine. I have one housekeeping item for section 3.3 of the PUD, to list multi-family low rise dwelling units as a permitted use in areas designated R-1, that's in order to make that section consistent with Table One of the PUD which lists, in fact, lists development standards for this kind of dwelling unit in the R-1 areas. It's a typo but it was left out. I'll give you a big picture overview to the project and after that we'll open it up for any specific questions. Some of you will remember reviewing this project twice before at hearings when a very site-specific growth management amendment was brought forward for this property. The DR/and the PUD have been determined to be consistent with the growth management plan by your staff and southwest Florida Regional Planning Council, the Collier County Planning Commission, and the Collier County Environmental Advisory Council have all unanimously recommended approval of the Heritage Bay project, as does your staff. My client is in agreement with all of the stipulations from these four groups. The Assistant County Attorney, Marjorie Student, has Page 203 July 29, 2003 asked us to do some legal tweaking to the DRI development order resolution which we have agreed to do. The only substantive change is to replace the language regarding affordable housing with the affordable housing commitments that we arrived at in meetings with County Housing Director Cormac. That same change would be made to the PUD, briefly summarized U.S. Home has offered to construct on PUD lands at least 106 for sale town homes to provide work force housing and to donate $475,000 to Habit For Humanity to buy land across from Immokalee Road to provide low income affordable housing. That's one option. The other option is to simply construct between 350 and 400 for sale condominium units on that same property where the town homes would go within the PUD, that would be without any contributions to any other group. So those are the two options for you to consider. To the best of my knowledge, this is the first and only project in this County to offer up housing commitments like these and there is no law that requires it. The Heritage Bay project is 2,562 acres. It's presently an earth mining site. All this information is included in your executive summary so I'll try to skip over some of those things. I'll be happy to elaborate if you wish. The maximum number of homes to be built on this 2,562 acres are 3,450 dwelling units and up to 200 assisted living units. That equates to a density of 1.35 homes per acre. Building heights have been capped at 65 feet throughout the project except for the northern end of the largest lake. CHAIRMAN HENNING: Up there. I got it. MR. ANDERSON: Where building heights would be allowed to 100 feet and, as presented and considered at the Planning Commission hearing, Dr. Woodruff has conducted a view plane study from the intersection of Collier Boulevard and Immokalee Road and other locations along Immokalee Road, and demonstrated Page 204 July 29, 2003 that none of these 100-foot buildings will be visible from Immokalee Road. The project utilizes a number of smart growth concepts which are outlined in your staff reports, such as clustering of dwelling units away from conservation areas and the village centers that are interior to the project that will offer convenience commercial uses to the residents in order to keep them off public roadways. This project also features internal access to the activity center so that residents of Heritage Bay will not have to travel out on Immokalee Road to shop for their every-day needs. Approval of this development will provide real and substantial public benefits. And I'll highlight for you and for members of the public that might be here interested in this. When it comes to the County's road system my client has stepped up to the plate to accept responsibility for much more than the law requires. They have agreed to dedicate 100 feet of right-of-way on their property from the intersection of Immokalee Road for a distance of about a mile and a half up north to where the conservation area begins. This dedication would be eligible for impact fee credits under your ordinances, however, my client has offered to give the right-of-way without any impact fee credits. The value of this right-of-way donation is $2.89 million. Also, if the County acquires some needed right-of-way at the intersection of Collier Boulevard and Immokalee Road that is not controlled by my client they will construct for a distance of half a mile from that intersection a two lane arterial roadway, again without any impact fee credits for construction, which they would otherwise be eligible for. The estimated value of this construction is $812,000. These donations along the potential future 951 extension total $3.7 million. Also on the issue of roads. My client has agreed to prepay to the County $5 million in road impact fees in order to expedite the six Page 205 July 29, 2003 laning of Immokalee Road between 1-75 and the eastern boundary of this project. Providing this money up front and early to the County will provide a six lane road much earlier than planned and before it is necessarily needed. And the public will be inconvenienced by construction only once. Now you can explain until you're blue in the face, and I've done this, that not all of the homes are going to be built immediately in the first couple of years. But it seems that you still have trouble convincing people. So to prove that point, and as additional mitigation for roads, my client has agreed to a hold-back on 25 percent of the dwelling units, excluding any work force or affordable housing units on site, until the County Road 951 extension question is decided one way or another, or July 1, 2008, whichever occurs first. U.S. Home has also agreed to donate 7.7 acres of land adjacent to the activity center to the County, again without impact fee credits, for the County to use as a satellite government center including EMS, sheriff's substation, fire station, well site and utility pump station. The estimated value of this donation is $2,690,000. With regard to parks and recreation, my client has also agreed to pay up front its regional park impact fees in the amount of $2.8 million in order to allow the County to buy land at today's prices before they continue their upward spiral. When impact fees are increased my client must still pay the increase difference when building permits are applied for. In addition my client has offered to donate just over $700,000 to the County for use in developing regional park facilities. These public benefit commitments total more than $7 million in outright donations, beyond the mitigation of the project's impacts and there is an additional prepayment of $7.8 million of impact fees for roads and parks. Schools have not been left out of the equation either. U.S. Page 206 July 29, 2003 Home has also agreed to prepay a portion of the project's school impact fees. Although the exact amount has not been finalized it is estimated to be $1.7 million. At the request of County Manager Mudd my client has also agreed to allow the County to have up to six well field sites containing up to 12 wells at agreed upon locations within the development. The agreed upon language and the maps for the wells would be added to section 2.22 of the PUD. With that I will stop talking, and take a breath, and I or members of the consulting team would be happy to answer questions that you may have. Thank you very much. MR. MUDD: Did you mention that you were not going to have any median openings any shorter than a half a mile? MR. ANDERSON: No, I did not mention that that is in, I believe, the staff report and it is in the PUD. MR. MUDD: And they will not have any right-ins right-outs any shorter than a quarter of a mile from that key intersection. Just so you know, Commissioners, they are not going to be looking for lights and we made sure they were far enough away from the key intersection of 951 and Immokalee Road. CHAIRMAN HENNING: I want to commend Commissioner Coletta for his due diligence in making sure this project goes above and beyond what they are legally bound to, and I know he's spent a lot of time with this in -- with the community. So thank you, Commissioner. COMMISSIONER COYLE: Thank you. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Just a couple of fast questions, now they're easy. First of all I wanted to tell you one of my problems before, you know the last couple months has been, I have been very concerned about the traffic generated and about the road system. And I knew that they were going to be enabling us to build this road, but I Page 207 July 29, 2003 was still very concerned until -- they have offered to build, on their own they have offered to build 400 affordable housing units, they have worked with Cormac Giblin on that which means that those are people that can remain right there, go to work right on the property, and that's less traffic generated onto the road. And I just, I'm very, very pleased with that, I can't tell you how much I appreciate that. A couple of my questions, though, let me get on to them. In here you mentioned-- we were talking about stormwater management and so forth, and yet there is a provision in here that nobody would be allowed from the County on the property. I just wanted to clear up how the stormwater management system would be maintained and who reports to whom. MR. ANDERSON: Okay. MR. MUDD: And in particular, Bruce, that statement is made underneath the park and recs piece. MR. ANDERSON: That reference to no access is for recreational purposes. COMMISSIONER FIALA: Okay. MR. MUDD: If that's what it is for then it needs to be specifically stated such so that it's very clear. MS. STUDENT: Okay. COMMISSIONER FIALA: Well, it says for any purpose whatsoever. MR. MUDD: Ma'am, that's underneath the part where they were talking about parks and rec, I went back and read -- COMMISSIONER FIALA: Yes, but, you know, "for any purpose whatsoever" doesn't just mean parks and rec. MR. ANDERSON: We'll say, "for any recreational purpose whatsoever". COMMISSIONER FIALA: There you go. Now we've solved it. Okay. Let's see. I think there are only a couple of other things but they are also minor. Page 208 July 29, 2003 CHAIRMAN HENNING: Are you in the PUD or the DRI? COMMISSIONER FIALA: 'I have just been in the DRI, now I'm in the PUD. Let me just see. I think I might have had most of my questions answered already. Oh, yes. The final thing is, just to clarify, we were talking about the housing, the affordable housing component and in here it said, and we've already spoken of this, I just wanted it on the record, prior to final Certificate of Occupancy for the development, and what concerned me was before you built the last house you didn't have to build one house of affordable housing. Could you clarify that for us? MR. ANDERSON: Yes. I would be most happy to. The Planning Commission, as part of their recommendation, and they conducted a 3 hour hearing on this, they asked that we, at a minimum, phase in the affordable housing units one-third, one-third, one-third, as the project progressed. And we have certainly agreed to do that and we've also added language that makes clear that if they want to build them sooner than that, that that is allowed as well. COMMISSIONER FIALA: That's all of my questions. CHAIRMAN HENNING: Okay. Commissioner Coletta. COMMISSIONER COLETTA: I wanted to thank Bruce for his immense patience in working with me on this -- COMMISSIONER FIALA: I second that. COMMISSIONER COYLE: I think there were times when he wanted to throw his hands up and leave it all behind. I think we covered about everything. COMMISSIONER FIALA: Yes. COMMISSIONER COYLE: We have been through this thing so many times that I think I could rewrite it from memory. I will leave it to whoever else wants answers. CHAIRMAN HENNING: Commissioner Coyle, do you have any questions? COMMISSIONER COYLE: This ear bud is really bad, Page 209 July 29, 2003 Commissioner Henning, I'm not sure if I caught a description of the agreement that has been reached with the County staff concerning wells on the property. CHAIRMAN HENNING: Commissioner, Manager Jim Mudd gives the thumbs up on that. COMMISSIONER COYLE: Okay. So everything is okay there? CHAIRMAN HENNING: Yes. MR. MUDD: Yes, sir. We've gotten six well sites and three potential other ones that are there pending our permitting process, so we're good to go as far as the well fields on the property are concerned. COMMISSIONER COYLE: Okay, good. Thank you very much. CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER HALAS: Could you -- a couple of things I would like to have you touch on, and that is the affordable housing or work force housing. Was there a time frame that your were going to have this available and then if those homes were not built then, or sold -- MR. ANDERSON: Yes. COMMISSIONER HALAS: -- then that was going to be put on the open market, is that my understanding? What is the time frame on that, could you stipulate that? MR. ANDERSON: Yes, sir. I'll read from Option 2, which reads the same as Option 1 with regard to the conditions that you're inquiring about. Construction of a minimum of 160 townhouse units and a maximum of 190 townhouse units to be offered for sale to persons meeting the Collier County affordable housing guidelines for 80 percent moderate income level for a period beginning with the issuance of the building permit and continuing through 30 days after the Certificate of Page 210 July 29, 2003 Occupancy for the building. Also from the date of the Certificate of Occupancy, the developer shall offer the remaining units to the County or its designee for purchase for a period of 45 days, after which time any unsold unit may be sold at market rates. COMMISSIONER HALAS: So you're saying that we've got 75 days from the time that those are open for occupancy for somebody to purchase them at a reasonable rate that would be considered affordable housing; is that true? MR. ANDERSON: No. It's 30 days for anybody. The county has 45 days, which includes that 30 plus another 15. COMMISSIONER HALAS: So you're saying these are only going to be on the market then for 30 days. MR. ANDERSON: No. They are on the market from the day the building permits are issued. COMMISSIONER HALAS: Okay. MR. ANDERSON: I mean, that's how they market their normal homes. I mean, you start selling sometimes even before then. COMMISSIONER HALAS: Then 30 days after -- MR. ANDERSON: The Certificate of Occupancy. COMMISSIONER HALAS: So if they are not -- if in that time frame from the time that they review or issue the building permit for it to the time it was completed, you have 30 days after the completion of that to buy that piece of property; is that correct? MR. ANDERSON: Yes, sir. COMMISSIONER HALAS: So that could be anywhere in a time frame of four months to eight months; is that about right? MR. WOODRUFF: Good afternoon. For the record, Richard Woodruff. The buildings that we are proposing to build here we would project that it would take something in the vicinity of 120 days to construct the buildings. COMMISSIONER HALAS: 120, okay. MR. WOODRUFF: So what you're looking at in general terms, Page 211 July 29, 2003 assuming that every month has 30 days so we'll set aside those odd ones, you're looking at four months plus the additional 30 days. The marketing plan that U.S. Home will use will be the same marketing plan that they have used successfully for this product in the Orlando area. We believe that that will result in a good market, a good marketing of the project for approximately 150 days before they would be eligible to sell them on the open market. Talking to Cormac Giblin, your housing director, he does believe that the townhouse unit is the better unit to build there and that is has a good market. COMMISSIONER HALAS: When you say "townhouse", how many stories is this going to be, two? MR. WOODRUFF: As you're aware there are two options that the Commission has. Under the townhouse option those are two story buildings and you would own a unit that has a ground floor with certain living amenities and a second floor with other living amenities. No one would live above you in that concept and you would own title to the property from wall to wall. COMMISSIONER HALAS: Okay. Now the other -- COMMISSIONER FIALA: That's on the 120 units, right? MR. WOODRUFF: That is on the 160 unit to 190 unit plan. COMMISSIONER FIALA: But on the 400 unit plan? MR. WOODRUFF: The other option which we have talked with U.S. Home about doing, because Commissioner Fiala has said that she would like for us to put as many units as possible on the product -- on the project, what we have looked at is a different product. That product would be a condominium product. Those buildings would stay within the 65-foot cap but they would be multi-story buildings in the form of three, four, possibly five-story buildings, still under the 65-foot cap. Under that option it is possible, because now you're stacking units taller, that you can then obviously get more units per lot Page 212 July 29, 2003 coverage, and you could get as many as 400 units. In that case those units would be more of a conventional apartment even though they would be a condominium, where it would be a horizontal living area rather than a vertical as the townhouse gives us. COMMISSIONER HALAS: And what are we talking about as far as each one of those apartments or whatever; what would be the square footage of those apartments? MR. WOODRUFF: First of all they would be a combination of bedrooms. In the affordable house market we would need to look at the ability to service the single person who is a nurse, or firefighter or whatever who does not need more than one bedroom. We would also have multiple plans that would show two bedroom, possibly three bedroom -- I don't believe we have a mix for four bedrooms, do we, Mike? So there would be one, two and three bedroom apartments. COMMISSIONER HALAS: So are we looking at 500 square feet to 12 to 1,500 square feet? MR. WOODRUFF: Let me get that answer for you. COMMISSIONER HALAS: Okay. The other thing that I would like to address is, when you said that the area out in front of Immokalee Road, where you are going to build those buildings, and they are going to be capped at 65 feet, when we take into FEMA and everything else, what is the real height of those buildings going to be? MR. WOODRUFF: The definition that is in the Planned Unit Development is the same definition that is in your current Land Development Code. What that says is that you begin to measure that distance from the finished floor, therefore if you were to put in, and let's just pick a number, if you put in 5 feet of fill from the existing dirt that's out there, then you're actually looking at 5 feet of fill, that's where the point would begin and you would go 65 feet. COMMISSIONER HALAS: We are not looking at 5 feet of fill Page 213 July 29, 2003 and then parking under the structure and then going up, are we? MR. WOODRUFF: No, sir, you are not. Let me answer that very clearly this way. We have a building envelope of 65 feet. If we chose to put parking on the first floor, then the height of that parking consumes part of the 65 feet, it doesn't move the distance of that 65 feet upward. COMMISSIONER HALAS: Well, in some cases it has, and that's why I wanted to get a clarification. Sometimes on a PUD it comes in where it says it starts at the first occupant level and you may end up with one story of parking or two stories of parking. That's why I wanted to get a clarification to make sure that everybody -- and get it on record exactly what we were talking about. MR. WOODRUFF: Let me see ifI have an answer to your question, sir. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: And while Mr. Woodruff is getting that answer I would hope the Board of Commissioners would go with the option of the affordable housing from 160 to 190, because that's going to provide a quality of life of townhouses instead of tenements, you know, four or five story condos. And it's a quality of life issue, besides I think there's a partnership with Habitat and I know that this Board is committed to Habitat. And I think that it would just be overall a great quality of life for everybody. Mr. Woodruff. MR. WOODRUFF: Mr. Chairman, if I may. The answer to your question is the smallest unit would be about 1,000 square feet, if you have the second and third bedroom, those would go up to about 1,300 square feet. So we're certainly not talking -- I believe you used a number of 500 square feet -- we would certainly not be talking anything that small. COMMISSIONER HALAS: Okay. MR. WOODRUFF: Thank you for your courtesy. Page 214 July 29, 2003 CHAIRMAN HENNING: Commissioner Fiala. COMMISSIONER FIALA: Yes. Let's talk about that a little bit. We're just talking about this now, we're accommodating work force in the area and that's a wonderful thing. MR. WOODRUFF: Right. COMMISSIONER FIALA: Habitat is just going to be buying across the street and they build for a different level in that work force, which is also a great thing, and they are going to be close enough where the streets won't be impacted that much, that's a good thing. I would love to see, if we had townhouses, a few more. Maybe we just go like 250 or something or 300, and then, rather than the 400 as you were saying you were worried about tenements, well it just depends on what kind of, you know, who is managing it and how they build it, you know, and I don't think anything in front of U.S. Home would ever be a tenement just because of the quality of people that you're talking about here. So I'm not concerned about that, but if you're concerned about the type of a living structure maybe we could reduce them a little bit and offer something to Habitat as well, so that maybe it wouldn't be 400, maybe it would be 300 and offer something to Habitat to accommodate the other. What do you think? CHAIRMAN HENNING: My concern, Commissioner, is you only have so much land being allotted for affordable housing and then the partnership with Habitat for Humanity. If you want townhouses you can only squeeze so much in there. If you want more affordable housing units, then what Mr. Anderson was saying is you're going to have a condo style building -- and in my opinion that's a tenement, and that's why I just brought that word out. I would like to see, for the quality of life of our work force, not that type of product but a townhouse. And then, Habitat, we all know what they provide. So if we try to squeeze more affordable housing we are going to have to go to that condo style building instead of a townhouse. Page 215 July 29, 2003 COMMISSIONER FIALA: But I don't know how many can fit on 60 acres of a townhouse type of a product. They have 60 acres, and by the way in the 60 acres that they are offering for this, I'm looking at our affordable housing guys or our community development guys, because they are going to build a quality product there, they are going to offer amenities and everything. I'm really pleased with what they are doing, I'm just trying to work this out so that it's the best thing that we can do for the whole community without, you know, hurting anyone at all. COMMISSIONER HALAS: I would think a way that we might like to approach this is that, as you brought up, Commissioner Fiala, that what we're trying to, I think, get across here is that we would like to have a neighborhood style of living instead of being in an apartment type of living. And I think that maybe we can come to some agreement here whereby we don't have as many units of apartment style living but more in the line of a neighborhood style of living, of atmosphere. COMMISSIONER FIALA: And I wanted to assert, too, could we somehow make it that we don't have an investor that comes in, buys them all and rents them out, so that they are owner-occupied. I don't know if we want to assert that or not, but I think that -- because we want them to serve the purpose we're building them for. CHAIRMAN HENNING: And if it's affordable housing it has to meet the criteria and it will accomplish that. Commissioner Coletta. COMMISSIONER COLETTA: I would like to have the gentleman come up and address this situation and hear from the expert what he would recommend. You're going to reach a point where it may no longer be affordable. MR. GIBLIN: Thanks, Commissioners. For the record, Cormac Giblin, your Housing Development Manager. I have been in talks with the developer for the past several Page 216 July 29, 2003 weeks and when they initially approached our office it was their intent to build around 350 to 400 condominium style units, and it was actually our direction to try to create more of a neighborhood atmosphere with these townhouse type style duplexes, even single family homes, if possible. We think that reaches our target market of the work force that we are trying to house more adequately than four to five story condominium buildings. The number of units is completely up to the Commissioners, there is no law that says you must do so many units, it is a negotiation give or take between the Commission and the developer. The planning council, the Regional Planning Council recommended that they set aside 60 acres for use for affordable housing purposes. Now, that -- you can translate that into, multiply that by their gross residential acreage to arrive at a unit total, which translates into about 82 units that the Regional Planning Council was requiring them or suggesting that the development include. Both options presented by the development today surpass that recommendation. It is again our feeling that the neighborhood style or community style of work force housing would be much better for your target demographic. In this situation, a two parent household and 2 children and a golden retriever are not going to want to live on the fifth story of some condominium of a development. The townhouse style is much more in line with that kind of lifestyle. One caveat, we agreed, or we suggested the 45 day priority marketing period to affordable or work force housing buyers based on that neighborhood style of development. We think that the market is there for that style of development in those income ranges. If the unit style agreed on today were to go with Option 1, the condominium style units, you may want to look long and hard at that priority marketing period because, as has been stated today, if the buyers cannot be found and our working families continue, would Page 217 July 29, 2003 rather commute in from Lee County or Cape Coral or wherever they may decide to, after a period of 45 days those units become market rate units and we end up with, in a sense, no affordable housing on site. So you have to try to balance your target demographic with the maximum number of units you can put on the site in that neighborhood style of development. COMMISSIONER COYLE: Mr. Giblin, this original concept came up in a Southwest Regional Planning Council meeting and you brought it forward for everything it was worth. And the concept behind it at that point in time was to provide something that was going to take care of the 600 some people, that would be working in that area. Would what we're talking about meet that need, would they be able to afford to live in these, or are we going to build something that's going to be out of their price range? MR. GIBLIN: The agreement that we have today. In either case, either in the condominium scenario or the townhome scenario, that priority marketing period would be only to low income, or persons, or families at 80 percent or less of the County's median income which is our target work force demographic. MR. MUDD: Unit prices? MR. GIBLIN: Unit prices are not specified. It is only specified that the people who buy them must be income eligible. The units could theoretically sell for $250,000 each if the developer were to find some private foundation grants or zero interest, 50 year loans that would make it affordable to a working family to buy. In the real world we'd be translating it into something in the sub-$150,000 level. COMMISSIONER COLETTA: The way this thing is structured in the 45 day window that we have, is this designed to fail, is there a possibility you can actually find markets for these in 45 days? MR. GIBLIN: That was my caution on the Option 1, the condominium unit scenario. You may be setting yourselves up for Page 218 July 29, 2003 failure for adopting that type of unit structure and the 45-day expiration period. But it's not 45 days, it's from the -- day one that they start marketing them, they could walk out the door today and start trying to market these. They have up to a maximum 45 days after the CO is issued on each unit. COMMISSIONER COLETTA: Can you cut right to the bone and make a suggestion of how this thing can be structured so that we will meet the needs that we are looking to cover and it won't be something that would just become a lost venture because of the fact of the time element entering into it. MR. GIBLIN: I would have to agree with the recommendation which you are heading, and Commissioner Halas, that we should concentrate more on the quality of life issues and the quality of units, and be sure that you're asking the developer to build something that fits in with your target demographic in this income range rather than just be focused on purely the gross number of units, as many as they can fit on there. COMMISSIONER FIALA: So can I say, can I ask, if we built 250 units, but of the quality we're talking about now, that does not accomplish that, but maybe they can donate something to Habitat which then would build for a different part of the market, and so you would have both types there? Is that something that you can do, is that something acceptable? MR. WOODRUFF: Mr. Chairman and members of the Commission, that is really the intent of Option 2. Richard Woodruff for the record. Let me go back and clarify a couple of things and I'm going to give what I think is maybe a good example. The last time I went to buy my beautiful F150 Ford truck I didn't set the price, the company set the price and what I did was try to figure out a monthly payment that I could afford. Well, as Cormac said, that's not the way you calculate who can Page 219 July 29, 2003 live in these units. What we actually have to start off with according to the formula is, what is the income of 80 percent of the median income for Collier County. Once you determine what that is, that is the calculation base that then determines how much you can charge for the unit. So you know, Cormac said $250,000. I can tell you right now he did not mean that. He knows that on the formula today the 80 percent of median income means that these units are going to sell somewhere between 140 and $170,000 depending on which size family you are. Because the 80 percent rule applies to a single person, but it also applies to two people working in the same home, it also applies differently to those two people if they have multiple children. Now it doesn't help if you have a Labrador, that's out. But the formula works from the income to what you can charge, not the other way around. Now the other thing that I do want to clarify, the Regional Planning Council -- I would like to read to you what their recommendation actually was because I want you to understand exactly what we're proposing. "The applicant shall provide a site within the boundaries of the project for development of affordable housing as defined in the Collier County Comprehensive Plan." That's what we're proposing to do. "This site shall be 5 percent of the total developable acreage of subject site or at least 60.6 acres in size with a number of residential units consistent with the land development approval granted by Collier County." Now let's keep reading. "The applicant may reduce the size of the affordable housing parcel if an appropriate number of multiple family units as identified by the County are provided in a mixed use portion of the development." I want you to understand, we are not proposing 60.6 acres. If you go by the first part of this rule what it says is 60.6 acres multiplied by the density of the development, that's 1.35 units per Page 220 July 29, 2003 acre. That gives you 81.81 units. You might as well say 82 units. So under one option we could build 82 units on 60.6 acres. We don't think that's a good way to do it. We think it's better to do the second part. "The applicant may reduce the size of the affordable housing parcel." We are appropriating a parcel that's 26 acres in size. If an appropriate number of multiple family units is identified under Option 1, which is condos, we have site plans that could actually accommodate between 350 and 400 condos on that 26.6 acres. But as Mr. Halas has stated, they go up. The better option which we think, is to build 160 and maybe as much as 190, because we have to finalize the site plan with the County Development Department, to build 160 to 190 town homes on that 26 acres of land. The other part of this that I do want to stress is the second part and that is the donation to Habitat. So what we would ask you to do, and I believe what the staff has also recommended to you, we believe that home ownership is essential, we believe that the townhouse approach is better even though it is a lower number. I can tell you, though, that on that site we can put, we believe, a maximum of 190 units. However, we would want the flexibility, we would pledge to you that if we can get a site plan approved by the County government for 190 units we will build 190. If we can only get a site plan approved for 181 or 178, or any number down to 160, we are guaranteeing 160 and we are saying if we can get you approvals through the staff we'll go to 190. And then of course the donation to Habitat. CHAIRMAN HENNING: And the donation to Habitat will take care of a different sector of needs out there, besides the work force housing that you just described and affordable, and this is even more affordable with what Habitat provides. MR. WOODRUFF: That's a correct statement. CHAIRMAN HENNING: Mr. Halas. COMMISSIONER HALAS: Based on your best guess, if we go Page 221 July 29, 2003 with the second plan of townhouses, what price range are we looking at, because obviously you're building less. So what's the price range, are we still looking at a price range of $140,000? MR. WOODRUFF: $140,000 to $170,000, because as you can appreciate, the type of construction you go into for a two story building is different than the type of construction you go into for 50 or 60. You don't have to have elevators, you don't have to have some of the other issues, so that is still the price range. COMMISSIONER HALAS: Now can you, for the record basically state what demographics this is going to fit into? CHAIRMAN HENNING: County Commissioner. MR. WOODRUFF: Let me read it for you. Here's what it will actually be. "These will be offered for sale to persons meeting the Collier County affordable housing guidelines for 80 percent moderate income level." Those are your guidelines that you've adopted, so were not establishing any new guidelines, what we're doing is saying -- COMMISSIONER FIALA: For your information, moderate income level is $69,000. A moderate income level is $69,000. He's not talking moderate wage, he's not talking median wage income, he's talking -- I don't mean that, again, please don't -- I just want to make sure everybody understands. MR. MUDD: If you go to the visualizer where it's $61,400 which is the median income for 2003, and the bottom line that I covered up is that 80 percent right here, it starts talking about one person at about, and it's three times -- COMMISSIONER FIALA: I've been told it's $69,000. Why does yours say $61,4007 MR. GIBLIN: That was last year. COMMISSIONER FIALA: That was last year. Then it's reduced? MR. GIBLIN: It actually went down. Page 222 July 29, 2003 COMMISSIONER FIALA: Oh, okay. MR. MUDD: But if you're one, 80 percent is $39,000 in this particular example for a one person and it's three times that 80 percent wage, that brings you into 117 K. If you're two persons, it's $44,600, three times brings you to a $133,900. And then three is $50,000 and change, brings you to a $150,000 purchase price of a home. Four persons is $55,800, three times that brings you into $167,000. I think that supports Mr. Woodruff's assertion that he's basically, he's basically in the $140,000 to the $170,000 range at that 80 percent. CHAIRMAN HENNING: Are we ready to go to public speakers? MS. FILSON: We only have two public speakers, Mr. Chairman. CHAIRMAN HENNING: Yes. Go ahead, please call them up. First is Dr. Sam Durso. He will be followed by MS. FILSON: Douglas Rankin. MR. DURSO: My name is Dr. Sam Durso. It's my honor to serve as President of Habitat for Humanity of Collier County. I think I can say that I'm here as an expert witness, having donated the last 11 years of my life along with my wife to affordable housing in this county. We have been building houses, Habitat for Humanity has, for 25-and-a-half years in this County, longer than U.S. Home. We're your main partner in providing owner-occupied, affordable housing for the work force in Collier County. In 25 years, we've completed 265 houses in Immokalee and 280 houses in East Naples. We would welcome the opportunity to try to build houses someplace else besides Immokalee and East Naples. We have been hearing that argument for years: Why don't we build someplace else. This may be our opportunity to do it. And the reason we don't is because of the cost of land, because Habitat has to pay for land the same as everybody else, and all the Page 223 July 29, 2003 new government regulations make the cost of land more. We now are paying $100,000 an acre for land. That's what we paid for land recently that we bought in East Naples. And we now have a piece of land under contract across the street from this property, except it's half a mile down a dirt road, so as part of this we're going to have to pave a road. We have a hard contract on ten acres and we have a verbal acceptance on 14 acres. I will have a hard contract on that, depending on what happens today. The total amount of land is 21 good dry acres of land and we're paying $2.1 million for it. The most we have ever built is 4 units an acre. The densities they are talking about, even the townhouse density they're talking about, is 8 units an acre. We've never built more than 4 units an acre. We now have plans to try to build 6 units an acre. To do that it's going to take some ingenuity on our part, but we'll do it. If you take 6 units an acre and plop them on this 21 acres that we're going to buy, the land cost is $17,000 per unit. So, the first problem I have is the amount of money that they are offering us will only pay for 28 units of raw land. It's not up to me to decide how many units we need, okay. Obviously we would like money to help us buy this land, it's very expensive, and we would like to build in this area. With 3,400 units of housing going up there, how many people are going to work there? The number may be 600. Of those 600, how many of them are going to be making the money that we see up here, okay? And these numbers are fine, the numbers we go by is still the $69,000 median income because that's the numbers the government still uses. I don't think they use these numbers, the actual number has dropped, but the actual number never drops as far as shipping and some of these other things that go on. But the people in this price range are not the entire work force. The other problem that I have a major problem with, I'm smart Page 224 July 29, 2003 enough to realize it is difficult for people to qualify for mortgages, it's difficult even for people in this price range, and if you agree to their terms of 160 or 190 houses, or whatever number houses it is, and you agree to this deal where for, you know, four months it can be offered on the open market to that price range, and later on it's not, what's going to happen, the retirees are all going to buy this stuff, because there are not enough people to qualify for this. All the people doing affordable housing in this County except us have a problem getting people to qualify for mortgages. And you can ask them. We asked that question of Cormac again. Obviously 190 -- I'm going to offer an alternative now, let's get to the point. I think the 160 to 190 is the most that you should ask for on site. They can't fit more than 190 decent products on site. They probably can't fit more than 160 and that's why they just said that, because 190 on 26 acres is 8 units an acre. Let's go with that option as part of Option 1, but instead of requiring them to give us $457,000 -- I won't tell you the number of units you want to require, that's up to you -- we can provide, for $17,000 a unit of raw land, as many units as they want. We can provide 104 units now, on this 21 acres we have, okay, at six units an acre. If we do that at $17,000 for raw land that helps us immensely, it helps us buy the land. It's still a drop in the bucket. The developable lot costs for us will be $40,000 a unit, maybe more because we've got to pay to put that road in and do everything else. So $17,000 a unit is nice. We've still got to spend $100,000 a unit by the time we are done. The guarantee you have, though, is that the units we sell will go to the work force. And, as we did on our other project -- we're going to agree on Henderson Creek that will come before you later on -- we're committed to sell 80 percent of our homes to people making less than 50 percent of the median income, but we will also sell 20 percent to Page 225 July 29, 2003 those making between 50 and 80 percent, which is the same range here, okay, so you have a guarantee of those units. So by making some sort of deal with us you have a guarantee that the affordable housing will be there. And that's the way you've got to look at it, you've got to look at 5 years from now or, let's say, 10 years from now, how many affordable housing units will be here. And so, I strongly urge you to accept the offer for 160 to 190 units, and perhaps you decide how many units you want them to do for us. Instead of 40, or 50 or 128 is what they are offering, why not require them to do 160 on site and 110 off site, and let them give us $17,000 a unit, that's $1.7 million. This project, if you multiply out the cost per house times the number of units they are building, is a multi billion dollar project, and $1.7 million is about .02 percent of that, of their total project costs. We like U.S. Home, they are partnered with Habitat in other parts of the country. I actually received a phone call from our Regional Director asking me why I was being hard on U.S. Home, and I wasn't -- CHAIRMAN HENNING: I need you to wrap up. MR. DURSO: I'll wrap up. I strongly urge you to support this project. It's a good project. You definitely need affordable housing. This is your chance to get affordable housing in North Naples. Help us out, and come to some kind of agreement that will help us as well, and the end product will be much better than anything else you can ask for. CHAIRMAN HENNING: Thank you. MS. FILSON: Your final speaker, Mr. Chairman, is Douglas Rankin. MR. RANKIN: Yes. I am Douglas Rankin. I'm here in two capacities. The first capacity is as President of the Golden Gate Estates Area Civic Association, same as I was earlier. And on that we congratulate Commissioner Coletta, as you did earlier, and the others Page 226 July 29, 2003 of you for the concessions that are necessary to be extracted from this developer. I think you've done a fine job. CHAIRMAN HENNING: Let's call it partnership not extraction. MR. RANKIN: Well, partnership. I understand. Let me say that I think that they are absolutely necessary in order for this project to be approved because otherwise the community would suffer if you didn't get them so there's definitely a public need for them. I only see one weakness in this. And it's something that I know has been worked on, but we maybe need to put a little more work into it, which is access to the north. You've got the university coming in, I'm not getting in the way of that steamroller, it's coming in. You've got them coming in, they have done a fine job in dealing with Immokalee Road and some things like that, but I don't know how in the world anybody is going to get north to Fort Myers or anywhere else when this is all here. Because one of the things we discussed-- we have a new association in the fifth district that the head of, all the association presidents go to along with some other people, and at that point we learned that 1-75 is due to be torn up, to be six laned allegedly. In 2009. That's about the time they are going to be done with this development from what I understand and in fact I heard earlier that 2008, they are moving some of the units back to 2008. Unfortunately about the time this thing is done, 41 is going to be overloaded, Livingston is going to be overloaded. You know Logan isn't much, it's going to be two lanes when it crosses the county line, if that, because of the way it goes through Village Walk. And 1-75 is going to be torn up. What a mess. I know just the other day I was trying to go south in the afternoon and there were no accidents, and I was doing 30 miles an hour on 1-75, which, south in the afternoon should have been clear. We need to do something about north. We need to get these Page 227 July 29, 2003 people -- I know nobody wants to get in a fuss with the environmentalists and since 951, at least as far as we're concerned, is going to be controlled access, it's not going to open any lands to development. We need access to the north because my people in Golden Gate Estates have to be able to get out of there and get north. Now I'll take off that hat and put on my Habitat for Humanity hat, so I'm Assistant Secretary for the Board of Directors of Habitat. I agree wholeheartedly, of course, with what our president just said. And I will tell you some other advantages of Habitat. Their housing, you're going to have all sorts of different mortgage companies watching these people. As you know Habitat not only assures you that the right people get in there but we put second and third mortgages on this property to make sure that it stays affordable housing, that these people don't flip the places on us. And we require those people to come in in person for the next 20 years or however long it takes them to pay off their mortgage and make their payments in person. That's why you don't have any trouble with Habitat areas because if we hear of something going on in the neighborhood we deal with it. I doubt if anybody other than Habitat is going to be around that long to make sure the neighborhood stays good and provides affordable housing and all that. Therefore, of course, I'm always in favor of donations to Habitat for their impact. But I think everything else has been addressed. It's just how are we going to get north out of this community, when we add their houses and the University and all that together there's no capacity left. Thank you. CHAIRMAN HENNING: Commissioner Coletta. COMMISSIONER COLETTA: And that's a very good question. That's one of the things I was driving for since day one and gave Mr. Anderson, I'm sure, considerable heartburn over the whole situation. And you're right, there was environmental groups out there Page 228 July 29, 2003 very much opposed to them coming forward and making it a part of the deal, but in the end they did. That is part of the deal, the right-of-way that we have through there, the fact that we have 25 percent held in reserve. Basically we did what I wanted to do and brought them in as partners, maybe not quite as willing as I wanted it to and to the process that's going to be taking place. I'm going to need the help, of course, of you, Mr. Rankin, and other people to start attending the meetings that will take place in Fort Myers on the 951 study that is taking place to make sure that stays on schedule. In the end I'm sure we're going to have the highway. MR. MUDD: As a reminder, Mr. Chairman and Commissioners, item 16B(6) today, you put $250,000 to the PD&E study for 951 going north to Lee County. CHAIRMAN HENNING: Okay. Commissioner Coyle, do you have anything? COMMISSIONER COYLE: No, nothing at all except I think the combination of a donation to Habitat for Humanity and the building of the 160 to 190 town homes is a good combination. I think we get the best value out of them. CHAIRMAN HENNING: Okay. Any questions to my right? COMMISSIONER HALAS: Yes. I hope that we can come up with some kind of compromise here in regards to the homes that we require you to build on site and also some kind of a compromise here to work with Habitat for Humanity because I think they have a great product there and I think we are looking at an income that is probably more in line of what the average person, worker in Collier County is, and I'm sure a lot of these people who will obtain these homes from Habitat for Humanity will be working in that complex, and I'm hoping that we can come up with something a little bit more than has been on the table at this present time. If we make a compromise in regards to homes being built on that site, but I would like to pass it on to my next commissioner to Page 229 July 29, 2003 my left here. COMMISSIONER FIALA: Okay. Thank you. I'm still in a quandary. I like the idea of a combination package. That's good. I really wanted to get as many work force housing units on the property, really to save that road out front. I figured that the more people that could live there, and work there, and own a place for themselves the better off our road system would be, when you consider how many homes that they are going to be building in the area. I would prefer if we did 250 and donated to Habitat a nice chunk of money as well, maybe $1 million to Habitat and 250 homes. I don't know, maybe that would work. COMMISSIONER HALAS: Sounds good to me. COMMISSIONER FIALA: I don't know if they can do that, though. I don't know. CHAIRMAN HENNING: Hang on, Commissioners. What we need to do, unless there's science based on their project, we need to get them to agree to it, so. COMMISSIONER FIALA: They have been so agreeable they have been working beautifully, I want to work with them, too. CHAIRMAN HENNING: Mr. Woodruff. MR. WOODRUFF: As to the issue of the number of units that we can construct on site. The only way we can construct more than 160 to 190 units on site is to transfer the product so that we're not building townhouses. CHAIRMAN HENNING: We're not going there. MR. WOODRUFF: What I would say to you as a planner is, we do not recommend that. Your staff has said to you, they do not recommend that. Our commitment on site is to build as many units as your development process will give us approval. So if we can get 190, and I will tell you, and I will tell you straight up, we produced two site plans to show to U.S. Home. Page 230 July 29, 2003 One site plan is 160, it results in what we think are quality open spaces and views because, remember this is not 26 acres we're going to develop, in that 26 acres it's not all asphalt and built. We've got to meet your open space requirements, we've got to meet your on site water management requirements, we've got to meet your parking requirements, the buffering from other uses. So, when you start looking at all of those packages what it really says is that we cannot have, I believe, a quality of life that you're after and we're after if we jam units in there. We are committed to build the townhouse units, somewhere between 160 and 190 units. CHAIRMAN HENNING: Okay. MR. WOODRUFF: Now, the other part of the equation has to do with money. I am not a lawyer, I'm not the lawyer for this project. I will tell you there is no legal basis for establishing your dollar figure. This is not like the issue of road impacts where you have a concurrency program and we can calculate and we can do all of those things. The Regional Planning Council has set the scale and that scale results in 82 units. And I'm going to tell you is that we're building, under the townhouse arrangement, we're building twice that. COMMISSIONER FIALA: Can I ask, let me interrupt. When you say Regional Planning Council recommended 82 units. They said 60 acres, right, but they didn't give you any affordable density bonuses on that 60.6 acres, and did they take into consideration 3,450 dwelling units? And they say 630 jobs that would be generated but that isn't the daily jobs of, you know, you have 3,450 dwelling units with maybe somebody coming in to clean a house, wash a window, mow a lawn, every single day. So you've got many more than 630 jobs generated. I was wondering how the planning council came up with 82, you know, for an immense project like that. MR. WOODRUFF: Without belaboring this I then need to add the following to the record. DCA and every Regional Planning Page 231 July 29, 2003 Council in the State of Florida uses what's called the East Coast Regional Planning Council Methodology for Determining Affordable Housing. When we started this process we used that methodology, and that study showed that, yes, we have an impact, but that methodology allows you look at affordable housing units in that methodology ten miles or 20 minutes away. When we did that methodology what it actually said was that under that methodology, yes, we had an impact but that impact was being fully met by existing vacant units. There is no one going to stand in front of you and testify that people will come from somewhere else and they don't live in this development, to work in this development. But that what methodology that every DRI that's been before you -- I mean, honestly, you can check the record every DRI that's been before this County Commission or its predecessors has used that methodology. That methodology said, yes, you have an impact but that impact is being met by available units in the area. The Regional Planning Council did what I consider to be a good thing. They said well, that's true, there are units out there in the open market, but in addition to that, we think that the developer needs to do more. And so they rejected the methodology as being the final say and what they said was we now want you to do 5 percent of your developable land, which is 60.6 acres, and do it at a number of residential units consistent with the land development approval granted by the County. If you're kind in giving the approval today you're giving a density of 1.35 units per acre. We are not standing in front of you asking for four units an acre over 3,000, or 2,500 acres of land. We're asking for a very low density. And when you multiply that low density times acreage it gives you what it is saying here: With a number of residential units consistent with the land development approval. Technically, that's 82 units. Page 232 July 29, 2003 When we first met with Commissioner Fiala, and with all due respect, she said, gentlemen, 82 units doesn't even begin to make me smile, it doesn't do anything. So we went back to U.S. Home and we said we've got to come up with more units. And what we came up with is a proposal to build 160 units on site, townhouse units and then make a donation to Habitat. I would stress to you again the monetary part, whatever number you pick, I believe it has to be based on some type of legal standard. Any number that we pick to donate does not have to be based upon that, it has to be based upon goodwill and the, what I will call philanthropic humanitarian aspect that U.S. Home has always shown. So we would stand in front of you today and we would say that we would encourage you to approve 160 units up to a maximum of 190 on site and that we would voluntarily donate $475,000. The other reason, I want to stress, I recognize very clearly and in my testimony to you I have never said that that donation to Habitat could build X number of units. There is no question that in addition to land you must do other things in order to build a house. What the alternate -- when the planning -- when the Regional Planning Council looked at the issue they said you can build them on site or you can build them off site. And what it says is, in the alternative to the above on site affordable housing development requirement the applicant may provide an equal quality parcel of developable land off site. The off site parcel must be at a location acceptable to Collier County government. And then it goes on to say, as a third option, in lieu of the above requirements the applicant may provide a financial contribution to meet the affordable housing demand created by the applicant. My testimony to you, with all due respect, is that we have chosen Option 1 and Option 3. We have chosen to build or at least request you to sanction us to build 160 to 190 units on site, that is 244 percent of the number the Regional Planning Council calculates, Page 233 July 29, 2003 and we are choosing to make a voluntary donation to Habitat. If that can build one house, or 80 houses or any number in between, then that's good. But that number is a voluntary donation by U.S. Home. CHAIRMAN HENNING: Commissioner Coletta. COMMISSIONER COLETTA: What we have here is a new beginning. Granted, it's not everything that we would like to see in this world, but Dr. Woodruff is correct, it's actually a gift, there's nothing requiring them to do this. I was quite surprised, to be honest with you, and now that we're at that point that the Southwest Regional Planning Council actually agreed to do it. I thought at that point in time they would probably walk rather than agree to do it, and when they did I was flabbergasted. But it gives us the door, it opens the door for us here in Collier County so for the next PUD that comes in of any kind of size we can say, well, this is a new benchmark. Now it's still only a gift because it's not part of our land development code, but this is what we would like to see what you can do and we can negotiate. And I for one am quite pleased with what we have. I'm a little bit concerned about the wording about the time element, but other than that I think we've done very well with it and I don't think we are going to get anything more out of this other than just dragging it out. Sounds like this is the bottom line that they are willing to do on it. CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER HALAS: What I'm concerned about is the fact that we have a timeline on the units that are going to be built on site and then what's going to happen is it's going to be put on the open market, and basically the people that are going to be able to afford this are not the people that we're trying to work on behalf of but it's going to be people that come down here to retire, and they are the ones that are going to be buying up all of this property. And what we're trying to address here is we're trying to address the idea of instead of having people commute back and forth on 1-75 Page 234 July 29, 2003 that we can get them closer to where they possibly would work, and I think that this huge development that U.S. Home is involved in here, I think you're going to have a huge spinoff of people that are going to make not the standard medium wage that we think that is going to happen but we need to provide housing for these people that it will fit in that category of the wages that they are going to be earning. And I'm sure that people that are mowing lawns or doing laundry or housework are not going to be able to afford a product that's $175,000. And that's what concerns me, okay. And then what you're doing is you're putting restraints on this by saying it's only going to be in a timeline of anywhere from four to eight months and then it comes on the open market, and we know who is going to pick up those, and rightly so, they should. But I'm saying that we're constrained to a point where schoolteachers, even firemen that qualify, can qualify for this are going to have a difficult time trying to qualify for this price range. CHAIRMAN HENNING: Mr. Anderson. If you would, please, let's cut to the chase and finish this out. Give us some extended time to where we can close the door for the work force housing and provide these products. Is it 60 days, is it six months? MR. GIBLIN: Commissioner Henning, if I could offer some insight. Currently in our land development code we have a resale provision on units that receive an affordable housing density bonus. This is to deter people from buying the units initially and then flipping them within a fairly short amount of time and reaping the windfall benefits of the next seller not meeting the affordable. On those units we have a 15-year affordability window. Those units must be occupied by low income or 80 percent of median residents for a period of 15 years. If the subsequent next buyer is not low income, then the property is given at a 5 percent per year appreciation rate. Anything above that the unit is sold on the open Page 235 July 29, 2003 market for the proceeds are then split 50-50 between the owner and the County. That money is put back into the affordable housing trust fund with which we further the goals of our affordable housing strategy. That's just one option that we already have on the books. CHAIRMAN HENNING: Mr. Woodruff. MR. WOODRUFF: I apologize. Cormac may have said something that we needed to listen to while we were caucusing. Although I multi-task for my wife I don't multi-task for others. Could I -- I do apologize with all due respect. Could I ask Cormac to give his testimony again? CHAIRMAN HENNING: That's already in the record, why don't we change our court reporters and you can walk over there and ask her. Let's just change court reporters. (A recess was taken.) MR. ANDERSON: In specific response to Commissioner Halas' question regarding the time period, we would be willing to offer up a minimum six months from the date that the building permit is issued, and remember that these are -- we're going to be building a series of buildings that will, you know, probably stretch over an 18- month period. As each building gets sold out, others will be started. COMMISSIONER HALAS: Can I -- do you know what the average wage of a firefighter is or somebody that's working as a nurse in this county or a police officer? And when you go to get a mortgage, it's about three times your base salary to qualify. I guess that's where I'm coming from. MR. WOODRUFF: IfI may answer that question. COMMISSIONER HALAS: Yes, sir. MR. WOODRUFF: For the record, Richard Woodruff. In a former life, as you know, I had the privilege of doing something in the public sector, and in that, we certainly negotiated contracts with police and fire. We did not have any issues with Page 236 July 29, 2003 nurses. Donna Fiala is certainly more competent in many fields than I am, and that's one of them. I would tell you that when you look at the entry wages for police and fire, and we're talking about the rookie police officer, that those are certainly -- my memory, which may not be totally accurate, is that's in the mid thirties to higher thirties. Now, whether that is still the base salary, because I have been out of that assignment for about four years. MR. MUDD: That's good. MR. WOODRUFF: So that's generally what you're looking at. COMMISSIONER HALAS: Right. And so when you -- somebody who wants to qualify for your product that's considered affordable housing, and they go to the bank, it's about, I think, the bank will only go about three times of what your annual wage is, if I'm correct. MR. WOODRUFF: I don't know that. COMMISSIONER HALAS: Okay. So that's -- that's where we're at right now. That's where we're at in this loggerhead, trying to find out the best way to approach this so that it is -- basically, the product is what it really represents, and that is affordable housing, and not housing that somebody, after six months time, will come in and buy four or five of them and mm around and sell them for a larger profit. MR. WOODRUFF: Let me address that part for you. COMMISSIONER HALAS: Okay. MR. WOODRUFF: First of all, the way that the housing program will work, is U.S. Home will have a second mortgage on all units. If you are familiar with the product over in the Immokalee area that's called Jubilation, and I know that I think all of you have been over there many times, there is a mortgage that is held back. Now, why is that held back and why is U.S. Home going to hold back a second mortgage? That is to avoid the issue of flipping. If a Page 237 July 29, 2003 person comes into our unit, they will have to get funding for a first mortgage through the normal financing that is available. U.S. Home will have a second mortgage on the product. That second mortgage will not require interest or principal for a set period of time. Now, we have not determined whether that's a three-year period, a four-year period or a five-year period. But what it's intended to do is if that person can document that they've lived in that unit throughout that time period, then it is possible for that second mortgage to be released and forgiven. If, however, and let's just use a theoretic example, at the end of six months, you know, John and Mary Jones decide that they are going to sell this unit. Suddenly, that second mortgage is now payable. So they now not only have to satisfy in the sale the original first mortgage, but they're going to have to satisfy in the sale the second mortgage. What I will tell you is that has been very successful in Jubilation. It has been very successful in many affordable housing products, and the reason why that approach was created is to eliminate flipping. CHAIRMAN HENNING: Okay. And I just -- the example that Commissioner Halas is bringing up is one salary per household, and I can tell you, today's standards and, you know, not that I want it, is that both parents have to work or both spouses have to work. And then it's almost difficult for them to meet the criteria for the hundred and seventy thousand or hundred and forty thousand dollar home, very difficult. COMMISSIONER FIALA: If it -- CHAIRMAN HENNING: Let's take this. We take a policeman's $35,000, and then a spouse, 35,000? MR. MUDD: About that, sir. CHAIRMAN HENNING: Thirty-five thousand, and then a spouse at 25,000. Okay. Where are you at? You're at 60,000. Page 238 July 29, 2003 Multiply it by three. You're right there, Commissioner. You're right there on the units that we're talking about. So any further questions? COMMISSIONER COLETTA: One question, but it doesn't have to do with affordable housing, if I may. CHAIRMAN HENNING: Okay. COMMISSIONER COLETTA: If I may, Mr. Anderson. MR. ANDERSON: Yes. COMMISSIONER COLETTA: The TDC, transfer development credits on the part of the land in the sending area, the receiving area, is that still as originally understood? MR. ANDERSON: Oh, yes, sir. Yes, sir. The-- for the golf-- the portion of the golf course that is constructed in the rural fringe sections, TDR credits must be purchased. That's a requirement of the comprehensive plan, and that same language has been inserted in the PUD. COMMISSIONER COLETTA: Thank you. And the other question would be, how long do we have before we have to get our bank going, the TDR bank going? TDC, the transfer development credits, yeah, when will we have to have it in place to be able to satisfy your needs? MR. ANDERSON: Four years. But please don't take that long. COMMISSIONER COLETTA: Okay. CHAIRMAN HENNING: I'm going to close the public hearing if there's no other further questions. Commissioner Coyle? COMMISSIONER COYLE: No further questions. I'm ready for a motion. CHAIRMAN HENNING: Okay. Close the public hearing. Entertain a motion. COMMISSIONER COYLE: I make a motion we approve with the stipulations that have been discussed including the option to build Page 239 July 29, 2003 the 160 to 190 townhomes with a donation to Habitat for Humanities. COMMISSIONER FIALA: I would like to be more definitive. Rather than 160 to 190, I'd like to just say 190. COMMISSIONER COYLE: That would be fine, although I understood that that would be determined by our building code, and if the building code would permit that many, that they could get that many, but that's fine with me. CHAIRMAN HENNING: Determined by our staff?. COMMISSIONER COYLE: Yeah. CHAIRMAN HENNING: Okay. Are you okay with that? COMMISSIONER FIALA: Yeah, I'm okay with it. CHAIRMAN HENNING: Any further questions? COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: And there's a second. There's a motion by Commissioner Coyle. Second by Commissioner Coletta. MR. MUDD: And that's with the time, and the time is CO plus six months; is that correct? COMMISSIONER COYLE: CO plus six months. MR. ANDERSON: At building permit. CHAIRMAN HENNING: At permit. after COMMISSIONER FIALA: COMMISSIONER HALAS: COMMISSIONER FIALA: CO. At permit? What does that mean? At the time they pull their permits. No. I thought it was six months CHAIRMAN HENNING: Building permit. That's what it was stated on the record, and we can clarify that, and if you can clarify how many days -- you're going to sell this product once you start building it, correct? MR. WOODRUFF: Remember, we are market driven. It doesn't do us any good at all to drag out the sale. U.S. Home will put together a good-faith marketing program. That program will guarantee, guarantee six months. Page 240 July 29, 2003 Now, if you want it stated 180 days, if you want it 183 days, you pick a number. But we're saying from six months from the building permit. Also remember, we're not talking about building 16 buildings in one day. This is going to be just like you do any development. We're going to start off building probably two or three buildings. As those sell, we're going to pull permits for another two or three buildings, another two or three buildings, until it's over. As Mr. Anderson said, in all, we would be very pleased to have that sold out at about a three-year period. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Let's not lose total concept of what we're looking at here, because we're voting on not only DRI. We're looking also, we're going to vote on the PUD, and we're looking at a huge, huge development here that's going in. We realize that you worked as a partnership to try to address some of the problems that the county's going to have. We've addressed building heights. We've addressed a lot of areas. I'm very concerned about where we stand at this point in regards to helping out Habitat of Humanity, and I'm hoping that we can -- that U.S. Homes can donate a little more to that product, because I believe that the people that will be involved with Habitat of Humanity will be working in that complex, what you're going to be building, and I have great concerns that we're not addressing that. I think what we're trying to do countywide, we've talked about transportation issues and everything else, and we're trying to address the idea that we want people closer to where they work. Not to drive up and back and forth up to Lehigh Acres and all over. We want -- we'd love to have those people that are going to have this very moderate income be able to live near where they're going to work, and without the congestion on the roads. I guess I'm asking if there's any way that you can accommodate helping out another community here. Page 241 July 29, 2003 COMMISSIONER FIALA: You mean with a larger donation? COMMISSIONER HALAS: With a larger donation, yes. CHAIRMAN HENNING: I don't see anybody jumping up. COMMISSIONER FIALA: Well, they're talking about it. They're talking about it. CHAIRMAN HENNING: Oh. You've got a better view than I. COMMISSIONER COYLE: Mr. Chairman? CHAIRMAN HENNING: Yes. COMMISSIONER COYLE: I think that one of the things we have to keep in mind is that as much as we would like things to work out in a certain way, it is the market that really determines these things. And I have -- I have seen areas where a company will provide housing for its employees in a very structured setting, and that works out fairly well initially. But then what happens is that the people who bought those homes find other jobs because they get promotions, they have better opportunities. And over time, you will find that the people who might have worked near this particular location at one point have found employment somewhere else. They have bettered themselves. And as a result, you don't necessarily achieve the permanent objective of making sure there's a place for the employees here. It is a great goal. I think it's something we should try more and more to do, but I don't think they should -- we should make the success of the project hinge on whether we are going to be able to guarantee that -- that the people who live in this affordable housing will actually work on the development or even anywhere nearby. People tend to live wherever they can live the best, and they tend to work wherever they can earn the best salary and have the greatest opportunities for advancement. CHAIRMAN HENNING: And that's the American way, correct? COMMISSIONER COYLE: That's the way it works. Page 242 July 29, 2003 CHAIRMAN HENNING: We can't dictate where people live or where they work. COMMISSIONER FIALA: It just gives them an opportunity. COMMISSIONER COYLE: It just doesn't work. And -- but from the standpoint of traffic congestion, it certainly is a great goal, and we should do whatever we can to encourage the market to do that, but I just don't think we can find a way to mandate it. CHAIRMAN HENNING: Mr. Woodruff?. MR. WOODRUFF: Mr. Chairman, honorable members of the commission, the -- U.S. Home is willing to propose the following. For -- we would like to build 160 to 190 units on site, townhouse units. For every unit below 190 that we build, but we will guarantee 160, for every unit under 190, we will make an additional donation of $10,000 per unit. Now, if you -- that's a $475,000 donation, and that is a donation. It's not a requirement that you're establishing on us, and we're agreeing that we will build 160 to 190 units on site, and for every unit below 190 that we're not able to put on because of your own development code, as it's currently adopted, please don't go adopting any regulations, then we will increase the donation by $10,000 per unit. COMMISSIONER COYLE: Mr. Chairman? CHAIRMAN HENNING: Yes? COMMISSIONER COYLE: Could I ask a question? CHAIRMAN HENNING: Go ahead. COMMISSIONER COYLE: Richard, what would happen if the Board of County Commissioners were to say, we only want you to build 160, and give that additional $300,000 to Habitat for Humanity? MR. WOODRUFF: Well, I would probably thank Mr. Coyle, but what we think is that in fair play on both sides, that this is a fair deal both ways, and we would ask you to look at it from a fair Page 243 July 29, 2003 arrangement. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: Okay. COMMISSIONER COLETTA: I'm willing to incorporate it in my second. CHAIRMAN HENNING: Accepted in the second. Is it accepted in the first? COMMISSIONER COYLE: Yes, it is. I think this is a good compromise. This is not going to be perfect for any of us. I, quite frankly, think this is a huge development, but the point is that it's being done in accordance with all of the regulations and the approvals, and I think that -- that a lot has been accomplished by partnering or at least cooperating in the approval process, and I think the developer should be congratulated for the benefit they will be providing to the community as a result of this. But it still isn't perfect, and I don't think we're going to get it perfect, but I am happy to incorporate that in my motion. CHAIRMAN HENNING: Seeing no further discussion, I call the -- COMMISSIONER FIALA: I have one further thing to say. And that is just, you guys have been wonderful, and thank you so much for working with us. It's a big thing for all of the county. It's the biggest thing that's hit Collier County in many, many years. And by the way, I live in a U.S. Homes development that I bought 29 years ago. Thank you. CHAIRMAN HENNING: Thank you. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. Page 244 July 29, 2003 CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. Entertain a motion to accept Heritage Bay PUD. COMMISSIONER COLETTA: Motion made. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Coletta. Second by Commissioner Fiala. Any discussion? Seeing none. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: Opposed? Motion carries unanimously. COMMISSIONER FIALA: Clarify the six months, would you? CHAIRMAN HENNING: We're going to deviate from the -- MR. MUDD: Commissioner, Mr. Chairman, before we switch to page 8D. MR. WOODRUFF: Mr. Chairman, one moment of personal courtesy. We would like to thank each of the commissioners. We would also like to especially thank Colonel Mudd and his staff. They have negotiated in good faith, and they have represented the public well, and we thank you. Item #8D- Continued to September 23, 2003 BCC Meeting CHAIRMAN HENNING: Motion to approve -- continue item 8D, NICAEA Academy. COMMISSIONER COLETTA: Second. Page 245 July 29, 2003 MR. MUDD: Till 23 September. CHAIRMAN HENNING: To the 23rd of September. Motion by Commissioner Henning. Second by Commissioner Coletta. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Commissioner Coyle, are you still with us? COMMISSIONER COYLE: Yes, I am. CHAIRMAN HENNING: Okay. We're going to deviate from the agenda and go to item-- MR. MUDD: You don't have to deviate. You go right to 8E, sir. CHAIRMAN HENNING: Pardon me? MR. MUDD: You can go right to 8E and stay in that order, or you can go -- you can either do Immokalee or you can do the fire district, and I'd ask Sue, how many speakers do we have for each one. Item #8E ADOPTION OF AN ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13, THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, 2001- 13, AS AMENDED, BY ESTABLISHING A DEFERRAL PROGRAM FOR THE IMMOKALEE AREA TO REDUCE THE Page 246 July 29, 2003 ECONOMIC EFFECTS OF INCREASED IMPACT FEE RATES- CONTINIIED TO SEPTEMBER 9, 2003 MEETING CHAIRMAN HENNING: 8E is a simple one. It's an adopt an ordinance amending -- MS. FILSON: Eight speakers for 8E. There's eight speakers for 8E. CHAIRMAN HENNING: The -- consolidating impact fee ordinance 2001-13 to amend and establish deferral for the Immokalee area, reducing the economic effects of increase of impact fee rates. This is the Immokalee piece, Commissioner Coyle. COMMISSIONER COYLE: Yes. COMMISSIONER COLETTA: I would like to -- never mind. CHAIRMAN HENNING: You would like to what? COMMISSIONER COLETTA: I'd like to make a motion to approve. COMMISSIONER FIALA: We have eight speakers. MS. FILSON: We have -- actually, there's nine speakers for item 8E. Is that the item -- CHAIRMAN HENNING: 8E, yes. MS. FILSON: You have nine speakers. CHAIRMAN HENNING: There's a motion on the floor to accept. Is there a second? At the time, the motion fails. Mr. Schmitt MR. SCHMITT: I was trying to keep track. There was already a motion on the floor. CHAIRMAN HENNING: It failed. MR. SCHMITT: Good evening, Commissioners. As you well know, this initiative developed out of the June 1 lth workshop. The Irntnokalee Community Development Corporation presented various proposals from the Robert Charles Lesser and Company report, and that was during the 11 June workshop. Page 247 July 29, 2003 What this basically is, is to defer impact fees for all homes under $175,000. The dwelling criteria are as follows. The dwelling unit must be within the geographic boundaries of the Immokalee enterprise zone. The dwelling unit must be owner occupied and must be homesteaded to the owner. And the maximum sales price of the qualifying dwelling unit must not exceed $175,000. You've read my executive summary, and what I do want to point out to you, just so that both you, and I know Commissioner Coyle does not have access to the overheads, but he has these in his packet, and just to give you an idea of the impact fees in Immokalee. This is a breakdown of the impact fees. And as you well know, during the last round of impact fee amendments, we approved an impact fee for -- or you did approve and staff proposed and you approved an impact fee for homes less than 15,000 -- 1,500 square feet, but this shows you the breakdown in the impact fees. Principally, we're talking about road impact fees, which is the largest chunk within the impact fees that are hit, and to give you an idea of the total cost. Impact fees right now for a home under 1,500 square feet, almost $7,000. So that's what we're talking about. Receipts for impact fees in the Immokalee area, and this may be hard to read, but I know it's in your packet, is about less than 2 percent of the overall impact fees collected when we're looking at strictly impact fees for roads. And I'll just highlight for those in the audience that can't read this. We really collected in fiscal year '02, about 50 homes, about $343,000, and this projects this year will be somewhere around 480,000 on up, actually, out to about maybe 500 homes in fiscal year -- or in -- if we in fact -- this shows, if in fact we built homes, up to 500 homes, we would defer almost 3.3 million dollars in impact fees. I think the purpose here or the critical issue here is the purpose of the Collier County consolidated impact fee ordinance is to ensure that development -- that the development and the adequate public Page 248 July 29, 2003 facilities are available to support the development, and that's, frankly, what impact fees are for. And although Immokalee is in need of a plan to facilitate growth, a deferral program for impact fees in the Immokalee area undermines the CIFO, the consolidated impact fee ordinance requirements for equitable and lawful imposition of all impact fees throughout the county, and staffs proposal, you've read that, we're going to go through this, because I know you -- it's late and you want to have speakers speak, but the issue here is, frankly, the concern of staff in regards to the proposal that we have an ordinance here that is -- you asked the staff to develop, but some staff has difficulty supporting because what this, in essence, is doing, is beginning to pull the threat that undermines the legal fabric of our entire impact fee ordinance because, frankly, what's happening here is in regards to Immokalee, if we looked at waiving all impact fees or deferring impact fees, we in fact -- the next question is going to be, what about other areas of the county, and our concern for that. So in conclusion, a deferral program of any type over a specified period of time would provide economic incentives to the Immokalee area. We know that. However, it would also significantly impact the county's ability to provide adequate funding for capital projects necessitated by growth. Although Immokalee is in need of economic incentives to stimulate growth, it is not unique in that need. Therefore, staff does not support the implementation of the deferral program that is now funded, unless it's funded by a specified source. So in our recommendations, what we are asking is that we'd like your guidance as to how you would like this brought back, but we'd like to bring this back for the September 9th Board of County Commissioners meeting to be discussed along with the other economic incentives. We're also going to be bringing back four other economic Page 249 July 29, 2003 incentives. Now, those other economic incentives are geared towards commercial incentives in promoting commercial development in the Immokalee area. This is the only one that involves residential. So it's really not an economic incentive, but it is tied to the economic development in Immokalee, and certainly in Collier County. So that is our-- that is our recommendation one. Recommendation two was to identify a source to support the Immokalee impact fee deferral program. We have no problem with an impact fee deferral program, but like SHIP, there's money that comes into the county coffers that basically pays those impact fees that are incurred by development, because right now, if in fact there is no income source to pay for those impact fees, we in fact are passing the cost off to other developments and other purchasers or other builders throughout the county. Or the third alternative is to direct staff to do further research to possibly look at other deferral programs and funding sources. But quite frankly, we've been through that. This was, again, based on your direction. The ordinance was written based on your direction. But from -- in conclusion, our staff proposal is that we do one of two things. We bring it back and discuss it amongst the other alternatives being presented on the 9th, and at that time, we can discuss possibly finding some alternative source for funding to pay for this deferral program. Now, we and staff also looked at, as you recall last November, we brought before you an impact fee deferral program specifically targeted at road impact fees, and that in fact was one of our proposals, discussing with Mr. Feder, your administrator for transportation services, and considering the impact that that would even have on the impact fees associated with the rest of the county, Mr. Feder did not support that alternative, but we could certainly look at that as well. It, again, is almost a mirror image of what we presented you back in November, and that was strictly a deferral of Page 250 July 29, 2003 the road impact fees. Understanding that we're still going to need to collect the impact fees for the other services, but please understand again that that does impact Mr. Feder's program, and it also begins to undermine the impact fee ordinance in regards to the road impact fees for the rest of the county, and it opens up the door again for, if Immokalee, then why not East Naples, why not wherever. So I caution you on that. So with that, I'll await any of your questions. CHAIRMAN HENNING: Commissioner Fiala, do you have something? COMMISSIONER FIALA: Yes. I like the idea of deferring it until September. I had some questions as to why one seventy-five. I thought maybe it could be something like one forty. I like looking for other funding sources. I was concerned about that. I think that through Commissioner Coletta's great support for the Immokalee area, we're making many strides in that area, and I love continuing on that same way, because now is the time. I don't think they've ever had anybody like him. And actually, he's got a supporting board here too, which is good. But I think this maybe needs to be discussed a little bit further and brought back in September. COMMISSIONER COYLE: Mr. Chairman? CHAIRMAN HENNING: Yes. COMMISSIONER COYLE: If that is a motion by Commissioner Fiala to delay it until September, I will certainly second that. I think that there are merits here, but it really is premature to consider this. I think there are many other issues that have to be taken into consideration before We make a decision such as this, and I really think notwithstanding the fact that we might have members of the public there who wish to speak, I simply don't believe it's possible to make a decision on that at this particular meeting. Page 251 July 29, 2003 CHAIRMAN HENNING: Okay. There's a motion by Commissioner Fiala. Second by Commissioner Coyle. Commissioner Halas? COMMISSIONER HALAS: When this comes back before the board, we're going to talk about other economic incentives? Is that what we're going to be basically discussing and -- CHAIRMAN HENNING: Yes. MR. SCHMITT: Commissioner, there will be four other economic incentives that are being developed by staff in conjunction with the economic development council. I highlighted those in my recommendation in the staff summary. I won't go over those now, but those were the four-- COMMISSIONER HALAS: Okay. Because I'm concerned about also the people out there, and we need to make sure that we can assist them, but I think we need to look at the whole picture here before we make a decision. MR. SCHMITT: And those were the incentives that you have already identified money in the '04 budget to fund. CHAIRMAN HENNING: How many public speakers do we have? MS. FILSON: Nine. CHAIRMAN HENNING: We have nine public speakers. I must limit the public speakers to three minutes, or if you would like to defer until the September 9th meeting, you just waive. Please call up the first public speaker. MS. FILSON: The first speaker is Fred Thomas. He will be followed by Steve Price. UNIDENTIFIED SPEAKER: Steve Price had to leave. He waited as long as he could. MS. FILSON: Okay. He will be followed by Ann Olesky. MR. THOMAS: Good evening, Commissioners. My name is Fred Thomas. I'm representing the Immokalee Community Page 252 July 29, 2003 Development Corporation, Community Development Corporation in a small agricultural community 47 miles away from this area that is trying to become a full partner in the overall tax base within Collier County. Our existing problem is that 80 percent of our school teachers do not live here in Immokalee that work in Immokalee. 90 percent of management level retail and management level government that works in Immokalee does not live in Immokalee, and 95 percent of our deputies and our medical professionals that work in Immokalee do not live in Immokalee. We helped pay for and thank you for helping to pay for a Lesser study to identify the need to reverse that trend, and that's where the $175,000 figure came. So we can attract the middle management and the professionals that work in Immokalee to live in Immokalee. What would be the benefit of that? One, we increase the tax base. Two, we increase the attractiveness for commercial to come. Therefore increasing the sales tax base. We increase the gas tax base. And you know what else we do? On that 51 percent of the impact fee, we decrease the impact on roads, because those folks don't have to come in the morning and leave in the afternoon to impact the roads. We're just asking to give us an opportunity to grow. We're a totally different community than this. We're way out there. We don't have the attractiveness where people are begging to bring development here. We have to compete with central Florida. We've got to compete with the Wachulas, the Clewistons, and they put a lot on the table because they know the value of a dollar turning around four times in your community, a thought we've forgotten here on coastal Collier County. So we ask you, with all due respect to staff, we're a total different world. We've got a clear zone that's part of a federal empowerment zone. It's a federal empowerment zone where Page 253 July 29, 2003 everybody across the country does incentives to help us do things, and we need to keep this separate from our commercial side. We understand we're coming back in September to talk about commercial development, but we need to get started. We've got a couple of large developments that want to get started to attract our teachers, our professionals to our community, increase our tax base, increase our commercial sources, decrease the impact on the roads, and be a positive part of the county. We've got to understand that we are different from the coast. That's all I can say to help with this situation. One other thing. They always talk about widening Immokalee Road to 43rd. We've got to help pay our portion of that. Immokalee Road at 34 -- at 43rd is 22 miles from Immokalee. We in Immokalee don't use that road. We go down 29 and then come in on 75. Thank you. MS. FILSON: The next speaker is Ann Olesky, and she will be followed by William McDaniel. MS. OLESKY: Good evening. For the record, Ann Olesky, proud resident of Immokalee, Florida, also work there. I just wanted to say, staff had said that this incentive program, they keep saying, you know, a deferral. All that means is delayed. It doesn't mean that we're not going to pay it. But stop and think. Really, would that be a bad thing for other communities in Collier County? If this works for three years for us, and we start bringing in revenue to our county in a positive way, so maybe it would sunset on Immokalee, but maybe there would be another area that would need it and you could pick up on it. I ask you to look at this favorably because it is important to Immokalee. We want to bring in the people that we need. And the word, impact, we would be less of an impact if we had more people living in our area. Page 254 July 29, 2003 And one other note. Our sheriff has deemed Immokalee, Immokalee, as the lowest crime rate in Collier County, and I'm very proud of that for several reason. One, it means we're taking a step forward in the right direction. With your guidance and understanding, and working with us on this deferral program, meaning that it'll be paid, it could open doors for other communities that are in need, maybe in a different light, but we would have plenty of time to work on it. So I ask you again, please look at this favorly (sic) and get out here to Immokalee and see us. Thank you. MS. FILSON: The next speaker is William McDaniel, and he will be followed by Patrick McCuan. MR. MCDANIEL: Good evening, Commissioners. For the record, my name is William L. McDaniel. I am the owner of Big Island Excavating, a mining operation on Immokalee Road on the way to Immokalee. I also serve, thanks to Commissioner Coletta, as president of the Corkscrew Neighborhood Association. I'm here this evening to ask a couple of questions, if I may, one of staff, with respect to their executive summary. Is it your -- and I don't know which one to address, but is it your intention to stymie this deferral program completely or allow some community input into the thought processes as to how to effectuate it so that none of us will lose? MR. SCHMITT: Well, the real issue here is certainly not to stymie the initiative, and staff has no problem with the initiative. The critical issue here is from a legal perspective that I would caution the board, when we do this for Immokalee, it opens the door for many others to come in, and it's going to begin to undermine the entire consolidated impact fee ordinance, and I would have to turn to the county attorney to clarify that, because it does create an opportunity, and that was staff's probably greatest concern in looking at this ordinance, was the potential. Page 255 July 29, 2003 We know and fully understand and identify the issue in Immokalee. It's just that if in fact this were to be adopted, it was staffs recommendation or staff was considering recommending that it be adopted county-wide, which certainly would have a tremendous impact on the ability of raising impact fees and having growth pay for growth. And that is truly, was staffs concern. MR. MCDANIEL: And the general consensus here is if in fact- - because one of my concerns in reading the ordinance, in reading the executive summary that staff put out is that you're looking to our board to promote, put money to an already low tax-based community that can, in fact, stand on its own, and I don't refute the opportunity of other communities. There are far more communities in Naples, in Collier County, that have and require, need economic assistance packages put to them, but the concern here is we're not wanting a handout. We have an opportunity here, or the perception here is the commission has an opportunity, in my review of the ordinance in and of itself, where you can, through the review processes, analyze what in fact this ordinance has for the effect for the whole community. There's enough review processes in place in the ordinance to not let you get too far along before you get yourself in trouble. The sunshine aspect of it in and of itself is a three-year window there that stops the process. There's a creation of a -- do I have to count his minute of-- CHAIRMAN HENNING: Yes, you do. You asked the question. It was your time. MR. MCDANIEL: The final point, there's a creation of a receivable here with the deferral of the impact fees that hasn't necessarily been accounted for in staffs report. Thank you. MS. FILSON: Patrick McCuan. UNIDENTIFIED SPEAKER: Patrick is not here. I'm his business partner. I've also registered. Page 256 July 29, 2003 MS. FILSON: Crews. MR. KLOHN: CHAIRMAN HENNING: Next speaker. MS. FILSON: Barbara Cacchione. CHAIRMAN HENNING: Next speaker. MS. FILSON: Dr. Sam Durso. CHAIRMAN HENNING: Next speaker. Bill Klohn, and he will be followed by Floyd Good evening. My name is Bill Klohn. I'm here on behalf of the Immokalee Community Development Corporation, MDG Capital Corporation, which is the developer of the Arrowhead community out at Immokalee, and probably a lot of people that work in Collier County that don't have the opportunity for a home. Number one, I echo the comments of Mr. Thomas and Ann Olesky. And let me jump into this real quick. I apologize for my casual dress. I'm off an airplane from a family vacation, but made it. I think what we need to be very serious about is some of the process and what our little group has gone through. We felt we were very organized in getting the Lesser company to demonstrate in our workshop and to staff the pros and cons of the residential impact fee deferral. We had public meetings before the workshop. We had an opportunity to present the staff what was being discussed and proposed before the workshop so that we could have all of our organizational skills together so that when we came to our workshop that you would have all of the information, and I guess I'm disappointed that at least I'm finding out tonight of all of these problems and things that are coming up, when as recent as a week ago, I was working with Amy Patterson on what the language of the deferral ordinance would read. I think that the time is now in Immokalee. I don't think we have until September. I think that -- you know, I know that I've got builders on the fence ready to go in our project, and this was a big Page 257 July 29, 2003 evening or I guess a big day to determine whether or not we were going to have the opportunity to defer these monies so that these builders could get going and people could have homes in Immokalee. So I'm a little bit disappointed with how it's all been handled. I think that we were in good faith very organized in the way that we presented our case and the discussion in the study. I don't like the fact that we might have to think of going again until December. I think that what we're asking for is not a lot different than what was almost approved back in November by this board, which was the five-year deferral. The difference between that deferral and this deferral is simple. There was that five-year speeding bullet. All we're asking for this time is a compromise, and I'll quote Commissioner Coyle. This is not going to be perfect for any of us. We would just like this deferral, which is as was previously stated, it's a receivable. It's going to get paid. Please give us a chance. Let us get this program going. We've worked very hard for it, and we all believe that it works. Thank you. Please support it and please consider the time and I hope we don't have to have a delay until September. Thank you. CHAIRMAN HENNING: Commissioner Fiala. Before you go, Mr. Klohn-- COMMISSIONER FIALA: really believe in this, by the way. Let me just explain, because I I really believe in this. I want to see it happen, but I want to see it happen, and I want to make sure that legally it can happen. And of course, that's why I made the motion or kind of made the motion, but I mean, I would be happy to vote on it tonight. I just don't know that you'd get all the votes tonight. That's the problem. But anyway that's all I had to say. I just wanted to make sure we did it right. MR. KLOHN: Well, I'm all for that as well, and we've had Page 258 July 29, 2003 months to work on this, and I thought everything was going along nicely, based upon my meetings and conversations with -- MR. SCHMITT: Let's throw an option on the table. Again, Joe Schmitt for the record. During the presentation of the workshop, we talked about economic incentives, and part of that included a half million dollars, which staff was already looking at for an economic incentive program in the four that I identified in the staff summary. The one of which had to do with the revolving loan. There was a revolving loan to mitigate economic effects of increases in development fees and that. There was a half million dollars, and then there's another million dollars. There was also a half million dollars identified during the study that supports strictly Immokalee initiatives. The legal aspect of this is like SHIP. We need money to pay the impact fees to support the deferral program. I truly would love to see us pass this deferral program. The issue here is seed money to pay for the program, and frankly, we budgeted two million dollars in the '04 budget for economic incentives. One and a half million dollars of what was identified for the staff initiatives. The other half million was strictly for Immokalee. We would look at taking some of that half million, I can't tell you what it would be, to support this program. Basically, it would be, again, a three-year program as -- well, it would sunset in three years, unless the board agreed or brought it back to extend it, but also as with the proposal was in November, instead of balloon this one, the homeowner would pay the deferral impact fees upon transfer, sale or refinancing of the home, and that's the way the ordinance is written. So -- COMMISSIONER FIALA: The impact fees upon the date of purchase. Like, if the -- MR. SCHMITT: That's correct. Page 259 July 29, 2003 COMMISSIONER FIALA: -- the impact fees of this year, rather than in three years. MR. SCHMITT: Like the SHIP program, yes. You pay back today's impact fee rate, not the rate that would be or may be in three years. COMMISSIONER that you're looking at or what price range are we MR. KLOHN: We COMMISSIONER these? HALAS: I have a question. This product that you want to develop in Immokalee, looking at? have 1,245 dwelling units. HALAS: The price. What's the price of MR. KLOHN: Currently, even though this impact fee ordinance is recommended for 175,000, our target market right now for the builders that we have that want to come into this project would be 135,000 to 155,000, maybe 160,000. COMMISSIONER HALAS: So we're talking an impact fee of about $6,000 -- well, 6,000 -- almost $7,000? MR. KIJOHN: The impact fee deferral, yes, sir. COMMISSIONER HALAS: Right, $7,000 per unit, based on between 135 and 155,000, and that would be over a 30-year period; is that correct? Because you would pass the cost of this on to the person that's going to buy the home? MR. KLOHN: Yeah, the person that ultimately purchases the home bears the cost of the impact fees at some point. COMMISSIONER HALAS: Exactly. So you're saying you have a product out here that's 135,000 to 155,000, and what we're looking at here is deferring about $7,000 of that money for a later date, three years or four years or 20 years down the road when they sell; is that correct? MR. KLOHN: Yes. And as you recall in the Charles Lesser study, the national average, I believe, was somewhere around 2.8 or 3.3 years. Page 260 July 29, 2003 COMMISSIONER HALAS: Okay. And so basically, what you do is you add the $6,000 to the cost of that product -- excuse me, $7,000 to the cost of that product, whether it's 135,000 or 155,000; is that correct? MR. KLOHN: I believe that the $165,000 figure would have included that, so you need to back that out. COMMISSIONER HALAS: No, 155. MR. KLOHN: You have to back out the $7,000. COMMISSIONER HALAS: Either you were going to add it to that price or you were going to take it out of that price. MR. KLOHN: Take it out of that price. COMMISSIONER HALAS: You're going to take it out of that price. Okay. MR. KLOHN: The price is still the price. It gets paid someday. So when I cited that range of home costs, it included that -- COMMISSIONER HALAS: Where I'm going with this, okay, and bear me out, where I'm going with this is that the person that's going to buy your product, whether it's 135,000 or whether it's 155,000, you're going to -- you're basically adding $7,000 to the product as it stands today with the impact fees, okay, and so that would be, if a person took the mortgage out over a 30-year period of time, really, that there's not that much of an incentive, because eventually, if we weigh the impact fee, that person's going to have to pay the impact fee when he goes to sell the house. So where we're looking at here is really not that much as far as a monthly payment goes when you base it over a 30-year period of time. MR. KLOHN: I don't know the exact numbers. I think Cormac can address that, but it's actually quite huge, Commissioner Halas. The difference of $7,000 -- COMMISSIONER HALAS: Over 30 years. MR. KLOHN: The difference of $7,000 for a person to buy their first home, $7,000 is huge, and maybe Cormac could address Page 261 July 29, 2003 how many people would be eliminated by that $7,000 difference. MR. GIBLIN: Cormac Giblin, housing development manager, for the record. $7,000 amortized over 30 years is not a huge difference in monthly mortgage payment, but what it does in Collier County specifically is every $1,000 increase in purchase price knocks out 311 potential buyers that would otherwise qualify for that unit. COMMISSIONER HALAS: What was that again? MR. GIBLIN: For every $1,000 a home price is increased, you knock out 311 potential buyers that would otherwise qualify for that unit. CHAIRMAN HENNING: Mr. Combs (sic), what I just heard was your highest price home is going to be 155. And now, if you get a deferral, you're going to add another 6,000 on this? MR. KLOHN: No, the range that I gave you, which is the price range that our builders anticipate to build in, 135 to 155 or 160,000, that would include the impact fees that we propose to be deferred. CHAIRMAN HENNING: Okay. Thanks. Commissioner Coletta. MR. KLOHN: One more statement, please. What it does is it brings us into hefty and reasonable competition with the work force that's leaving Immokalee and going to Lehigh Acres. It brings us closer into alignment with the home prices in Lehigh. CHAIRMAN HENNING: Did you have something? COMMISSIONER COLETTA: I did, but I -- well, I guess my question, if I may, to you, Mr. Schmitt-- CHAIRMAN HENNING: Thank you, Mr. Combs (sic). COMMISSIONER COLETTA: Thank you very much. This money that we have for the Immokalee initiative, that $500,000, what was that earmarked for? I'm trying to remember now. Page 262 July 29, 2003 MR. SCHMITT: There was a proposal that was made at the workshop, and based on that proposal, County Manager Jim Mudd identified a half million dollars. Now, there were two initiatives moving at the same time here. The staff, along with the EDC, was working on economic proposals requiring one and a half million dollars, half million dollars for one program revolving fund, a million dollars for the other program. You're going to hear those in September. There was another half million dollars out of the workshop that Mr. Mudd took from notes in the workshop and we budgeted. We all sat back and said, what really is it that they want to do with this half million dollars. We finally determined that that was very much, very similar to the proposal that we had involving the revolving loan program. So instead of the one million for that program, we were going to come back for a million and a half to make the two million. MR. MUDD: What the differences were in Immokalee, Commissioner, specifically were, there were going to be more dollars that we're going to be putting aside for training that individual person that was going to work in Immokalee. It was an extra thousand or $2,000 there, and it was a longer time period that that particular commercial vendor, and it was not only vendors that EDC is trying to attract, which is on your high scale list of high tech and low pollution, I'll call it that way, okay, type vendors, but they also added manufacturing to the Immokalee proposal in that process, and when you do that, I was sitting next to Tammy Namachek (phonetic), and I said, Tammy, what are we talking here, have you done some of the numbers, and she said, yeah, it's about a half a million dollars. COMMISSIONER COLETTA: I hate to give up the initiative on one end to be able to do the other end. That's the part that bothered me. MR. SCHMITT: Commissioner, we're going to have it covered, because the million dollar program is specifically geared towards Page 263 July 29, 2003 commercial -- promoting commercial development, and to help pay for the deferral of impact fees for commercial development throughout all of Collier County to include Immokalee. And that was the revolving loan program. So we could look at this half million dollars as a way to begin to pay for this revolving loan program, because it would serve almost like SHIP does right now, where you pay and then at the moment that this is -- whatever the trigger may be of selling the home or refinancing -- now, we do promote refinancing for lower fees, but if it's a refinancing to take money out, we would ask then for those payments to be made and it would pay back the revolving loan. So we would -- we would use this half million dollars to start the revolving loan program to support this initiative. MR. MUDD: But I don't want to give you the false impression that a half million dollars covers all of the deferrals if all 1,245 of those buildings in Arrowhead come forward. That's about eight and half million dollars worth of deferrals that you're talking about as far as impact fees are concerned. So, Commissioners, let's put the numbers on the table so that we all know. Now, I'm going to say that not everybody that's going to buy a property in Arrowhead is going to ask for the deferral program. Okay. If somebody comes in and says, I can afford it without having to use the deferral program, then you do it. Now, if you do the numbers that Cormac gave you, he basically said for every thousand dollars increased price, you lose about 300 people. Well, $7,000, you're going to lose 2,100 people based on that increase of $7,000 to that price on that home with the statistics that Cormac gave you on the average. CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER HALAS: I'm going to ask legal staff, where does this leave us? MR. WHITE: Assistant County Attorney Patrick White. Page 264 July 29, 2003 If I understand the question, Commissioner, I'm assuming you mean if you go forward with the program today that's proposed? Our concern is, as expressed by the staff, that we have essentially an equal protection problem. COMMISSIONER HALAS: Even with the 500,000 that we -- MR. WHITE: No, I believe that that cures, from our perspective, in large measure, and I believe that there's some wisdom in hearing the next four economic incentive matters in September at the same time as this, because although they're not identical programs, they're sufficiently similar that you can tell from the structure of those programs how it would be that this program could operate as well. The difficulty is having that initial appropriation in order to cover the deferred fees. The thing that's the legal defect is not having the money up front at the time that those impact fees are due and to be paid. COMMISSIONER HALAS: Right. MR. WHITE: If you have a way of doing that from appropriations from general fund, and you keep track of those monies and cycle them through, then I think that this is something that is very defensible. There are other things that potentially could be as well in terms of flat out deferrals, and I think that's something that your staff has mentioned to you as an option, but from the legal perspective, I think either of them are defensible. COMMISSIONER FIALA: In other words, we really know where the money is going to be coming from right now, right? MR. SCHMITT: In essence, yes, but there's -- as Mr. Mudd pointed out, that's this year. We may need another half million next year in order to prop up this program. I can't tell you today, in the projections and the figures we show, as Mr. Mudd just mentioned, that if in fact somebody comes in and they buy -- well, we were looking at 100 homes, that's $686,000.. That's going to eat up the Page 265 July 29, 2003 entire lot, and then some, and then next year, and we may not see that money paid back into the revolving fund. Average of seven years for a mortgage. In fact, that's kind of-- to forewarn you, that's the telltale saga that may impact the economic incentives as well, is the following year commitments, the out years that we're going to have to budget to support these programs. All great programs. Just a matter of are the resources there to support them. MR. MUDD: Commissioner, in one of the staff-- and I've talked to the staff and I've beat them about the head and shoulders, okay. You got three revenue sources. You got impact fees, general fund and sales tax, okay, and you got other fees for water and sewer and stuff, but you can't touch that money, and for solid waste and stuff. And you basically have to be able to look at those revenues and figure out how you're going to lay those things out, and then you tell the staff you want to be -- or you tell me you want to be millage neutral, we're going to come in millage neutral, but when you defer impact fees that we're counting on in order to do a project, it might not be a total road in Immokalee, but at someplace else, or it's a neighborhood park or whatever. Now you're going to go out and you don't build it, and then you get yourself into a -- you might get yourself in a concurrence problem. Or if you say go do it, build it, and we don't have those dollars in impact fees, then I'm either looking in the general fund to go get it, or I'm taking out a bond issue and taking out a loan and now I'm paying interest on it. So I'm making our plate worse. So what we're trying to do, and the reason I had the staff put in - - let's look at the whole -- let's look at all the initiatives at the same time and see how we want to stretch those dollars in the best way we possibly can as a county and as the board of county commissioners to kind of take a look at that in the whole light of things so that you can -- and if part of the deferral is good to go and you want to fund parts Page 266 July 29, 2003 of it with some of those dollars that we brought forward for unfinanced requirements, you'll have that opportunity, and I'd like you to see the whole thing together so that you got a good idea. COMMISSIONER COLETTA: I have to admit that Mr. Mudd's right. I'd hate to cut off, you know, the 500 and put it into this, and then find that it only went for like 100 homes, and we're standing there with mud on our face, and then maybe the economic incentives we're looking to go forward with might be at a loss. COMMISSIONER FIALA: Mudd isn't going to be on your face. He's gonna stay right over there. MR. MANALICH: Mr. Chairman, you have one more speaker. CHAIRMAN HENNING: Yes. MR. MANALICH: Floyd Crews. MR. CREWS: I'm the last one. I've been standing up here. I'm Floyd Crews. CHAIRMAN HENNING: Fire Commissioner Floyd Crews. MR. CREWS: We need a little help in Immokalee. I hope you all can figure out how to give it to us. I think that if we had some of these houses in progress that maybe the ad valorem taxes that came from that would help put money back into the kitty on the other end, and maybe we could get it done. I'm not going to go back over everything everybody else has said. Thank you. CHAIRMAN HENNING: Thank you. The motion and the second on the floor is to continue this item. COMMISSIONER FIALA: Until September. CHAIRMAN HENNING: Until September the 9th. Any further discussion on the motion? All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. Page 267 July 29, 2003 COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion is continued. Thank you. MS. FILSON: Commissioner Coyle, is he still with us? CHAIRMAN HENNING: Commissioner Coyle, are you still there? COMMISSIONER COYLE: I'm here. CHAIRMAN HENNING: Okay. COMMISSIONER HALAS: How'd he vote? CHAIRMAN HENNING: You voted with the majority? COMMISSIONER COYLE: Yes, I did. CHAIRMAN HENNING: Okay. 5-0. Item #9D RESOLUTION TO ESTABLISH THE FIRE AND EMERGENCY MEDICAI. SERVICES ADVISORY COMMITTEE-DENIED Next item, we've got some folks from the fire districts, item 9- D, resolution to establish the fire and emergency medical services advisory committee. MR. MUDD: Mr. Dunnuck will be presenting, Mr. Chairman. CHAIRMAN HENNING: Mr. Dunnuck. MR. DUNNUCK: Good evening, Commissioners. For the record, my name is John Dunnuck, public services administrator. This item is a follow-up item from an item that was continued previously, and before that was a direction given during the strategic planning workshop of the board of county commissioners where they requested that we create an EMS, fire advisory board to the board of county commissioners to discuss ways that we can improve efficiencies between the two areas. Page 268 July 29, 2003 The resolution you have before you is to create that committee. What it comprises of is one elected official from each of the independent fire districts, one elected official from each municipality, and then it would have one commissioner acting as a chairman of this committee from the board of county commissioners who would represent EMS and the two dependent fire districts. Recognizing the late hour and recognizing we have speakers on this issue, I can answer any questions that you may have, or we may just want to go straight to the speakers. CHAIRMAN HENNING: All right. I don't see anybody's hands raised. Commissioner Coyle, do you have your hand raised? He's gone. Please call up the public speakers. How many public speakers do we have? MS. FILSON: Four. CHAIRMAN HENNING: Okay. MS. FILSON: The first one is Terry Lewis. He will be followed by Floyd Crews. CHAIRMAN HENNING: I think Mr. Lewis is the legal staff for the fire steering committee, and there were some questions raised, and continuing, so hopefully we can -- MR. LEWIS: Yes, sir. I am Terry Lewis. Excuse me. I'm here on behalf of the Collier County fire service steering committee. If I could for a moment defer to our president for the moment, let him go first, I think that might be appropriate, and I'd be happy to follow him, if that's okay. CHAIRMAN HENNING: That's fine. MR. LEWIS: Okay. MR. CANNON: For the record, my name is Tom Cannon. I'm chairman of the East Naples fire commission and chairman of the Collier County fire steering committee. In your agenda package, you have a letter that I authored in care Page 269 July 29, 2003 of Mr. John Dunnuck. Just to point out a few highlights there or I'll answer any questions that you may have regarding that. I still feel, as I felt on June 24th, that what we're doing here is duplicating an ongoing committee that's been in place since 1991, which is the Collier County steering committee. What is being passed out to you right now is accomplishments that this steering committee has accomplished since 1991. I've heard many comments in the past that the steering committee is just a committee where we can get together and share a good laugh a few times, but I think you'll see from that handout that it is a committee made up of the independent fire districts on occasion, more times than not, from the municipal districts, and we normally would have somebody from EMS there. We have accomplished a great deal in the last 12 years. We're going to accomplish another great deal in the next 12 years. This steering committee is not going to go away. We're only going to accomplish more. So what are we trying to do by putting another committee together. I read about the cooperation between EMS and fire. I don't know how many commissioners have read the latest East Naples Civic Association newsletter, but there's a story in there about a program that East Naples and EMS started July 7th of-- this month, regarding a paramedic intermediate program. After numerous years working with EMS, working with Dr. Tober, East Naples is now providing ALS engines, whereas our paramedics that are trained by the state, passed the state test, are now able to practice their skills. That sounds like there's some pretty good cooperation going on right now. Three departments are under an ALS program with the county EMS right now; East Naples, Marco Island and I believe the City of Naples. We're trying to do, and it seems like we're trying to meet, start Page 270 July 29, 2003 another committee that's just going to do the same thing the steering committee has worked on in the past. I do have concerns on the makeup of the steering committee. I'm glad to see that now you're going to add a representative from the municipalities. I still do the invitation to where we can include a member of the board of county commissioners onto the steering committees. We're more than willing to change the day of our meetings, more than willing to change our by-laws and our articles of incorporation, and I'm happy to have with us tonight Terry Lewis, who will speak to you on the questions and legalities that were brought up last meeting on the 24th of June regarding the sunshine law violations, and I'd like to just refer back to TelTy and let him go through his research and what he has advised us. MR. LEWIS: Mr. Chairman, members of the commission, thank you for your time and I'll be speedy, at least as quick as my southern tone will allow me to go. For the record, the steering committee has existed since 1991. It is open to all the fire rescue districts, to all the cities in the county here in Collier County, and it exists in perpetuity. It's a continuing, not for profit corporation, is the way it's organized. So you do have a mechanism in existence for coordination among the fire and the fire rescue professionals and the elected officials in the county. The meetings that I have attended do include elected officials, fire chiefs, emergency rescue and code enforcement officials. So you have a broad array of resource people as well as elected officials participating, and you have an institutionalized forum. The issue that was put to me, the legal issue, was the issue of whether, as organized, the steering committee ran afoul of government and the sunshine prescriptions in the way that it met. We had a similar situation with a very similarly organized group in Lee County, and as a result of that, the actual issue is, and I think it's the same issue in both places, is whether when you have two or more Page 271 July 29, 2003 elected officials from the same governing board attending a meeting, does that require notice under the government in the sunshine act. In an abundance of caution, the general answer is yes. I mean, you could modify that by saying provided there is some issue discussed at the meeting that will then come before the board for a decision. But the answer is yes. The cure for that, and the -- I'm pleased to say that the attorney general's office confirmed this when I asked that question, and I do have that in writing, is to cure that with notice. The notice provisions that I've prescribed that we've prepared for our steering committee not only notice the meeting of the steering committee in advance, they notice the meeting potentially as a meeting of all the participating governments that are signatories to the agreement. So you can have two or more of your -- you could have two or more of your elected officials attend if you wanted to, and you were members, but we take care of the matter by simply noticing all of the meetings that way, and we do the same thing in Lee County, and that -- that's routinely done. Our firm represents more than 50 local governments around the state. A number of the counties and cities that we work for, you know, as an example, like to go to Tallahassee during the legislative season and lobby. When you have two or more of your cormnissioners lobbying your legislators, the typical cure for that is to notice that meeting as a government in the sunshine for the day or two that those commissioners are there and allow any member of the citizenry or the press to follow those commissioners around to any meeting that they go to with their legislators. So I'm just describing a practice that's routinely done and so far as I'm concerned, as between me and at least the last attorney general, I think we have a cure in place for any kind of notice requirements that government in the sunshine would require, and I'll stop talking at this point and respond to questions if you have them. Page 272 July 29, 2003 CHAIRMAN HENNING: Sir, this -- right up here. MR. LEWIS: I'm sorry. I swear it sounded as though it was coming from that area. COMMISSIONER COLETTA: He has a way of doing that. COMMISSIONER HALAS: That's why he's our chairman. CHAIRMAN HENNING: Just don't refer that when you talk to my wife. Somebody -- I was reading the notification, the recent revised notification for the fire steering committee, and is the meetings open to the public? MR. LEWIS: Yes. CHAIRMAN HENNING: Now, I'm not sure if it's correct or not, whether that meets the sunshine, because I didn't see where it said where you can get a copy of the agenda. MR. LEWIS' It doesn't. I don't think that the notice says that. i have advised the steering committee that once the notice is in the paper, anyone that calls needs to be provided with an agenda. It isn't a requirement under -- may I continue? CHAIRMAN HENNING: Yes. MR. LEWIS: It isn't a requirement under chapter 286 that you publish an agenda. The actual language in the act is reasonable notice under the circumstances. But my advice is that an agenda needs to be prepared when the notice goes out so that anybody that is curious about content of the meeting can lay hands on one. CHAIRMAN HENNING: Correct. MR. LEWIS: Yeah. CHAIRMAN HENNING: But it didn't say where you could obtain an agenda. MR. LEWIS: It doesn't. And if that's -- I guess that could fall into the category of a technical deficiency, but it's pretty easily cured with a second notice. But yeah, it would be my intent -- it is not my intent to avoid that. My intent would be that, you know, those Page 273 July 29, 2003 agendas be made available days in advance of the meeting. CHAIRMAN HENNING: Correct. Thank you. MS. FILSON: The next speaker is Floyd Crews, and he will be followed by Joyceanna Rautio. MR. CREWS: Again, I'm Floyd Crews. CHAIRMAN HENN1NG: Fire Commissioner Floyd Crews. MR. CREWS: Good morning. Or good afternoon, sir. The problem that I have, other than it takes all day just about to come to a meeting, and we're really duplicating a meeting, is that everybody that's here is a part of my reference books. In order for me -- because I'm probably the newest one at this committee, there's all kinds of things I don't know. I have to rely on Ray Alvarez, our chief. I have to rely on Leo Rogers, the fire inspector. I have to rely on all the rest of them out here for my knowledge in order for me to make and understand how some of these things work. If we had it singled out into a committee, I would still have to bring my same books and knowledge with me. That's all I have to Thank you. CHAIRMAN HENNING: MR. CREWS: He's right. CHAIRMAN HENNING: Mr. Crews, Tom Henning. Your voice does come from there. I was told after I left last night, talking to the fire steering committee, that a vote was taken and the majority of the fire districts said that if the board of commissioners created this horizon committee that they would participate with this horizon committee. MR. CREWS: Now tell me this again now. You said they would or would not participate? CHAIRMAN HENNING: Would participate. They took a vote last night. MR. CREWS: Yes, sir, because we have to have representation. That is on my part, but whenever I come with my part, I'm going to have to bring my books, and we're duplicating the committee again. Page 274 July 29, 2003 So actually, we're back to the same point of having the same committee that we have now. So why duplicate the thing. CHAIRMAN HENNING: Commissioner Fiala. COMMISSIONER FIALA: That's exactly my thoughts, too. Why would you create another committee with the same people on it when you already have the committee. Why not just fix what you have? MR. CREWS: That's my thoughts. COMMISSIONER FIALA: So if you have to notice the agenda, fine, notice the agenda. If you definitely want to have somebody from county commission on there, fine, have that. I don't see why we can't just fix what we have. MR. CREWS: I agree with you. Thank you, ma'am. CHAIRMAN HENNING: Thank you. MR. CREWS: Thank you all. MS. FILSON: Your final speaker is Joyceanna Rautio. MS. RAUTIO: Good evening. For the record, my name is Joyceanna "JA" Rautio. I'm a North Naples fire district commissioner, and I'm also here today to represent our board and report the action that we took at our meeting on the 24th of July. At that meeting, our five member board voted unanimously, five to zero, to reject the concept of the fire/EMS advisory committee. We did this for a number of reasons. I was somewhat surprised that for once there were five people all agreed on a controversial issue at North Naples. The first item probably was the duplication issue. The fire service steering committee has been there 12 years. Long list of information that -- accomplishments that were provided to you. Another one was why would we need the fire/EMS advisory committee at the county. Well, you all can cooperate with the five independent fire districts, both individually and as a group, and today we notice the partnership issue with Heritage Bay. We got 7.73 acres Page 275 July 29, 20O3 of a government, fire, EMS, sheriff substation donation from a developer, and Carl Reynolds, our fire marshal, has been involved in that issue since Heritage Bay ever existed. So on an individual basis, the county's been cooperating with us on that type of thing, which would be a land use issue. As far as we're concerned, we'd like to invite a board of county commissioner member to become an elected official of our group. We will still welcome Jeff Page, who is the EMS director. We'll still welcome, let's see, Ochopee Fire Chief, Chief Wilson. We would still welcome at our meetings the Isle of Capri Fire Chief Rodriguez, and of course, we'd still welcome John Dunnuck when he has a chance to come for staff from the county. But that it would make sense to go ahead and change our by-laws and have an elected official from the county there. Speaking of being elected officials. I believe there are 19 fire commissioners in Collier County for the independent districts, and we are all part of governmental entities, five of them. We operate through enabling acts, and we feel that there should be an even playing field. So the concept of having us serve at the pleasure of the board of county commissioners on a fire/EMS advisory committee really didn't feel comfortable, and we just want to say that we want to remind everybody that fire commissioners do serve at the pleasure of their voters. Now, I just want to suggest again with the partnership concept that we will suggest to you, we will offer to you, we'll invite that a county commissioner come and become an active member of the fire service steering committee. We urge that person to attend each of the monthly meetings, and we're more than willing to change our by- laws or articles of incorporation to include a county commissioner, and I think we have two options there. One, we would go ahead and that county commissioner would take the place of the two Page 276 July 29, 2003 independent fire districts that we have now as it's been suggested in the resolution before you. Or we could go ahead and add another voting member, which would be an elected official and keep those two independent-- excuse me, dependent districts, so we use them as a resource. So I think this is something that's worth really exploring, and I just want to say, once again, that the fire service steering committee is a very inclusive group of people. We do not want to be exclusive. The public's welcome. A whole variety of command staff can come, and they're a great resource, as the previous fire commissioner mentioned. So I'm standing here today to ask you to reject this proposal and come join us at the fire service steering committee on a monthly basis. Thank you. CHAIRMAN HENNING: Thank you. No further speakers. Ramiro, I think that the concern was the advertising and the sunshine law of the fire steering committee, and I think it's appropriate for you to weigh in on this issue. MR. MANALICH: Okay. Thank you, Mr. Chairman. I've had the pleasure of speaking to Mr. Lewis, who I found to be very knowledgeable and cooperative in calling me this morning and talking about it. I really don't have any major issue with what he says. The crux of the problem that I saw, and I echo what David Weigel had said previously, it's not our practice of our office to pass on the practices of other governmental entities. However, we're more than happy to respond to your question. And essentially, the concern can arise, when you have two or more members of a particular entity, elected representatives, that serve on this steering committee, and the concern is if you don't advertise it in the way that Mr. Lewis described, then if those two members attend the steering committee, so we have, for example, a number of any particular district, two of Page 277 July 29, 2003 them, elected officials come to the steering committee meeting, if it were only advertised as a steering committee meeting, and those two individuals talk to each other at that steering committee meeting about business relating to their fire district, then you could have a violation. You also raise a valid point, Mr. Henning, with regard to the agenda. My reading of the attorney general's manual is that while I agree with Mr. Lewis, technically it may not be required, it is reasonable notice under the circumstances, certainly it's highly encouraged and advisable to have an agenda either as part of your notice or referred to as to where it can easily be obtained, and I think that they've mentioned that they will be addressing that. So those were valid concerns that existed out there prior to this discussion. I hope I've made myself relatively clear as to the crux of the concerns. CHAIRMAN HENNING: One more question before I go to Commissioner Halas. Last night when I was there, there was some approval of the agenda or the minutes by a member -- well, fire chief, and then I asked the question, who was the representative -- the spokesperson for each of the districts, because I was told there's one voice for each of the districts, and I was told that it was the chief from the one district was different than the representative. There was a representative from the same district, the chief. Is that problematic under -- MR. MANALICH: It could be. I mean, I don't know exactly what their by-laws say or what authority they have to, you know, to have someone in place of another representative there. I mean, it is from the same district, but I don't know if their documents obligate them to send a particular individual or if they have some flexibility there. MR. LEWIS: The way I read the documents, there's supposed Page 278 July 29, 2003 to be one voting member from each of the member districts or each of the member governments that are there. Who the designees were for the individual governments, I don't know. I mean, I was there. You asked a good question on that, but ifs not uncommon at meetings where you have other people coming for somebody to forget that they're not a member and make a motion or something like that. But I don't know that that happened, but I did advise them on that. Under their own articles, it looks as though their board of directors needs to conduct the business of the steering committee. CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER HALAS: If you had -- if you have two county commissioners present and you said that you didn't think it would be in violation of the sunshine law. Would it be perceived that that might be a violation? MR. MANALICH: I mean, my advice would be to steer clear of any perceptions as you say, and perceptions can be significant as to -- if you were to do that, just have one county commissioner attend, and then those questions don't arise. I'm not saying that technically you can't notice it in a way that it can be complying with the law. I agree with Mr. Lewis in that, but certainly you're sensitive to perception issues, and avoiding any appearance or potential for problems. MR. LEWIS: That's consistent with my advice to the boards that I represent. I generally don't think it's good to encourage travel with two or more elected officials together. CHAIRMAN HENNING: Commissioner Fiala. COMMISSIONER FIALA: Yes. Quite frankly, I feel that I would prefer not to move forward on this, but go ahead and fix what we have in place. It's a 12-year standing committee that seems to have worked well together and done many, many things already. I'd like to see that committee stand, be fixed a little bit and I would like to reject this proposal. Page 279 July 29, 2003 COMMISSIONER HALAS: I would just like to ask the staff what -- COMMISSIONER FIALA: Make a motion to reject this proposal. I'm sorry. I didn't say that before. CHAIRMAN HENNING: There's a motion on the floor to reject item 9E -- 9-D. MR. MUDD: 9-D. Delta. CHAIRMAN HENNING: Yeah, delta dog. Is there a second to the motion? Motion fails for a lack of second. Do you have a staff question? COMMISSIONER HALAS: Yes. I'd like to ask Mr. Dunnuck here just exactly what are we trying to accomplish, the end result here, in regards to starting this other group or to continue with the group that we presently have in place, and if you could enlighten me just a little bit of what we're trying to accomplish. MR. DUNNUCK: Well, ultimately, it's a board policy decision on how you want to proceed, but the goal of this advisory board, as we discussed in the strategic planning workshop several months ago was to look at ways where we can facilitate communication at the elected official level to work on areas where we can have more efficiencies between the operations, EMS and the fire districts all together, and that, you know, there are lots of opportunities out there, and yes, we have made lots of-- we have made strides with those fire districts over the last couple of years and over an 11-year period as outlined in that fact sheet that they've provided you. This is just -- this is a way of taking it to the next level from our standpoint and bringing some issues to bear and talking about those issues in a setting that is comfortable for the board of county commissioners. COMMISSIONER HALAS: Okay. The next question I have. If we -- if we instruct the fire commission to address the issues that they have that Commissioner Fiala brought up, will that take care of Page 280 July 29, 2003 the situation, the problem? MR. DUNNUCK: Well, my recommendation before, and Ramiro can weigh in more so from a legal standpoint, but that if you wanted to stick with the present steering committee and they've made a good faith effort today to say that we would -- we'll change our by- laws to add and tighten up, add a commissioner onto that committee, if that's the way the board wanted to go, before you would go that route, you would make sure that the sunshine laws are to the level of comfort from our county attorney's perspective, and I think that's probably been the one thing that to date has been missing, because the county attorney's office isn't going to weigh in on the issue of an independent board district, and I think that's what Ramiro touched upon previously. MR. MANALICH: Once you're a member, then obviously we would have great interest if you were to be a member in making sure that -- because if you're just an attendee, you don't have any exposure to the sunshine law violation allegation. You become a member. Then we need to make sure in working with you that, you know, we all agree that the notices are done properly and, you know, the attendance is proper. CHAIRMAN HENNING: Commissioner, the fire steering committee does a lot of great things within the community, not only for the fire districts, for the whole community. It's the intent to -- of this horizon committee of how can we deliver a great level of service to the taxpayers for the best bang for their buck. Okay. Some of the things that the fire steering committee does, I'm not sure if you would be interested in. The fire official code is one of the main things that they administer, and that is something that was taken out of government and given to the independent fire districts. There are things -- like they do -- I mean, they work with 4th of July and halloween and other things and, you know, from my perspective, that's great if they want to work on it, but the things that Page 281 July 29, 2003 I want to do, and I did some research this morning on the reporting stuff, is one thing that we want to do is cite fire stations throughout Collier County so it works in the best interest of the taxpayers again, and that's under the insurance rating. So the taxpayers should get the best insurance rating throughout Collier County. It was said that that was given to the board of commissioners on an annual basis, I have it here for anybody's review, North Naples, last year, did cite where they need future sites, but the other independent districts, the rest of it was financial reporting, which they're supposed to do under the state statutes. So if I know where in Commissioner Coletta's district, where he needs fire stations, Commissioner Coletta is a great advocate for doing some cooperative effort with developers, whether a PUD or DRI, to get that land for free or put in a reserve, and I think that's a great benefit to the taxpayers, and the ultimate is lowering the insurance rating, and that's just one of the items that we can work out. That's - but we need to plat that and put it up on the peg board so when these developments come through that we have the ability to do that. COMMISSIONER FIALA: But if you're having the same people -- I mean, because the steering committee is going to continue on, and then you're going to have the same people on the other committee, which just means another committee a month. Why don't you just incorporate it into one? CHAIRMAN HENNING: Okay. Let me explain it to you, Commissioner Fiala. It is -- it's not my interest to deal with fire code official items, and that's the main thing that the steering committee does. Okay. So it's not really a duplication, and again, the fire steering committee does a great job of doing that, but they do things that, you know, really wasn't -- the horizon committee wasn't set up to do. Page 282 July 29, 2003 COMMISSIONER FIALA: Can't you do them together? I mean, can't you incorporate both of them into one just so you don't have another committee meeting for all of these people? CHAIRMAN HENNING: Well, you know, what is wrong with elected officials getting together to work to the best interests of the taxpayers? COMMISSIONER FIALA: Nothing. Absolutely nothing. CHAIRMAN HENNING: No matter if it's another meeting or what. Does it really matter, as long as you're working for the taxpayer? COMMISSIONER FIALA: I don't know I -- it must be late. I can't see why you would create another committee. If you want to do a few more things, why not just task the committee that exists to do it. CHAIRMAN HENNING: I understand what you're saying, but they do a lot of other things, and I'm not sure that you would be interested in. COMMISSIONER FIALA: I probably wouldn't, but you might be. CHAIRMAN HENNING: Commissioner, I want to do the best thing for the taxpayer. COMMISSIONER FIALA: So do we all. CHAIRMAN HENNING: But I also want to spend some time with my family. So if I don't need to be there for decisions, I'm going to be with my family. Okay? That's the bottom line. COMMISSIONER FIALA: Well, sure. I understand. The same with them. They don't want to go to two meetings. CHAIRMAN HENNING: Commissioner Coletta. COMMISSIONER COLETTA: I do want to recognize the fact that of all the people sitting up here, Commissioner Henning does have the experience that we lack as far as fire commissions go. I've been very quiet about this because I didn't want to weigh in until I Page 283 July 29, 2003 could hear from Commissioner Henning, and I understand where he's coming from. I do understand that we're going to be asking these people to attend an additional meeting from what they're already doing, and if we only have 50 percent participation, that's my concern. You know, I -- if you really want to do it, I'll vote for you to do it, but I just want to make sure that you're not going to get into something that's destined to fail because you're not going to have enough support. CHAIRMAN HENNING: And what I learned after I left, Commissioner, is all the fire districts, except for one, said they would participate. MR. CANNON: Can I correct you on something? My name is Tom Cannon, chairman of the steering committee. There was no vote taken last night. I don't know where you got your information. We asked the other districts how their board voted in their regular meeting. And I'll just let you know, 19 fire commissioners in this county, 17 voted against it. Two voted for it. But there was no vote taken last night. Only consensus on what the districts voted in their regular board meeting. So -- and I don't know what we do for halloween. You keep bringing up halloween. We don't do anything for halloween. CHAIRMAN HENNING: Sir, it's in your minutes. MR. CANNON: Our minutes? CHAIRMAN HENNING: Yeah. The minutes of the steering committee. We got public speakers. Everybody spoke. Thank you. Any other further questions? Entertain a motion. COMMISSIONER FIALA: I still would like to make a motion that we reject this proposal and join -- and encourage the steering committee to improve and modify their meetings so that they have a commissioner there, so that they post them correctly, and take on the Page 284 July 29, 2003 issues that Commissioner Henning has mentioned. CHAIRMAN HENNING: Is there a second to the motion? COMMISSIONER COLETTA: Reluctantly, I'm going to give the second, for the simple reason that I think you've got something here that will work, and we can use your expertise in this particular group. Have them modify their particular agenda so that it fits what we need to do, too. CHAIRMAN HENNING: Well, I'm not sure if they're willing to do that, Commissioner. COMMISSIONER COLETTA: I just heard them say they were. CHAIRMAN HENNING: I'm not sure if they're willing to remove, because the fire official code, and that reporting period, which you know, the county gave that up years ago. COMMISSIONER COLETTA: May I make a suggestion? CHAIRMAN HENNING: Sure. COMMISSIONER COLETTA: Possibly their meeting agenda could be set up so that you'd attend the first part, and then the last part, you could leave and they could handle this other business that they have and you'd be able to participate in the part that's important. CHAIRMAN HENNING: Here's another problem with their by-laws, is they don't have the ability for the municipalities to participate as a voting member. UNIDENTIFIED SPEAKER: Point of order, we do. COMMISSIONER COLETTA: If I may, and I don't want to get into an argument. I'm not. I'm just trying to find a solution for this. Is there a possibility you might consider letting this thing go and see what they can do and if they can't come to some sort of solution that's going to make it work as far as bettering the situation out there with the county's involvement, at that point in time, bring it back to us, and you know, let us run with it then, and then it just -- it would just work. Page 285 July 29, 2003 They've got every incentive in the world right now to try to make it work. I think you've come a long, long ways with this from where it was the last meeting. CHAIRMAN HENNING: At this point, I think it would be out of order to do something different than what's on the agenda. So if it's appropriate to reject the item instead of creating something and have --just have that on a future agenda. COMMISSIONER COLETTA: Okay. Forgive me, though. You're saying if we reject it, you're not interested in pursuing this other end? CHAIRMAN HENNING: No, I'm not saying that at all. It's just -- COMMISSIONER COLETTA: Okay. I didn't think so. CHAIRMAN HENNING: Okay. It's the fact is it's not advertised for the agenda with the agenda set, and if the commission doesn't want to approve the horizon committee, then reject it, and then we'll move on with the other steering committee stuff at a later date. There's a motion on the floor, but it's a different direction. MR. MANALICH: Yeah. I think where we're at is, Commissioner -- or Mr. Chairman, I think you're requesting that the motion be amended -- CHAIRMAN HENN1NG: Right. MR. MANALICH: -- to either be a straight up and down rejection or not of the proposal? CHAIRMAN HENNING: Correct. MR. MANALICH: And I guess Commissioner Fiala has the motion. She can decide whether she wishes to amend it or stand by the one that she's already proposed. COMMISSIONER FIALA: All right. I guess I thought that's what I did, but let me see. MR. MANALICH: Your motion, Commissioner Fiala, was to Page 286 July 29, 2003 reject the present proposal, but combine with asking the steering committee to have a member of the county commission comply with the sunshine law and address issues of interest to Mr. Henning. COMMISSIONER FIALA: Right. MR. MANALICH: That's your present motion. He's requesting if you would consider amending that to just simply be a straight up and down vote on the proposal rejection or not, without the other aspects of the motion. COMMISSIONER COLETTA: Excuse me. I'm going to weigh in here. You can't force them to attend the meeting. You can't force Commissioner Henning to do something either. That's going to have to come from him. So I think he's probably going in the right direction with this. COMMISSIONER FIALA: Okay. I'll amend it to what Commissioner Henning said, just to reject the -- CHAIRMAN HENNING: Item 9-D. COMMISSIONER FIALA: -- reject item 9-D. COMMISSIONER COLETTA: And I'll second that. CHAIRMAN HENNING: Okay. Any further discussion on the motion? All in favor of the motion signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries 4-0. Thank you. (A recess was taken.) Item #9A Page 287 July 29, 2003 RESOLUTION 2003-256 APPOINTING MEMBERS TO THE IMMOKALEE AREA MASTER PLAN AD HOC COMMITTEE- ADOPTFD AND SECTION 5D WAIVED COMMISSIONER COLETTA: Yeah. Going down the list, and I tried to come up with a balance, and of course, I would love to have any opinion that you may wish to put in, but I know the people personally, and I've gone through all their resumes, Mrs. Serrata, Mr. Crews, Clarence Tears, of course, Mr. Starling, Holloway, Leo Rodgers, of course Fred Thomas. You can't have a committee without him. Raymond Holland, Mr. Olesky, Ed Olesky, better known as Ski, and Carlos Aviles. That's the ten that I would recommend. Not that there's anything wrong with the other three people that I skipped over. It's just that these people are residents and very involved in the community with exception of Clarence Tears. CHAIRMAN HENNING: Was that Leo Rodgers? COMMISSIONER COLETTA: Leo Rodgers, that's correct. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: So which ones did you skip? I'm sorry. COMMISSIONER COLETTA: I skipped over the names O'Phelia Allen. CHAIRMAN HENNING: O'Phelia Allen and Tuten. COMMISSIONER COLETTA: McDaniel. COMMISSIONER FIALA: Bill McDaniel? COMMISSIONER COLETTA: McDaniels and Sonya Tuten. And the reason being is Allen is a newcomer and he hasn't been involved in much of anything at this point. CHAIRMAN HENNING: Is that a motion? COMMISSIONER COLETTA: That's a motion. Page 288 July 29, 2003 CHAIRMAN HENNING: Is there a second to the motion? MS. FILSON: On this particular committee, Mr. Fred Thomas and Mr. Olesky both serve on more than two boards. COMMISSIONER COLETTA: And I add to the motion the fact that I'd like to see that particular item waived. MS. FILSON: So you need to waive section 5D of 2055. COMMISSIONER COLETTA: Add that to the motion. CHAIRMAN HENNING: Is there a second to the motion? COMMISSIONER FIALA: Second. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion passes unanimously, and it was motion made by Commissioner Coletta and second by Commissioner Fiala. Item #9B RESOLUTION 2003-257 APPOINTING A MEMBER TO THE CONTRACTORS IJICENSING BOARD- ADOPTED MR. MUDD: 9-B, which is appointment of member of the contractor's licensing board. COMMISSIONER FIALA: I -- CHAIRMAN HENNING: I make a motion to appoint Mr. Blum. COMMISSIONER FIALA: I second. CHAIRMAN HENNING: Motion by Commissioner Henning. Page 289 July 29, 2003 Second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #9C RESOLUTION 2003-258 APPOINTING A MEMBER TO THE BOARD OF BUILDING ADJUSTMENTS AND APPEALS- ADOPTED MR. MUDD: Next one is 9-C, which is appointment of member of the board of building adjustments and appeals. COMMISSIONER COLETTA: I nominate Leo Rogers for that position. CHAIRMAN HENNING: I'll second that motion. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #10I Page 290 July 29, 2003 DEVELOPER AGREEMENT WITH COLLIER LAND DEVELOPMENT INC., FOR PROPORTIONATE FAIR SHARE OF COSTS ASSOCIATED WITH THE FUTURE LELY CANAL STORM WATER IMPROVEMENTS PROJECT SUBJECT TO DEVELOPER COMPLYING WITH ALL CONDITIONS OF THE AGREEMENT IMPOSED BY THE COUNTY-CONTINUED TO SF, PTFJMlalF, R 23, 2003-APPROVF, D MR. MUDD: Before we go to the next item, which is 9-E, which is the attorney personnel pay plan, Commissioners, if you would go to 10-I, we're in technical default right now and we would like to defer 10-I until 23 September, and that's approve developer agreement with Collier Land Development Corp. for proportionate fair share of costs associated with future Lely canal storm water improvements project subject to developer complying with all conditions of the agreement imposed by the county. We really -- and I've just talked to both counsels, we would like to get that deferred until the 23rd of September so that we can get -- COMMISSIONER COLETTA: So moved. CHAIRMAN HENNING: Second. MS. ROBINSON: One correction for the record. The county is not -- my name is Jacqueline Hubbard Robinson, assistant county attorney. The county is not in default. Collier Development Corporation is in default. Thank you. CHAIRMAN HENNING: Motion by Commissioner Coletta. Second by Commissioner Henning. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. Page 291 July 29, 2003 CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: Opposed? Motion carries unanimously. Item #9E APPROVAL AND RATIFICATION OF THE 2003 FISCAL YEAR PAY AND CLASSIFICATION PLAN FOR THE OFFICE OF COl JNTY ATTORNEY - APPROVED MR. MUDD: That brings us to 9-E, which is the attorney personnel pay plan approval. CHAIRMAN HENNING: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Henning. Second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item # 1 OB RESOLUTION 2003-259 REGARDING FY 2004 MILLAGE RATE - ADOPTED MR. MUDD: That brings us to item 10-B, which is to adopt the proposed FY 2004 millage rates, and Mike needs to read something Page 292 July 29, 2003 into the record, no doubt. MR. SMYKOWSKI: For the record, Michael Smykowski. I'm the county budget director. The board is being requested to adopt the maximum property tax rates to be levied in 2000 -- fiscal year 2004. These rates have to be provided to the property appraiser then by August 4th for use in preparing a notice of proposed taxes commonly known as the trim notice that each taxpayer or property owner in Collier County will receive. It must be mailed by August 24th. The proposed tax rates for the general fund in unincorporated area general fund are consistent with the adopted board budget policy which was to be millage neutral, which is the same tax rate as that proposed in fiscal/tear 2003. I propose that final budget hearings by September 4th and September 18th, although we will take input on the budget prior to adopting the tax rates as well as the final budget. CHAIRMAN HENNING: Question by the board? Mike, you made a statement, I might have missed the previous thing, that includes the quarter of a mil for the green, the green initiative? MR. SMYKOWSKI: Yes, the conservation Collier program is a quarter of a mil, as adopted by an overwhelming majority of residents in Collier County in referendum that is equivalent to $25 per hundred thousand dollars of taxable value and this will be the first year that program is a ten-year millage levy. MR. MUDD: Some good news, Commissioners, if there is good news in a tax year. The school board, by law, has to decrease their millage rate so there will actually be a reduction in taxes when you take a look at your net tax bill and it's on this chart. MR. SMYKOWSKI: On a county-wise basis, the school millages are dropping .387, which is $38.70 per hundred thousand. The net impact, after you add in the conservation Collier quarter of a Page 293 July 29, 2003 mil, is a decrease of the county-wide taxes per hundred thousand dollars of value equivalent to $13.70, which is that number Mr. Mudd just pointed out. The taxpayers will see that in their notice of proposed taxes that they will receive in August prior to the public hearings on the budget. CHAIRMAN HENNING: Entertain a motion. COMMISSIONER HALAS: I make a motion we accept this millage rate. COMMISSIONER FIALA: Second that motion. CHAIRMAN HENNING: Motion by Commissioner Halas. Second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. COMMISS. IONER HALAS: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item # 1 OD RESOLUTION 2003-260 REGARDING AN APPLICATION FOR AN IMPACT FEE WAIVER, IN THE AMOUNT OF $7,500 FOR COLLIER HEALTH SERVICES, INCORPORATED, THE COl JNTYS PRIMARY CARE CI~INIC- ADOPTED MR. MUDD: Commissioner, that brings us to item 10-D, which is the adoption. 10-C, you did at noon. 10-D is the adoption of a resolution approving the application of an impact fee waiver in the amount of $7,500 for the Collier Health Services, Incorporated, which is the county's primary care clinic, and Mr. Schmitt will -- Page 294 July 29, 2003 Amy will do it. MS. PATTERSON: Good evening, Commissioners. For the record, I'm Amy Patterson, impact fee coordinator from community development. CHAIRMAN HENNING: Any questions for Ms. Patterson? COMMISSIONER FIALA: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Okay. There's a motion by Commissioner Fiala. Second by Commissioner Coletta to approve. I can tell you that being consistent with my policy, I will not vote for this item. I do not believe in waiver of any impact fees. COMMISSIONER COLETTA: I may add something to that. CHAIRMAN HENN1NG: To what I said? COMMISSIONER COLETTA: No, no, in addition, just to be able to clarify, because we have one member on this board who hasn't been here for one of these waivers before. The funds come from a special bank of funds that the interest from -- would you please explain that for Commissioner Halas -- MS. PATTERSON: Sure. We have a hundred thousand dollars set aside per fiscal year and each organization that wants to apply for this, there's specific criteria. They must be a charitable organization, 501 C3, or the like, and they must provide a community service, and that $100,000 each year can carry over. So this year, actually, our total is $177,000, approximately. It can be used towards the charitable organizations. COMMISSIONER COLETTA: The last recipient was Hospice. MS. PATTERSON: Hospice of Naples, their inpatient care facility was the last recipient. Other recipients have been -- Neighborhood Health Clinic was another notable -- COMMISSIONER HALAS: Can you give me some background on Collier Health Services, Incorporated? MS. PATTERSON: Sure. They're a 501C3 non-profit Page 295 July 29, 2003 corporation, and they meet their requirements set forth by our consolidated impact fee ordinance. The clinic is on Golden Gate Parkway and will be the county's primary care facility, and the clinic serves as a direct health care benefit to the needy and also provides services that may reduce cases that would otherwise require emergency room visits. That's a little bit of the background on that. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Any further discussion? All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries 3-0 -- 3-1. MS. PATTERSON: Thank you. Item # 10E APPROVING SUPPLEMENTAL AGREEMENT NO. 3 FOR PROFESSIONAL ENGINEERING SERVICES BY CH2MHILL, INCORPORATED, RFP NO.99-3020- APPROVFD MR. MUDD: The next item is 10-E, which is approve a supplemental agreement number three for professional engineering services for CH2MHILL, Inc. for six-laning design of Immokalee Road, which is project number 618 -- excuse me, 60018. The fiscal impact is $418,979, and this is RFP number 99-3020. MR. STRAKALUSE: Commissioners, Gregg Strakaluse, for the record, transportation division. CHAIRMAN HENNING: Mr. Strakaluse, is there anything you need to get on the record? Page 296 July 29, 2003 MR. STRAKALUSE: No, I do not. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER HALAS: I second it. CHAIRMAN HENNING: Motion by Commissioner Coletta. Second by Commissioner Halas. I'm going to support this. I'd rather put the lanes on Golden Gate Boulevard east of Wilson, but I don't want to impact the users of Immokalee Road twice going from four lane to a six lane. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENN1NG: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #1 OF APPROVING CONTRACT AMENDMENT NO. 1 TO APAC- FLORIDA, INC. FOR THE IMMOKALEE ROAD FOUR LANE- WIDENING PROJECT FROM CR951 TO 43P'a AVENUE NE- APPROVED MR. MUDD: The next item is 10-F, and that's approve a contract amendment number one in the amount of the $1,121,212.33 to APAC-Florida, Inc. for the Immokalee Road four-lane widening project from CR 951 to 43rd Avenue Northeast, project number 60018, and this is going from four lanes -- excuse me, this is the four-laning widening project, correct? MR. STRAKALUSE: These are cost increases associated with the delays in permitting. Since we bid out the project, some material Page 297 July 29, 2003 costs and labor costs increased. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Coletta. Second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item # 10G REJECTING PROPOSED SETTLEMENT AGREEMENT SUBMITTED BY THE SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS AND PARAMEDICS- APPROVED WITH FI INDS TO COME FROM EMS BI JDGF, T MR. MUDD: The next item is 10-G. It's a recommendation that the board reject a proposed settlement agreement submitted by the Southwest Florida Professional Firefighters and Paramedics and authorize the county attorney's office to proceed with arbitration hearings, and Mr. Dunnuck will present. CHAIRMAN HENNING: Mr. Dunnuck. MR. DUNNUCK: Good evening, Commissioners. For the record, John Dunnuck, public services administrator. These are two issues that the proposed settlement we feel, from a standpoint of management, we feel very good and very defensible from our perspective on these two issues, and frankly, on a matter of Page 298 July 29, 2003 principle, I'm recommending that we take these items to arbitration, because I do believe that they don't have any legal standing when all is said and done. And you know, we don't want to get too much into the legal issues specifically, but in each case, it has to do with management rights, and I believe very much so that we were very fair in how we administered both cases and that we've done the right thing. CHAIRMAN HENNING: Okay. And which fund is this going to come out of?. MR. DUNNUCK: This would have to come out of the EMS budget would be my recommendation, but we don't have -- you know, we don't have funds specifically budgeted for this, and I think part of why my recommendation is that we take this forward is because I want to discontinue a trend of putting together items that would, you know, in hopes of being settled before they go to arbitration, because I -- you know, I've seen the trend starting to occur where we've asked -- more grievances have gone, have gone to this level, and I believe that taking them forward, where, frankly, the union is going to have to pay their fair share to defend their side of the case is going to be more to our benefit in the long run. CHAIRMAN HENNING: Motion to approve staffs recommendations along with the funding coming from EMS budget. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Henning. Second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Opposed? (No response.) Page 299 July 29, 2003 CHAIRMAN HENN1NG: Motion carries unanimously. Item #1 OH APPROVING THE AMENDMENT OF THE INTERLOCAL AGREEMENT WITH THE CITY OF NAPIJES - APPROVED MR. MUDD: The next item is 10-H, board approval to amend the interlocal agreement with the City of Naples extending the current distribution of the local option gas tax revenues until December 31st, 2003, and Mike Smykowski will present. MR. SMYKOWSKI: Good evening, Commissioners. For the record, Michael Smykowski, budget director. You have a recommendation to amend your interlocal agreement extending it through December 31 st. It is set to expire on August 31st. We are in the process of recalculating the percentages accruing to Collier County and the various municipalities based on the five years of historical transportation expenditures from fiscal years FY '98 through 2002. Currently, you have different percentages for your five cent and six cent local option gas taxes, and different expiration dates. By amending this, they will both expire at the same time, and then we'd be on a parallel track in terms of the calculations required every five years to redetermine. It would apply to both the five and six cent local option. So staff is recommending that you extend the existing agreement for three months while we go through the process of recalculating those percentages. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Coletta. Second by Commissioner Fiala. Page 300 July 29, 2003 All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MR. DUNNUCK: Thank you. CHAIRMAN HENNING: Next item. Item # 10J APPROVE THE BUDGET AMENDMENT TO FUND THE CREATION OF A NON-PROFIT HOUSING DEVELOPMENT CORPORATION- FAII.F,D MR. MUDD: Commissioner, that's 10-J, which is the former 16A. 1, and that has to do with the Housing Development Corp., HDC, and a hundred thousand dollars out of the general fund, and Mr. Cormac Giblin will present. CHAIRMAN HENNING: Mr. Giblin, I asked to have this item pulled off the consent agenda, so we could just go through the exercise of why I pulled it off the agenda. Commissioners, during our budget deliberation we had a number of unfunded requests. One was the Housing Corporation, and there was only one commissioner that voted to fund that. So keeping with the integrity of the budget process, if we're not going to nix this program, we need-- need to guide our staff of where we're going to find the money for the '04 budget. MR. MUDD: And Commissioner, I'd like to -- I'd like to jump on that particular statement that you made. And at the end of that Page 301 July 29, 2003 vote, I made a statement that said, Commissioners, this is funded, because I had asked Joe Schmitt, and he said it had been funded in the SHIP budget for this year. And after we looked at the SHIP budget, we asked Cormac, and Cormac said the SHIP budget, he said, yeah, it was something that we presented to the board in May, but it was coming out of the general fund reserve, and it was so -- it was so listed. However, the executive summary was not very specific about that $100,000 coming out of general fund reserve, and he kind of, as you read the executive summary, it said we're dealing with SHIP funds, we're not doing general fund reserves for particular items. And so that's why we added it to the agenda, to make sure that we brought it to the front so the commissioners knew that it was on that May agenda, but it wasn't very clear, and I don't think you picked up on that. I know I didn't pick up on that, and I know Mr. Schmitt didn't pick up on that, and I wanted to make sure that the board had, and it seen that, and it wasn't -- and it wasn't murky in any way and it was crystal clear. And that's all I have. MS. FILSON: Mr. Chairman, I have one speaker. I don't believe he's here, but I wanted to see if he's out in the hall, Mario Valle. CHAIRMAN HENNING: Okay. Commissioners? COMMISSIONER COLETTA: A couple of questions, if I may. Would you explain a little bit about what this hundred thousand dollars is going to buy? MR. GIBLIN: It will fund the creation and first year start-up costs of the Housing Development Corporation, a non-profit, 501 C3, that would be a true public, private partnership in assisting the county in meeting our work force housing needs and goals. In addition, the creation of a Housing Development Corporation is objective two of our housing element in our growth management plan. That was to be done by the year 2000. We're already three years behind in meeting Page 302 July 29, 2003 that goal. This would fulfill that objective. It was a clerical mistake that the item was presented to you at your '04 unfunded budget hearings. This is proposed to be paid by FY '03 general fund reserves, and as Mr. Mudd just mentioned, was actually approved with the housing budget on May 27th, about two weeks before your unfunded FY '04 budget hearings. COMMISSIONER COLETTA: This ties in with all the other incentives we have for the housing? MR. GIBLIN: Correct. This was a phase one recommendation of your two-year long work force housing horizon committee that Commissioner Fiala chaired, and it was the only one of the options presented at their work force housing workshop on April 4th that received a consensus of-- a majority of the group, not from all the members of the board of county commissioners. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: There will be addressing linkage fees then, too; is that correct? CHAIRMAN HENNING: Can you, somebody, one of the commissioners who made the motion tell me where we're going to get the money? We got the UFR list, economic development we cut it from, street lighting in East Naples. MR. MUDD: Coming out of the '03 reserves out of the general fund, sir. It's not out of the '04 budget. CHAIRMAN HENNING: Okay. That was less -- less of a carry forward we're going to have then, right? MR. MUDD: Yes, sir. CHAIRMAN HENNING: So you've got a lesser carry forward, then we're not true to the budget process that we just went through. COMMISSIONER COLETTA: I wouldn't say that. It looks like it would be coming from the reserves from -- Page 303 July 29, 2003 CHAIRMAN HENNING: I didn't -- COMMISSIONER COLETTA: Yes, sir, you did. Coming from the reserves from the previous year, I see no problem at all to try to move this forward. It's right in line with what we've been trying to accomplish. MR. GIBLIN: Commissioners, when the budget amendment was prepared in June -- or I'm sorry, in May, the balance in that reserves for contingencies account was $7,251,400. MR. MUDD: Commissioner, if you'd take a look at-- if you'd take a look at the millage rate backup documentation that Mike Smykowski had provided today, you would notice that on the UFR update, it was based on the exact millage rate for one eleven fund. There's another $300,000 in there, and there was another million dollars in the general fund that's sitting there. That total for the general fund will not be one million two thousand and -- excuse me, $1,002,300. It will be nine hundred and -- $902,300. So that's in the carry forward Commissioner, you're absolutely right, there will be $100,000 less there, in that particular item. COMMISSIONER COLETTA: The only thing I might add, I didn't want to speak out of turn, but I guess I'm doing it anyways, was the fact that when something like this comes up, I think it would behoove us to put it right on the regular agenda rather than put it back there in the summary agenda. Thank you for catching it, Commissioner Henning, and raising the question. MR. MUDD: Commissioner, you approved this in May. I just wanted to make sure you knew what you approved, okay, because it was not clear, and I wanted to make sure we brought it back up again. You approved that SHIP budget and everything that was itemized on that process, and I didn't like the way this particular item was laid out, nor the way it was noted on the executive summary, and I wanted to make sure we were straight forward with the commissioners and you actually go to see that, because I had some Page 304 July 29, 2003 problems with the administrator myself, Mr. Ochs, Mr. Smykowski, and I wanted to make sure you got to see it again. COMMISSIONER COLETTA: Thank you. CHAIRMAN HENNING: No further questions. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. Motion fails. CHAIRMAN HENNING: We go to the next item. Item # 1 OK APPROVING THE METROPOLITAN PLANNING ORGANIZATION BUDGET FOR GRANT YEAR 2003-2004 - APPROVED MR. MUDD: The next item is 10-K, which is approval of the MPO budget. Mr. Feder will present. COMMISSIONER FIALA: Does that mean -- let me just ask. That motion failed. Does that mean then that the money that was appropriated doesn't go there after all? MR. MUDD: That's right, ma'am. CHAIRMAN HENNING: Okay. Mr. Feder? MR. FEDER: Mr. Chairman, for the record, Norm Feder, transportation administrator. The fiscal year '03, '04, unified planning work program that was approved for submittal by the Metropolitan Planning Organization, subsequently approved by the state and federal highway provides for a total of $861,820 of which there is a local match required of Page 305 July 29, 2003 $6,528. The state fiscal year starts July 1. That's why we had to bring this to you at this time rather than October 1 as the local and federal budget goes, and every time when we do the MPO process, we have this lag period that we have to address because of the difference between the state's fiscal year and the federal fiscal year. So we're bringing this budget to you. This is for the FTA planning grants. The rest of the local match is done through a soft match with the state's total revenue process. CHAIRMAN HENNING: Question by the board members? Seeing none, entertain a motion.' Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Henning. Second by Commissioner Fiala. Approve the request. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries four-- unanimously. COMMISSIONER FIALA: I have to go back to the last one, one more time. COMMISSIONER COLETTA: I do, too. COMMISSIONER FIALA: So the thing that we approved in May, that Mr. Mudd brought back to us just to make sure we know we approved in May, has now been voted down. Is that what I understand? MR. MUDD: With a 2-2, yes, ma'am. COMMISSIONER COLETTA: And I have a question for legal. That's what I was trying to go through a few minutes ago. Page 306 July 29, 2003 When you vote, if you vote with the majority, you can ask for it to be brought back at some other other time. What happens when you've only got four people and it's a divided vote? MR. MANALICH: The motion fails if you have a tie vote, whatever the motion was. Now, there is provision for reconsideration, reconsideration within the same meeting, within tonight's meeting. I can check that if you're interested. COMMISSIONER COLETTA: Yes, I am. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: But Commissioner Henning brought up the fact that when we sat down and looked at our list of what we wanted to fund, at that time, we had a full board of commissioners, and only one commissioner voted for it that -- COMMISSIONER FIALA: Yeah, but this was a separate process. This was in May where we voted for it. COMMISSIONER COLETTA: We're picking it out of a-- COMMISSIONER FIALA: Right. CHAIRMAN HENNING: And I can tell you that the last item that we took under the budget hearings, we voted no, so that was after the May -- the May one. So, you know, what's the difference? COMMISSIONER COLETTA: Well, it's a big difference. We had to pick and choose from a very limited number of items that we could pick from, and it was accidentally put into that particular item. CHAIRMAN HENNING: It wasn't an accident. It's still coming out of the general fund, right? MR. MUDD: Yes, sir. CHAIRMAN HENNING: And that's what we -- COMMISSIONER FIALA: 2003, not 2004. COMMISSIONER HALAS: The funds carried forward. COMMISSIONER FIALA: Yeah. COMMISSIONER HALAS: And I think it was part of the -- MR. MUDD: Commissioner, let me -- let's go down this thing Page 307 July 29, 2003 just a little bit, okay, to make sure that we're all squared away. We did the workshop and we did it with -- the affordable housing work-- the work group, when it came forward, one of the things they talked about was an HDC, a Housing Development Corporation that would monitor and keep track of and work grants in order to help us with the affordable housing side of the house. It was one of the things the board said go forward, staff, and go work on that. The other thing that was addressed besides linkage fees and you name it, inclusionary zoning, was the topic of a modified linkage fee, and you told staff to go work on the modified linkage fee in that process. Staff is still working on the modified linkage fee. The way the HDC was laid out on that workshop, it was a multi -- it was a three-year program. You pay $100,000 a year every year for three years. That's the way it was laid out to you during that workshop. Okay. Based on that information, I put down $100,000, because it wasn't in the budget for 2004 for the HDC on the UFR list. At that time, I did not know, nor did Mr. Schmitt know, that there was an item that was in front of the board in May that had $100,000 coming out of the general fund reserves. All right? I'm going to tell you, and Mr. Smykowski didn't know. Didn't pick it up because you had to have magnifying glasses on to see that. And when I got my specs on, I even picked up on it on the third page, about two-thirds of the way down on a five-page handout that was an Excel spreadsheet. I don't think it was -- I don't think it was there to be deceiving or anything. I think Cormac and-- and I think it had to do with state budget and some other things that came out, and I think they listed that thing based on the board direction in order to get after HDC from the workshop. When I asked Mr. Schmitt about the hundred thousand dollars on the UFR list for '02, he said, Jim, he says, that's covered and it's Page 308 July 29, 2003 covered within the SHIP budget. That's -- basically, the SHIP budget came forward in May, and it was part of that budget. So what he told me was correct. I just wanted to make sure that it wasn't part of SHIP. It wasn't SHIP dollars, per se, that was coming as far as the grant was concerned in that process. It was coming out of the general fund, and I wanted to make sure that the board knew it was coming out of the general fund, because I said you didn't need it for '04. Commissioner Henning is perfectly right. If you take it out this year out of reserves, you're not carrying those forward -- you're not carrying those funds forward in '04, so you have $100,000 less in a reserve account or whatever on that unfinanced requirement dollar, whatever you have in that reserve account. Now, I will get staff to go out there and work their feet off to find a grant to try to keep this program alive, because it was the board's intent in order to try to do that, that the board -- that these two members of the board are having a hard time with the fact that it should come out of general fund reserves, and I will push Mr. Schmitt and Mr. Cormac Giblin to go try to find grant money in order to fund this particular entity. CHAIRMAN HENNING: Judge, do you have an answer for us? MR. MANALICH: I'm glad you asked that. I happen not to have an answer, through consulting with Ms. Filson -- COMMISSIONER COLETTA: We're in trouble. MR. MANALICH: -- and her long-term experience. COMMISSIONER FIALA: In her legal opinion. MR. MANALICH: Actually, this is an interesting one, because all of the reconsideration talks about when there is a motion made by someone that voted in the majority, but here we have no majority, because there was a 2-2 tie. So my view would be that this doesn't apply at all. You can simply bring the item up anew right now if you Page 309 July 29, 2003 wish, and have -- COMMISSIONER COLETTA: At a future meeting when we have -- MR. MANALICH: Or you can bring it up at a future meeting. I just don't think this applies because you don't have a majority vote on this. It dies. It's not like you -- so I don't think you're bound. It can either be discussed tonight or at another meeting. I don't know if Mr. Mudd, do you have any quarrel with that view? MR. MUDD: Well, it says in the majority. MR. MANALICH: I just don't think this applies in this context. So you're not restricted is what I'm saying. It can come up either again tonight or at a future meeting. COMMISSIONER HALAS: Well, if it comes up tonight, we better start thinking about bringing out the sleeping bags. CHAIRMAN HENNING: Next item. COMMISSIONER FIALA: You asked to bring it back? COMMISSIONER COLETTA: I ask to bring it back. COMMISSIONER FIALA: And I'll second that, yes. CHAIRMAN HENNING: Well, if we have to do that-- MR. MUDD: In the interim, over this next month, I'm going to have Mr. Schmitt and Mr. Cormac Giblin see if they can't shake the trees as far as grant funds are concerned or programs that look -- that could be used in order to fund this program and make sure that we haven't left any stone unturned to try to find that, with the board's approval. I think the board still thinks it's a good program. It's just the funding. COMMISSIONER HALAS: The funding, exactly. Item # 10L APPROVING ENDING NEGOTIATIONS WITH INTERSTATE Page 310 July 29, 2003 WASTE TECHNOLOGIES AND START NEGOTIATIONS WITH FIRIGHTSTAR- APPROVED MR. MUDD: The next item is 10-L, which is 16C-1, which basically is the staff from solid waste asking that the IWC negotiations be stopped because the price that they want per ton is rather high, higher than what we thought was a feasible range, and based on submittals and prior approval of the board, the course of action, we now go to number two on the list, which is Brightstar, to begin negotiations with them. CHAIRMAN HENNING: Mr. Widdis, don't say a word. I'm going to ask for the public speaker to come up here and ask his question. MS. FILSON: Actually, I have two public speakers. The first one is Bob Krasowski, and he will be followed by Jan Krasowski. MR. KRASOWSKI: I don't have a question. I have a comment, and I would like to keep the normal procedure, and will hear from the county and their presentation first. Thank you. CHAIRMAN HENNING: Next speaker. MS. FILSON: The next speaker is Jan Krasowski. MS. KRASOWSKI: Good evening. It is really hard to make a comment when we don't know exactly what Mr. Widdis is going to say. I really don't think that you calling the speakers before we hear the report is correct, nor do I think it's fair. I thought that we were supposed to be a county -- a character here, and then you expect people to be able to speak on things when they haven't even heard what our government officials are saying? CHAIRMAN HENNING: Okay. Mr. Widdis -- and the reason I asked the public speakers to come up is because the public wanted- - had some concerns about this, so I wanted to hear the public's concerns, but Mr. Widdis, go ahead. MR. WIDDIS: Commissioners, good evening. For the record, Page 311 July 29, 2003 Tom Widdis, public utilities operation director and a member of the gasification negotiation committee. What I'm going to share with you tonight is paraphrased from the charts that have been inserted into the executive summary that are part of that package, and I will basically walk through a couple of those charts that are in there. So that will be the scope of my presentation. First off, the first chart that you can see, hopefully you can see this, the county public utilities division is involved in an integrated, multi-faceted program to provide environmentally sound, cost effective, solid waste management services to the citizens of Collier County for the next 30 years or more in compliance and in direction of the board of county commissioners. Looking at this first slide on the charts, you'll note that in June of 2001, the board directed staff to issue an RFP for processing and gasificiation of a portion of the county's municipal solid waste. In November of 2001, in compliance with the board's request, the county issued a request for proposal for municipal solid waste processing and gasification. The county recognized that gasification is an innovative technology due -- to process municipal solid waste. To minimize the risk to the county, the following provisions were inserted into the RFP. Bottom line, what we're negotiating on is the vendor shall design, they'll build, they'll own, they'll operate and will finance the project. The county shall provide 150,000 tons per year of municipal solid waste. And there is a put or pay guarantee in that negotiation, that we will come up with 150,000 as they show capability to process. Successful commercial operation of a reference facility is a condition precedent to executing a contract. Bottom line, they have to demonstrate, the potential bidders have to demonstrate or potential Page 312 July 29, 2003 contractors have to demonstrate a commercially viable facility. The county's put or pay obligation will begin only after passing the acceptance testing. Finally, the vendor must post a bond payable to the county to allow the county to recover its costs should the project fail to pass the acceptance test. Again, thinking in terms of the time line from the previous chart, in April of 2002, the proposals were submitted to the county by Interstate Waste Technologies and Brightstar, and they were deemed responsive. As a result, after evaluating the two proposals, the county selection committee ranked IWT ahead of Brightstar and proceeded into the findings and bringing them to the board in March of 2003. At that time, the board instructed staff, best and final price negotiations with IWT, and then report back to. the board before proceeding any further. In July, on July 2nd of 2003, IWT, in fact, submitted their final price proposal and met with the project delivery team on July 8. Bottom line, the project delivery team assessed, in fact, what IWT has proposed to us. We found the cost to be much, much higher than we could recommend to the board. Just a couple of brief items here. If you look at the middle of this chart marked consideration, you'll note that our current landfill cost is about $33, $33.28. Our current contingency disposal cost is approximately $54, which would basically be finding some other source other than the county landfill. And the last slide I'll show you shows the best and final price proposal from IWT. Solid waste provides 150,000 tons a year. The county provides a site. The county provides utilities to the county boundary. However, we found the price from IWT in excess of $100 per ton as being excessive, and as a result, our recommendation to the board is that we notify IWT that the county does not wish to Page 313 July 29, 2003 proceed further with negotiations at this time, and number two, we request that you authorize staff to commence negotiations with Brightstar, based on the county guarantee of 150,000 tons. That's the extent of my presentation tonight. Are there any questions? CHAIRMAN HENNING: Any questions of the board? Entertain a motion. ! make a motion that we approve staffs recommendation. MR. KRASOWSKI: Can I please make a comment, sir? I can't know what's going on with the issue unless I hear the presentation. That was the whole point of my requesting earlier that it be taken off the consent agenda and put on the regular agenda, which Commissioner Coletta did accommodate. CHAIRMAN HENNING: And sir, I told you what it was all about, is the price per ton from the first contractor was too much, so like I said, we're going to the second contractor. MR. KRASOWSKI: But that's not my -- that's the point I want to make and I'd like to hand out this documentation. CHAIRMAN HENNING: I knew that you had something, so -- MR. KRASOWSKI: It's a one page. I'm not going to lay stuff on you-- CHAIRMAN HENN1NG: But you had your time. MR. KRASOWSKI: I didn't have any time. CHAIRMAN HENNING: You came up and spoke. MR. KRASOWSKI: I don't think this is appropriate. Before the presentation-- CHAIRMAN HENNING: You had something written that you could have gave to the commissioners. MR. KRASOWSKI: Well, I just wanted to share this. Brightstar Environmental, Commissioner, of which you're suggesting we move on to, has -- their parent company has released a press release as required by the stock exchange that they have to provide Page 314 July 29, 2003 information and I don't know if you have heard about this yet. I'm a bit disturbed that this information wasn't involved in this presentation today. Not saying anybody intentionally left it out, but I think our consultant should have been here to provide this to you, but the parent company of Brightstar that owns -- that -- or this paralysis operation environment EDL, the NE it goes by -- CHAIRMAN HENNING: Bob. I'm going to make a motion to approve. We gave public speakers the -- MR. KRASOWSKI: Excuse me. CHAIRMAN HENNING: Is there a second to the motion? MR. KRASOWSKI: These people have bailed out of Brightstar. It's no longer a viable entity, and you're going to tell these people to spend $76,000 on a chance to negotiate with a company that has just loss 88 percent. This doesn't make sense at all. How can this be this way, my commissioners? MR. MUDD: Because they submitted a proposal, Bob. The selection committee said that it was viable and went through it. And oh, by the way, Bob, we asked you to be a member of that selection committee, if I remember correctly. You-- MR. KRASOWSKI: A non-voting member. MR. MUDD: The next thing I'll tell you is those slides that Mr. Wides presented today were on the agenda, okay, all the agendas were submitted, they're out in every library in Collier County in full view. There's no slide that was presented tonight that wasn't part of the commissioner's packet in the process, and all we're basic -- and all we are basically doing was notifying the commissioner that IWT was too high, and that we needed to go to the second on the list in order to do that process. MR. KRASOWSKI: Now, are you sure you want to do that now that -- CHAIRMAN HENNING: We need to do that. Legally, we Page 315 July 29, 2003 need have to do that. MR. KRASOWSKI: No. to do that. CHAIRMAN HENNING: You have the option. You do not You have to sit down. I made the motion to approve. Is there a second to the motion? COMMISSIONER FIALA: Second. CHAIRMAN HENNING: There's a second to the motion. Any discussion on the motion? All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Next item. MS. FILSON: Mr. Chairman, I have one speaker under public comment, and I'm sure he's gone, but I wanted just to call his name to be sure. A1 Perkins. Item #12 COl JNTY ATTORNEY'S REPORT CHAIRMAN HENNING: Okay. Comments from the county attorney. MR. MANALICH: Yes, real briefly. I did speak to Mr. Schmitt about this yesterday, and I just wanted to give you, in conjunction with Mr. Schmitt, a very quick update on the Naples Park survey matter, and basically, and Joe, correct me if I misstate this, but when you look at the discussion in the minutes of the board Page 316 July 29, 2003 on this topic previously, I think the clear intent that we've determined is the board wanted a survey by an independent firm that would be sought through an RFP to do the Naples Park survey. I don't think the board intended to have a full election through the elections office. At this point, that's the direction which we're proceeding. This matter will come back to you in September with the RFP process well underway, and I believe more information. Joe, if you want to add anything. MR. SCHMITT: Again, for the record, Joe Schmitt, administrator, community development and environmental services. When the -- when we came before you in the spring, we used the term, ballot. Ballot triggers events in Florida statutes that require a full-blown election type of process, and that was not the intent. The intent is an official survey. I just wanted to make sure we clear the record that it's termed an official survey and not a ballot, because a ballot triggers subsequent events which we had no intention of doing so, and so the public record, it will be an official survey. We'll be coming back to you in September with your -- at your direction to bring that survey before you so you can review that before it goes out to the public in Naples Park, and that was the onlY purpose of this brief conversation, was to correct the record and be sure that's called a survey and not a ballot, even though it will be referred to as a ballot, it fundamentally is a ballot, but if it's official ballot, it triggers events through the supervisor of elections, and we don't -- we didn't want to do that. CHAIRMAN HENNING: Is this an official, binding question then? MR. SCHMITT: That in itself-- you can initiate an MSTU without any input from the public, but this input will provide you the necessary, in fact, legal backup to support or defend whether you do or do not want to form an MSTU if there's any interest in implementing any portion of the community character plan in Naples Page 317 July 29, 2003 Park. CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER HALAS: I also think that this is probably the better way of doing -- of addressing this, because of the fact that not every homeowner would be a registered voter. MR. SCHMITT: That's correct. COMMISSIONER HALAS: And this way, we know that we'll get to every property owner, whether they're a registered voter or not, and that way we have hopefully a better sampling of the overall community there. MR. SCHMITT: It was not -- it's not our intent to change what we presented. It was our intent all along, exactly what we presented. Just for the record, we had to make sure that you concur that it wasn't a ballot, because a ballot, again, triggers very specific legal events, whereas, official ballots -- official surveys. COMMISSIONER FIALA: It's late. MR. SCHMITT: You got me saying it. COMMISSIONER HALAS: And I also think that's what the property owners -- that's what they demanded, that they would like to make sure that every property owner who has two properties or three properties, that each of those properties is included in the vote, one each for each of those properties. MR. SCHMITT: Correct. CHAIRMAN HENNING: Do you need to vote on this or is -- MR. SCHMITT: No. I just wanted to make it a matter of record. CHAIRMAN HENNING: Okay. Anything else? MR. SCHMITT: Nothing further. CHAIRMAN HENNING: County Manager, Jim Mudd. MR. MUDD: Sir, I wouldn't dare. I hope you have a nice next month. Spend some time with your family. You deserve it, and the staff is here. We're taking notes, and I will tell you your executive Page 318 July 29, 2003 assistants are doing a great time -- a great job sending those e-mails from constituents out to us that need information and we're trying to respond in keeping you copied on them, and so -- CHAIRMAN HENNING: Sir, we haven't been here for a month, and I'm sure a lot of things happen in a month. Would you like to update us? COMMISSIONER COLETTA: A very detailed update and talk slow. MR. MUDD: Sir, can I send you an e-mail? CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER HALAS: I want to say that I think today it's probably going to go down as a mark in the history of Collier County on what the commissioners today voted on, and that was the south estates property, and I think that we got something to be proud of, and it's going to be interesting to see how this all tums out in the next ten years, and I think we're going to be amazed at what we have accomplished today as commissioners, and I'm proud to be part of this team. CHAIRMAN HENNING: Commissioner Fiala. COMMISSIONER FIALA: Yes. Ramiro, I just want to say congratulations. We're so proud of you, and we hate losing you. We just hate losing you. And tell us, I know you're going to miss me while I'm gone, but see ya. CHAIRMAN HENNING: Commissioner Coletta. COMMISSIONER COLETTA: Yes. Thank you. For you out in the listening audience that are still up and can't find something decent to watch on television, the original intent was to go two days with this meeting. However, due to the fact that we had a number of people waiting to be heard, we tried to do this marathon meeting and get everything done at one time. And with that, I'd like to conclude by saying I didn't get everything I wanted today, but you all behaved admirably. Page 319 July 29, 2003 MR. MUDD: Commissioner, I do have a file about this big about all the things that the staff has accomplished over this two- month period of time, and I'll get you a copy. CHAIRMAN HENNING: Okay. Today is seven month my son was born, so happy birthday, Austin, and we are adjourned. ***** Commissioner Coletta moved, seconded by Commissioner Halas and carried 4/0 (Commissioner Coyle out), that the following items under the Consent and-Summary Agendas be approved and/or adopted: ***** Item #16Al RESOLUTION 2003-232 SUPPORTING MARCH PERFORMANCE, INC., AS A QUALIFIED APPLICANT AND ASSIGNING ROADWAY MAINTENANCE RESPONSIBILITIES FOR A ROAD TO BE CONSTRUCTED IN THE NORTH NAPLES RESEARCH AND TECHNOLOGY PARK PURSUANT TO A ROADWAY MAINTENANCE AGREEMENT BETWEEN COLLIER COUNTY AND NORTH NAPLES GOLF RANGE, INC., AND AN AGREEMENT BETWEEN THE STATE OF FLORIDA OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT AND COLLIER COUNTY ACCEPTING A $2007000 GRANT Item #16A2 A $50,000 REIMBURSABLE GRANT AGREEMENT WITH THE U.S. FISH AND WILDLIFE SERVICE FOR FUNDING EXOTIC VEGETATION RFJMOVAIJ ON COl JNTY ROAD 92 AND IJ.S. 41 Item # 16A3 Page 320 July 29, 2003 RELEASE OF LIEN FOR CASE NO. 2001-024 STYLED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA VS. CHARLES AND CHRISTINE MORRISON FOR VIOLATION OF ORDINANCES NO. 99-51, AS SUCCESSOR TO ORDINANCE NO. 91-47, AS AMENDED OF THE COLLIER COUNTY LAND DEVEI,OPMENT CODE Item # 16A4 A CONTRACT WITH AWARD VACATIONS CORPORATION FOR WEB ENABLED VACATION PACKAGES FOR COLLIER COUNTY VISITORS AND PAYMENT OF RELATED FEES IN THE AMOIJNT OF $5,000 Item # 16A5 A TDC CATEGORY "A" GRANT APPLICATION FOR THE LOWDERMILK PARK PARKING LOT RECONSTRUCTION/RESTORATION IN THE AMOUNT OF $375,000 Item # 16A6 REQUEST BY BRADLEY N. CANCE, GENERAL MANAGER OF THE RITZ-CARLTON GOLF RESORT, FOR AN EXTENSION OF THE NUMBER OF DAYS PERMITTED FOR HOSTING SPECIAL EVENTS - TEMPORARY-USE EXTENSION FOR UP TO FOUR WEEKS Item # 16A7 A TOURISM AGREEMENT WITH THE CITY OF NAPLES FOR SEMI-ANNUAL MONITORING OF DOCTORS PASS, PROJECT 90003, IN THE AMOIINT OF $10,000 Item # 16A8 Page 321 July 29, 2003 RECORD THE FINAL PLAT OF "DELASOL PHASE ONE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY- WITH STIPI HJATIONS Item # 16A9 RECORD THE FINAL PLAT OF "DELASOL PHASE TWO", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY, AND ACCEPT THE COUNTY PARK DEDICATION A GRF. F. MF. NT - WITH STIPI IIJATIONS Item #16Al0 RECORD THE FINAL PLAT OF "VALENCIA LAKES-PHASE 4- A", 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 F. ASEMF. NTS - WITH STIPI IIJATIONS Item # 16Al 1 RECORD THE FINAL PLAT OF "CAYO COSTA", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY- WITH STIPI H~ATIONS Item #16A12 Page 322 July 29, 2003 RECORD THE FINAL PLAT OF "CASA DEL LAGO", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY- WITH STIPI H~ATIONS Item #16A13 RESOLUTION 2003-233 TERMINATING THE TEMPORARY OPTIONAL FUEL COST SURCHARGE THAT AUTHORIZED TAXI DRIVERS TO RECOVER SOME OF THE COST OF MOTOR VEHICIJF. FI IF.I~ Item #16A14 RECORD THE FINAL PLAT OF "STRATFORD PLACE" AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY- WITH STIPI JI~ATIONS Item #16A15 CONTRACT #03-3504, IN THE AMOUNT OF $39,945, WITH HENDERSON, YOUNG AND COMPANY FOR CONSULTANT SERVICES FOR AN EMERGENCY MEDICAL SERVICES IMPACT FEE 1JPDATF. STI IDY Item # 16A 16 CONTRACT #03-3504 IN THE AMOUNT OF $40,632.50 WITH TINDALE-OLIVER AND ASSOCIATES, INC., FOR CONSULTANT SERVICES FOR A LIBRARY SYSTEM IMPACT FEE l JPDATF. STI IDY Item # 16A 17 Page 323 July 29, 2003 A $4,500 REIMBURSABLE GRANT AGREEMENT WITH THE U.S. FISH AND WILDLIFE SERVICE FOR FUNDING EXOTIC VEGETATION REMOVAL IN BAREFOOT BEACH PRESERVE - FOR FY02/03-FY04/05 Item #16A18 DETERMINATION THAT THE ADVERTISING AND PROMOTION EXPENSES LISTED IN THE ATTACHED INVOICE SERVES THE PUBLIC INTEREST AND PROMOTES TOURISM IN COLLIER COUNTY, AND AUTHORIZE PAYMENT OF PRIOR PERIOD EXPENSES - IN THE AMOUNT OF $1,552.16 TO KELLEY SWAFFORD & ROY FOR KSR INVOICE #1 7633 Item #16A19 ONE (1) IMPACT FEE REIMBURSEMENT OF $26,768.41 DUE TO OVERPAYMENT- TO PHOENIX ASSOCIATES FOR PERMIT NI JMBF. R 2001051831 Item # 16A20 THE TOURISM DEPARTMENT MARKETING PLAN BUDGET AND ITS RELATED EXPENDITURES FOR FY02-03 AND A FINDING THAT THE PLAN IS IN THE PUBLIC INTEREST AND PROMOTES TOIIRISM IN COIJ,IFR COIJNTY Item # 16A21 - Moved to Item # 10J Item # 16A22 RECORD THE FINAL PLAT OF "MARKET CENTER", AR-3336, AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND Page 324 July 29, 2003 APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECI JRITY - WITH STIPI JIJATIONS Item # 16A23 A F1ND1NG THAT THE TOURISM DEPARTMENT INITIATIVES ARE IN THE PUBLIC INTEREST BY PROMOTING TOURISM IN COLLIER COUNTY, AND TO AUTHORIZE PAYMENT FOR EXPENSES INCURRED FOR THOSE INITIATIVES - AS OUTLINED IN THE EXECUTIVE SIIMMARY Item # 16B 1 RESOLUTION 2003-234 ADOPTING CHANGES TO ORDINANCE NO. 2003-37 REGARDING THE "CONSTRUCTION STANDARDS HANDBOOK FOR WORK WITHIN THE RIGHT-OF-WAY, COLLIER COUNTY, FLORIDA" - PROVIDING FOR REFERENCE AND GUIDANCE FOR IJANDSCAPF. WORK Item # 16B2 CONVEYANCE OF A UTILITY EASEMENT TO FLORIDA POWER AND LIGHT COMPANY FOR THE RELOCATION OF A UTILITY POLE AND GUY-WIRE ONTO COUNTY-OWNED PROPERTY (FISCAL IMPACT $15.00) GOLDEN GATE AND CORONADO PARKWAYS Item # 16B3 THE UTILITY LOCATION AGREEMENT WITH TAMPA ELECTRIC COMPANY DBA/PEOPLES GAS SYSTEM ASSOCIATED WITH THE GOLDEN GATE PARKWAY IMPROVEMENTS PROJECT, COLLIER COUNTY PROJECT NO. Page 325 July 29, 2003 60027 (SIX-LANING FROM LIVINGSTON ROAD TO EAST OF SANTA FIARI:IARA lqOIH.EVARD) Item # 16B4 RESOLUTION 2003-235 AUTHORIZING THE EXECUTION OF A STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COIJIJIF. R COl INTY Item #16B5 CONCEPTUAL MEDIAN MODIFICATIONS AND REVISED LANE CALLS ALONG GOLDEN GATE PARKWAY EAST OF THE INTERSECTION OF GOLDEN GATE PARKWAY AND GOODLETTE-FRANK ROAD- STAFF TO FINALIZE PROJECT DESIGN, PROCURE BIDS AND RETURN TO THE BOARD FOR AIITHORIZATION TO AWARD WORK ORDER Item # 16B6 RESOLUTION 2003-236 AUTHORIZING AN INTERLOCAL AGREEMENT WITH LEE COUNTY REGARDING COUNTY ROAD 951 PROJECT DEVELOPMENT AND ENVIRONMENTAL (PD & E) STUDY 60171 IN THE AMOUNT OF $250,000 Item #16B7 RESOLUTION 2003-237 AUTHORIZING THE EXECUTION OF A TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COl INTY Page 326 July 29, 2003 Item #16B8 WAIVE THE FORMAL BID PROCESS AND APPROVE A CONTRACT BETWEEN TEMPLE, INCORPORATED AND COLLIER COUNTY FOR SERVICES RELATED TO THE COMPLETION OF THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) ADVANCED TRAFFIC MANAGEMENT SYSTEM (ATMS) PROJECT, PHASE I, COSTS REIMBURSED BY FLORIDA DEPARTMENT OF TRANSPORTATION Item # 16B9 SUPPLEMENTAL AGREEMENT NO. 8 FOR PROFESSIONAL ENGINEERING POST DESIGN SERVICES BY HOLE MONTES, INC., FOR THE LAKELAND AVENUE BRIDGE, (PROJECT NO. 660427 FISCAI~ IMPACT $15,000) RFP #00-3057 Item # 16B 10 CONTRACT AMENDMENT FOR WORK ORDER #AEC-FT-01- 04-A02 (PSA CONTRACT #98-2835) IN THE AMOUNT OF $28,832, TO COMPLETE STORMWATER CAPITAL IMPROVEMENT PROJECT NO. 51704, LAKE MOCKINGBIRD Ol ~TFAI.I, 1N IMMOKAIJF, F. Item # 16B 11 AWARD OF A CONSTRUCTION CONTRACT TO BETTER ROADS INC., FOR THE COUNTYWIDE PAVED SHOULDERS AND SIDEWALK IMPROVEMENTS PROJECT, BID NO. 03-3528 IN THFJ AMOI INIT OF $549,370.25 Item # 16B 12 Page 327 July 29, 2003 RESOLUTION 2003-238 AUTHORIZING THE ACQUISITION BY DONATION OF EASEMENT AND FEE SIMPLE INTERESTS REQUIRED FOR PURPOSES OF CONSTRUCTING AND MAINTAINING DRAINAGE FACILITIES WITHIN THE LELY AREA STORMWATER IMPROVEMENT AREA, (PROJECT 51101). FISCAL IMPACT: LIMITED TO RECORDING FEES, NOT TO FJXCF, F,D $6000 Item # 16B 13 SUPPLEMENTAL WORK ORDER # WMI-FT-0305 FOR THE FOREST LAKES MSTU TO WILSON MILLER IN THE AMOIINT OF $56,000 - CONTRACT # 01-3290/PHASFJ 4 Item # 16B 14 CONTRACT 03-3465 "ANNUAL CONTRACT FOR TRAFFIC ENGINEERING CONSULTING SERVICES" (ESTIMATED ANNUAL AMOUNT $300,000) - AWARDED TO CARTER & BURGESS, INC., TBE GROUP, INC., TEl ENGINEERS & PLANNERS, T.Y. LIN INTERNATIONAL AND WII,SONMII JI,F,R~ 1NC. Item #16B 15 PROFESSIONAL SERVICES AGREEMENT NO. 03-3509 IN THE AMOUNT OF $1,063,253 FOR CONSULTING AND DESIGN SERVICES TO BE PROVIDED BY AMERICAN CONSULTING ENGINEERS OF FLORIDA, LLC, FOR PROPOSED CAPACITY IMPROVEMENTS TO GOODLETTE-FRANK ROAD FROM GOLDEN GATE PARKWAY TO PINE RIDGE ROAD, PROJECT NO. 60005 Item # 16B 16 Page 328 July 29, 2003 DONATION AGREEMENT AND WARRANTY DEED FROM OLDE CYPRESS DEVELOPMENT, LTD., FOR OLDE CYPRESS UNIT ONE, TRACT R-3, TRACT O AND A PORTION OF TRACT R-1 SUBJECT TO THE MODIFICATION OF THE REVERTER LANGUAGE CONTAINED IN THE WARRANTY DEED AND THE COUNTY ATTORNEY'S OFFICE REVIEW AND RF, COMMENDATION OF THE REVISED I~ANGI IAGE Item # 16B 17 RESOLUTION 2003-239 PROHIBITING TRUCKS AND OTHER COMMERCIAL VEHICLES HAVING A RATED LOAD- CARRYING CAPACITY IN EXCESS OF FIVE (5) TONS FROM OPERATING IN THE LEFT LANE, EXCEPT WHEN PASSING OR PREPARING TO MAKE A LEFT TURN, ON IMMOKALEE ROAD FROM AIRPORT-PULLING ROAD TO COLLIER BOULEVARD, GOLDEN GATE BOULEVARD FROM COLLIER BOULEVARD TO WILSON BOULEVARD, AND COLLIER BOULEVARD FROM GOLDEN GATE BOULEVARD TO US 41. INSTALLATION OF LEGALLY REQUIRED SIGNAGE FOR NOTICE TO MOTORISTS; COST APPROVAL OF $3200. (FJFFF, CTIVF, DATE SF, PTEMBF, R 17 2003) Item # 16C 1 - Moved to Item # 10L Item # 16C2 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 $106.50 TO RECORD THE LIENS - AS CONTAINED IN THF, F, XECI JTIVF, SI JMMARY Page 329 July 29, 2003 Item # 16C3 BID #03-3523 FOR "FURNISHING AND DELIVERY OF HOUSEHOLD RECYCLING CONTAINERS"- ESTIMATED COST PER FISCAL YEAR IS $20,000 - AWARDED TO REHRIG PACIFIC COMPANY Item #16C4 RESOLUTION 2003-240 AMENDING RESOLUTION NO. 2002- 141 PERTAINING TO THE PRICE STREET-BAREFOOT WILLIAMS ROAD MUNICIPAL SERVICE BENEFIT UNIT, PROJF, CT NI ~MBFR 70077 Item #16C5 AWARD CONTRACT 03-3484 "FIXED TERM INSTRUMENTATION AND CONTROLS ENGINEERING SERVICES (ESTIMATED ANNUAL AMOUNT $1,000,000) TO THE FOLLOWING FIRMS: RKS ENGINEERING, INC.; CAROl J JO FJNG1NF, F,RS; WF, STIN FJNGINF, ERING~ INC. Item # 16C6 AUTHORIZATION TO EXECUTE AND RECORD SATISFACTIONS FOR CERTAIN WATER AND/OR SEWER IMPACT FEE PAYMENT AGREEMENTS. FISCAL IMPACT IS $28.50 TO RECORD THE SATISFACTIONS - AS CONTAINED IN THFJ F, XF~CI JTIVF, SI IMMARY Item # 16C7 PAYMENT OF CONSENT ORDER NUMBER 03-0866-11-IW ISSUED TO THE NORTH COUNTY REGIONAL WATER TRF~ATMF, NT PliANT IN THF, AMOI JNT OF $750.00 Page 330 July 29, 2003 Item # 16C8 ELECTRICAL UTILITY RATE AGREEMENTS FOR THE NORTH COUNTY WATER RECLAMATION FACILITY AS NEGOTIATED WITH FLORIDA POWER AND LIGHT COMPANY Item #16C9 A BUDGET AMENDMENT IN THE AMOUNT OF $55,760 TO REALLOCATE FUNDS FOR THE TRANSFER OF SAFETY COORDINATOR POSITION FROM WASTEWATER ADMINISTRATION COST CENTER TO THE WATER ADMINISTRATION COST CENTER Item # 16C 10 RESOLUTION 2003-241 APPROVING THE SATISFACTION OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAl, ASSESSMENT Item #16C 11 RESOLUTION 2003-242 APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SFJRVICFS SPF, CIAIJ ASSESSMENTS Item #16C12 RESOLUTION 2003-243 APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT IN FULL Page 331 July 29, 2003 FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAI~ ASSESSMFiNTS Item #16C 13 - Withdrawn TRANSFER OF FUNDING SOURCE OF WORK ORDER NO. UC- 023 IN THE AMOUNT OF $535,600 FROM FUND 414 (USER FEES) PROJECT 73051 TO FUND 413 (IMPACT FEES) FOR PUMP STATION IMPROVEMENTS TO KYLE CONSTRUCTION INC., PROJECT 73495 Item # 16C 14 SELECTION COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 03-3517, "PROFESSIONAL ENGINEERING SERVICES FOR WATER MAIN PROJECTS" (ESTIMATED DOLLAR AMOUNT OF CONTRACT IS $1,000,000)- STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH GRFiEI~FiY AND HANSEN I,I~C Item #16C 15 - Withdrawn CHANGE ORDER NO. 2 WITH UNITED ENGINEERING CORPORATION FOR THE SOUTH COUNTY WATER TREATMENT PLANT EXPANSION (BID NO. 01-3194) IN THE AMOIINT OF $4597881.57 Item # 16C 16 WORK ORDER GH-FT-03-8 IN THE AMOUNT OF $149,812 WITH GREELEY AND HANSEN LLC FOR THE DESIGN AND CONSTRUCTION OF PIGGING STATIONS FOR THE EXISTING 30-INCH PARALLEL SEWER FORCE MAIN ON IMMOKALEE ROAD, PROJECT 73943 - CONTRACT # 00-311 9 Item # 16C 17 Page 332 July 29, 2003 AFFIRM THAT THE MANATEE ROAD 6 MILLION-GALLON GROUND STORAGE TANK IS AN ELEMENT OF A PROJECT PLANNED FOR IN THE 2002 WATER MASTER PLAN ENTITLED MANATEE ROAD FOUR POTABLE WATER ASR WELLS, PROJECT 70157, IN THE APPROXIMATE AMOUNT OF $2 MIIJ,ION Item # 16C 18 THE SELECTION COMMITTEE SHORT LIST RANKING FOR RFQ #03-3522, REGARDING TESTING SERVICES FOR THE INFLOW AND INFILTRATION STUDY FOR THE SOUTH COUNTY WASTEWATER SERVICE AREA, PROJECT 73164- SEVERN TRENT SERVICES, RJN GROUP, INC., ADVANCED IJNDFRGROIJND IMAGING AND F, QIJITAS SEWER SFRVICES Item #16C 19 - Deleted Item #16C20 CONTRIBUTION OF $20,000 TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR A FURTHER FEASIBILITY STUDY OF A REGIONAL IRRIGATION DISTRIBIITION SYSTEM AT A SIJB-REGIONAI~ I~F, VEI~ Item # 16C21 ASSIGNMENT OF A CONTRACT THAT HAS BEEN ASSIGNED BY RICHARD K. BENNETT, TRUSTEE, (ASSIGNOR) TO CITYGATE DEVELOPMENT, LLC, (ASSIGNEE), PROJECT 7OO54 Item # 16C22 AMENDMENTS TO CLOSE OUT WORK ORDERS GH-FT-02-05 AND GH-FT-02-06 WITH GREELEY AND HANSEN, LLC, TO Page 333 July 29, 2003 UPDATE THE 2002 WATER AND WASTEWATER MASTER PLANS, PROJECTS 70070 AND 73066. (IN THE AMOUNT OF $74~600) - CONTRACT #00-3119 Item # 16D 1 THE HOME CARE FOR THE ELDERLY GRANT CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGiNG FOR SOUTHWEST FLORIDA, iNC., D/B/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA AND APPROVE THE BUDGET AMENDMENT- CONTRACT # HCFi 311.203.04 Item #16D2 THE ALZHEIMER'S DISEASE iNITIATIVE GRANT CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGiNG FOR SOUTHWEST FLORIDA, iNC., D/B/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA AND APPROVE THE BI JDGF, T AMFNDMF, NT- CONTRACT # ADI 305_203.04 Item #16D3 THE COMMUNITY CARE FOR THE ELDERLY CONTiNUATION GRANT CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, iNC., D/B/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA- CONTRACT # CCF, 302.203.04 Item #16D4 A BUDGET AMENDMENT RECOGNIZING COMMUNITY DEVELOPMENT BLOCK GRANT REVENUE iN THE AMOUNT Page 334 July 29, 2003 OF $46,500 FOR THE HUMAN SERVICES DEPARTMENT TO PROVIDE PRESCRIPTION MEDICATIONS TO LOW 1NCOME RESIDENTS IN IMMOKAI.F.F. Item #16D5 RESOLUTION 2003-244 AMENDING AMBULANCE SERVICE 1JSER FEES Item # 16D6 AN INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES FOR THE RECIPROCAL BEACH-PARKING PROGRAM AT A COST OF ~390:000 FOR FISCAIJ YEAR 2003 Item #16D7 AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO APPROVE FUNDS NOT TO EXCEED $20,000 TO SPRAY FOR MOSQUITOES OUTSIDE OF THE COLLIER MOSQUITO CONTROL DISTRICT SHOULD THE COUNTY BE PLACED ON MEDICAIJ AI.FRT FlY THE DEPARTMF. NT OF HEAIJTH Item # 16E 1 AWARD BID #03-3518, FOR SAFETY EQUIPMENT AND SUPPLIES, TO SAFETY SUPPLY WAREHOUSE AND GRAINGF, R. (ESTIMATED NOT TO EXCEFD $100~000) Item # 16E2 REJECT ALL PROPOSALS RECEIVED UNDER RFP 03-3543, COMMUNICATIONS SERVICES CONTRACT- STAFF TO RF. ISSI JE AN RFP Item #16E3 Page 335 July 29, 2003 A BUDGET AMENDMENT TO MOVE FUNDS FROM THE INFORMATION TECHNOLOGY DEPARTMENT BUDGET TO THE HUMAN RESOURCES DEPARTMENT BUDGET IN ORDER TO PROVIDE ADEQUATE FUNDING TO MEET STAFFING NEEDS FOR THE REMAINDER OF THE CURRENT FISCAIJ YEAR Item #16E4 AWARD OF BID #03-3527, "GASOLINE AND DIESEL FUEL", TO EVANS OIL COMPANY (PRIMARY VENDOR) AND PETROLEUM TRADERS CORPORATION (SECONDARY VENDOR), ESTIMATED AT $1.8 MIIJJON ANNIIAIJ~Y Item # 16E5 PAYMENT OF $34,467.43 TO AAA GENERATOR & PUMP, 1NC., FOR USE TAX ASSESSED BY STATE OF FLORIDA DEPARTMENT OF REVENUE AND FOR USE TAX INCURRED AFTER ASSESSMENT ON CONTRACTED WORK- FOR THE PERIOD OF 1996 THROUGH 12/31/02 UNDER CONTRACT #03- 3466 Item # 16E6 REPORT AND RATIFY STAFF-APPROVED ADMINISTRATIVE CHANGE ORDERS TO BOARD-APPROVED CONTRACTS- FOR PERIOD BEGINNING ON OR ABOUT 6/9/03 THROUGH 7/16/03 Item #16E7 PARTIAL FUNDING IN THE AMOUNT OF $16,622.67 FOR THE GOLDEN GATE FIRE SAFETY COMPLEX KITCHEN REMODEl, TO IMPROVE FACII.ITY ACCOMMODATIONS Page 336 July 29, 2003 Item #16E8 CHANGE ORDER #3, AMENDMENT FOUR, CONTRACT 98- 2867, IN THE AMOUNT OF $338,000 FOR THE DESIGN OF THE EXPANSION AND RENOVATION OF THE NAPLES JAIL CENTER TO AEC NATIONAl, Item # 16F 1 CONSENT AND EMERGENCY AGENDA ITEMS APPROVED BY THE COUNTY MANAGER DURING THE BOARD'S SCHEDI II,ED RECESS Item #1' BUDGET AMENDMENT TO FUND THE EAGLE LAKES NATIIRE INTERPRETIVF. CENTER; PROJECT 74050 Item #2' CONTRACT #03-3497, "AUDITING SERVICES FOR COLLIER COUNTY", AWARDED TO KPMG IN THE ESTIMATED AMOI INT OF $285;000 Item #3' BUDGET AMENDMENT #03-404 FOR SABAL PALM ROAD EXTENSION; #03-405 FOR GOLDEN GATE BEAUTIFICATION MSTU; #03-406 FOR VANDERBILT BEACH MSTU; #03-407 FOR NAPLES PRODUCTION PARK MSTD; #03-408 FOR LELY GOLF ESTATES BEAUTIFICATION MSTD AND #03-410 FOR COIJ.IER COl JNTY lIGHTING Item #4' Page 337 July 29, 2003 BUDGET AMENDMENT #03-389 FOR MSTD GENERAL I,ANDSCAPE PROJECTS Item #5: BUDGET AMENDMENT TO FUND THE PROCESS OF LEGAL ADVERTISING Item #6: BUDGET AMENDMENT #03-414 FOR MSTD GENERAL IJANDSCAPE PROJECTS Item #7: BID #03-3542 FOR THE "BOARDROOM TECHNOLOGY ENHANCEMENT" PROJECT AWARDED TO THE WHITLOCK GROI JP IN THE AMOIJNT OF $105~398 Item #8: BID #03-3547 FOR LONG DISTANCE SERVICES AWARDED TO TEL QUEST COMMUNICATIONS CORPORATION IN THE ESTIMATED AMOIINT OF $847000 Item #9: BUDGET AMENDMENT #03-422 FOR PUBLIC SERVICES ADMINISTRATION Item #16F2 AWARD BID #03-3520 IN THE AMOUNT OF $44,800 FOR PURCHASE AND DELIVERY OF PINE STRAW MULCH TO FORESTRY RESOI IRCES~ INC. Page 338 July 29, 2003 Item #16F3 RESOLUTION 2003-245 AUTHORIZING COLLIER COUNTY, FLORIDA TO ACCEPT A $20,000 MATCHING GRANT (75/25) FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS TO REVISE AND UPDATE THE COLLIER COUNTY'S LOCAL MITIGATION STRATEGY AND APPROVE A BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATFi RF, VFJNI IF, Item # 16F4 RESOLUTION 2003-246 FIXING THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT (NON-AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE PROPERTIES WITHIN THE PELICAN BAY MI JNICIPAIJ SF. RVICE TAXING AND FIFJNFJFIT I1NIT Item # 16F5 RESOLUTION 2003-247 AUTHORIZING THE ISSUANCE BY COLLIER COUNTY, FLORIDA GAS TAX REVENUE BONDS, SERIES 2004 AND ADDING THE CONSTITUTIONAL GAS TAX REVENUES TO THE PLEDGED FUNDS FOR THE PRINCIPAL PURPOSES OF FINANCING THE COSTS OF VARIOUS TRANSPORTATION IMPROVEMENTS WITHIN THE COUNTY AND REFINANCING CERTAIN INDF. BTFDNF. SS Item # 16F6 RESOLUTION 2003-248 REGARDING REIMBURSEMENT OF CERTAIN COSTS RELATING TO THE ACQUISITION, CONSTRUCTION, AND RENOVATION OF THE COUNTY JAIL COMPIJFJX ADDITION Page 339 July 29, 2003 Item #16F7 A BUDGET AMENDMENT REQUIRED FOR PAYMENT OF REBATABLE ARBITRAGE ON THE ROAD IMPROVEMENT REFI INDING R EVENI IF, BONDS. SERIFS 1 995 Item # 16I 1 MISCELLANEOUS CORRESPONDENCE- FILED AND/OR REFERRED The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 340 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE July 29, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Bo Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for May 10, 2003 through Ma.v 16, 2003. 2. Disbursements for June 14, 2003 through June 20. 2003 3. Disbursements for June 21, 2003 through June 27. 2003 Districts: Cedar hammock Community Development District - Minutes of Meetings dated Monday, February 10, 2003. 2. Cow Slough Water Control District - Budget for Fiscal Year 2003-2004. Heritage Greens Community Development District - Minutes of Meeting dated Monday, August 12, 2002, Operating Budget for FY 2003, Description of Outstanding Bonds, Minutes of Meeting dated Monday, March 10, 2003, Independent Auditor's Report for the Fiscal year ended Sept. 30, 2003, Management Letter and Rebuttal to Management Letter. Immokalee Water and Sewer District - Annual Local Government Financial Report FY 2001-2002, Independent Auditor's Report, Independent Auditor's Report to Management and Rebuttal to Management Letter from Immokalee Water and Sewer District. Mediterra South Community Dev. Dist. - Minutes of meeting for February 26, 2003, Minutes of meeting for March 31, 2003 amd Description of outstanding Bonds. 6. Port of the Islands Community District - Minutes of April 18, 2003 Fiddler's Creed Community Development District- Minutes of Meeting held on February 26, 2003, Minutes of meeting held on May 7, 2003, Public Facilities Report. Minutes.: H:Data/Format 5. 6. 7. 10. 11. 12. 13. 14. 15. 16. 17. 18. Immokalee Beautification M.S.T.U. Advisory Committee - Minutes of May 21, 2003. Collier County Airport Authority - Agenda for June 9, 2003, Minutes of May 12, 2003. Library Advisory Board - Agenda for May 28, 2003, Minutes of April 30, 2003. Isles of Capri Fire/Rescue District - Agenda for June 5, 2003. Bayshore/Gateway Triangle Advisory Board - Minutes of May 7. 2003. Development Services Advisory Committee - Agenda for June 4, 2003. Radio Road Beautification M.S.T.U. - Agenda for June 17, 2003, Minutes of May 20, 2003. Historic & Archaeological Preservation Board - Agenda for June 2003, Minutes of May 21, 2003. Immokalee Local Redevelopment Advisory Board - Minutes of January 22, 2003, Minutes of March 26, 2003, April 16, 2003, April 23, 2003, Minutes of May 28, 2003. Collier County Contractor's Licensin~ Board - Agenda for June 18, 2003. Pelican Bay Services - Agenda for June 18, 2003, Agenda for July 2, 2003, Minutes of June4, 2003,t4±nu'ces of June 18, 2003 Collier County Planning Services - Agenda for June 19, 2003, Minutes of May 15, 2003. · . J Lely Golf Beautification Advisory Committee - Agenda for June 19, 2003, Minutes of May 15, 2003. Productivity Committee Meeting - Minutes of May 21,2003. Golden Gate Estates Land Trust Committee Meeting - Minutes of Marcl~ 24, 2003. Vanderbilt Beach M.S.T.U. Advisory Committee -_Agenda for July 1, 2003, Minutes of June 2, 2003. Parks and Recreation Advisory Board -Age~ad~a.. of June 25, 2003, Minutes of May 21, 2003. Forest Lakes Roadway and Drainage M.S.T.U. Advisory Committee - Agenda for June 27, 2003, Minutes of May 30, 2003. H:Data/Format 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Citizen's Advisory Task Force Committee - Agenda for May 9, 2003, Minutes of March 20, 2003. Bavshore/Gateway Triangle Local Redevelopment Advisory BOard Minutes of June 3, 2003; Minutes of February 5, 2003, Minutes of January 8, 2003. Collier County Citizen's Corps Advisory Committee - Minutes of May 22, 2003; Agenda for May 22, 2003. Bayshore Gateway Triangle Local Redevelopment Adisory Board - Tues. July 1, 2003 Environmental Advisory Council - Agenda for July 2, 2003, Minutes of June 4, 2003. Agenda for May 7, 2003, Agenda for April 2, 2003, Minutes of April 2, 2003 Development Services Advisory Committee - Agenda for July 2, 2003, June 4, 2003. Collier County Library Advisory Board - Agenda for June 25, 2003, Minutes of May 28, 2003. Development Services Advisory Committee - Agenda for July 2, 2003. Bayshore Beautification M.S.T.U. - Agenda for August 13, 2003, June 11, 2003. Golden Gate Area Master Plan Restudy Committee - Minutes for Jan. 9, 2002. H:Data/Format July 29, 2003 Item # 16J 1 PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS DETERMINED TO SERVE A VALID PUBLIC PURPOSE AND AUTHORIZATION TO EXPEND COUNTY FUNDS TO SATISFY SAID PIJRCHASES (JIJNE 28-JIIIJY 117 2003) Item # 16J2 PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS DETERMINED TO SERVE A VALID PUBLIC PURPOSE AND AUTHORIZATION TO EXPEND COUNTY FUNDS TO SATISFY SAID PIIRCHASES (JIJNE 14-JIINF, 27, 2003) Item # 16J3 PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS DETERMINED TO SERVE A VALID PUBLIC PURPOSE AND AUTHORIZATION TO EXPEND COUNTY FUNDS TO SATISFY SAID PIIRCHASF, S (JIHJY 12-JIIIJY 18_ 2003'} Item # 16J4 DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT AND PROGRAM POINT-OF-CONTACT FOR THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM, ACCEPT THE GRANT WHEN AWARDED AND APPROVE APPI,ICAFIIJFJ FIIIDGET AMENDMFNTS Item # 16K 1 Page 341 July 29, 2003 THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 159B IN THE LAWSUIT STYLED COLLIER COUNTY V. ANDY R. MORGAN, ETAL., CASE NO. 02-5169-CA (IMMOKALEE ROAD PROJECT #60018). (IN THE AMOUNT OF $17,382.96)- STAFF TO PAY $2~820.96 TO FIJORIDA POWER & IJGHT Item # 16K2 THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF A ROAD EASEMENT DESIGNATED AS PARCEL 128 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. GERALD A. MCHALE, JR., SUCCESSOR TRUSTEE UNDER UNRECORDED LAND TRUST AGREEMENT DATED 12/10/92, ET. AL. (PINE RIDGE ROAD BETWEEN CR 31 AND LOGAN BLVD., PRO. IECTNO. 600111.) (IN THE AMOIINT OF $3~394.14) Item # 16K3 THE STIPULATED FINAL JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 142 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. OWEN M. WARD, TRUSTEE, ET~4L., CASE NO. 99-1291-CA. (IN THE AMOIINT OF $18,716) Item # 16K4 MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT RELATING TO THE ACQUISITION OF PARCEL 132 IN THE LAWSUIT STYLED COLLIER COUNTY V. TREESOURCE, INC., ETAL., CASE NO. 02-5167-CA (IMMOKALEE ROAD PROJECT NO. 60018.) (IN THE AMOI JNT OF $200,100) Item # 16K5 Page 342 July 29, 2003 A BUDGET AMENDMENT IN THE AMOUNT OF $50,000 FOR OUTSIDE COUNSEL AND PROFESSIONAL SERVICES IN SUPPORT OF RESOLUTION 2002-428 EXPRESSING THE COUNTY'S CONCERNS REGARDING THE ACQUISITION OF THE MARCO ISLAND/MARCO SHORES UTILITY SYSTEM BY THFi FI.ORIDA WATER SF, RVICF. S AI~THORITY Item # 16K6 SETTLEMENT AGREEMENT IN THE CASE OF BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA V. MANATEE RESORT CONDOMINIUM ASSOCIATION, ET AL, CODE ENFORCEMENT BOARD CASE NUMBER 2001-086 - COUNTY TO RECEIVE $55,140.13 FOR IMPACT FEES ASSOCIATF, D WITH THF. CHANGF. OF IJSF~ Item # 17A - Continued to September 9, 2003 ADOPT A RESOLUTION AUTHORIZING A CHANGE IN METHODOLOGY FOR THE ASSESSMENT OF NON- RESIDENTIAL WATER AND WASTEWATER IMPACT FEES BASED ON EQUIVALENT RESIDENTIAL CONNECTIONS (F RC) Item #17B - Continued to September 9, 2003 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 0511S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM C-3 AND RMF-6 TO "PUD" Page 343 July 29, 2003 PLANNED UNIT DEVELOPMENT KNOWN AS THE MILLER SQUARE PUD. THIS PROJECT WILL CONSIST OF 20,000 SQUARE FEET OR LESS OF RETAIL AND OFFICE COMMERCIAL USES, LOCATED AT THE NORTHEAST CORNER OF U.S. 41 EAST AND SHADOWLAWN DRIVE, CONSISTING OF 1.9+ ACRES. (THIS ITEM IS A COMPANION TO CPSS-2003-1 GMP AMF, NDMF, NT~ ITEM 1 7 C) Item # 17C - Continued to September 9, 2003 PETITION NO. CPSS-2003-1, A SMALL-SCALE GROWTH MANAGEMENT PLAN AMENDMENT (FUTURE LAND USE ELEMENT) TO EXPAND THE BOUNDARIES OF ACTIVITY CENTER #16. (THIS ITEM IS A COMPANION TO MILLER SQl ~ARF, PI JDZ-2002-AR-31 51~ ITEM 17 B) Item # 17D ORDINANCE 2003-38 RE: PETITION PUDZ-03-AR-3605, WILLIAM L. HOOVER OF HOOVER PLANNING AND DEVELOPMENT INC., AND JEFF DAVIDSON OF DAVIDSON ENGINEERING, INC., REPRESENTING PHILIP MCCABE OF GULF COAST COMMERCIAL CORPORATION, REQUESTING A REZONE FROM "RMF-6" RESIDENTIAL MULTI-FAMILY ZONING DISTRICT TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS BOTANICAL PLACE PUD ALLOWING 218 MULTI-FAMILY RESIDENTIAL DWELLING UNITS OF WHICH 64 UNITS WILL BE FOR AFFORDABLE HOUSING SUBJECT TO THE APPROVAL OF AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT FOR PROPERTY LOCATED ON THE EAST SIDE OF BAYSHORE DRIVE AND APPROXIMATELY 800 FEET NORTH OF THOMASSON DRIVE Page 344 July 29, 2003 Item #17E RESOLUTION 2003-249 RE: PETITION AVROW2003-AR3572 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE ROAD RIGHT-OF- WAY FOR 45TM LANE SOUTHWEST, WHICH WAS DEDICATED TO THE COUNTY BY THE PLAT OF "GOLDEN GATE UNIT 3", AND TO VACATE TWO 6 FOOT WIDE DRAINAGE AND PIIFIIJIC IITII.ITY EASEMENTS Item # 17F RESOLUTION 2003-250 RE: PETITION AVPLAT2002-AR3183 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 15 FOOT WIDE DRAINAGE EASEMENT LOCATED ON A PORTION OF LOT 42, BLOCK "B", ACCORDING TO THE PLAT OF "FOREST LAKES HOMES", AND TO ACCEPT A RELOCATION DRAINAGE EASEMENT ON A PORTION OF SAID LOT 42 AND ON A PORTION OF THAT PARCEL OWNED BY THE PF, TITIONF, R WHICH ABIJTS SAID I.OT 42 Item #17G ORDINANCE 2003-39 IMPOSING A $3.00 SURCHARGE TO FUND DRIVER EDUCATION PROGRAMS IN PUBLIC AND NON-PI IBI,IC HIGH SCHOOI,S IN COIJJIF, R COl 1NTY Item # 17H RESOLUTION 2003-251 INCREASING THE REGULATORY ASSESSMENT FEE FROM ONE AND ONE-HALF PERCENT TO TWO PERCENT OF GROSS REVENUES FOR NON-EXEMPT PRIVATELY OWNED WATER AND WASTEWATER SYSTEMS Page 345 July 29, 2003 SUBJECT TO LOCAL REGULATION, EFFECTIVE OCTOBER 1, 2003 Item # 17I RESOLUTION 2003-252 RE: PETITION SNR-2003, AR-3979, RONALD WALDROP OF WALDROP ENGINEERING, P.A., REPRESENTING LELY DEVELOPMENT CORPORATION. APPLICANT IS REQUESTING THE FOLLOWING FIVE STREET NAME CHANGES LOCATED IN THE CLASSICS PLANTATION ESTATES PHASE TWO:. FROM HEMINGWAY STREET TO TRENT COURT; FROM KIPLING ROAD TO NELSONS WAY; FROM CASABLANCA STREET TO PALMER COURT; FROM BROWNING STREET TO HOGAN COURT; FROM EMERSON STREET TO SNEAD COIJRT Page 346 July 29, '2003 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 8:55 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECI~,~~m~T~LTq. DER ITS CONTROL TOM HENNING, ChaimllPfl '~- Qq-O~ DWIGHT E~BROCK, CLERK These mingtes approved by the Board on presented,,,,/ or as corrected , as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE NOTTINGHAM, ELIZABETH BROOKS AND DEBRA DELAP Page 347