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BCC Minutes 09/09/2003 RSeptember 9, 2003 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 9, 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 Donna Fiala Frank Halas ALSO PRESENT: Jim Mudd, County Administrator David C. Weigel, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 9, 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. 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 September 9, 2003 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Richard D. Ringenwald, Moorings Presbyterian Church AGENDA AND MINUTES Approval of today's regular, consent and summary agenda as amended. Parte Disclosure provided by Commission members for summary agenda.) B. July 29, 2003- Regular (Ex C. July 31, 2003 - Value Adjustment Board Organizational Meeting SERVICE AWARDS Twenty-Year Attende~- 1) Joanne Soprano, Library PROCLAMATIONS Proclamation to designate September 22, 2003 as Family Day. There are ~o representatives to accept this proclamation. Proclamation to bring awareness to the Leukemia & Lymphoma Society by designating the Month of September 2003, as Leukemia and Lymphoma Awareness Month. To be accepted by Nancy B. Fessenden, Ph.D., Patient Services Manager. Proclamation to designate September 15 through 19, 2003 as Industry Appreciation Week. To be accepted by Tammie Nemecek, Executive Director of the Economic Development Council and Fred Pezeshkan, Chairman of the Economic Development Council. D. Proclamation recognizing Dr. Charles A. Stokes for his outstanding spirit of civic mindedness and his contributions to the community. 5. PRESENTATIONS Recommendation to recognize Pamela Wilson, Administrative Assistant, Traffic Operations and ATM Department, as Employee of the Month for August 2003. 6. PUBLIC PETITIONS A. Public Petition request by Mr. Adam Mackey regarding proposed Traffic Light at the Regent Park entrance on Immokalee Road. 7. BOARD OF ZONING APPEALS Continued from the July 29, 2003 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-2525 Robert Davy and Mark Allen, representing Little 2 September 9, 2003 Hickory Shores Unit 3 Re-Plat Property Owners, requesting a 15-foot variance from the required boathouse sideyard setbacks 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. B. This item re uires that all artici ants be sworn in and ex arte disclosure be rop_[9._~_~ed b. Commission members. CU-2002-AR-3485, Terry Ke le. Kepple Engineering, renresentin. p~,,.=..=_, ,., ...... - pp . of ,, ,- u ~,,-,,.,-. ,,. nyan, requesting conditional Use "11 to allow a kiosk adjacent to the parking lot in the C-5 zoning district for a food vendor. The property to be considered for the conditional use is located at the Estey-Air Plaza, 1253 Airport Road South, located at the corner of Airport Road and Estey Avenue, in Section 1, Township 50 south, Range 25 east, Collier County, Florida. This property consists of 0.97+ acres. ADVERTISED PUBLIC HEARINGS Ao This item to be heard after 10:00 a.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition DRI-02-AR-2358, Robert Mulhere of RWA Inc., representing Parklands Development L.P., requesting an amendment to the Parklands Development of Regional Impact (DRI), to allow for a conversion in the mixture of multi-family and single family uses while retaining the currently approved residential uses; adding an additional 9 holes of golf for a total of 27 holes; establishing a "Road Construction Agreement" with Collier County for the extension of Logan Boulevard; revising the environmental commitments to include wetland preservation and flow-way improvements for property located at the northeast corner of the Logan Boulevard Extension and the future east/west Livingston Road Right-of-Way and approximately two miles north of Immokalee Road (CR-846), in Section 9, Township 48 south, Range 26 east, Collier County, Florida. This item to be heard after 10:00 a.m. This item re uires that all artici ants be sworn in and ex arte disclosure be rovided b Commission members. Petition PUDZ-02-AR-2357, Robert Mulhere,, of ,,RWA,, In,c,;. representing Parklands Developments L.P., requesting a PUD to PUD '(Planned Unit Development) rezone for the purpose of revising the Parklands PUD document and master plan to allow for a conversion in the mixture of multi- family and single family uses while retaining the currently approved residential uses; adding an additional 9 holes of golf for a total of 27 holes; establishing a "Road Construction Agreement" with Collier County for the extension of Logan Boulevard; revising the environmental .commitments to include wetland preservation and flow-way improvements for property located at the northeast corner of the Logan Boulevard Extension and the future east/west Livingston Road Right-of-Way and approximately two miles north of Immokalee Road (CR-846), in Section 9, Township 48 south, Range 26 east, Collier County, Florida. 3 September 9, 2003 Co Do E' Go Continued from the July 29, 2003 BCC Meetin.q. Al~proval of Items 17A and 17B are contin.qent ur)on the approval of this item. Petition No. CPSS-2003-1, ~ Small-scale growth management plan amendment (future land use element) to expand the boundaries of Activity Center #16. This item requires that all participants be sworn in and ex parte disclosure b~'~ provided by Commission members. Petition CCSL-2001-5/AR-1922, Brett Moore of Humiston and Moore Engineering, representing the Vanderbilt Beach Motel; requesting a variance from the Coastal Construction Setback Line (CCSL) to allow construction of a multi-story residential buildil]g, a parking structure, two swimming pools with extensive paver decking, and a wooden boardwalk connecting to a handicapped beach access ramp all of which are located on property known as the Vanderbilt Beach Motel with a street address of 9225 Gulfshore Drive North in an area generally known as Vanderbilt Beach and more particularly described as Lot 4, Block A, Conners Vanderbilt Beach Estates Unit No. 1, located in Section 32, Township 48 south, Range 25 east, Collier County, Florida. ..This item to be heard after 2:00 p.m Recommendation to approve commercial excavation Permit No. 59.814-1 "Golden Gate Quarry", located in Section 21, Township 49 south, Range 27 east; bounded on the north by the existing quarry operation, and on the west, south and east by land zoned Agricultural- A (ST/WS4). Public Hearing for the 2002 Cycle of Growth Management Plan Amendments. (Adoption Hearing) Adoption of a resolution applying the annual mid-cycle year indexing adjustments to amend the road impact fee rate schedule, which is Schedule One of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (Collier County Consolidated Impact Fee Ordinance No. 2001-13, as amended); providing for a delayed effective date. This item to be heard after 3:00 .m. Continued from the Jul 29 2003 BCC ~ 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. .This item to be heard after 3:00 p.m. Approve an ordinance to be known as the Fee Payment Assistance Ordinance; approve an associated budget amendment for $1,500,000; establish a fee payment assistance program available to eligible businesses to mitigate the economic effects of increased impact fee rates. This item to be .heard after 3:00 p.m. Approve an ordinance to be known as the Advanced Broadband Infrastructure Investment Ordinance, establishing an advanced broadband infrastructure investment program available to eligible businesses to encourage private sector investment in advanced broadband infrastructure. 4 September 9, 2003 10. This item to be heard after 3:00 p.m_ Approve an ordinance to be known as the Job Creation Investment Ordinance; approve an associated budget amendment for $500,000; establish the job creation investment program available to eligible businesses to mitigate the economic effects of increased development fees and relocation or expansion costs. This item to be heard after 3:00 p.m Approve an ordinance to be known as the Property Tax Stimulus Ordinance; establish a property tax stimulus program available to eligible businesses to mitigate the economic effects of increased relocation and expansion costs. 9. BOARD OF COUNTY COMMISSIONERS A. This item has been deleted. B. Appointment of member to the Development Services Advisory Committee. C. Appointment of members to the Contractors' Licensing Board. D. Appointment of member to the 1-75 Golden Gate Parkway Ad Hoc Advisory Committee. E. Appointment of members to the Bayshore/Gateway Triangle Redevelopment Advisory Board. F. Appointment of members to the Collier County Planning Commission. G. Appointment of member to the Collier County Airport Authority. H. Appointment of members to the Emergency Medical Council. Local Services Advisory I. Appointment of member to the Hispanic Affairs Advisory Board. J. Appointment of Commissioner to serve on the County Canvassing Board. K. Appointment of members to the Black Affairs Advisory Board. L. Discussion of proposed amendment to the County's Vehicle For Ordinance regulating taxicabs. (Commissioner Henning) .COUNTY MANAGER'S REPORT Hire Board of Count Commissioners actin as the Communit Redevelo ment ~ Recommendation that the Community Redevelopment Agency (CRA) carefully analyze the four funding options and recommend to the Board of County Commissioners the amount of funding that should be allocated from Fund 186 (Immokalee Redevelopment) and Fund 187 (Bayshore/Gateway Redevelopment) towards the funding of one and three quarters (1 & %) full- time employees (FTEs) for FY03/04 necessary for facilitating the Redevelopment Incentives Program. (Joseph K. Schmitt, Community Development) 5 September 9, 2003 11. 12. 13. Approve funding in the amount of $98,000 for 'the creation of a Non-Profit Housing Development Corporation (HDC). (Joseph K. Schmitt, Administrator, Community Development) C. Approve Developer Contribution Agreement with G.L. Homes of Naples Associates, Ltd. as developer for road impact credits ($344,250) in exchange for the land dedication to the County's Transportation Network. All rights to developer under the Developer Contribution Agreement are subject to developer complying with all conditions of the Agreement imposed by the County. (Norman Feder, Administrator, Transportation Services) D. Consideration to support the Southwest Florida Resource and Conservation and Development (SWFRC&D) Council's Application for Resource Conservation and Development Program Assistance after hearing a presentation by a SWFRC&D Representative. (Joseph K. Schmitt, Administrator, Community Development) E. !~em to be heard prior to Items 8A and 8B' Request that the Board of County Commissioners approve donation agreements and accept warranty dee, ds from Olde Cypress Development, Ltd., for Olde Cypress Unit One, Tract R-3, Tract O and a portion of Tract R-1 for the purpose of future right-of-way to be known as Logan Boulevard North and to approve a landscape maintenance agreement with Olde Cypress Development. (Norman Feder, Administrator, Transportation Services) Recommend that the Board of County Commissioners authorize staff to negotiate agreements between the agency for Health Care Administration and Naples Community Hospital for participation in the Upper Payment Limit Program for services provided on behalf of Human Services Department, County Health Department, and David Lawrence Center to generate an additional $537,197 in federal matching funds. (John Dunnuck, Administrator, Public Services) Authorize an additional $163,900 to spray for mosquitos outside of the Collier Mosquito Control District for the remainder of the rainy season because of the medical alert by the Florida Department of Health. (John Dunnuck, Administrator, Public Services) H. Award a Construction Contract in the amount of $5,920,319.69 to Better Roads Inc., and allocate $590,000.00 (10% of the construction cost) for contingency purposes to construct the Golden Gate Parkway Six Lane Improvement Project, from Livingston Road to Santa Barbara Boulevard, Project No. 60027, Bid No. 03-3552. (Norman Feder, Administrator, Transportation Services) PUBLIC COMMENTS ON GENERAL TOPICS COUNTY ATTORNEY'S REPORT OTHER CONSTITUTIONAL OFFICERS 6 September 9, 2003 Item to be heard at 1:00 p.m. To discuss with the Board of County Commissioners the Clerk of the-Circuit Court assisting the State Attorney's Office with white-collar crime cases. 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approve an agreement to accept a 100% reimbursable Caribbean Conservation Corporation Grant in the amount of $6,000. 2) Approve the settlement agreement relative to a Code Enforcement Lien imposed on property located on 275 Singletary Street, Copeland, Florida, and upon payment authorize the execution and recording of a Satisfaction of Lien. 3) Establishment of a program to provide assistance to affordable housing rental developments. 4) Final acceptance of water and sewer utility facilities for North Naples United Methodist Church. s) Request to grant final acceptance of the roadway (private), drainage, water and sewer Improvements for the final plat of "Indigo Lakes Unit One". 6) Request to grant final acceptance of the roadway (private), drainage, water and sewer improvements for the final plat of "Indigo Lakes Unit Three". 7) Request to grant final acceptance of the roadway (private), drainage, water and sewer improvements for the final plat of "Pebblebrooke Lakes". 8) Request to grant final acceptance of the roadway (private), drainage, water and sewer improvements for the final plat of "Pebblebrooke Lakes Phase 2". 9) Request to grant final acceptance of the roadway (private), drainage, water and sewer improvements for the final plat of "Pebblebrook Lakes Phase 3". 7 September 9, 2003 lO) Approve a TDC Category "A" Tourism Agreement with the City of Naples for the Lowdermilk Park Parking Lot Reconstruction/Restoration in the amount of $375,000. 11) Approval of the Satisfaction of Liens for Code Enforcement Board Case No. 2002-013; 2003-018; and 2001-014. 12) Lien Resolutions-Code Enforcement Case Numbers: 2003010033/Licimaco Ramirez; 20020602501Lizzie Holmes Glover; 2003041306/Abraham j. and Dotty Moses; 2003041305/Abraham j. and Dotty Moses; 20030413041Abraham j. and Dotty Moses; 2003041303/Macquerira, Mercy; 2003050823/Buitrago, Alvaro; 2003030939/Gomez, Jesus; 2002120974/VVisniewski, Leonard; 2003010862/Smentek, Karen L.; 2002120433/Melendez, Miranda; 2002120967/Lewis Tr., Evelyn G; 2107300309/Family Storage Inc., 20030112241Baur, Guy E. and Diane; 20030107721Joyce Et al, Wallace Landon; and 2002110465/Aurora Bros. 13) Ratify County Manager authorization to. change the allocation of expenses in Tourism Agreement with the City of Naples for the July 4th 2003 Celebration. B. TRANSPORTATION SERVICES 1) To obtain retroactive Board approval of wording change to the amended Interlocal Agreement with the City of Naples extending the current distribution of the local option gas taxes revenues until December 31, 2003. 2) To address a neighborhood association generated request that the Collier County Board of County Commissioners (CCBCC) approve the establishment of a Neighborhood Traffic Management Program (NTMP)/Traffic Calming Project via the adoption of Traffic Management Petition Number 03-02, for the area of Estey Avenue, Pine Street and Brookside Drive from Shadowlawn Drive to Davis Boulevard/SR 84 for a total cost of $16,000. 3) Award a construction contract in the amount of $702,930.45 to Apac- Southwest Inc., and allocate $70,000 (10% of the construction cost) for contingency and budget purposes to construct the proposed Davis Boulevard/Collier Boulevard Intersection, Project No. 60170. 4) Approve Work Order No. BOC-FT-03-03 with Bonness Inc., for intersection improvements in the amount of $165,716.46 on Golden Gate Parkway and Coronado Parkway Intersection, Project No. 66065. 5) Approve the Joint Participation Agreement between Collier County and Sprint-Florida, Incorporated for construction of underground utilities for the Golden Gate Parkway Six Lane Improvement Project No. 60027. 6) To address a neighborhood association generated request that the Collier County Board of County Commissioners (CCBCc) approve the establishment of a Neighborhood Traffic Management Program 8 . September 9, 2003 (NTMP)/Traffic Calming Project via the adoption of Traffic Management Petition Number 03-01, for River Reach Drive from River Reach Way West approximately 3,200 feet. 7) Award Contracts 03-3480 "Fixed Term Professional Environmental Consulting Services" (estimated dollar amount of contract not to exceed $500,000 annually per firm). 8) Recommendation to award Annual Bid #03-3510-"Jack and Bore and Directional Bore Operations" to Cabana Construction, Inc. and American Boring and Trenching, Inc., for the approximate amount of $30,000. 9) Approve a Work Order No. KCS-FT-03-01 in the amount of $197,934 for the construction engineering and inspections services by KCCS for the Davis Boulevard/Collier Boulevard Intersection Improvements, Project No. 60170, RFP No. 00-3184. 10) Recommendation to award Bid #03-3483-to NR Contractors for the construction of equipment noise barrier wall at the Davis Boulevard Maintenance Facility approximate amount of $409,981.68 and include additional engineering work and a contingency in the amount of $51,(~00 for a total amount of $460,981.68. C. PUBLIC UTILITIES 1) Award of Bid #03-3544 - Annual Contract for Sale of Baled Corrugated and White Goods". 2) Request a budget amendment to transfer funds between Stake and Locate, Wastewater Treatment Plant-lmmokalee Road, Reuse, Wastewater Labs, Collections, and South County Wastewater Treatment Plant in the amount of $203,000. 3) Recommendation that the Board of County Commissioners adopt resolutions approving the preliminary assessment as the final assessment rolls and adopting same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Districts No. 1 and 2, Municipal Service Benefit Units Special Assessment levied against certain residential properties within the Unincorporated Area of Collier County pursuant to Collier County Ordinance 90-30, as amended. Revenues are anticipated to be $11,333,641. 4) Accept Right-of-Entry Agreement with Olde Florida Golf Club, Inc., related to improvements needed to control unauthorized vehicular access to the County's North Hawthorn Wellfield along a South Florida Water Management District (SFWMD) Canal Easement, Project 70094 5) Approve Amendment 1 to Work Order GH-FT-02-3 with Greeley and Hansen LLC, for the South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-MGD, Project 70892, in the amount of $91,910. 9 September 9, 2003 6) 7) Approve a budget amendment to transfer funds in the amount of $300,000 received from the South Florida Water Management District (SFWMD) Grant Contract C-13978 for brackish water' supply wells for the South County Regional Water Treatment Plant (SCRWTP) Reverse Osmosis Expansion, Project 70054. Accept utility and temporary construction easements for construction of Phase II of the sewer interconnect project to redirect flow between the North and South County Sewer Systems at a cost not to exceed $7,500 (Project No. 73076). 8) Approve Change Order to Golden Gate Wellfield Reliability Improvement Contract 02-3348 in the deduct amount of $160,968, Project 70066. 9) Approve the purchase and installation of one (1) two (2) ton bridge crane in the amount of $26,055 from Crane Equipment and Service Inc., Bid #03- 3533. lO) 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 amo~lnt of $457,528.09, Project 70054. D. PUBLIC SERVICES 1) 2) 3) Approve a request to applY for a Florida Recreation Development Assistance Program Grant in the amount of $200,000 for development of North Naples Regional Park. Approve a purchase in an amount not to exceed $75,000 for skate park ramps from Bliss Products, Inc. Approve budget amendments recognizing $4,000 revenue from donations for memorial benches. E. ADMINISTRATIVE SERVICES 1) 2) 3) Adopt a resolution approving a revised policy for the operation of Lake Trafford Memorial Gardens Cemetery. Request adoption of a resolution authorizing cancellation of ad valorem taxes due on property recently acquired by the County for Copeland Panther Neighborhood Park. Approve a budget amendment to appropriate security special service revenues totaling $13,000 for reimbursement of personnel expenses in Fiscal Year 2003. 4) Report and ratify staff-approved change orders to Board-approved contracts. F. COUNTY MANAGER 10 September 9, 2003 1) Summary of Consent and Emergency Agenda Items approved by the County Manager during the Board of County Commissioners' scheduled recess. 2) 3) 4) Approve a corrected agreement accepting a matching (75/25) grant from the Florida Department of Community Affairs to revise and update the Collier County Local Mitigation Strategy. Approve Agreement #04CP-11-09-21.01.023 between the State of Florida, Department of Community Affairs and Collier County, Florida in the amount of $9,118 for the preparation of hazards analyses reports for thirty-eight facilities within Collier County. Approve an agreement between the State of Florida, Department of Community Affairs and Collier County, Florida accepting $9,257 in matching funds (75~25) for shelter enhancement to Corkscrew Middle School. 5) To adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance Proceeds) to the Fiscal Year 2002- 03 adopted budget. 6) Authorizing an Inter-fund loan from General Fund Reserves to the Isles of Capri Operating Budget. AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta's request for approval for payment to NAACP Freedom Fund Banquet. 2) Commissioner Coletta's request for approval for payment to Leadership Collier Kick Off In Honor of the Class of 2004. 3) Commissioner Henning's request for approval for payment to attend NAACP Freedom Fund Banquet. attend attend 4) Commissioner Coletta's request for approval for payment to attend the EDC 20th Annual Excellence in Industry Awards Luncheon. 5) Commissioner Fiala's request for approval for payment to attend NAACP Freedom Fund Banquet. 6) Commissioner Hales' request for approval for payment to attend the EDC 20th Annual Excellence in Industry Awards Luncheon. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 11 September 9, 2003 1) That the Board of County Commissioners ratify the payment of sales tax to the Florida Department of Revenue related to the lease arrangement with Subway Real Estate Corporation, for the Subway and Dunkin' Donuts located on the Campus. 2) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Detailed report from .J, uly 19 thro,ungh August 1, 2003 and is on display in the County Managers Office, 2 d Floor, W. Harmon Turner Building, Collier County Government Center, Naples, FL. 3) 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. Detailed report from Au,g. ust 2 thro,u,~lh August 15, 2003 and is on display in the County Manager s Office, 2 Floor, W. Harmon Turner Building. Collier County Government Center, Naples, FL. ' 4) 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. Detailed report from August 16 through 22, 2003 and is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, Collier County Government Center, Naples, FL. 5) Authorize the Supervisor of Elections to accept Voter Education Funds with a 15% matching contribution. K. COUNTY ATTORNEY 1) Authorize the making of an Offer of Judgment to Respondents, William J. Conran and Pamela J. Conran, for Parcel No. 192 in the amount of $62,000 in the Lawsuit styled Collier County v. G JR of Naples Inc., et al, Case No. 02-2212-CA (Immokalee Road Project #60018). 2) Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcel 180 in the Lawsuit styled Collier County v. Big Corkscrew Fire District, et al, Case No. 02-2218-CA (Immokalee Road Project #60018). 3). Authorize the making of an Offer of Judgment to Respondent, GJR of Naples, Inc., for Parcel No. 188 in the amount of $40,000 in the Lawsuit styled Collier County v. G JR of Naples Inc., et al, Case No. 02-2212-CA (Immokalee Road Project #60018). 4) Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcels 178A and 178B in the Lawsuit styled Collier County v. Roberto Bollt, et al, Case No. 02-2217-CA (Immokalee Road Project #60018). 12 September 9, 2003 17. 5) Board approval of a resolution calling for an the Naples Heritage Community Development Board approval of a resolution calling for an the Heritage Greens Community Development election to fill vacancies on District. election to fill vacancies on District. 7) That the Board of County Commissioners, as the Governing Body of Collier County and as Ex-Officio Governing Board of the Isles of Capri Municipal Rescue and Fire Services Taxing District and the Ochopee Fire District enter into amended interlocal agreements with independent fire districts for the purpose of implementing the duties and obligations of the various dependent and independent fire districts with respect to fire plan review and fire code inspections for new construction, construction projects and existing structures within the various districts. 8) Approve Special Master Agreements for Value Adjustment Board Hearings for Tax Year 2003. 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. Continued from the July 29, 2003 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. The approval of this item is contingent upon the approval of Item 8C. PUDZ-2003-AR-3151, Wayne Arnold and Richard Yovanovich representing Richard Santerre requesting a rezone from C-3 and RMF-6 to "PUD" Planned Unit Development known as the Miller Square PUD. This project will consist of 19,000 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 re uires that all artici ants be sworn in and ex arte disclosure be rovided b Commission members. The a roval of this item is continent u on the a royal of Item 8C. Petition AVPLAT2002-AR3175 to vacate a portion of the twelve foot wide alley and to vacate a portion of those areas labeled "Reserved for Easement 3.0 Ft." and "Reserved for Easement 1.5 Ft. on Each Side" in Block "E" as shown on the plat of "Shadowlawn at Naples," as recorded in Plat Book 1, Page 37, Public Records of Collier County, Florida, and to accept a 24 foot wide relocation alley over a portion of said Block "E", located in Section 11, Township 50 south, Range 25 east. 13 September 9, 2003 C. Approve the County's Community Development Block Grant Program Year 2002-2003 Consolidated Annual Performance and Evaluation Report (CAPER) as required by the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) Program, and authorize the Board of County Commissioner's Chairman to certify the CAPER for submission to HUD. (CAPER draft documented currently available at all Collier County Public Libraries, at the Public Information Desk and in the FAH Department office for public comment period through August 25, 2003. Final CAPER document will be submitted before September 1, 2003) D. A resolution to expand the geographic boundaries of the Collier County Water-Sewer District to incorporate areas within the Rural Fringe Mixed Use District and to delete one area served by the Florida Government Utility Authority (in the Golden Gate Area). E. This.item re uires that all artici~ants be sworn in and ex -.arte disclosure be rovided b Com~ PUDZ-2002-AR-2863, Karen Bishop, of PMS Inc. of Naples, representing John A. Pulling Jr., and Lucy G. Finch, requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Longview Center PUD for a maximum of 15 residential dwelling units, a maximum of 73,000 square feet of mixed retail and service uses and a maximum of 70,000 square feet of medical and/or general office space for property located at the northeast and southeast corners of Airport-Pulling Road and Orange Blossom Road, in Section 1, Township 49 south, Range 25 east, Collier County, Florida, consisting of 14.73+ acres. F. This item re uires that all artici ants be sworn in and ex arte disclosure be rovided b Commission members. PUDEX-2003-AR-4325 j. Gary Butler, of Butler Engineering Inc., representing Teryl H. Brzeski and Samuel Hubschman, Trustees, requesting a 2-year extension to the Pine Ridge Corners PUD, pursuant to LDC Section 2.7.3.4.6, for a 4.22+ acre tract located on the north side of Pine Ridge Road, 116+ mile east of Whippoorwill Lane, further described as Tract 77, Unit 35, Golden Gate Estates, as recorded in Plat Book 7, Page 85, in Section 7, Township 49 south, Range 26 east, of Collier County, Florida. G. This item re uires that all artici ants be sworn in and ex arte disclosure be =~ovided b Commission members. PUDEX-2003-AR.4383 Terrance Kepple, Kepple Engineering Inc., representing JTM Corporate Plaza, Ltd., Antonio and Carmen Briceno, and Velma and Charles Bland, requesting a two-year extension of the Jacaranda Center PUD per LDC Section 2.7.3.4.6. Property is located at the northeast corner of the Golden Gate Parkway and 55th Street S.W. intersection, more particularly described as Lots 28, 29, 30 and 31, Block 219, Golden Gate Subdivision Unit 6, in Section 28, Township 49 south, Range 26 east, Collier County, Florida, consisting of 1.5+ acres. H. Adopt a resolution amending the effluent Irrigation user rates, which is Schedule Three of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. I. Adopt a resolution amending Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, as amended, the same 14 September 9, 2003 being the Collier County Consolidated Impact Fee Ordinances, authorizing a change in methodology for the assessment of non-residential water and wastewater impact fees based on Equivalent Residential Connections (ERC). Adopt a resolution repealing Resolution No. 2003-240 and amending Resolution No. 2002-141 and adopt a resolution confirming the preliminary assessment roll for the Price Street-Barefoot Williams Road Special Assessment District has been prepared as a final roll and adopting same for the purpose of utilizing the ad-valorem tax collection method, Project Number 70077. 18. ADJOURN ~"_C_~,"I"G C",^,GES TO T,E SO^RD'S ^~,D^ S,OULD a~ MhD TO T,~ COU,~ M^"^~R S O~FiCE ^T ??4-8383. ~ 15 September 9, 2003 September 9, 2003 CHAIRMAN HENNING: Everybody come to order. I call the meeting to order of the Board of Commissioners of Collier County. Today we will have invocation by -- led by Jim Mudd. And then follow that, we'll have Commissioner Coyle lead us in the pledge of allegiance. Would you all rise, please. MR. MUDD: Let us pray. Oh, Heavenly Father, we ask your blessings on these proceedings and all who are gathered here. We ask a special blessing on all the victims and their families from 9-11 as we approach the two-year anniversary. And if I could have a moment of silence as we pray for our own personal attention to memorialize that horrendous day. Father, we also ask your blessings on this Board of County Commissioners. Guide them in their deliberations, grant them the wisdom and vision to meet the trials and tribulations that come on from day to day. Bless us now as we undertake the business of Collier County and its citizens, that our actions will serve the greater good of all citizens and be acceptable in your sight. Your will be done. Amen. (Pledge of allegiance was recited in unison.) Item #2A CONSENT, SUMMARY, AND REGULAR AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES (WITH THE EXCEPTION OF ITEM #17B, WHICH IS CONTINGENT UPON THE APPROVAI~ OF ITEM #8C) CHAIRMAN HENNING: Thank you, County Manager Jim Mudd. That was a nice touch to start out the day. Mr. Weigel, do we have any changes, corrections or deletions to Page 2 September 9, 2003 today's agenda? MR. WEIGEL: Thank you, Mr. Chairman. We will have, through Marjorie Student, Assistant County Attorney, one note for the record relating to Item 17(A). Ms. Student is prepared to read it into the record right now. Thank you. MS. STUDENT: This is just a change in the effective date of the Miller Square PUD ordinance to reflect that it is supported by a small-scale comprehensive plan amendment that you have under consideration today. And that revised effective date language should read as follows: This ordinance shall not become effective until the supporting small-scale growth management plan amendment becomes legally effective, as provided by Subsection 163.3187(3)(a) Florida Statutes. Thank you. CHAIRMAN HENNING: Any other changes? MR. WEIGEL: None, because I think the county manager has the rest of them. But I'll watch closely in case there's anything further. Thank you. CHAIRMAN HENNING: Thank you. County Manager Jim Mudd? MR. MUDD: Good morning, Mr. Chairman, Commissioners. Agenda changes for the Board of County Commissioners' meeting September 9th, 2003. Item 8(D), continued to the 23rd of September, 2003. That is a Petition CCSL 2001 5AR1922. Brett Moore of Humiston and Moore Engineering, representing the Vanderbilt Beach Motel, requesting a variance from the coastal construction setback line, or the CCSL, to allow construction of a multi-story residential building, a parking structure, two swimming pools with extensive paver decking, and a wooden boardwalk connecting to a handicap beach access ramp, all of which are located on property known as the Vanderbilt Beach Motel, with a street address of 9225 Gulfshore Drive North, in an area generally known as Vanderbilt Beach and more particularly Page 3 September 9, 2003 described as lot four, block A, Connors Vanderbilt Beach Estates, unit number one, located in Section 32, Township 48 south, Range 25 east, Collier County, Florida. And that continuance is at the Petitioner's request. Item 9(M), and that's replacement for the value adjustment board, and that's at Commissioner Fiala's request. And that's an add. Item 10(A), BCC acting -- in this particular item, BCC is acting as the community redevelopment agency. And that's just to give you a heads up to make sure that you know you'll be wearing a different hat during that item. Item 10(D), continued to September 23rd, 2003, BCC meeting. Consideration to support the Southwest Florida Resource and Conservation and Development Council's application for resource conservation and development program assistance, after hearing a presentation by a SWFR C&D representative. And that would be Mr. Wayne Daltry. And I talked to him this morning, he'll be here on the 23rd. That's at staff's request. Item No. 10(E), Olde Cypress landscape maintenance agreement now includes three exhibits. Exhibits were not transmitted with agenda item. The donation agreement for Tract O has been changed to include a new paragraph, No. 14, which clarifies that this agreement is not intended to create third-party beneficiaries to the agreement, and adds "all at the county's sole and absolute discretion" to paragraph one of the agreement. That's at staff's request. Also in the executive summary of 10(E), under considerations, item number three of the fifth paragraph should read: 3) The Ronto Group agrees to a monetary contribution to Olde Cypress for their cost to purchase and install an eight-foot wall for approximately 775 feet, vice the 500 feet that was mentioned before. So the 500 feet is crossed out and the 775 feet has been substituted for it. Moves us to the next item. Item 16(C)(3), the last sentence in the first paragraph under consideration should read, the resolutions Page 4 September 9, 2003 were set for a three-year period, beginning with fiscal year 2002-03 and ending with fiscal year 2004-05. And that's at staffs request. Just a scrivener's error on that thing. So basically the consideration is it's a three-year period of time. 2002-2003 is the first year, 2003-2004 is the second, 2004-2005 is the third year. Brings us to the next item, Item 16(C)(9), the sentence under recommendation should read that the Board of County Commissioners, ex facto the governing board of the Collier County Water Sewer District -- and there was a misspelling there. Instead of having "of', there was an "or" word. "Or" has been crossed out, "of' has been substituted. Brings us to the next item, Item 16(K)(7), continued to September 23rd, 2003 BCC meeting. That the Board of County Commissioners, as the governing board of Collier County, and as the ex officio governing board of the Isles of Capri Municipal Rescue and Fire Services taxing unit and the Ochopee Fire District, enter into an amended interlocal agreement with independent fire districts for the purpose of implementing the duties and obligations of the various dependent and independent fire districts with respect to fire plan review and fire code inspections for new construction, construction projects, and existing structures within the various districts. That's at staff and Commissioner Henning's request for that continuance. The next item, Item 17(A) and 17(B), and this is more of a notice. The approval of these two items are contingent upon the approval of Item 8(C). So when today you approve the consent and the summary objectives -- agendas, you basically say except for 17(A) and 17(B), which will be determined at the conclusion of Item 8(C). The next item, 17(J), requires a correction that is legally necessary to show all properties located within the metes and bounds Page 5 September 9, 2003 legal description. The preliminary assessment roll must include two additional properties: One owned by Collier County that represents a stormwater drainage easement, and the other owned by the State of Florida. Either property will receive a benefit or an assessment chart. The correction is required prior to recording said roll into the public records as the final roll. And that's at staff's request. Then a note. These are time certain items or items where we try to bracket where we had a lot of people that wanted to attend and speak so that we could at least get them locked in so that they didn't have to sit here all day long waiting on their item. So time certain items. Item 8(A) to be heard after 10:00 a.m. Item 8(B) to be heard after 10:00 a.m. Item 8(E) to be heard after 2:00 p.m. Items 8(H), 8(I), 8(J) 8(K), 8(L) to be heard after 3:00 p.m. Item 10(E) to be heard prior to Items 8(A) and 8(B), which are going to both be heard after 10:00 a.m. And last, Item 13(A), to be heard at 1:00 p.m. That's all I have, Mr. Chairman. CHAIRMAN HENNING: Commissioner Halas, do you have any changes to today's agenda or any ex parte communication under the summary agenda? COMMISSIONER HALAS: I do not have any changes to the agenda, but I do have ex parte. First one being 7(A), board of zoning appeals, and I have a file and I've had meetings and correspondence and also e-mail on that subject. 7(B) also, no disclosure on that one. 8(A), I've had meetings, correspondence and e-mail, and that's in regards to the parklands. 8(B), I've had disclosure -- I must-- have disclosures on meetings, correspondence and e-mail on that also. 8(D.), Vanderbilt Beach Motel, but that's been pulled off the agenda. 17(E), I've had meetings in regards to that item. Page 6 September 9, 2003 And on 17(F), no disclosures on that. And 17(G), no disclosures. That's it. CHAIRMAN HENNING: Thank you, Commissioner Halas. Commissioner Fiala, do you have any changes to today's agenda or ex parte communication on the summary agenda? COMMISSIONER FIALA: Yeah, I do, thank you. First of all, a change. I would like to request 17(A) to be continued until September 23rd. I've spoken with the petitioner's representative, he's in agreement, and I just ask that we can continue ~7(A). CHAIRMAN HENNING: Great. COMMISSIONER FIALA: Okay. And also ex page, that would have been one of them. 17(B)? Yes, I have a disclosure for 17(E). And I have no other disclosures, and everything that I do have is in my file here for public viewing. CHAIRMAN HENNING: Thank you, Commissioner Fiala. Commissioner Coletta? COMMISSIONER COLETTA: Yes, the only thing I -- as far as the agenda goes, I wanted to thank Commissioner Fiala for taking the initiative for pulling 16(K)(8) for the value adjustment board and moving it to the regular agenda. I was planning to do it also, for obvious reasons, as you'll see later. As far as any ex parte communications or disclosures, I have everything in my file here that has to do with the summary agenda, and it's available for anyone who wants to see it. CHAIRMAN HENNING: Thank you, Commissioner Coletta. Commissioner Coyle? COMMISSIONER COYLE: With respect to the summary agenda, I have two disclosures for 17(A) and 17(E). In both cases I spoke with Mr. Rich Yovanovich, the representative of the Page 7 September 9, 2003 Petitioners, and we discussed their intentions with respect to the property. I also would like to pull Item 16(B)(2) only for a very, very brief discussion and a potential modification. So it should not be a lengthy process. CHAIRMAN HENNING: Okay. You have that -- MR. MUDD: That would be Item 10(I). 16(B)(2) would be -- COMMISSIONER COYLE: B -- Bravo 2. MR. MUDD: Bravo 2 will be 10 India. CHAIRMAN HENNING: Okay. Myself, I have no changes to today's agenda. I do have ex parte communication on Item 17(E). Two years ago working with the Lakeside residents and the petitioner's planner in the Greek church, to try to find interconnection, it had to -- I had to do a lot with that PUD. That's the only ex parte that I had. Do we have any public speakers on today's agenda? (No response.) CHAIRMAN HENNING: Do we have any public speakers on today's agenda? MS. FILSON: On the summary agenda, no, sir. CHAIRMAN HENNING: Any changes? MS. FILSON: No, sir. CHAIRMAN HENNING: Mr. Weigel, is there anything further? MR. WEIGEL: No, nothing further, thank you. CHAIRMAN HENNING: Okay. Entertain a motion to accept today's agenda as amended. COMMISSIONER COLETTA: So moved. COMMISSIONER COYLE: So moved. CHAIRMAN HENNING: Motion by Commissioner Coletta, I believe, seconded by Commissioner Coyle. All in favor of the motion, signify by saying aye. Page 8 September 9, 2003 COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: Yes, please. Any opposed? Motion carries, 5-0. COMMISSIONER FIALA: I just wanted to a apologize to you and my fellow commissioners, my new used car wouldn't start this morning and they had to come over and pick me up. So I'm sorry that I arrived after the prayer and pledge. CHAIRMAN HENNING: Apology not needed. Page 9 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING September 9, 2003 Item 8D - Continue to September 23, 2003 BCC meeting: Petition CCSL-2001-5AR- 1922, Brett Moore of Humiston and Moore Engineering, representing the Vanderbilt Beach Motel; requesting a variance from the Coastal Construction Setback Line (CCSL) to allow construction of a multi-story residential building, a parking structure, two swimming pools with extensive paver decking, and a wooden boardwalk connecting to a handicapped beach access ramp all of which are located on property known as the Vanderbilt Beach Motel with a street address of 9225 Gulfshore Drive North in an area generally known as Vanderbilt Beach and more particularly described as Lot 4, Block A, Conners Vanderbilt Beach Estates Unit No. 1, located in Section 32, Township 48 south Range 25 east, Collier County, Florida. (Petitioner request.) Item 9M - Replacement for the Value Adjustment Board. (Commissioner Fiala request.) Item 10A- BCC acting as the CRA (Community Redevelopment Agency) Item 10D: Continue to September 23, 2003 BCC meeting: Consideration to support the Southwest Florida Resource and Conservation and Development ( SWFRC&D) Council's Application for Resource Conservation and Development Program Assistance after hearing a presentation by a SWFRC&D Representative. (Staff request.) Item 10E - Olde Cypress Landscape Maintenance Agreement now includes three exhibits. (Exhibits were not transmitted with agenda item). The Donation Agreement for Tract O has been changed to include a new paragraph "14" which clarifies that this agreement is not intended to create third party beneficiaries to the agreement and adds "all at the County"s sole and absolute discretion" to Paragraph 1 of the agreement. (Staff request.) Also, in the executive summary of Item 10E under CONSIDERATIONS, item #3 of the fifth paragraph should read: 3) The Ronto Group agrees to a monetary contribution to Old Cypress for their cost to purchase and install an eight foot wall for approximately 775 feet (500 fcc*.) .... Item 16C3 - The last sentence in the first paragraph under CONSIDERATIONS should read: The resolutions were set for a three year period beginning with fiscal year 2002~03 and ending (eem~) with fiscal year 2004~05 (2005!05). (Staff request.) Item 16C9 - The sentence under RECOMMENDATIONS should read: That the Board of County Commissioners, Ex-Officio the Governing Board of (e~) the Collier County Water-Sewer District award .... (Staff request.) Item 16K7: Continue to September 23, 2003 BCC meeting: That the Board of County Commissioners, as the Governing Body of Collier County and as Ex- Officio Governing Board of the Isles of Capri Municipal Rescue and Fire Services Taxing District and the Ochopee Fire District enter into amended interlocal agreements with independent fire districts for the purpose of implementing the duties and obligations of the various dependent and independent fire districts with respect to fire plan review and fire code inspections for new construction, construction projects and existing structures within the various districts. (Staff and Commissioner Henning request.) Items 17A and 17B - The approval of these two items are contingent upon the approval of Item 8C. Item 17-J requires a correction that is legally necessary to show all properties located within the metes and bounds legal description. The preliminary assessment roll must include two additional properties - one owned by Collier County that represents a stormwater drainage easement, and the other owned by the State of Florida. Neither property will receive a benefit or an assessment charge. This correction is required prior to recording said roll into the public records as the final roll. (Staff request.) Time Certain Items: Item 8A to be heard after 10:00 a.m. Item 8B to be heard after 10:00 a.m. Item 8E to be heard after 2:00 p.m. Items 8H, 81, 8J, 8K, 8L to be heard after 3:00 p.m. Item 10E to be heard prior to items 8A and 8B Item 13A to be heard at 1:00 p.m. September 9, 2003 Item #3 SERVICE AWARD: 20-YEAR TO JOANNE SOPRANO OF THE I.IBRARY - NOT PRESENT Go right into service awards. Mr. Mudd? MR. MUDD: Service awards, we have one 20-year attendee award for Joanne Soprano from the library. MS. FILSON: I received a message that she's ill and won't attend. I believe I put a note in the Chairman's- Item #4A PROCLAMATION TO DESIGNATE SEPTEMBER 22, 2003 AS FAMII.Y DAY - ADOPTED CHAIRMAN HENNING: Next would be proclamations. The first one to be read by Commissioner Coletta. This proclamation to designate September 22nd, '03 as Family Day. Commissioner Coletta? COMMISSIONER COLETTA: Thank you, Chairman Henning. WHEREAS, "Family Day -- A Day To Eat With Your Children" is a national effort to promote parental engagement as a simple, effective way to reduce substance abuse by children and teens and raise healthier children. Family Day emphasizes the importance of regular family activities in parent/child communications and encourages Americans to make family dinner a regular feature on their lives; and, WHEREAS, in 2001, the National Center on Addiction and Substance Abuse, CASA, at Columbia University launched Family Day as an annual event which takes place on the fourth Monday of each September, and on the 22nd in 2003; and, Page 10 September 9, 2003 WHEREAS, since 1996, CASA research has consistently shown that the more often a child eats dinner with his family, the less likely that child is to smoke, drink or use illicit drugs; and, WHEREAS, CASA's 1998 teen survey found that teens that eat dinner with their parents twice a week or less were four times more likely to smoke cigarettes, three times more likely to smoke marijuana, and nearly twice as likely to drink as those that ate dinner with their parents six or seven times a week; and, WHEREAS, CASA's 1999 teen survey found that teens from families that almost never eat dinner together were 72 percent likelier than the average teen to use illegal drugs, cigarettes and alcohol, while those from families that almost always eat dinner together were 31 percent likely (sic) than the average teen to engage in these activities; and, WHEREAS, research by other organizations has shown that teens who eat frequent family dinners are less likely than other teens to have sex at young ages, get into fights, or be suspended from school, and are at lower risk for thought of suicide. Frequent family dinner-- dining is also correlated with doing well in school and developing healthy eating habits. The pattern holds true regardless of teen sex, family structure and family socioeconomic level; and, WHEREAS, in 2002, President Bush and the governor (sic) of 35 states, including Washington, D.C., issued proclamations declaring September 23rd as Family Day. Coca-Cola was the first national corporate sponsor. New national sponsors this year include the AFL-CIO, National PTA, Publix Supermarket, U.S. Department of Health and Human Services Administration for Children and Families, and U.S. Department of Justice's Drug Enforcement Administration. Numerous state, local and community groups helped with Family Day 2002; and, WHEREAS, in 2001, President Bush and 35 governors proclaimed the fourth Monday in September as Family Day. Page 11 September 9, 2003 Numerous national organizations endorsed and promoted Family Day, including the Community Anti-Drug Coalition of America, KidsPeace, the National Family Partnership, and the Partnership for a Drug-Free America. Family Day received a tremendous amount of grass roots support from the state and local groups across the country; and, WHEREAS, CASA is again working with the White House, governors, mayors and above agencies and organizations, the (sic) new ones to promote Family Day as September 22nd, 2003. For the second year, Coca-Cola Company is a sponsor. Bus and subway posters will advertise Family Day in nine metropolitan areas. National Amusements has agreed to place a Family Day slide in 1,000 movie screens in 22 states, running for a period of six weeks. NOW, THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that September 22nd, 2003 be designated as Family Day. DONE AND ORDERED THIS the 9th day of September, 2003. Tom Henning, Chairman. And I move for approval, sir. COMMISSIONER FIALA: Second that. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Coletta, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. Page 12 September 9, 2003 Item #4B PROCLAMATION TO BR1NG AWARENESS TO THE LEUKEMIA & LYMPHOMA SOCIETY BY DESIGNATING THE MONTH OF SEPTEMBER 2003, AS LEUKEMIA AND LYMPHOMA AWARENESS MONTH. ACCEPTED BY NANCY B. FESSENDEN, PH.D., PATIENT SERVICES MANAGER- ADOPTED Next proclamation will be presented by Commissioner Fiala. This proclamation is to bring awareness to the Leukemia and Lymphoma Society by designating the month of September, '03 as Leukemia and Lymphoma Awareness Month. To accept this is Dr. Nancy Fessenden. Doctor? COMMISSIONER FIALA: This is -- this really hits home, because my daughter-in-law had Hodgkin's lymphoma. So -- and she's in remission now, so this is especially important for me to read this, and I thank you for this privilege. WHEREAS, blood-related cancers currently afflict more than 670,950 Americans, with an estimated 106,000 new cases diagnosed each year; and, WHEREAS, leukemia, lymphoma, myeloma will kill an estimated 58,300 people in the United States this year; and, WHEREAS, the Leukemia and Lymphoma Society, through voluntary contributions, is dedicated to finding cures for these diseases through research efforts and the support of those that suffer from them; and, WHEREAS, the Leukemia and Lymphoma Society maintains offices in Bonita Springs and Tampa to support patients with this diseases and their family members in Florida; and, Page 13 September 9, 2003 WHEREAS, the State of Florida is similarly committed to the eradication of these diseases and supports the treatment of its citizens that suffer from them. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, we join with the Leukemia and Lymphoma Society in designating the month of September, 2003 as Leukemia and Lymphoma Awareness Month, to enhance the understanding of blood-related cancers and to encourage participation in voluntary activities to support education programs and the funding of research programs to find a cure for them. DONE AND ORDERED THIS 9th day of September, 2003. Tom Henning, Chairman, of the Board of County Commissioners. Motion to approve. COMMISSIONER COYLE: Second. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Coyle. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENN1NG: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. Thank you. If you'd like to say a few words, please feel welcome to. MS. FESSENDEN: The Leukemia and Lymphoma Society is dedicated to funding blood cancer research and also to provide education and services to patients and their family members. By issuing this proclamation, Collier County leaders have acknowledged that blood cancer patients are local and do need our services. Page 14 September 9, 2003 You have also helped us bring focus to the need for funding and finding a cure for blood cancers, and we have also hopefully encouraged local citizens to participate in our general public fundraising activities. At the Society we are relentless for a cure, and I thank you very much. CHAIRMAN HENNING: Thank you. Item #4C PROCLAMATION TO DESIGNATE SEPTEMBER 15TM THROUGH SEPTEMBER 19, 2003 AS INDUSTRY APPRECIATION WEEK. ACCEPTED BY TAMMIE NEMECEK, EXECUTIVE DIRECTOR OF THE ECONOMIC DEVELOPMENT COUNCIL AND FRED PEZESHKAN, CHAIRMAN OF THE FJCONOMIC DEVEIJOPMENT COl INCII~- ADOPTED Next proclamation will be presented by Commissioner Halas. This proclamation is to designate September 15th through the 19th of this year as Industry Appreciation Week. Here to accept this proclamation is the Director of the Economic Development Council and the Chairman of the Economic Development Council. COMMISSIONER HALAS: Yes. Fred Pezeshkan and Tammie Nemecek. It gives me honor to read this proclamation because of the fact that as a Commissioner here in Collier County I sit on the committee with the EDC. WHEREAS, the industry of Collier County is vital to the community's economic health; and, WHEREAS, Collier County's existing industries are the key to a prosperous future; and, WHEREAS, the expansion of these industries account for the Page 15 September 9, 2003 majority of new jobs created; and, WHEREAS, Collier County industries help sustain our quality of life, exemplifies high standards of excellence and positive, responsible approach to economic diversification and community enhancement; and, WHEREAS, public knowledge of the contributions made by the industry is essential in the maintenance of good community industry relationship. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the week of September 15th through the 19th, 2003 be designated as Industry Appreciation Week, and urge all residents to salute our industries and their employees for their contributions to our community. DONE AND ORDERED THIS 9th day of September, 2003, Board of Collier County Commissioners, Collier County, Florida. Tom Henning, Chair. Is there a motion? COMMISSIONER FIALA: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Is there a second? There's a motion by Commissioner Fiala, second by Commissioner Coyle. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENN1NG: Opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. MR. PEZESHKAN: If I may quickly, I want to thank the Commissioners for designating the week of September 15th as Page 16 September 9, 2003 Industry Appreciation Week. I want to report to you that the private-public partnership between the EDC and the County Commissioners is working very well in creating high-wage jobs. I want to make the announcement that on September 16th, we have our luncheon for-- at Ritz-Carlton to recognize 10 of our companies in Collier County for the week of the Industry Appreciation. It will be at 11:30 at September 16th, and you're all welcome to attend. Thank you very much. CHAIRMAN HENNING: Thank you. Ms. Nemecek? MS. NEMECEK: Again, thank you very much for the Board of County Commissioners' recognition of Industry Appreciation Week for September 15th through 19th. This is the 20th year for industry appreciation in the State of Florida, and recognized by Governor Jeb Bush and locally here by the Board of County Commissioners. So we salute you and the industry here in Collier County, and especially the employees that make the companies work. Thank you very much. CHAIRMAN HENNING: Thank you, Tammie. I want to thank you for all your efforts in the community as your position of Director of the EDC, and especially as we understand how hard it is for to you get around these days. And we look forward to the relief that you're going to have in just a few days. And I would like to know the outcome of it. MS. NEMECEK: I will definitely give you the update. CHAIRMAN HENNING: Thank you. MS. NEMECEK: Thank you. Item #4D PROCLAMATION RECOGNIZING DR. CHARLES A. STOKES FOR HIS OUTSTANDING SPIRIT OF CIVIC MINDEDNESS Page 17 September 9, 2003 AND HIS CONTRIBUTIONS TO THE COMMUNITY- ADOPTED CHAIRMAN HENNING: Next proclamation I have the honor of presenting in recognizing Dr. Charles Stokes for his outstanding spirit in civic mindedness and his contributions to our community of Collier County. And I understand Dr. Stokes's family is here. If you would come forward, please. WHEREAS, Collier County resident Dr. Charles A. (Andy) Stokes has devoted his countless hours of his time to betterment of county process; and, WHEREAS, this proclamation is presented to Dr. Stokes's outstanding progress and accomplishments in the field of environmental management, including public participation in the solid waste management issues; and, WHEREAS, Dr. Stokes is the recipient of the proclamation in recognition of his public participation and input, professional qualities, vision and tireless efforts on behalf of Collier County; and, WHEREAS, Dr. Stokes has willingly shared his vast knowledge and expertise in the field of environmental science with Collier County government, and has fulfilled his civic duties by his participation in the public input process. NOW FOR (sic), be it proclaimed by the Board of Commissioners of Collier County, Florida that Dr. Stokes, Dr. Charles Andy Stokes, is applauded for his outstanding spirit of civic mindedness and his contribution of community. Commissioners, it's an honor for me to make the motion to move this proclamation. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Motion by Commissioner Henning, second by Commissioner Coyle. All in favor of the motion, signify by saying aye. Page 18 September 9, 2003 COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. If you could just give us a few words, and we want to get a picture. MR. STOKES: Well, it's nice to be here in the Collier County Commissioner room. I happen to be a county commissioner in Adams County, Pennsylvania, a veteran of 13 years. CHAIRMAN HENNING: God bless you. MR. STOKES: And Dr. Stokes, his father, Harry Stokes, my namesake, was a commissioner in Lake County, Florida for 29 years. The Stokes's are native Floridians and worked hard to pioneer Florida back in the 19th Century. Jeff Stokes is dad's oldest son, I'm the middle son, and there's a younger son. I just wanted to, on behalf of the whole family, say thank you very much. Dad loved Collier County, really believed in Collier County, had been coming here as early as the late 1920's. His brother, Dick Stokes, was the head ranger stationed at the Everglades here for many years; was responsible for saving the alligator, an inconceivable concept at this point. Dr. Stokes really loved county governance, loved what you do, respected all of you, and believed that the best decisions could always be made through a rational process with the application of the proper knowledge and technology. Good luck in all that you do, and thank you for remembering Dr. Stokes. CHAIRMAN HENNING: Thank you. Page 19 September 9, 2003 Item #5A RECOMMENDATION TO RECOGNIZE PAMELA WILSON, ADMINISTRATIVE ASSISTANT, TRAFFICS AND ATM DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR Al IGI IST 2003 - RF, COGNIZFD Commissioners, each month the Chairman gets the honor of recognize (sic) the outstanding Employee of the Month. And today, without exception, we do have a true dedicated employee, and that is Pam Wilson. If Pam would come up, I would like to acknowledge her with a few words and give her a plaque and a small token of our appreciation. Pam Wilson has displayed a significant accomplishment beyond the normal working responsibilities. When the transportation operation department took over the insurance (sic) and commercial right-of-way permits, Pam was trained to prepare permits in a permit data and interface with community development and environmental services staff, which is -- was still issuing residential right-of-way permits. Within six months, the transportation operations assumed the full responsibility and insurance (sic) of all commercial right-of-way and residential right-of-way permits and inspection. Pam was then trained to issue the residential right-of-way permits. During this time, the right-of-way permits and inspection section was created and once was staffed, Pam trained the administrative assistant in all aspects of preparing these permits. Pam continued to perform the major (sic) of her assignment (sic) position duties during this transition of permitting coming from community development and transportation operations until the recent (sic). When transportation services reorganized, Pam Page 20 September 9, 2003 continued to assist the right-of-way inspection permits and inspection section of (sic) the daily basis and exemplary customer service with excellency (sic). Pam has been working with risk management department staff to establish a method of reimbursement for damage of public facilities such as traffic lights and highway lighting poles as a result of traffic accidents. To date, approximately $20,000 has been recovered because of Pam's due diligence in government funding. Pam, I -- as Chairman, I want to give you this plaque as Employee of the Month for August, 2003. Also with a small token of our appreciation for your dedication as a public employee of Collier County, and also just a few words from myself. So thank you very much. Thank you. Great employee. MR. MUDD: Yes, sir. Item #2B, Item #2C MINUTES OF JULY 29, 2003 REGULAR MEETING; MINUTES OF JULY 31, 2003 VALUE ADJUSTMENT BOARD ORGANIZATIONAI~ MF, F, TING- APPROVF, D AS PRF, SF, NTFD Commissioner, before we turn the page, I think you need to get some kind of motion on 2(B) and 2(C). CHAIRMAN HENNING: 2(B) and 2(C)? MR. MUDD: Yes, sir. CHAIRMAN HENNING: Oh, okay. My cheat sheet was reorganized. MR. MUDD: Yes, sir. CHAIRMAN HENNING: Entertain a motion to accept the July 22nd, '03 regular minutes and July 31 st, '03 value adjustment board organizational meeting. Page 21 September 9, 2003 COMMISSIONER COLETTA: So moved. COMMISSIONER COYLE: So moved. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Commissioner Coyle made a motion, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENN1NG: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENN1NG: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #6A PUBLIC PETITION REQUEST BY MR. ADAM MACKEY REGARDING PROPOSED TRAFFIC LIGHT AT THE REGENT PARK ENTRANCE ON IMMOKAI~F, FJ ROAD - DISCI JSSF, D Okay. Page 2, public petitions. We have a petition by Mr. Adam Mackey regarding proposed traffic light at the Regent Park entrance on Immokalee Road. Mr. Mackey? MR. MACKEY: I'm Adam Mackey, President of Regent Park Master Association. I want to thank Manager Mudd's office for arranging this schedule and I want to thank the Commissioners for letting me address you. To locate us, I'd like you to assume that you -- or I imagine you're in a car, we're driving Immokalee Road, we're going Page 22 September 9, 2003 eastbound toward 75, we're about a mile past Airport-Pulling Road and Sam's. We've just passed Circle K gas station, and right next to that, Regent Park. If you look at this plot plan -- incidentally, the notations that are very obvious that I have made -- added to this filed plan are to help explain what I'm about today and what our problem is. Looking to the left of the plot plan, you'll see that we have a main entrance from Immokalee Road into Regent Park, and one circular road running through the entire length of the park. This was a U.S. Homes plan that was developed in 1985, presented as a PUD, approved as such, and really was ahead of its time. It really is an excellent plan for these reasons: There's no gatehouse house, traffic is permitted to go through in two other entrance/exits on this plot plan. Great plan. Doesn't interfere with traffic, it allows traffic to go through, it doesn't block it off. Something happened on the way to the forum. If you'll go around from the north side, on the left of your plan, and follow around that circular road, you'll see an exit on the back into Four Seasons. That still exists. Then you'll come around full circle and at the top of the plan, toward the left, you'll see another marvelous exit. And I have made a notation; the only thing wrong with this exit is it doesn't exist. This exit, had it existed, and with the good planning that was envisioned, would allow -- would not necessitate my even addressing you today, because it would allow us a way out into Quail Woods to access Immokalee Road, both east and west where the new bridge is being built. If necessity is the mother of invention, greed is the father of exploitation. Somehow or other this got exploited out. I dare say, I assume, somewhere along the line, a County Commission allowed this to happen. The greed? Well, two houses got built where that exit to the east no longer exists. It never did exist, it never got built. All Page 23 September 9, 2003 eastbound toward 75, we're about a mile past Airport-Pulling Road and Sam's. We've just passed Circle K gas station, and right next to that, Regent Park. If you look at this plot plan -- incidentally, the notations that are very obvious that I have made -- added to this filed plan are to help explain what I'm about today and what our problem is. Looking to the left of the plot plan, you'll see that we have a main entrance from Immokalee Road into Regent Park, and one circular road running through the entire length of the park. This was a U.S. Homes plan that was developed in 1985, presented as a PUD, approved as such, and really was ahead of its time. It really is an excellent plan for these reasons: There's no gatehouse house, traffic is permitted to go through in two other entrance/exits on this plot plan. Great plan. Doesn't interfere with traffic, it allows traffic to go through, it doesn't block it off. Something happened on the way to the forum. If you'll go around from the north side, on the left of your plan, and follow around that circular road, you'll see an exit on the back into Four Seasons. That still exists. Then you'll come around full circle and at the top of the plan, toward the left, you'll see another marvelous exit. And I have made a notation; the only thing wrong with this exit is it doesn't exist. This exit, had it existed, and with the good planning that was envisioned, would allow -- would not necessitate my even addressing you today, because it would allow us a way out into Quail Woods to access Immokalee Road, both east and west where the new bridge is being built. If necessity is the mother of invention, greed is the father of exploitation. Somehow or other this got exploited out. I dare say, I assume, somewhere along the line, a County Commission allowed this to happen. The greed? Well, two houses got built where that exit to the east no longer exists. It never did exist, it never got built. All Page 23 September 9, 2003 of the development in the lots two, three, one are all fully enclosed, block five is fully developed. We now have 294 residences, approximately 800 family members living in Regent Park. Why am I here? The six-laning of Immokalee Road is so detrimental to our community as to raise serious issues of danger, endangerment to life and loss of property values that will be mentioned later. Why is this so? Well, when the transportation department originally developed its first plan -- and we've been at this for almost two years now with them -- there was to be a new bridge built to the north side of Regent Park's entrance/exit with the traffic lights there. In the course of development, the bridge disappeared, the traffic lights disappeared, and what we wound up with is a bridge approximately 700 feet to our east that is towards 1-75 on the north side of Immokalee Road, and a series of traffic lights going in of course to control the traffic from that bridge. That bridge crosses the canal and feeds into Piper Boulevard. It then, as you go south, it crosses the canal and feeds into Immokalee Road. It also feeds into Quail Woods, which is a development -- a more recent development. I might mention that Quail Woods has approximately 70 houses in it, if I counted correctly at last count. Regent Park has 294 houses. The problem we run into is when they build that bridge -- it's being built now -- and they put the lights in, we have exactly 700 feet. We will no longer be permitted to make a left mm, we understand that. It is dangerous at best. But that would be eliminated. The only way we can go east or west from our main entrance is by turning right, crossing three lanes of traffic -- as you know, you're right on 41, which you do, speed of 50, 55 miles an hour is pretty standard. We have 700 feet in which to cross three lanes of speeding traffic to get into the left-hand lane in order to make a turn to go west toward Airport-Pulling Road or toward 41. That is the way most of our traffic takes place. Page 24 September 9, 2003 Incidentally, Commissioner Halas was kind enough on our request to visit our site and travel this route that I just outlined to you, can verify that that exit that I'm speaking of no longer exists. There are two houses there now. The plan that was an excellent plan is not so excellent anymore. And we are left with the opportunity of exiting our main entrance, which is two lanes in each direction with a center divider, and the only way we can get out is to turn right, dare us to cross 700 -- within 700 feet to cross three lanes of traffic on Immokalee Road in order to make a left turn. My purpose in being here today is to request this Commission to instruct the transportation department to establish an eastbound traffic light at our entrance/exit. It could be done one of two ways. Commissioner Halas, if I may quote you, said, traveled it, tried to get into the traffic -- this was off season at business hour-- and we had great difficulty cutting into the traffic. I'll show you photographs of what happens in high season on that road right now, and we can only anticipate a greater amount of traffic because of the three-laning. We're not fighting the three-laning, even though it takes away our front property, puts the county road and paths within five feet of 1,560 trees at the front of our property. We accept that as a growth factor. What we do not accept is exposing us to the perils that this plan that the transportation department presents to us. And we have been over this many times, we've also met with the county advisory board on this, and we are at our wits' end. This is our last opportunity. You are our last hope to straighten out a serious, serious problem. I have just very briefly mentioned to you an alternate plan, which is really the traffic light. But I want to show you -- in my diagram, it's not to scale -- what will happen when this road is completed. CHAIRMAN HENNING: Mr. Mackey, your time is running out. Thanks for giving that-- Page 25 September 9, 2003 MR. MACKEY: I thought I had 10 minutes. Do I not have 10 minutes? CHAIRMAN HENNING: Yeah, I think you do. MS. FILSON: He has another minute or two. MR. MACKEY: The plan I've presented that you're looking at, it shows you what the condition will be when the six-laning is completed, and what we are faced with when trying to get out of Regent Park. I'm also going to ask Nancy (sic) to distribute a set of photographs, actual photos taken in high season, showing the actual condition at our entrance during 4:30 to 5:30, done over a period of one week. They are all separate photographs taken at that time. They are not duplicates. You can just look at them and pass them on one to the other, if you will, please. And then I'd like to read-- in order to cut it short -- I'd like to read to you my letter dated June 3rd, 2003, to Norman Feder of the transportation department, if I may, and then I will have concluded. In 1985, when Collier County approved the PUD for the development of Regent Park, our main roadway, Regent Circle, was designated a county road, providing residents with direct, safe, east-west access to Immokalee Road. However, the scheduled six-laning plan, as drawn by the Collier County transportation division, will negate this safe access for the 294 homes -- families living in Regent Park. The plan configuration has a traffic light 700 feet to the east of Regent Circle at the entrance to Quail Woods development of 70 homes. Members of our board of directors have repeatedly voiced our concerns because of the short distance we will have to cross the three lanes of traffic. Why is your present plan flawed and dangerous for Regent Park residents? The enclosed photos taken at different times during rush hours -- those are those you're looking at now, they're all separate photos -- taken during high season show how Regent Park's only Page 26 September 9, 2003 direct access to Immokalee Road becomes completely blocked when the nearest existing traffic light one quarter of a mile east of our entrance at Livingston Road turns red. That traffic back up there is the light turned red at Livingston Road a quarter of a mile away, and that's what it does to our traffic. The new traffic light will only be 700 feet, give or take, east of us. So the problem will be compounded. The traffic will back up, block our entrance completely, and that's what we're left with. Commissioner Halas has visited our site, traveled the route with me, and will verify what I am saying. We tried to get into the traffic, it wasn't even high season, and we had great difficulty. CHAIRMAN HENNING: Mr. Mackey -- MR. MACKEY: There is a simple solution that will not increase cost but will eliminate a very dangerous situation -- CHAIRMAN HENNING: Mr. Mackey, I ask you to wrap it up. MR. MACKEY: -- relocate the traffic light planned for the entrance to Quail Woods to the entrance for Regent Park, controlling traffic going east and coordinating the new traffic light planned for Lakeland Avenue controlling traffic going west. This will afford safe access to Immokalee Road for the residents of both Quail Woods and Regent Park. Your present plan not only endangers lives, but will cause a drop in the market value of 294 homes of up to 10 percent, a total property loss potential of over $6 million. CHAIRMAN HENN1NG: Mr. Mackey, I have to ask you to wrap it up. MR. MACKEY: Thank you. I'll just ask that these be distributed. CHAIRMAN HENNING: Thank you. Any questions by the board members for Mr. Mackey? COMMISSIONER HALAS: Yes, I'd like to get some clarification by the transportation department, if they could give us an insight. I realize the residents out here are very, very upset. I Page 27 September 9, 2003 believe they have a back entrance that leads out onto Airport Road; is that correct, Mr. Mackey? MR. MACKEY: That is correct. And if you look at that plot plan, you'll see I've dotted in what we would have to do to get out to either Airport Road or to get out to Immokalee Road. It is circuitous at best. It takes us through another development, which we don't object to but I think they will have objection to. COMMISSIONER HALAS: This is a very difficult situation, and I know that staff has spent numerous hours on this thing, trying to figure out the best way. My con -- I have a real strong concern for the residents there in regards to the point that you brought out, and that's making a right-hand turn and trying to get all the way over in the 700 feet to make a turn to head in the westerly direction. And I'm hoping that the traffic -- transportation department here can give us some insight into this, if they would, please. MR. MACKEY: Mr. Halas, I've written to the Naples Daily News at one point. I call this a killer situation. There will be blood on someone's hands when this thing is done, I tell you that. You cannot get people of all ages in our group, five, 600 cars going in and out every day, get across that with (sic) someone being seriously injured or worse yet, killed. CHAIRMAN HENNING: Any other questions for Mr. Mackey? COMMISSIONER FIALA: Yes, one other question. Is that entrance gated? MR. MACKEY: It is a non-gated entrance. That was the beauty of the plan, you could come in, you'd get through, and there were two other exits. Unfortunately, somehow or other it slipped past the commission and that exit on the east side got knocked out and the builder, U.S. Homes, was able to build two houses. COMMISSIONER HALAS: One last question. MR. MACKEY: Sir? Page 28 September 9, 2003 COMMISSIONER HALAS: Would it be poss -- is it possible for your Homeowners Association to see if they could buy those two homes and then proceed with an exit so that you have another way of getting out of your community? MR. MACKEY: At best we're middle class people. I think my term of office would end if I asked them for $500,000 to buy that exit, Mr. Halas. COMMISSIONER HALAS: I'm just looking at the whole -- MR. MACKEY: Yes, marvelous solution. The transportation department developed that, too. And had the original Commissioner looked ahead, saw the necessity of that, that exit could never have been eliminated. So I think the present commissioners owe us one. CHAIRMAN HENNING: Mr. Mackey, then I need to ask you, what date was the PUD amended and what state -- MR. MACKEY: The date I have on this -- CHAIRMAN HENNING: Can I finish my question? MR. MACKEY: I never found the amended one. CHAIRMAN HENNING: Can I finish my question? MR. MACKEY: Sir, I'm sorry. CHAIRMAN HENNING: Was it at a time that the community was under developed-- under development? MR. MACKEY: Under development, yes, sir. CHAIRMAN HENNING: Okay, so there were public speakers that had the opportunity to give input at that time. MR. MACKEY: I do not know. I do not know. I do not know. It started in 1985. The plan was approved in 1985, so I would assume that construction started 1986. The full head of steam was in 1987, completed approximately 1998, 1989 -- 1999, I should say. CHAIRMAN HENNING: Thank you. I don't see any further questions for you. If you would move to the side, we do have some questions for our staff. MR. MACKEY: Thank you very much. Page 29 September 9, 2003 CHAIRMAN HENNING: Thank you. MR. FEDER: Mr. Chairman, Commissioners, Norman Feder for the record. First of all, what I can tell you is we can't speak to the access point to Quail Woods. What we can tell you is we've worked with Mr. Mackey throughout the design of the six-laning on Immokalee Road. The evaluation of that project and those issues is something we've taken very seriously. First of all, the reason that the bridge -- or the new bridge is being located at Lakeland is -- rather than at Euclid is that at Lakeland where we previously had a bridge, we access all of Willoughby Acres, Palm River and the like. And so the placement of the bridge was for overall circulation within the county. Also, we were trying to look at reasonable placement relative to Airport and Livingston Road. That's why initially we had looked at across from Regent's, as well as the old Euclid. So the placement of the bridge is very specifically by traffic needs and to service even a broader population needs. We have tried to address some of the issues. Of course Curling is open to the community, not as direct a route but an open route. They do have the opportunity to try to move over to the left mm, but they could also, if they're uncomfortable or the traffic won't warrant that at that time, go a little bit further and make that U-tum at Livingston Road. So there is that opportunity and not the necessity to immediately try to get all the way over the three lanes to make the left mm. There are some, and I won't advocate this, who'll say they can stay in the right-hand lane and turn around in Quail Woods' opening, where they said they can come out to a signal which would be across from Lakeland bridge anyway. So there are options. We don't minimize it. The pictures that you saw are real. There's a lot of traffic out there today. Obviously if Page 30 September 9, 2003 you extend the lanes, the backup won't be as long. But what we have done is we put up Do Not Block Intersection signs, much like we did south of Pine Ridge on Goodlette-Frank Road for the community so that we make sure that that opening is open to them when they go to take their turn when there's a signal in operation. So we're trying to do what we can. We do not meet warrants. We'd be happy to discuss anything else you would like to. I have Greg Strakaluse or Bob Tipton, traffic office engineer. But I do want you to know that we've taken the issues seriously, but we're not in a position -- we do not meet warrants with overall progression and with an issue that we face all throughout the county to put a signal or to respond further than we've done already. COMMISSIONER HALAS: I would like the transportation department to monitor this situation very closely -- MR. FEDER: We will. COMMISSIONER HALAS: -- and get close to the completion of Immokalee Road here, the six-laning. And I really think that we need to keep our eye on this. And before -- just so that we take care of the welfare of those citizens that live in that community. MR. FEDER: That's a major concern, yes, sir. COMMISSIONER HALAS: And I ask that this be taken seriously and that we address this issue as more traffic gets involved in this, because I'm very concerned for the residents in that community. MR. FEDER: And please be assured, Commissioner, we take every one of these issues very seriously. CHAIRMAN HENNING: I concur with Commissioner Halas's concerns. MR. FEDER: Thank you. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: Any further discussion? Okay. Page 31 September 9, 2003 MR. MACKEY: Commissioner, might I respond to the transportation part? CHAIRMAN HENNING: No, sir. We have a time certain at 10:00, or no later than 10:007 MR. MUDD: No, it's after 10:00, Commissioner. And I figured that you'd get through 7(A) and 7(B) before we handled that item, but we'd get it finished before lunch. CHAIRMAN HENNING: You want to go to 7(A) and 7(B)? MR. MUDD: Yes, sir. Item #7A PETITION VA-2002-AR-2525 ROBERT DAVY AND MARK ALLEN, REPRESENTING LITTLE HICKORY SHORES UNIT 3 RE-PLAT PROPERTY OWNERS, REQUESTING A 15FOOT VARIANCE FROM THE REQUIRED BOATHOUSE SIDE YARD SETBACKS 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 - DF, NIF, D CHAIRMAN HENNING: Okay. Anybody have a problem with that? 7(A) is the continuation of the July 22nd, BCC meeting. This item is -- requests all parties to be sworn in by the court reporter, and for the Commissioners to give any ex parte communication. This is the variance of 2002-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 -- for the required boathouse side yard setbacks of 15 feet to zero, and a 30-foot variance from the 20-foot minimum protrusion of the Page 32 September 9, 2003 boathouse and the maximum of 50 feet for the property located on Hickory Shores subdivision. And lots 1 through 20 and 22, Block G, lots through -- 3 through 9 and 10, Block H, Section 5, Township 48, Range 25 east, of Collier County. Any participants wishing to -- any people here wishing to participate in this exercise, please rise and the court reporter will swear you in. (All parties were duly sworn.) CHAIRMAN HENNING: Commissioner Coletta, do you have any ex parte communication in this matter? COMMISSIONER COLETTA: Yes, I do. I met with Tony Pires and also with Rich Yovanovich on 7/28 and 9/28 (sic). And I had correspondence from a Mrs. Walls and a Patricia Stark. CHAIRMAN HENNING: Okay. Commissioner Coyle? COMMISSIONER COYLE: I met with Mr. Yovanovich, a representative of the petitioners yesterday, and I have received correspondence from supporters and opponents of this particular petition, and that correspondence is included in my file. CHAIRMAN HENNING: I have correspondence, and they are in the file, if anybody would like to review it. Commissioner Fiala? COMMISSIONER FIALA: Yes, I've met with Mr. Yovanovich and I've also met with Mr. Pires and Mrs. Maggio. I have a great deal of correspondence that I have in my file. And also, I went out and took a look at the site and rode down the road completely and looked up all the addresses of the people that I found on my correspondence. CHAIRMAN HENNING: Commissioner Halas, you gave your correspondence ex parte communication. Is there any more? COMMISSIONER HALAS: Just the fact that I met with the -- Tony Pires and I met with people that live in that general area, and -- homeowners in that area, and I've had correspondence, e-mail, both Page 33 September 9, 2003 for and against, so that's where we stand on this. CHAIRMAN HENNING: Mr. Yovanovich, you're representing the petitioner for this variance? MR. YOVANOVICH: Yes, sir.. May I start? CHAIRMAN HENNING: Go ahead. It's your time. MR. YOVANOVICH: Good morning, Commissioners. Rich Yovanovich, for the record, representing the petitioners in this matter. What you have before you today is a request for a variance for a number of lots to allow them to come through the process to request a boathouse. These lots, as your executive summary indicates, are in fact boat dock lots and were created that way back in the Sixties. None of the lots themselves are large enough to support a principal structure, they're all about 450 square feet and about 40 feet in width. Prior actions of the Board of County Commissioners was a conditional use and variance, and I think also what was called a provisional use, to allow boat docks to be constructed on those lots and allowing a zero-foot setback for the boats to be moored at the boat docks. So in effect, these lots have already been determined by a previous board to be boat dock lots. And essentially what happens is a finger pier is built approximately at the center line of the lot and the lot owner has the right to put two boats on that lot. Now, there was a lot of-- there was a letter written prior to the planning commission that raised some issues that I would like to address that really are not related to the variance petition, but I wanted to address those anyway. The -- one of the concerns that was raised, what about the fact that these lots -- or these boat docks could be rented out? Well, that could happen anywhere. That's a code enforcement issue. A dock behind someone's house can be rented out. These lots are prohibited, from the prior legislative action taken by the Board of County Page 34 September 9, 2003 Commissioners, from being rented out. They're intended to serve the person who owns the lot. So that is the purpose of these -- the boat docks. Also, it is required that they not be commercial. One of the concerns was that this was now going to turn into a commercial marina. It's not going to be a commercial marina, it's going -- it's a boat dock lot that serves somebody who doesn't own a home on the water. It provides access for boaters of the community to have a boat dock. What we're simply asking for is the same right that any other property owner who owns property on the water has, is to request the ability to ask for a boathouse. If you have a principal -- if you have a house, a lot big enough to have a house on the water, you have the right to request a boathouse. We're asking for the same privileges. Now, in order to do that, there are -- we have to obtain some variances from the code provisions, because they just don't work for these lots. One of the provisions that we need a variance from is the fact that we cannot have a roof that meets the same -- can't be similar to the roof of the principal structure, because we can't have a principal structure. So we're asking for a variance from that requirement that the roof match the roof on the principal structure. Second we're asking for is the 15-foot side setback requirement. It won't work for the lots, they're only approximately 40 feet in width, and with that requirement we are already allowed to go up to the lot line for the boat anyway. So we're just simply asking for the ability to the house to go and cover the boat which is already allowed to go basically to a zero setback. And finally, we're asking for the ability for the boathouse to go out beyond 20 feet, because this is shallow water, and you basically can't build a dock and get your boat in the water at 20 feet. Now, keep in mind that we're not asking for an exemption from the criteria to go through a boat dock extension. We still have to go Page 35 September 9, 2003 through a boat dock extension to extend out into the water. And when that happens, the planning commission analyzes impact on boater traffic, impact on view. All of those things are addressed at the time we go through a boat dock extension, and we would still be subject to those criteria when we come through with a boat dock extension. I'll briefly take you through where the lots are and a little history of how we got to where we are. This is -- these are the lots. This is Third Street West. This is from your property appraiser's GPS. Right here are the affected lots. Now, I don't represent every one of the lot owners, a few of them chose not to be part of the petition, but a vast majority of the lot owners have chosen to be part of this petition. How this started was Mr. Allen and Mr. Davy went to staff originally because they were approached by an installer of these boat covers. They went and they asked, do we need a building permit for these covers. And the response that they got was no, you don't need a building permit for these covers, so they installed the covers. Subsequently to that, staff has determined that these are in fact a structure, therefore requiring a building permit. And since it's now a structure, it's technically a boathouse, and you go back and follow the circular logic, it comes back to well, you can't have a boathouse because you don't have a principal structure. So the mechanism to get in front of the Board of County Commissioners that was arrived at with staff was to come forward with this variance petition to address all of the lots in a global situation, recognizing that we still needed to address the boat dock extension when each individual boat dock comes forward. So we went to the planning commission with the staff recommendation of approval on the variance. The recommendation was for hard covers versus soft covers, if you'll let me use that terminology. And we got to the planning commission, and the Page 36 September 9, 2003 planning commission preferred and imposed a condition that instead of hard covers, they preferred soft covers in this location, because they felt it blended in better with their surroundings. And it was a recommendation just for this area to allow soft covers. And I'd like to point out again on this map that you can't even really see the soft covers. And this is -- I wish I could blow the ariel up and get a little tighter. But right where my finger is pointed, those are Mr. Allen's boat covers, and across the way right there are Mr. Davy's boat covers. So they are -- they do blend in nicely with the community. Now, when I first took this case, I was a little concerned about how those boat covers would look. I wasn't sure -- and my recommendation was let's just go with the hard covers, because I -- my personal preference was I thought that would look better. But I went out on the water with my clients to see what's around the community and what do these things really look like. And if I can, I'll show you some pictures. CHAIRMAN HENNING: You can just give that to the County Manager. MR. YOVANOVICH: The first picture is -- I would have never gotten that right in lining that up. The first picture, those are Mr. Allen's boats, and that's from the water, obviously. You virtually cannot see them as you drive by on the road. The mangroves have grown over to block them. The next picture is across the way; that's Mr. Davy's two boats and covers. That picture is a picture looking in -- into the waterway, facing east. And that's basically the view coming back the same way. That's what you see going in. I mean, there's already a boat on a lift, so the cover or house, whatever is approved, will not block the view, because all these boats are on lifts already. Page 37 September 9, 2003 That's another look of-- that's looking in east, and you'll see there's already an existing boathouse in the area. And that's what it looks like. And I don't -- this next picture is not the best -- oh, it's real fuzzy, let's not even take it. What that picture was is looking from the east to the west, and what you see is the hard cover -- the hard-- and before you see Mr. Allen's boat covers, you see that existing boathouse on a boat dock lot. And finally, one of the questions was what do these things look like when they're placed together side by side, so to speak. That is the Vanderbilt Towers boat basin. Now that's a mid-rise condominium. That's what these people look out from their windows and see in their boat basin. And I'm assuming, since the condo hasn't objected and those things are in place, it hasn't really been an issue for people in these mid-rise condos to look at these boat covers aesthetically. And you will also notice, by the way they're constructed, there's a natural separation from the boathouses, so they are not rooftop to rooftop to rooftop. They do line up nicely and provide, you know, a view, if you can, between the -- through the core. Also in the area, if you want, I've got pictures of other single-family homes that decided that these boat covers were for them, and they've gone ahead and constructed them as well. So I mean, the neighborhood on the single-family lots seems to like these covers as well. The planning commission wanted to make sure that the aluminum that holds up the canvas was in -- does in fact meet the hurricane standards, and it does, it's a requirement that the aluminum frame meet the hurricane standards. Now, obviously the canvas does not. They wanted a requirement that the owners come and remove the canvas cover if there's a storm coming, and we've agreed to that requirement. Mr. Davy and Mr. Allen live locally, and we would be fine with that Page 38 September 9, 2003 being a condition on any of that, if we went the boat cover route, as recommended by the planning cormnission. We're also okay with going with what staff recommends, the hard cover, if that's the preference of the Board of County Commissioners. We do believe that this is a unique situation, these are unique lots. We're only asking for the same rights that anybody else who owns property on the waterfront would have, is the right to ask for a boathouse, go through the process of getting a boat dock extension. And we fully intend to comply with the building code structural requirements. I don't have much more to add. Your staff report was thorough, you have all the backup material in your packet. I do -- would like to respond to any comments from the public as to why they may or may not object. And with that, unless you have any questions of me, I'll -- CHAIRMAN HENNING: Questions by the members of the board? Commissioner Coletta? COMMISSIONER COLETTA: Yes. Mr. Yovanovich, up in the upper left-hand comer, there's a red line that intersects the boat docks, from best I can see. What is the significance of that line? MR. YOVANOVICH: To be honest with you, I don't know. I just pulled the map up just for purposes of showing the location of the lots. COMMISSIONER COLETTA: I really would like to know what the significance is. Is it a property marker of some type? MR. YOVANOVICH: I don't know. We are constructing -- we would be required to construct our boat docks within our riparian lines for our lots. So we'd still be required to be consistent with the riparian lines set forth in your code, and we'll address that at the time of permitting. COMMISSIONER COLETTA: Does it have anything to do Page 39 September 9, 2003 with it about the state owning land under the water? MR. YOVANOVICH: Commissioner, I don't know. COMMISSIONER COLETTA: The particular case, I mean, as far as applying for this. MR. YOVANOVICH: We would be required to obtain whatever per -- if we needed to get a state permit to build a boat dock there we would get a state permit. If we don't have to, we wouldn't get one. MR. MUDD: Red lines on that overlay, Commissioner, normally designate lot lines, okay? That's the way the property appraiser has them laid on that sheet. You don't see them on the individual ones so well on the visualizer, but if you get close to that picture, you can see them, so that every lot is squared off with a red line. CHAIRMAN HENNING: And sometimes they're not correct. MR. YOVANOVICH: Right. CHAIRMAN HENNING: It's just a line on the map. Because I can tell you that my neighbor's shed is on my property, but my survey says that it's not. MR. YOVANOVICH: It's an approximation, it's clearly not a surveyed line. COMMISSIONER COYLE: You should bring that before the County Commissioners. CHAIRMAN HENNING: No thanks. I have some questions. MR. YOVANOVICH: Yes, sir. CHAIRMAN HENNING: The -- what's the lots platted -- the plat for the lots, they're platted for what use? MR. YOVANOVICH: Well, actually, it was silent. And the determination has been through legislative history of granting of conditional uses. Since they never met the minimum size requirements for a single-family structure, I'm told through, you Page 40 September 9, 2003 know, verbal history that the intent always was that these were boat dock lots. And that's in fact what the Commission has said in the past, that these were going to be boat dock lots. CHAIRMAN HENNING: Was this a PUD or is it just a subdivision -- MR. YOVANOVICH: I think it's straight zoning. Straight zoning from way back when in the '60s. CHAIRMAN HENNING: What is the property appraised as? Is it -- I mean, commercial, single family? MR. YOVANOVICH: It's appraised at RS-4, which is what they are. They're RS-4 lots, but to be constructed. CHAIRMAN HENNING: they don't meet the minimum lot size Okay. One minute, Commissioner. COMMISSIONER FIALA: Sure, I just let you know. CHAIRMAN HENNING: On this map that's not very clear -- you might be able to answer my question or not, but on the road to the north, there looks like a structure just next to the vacant lots. MR. YOVANOVICH: Right there? CHAIRMAN HENNING: No, to your other left. Yes, that way. Right there. Yeah, right there. You had it. Back. Never mind. Commissioner Fiala? COMMISSIONER FIALA: Go ahead, ask your question. CHAIRMAN HENNING: Do we know what that is? MR. YOVANOVICH: That's the boathouse. That's the one I showed you, the hard cover. CHAIRMAN HENNING: Your voice changed. MR. YOVANOVICH: I got coached. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, just one thing: The boathouses that exist right now -- well, there's the boathouse and then the canvas cover. MR. YOVANOVICH: Right. Page 41 September 9, 2003 COMMISSIONER FIALA: What kind of setback are they using presently? MR. YOVANOVICH: They're using the width of the boat slip as their setback. They're built on the existing pilings, so under the existing regulations the pilings can go to a zero setback. COMMISSIONER FIALA: setback? MR. YOVANOVICH: Yes. it's going to look like. COMMISSIONER HALAS: So they're set right now at a zero So you have a good look of what These boathouses that you're referring to that presently have a hard fixed roof, are these in compliance? Were these set up, were they permitted? MR. YOVANOVICH: I don't represent that parcel, so I didn't look at the history, I'm just -- COMMISSIONER HALAS: Well, what are you representing here as far as the parcels? MR. YOVANOVICH: I'm saying that right now there's already a boathouse out there. Nobody's tagged it -- COMMISSIONER HALAS: I'm just asking which parcels do you represent? MR. YOVANOVICH: I represent lots one, two, three -- COMMISSIONER HALAS: Show me where -- show me with your pointer there what we're talking about here exactly. MR. YOVANOVICH: It would probably be easier if I put -- if you look at your Page 9 of your agenda package, you will see the shaded lots. COMMISSIONER HALAS: Yeah. MR. YOVANOVICH: Those are the lots that we represent. COMMISSIONER HALAS: I have a problem with putting boathouses up to start with, right from the get-go. And this just compounds it, when there's no other structures that are there, such as a home or whatever else. Page 42 September 9, 2003 And the other thing that bothers me is the fact that these are just lots. And I'm wondering how we're going to address landscaping needs in that area, and keeping these docks from being rented out. Because I can't believe that everybody up there owns two boats. That's -- that's hard for me to believe, that a person owns two boats for each one of these lots. MR. YOVANOVICH: Well, I mean, that's going to be just like any house that has two boats stored there. How do you know? You've got to at some point either trust the people to tell the truth and do the right thing -- COMMISSIONER HALAS: I think we have a code enforcement problem. MR. YOVANOVICH: And then you have a code enforcement issue if people are not following the rules. But the requirements on those lots specifically prohibit the rental of those. And we're willing to stipulate to that as part of the approval. COMMISSIONER HALAS: I'd like to hear from the audience here. MR. YOVANOVICH: We also -- Commissioner Halas, if I may, we did offer to install additional landscaping, if that was preferred, from the roadside. We were happy to do that. We did attempt to meet with the nay-sayers, and there was no room for compromise, so we're always open to compromise. CHAIRMAN HENNING: Okay, any further questions for the petitioner? (No response.) CHAIRMAN HENNING: Any questions for our staff?. (No response.) CHAIRMAN HENNING: Seeing none, let's go to public speakers. · MR. REISCHL: Mr. Chairman, I just wanted to wanted to put on the record that this is one of the few times that the planning Page 43 September 9, 2003 commission and planning staff have different recommendations, ours being more from the safety viewpoint that we wanted to have the hard boathouse, the planning commission went more towards the low profile, I guess more aesthetically pleasing was the general intent. I just wanted to put that on the record for you. CHAIRMAN HENNING: Okay. Thank you. Let's go to public speakers. MS. FILSON: Mr. Chairman, we have eight speakers, the first being Anthony Pires. He will be followed by Jim Boswell. CHAIRMAN HENNING: Okay. MR. PIRES: Good morning, Mr. Chairman, members of the Commission. My name is Anthony Pires with the law firm of Woodward, Pires and Lombardo. And with the board and Chairman's indulgence, I'm representing 14 different property owners in this area that are opposed to this request, and I would request some additional consideration at this time, perhaps 10 minutes. I believe the petitioner went approximately about 15 minutes or so. I'll try to keep within the 10 minutes, with the board's indulgence. CHAIRMAN HENNING: Please. MR. PIRES: Thank you. Within this particular application we have serious concerns. We raised those concerns before the planning commission. One of the primary concerns, some of them -- some people may say gee, Tony, you're being hyper technical, these are just legal arguments, but I think they are important issues with regards to your process and the process generally. A variance is for the desire to waive or get a modification to a particular Land Development Code regulation to enable the property to be utilized that may not otherwise be usable. You would have to show unique land-related hardship not caused or created by the applicant. The staff, in its executive summary to this board in its package said, there is no land-created hardship. Page 44 September 9, 2003 Additionally, it is difficult to see, when you have an application en masse of 25 with one variance fee of probably $450, how each one is unique. No individual parcel has been identified for its unique characteristics. Also interesting, in the time that I have practiced in front of this board and other boards, I've always been required to and I always thought I was compelled to and appropriate to, in order to show the nature of the request being desired, to have some sort of graphic. The existing lot, the existing setbacks, what's proposed to be waived, what's proposed for the variance. There is no such animal in this packet. The only graphic that is part of the application process is a copy of the plat. The checklist for the application says provide a survey that shows the encroachment. There is none in this packet. It is then difficult, if not impossible, to ascertain the effect of the variance being granted. What's also interesting is there are no surveys or graphics depicting the water depths. Mr. Yovanovich made a bald assertion, comparable to the bald assertion made during the course of the planning commission meeting, that there are shallow water depths. That's also in their application. There is no evidence in the record, no testimony that shows there are shallow water depths. Question was raised as the ownership. I think the question was raised as to, gee, what is that red line. I'm not an expert, but I like the surveyors -- I like the survey lines that are part of variance applications to ascertain property boundaries. It is our understanding that is a bulkhead line, and that is a line of differentiation between the property owned by the Hickory Harbor Condominiums. So whether it's exact or not, whether it's a tolerance of one foot, whether it's a tolerance of two feet, prima facie on its face, based upon the documentation from the property appraiser's office, part of Page 45 September 9, 2003 these boathouses and part of the proposed extensions go into property which is controlled by a bulkhead line possibly owned by Hickory Harbor Condominiums. I'm not telling you that is the answer, but I'm telling you that if you had an application that provided the requisite data, you would know that, as opposed to guess, surmise and guess and by golly. That's what the applicant is wishing you to do. The applicant has not indicated and shown any graphics as to how this would look in its relationship to adjoining properties and to the residential properties and communities to the west and to the east. What kind of effect would be created in a single-family residential community? Mr. Yovanovich says Vanderbilt Condominium are happy, the mid-rise, high-rise people are happy with types of covered structures in their boat basin, but they are not this residential community of a long-standing nature, about a 50-year-old community that does have a canonization effect caused by boathouses that could occur by virtue of this application. Additionally, the application itself concedes that boathouses do not qualify for the use. In essence they're asking for a use variance, which is not allowed by law, as opposed to a variance merely from the requirement. In the application-- the variance petition, the applicant himself said due to the size of these lots, and inability to provide a primary structure on them, they do not qualify for boathouses under the current rules. The current rules provide a definition of boathouse, and I'd like to introduce that into the record, and I will have a copy for the record. Boathouse: A roofed accessory use to a residential structure. It's not accessory to the dock, it's accessory to a residential structure. Our position is if they wish to have boathouses, they need to go back to a conditional use process, because the original conditional Page 46 September 9, 2003 use didn't even say docks. The original conditional use allowed for boat launching facilities. At the time the conditional uses were approved, the conditional uses authorized -- had the ability to authorize either boat launching facilities or multiple docking areas. Multiple docking areas were not authorized as part of that prior conditional use process. So we're saying, and our position is, the boathouse can't even be allowed. What I also find interesting is that Mr. Yovanovich asserts and the applicant has asserted that well, we'll give you all the data you want when we come in for the boat dock extension request. My response to that is why not provide it now when you're asking for a variance. Let's do it all at one time. And I can see the argument later on as to why the boat dock extension request should be granted. It's hey, we told you it was shallow, you granted a variance based upon that representation, how can you now deny us a boat dock extension request? I think it will be difficult to do. And it may even be an issue about res judicata or collateral estoppel that you allowed this to occur before. There's been no evidence or testimony of hardship. The applicants have never even testified before the planning commission or even today. The staff has found no land-related hardship, and the court cases are replete with the fact that a hardship needs to be shown in order to have a grant of a variance application. Mr. Yovanovich -- and I'd like to introduce into the record also some additional photographs. One's a little closer up. I had problems with my computer this morning printing the full size out. But if I could go to the visualizer and not fall over the new podium, which is very nice, by the way. Thank you. I believe this one shows the red line in greater detail as we come closer to that. What it also shows is something that wasn't disclosed. The lots may extend down to the water, but there are seawalls there. Again, when you start measuring where is the boat dock extension Page 47 September 9, 2003 going to be made from? From the property line in the future, from the existing seawall line, from the existing shoreline? And where this is variance from? There are just too many unanswered questions. You have a process where it's designed to have each individual come in on their own accord, on their own merits, lot by lot. This is akin to a neighborhood of 25 homes where people want to change setbacks as to their garages. And they come in with 25 applications all in one, without any drawings, without any surveys and say, you know, we got pretty skinny lots, we want to put garages on them closer to the side yard setbacks. Trust us, we'll do the right thing. Each one needs to be weighed on its own, each one needs to be evaluated on its own. So therefore, we believe that this application should be denied in its entirety. Mrs. Maggio from -- will be one of the speakers who will have some additional information about the question I think Commissioner Halas raised about the one covered structure that's a hard structure that was used by Mr. Yovanovich as an example. We believe that's an unpermitted structure, and that's part of the problem that's been going on out there. In summary, based upon all the -- the deficiency in the application, the failure to comply with the requirements of the ordinance for the application, the failure to show a land-created hardship, the failure to show a non self-created hardship, all they want to do is they want to put more boats on their lot. Their application even says that they're not -- they're usable. They can be used. They just want to put two as opposed to one. And they want to cover it. They've shown no real hardship, no individual application has been provided. We respectfully request then that you deny this petition, and if they wish to submit, submit each one on their own merit, have each one evaluated on their own merit with the requisite data. Page 48 September 9, 2003 Once again, I've never seen a variance application without supporting data showing what it's going to look like, what effect it will have. Thank you. CHAIRMAN HENNING: Thank you. MR. PIRES: And also, I have some items that I'd like to make part of the record -- thank you, Mr. Mudd -- the photographs, correspondence I provided to the planning commission, and the transcript of the planning commission hearing, a verbatim transcript. And I'll give those to the court reporter with the Chairman's indulgence. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Jeff Boswell. CHAIRMAN HENNING: Followed by? MS. FILSON: Jeff Garard. MR. BOSWELL: Good morning, Commissioners, my name is Jim Boswell. I reside at 270 Third Street with my family. I'd like to point that out to you, that is the stealthy looking building right there on the plat. It's a two-story stilt home. I've owned the property for 18 years, I've lived there for the past seven years. I guess I should have brought some photographs, but obviously, based on that photographic plat there, you can have some idea of my view down the street. Obviously I have no opposition to any type of structure being built on there as far as a cover to protect people's boats. I presently don't own a boat. Hopefully in the future I will. But I don't have any opposition to a soft cover or a hard cover. If I haven't -- if it seems as though all of a sudden I popped out of nowhere and -- when I had an opportunity to supposedly attend any of the meetings at the Bonita Shores Association, that was because I was not invited. So I would have been there to show an opposing view, but I simply wasn't invited. Page 49 September 9, 2003 There's quite a bit of history in regards to these, obviously. A lot of the things that have been brought up here had already been resolved through the petition that Mr. Davy and I had brought forth years ago when it was determined that this RSF-4 zoning had been applied to these properties when the Land Development Code had been adopted back in the Seventies. That was arbitrarily applied because these simply were not recognized at that time. Nobody knew really for any purpose that they existed. That's why we've had to go through a lot of these jumping through hoops, is because they simply weren't recognized and taken care of at that time. Mr. Davy and I, during the period of getting these lot lines adjusted in order for us to better utilize these properties, followed the recommendations of the planning commission. So we've followed all of the rules along as they've been posed to us. Anyway, I don't want to take any more of your time. I can't get into a legal dispute here. That's for our attorney to do. But I just -- I did want to bring you up to speed on a little bit of the history as someone who lives right there on the street and overlooks these lots. Nobody else has that vantage point. I do. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Jeff-- CHAIRMAN HENNING: Commissioner Coletta has a question, sir. COMMISSIONER COLETTA: I'm sorry. Before you go, sir, do you own one of those boat lots? MR. BOSWELL: I own two of those boat lots. I just bought one just in the last three months, as a matter of fact. COMMISSIONER COLETTA: Are they the ones that are facing your house? MR. BOSWELL: I wouldn't say anything faces my house. Can I point it out to you? COMMISSIONER COLETTA: Would you, please. Page 50 September 9, 2003 MR. MUDD: Tell me where you want me to move it. MR. BOSWELL: Actually, you're very accurate, right there. Right there. CHAIRMAN HENNING: Thank you. Next speaker, please. MS. FILSON: Next speaker is Jeff Garard. He will be followed by Emily Maggio. MR. GARARD: I just wanted to thank you for your valued consideration in looking at this proposal. We're just simply requesting the rights to -- that any property owner on the water has, and that's to protect our value and our investment in our boats. I think it will add to the aesthetic appearance to it. And that's basically all I have to say. CHAIRMAN HENNING: Okay, thank you. MS. FILSON: Next speaker is Emily Maggio. She will be followed by Richard Stocksdale. MS. MAGGIO: Good morning, Commissioners. For the record, my name is Emily Maggio. My husband Frank and I have resided in Little Hickory Shores for 34 years. I am here today representing my husband and myself, and I am also one of the 14 households represented by Mr. Pires, and I am here today representing the other 13 who couldn't make it for whatever reason. I have nine letters from those homeowners. The majority of them live right there on Third street. Two of us live on Second Street, which is where I live, and one person who also owns a boat lot lives in Bonita Shores. Most of them are out of town; one had a hip replacement, the other is chaperoning her child's class. So these are their input other than what I and our attorney have to say. Let me start out by saying, first of all, we as homeowners knew when we moved there that these boat dock lots were there. The Walker family who developed this subdivision, when they extended Third Street created those lots. Page 51 September 9, 2003 We have, as residents there, no objection to those lots being used for the docking or launching of boats. We knew they were there. People pay taxes on their property, they're entitled to a use. We have no objection to that. However, and I have here a copy of the original provisional use that was given, and it was for boat launch facility. All other code requirements were required, only that they could have a dock without a principal structure. We feel that that was reasonable. However, when the county went forward and gave them zero lot line, we felt that the county went beyond reason and beyond good judgment. And I'll explain why. That's kind of a big view. I'm going to give you a closer up. When the county granted zero lot line to these boat lots, they in effect gave these boat lot owners more rights than the residential homeowners in that neighborhood. We have no variance and no right to build anything lot line to lot line. And I believe that if we were to come in here en masse and ask for a variance to build anything lot line to lot line, I sincerely can't imagine the scenario under which you would grant such a thing. The second thing they did which makes their decision irresponsible, you look and you see what's there now. With zero lot line -- and you'll see three boats in one and you'll see the roofs. And just imagine when every one of those lots -- and the majority of them so far are not developed -- but when they're all developed, the reality is you're going to have what you see, lot line to lot line to lot line. One boat catches fire, just one, just one, what are you going to have? A disaster. You add roofs, you're only adding fuel. You put them 50 feet out in the water and you're making it darn challenging for the firefighters. And I'm not just pulling wool. My husband was the fire commissioner of the Little Hickory/Bonita Shores Fire Control District for 21 years and was a working firefighter. It is a real danger. Page 52 September 9, 2003 The county was irresponsible to give these boat lot owners more consideration than they gave to the residential lot owners in that residential neighbor. You plopped -- the county plopped -- not you particularly, but the county plopped a terrible fire hazard right in the middle of our neighborhood. I don't think anybody would want that. As far as this issue of renting, which is another concern, this will become commercialized. I want to show you an ad that appeared the beginning of this year. It is for one of these boat dock lots. They are 30 feet by 20 feet is the plat. I don't know where somebody came up with 45 feet. There may be one that's 45 feet. The majority of them are 30 feet. This is for a boat dock lot. The price is $239,000. I won't read the whole description to you because it's directions, you take Bonita Beach Road, blahbidy blah, and it gets you right there to those dock lots. The remarks: This is a unique opportunity to own great boating access dock with two lifts. Buy one for your boat and rent the other out. The dock has a chickie hut for relaxing after a long day of boating. Water and electric. Beautiful bay view. This is a perfect solution for the closing of Wiggins Pass marina. Anyone who -- these people who own these lots right now may not want to rent them. They're not going to own those lots forever. And if you don't think that this is where we're going, you're ignoring the obvious. I would like to show you also this, which I got from zoning. Michelle Arnold sent it to me at my request. This is a list of all the zoning violations that have taken place on those boat dock lots from, what is it, '98 to -- MR. MUDD: 5-98 and it goes down through 5-01, at least on the first page. MS. MAGGIO: That's it. It is replete with building permit violations, and the second largest infraction is renting. And we're not talking about phantom owners; some of these people that are here Page 53 September 9, 2003 before you today are those violators. CHAIRMAN HENNING: I'm going to ask you to wrap up, please. MS. MAGGIO: Yes, I will. I realize it's long. You do not need a variance, a boathouse or a 50-foot dock to clean up your property, to plant trees and to improve its appearance. You do not need a variance, a boathouse and a 50-foot dock to install security lighting. You don't need a variance, a boathouse and a 50-foot dock to protect your boat from the elements. Boat covers are available and widely used. You do need a variance to build a boathouse on these dock lots, you do need a variance to cure the zoning violations from which this petition emanates. This is a zoning violation. And if I could ask, aren't those canvas covers illegal? I believe they are. You do need a variance to extend a dock 50 feet into the waterway. Ask yourself, why do existing docks that are being used and are apparently functioning quite well need to be extended to 50 feet? Why do non-existent, and as yet unplanned, docks need a variance to extend to 50 feet? Where is the hardship that requires a variance to the law? Most of the docks are still vacant, there's nothing there. There are no plans in evidence to show what will be built, when or by whom, the current or the future owner. So why do empty lots need a variance? The variance will be in essence a blank check. The final thing I have here is a copy of the Little Hickory Shores deed restrictions. It requires a principal residence before any other structure, and it also requires setbacks. We may have been asleep a couple of years ago, we are awake and organized. We can and will do whatever is available to us to enforce our deed restriction. Thank you so very much for your kind attention. CHAIRMAN HENNING: Next speaker? Page 54 September 9, 2003 MS. FILSON: Next speaker is Richard Stocksdale. He will be followed by Dennis Santos. MR. STOCKSDALE: Good morning. My name is Richard Stocksdale and I'm a resident of the condominiums that are facing here. There's 51 condominiums there and I represent a group in that to say to you as commissioners that we are not in favor of looking out our condo windows into a Tin City atmosphere which could be created by the fact that they're building these covers over these boats. And one is a hard cover and the other one is a soft cover. We have 25 slips that belong to our condominium association, and we have no need for any covers and no desires to put in any covers. So we're opposed to the fact that the covers may exist. The other option we have -- or opposition we have is the fact that we're taking a community and we're inviting people into the community that really don't have any interest in our community to dock their boats. They have a right to dock their boats, but we're saying that you -- that's going to create a traffic condition on Third Street, and these boat docks are going to create an unsightly thing that we don't appreciate. Thank you. MS. FILSON: Dennis Santos. He will be followed by John McCrohan. CHAIRMAN HENNING: Mr. McCrohan, if you'd come up and stand by the next -- or the speaker before you, we can speed up and get some of the speakers in on a timely basis. MR. SANTOS: Good morning, if it's still the morning, I'm not sure. My name is Dennis Santos, I am the president of the Bonita Shores Boating Association, and our association is right in this little area right here. It was donated to -- CHAIRMAN HENNING: Sir, you have to be by the mic. MR. SANTOS: Oh, I'm sorry. It was donated by the Walker family to the association back in the Seventies, I guess, Sixties. We Page 55 September 9, 2003 are a volunteer board of directors, and we're appointed by boating association members. I'd like to say that this has been difficult for all of the board members, because we have friends in the boating association, and we are very concerned about everything that's been brought up today, by the traffic, the commercialization and all that other stuff. We have petitions, basically 45 people have signed. I'd like to leave these with you folks, if I may. Those are signed by members of the boating association. And I believe there's 45 signatures there, and we have approximately 70 members. COMMISSIONER FIALA: Are they for or against? MR. SANTOS: They are against it. They are against it. As the boating association, we're really concerned about the impact it would have on our land, because we are -- you know, we try -- we maintain that land fairly well, and we're just really concerned about the parking, the street activity, if it does get to the point where everybody is buying up these lots and installing boat docks. From what we understood, that Mr. Davy -- and which it wasn't brought up and correct me if I'm wrong. MR. MUDD: If you do it over here, please. MR. SANTOS: I'm sorry. I'm not used to this. He -- the one he's mentioned is the one that is on the bay side, but we also understand that he owns -- I think the bay side, that green right there, the bay side. He also owns two lots on the bay. Now, I guess this kind of brings to the -- the question to some of the boating association members is that why would one individual want to own three lots totaling 150 feet of dock space out into the water, total of six boats? And I guess the questions are just something that have to be answered. Mr. Allen has approached me, and Mr. Allen -- I think he's -- he has said to me that he's almost sorry that he ever got involved with this because what's happened is is that I guess because of some of Page 56 September 9, 2003 these canvas violations, he has now brought -- he has now some code enforcement issues that he has to deal with. So to wrap it up, the boating association thinks that you ought to vote no. That is the bottom line for us. And I thank you very much for hearing it. If you have any questions, I can -- CHAIRMAN HENNING: Any questions by the members? (No response.) CHAIRMAN HENNING: No, sir. Thank you. MS. FILSON: The next speaker is John McCrohan. He will be followed by your final speaker, Doug Fee. MR. McCROHAN: I'm going to read real quick so I can maybe take a little bit less of your time. I would like to thank the commissioners for an opportunity to speak and be heard on the variance before you. I am here to represent myself, John McCrohan, and my wife Cheryl Lewandowski on this issue. We are 13-year residents of Bonita Shores and we also own a boat dock lot down there in Little Hickory Shores. We are aware of what this variance is about and what is being asked of the Commissioners. My wife and I have always considered ourselves as being interested and active in the community. For the past six years my wife has served as the secretary/treasurer of the boating association and is now the president of the Bonita Shores and Little Hickory Shores Improvement Association. Because of this, it has been brought to our attention that there has been much misinformation given to the Bonita Shores and the Little Hickory Shores community. We have had many calls to our home to ask about the allowance of a variance to allow a marina on Third Street with 50-foot commercial docks and boathouses. We have tried to explain to our neighbors that there is no marina being proposed, that these boat docks are non-commercial private use facilities only, that the only reference to 50-foot docks is the Page 57 September 9, 2003 limitation of how far the proposed boathouses can protrude, and that these boathouses have no walls, just a roof. I believe that there has been an effort to misinform and unnecessarily alarm the community about this variance in order to gain petitions for the opposition against it. As a long-standing member of the community and as a voting members of the boating association, I have not been offered the opportunity to sign a petition for or against this variance, even though I have made several requests. Many of the petitions against this variance have been obtained through misrepresentation, and the -- many of the opponents of this variance are in fact the greatest offenders of the county ordinances and density impacts in the community. The variance only asks that the boat dock owners be able to protect their boats and be afforded the same rights afforded all other water property owners in Collier County. I hope the Commissioners' good judgment will not be swayed in the face of the rhetoric brought before you that has nothing to do with this petition. And if I may, just a quick few things. One, why would you want two boats? Well, I like my stinky fishing boat. My wife does not want to take my family or her family out on a stinky fishing boat. So, therefore, she wants her pontoon boat. Two boats. You have a three-car garage, you may not have three cars. People say 50-foot docks. If you look at my dock, the first 13 feet of it are on land. You do not touch the water for the first 13 feet. Therefore, I have a 50-foot dock. It does not go 50 feet into the water, it just allows, according to the erosion of that property, to get a 21-foot boat in the water. During certain times of the year you can walk out on the sand, from the land out on the sand about another ! 0 feet. So is the variance -- it is by each lot and makes a difference. And the county Page 58 September 9, 2003 takes all of this into account. And that's why we have not one survey as to the size of the lot, but we have several surveys by different surveyors for mean high water and how deep the water are (sic) for each lot and each petition dock. A zero lot line. The reason this was granted was that we could have lifts. As many people say, gee, we can't have zero lot lines. Well, my lot is 30 feet wide. I have a four-foot dock. I can't have two 13-foot slips, which is standard, I had to cut one down to 12 foot. So now I have two lifts to hang the two boats, which is a launching facility. I launch my boats off of those lifts. There is a lot of misunderstanding, I think, and a lot of the neighborhood has been come up in arms. You speak of a lot of these petitions against. Even Mr. Santos says he has 45 out of 70 plus members. I don't believe that he has the support of the voting membership. I am a voting member, I have not been offered this petition. I have asked for one and not been offered. And I think that there is a lot more than meets the eye here. I think there are a lot of people who have boathouses and have canopies but don't want anyone else to have them. Not everybody down there -- not everybody down there does not live in the neighborhood. I do, and so do several others. CHAIRMAN HENNING: Thank you. MR. McCROHAN: And one other thing, ifI may add, as far as will the roofs go roof to roof to roof, I don't believe that every house that's on the water in Collier County will build a boathouse. I don't believe everyone who owns a lot down there -- CHAIRMAN HENNING: Thank you. MR. McCROHAN: -- will build a boathouse. I don't believe everyone will paint their house pink at the same time. Thank you. MS. FILSON: Your final speaker is Doug Fee. MR. FEE: Good morning, Commissioners. For the record, my name is Doug Fee. I'm president of the North Bay Civic Association, Page 59 September 9, 2003 which includes the area of Bonita Shores and Little Hickory. We have several of our members who live in this area. The mission of the North Bay Civic is to preserve our Florida coastal lifestyle. I won't repeat all the specifics of the variance being asked today; however, I wanted to point out on the visualizer, a picture is worth a thousand words. And I have in front of you, with all respect to the Port Royal community, a picture of zero lot line boathouses. Many of you will remember several years ago there was a fire that occurred. And, you know, I'm seeing a parallel here as far as this community. And at the planning commission I spoke and I showed this picture; it went into the public record. And a couple of the commissioners on the planning commission tried to make a motion, I believe, to limit the zero lot line to somehow bring in so that we wouldn't have roof to roof. And so that was one of the things that they discussed. So I'm here showing you that there is an example here in the county of zero lot line boathouses, and that is what we see along this shoreline. Also, I might mention, with this shoreline being -- it's not consistent. You'll have 50 feet -- you know, so it's going to be boathouses that are varied and so it's going to look different than this picture in front of you. That's my point, and thank you very much for your time. CHAIRMAN HENNING: Thank you. Mr. Yovanovich, you know, rebutting all the remarks from the speakers, I'm not sure if it's necessary. So maybe you want to just represent some facts so the board can hear your input. MR. YOVANOVICH: I'll just hit a couple highlights. I don't want to rebut everything. One, I'll let your county attorney address the process. I'm assuming if the process was flawed, we wouldn't be here today. So I'm assuming the county attorney's office has agreed with the Page 60 September 9, 2003 process. I didn't realize you could have a canyon effect when'you only have 15-foot buildings, so I thought that was an interesting comment. We are -- I don't know how to make this any clearer, we are not asking for a boat dock extension today. We are simply asking for the right to come and ask for a boathouse. And we still have to meet the boat dock extension criteria, one of which includes impact on view. We're not asking for a waiver of that requirement. To show you that ordinary people do in fact own two boats, Mrs. Maggio has two boats at her house and I'm assuming they're both hers, and she does have a boathouse. So if we're opposed to boathouses, I think we ought to just go ahead and take that boathouse down and show the community that she truly believes that boathouses are bad things. There are others in the area- CHAIRMAN HENNING: I don't know if that's necessary. Just give us the facts, please. MR. YOVANOVICH: Okay. Well, I guess the reaction was is people are saying we don't want boathouses and the people who are saying that own them. And I think that's the point I was trying to make. I apologize if it came across a little stronger than that. But this has turned into -- I'll leave it at that. Mrs. Maggio pointed out that code enforcement does work. There have been people who were cited for illegally renting boat docks, so your code enforcement staff is handling the situation. We've already addressed the commercialization. This is not a commercial marina. The traffic is going to come there to serve those boat docks anyway, because there's still going to be boat docks. We're just talking about a cover to the boat dock. It doesn't affect traffic and it doesn't affect the number of boat docks that are going to be out there. And finally, you know, the Bonita-- the Bonita Shores Boating Page 61 September 9, 2003 Association; or Boat Association, I may have the title incorrect -- candidly is the biggest traffic offender because their members come to their launching facility and park there and they come there and there's more members and users of that boating facility. So a lot of the traffic issues are related to one of the associations that are complaining. We do have a land-related hardship. Mrs. Maggio pointed out that I overestimated the size of the lots at 40 feet. They're smaller. They're 30 to 35 feet. They're small and they can't have a principal structure. I don't know what other land-related hardship you can have when it involves the particulars of a boathouse because you have to have a principal structure and you have to meet the setbacks. They're too narrow. I can testify to all those pictures. I've been on that waterway, I have seen all that. My testimony is evidence. I don't know that there was any other evidence presented contrary to what I stated. And we need to focus on the criteria, not issues related to a boat dock extension, not issues related to traffic, not issues related to commercialization. Because frankly, none of that is applicable to what we're asking for. And if you have any questions of me, I'm happy to answer it. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I'm a little confused here. What staff has given me is an objective here, and it says the petitioner requests a 15-foot variance from the required 15-foot required side yard setback for a boathouse to 0 feet to 30 feet variance from 20-foot maximum protrusion from the boathouse to a maximum of 50 feet. MR. YOVANOVICH: Correct. COMMISSIONER HALAS: For the boathouse lots, which cannot support a single-family home. But you just said that you didn't want the extension, but yet in this information here, it says a Page 62 September 9, 2003 maximum of 50 feet. MR. YOVANOVICH: Let me explain that to you, okay? What they're saying is that if a boat dock extension is granted for 75 feet, you can't have a boathouse go out more than 50 feet. That's what the 50-foot limitation is on. COMMISSIONER HALAS: Fifty foot into the water. MR. YOVANOVICH: Into the water, correct. If you get a boat dock extension for 70 -- let's say 100 feet, you couldn't come in and ask for a boathouse at the end of that dock. So that lot, by definition, could not have a boathouse. Now, regarding the side setbacks, if the lot is 30 feet wide and you have 15 feet on one side and 15 feet on the next side, that's 30 feet. You have a zero house. COMMISSIONER HALAS: The other question I have, I do a lot of boating in this particular area, and I can assure you that the only way that I can get back over here to the Back Bay Marina to pick up fuel or go to the fish house, is I have to run my -- as it stands right now, I have -- when I take my boat out, I navigate as close to those docks as possible, because that's where the deep water is. You go to the north of this area and you run into shoals. MR. YOVANOVICH: And Commissioner Halas, that is also something that will be addressed when someone asks for the boat dock extension, how far out can they go, and will they impede the traveling boat traffic. And if they will, they will not get a boat dock extension. CHAIRMAN HENNING: Okay, any further questions? Commissioner Coletta? COMMISSIONER COLETTA: Yes, if I may, I'd like to address this question to our county attorney. MR. WEIGEL: Thank you. COMMISSIONER COLETTA: Mr. Weigel, was there anything here in this process of asking for this variance that gave you concern? Page 63 September 9, 2003 MR. WEIGEL: No. Mr. Yovanovich is correct that their petition has come through the process properly, and they have provided, as -- in their submittal that which is required under the Land Development Code. If I may comment, Mr. Pires has indicated that he felt that there was information that wasn't provided that may, in prior submittals of a similar nature for a variance, have been provided to the Board of County Commissioners or the planning commission, which assist them in making their determination. That information is not required under our code and, therefore, is not a deficiency in allowing the petition to go forward. Mr. Yovanovich has, in responding to the most recent questions, has again stated, and correctly, that there is a petition process that goes forward with the planning commission, I believe, in regard to the length of extension that may come to be requested at some future point, and it will most expectedly have all of the issues relating to depth of water, relating to the appropriateness of the length of extension request, and that that is not a question that's actually formally before you today in regard to testimony of depths of water and things of that nature. They have discussed, the petitioner requests, the ability to construct, and the placement of a boathouse in regard to the extension that may occur would come at a later time and have some limitations based upon what you would provide today, if you were to approve the variance. You've had discussion in regard to whether there is a hardship related to the land or not. That is a decision that you have in every variance petition that comes before you. Is there -- is it a property owner created hardship or is it a hardship that, as we say, runs with the land, appears as part of the facts of the property that exist? You have on the record from various testimonials made here Page 64 September 9, 2003 that the property has limitations, it does have some use that is allowed for it presently, it cannot -- although it's within an RS-4 zoning area, it is of too small dimension to support residential and other principal uses for that parcel. There have been-- the board, as Ms. Maggio and others have pointed out, have approved certain uses related to launching of craft into the water. Those pertain to these properties today. And I think that's my summary. CHAIRMAN HENNING: Thank you. Any other questions? COMMISSIONER COLETTA: No, just a comment, if I may. I was very pleasantly surprised about how code enforcement's been actively involved in that area, when I seen that list of violations. And regardless of what the outcome of this Commission's decision will be, I hope that they continue that effort. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yeah, I'll just make a comments also. CHAIRMAN HENNING: We'll close the public hearing, if there's no further questions of staff. MR. YOVANOVICH: Oh, you're done? I didn't hear that, I'm sorry. CHAIRMAN HENNING: Well, we haven't -- haven't closed the public hearing. But if we don't have any questions of staff or the petitioner, then we can -- let's close the public hearing and make our comments and formulate a motion. Entertain to close the public hearing. Any objections? (No response.) CHAIRMAN HENNING: Seeing none, the public hearing is closed. Commissioner Fiala, thank you. Page 65 September 9, 2003 COMMISSIONER FIALA: Thanks. I'm really wrestling with this. One of the reasons is because we're trying to encourage boat access, and we find that there are less and less areas where people can park their boats -- I don't know what the proper word is. CHAIRMAN HENNING: Moor. COMMISSIONER FIALA: Moor their boats. I'm not a boater. And yet we try and protect property rights. Everybody on this -- on these 33 lots already has a right to build a dock, from what we've heard today. They have a right to have two boats on each dock, while at the same time they are prohibited from renting them. Obviously not everybody has taken that prohibition seriously, but they are prohibited to do that. We want to protect these people in the area by not encourage -- or by prohibiting -- let me use that word strongly -- by prohibiting any marinas or any commercial activity whatsoever. Yet at the same time I'm putting myself in the people who own these lots' shoes. And I'm thinking, you know, if I had a boat dock, I would sure like something to cover my head and just to protect me while I'm cleaning my boat, while I'm cleaning my fish, whatever it is, and to protect the boat itself and possibly lift it out of the water so that you can protect the engine. I took a look at the boathouses up close and personal. I wanted to just see with my own eyes. Actually, I didn't find them offensive. A lot of them were shrouded by all of the mangroves that are there already. And so I'm having -- I'm really wrestling with I want to protect these people's right, but I think we can put limitations on these boathouses. All they're doing is requesting boathouses now, they're not talking about docks or anything. We can put limitations as far as rentals, marinas and commercial activities, as well as the structure itself, and maybe we can come up with a compromise for both sides here. Page 66 September 9, 2003 CHAIRMAN HENNING: Commissioner Coyle, then Commissioner Halas. COMMISSIONER COYLE: You know, this, in my opinion, is not an issue of boat access. The boat access will occur whether there's a boathouse and a boat cover or not. The problem I have here is that the fundamental principles which lead us to allow boathouses for single-family residents are substantially different when you're talking about a boat lot that is not -- does not have a principal residence, and is substantially narrower than a principal residence. And to summarize that essentially, I'm saying that I believe it's necessary to have different requirements for a 100-foot wide lot rather than a 30-foot wide lot. So I think there are reasons why these smaller lots should not have the same privileges that a larger residential lot might. But in fact, the rights of these property owners has been extended by prior commissioners to include rights which don't exist for anyone else, which is zero lot line construction. I think the owners of these lots are very fortunate to have the lots in a place to launch their boats. I think it's a good thing. But I think if you push the envelope too far, you might lose some of those rights. And I think the envelope has been pushed about as far as it needs to be pushed, quite frankly. I think the zero lot line issue was probably a mistake by a prior commission, and to compound that by permitting the construction of either soft covers or hard covers and line them up along a shoreline in this manner in the midst of a residential community leaves the impression of a commercial marina sitting right there in the middle of this community. I'm a boater too, and I've been out there and I've spent time looking at these things, and the people have some pretty nice docks there. And that's good. But I don't have a boathouse. I've had the Page 67 September 9, 2003 boat there for almost 10 years. I don't have a boat cover-- a cover over the boat. I have a boat cover that protects my boat. Boathouses are no longer even permitted in all of the City of Naples, nor are boat covers of any kind. There are thousands of people who have boats and they do not have covers over their docks, and they survive quite well, and they launch their boats quite well, and their boats survive. So I have to tell you that I'm not excited about continuing this progression of variances which started back some years ago. I think it's gone as far as it should go. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I concur wholeheartedly and I feel the same way, that I think boathouses have gotten to the point where they're getting out of hand. And I hope some day that we can change the codes accordingly. I also look at these lots that -- again we're affording the ability here of the people that own those lots to build docks in current standards that's available to them, and I don't feel that we need to push the envelope any farther, as Commissioner Coyle said here. But I think also, this is just a tip of the iceberg in regards to what this county is faced with in the upcoming years with access to the waterways. I think this is just the start of what we're involved with as we find that land values near the water increase in value to the point where we lose a lot of these precious marinas, whereby people could store boats and keep them covered in commercial storage. I'm doing everything possible to ask individuals that presently have any type of marinas to try to expand on that so that we can have additional boat storage. So I think this is only just the beginning. And I also look that this is a residential area, and if you look at what they have there, they have a nice home and they have a boat dock and possibly a boathouse in the back of their yard, which is Page 68 September 9, 2003 afforded them through the codes as they presently are in the community. But when you look at a lot that's strictly defined as a boat lot, I have to go along with Commissioner Coyle, that where this lot is strictly a boat lot, they should not have the same requirements or they shouldn't have the same requirements as somebody with a house. So that's where I stand on that. CHAIRMAN HENNING: Okay, great. I'm going to ask for a motion here, and then before I do that, I just want to give my two cents. This is an accessory use to a principal structure. There is no principal structure. If the property is assessed as residential property, there is no resident there, accessory use, how can we approve this accessory use? Just like if I had a lot in Golden Gate Estates, can I put a garage up there without putting the house up? I can tell you that I would catch holy heck by neighbors around there if I tried to do that. Couldn't get a permit. And can you imagine trying to get a variance? What would it look like, a commercial operation for storage? COMMISSIONER COYLE: Put it on your neighbor's lot. His garage is on your-- CHAIRMAN HENNING: His shed is. That's where the property appraiser's lines are. But anyways, with that I'll entertain a motion. COMMISSIONER HALAS: I entertain a motion for denial. CHAIRMAN HENNING: Is there a second? COMMISSIONER COYLE: I'll second. CHAIRMAN HENNING: There's a motion by Commissioner Halas, second by Commissioner Coyle for denial. Any discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by Page 69 September 9, 2003 saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Any opposed? COMMISSIONER COLETTA: Opposed. CHAIRMAN HENNING: Commissioner Coletta opposed. We have an agreement with our court reporter to give her a break every so often. I think this is the so often. So let's take a five-minute break. MR. MUDD: Commissioners, if you may, I'd like to jump to 10(E) after the break. CHAIRMAN HENNING: Sure. MR. MUDD: After that item we can start the Parklands issue. CHAIRMAN HENNING: (A short recess was held.) CHAIRMAN HENNING: We are moving on to -- MR. MUDD: Item 10(E). Okay. Everybody take their seats, please. Item #10E APPROVING DONATION AGREEMENTS AND ACCEPTING WARANTY DEEDS FROM OLDE CYPRESS DEVELOPMENT, LTD., FOR OLD CYPRESS UNIT ONE, TRACT R-3, TRACT O AND A PORTION OF TRACT R-1 FOR THE PURPOSE OF FUTURE RIGHT-OF-WAY TO BE KNOWN AS LOGAN BOULEVARD NORTH AND TO APPROVE A LANDSCAPE MAINTENANACE AGREEMENT WITH OLDE CYPRESS DEVELOPMENT. (NORMAN FEDER, ADMINISTRATOR, TRANSPORTATION SF, RVICES)- APPROVED W/CHANGES Page 70 September 9, 2003 CHAIRMAN HENNING: -- 10(E), and that is request the Board of Commissioners approve the donation agreement and accept the warranty deed of Olde Cypress Ltd. for Olde Cypress -- MR. MUDD: Unit 1, Tract R-3, Tract O and a portion of Tract R-1 for the purpose of future right-of-way to be known as the Logan Boulevard North, and to approve a landscape maintenance agreement with Olde Cypress Development. And Mr. Feder-- ladies and gentlemen, if you could please take your seats. And Mr. Don Scott will be the presenter. CHAIRMAN HENNING: Mr. Scott? MR. SCOTT: Morning. Don Scott, transportation planning. This item is for the acceptance of right-of-way to be used for Logan Boulevard from Immokalee Road to Bonita Beach Road. On the visualizer you see the section that we're dealing with between Olde Cypress and Long Shore Lakes. Currently right -- we own -- county owns right-of-way north of this location that was dedicated by Terafina and Parklands, but this portion of right-of-way was never dedicated. This right-of-way is restricted, it's only 60 feet wide, and Parklands has plans to build a two-lane undivided section on the southern portion of this, and then north of this where we have 80 feet of right-of-way will be a divided two-lane section. The current roadway plans call for a 1 O-foot multi-use bicycle pedestrian facility on the eastern side. I have to note that this is not consistent with the Land Development Code, but what has been approved by staff, due to the restricted right-of-way that we're dealing with within the section, the Pathways Advisory Committee has recommended it be 12 feet. But again, we're dealing with restricted right-of-way, and that's why we previously had approved 10 feet multi-use pathway. A landscape maintenance agreement with Olde Cypress is Page 71 September 9, 2003 attached, since we are accepting right-of-way that has some landscaping within it currently, and this is also at the request of the Olde Cypress developer who wants to keep some of this landscaping up. One of the issues that remains with that is that there are plans to add walls and landscaping to this right-of-way. All of this will have to be permitted by the county and demonstrated by the developers that they have notified the homeowners that are involved, since they will be required for -- to pay for the maintenance for an indefinite period of time. Staff recommends acceptance of this warranty deed for Tract R-3, R-1 and a separate deed for Tract O. Also recommends approval of donation agreements for Tracts R-3, R-1 and O, and the landscape maintenance agreement with Olde Cypress. CHAIRMAN HENNING: Any questions for Don Scott? (No response.) CHAIRMAN HENNING: Do we have any public speakers on this item? MS. FILSON: Ten. CHAIRMAN HENNING: Please call out the first public speaker. MS. FILSON: Gene Mayberry. He will be followed by Tony Pires. MR. MAYBERRY: Good morning. My name is Gene Mayberry, and I'm a director of the Olde Cypress Homeowners Association. I was at a meeting with a number of the people in this room on the 29th of July and participated in the agreements surrounding this particular item. There were a number of issues at that point in time, and at the end of that meeting, we had an agreement and we requested that those agreements be documented and sent to the participants in the form of minutes of the meeting. Page 72 September 9, 2003 We also had asked that Item 8(A) and (B), to be addressed later, be preceded by this discussion, but that has been ignored. We followed up with several phone calls to determine the status of the minutes of the meeting, and we were constantly or consistently told that they were in typing. Five weeks after the 29th of July, we were provided with the county's version of the minutes; which also happened to be one day before today's hearing. Within those minutes, the county acknowledged that there were changes to the agreements on the 29th of July. The most significant being the issue on reverter clause in the warranty deed and ingress into Long Shore Lakes. We initiated efforts to contact Mr. Brian Stock of the Stock-- president of Stock Development Company, and Brian was out of state on vacation. We learned late last night that Stock's attorneys, along with other attorneys, brokered a deal in a back room. These corridors are tainted with less than arm's length relationships. As homeowners and highly taxed property owners, we are chagrined to have relocated to a community of insider deals. This process smells. That's all I have to comment to. CHAIRMAN HENNING: Thank you. MS. FILSON: Next speaker is Tony Pires. He will be followed by Brian Farrar. MR. PIRES: Mr. Chairman, members of the board, my name is Anthony Pires, with the law firm of Woodward, Pires and Lombardo, representing Long Shore Lakes Foundation, property owners within Long Shore Lake. Making a presentation with the appreciation and recognition of how hard the parties have worked, very candidly and openly, in exchanging thoughts and concerns and expressing their particular positions in a very candid fashion as to the desire to achieve the Page 73 September 9, 2003 construction of this roadway segment, but yet recognizing the impacts it has on existing, mature, established, valuable residential communities. Long Shore Lakes is one of those communities, a very well established, you know, community that could be impacted by this roadway segment on their eastern boundary. As a result, we have a couple of concerns about this donation agreement. And some of the comments -- or most of the comments I have also bleed over into the Parklands, a discussion with regards to what details will be part of that roadway construction of Logan Boulevard extension in order to mitigate the impact on Long Shore Lake. But as to the specific donation agreement involved here, just a couple of comments. One might be deemed to be picky, but in the first whereas, in the third to last line from the bottom, it calls it a landscape berm. I'm not aware of there being any berm along the -- in this Tract O. I think it's proposed to be a wall with landscaping. And that was just once again a picky comment. But the second whereas is troubling because in the last line -- in the second to last line, in the second whereas, it states quote, and Long Shore Lake's assuming all future maintenance responsibility as to these improvements. Long Shore Lake is not a party to this agreement. Long Shore Lake is impacted by this roadway segment on its easterly border. And we have, in our discussions, been consistent that we don't believe any maintenance obligations for any landscaping east of the wall, outside Long Shore Lake, would be their maintenance responsibilities. I know, Commissioner Henning, you look surprised, but that's been my understanding. I could be corrected -- or we could be corrected. With regards to the paragraph eight at Page 2, language again Page 74 September 9, 2003 states, it says: To the extent that third parties may desire to install and maintain landscaping and a noise abatement wall within Tract O, the county agrees to allow the use of Tract O for such improvements, which is actually, you know, once again, very much appreciated and applauded by Long Shore Lake, provided all proposed improvements meet applicable county standards and the appropriate permits and approvals are obtained. But the question is, who will be maintaining that? I have a hand-out -- I'm not sure if this is the right subject matter or item, or wait till the Parklands DRI -- as to the various items concerned with the issues that would address the concerns of Long Shore Lake as to the maintenance. The construction of the wall, the type of wall. An eight-foot high wall is a visual noise barrier. That the construction of the wall would be completed prior to any use of the road right-of-way for any vehicles or equipment. That the existing perimeter fence at Long Shore Lake would not be removed or relocated until the new wall is completed. That no vehicles or equipment will utilize Logan Boulevard extension right-of-way until the first lift of asphalt is on there. That once completed, the speed limit on the two-lane portion of Logan Boulevard extension -- MR. MUDD: Commissioner, I would-- CHAIRMAN HENNING: Mr. Pires, this needs to be addressed in Parklands. MR. PIRES: Okay. I wasn't sure which item. I just didn't want to be told that I should have addressed it at this donation agreement. CHAIRMAN HENNING: Okay. MR. PIRES: Once again, those are the primary concerns on the donation agreement we have. Generally the other items that would be addressed are with the Parklands. CHAIRMAN HENNING: Mr. Pires? MR. PIRES: Yes. CHAIRMAN HENNING: Please don't go away. Page 75 September 9, 2003 What's the basis for the need for a wall? Is there any -- does it fit the criteria of FDOT or our local noise abatement? Does it exceed decibels? MR. PIRES: I just was handed a noise study today. I understand there was a noise study earlier that was provided by Parklands, which was part of the Parklands DRI PUD consideration. But from the standpoint of the wall on the eastern boundary of Long Shore Lake, this road is a road that will have a higher trip generation rate than originally I believe anticipated at the time it was designated in 1996 as a local road. It is now becoming a collector road by virtue of the desire for Parklands to make it a collector road and all those other reasons. And we are not in a position to say don't connect the road, don't go all the way through. But in 1996, the roadway right-of-way was switched from 100 foot wide on the east side of Olde Cypress to 60 feet wide on the west side of Olde Cypress, up against Logan -- Long Shore Lake. Additionally, the PUD for Olde Cypress states that this is a local road. It says quote, in section -- CHAIRMAN HENNING: I think that we can address that at the MR. PIRES: Right. But what I'm saying is that -- the nature of the roadway segment has changed, we believe. And so the impact to the established community has changed considerably over that that was initially-- CHAIRMAN MR. PIRES: CHAIRMAN MR. PIRES: CHAIRMAN MR. PIRES: CHAIRMAN HENNING: I recognize the impact. And this will mitigate that impact. HENNING: You represent the Long Shore -- That's correct. HENNING: -- association. That's correct. HENNING: Did your clients enter in an Page 76 September 9, 2003 agreement with G.L. Homes for improvements on Tract O? MR. PIRES: We've had discussions with G.L. Homes with regards to that agreement. And one of the concerns I have on advising my clients on that agreement is that there are a number of concerns precedent to the G.L. Homes obligations, and one of those would be that G.L. Homes gets their necessary development order for their amendment to Terafina. And so the level of certainty that I would desire to have on behalf of my clients is not there. But G.L. Homes has been fantastic to work with. They've been very -- CHAIRMAN HENNING: We can get something -- maybe something on the record, but-- MR. PIRES: They've been very good to work with, I want to make that statement also, my understanding talking to my client that they've been-- CHAIRMAN HENNING: It's my understanding and belief that they don't have to make this improvements (sic) for Long Shore. Would you agree with that? MR. PIRES: I'm not sure. In looking at the documents, I'm not sure who has to make them. I believe there is an obligation for there to be that sort of landscaping and buffering on the westerly portion of that roadway segment. CHAIRMAN HENNING: Correct, there's landscape buffering required, but no wall. MR. PIRES: I'm not sure if you can say there's no requirement for a wall. CHAIRMAN HENNING: Well, I am. MR. PIRES: Okay. CHAIRMAN HENNING: It's my opinion. Commissioner Coyle? COMMISSIONER COYLE: I'm getting confused here. The first speaker talks about back room deals but doesn't really outline any objections to the warranty deed acceptance, and I haven't heard Page 77 September 9, 2003 you tell us what you don't like about the warranty deed acceptance, which is the subject of the issue we're discussing right now. MR. PIRES: The warranty deed acceptance, per se, no. But as to the donation agreement, it has language in there that I mentioned in the second whereas, where it says the owner, that is Olde Cypress Development, is willing to convey and county is willing to accept, contingent on G.L. Homes installing an eight-foot sound wall and landscaping in Tract O and Long Shore Lakes assuming all future maintenance responsibilities as to these improvements. COMMISSIONER COYLE: So you're concerned about Long Shore Lakes having to pick up landscape maintenance. MR. PIRES: That's correct. COMMISSIONER COYLE: That's the primary -- MR. PIRES: As to disagreement, that's correct. CHAIRMAN HENN1NG: And who do you think should pick up that maintenance? MR. PIRES: Those who may benefit. The landscaping is outside Long Shore Lake. It doesn't offer any visual effect or any buffering as to Long Shore Lake. CHAIRMAN HENNING: Okay. So who should pick up the maintenance of the landscaping? MR. PIRES: Other than Long Shore Lake, that's a decision I think for this board to make. CHAIRMAN HENNING: What is your recommendations? MR. PIRES: There's a couple of parties I believe would be the more appropriate parties for that. I know it's a county roadway segment, so possibly the county should. But I think the county would probably not inclined to do that. Then it would devolve upon the county to make that determination. But since it's outside of Long Shore Lake, on the eastern side of that proposed wall, we don't believe it's appropriate for Long Shore Lake to pay that maintenance cost. Page 78 September 9, 2003 CHAIRMAN HENNING: Who is the other person that you feel should be responsible besides the county? MR. PIRES: Once again, from my perspective, it's -- my position is I believe that my client should not be responsible for it. Any I think any other determination would be that of this body. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yeah, in regards to the sound study that you say was presented, I'm a little concerned about putting up an eight-foot wall. I think the only thing that would be missing would be a moat then. And I'm wondering why we just can't do this with just landscaping, maybe with a dense landscape -- or a dense amount of landscaping, versus putting up a concrete wall. MR. PIRES: From our perspective, it's a visual barrier, as well as a possible noise atten -- I haven't read the noise study, but it's noise and visual. Because, once again, you have a roadway segment COMMISSIONER HALAS: I'd be very interested in the -- MR. PIRES: -- abutting the neighborhood. COMMISSIONER HALAS: -- what the levels of sound are in that general area, prior to putting up a wall. Because that would act as a reflective surface. MR. PIRES: My understanding, from talking to Chuck Basinait -- I've not read the study -- is that there is no rebound effect of any significance. CHAIRMAN HENNING: Mr. Pires, I am going to be diligent to get your questions answered -- or your request before we vote on this item. Commissioner Coyle? COMMISSIONER COYLE: I have a question of staff. This agreement clearly states that Long Shore Lake agrees to take over the maintenance of the landscaping. If they didn't agree, how is it possible that this obligation's appeared in this -- Page 79 September 9, 2003 MR. SCOTT: It shouldn't be written as that, because at this point there is no agreement with Long Shore Lakes at this point. They're only agree -- right now the landscape agreement is with Olde Cypress, not with Long Shore Lakes. COMMISSIONER COYLE: So what is your recommendation, you're going to take that phrase out of this particular agreement? MR. SCOTT: Yes, we can do that. At this point we can, yes. COMMISSIONER COYLE: Do you have an alternative for the maintenance of that landscaping? MR. SCOTT: No, in the sense of it's still going to be an issue as to who maintains -- whatever comes up as the landscaping or wall that's put in there is still going to be an issue on who pays for the maintenance of that. CHAIRMAN HENNING: Commissioner Coyle, maybe I might be able to help you out. If the board accepts this with some language in there about buffering a wall, according to our Land Development Code, does it have to be landscaped on the public side? MR. SCOTT: I think the wording that's in there is landscaping on the Olde Cypress's side. CHAIRMAN HENNING: The public side? MR. SCOTT: Public side, yes. CHAIRMAN HENNING: R- 1 -- Tract R- 1. And so in order to have the wall, we need to have landscaping there, so -- and I think that we can address that once we hear from the public speakers. I think there's some representation here that we can ask their input on, on the maintenance of landscaping. MR. SCOTT: Yes. CHAIRMAN HENNING: Next speaker? MS. FILSON: Next speaker is Brian Farrar. He will be followed by Charles Basinait. CHAIRMAN HENNING: That's on the Parklands? MR. FARRAR: I waive. Page 80 September 9, 2003 MS. FILSON: 10(E). MR. BASINAIT: For the record, Charles Basinait. We actually just filled the cards in for this particular item in case you had questions for us. We're here representing Parklands today in the items that are to follow to this. But we wanted to be sure that we just let you know we're here to answer your question, if you need to. Thank you. MS. FILSON: Robert Mulhere. He'll be followed by Meggan Davis. MR. MULHERE: For the record, Bob Mulhere with RWA, representing Parklands. Just a couple of brief comments. The issue of long-term maintenance and the concern that has been represented on the part of Long Shore Lakes, I would like to just put on the record, at least from my perspective, that I think what you have here is whether the road goes through or the road stops at Parklands, you're going to have significant traffic running past Long Shore Lakes. The agreement that's in place right now would have G.L. Homes install the landscaping and the wall, install irrigation and maintain that for an initial growth period of 90 days, after which it would become the obligation of Long Shore Lakes. From my perspective, there is a benefit to the association in terms of property values, in terms of noise reduction, in terms of access, whether it's egress or ingress, to Logan Boulevard extension, so that those residents of Long Shore can have a safe turning movement to move north on Immokalee Road at the light. So there are benefits associated with that. And I think it's a relatively small request in exchange for those benefits for the maintenance and irrigation of that landscaping. Whether or not that's addressed in another way, I just wanted to put those comments on the record and indicate that on the other side of the road, we do have agreements in place in terms of Parklands' Page 81 September 9, 2003 obligation, as well as Olde Cypress's willingness to landscape. Thank you. MS. FILSON: Meggan Davis. She will be followed by Joe Leone. MS. DAVIS: Good morning. For the record, I'm Meggan Davis, and I am vice president of the board of directors, Long Shore Lake Foundation. As to why a wall -- I would just like to share some information from (sic) you. The Logan Boulevard extension will have a devastating impact on our community. We have 58 homes, as you can see the roof tops, 58 homes that directly face this road, as well as 35 others that are on short cul-de-sacs. Some of these homes are just 81 feet away from the proposed road. At first we were dedicated to trying to stop the construction of the road in its entirety. But faced with expensive, complex litigation, we tried to funnel our energies into a more pragmatic and positive tact, and what we decided to do is try to mitigate -- work to negotiate to mitigate the effects of the road for the residents of Long Shore Lake. As you're aware, G.L. Homes, the developer of Terafina, has offered to build an eight-foot wall along our eastern boundary, install landscaping and provide an egress onto Logan Boulevard extension. And we're currently in negotiations with G.L. Homes for this, and we are very -- we are pleased with the offer. But we think that the -- this eight-foot wall will not completely mitigate the noise and the -- based on the planning commission -- at the planning commission, some of the decibel numbers that were raised, it wouldn't completely mitigate that. So one of our other-- we did attend a meeting. We were without counsel. And at that meeting everyone was trying to decide what to do about the road and the maintenance. We all along have said that maintenance would provide a hardship for our community. Page 82 September 9, 2003 In the donation agreement between Stock Development and the county, it says the owner acknowledges and agrees the acceptance of the conveyance of Tract O by the county in no way should be construed as a waiver, relief or modification of any of its requirements as set forth in the owner's developmental orders or approvals, including but not limited to landscape requirements. The Tract O that is being deeded over to the county is a 10-foot tract that runs along the whole eastern side of our community that was supposed to be landscaped. It was meant to be landscaped. And that responsibility was Olde Cypress's to landscape it. If Olde Cypress was -- well, Stock Development, I'll say. When Stock Development bought Olde Cypress from Paul Hardy, he bought -- he bought with it not only all its assets, but all its responsibilities and its obligations. So we feel that that 10-foot of buffering that -- should have been in place all along, and it would have been irrigated from Olde Cypress. So we're looking to the county and for you to advocate on our behalf. We just don't feel that we should be responsible for the maintenance. We have an irrigation system in place currently that is about 15 years old, and believe me, it's held together with like wires and cotter pins. We also have a permit that -- from South Florida Water Management that says that we cannot irrigate outside the boundaries of our development. So the need for an eight-foot wall -- as you can see, people have poured their life savings into these homes. And there's 90 some homes. We're not trying to protect golf courses, we're trying to protect people's homes. And we are very happy for the offer of the wall, but the ' landscape and the maintenance that's required on the other side, we're looking to -- I guess a resolution to this. Thank you. MS. FILSON: The next speaker is Joe Leone. He will be -- MR. LEONE: Mr. Chairman, I waive my right to speak. Page 83 September 9, 2003 MS. FILSON: MR. TREESH: MS. FILSON: Wilsey. Ted Treesh. I waive my right. Janet Vasey. She will be followed by Carol MS. VASEY: For the record, Janet Vasey. When we started with negotiations with G.L. Homes, we were talking about doing the landscape maintenance. We were looking at that as a possible quid pro quo for the wall. I think our concerns for that agreement started after we hired Attorney Tony Pires, and also when we got the document showing the donation. And I'd like to just add one or two things onto what Meggan said. The original PUD for Olde Cypress called for Olde Cypress to install the landscaping along this Tract O, and it called for them obviously to maintain it. I mean, who's going to maintain it if they install it? By donating this to the county, they are in fact -- I'm not an attorney, but they are in fact, it seems, giving away that responsibility and expecting then us to pick it up. I'm not real sure that that's the right thing to do. A PUD has required them to do this. Why can't -- why isn't the PUD enforceable? Even if they want to donate the land to the county, it seems like, as it says in this, the owner acknowledges and agrees that the acceptance of the conveyance of Tract O in no way can be construed as a waiver, release or modification of any requirements, dot, dot, dot, including landscape requirements. So if they say that it can't -- that donating it doesn't take them off the hook for landscape requirements, then why does it seem that that's what's happening? And I do apologize to Commissioner Henning, we did -- we did negotiate and were negotiating with G.L. Homes initially, thinking that quid pro quo for the wall. But when we see a document like this that makes it clear that that was not -- that that was someone else's' Page 84 September 9, 2003 responsibility, then that's why we're raising this. much. MR. MUDD: Lakes? MS. VASEY: MS. FILSON: Thank you very Miss Vasey, you were speaking for Long Shore I'm speaking as a resident of Long Shore Lake. The next speaker is Carol Wilsey. She'll be followed by your final speaker -- COMMISSIONER HALAS: Could we have a -- I'm sure that the legal department has gone through the documentation on this. Could we have a finding from the legal department on this? CHAIRMAN HENNING: Commissioner, I think there's going to be some other issues raised. You have two communities here. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: And I think we really need to address all that. COMMISSIONER HALAS: All right. I'll stand -- go through that and we'll address that later. CHAIRMAN HENNING: Next speaker? MS. FILSON: And your final -- the next one is Carol Wilsey, and the final speaker is Rich Yovanovich. MS. WILSEY: For the record -- I've been waiting here so long, I'm getting laryngitis. For the record, my name is Carol Wilsey. I am also a director of the Long Shore -- I mean of the Olde Cypress homeowners advisory council. And I perhaps may be able to clear up some of the questions that you yourself asked, Commissioner Coyle. First of all, our earlier speaker from our community, Mr. Mayberry, was allowed and invited to be at that meeting where quote, unquote, these deals and agreements were crafted. I was not, unfortunately, because I received a notification from Commissioner Henning at about 3:00 the afternoon before an 8:00 a.m. meeting when I was in Miami notifying me of the meeting. So I quickly put together a group of other people who could at least represent our Page 85 September 9, 2003 group. We did not agree to this donation agreement as it is currently written. I want to make that clear on the record. We said immediately that as soon as we did get a first draft from Hope Brack, this is not what anybody -- this was not our understanding that this was what is agreed to, and it subsequently was revised. And I received a revision to this, which is what Jean was referring to, on this past Friday evening at 5:30 after working hours. So essentially lost the entire weekend to discuss anything. Only had yesterday to work on it. Mitigating factor, Brian Stock, our developer, was out of town. We had agreed with our developer very clearly that the Tract O donation agreement which, by the way, had been proposed -- excuse me -- which by the way, the planning commission had recommended very stridently as one of their stipulations in this original donation plan, they had recommended that Tract O not be on the Long Shore Lakes side, but it instead be moved over to the Olde Cypress side. And I just want for the record everyone to understand that. We were being good neighbors in saying to Long Shore, okay, as long as we get a buffer and a wall, then you should have a buffer and a wall, too. We're being blind-sided here today on this landscape issue, and I want for the record to say that. We never agreed that we would maintain this landscape buffer-- they're getting someone else to pay for it to begin with. And for the record, on March 11 th, 1997, when Paul Hardy vacated the original 100-foot easement on the east side of Olde Cypress for this right-of-way for the road that would have never bothered anybody really, and moved it over to where it is now, it became a 60-foot right-of-way easement. And at that time, in order to mitigate the buffering damages, so to speak, to Long Shore Lakes, Paul Hardy paid Long Shore $75,000, and it's on the record, March 1 lth, 1997. So they've already been paid a certain amount of money Page 86 September 9, 2003 for landscape buffering to begin with. Our developer acknowledged to me that there were a few things that were extremely important to him for our benefit in terms of his donating this right-of-way for the county for this eventual road. One was that he retained a reverter clause in Tract O wording which very clearly stated that if the Tract O was to be used for anything other than what it's stipulated for, in his mind the landscape wall, the buffering and an egress only for Long Shore Lakes, that the control would then revert back to Olde Cypress, because we wanted to protect -- he wanted to protect us, the Olde Cypress residents, in case there was any other future intended use. We're not happy about it, to begin with, but it was for our protection. We also, as I said, were guaranteed that the donation agreement would very clearly stipulate that it would be for an egress only. Now, we aren't a party to any of the wording, as it sits right now. I don't know if that clarifies it, but I want for the record everyone to know that the original stipulation from the planning commission was that that Tract O buffer be on our side, not on Long Shore's, because, per Mark Strain and I think Mr. Schiffer, and I can't recall everyone else, if you look at this diagram, their position on having Tract O on our side of the development rather than Long Shore's was because Long Shore already has a wall, already has a road, already has landscaping. They are not-- they are already buffered, so to speak, in the minds of the planning commission. And if we're going to have an argument up here about donation agreements, this donation agreement is not anything that any of the residents from Long Shore agreed to and we very stridently object. Does anybody have any questions for me? CHAIRMAN HENNING: Any questions from the board? (No response.) CHAIRMAN HENNING: Thank you. MS. FILSON: Your final speaker is Rich Yovanovich. Page 87 September 9, 2003 CHAIRMAN HENNING: Rich, if you could stand up there for a minute. I need to share with the Commissioners a little background of this Tract R, Tract 1 and Tract O. Tract R and Tract 1 states in the Olde Cypress PUD it's to become public right-of-way. So this is the donation. I came to -- went to Mr. Yovanovich's client, who owns Tract O, the Olde Cypress Homeowners Association, and pointed out that this Tract O does not benefit himself or his residents, it's on the other side of the right-of-way, next to Long Shore. So I asked him if he was willing to donate it for the county, because I went to the owners of Terafina -- which we will hear later on maybe this year for an amendment of the PUD -- and showed the benefit of the right-of-way easement dedication and the road that Parklands is going to build to their community, and asked them to assist me on the residents to the south, being Long Shore and Olde Cypress. There is a representative from Terafina here today, if the Commissioners wish to have some things put on the record. Terafina owner has agreed to put in a wall, an eight-foot wall, which is not required by his development or his amendment, or any testing of noise abatement. And in order to demonstrate that wall, he must put in a landscaping according to the Land Development Code. And I'm very much attuned to what the community looks like without landscaping on walls. It's not something that I hope that we continue in the future. And again, this is not something that the owners of Terafina have to provide to the residents of Long Shore Lakes. He has also agreed to -- in kind to -- the Olde Cypress Association -- to donate the money of a landscaping buffer on their side. Does not have to do that. It's not a requirement of his amendment of the PUD. They stepped up to the plate and said they would do that. Now, I understand that Long Shore and Terafina or G.L. Homes Page 88 September 9, 2003 does not have an agreement, but I will ask the representative, after Mr. Yovanovich, to state on the record of what he's going to do for the residents south of his community. By the way, he has -- there's some concerns about -- as Ms. Davis has brought up, about irrigation of this landscaping next to the wall. Because they're at the maximum use of their water use permit. Terafina said they will install the irrigation and make sure that the water to maintain that landscaping will be provided. Olde Cypress Association, Tract O, they didn't have to give it to the county. It's because I requested it for the residents of Long Shore. There's a lot of compromises here by neighbors, and I understand there is a concern from the residents of Long Shore about maintenance of this landscaping. I'm not -- I don't see where the county can accept maintenance of it. There is a benefit of the residents over there at Long Shore. If they don't accept the maintenance of it, I'm concerned about having the -- these improvements put on Tract O, the county's property. I don't see where it's Olde Cypress's responsibility, because they are going to have a buffer along their PUD, as required -- around the PUD, as required in the PUD. MR. YOVANOVICH: Right. Yes, for the record, Rich Yovanovich, representing Stock Development. And as has been alluded to, Stock Development took the project over with everything in place. And we're not trying to avoid any of the obligations under the PUD document, and I hope nobody is trying to assert otherwise. We were approached about conveying Tract O to the county to provide a buffer to 'the residents of Long Shore Lakes. And we were working cooperatively with everybody that Commissioner Henning mentioned. We intend to install a buffer on the east side of the road to address our -- whatever concerns our residents may have. There will Page 89 September 9, 2003 be a wall and landscaping at least where the existing residences are, and there will be at least additional landscaping by the golf course and, if necessary, a wall by the golf course. So there will be a buffer for the residents of our community. There was never anticipated in Tract O that there was going to be an eight-foot wall and all this additional landscaping. So when we said we'll cooperate and work with the county, we rightfully assumed, and based upon the minutes of the various meetings, that the maintenance obligations for that was going to be Long Shore Lakes. And that's all we want to make sure, if we give Tract O to the county, that we are not going to be responsible for maintaining any of the landscaping and any of the walls. Now, in response to the reverter language, the uses - the limitation of uses are in the donation agreement. And we feel comfortable that if the county does something that they're not supposed to do based upon the donation agreement -- and we don't think it's ever going to come to that, but if they do, we have a contractual right to stop you from doing that. So we feel that our residents and the developer are adequately protected if the county tried to put the road right-of-way in Tract O, which they've agreed not to. So we didn't feel that a reverter clause was necessary to protect the residents and our clients. And finally, we -- you know, we fought long and hard to make sure that any access that Long Shore Lakes had to R1 and R-3, which they currently don't have, was far enough away from our project entrance to minimize impact to our residents when they're trying to come and go from our community. And we've been assured by the county that they're going to go through the necessary warrants and put in the necessary traffic control devices to make sure that our residents can come and go, you know, from our project in a safe and efficient manner. So we're committed to doing the right by our community, we've Page 90 September 9, 2003 committed to helping out the Long Shore community, but we didn't commit to taking on the financial obligation for maintaining that wall and the landscaping. That was something in the negotiations that was, we believe, committed to by the residents of Long Shore Lakes. Because we're already going to do a berm for our people. We're moving it from Tract O over to inside our project. And they would never -- Long Shore Lakes would never have gotten a wall and landscaping in Tract O, and I think that's important to remember, for their buffer. They are getting, as Wilsey, pointed out, a nice buffer. And that is a cooperative effort between the residents and developer of Olde Cypress, along with the residents of Long Shore Lakes. So we would -- we don't think it's fair for our residents to incur that cost of maintaining Tract O. CHAIRMAN HENNING: Mr. Yovanovich, I would like to remove the language of maintenance of Long Shore Lakes, because they say that they're not privy to this agreement. If they don't maintain it, I'm not sure if it's going to be installed. MR. YOVANOVICH: And we're okay with that. I've talked to Ms. Chadwell about appropriate language that says if it is installed, that it's clearly not our obligation to maintain it. And we can revise the agreement to that effect, and eliminate the contingency, if you want to. But it needs to be real clear that if it is built and the wall is installed, that it's not our obligation or our residents' obligation in the future to maintain it. CHAIRMAN HENNING: Thank you. Any questions? COMMISSIONER COYLE: I have a question. Who makes a determination as to whether or not the wall and the landscaping will be built on the west side? CHAIRMAN HENNING: G.L. Homes and Long Shore Lakes. And they're going to work out an agreement. And if there's somebody here from G.L. Homes who would like Page 91 September 9, 2003 to speak to the issue of the conversations you're having with the residents, I would appreciate it. MR. RATTERY: Good afternoon. For the record, my name is Kevin Rattery, I'm vice president with G.L. Homes. For the record, let me run through the commitments that have been made by G.L. Homes to the representatives of Long Shore Lakes, as well as the representatives from Olde Cypress. Commissioner Henning is absolutely correct, the development order that is issued for the Terafina property has no obligation whatsoever to provide landscaping adjacent to either Long Shore Lakes or Olde Cypress. It does have an obligation to construct Logan Boulevard from its present terminus north to the project entry. As part of that construction, if G.L. Homes, as the developer of that road, were to build the road, we would then be obligated by the Land Development Code to provide certain amounts of landscaping to provide for mitigation for that road. That type of landscaping is pretty minimal in the context of what's required. We were approached to offer some solutions to provide mitigation for the construction of that road. We went out, assessed the situation, given that there was only 10 feet of property to deal with. The solution was to provide an eight-foot wall along the entire length of the Long Shore Lakes community, which is approximately a mile, to provide landscaping on the east side of the wall, which would be construed as one canopy tree every 40 linear feet, and palm or pine trees every 60 linear feet, with the right to cluster that material, as well as a hedge along the east side of the wall. On the west side of the wall we had agreed that we would either remove the existing fence that was there or leave the fence that is there at the request of Long Shore. And to the extent that there was any damage to either the fence or the hedge that is existing on the west side of where that wall would be, we would replace what was damaged as part of the construction of the wall. We did not agree to Page 92 September 9', 2003 provide for maintenance of that portion of the landscaping that is installed adjacent to Long Shore. Understand that the Terafina property is north of Olde Cypress on the east side of this road. It has a mile of frontage along this road. Our homeowners would be responsible for maintaining that portion of Logan Boulevard and the landscaping installed in Logan Boulevard as part of their obligation. We didn't feel it was appropriate for our homeowners to be responsible for maintaining a portion of this road adjacent to another community. So we agreed to install the landscaping and to do maintenance and irrigation of that for the first 90 days at our cost to make sure that the material gets rooted in properly, and thereafter it then become the responsibility of another party, whoever that party is. As it relates to Olde Cypress, we agreed to take whatever our code required landscaping was along our south property line, convert that into a dollar figure and then pay -- give a check to Olde Cypress, they could then use that money any way they deemed appropriate for purposes of providing mitigation in the form of landscaping to their community. In addition to that, we agreed to then install what would be the code required landscaping buffer along our south property line. So that kind of outlines what we agreed to do. We did draft an agreement with the Olde Cypress folks. That agreement has been transmitted to them. We are waiting for the usual discussion going back and forth. But understand, we're not a party to the Parklands DRI. We're not a party to the dedication of the right-of-way. We are simply negotiating on our side associated with what we believe to be in the best interest of G.L. Homes, associated with our development order request that is going forward. Those communities and associations can decide whether or not to support our application or not support, based on its merits or lack thereof. Page 93 September 9, 2003 We in turn will provide that landscaping and that wall, subject to that development order being approved. Otherwise, we're sitting out there outlaying hundreds of thousands of dollars to do landscaping and improvements adjacent to somebody else's community with no direct benefit to us. Does that summarize it pretty good? CHAIRMAN HENNING: Mr. Rattery, we had a conversation about irrigations. MR. RATTERY: Yes, thank you. For the record, there had been some discussion initially with Long Shore Lakes about tapping into their irrigation system. We would pay for that to extend into the east side of the right-of-way. I understand that they do not have capacity as part of their permit to do that. So what we would do is agree to get a well permit from Collier County, install a well within the 10 feet. We would pay for the irrigation lines to be extended along the east side of that wall and provide irrigation for that. The maintenance long term of that system beyond the 90 days would be a decision of another party and not G.L. Homes. CHAIRMAN HENNING: Thank you. Commissioner Halas had some questions of our legal staff. COMMISSIONER HALAS: Yes. Could you give us an interpretation of where we stand on this issue? Who's responsible? MR. WEIGEL: Yes, I will. And Ms. Chadwell will assist. Part of the discussion, I think-- CHAIRMAN HENNING: Would you pull up the mic? MR. WEIGEL: I'll get it closer so we can all hear. Pardon me. Part of the discussion, I think with Mr. Pires' statement to the board, had to do with the provision in one of the agreements, the agreement that's before you, which is a recital, a whereas clause, which indicated-- appeared to indicate that Long Shore Lake would have a maintenance responsibility upon the construction of the wall Page 94 September 9, 2003 and buffering. And because it's a recital, a whereas clause, its importance in the context of that agreement is, as well as other recitals, is these are the reasons why you enter into the agreement, that you expect those things to have been agreed upon and to occur. And it's upon those understandings that the rest of the operative part of the agreement follows, the contract between the parties to the agreement. It doesn't necessarily require that Long Shore Lakes be a party to the agreement, but it's an assumption that that is something that's in place -- and apparently is not yet in place, but it was anticipated that it might be in place at the time that this came before you today. You may have some additional questions. And Mr. Yovanovich mentioned that on behalf of his client, his interest that he represents here, that there can be easily enough changes made to the agreement, either in the whereas clauses, which are the understandings upon which the operative part of the agreement follows, or in the agreement itself; operative contractual language between the parties to provide clarification or distinction as to who has maintenance responsibilities, including if the wall and other buffering should be put in in the first place. Ellen may wish to speak a little further on that, perhaps. MS. CHADWELL: Yeah, I just want for everyone to be clear that this donation agreement, as has been stated by a few parties, is between the county and Olde Cypress and the Olde Cypress Property Owners Association. It was not our intent to bind anyone else to this agreement, and that's why it wasn't circulated for their comment and input. And in fact, we added recently a clause at the end of the agreement to make it clear that we don't intend for there to be any third-party beneficiaries to this agreement. The last thing the county wants to do is accept this property and then have somebody wave it under our nose, now you got to build me an access connection across Page 95 September 9, 2003 Tract O. Obviously that's not -- we don't want to get in the -- obligated to build the wall and maintain the landscaping. I've talked to Mr. Yovanovich, and as far as addressing a homeowner's concerns, we can certainly delete that recital that Mr. Weigel has discussed for you. And we suggested adding some language in paragraph eight that would say, after the portion that says to the extent that third parties may desire to install and maintain landscaping and a noise abatement wall within Tract O, the county agrees to allow the use of Tract O for such improvements, provided all proposed improvements meet applicable county standards and the appropriate permits and approvals are obtained. I would suggest language to the effect that in this event, such third parties or the county will assume maintenance responsibilities of these improvements, not Olde Cypress. If in fact -- before -- let me just say this: Before any improvements can go on Tract O, if you accept the deed of Tract O today, it has to go through its R process, which means they have to submit a plan of what they intend to do, and a landscape maintenance agreement or a maintenance agreement would be entered into by the county with that entity, and there will be somebody at that time prior to the installation of those improvements who will be on the hook for the long-term maintenance of those improvements. That's pretty standard with the county, because at that point, remember, it will be county-owned property. So that would be what -- the next part of the process. And hopefully as the parties have discussed, everything will work out as they have agreed to, and G.L. Homes will come and make application. Who will be responsible for long-term maintenance at this point, I don't know. It sounds like there's some disagreement with the Long Shore Lakes residents. But were there any specific questions about the agreement that I could try to answer or-- Page 96 September 9, 2003 COMMISSIONER HALAS: Well, then what you're telling me basically is that we have to find out who's going to be the responsible parties involved in this before we can go any further/ MS. CHADWELL: Well, before you can allow anyone to put land -- this agreement doesn't provide for the installation of landscaping. It just says that the county -- it identifies the intent of this conveyance was to really give the county the land, allow them the opportunity to have other individuals utilize it for landscaping and buffering and a wall. That's really all it does. If before that next step takes place, I'm saying that they will have to come in and it will have to meet county approval, because we will then own Tract O. Now, if this board feels like it's -- it doesn't want to leave that contingency hanging out there, then I suppose you could just reject the acceptance of Tract O at this point in time. I'm not sure what the Long Shore Lakes residents are suggesting. I thought they wanted Tract O, but -- because it allows them to have an access connection. But perhaps they don't. But that is an option of the board, I suppose, to reject the acceptance. But currently right now it would give you the opportunity to take Tract O and then allow these parties to do what they will in that area in the future. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Let me make sure I understand. There is nothing in the acceptance of Tract O which obligates anybody to install landscaping or to maintain landscaping. MS. CHADWELL: That's correct. COMMISSIONER COYLE: So although in the executive summary and supporting documents there's a reference to Long Shore Lakes assuming responsibility for maintaining it, it is not in the agreement itself; that language is not in the agreement itself. And I suspect that might be what is causing some of the confusion here. Page 97 September 9, 2003 In my opinion, it appears that if the acceptance of this tract by the county government does not place any obligations on Long Shore Lakes or anyone else, that we should proceed with the transfer and then we can work out the details of whether there will ever be any landscaping or walls on that tract, and if so, who will be responsible for installing it and maintaining it. Is that a correct statement of where we are? MS. CHADWELL: Yes, sir. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: Any other questions? (No response.) CHAIRMAN HENNING: The -- one thing that I think that we could keep in mind is in our landscaping master plan throughout the county, we said that a certain level of landscaping, the county would maintain. Now, whether the -- this landscaping, if it does become at the accepted minimum standards of our master plan, or even above, there might be something that the county could do in the future. So that's something to keep in mind. But we'll wait to see the agreement, how it looks as -- if the board accepts Tract O. I would hope the board would accept Tract O at this time, along with the other tracts, which -- that we must have for public right-of-way, which is stated in the Olde Cypress PUD. So I will entertain a motion. MS. CHADWELL: Before you entertain motions, could I just ask that if it's the desire of the board to include that deletion in that additional language that I referenced, that may appease the property owners or waylay some of the confusion. And that was -- CHAIRMAN HENNING: Taking the responsibility for -- MS. CHADWELL: The deletion of the second recital on Page 1 of the donation agreement. CHAIRMAN HENNING: Could you read it for us? MS. CHADWELL: I'm sorry? Page 98 September 9, 2003 CHAIRMAN HENNING: Could you read it for us? MS. CHADWELL: That recital says whereas -- COMMISSIONER COYLE: When you say Page 1, what page are you referring to? MS. CHADWELL: The first page of the document, I'm sorry, donation agreement. COMMISSIONER COYLE: Well, the problem is the first page of my document is the executive summary. Okay, I've got it now. MS. CHADWELL: Okay. Recite -- whereas, owner is willing to convey and county is willing to accept, contingent on G.L. Homes installing an eight-foot sound wall and landscaping in Tract O and Long Shore Lakes, assuming all future maintenance responsibility as to these improvements; and. That would be deleted. And then the verbiage -- following verbiage added to paragraph eight, second line from the bottom, after the word obtained, there is a period. I would insert, in this event, such third parties or the county will assume maintenance responsibilities of these improvements, comma, not Olde Cypress. And that provision is in the event -- as the preceding sentence says, in the event someone other than, like, G.L. Homes or Long Shore Lakes comes in and they want to make these improvements and install them. Then in that event the county could take on responsibility, or those third parties could assume that responsibility, but not Olde Cypress. CHAIRMAN HENNING: Is that a part of your motion? COMMISSIONER COYLE: I would like to clarify again that you're removing the second whereas, which obligates -- or which states that Long Shore Lakes will assume all future maintenance. MS. CHADWELL: That's correct. And it's not a term of the agreement anyways, it's just a recital. COMMISSIONER COYLE: So we take that out so there's no confusion, and then we stipulate that if in the event somebody wishes Page 99 September 9, 2003 to do this in the future, we can work out an agreement to do it, right? MS. CHADWELL: Yes. In so many words, yes. COMMISSIONER COYLE: That is consistent with my motion. CHAIRMAN HENNING: And the second? COMMISSIONER HALAS: I'll second that. CHAIRMAN HENNING: Commissioner Halas seconds the motion. MR. SCOTT: Just one thing for the record. The 1 O-foot or the 12-foot multi-use pathway, are we -- CHAIRMAN HENNING: I would hope that we would go with the 12-foot multi path. Is that part of your motion? I'm sorry. MR. SCOTT: CHAIRMAN deviation from the MR. SCOTT: Or I mean the 1 O-foot multi path, 10-foot? HENNING: Whatever the staff is recommending, Land Development-- The pedestrian advisory committee wishes to state on the record that they want a 12-foot and crosswalks at the entrances. The entrances are fine, we've dealt with that through site development plans. CHAIRMAN HENNING: The problem with the 12-foot walkway, it doesn't give -- it lessens the ability for Olde Cypress to put in plantings to buffer their community. MR. SCOTT: That's correct. COMMISSIONER COYLE: I'll go with 10 feet. COMMISSIONER HALAS: Ten foot. CHAIRMAN HENNING: Any other discussion? Mr. Pires, please. MR. PIRES: Just briefly, Anthony Pires for the record. I heard the discussion, and the desire from the staff has indicated taking out the second whereas in its entirety. But our only concern for Long Shore Lakes was language that said, and Long Shore Lakes assuming Page 100 September 9, 2003 all future maintenance responsibilities as to these improvements. Not the first portion of that whereas, but just that portion of the whereas. That's why I read that specifically, and Long Shore Lakes assuming all future maintenance responsibilities as to these improvements. I think the cutting knife is going too far, that's what we're suggesting. CHAIRMAN HENNING: We're taking the maintenance out. And we'll deal with that later, along with the plantings or a wall, whatever. We'll take it all out and deal with it when you get back to G.L. Homes on the agreement. What I understand is you have the document of the agreement -- MR. PIRES: Correct. CHAIRMAN HENNING: -- in your hands. So that's between the two parties. And if I could help you out with that, besides being on the dais, I'd be happy to. MR. PIRES: Since Long Shore Lakes has raised the issue about the maintenance, all issues about installation are now coming out? CHAIRMAN HENNING: Right. MR. PIRES: We're being punished for asserting that we have no maintenance obligations. CHAIRMAN HENNING: No. I think it's going to happen, Mr. Pires, with your assistance and guidance with the residents. You've got the agreement in your hand. How can you agree to maintain something that you don't agree -- you haven't agreed to installing yet? MR. PIRES: The installation is by others, but that's -- once again, we're still in still in discussions with G.L. Homes, a fine group to work with. But the maintenance issue is a major issue. CHAIRMAN HENNING: Right. Okay. Seeing no other further discussion, all in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. Page 101 September 9, 2003 COMMISSIONER COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: We still need to continue. take five minutes? Five minutes? proceed on to 8(A). (A brief recess was held.) Opposed? Motion carries 5-0. Are you girls okay, or do we need to Okay. Then we're going to Item #8A and Item #8B RESOLUTION 2003-302 DEVELOPMENT ORDER 2003-02 REGARDING PETITION DRI-02-AR-2358 AND ORDINANCE 2003-42 REGARDING PETITION PUDZ-02-AR-2357, ROBERT MULHERE OF RWA INC., REPRESENTING PARKLANDS DEVELOPMENT L.P., REQUESTING AN AMENDMENT TO THE PARKLANDS DEVELOPMENTOF REGIONAL IMPACT (Dm) AND REQUESTING A "PUD" TO "PUD" (PLANNED UNIT DEVELOPMENT) REZONE FOR THE PURPOSE OF REVISING THE PARKLANDS PUD DOCUMENT AND MASTER PLAN, TO ALLOW FOR A CONVERSION IN THE MIXTURE OF MULTI-FAMILY AND SINGLE FAMILY USES WHILE RETAINING THE CURRENTLY APPROVED RESIDENTIAL USES; ADDING AN ADDITIONAL 9 HOLES OF GOLF FOR A TOTAL OF 27 HOLES; ESTABLISHING A "ROAD CONSTRUCTION AGREEMENT" WITH COLLIER COUNTY FOR THE EXTENSION OF LOGAN BOULEVARD; REVISIONG THE ENVIRONMENTAL COMMITMENTS TO INCLUDE WETLAND PRESERVATION AND FLOW-WAY IMPROVEMENTS FOR PROPERTY LOCATED AT THE Page 102 September 9, 2003 NORTHEAST CORNER OF THE LOGAN BOULEVARD EXTENSION AND THE FUTURE EAST/WEST LIVINGSTON ROAD RIGHT-OF-WAY AND APPROXIMATELY TWO MILES NORTH OF IMMOKALEE ROAD(CR 846)- ADOPTED WITH STIPI IIJATIONS (BOTH PFJTITIONS) CHAIRMAN HENNING: Everybody take their seats, please. Next item is item- MR. MUDD: 8(A). CHAIRMAN HENNING: 8(A). This requires the participants to be -- everybody take their seats. This item is -- the participants is (sic) to be sworn in, ex parte disclosures by the Board of Commissioners. This is petition DRI 2000-AR-2358, Bob Mulhere, represent -- of RWA, representing Parklands Development, requesting an amendment of Parklands Development Regional Impact to allow the conversion of multi-family to single-family use while retaining the currently approved residential uses; adding an additional nine-hole golf courses for a total of 27 golf holes; establishing a road construction agreement with Collier County for the extension of Logan Boulevard; revising environmental comments, including the wetland provisions and flow-ways; providing -- improving -- for the property located on the northeast comer of Logan extension and the further (sic) east/west Livingston Road roadway and approximately two miles north of Immokalee Road, in Section 9, Township 48, Range 26, Collier County, Florida. MR. MUDD: Commissioner, this has an accompanying item, 8(B), which requires the same swearing in. And it's the PUD that accompanies the DRI with basically the same description. I just want to make sure they know that. Because as you do the DRI, you'll ask a lot of questions, no doubt, about the PUD. CHAIRMAN HENNING: Why don't we hear both of them at Page 103 September 9, 2003 the same time, we can do separate motions. And the people who want to speak on 8(A) and/or 8(B), please rise to be sworn in by the court reporter. (All speakers were duly sworn.) CHAIRMAN HENNING: Thank you. Ex parte communication by the Board of Commissioners. Commissioner Coletta? COMMISSIONER COLETTA: Yes, I've talked to the representative from the petitioner a couple of times and have received e-mails, and that's all available in my folder. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I have spoken with Mr. Mulhere, the representative of the petitioner. I have also received e-mail from Mr. Mulhere and some -- and Janet Vasey and others concerning this particular issue, and all this correspondence is in my file. And I spoke very briefly with Ms. Vasey concerning some of those issues. CHAIRMAN HENN1NG: I think I can state who I haven't spoken to in this petition. I know I haven't speaken (sic) to the Board of Commissioners. I do have a file of phone books, so maybe it's most of the correspondence from the residents up in that area. I've had meetings with the residents, I've had meetings with the petitioners. I even spoke to my wife about it, so -- Commissioner Fiala? COMMISSIONER FIALA: Yes. Thank you. I've spoken to Bob Mulhere, to Brian Farrar, to Mr. Basinait, to Janet Vasey, to Meggan Davis. I've received very little correspondence, compared to yours. And I think that completes it. I have everything in a file for public viewing. CHAIRMAN HENNING: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes, I've spoken to a number of homeowners that have been concerned in there by e-mail. I've also talked with Mr. Mulhere, I talked with the petitioner, and I've had Page 104 September 9, 2003 correspondence with Ms. Vasey. And I think that just about covers the gamut. I also have everything on file here that is ready for public view. Thank you. CHAIRMAN HENNING: Thank you. Would the petitioners please step forward. MR. BASINAIT: Good afternoon, Mr. Chairman, members of the board, my name is Charles Basinait, with the law firm of Henderson-Franklin in Fort Myers. Let me first say it's a pleasure to be here this afternoon. I appreciate the privilege to appear before you and to explain our project to you. With me today -- or actually, I'm the representative of the applicant in this case, Parklands Development, LLP. With me today is Brian Farrar, the director of planning for Parklands Development, LLP; Robert Mulhere of RWA is here; David Underhill of Banks Engineering; Ted Treesh of Metro Transportation Group; Byron Nelson, a noise expert with Southern Environmental Sciences. And ordinarily our environmentalist Ian Butler would have been here today, unfortunately he has been called out of town on a family emergency and will not be here. But we have -- Timothy Hall has been kind enough to step in. Timothy is an environmentalist from Tyrell and Associates, Inc. While he did not prepare the actual environmental report, Mr. Butler did, Mr. Hall is familiar with the report, he is familiar with the property, he's been on the property, and he's actually the environmental consultant for some of the adjacent property owners in this area, so he is well versed in the property and certainly is capable of answering any environmental questions that may arise. We are here today requesting an amendment to the Parklands DRI PUD. And if I may just -- and I'll try to make this very brief. The Parklands Collier project was originally approved back in 1985 for 2,410 residential units, of which 185 were slated to be Page 105 September 9, 2003 single-family, 2,225 were slated to be multi-family. Along with that, an 18-hole golf course was approved. In 1993, the DRI in the PUD was amended to delete approximately 324 acres of the site; in other words, about one-third of the site. With that deletion of acreage, the unit count was reduced by 807. Of those 807 units -- and just to reference this, Quail West, I think, obtained that property. They built somewhere between 300 and 400 units of the 807 that they received rights to. As a consequence, the current vested project known as the Parklands Collier project has the authority or the ability to build 1,603 residential units, of which 123 are single-family, 1,480 are multi-family. With that, we have an 18-hole golf course that has been approved as part of the construction, in addition to a park and a school site. With regard to the school site obligation, we've had ongoing discussions with the school board in Collier County. They have requested a slightly larger site than the 15 acres which is currently being proposed under the DRI and the PUD. We have assented to those requests to the extent that we have ongoing discussions, and we will resolve that issue. Suffice it to say that we are prepared to meet our obligations with respect to both the park and the school site in regards to this PUD/DRI. We are asking to amend the DRI PUD in the following fashion: And, again, I'm going to very briefly just delineate for you the requested changes. Mr. Mulhere will go through them in more detail with you. We are asking to insert a -- what is called a conversion chart into the DRI PUD documents, which would allow us to convert some multi-family units to single-family units. For each single-family unit that we obtain rights to build, over and above the 123 units currently Page 106 September 9, 2003 approved, we would reduce the overall density of the site by 1.667 units. Again, for each single-family unit that we obtain the authority to build over 123, we would reduce the number of multi-family units that we have the authority to build by 1.667. The reason for that is simply a traffic issue. And we'll go into that in more detail at some point here. COMMISSIONER COYLE: I'd like to clarify something here. There are substantial contradictions in the documents we've been provided concerning that conversion-- MR. BASINAIT: Yes. COMMISSIONER COYLE: -- factor. In our executive summary and elsewhere in the documents, it tells us that the total number of multi-family units will be reduced by two units, not 1.667. MR. BASINAIT: If I may, I'd be happy to clarify that for you. Initially our traffic impact statement -- and it was very preliminary in nature -- indicated that two units may be the appropriate reduction for the conversion chart. When we actually were able to complete TIS, the Traffic Impact Statement, and submit it to the county, it became quite obvious to everyone, including the county staff, that the proper conversion number was 1.667. Unfortunately, for some reason in your executive summary, the two-to-one conversion ratio was retained. That is simply an error. It shouldn't be there. And I think that your staff will certainly confirm what I'm telling you here. The actual and accurate conversion ratio is 1.667 to one. COMMISSIONER COYLE: sounds better. I like the two figure. It just MR. BASINAIT: I understand that. But the 1.667 is accurate. The reason -- the reason that we got there, Commissioner, if I may, is that our goal was to not increase traffic by virtue of this conversion. If we were going to add single-family units, which we're Page 107 September 9, 2003 proposing to do because of, quite frankly, what we see to be a need for the market, then what we wanted to be able to do is to be able to increase those single-family units but not increase the overall traffic counts that were going in and out of the project. The 1.667 reduction that we're talking about doing allows us to remain even or less than the traffic that we currently would have if we kept this current 1,480 multi-family and 123 single-family. So that's where the number came from. Does that help? COMMISSIONER COYLE: Yeah, I understand where it came from. MR. BASINAIT: Okay. Thank you. The next thing that we're asking to do is to add nine holes of golf for a total of 27 holes of golf on this project. We're asking to provide for the inclusion of the eastern portion of the site into the flow-way. There are four to five other projects in this area that are participating in this flow-way concept. We believe that that is an extremely important issue from an environmental standpoint for us to participate in. We're proposing to do that, and we're proposing to -- in addition to that eastern quarter of the site, we're also buying mitigation off-site, mitigation lands off-site, a half section of land. We're asking to provide -- or actually we are providing a construction schedule for Logan Boulevard which, based on comments that we've received from both the public and other members of your staff, we have accelerated that schedule somewhat for construction of the road. The principal aim or goal of that construction is to be able to build a road from the current terminus or the entrance to the Olde Cypress development north, ultimately to Bonita Beach Road to connect Immokalee Road and Bonita Beach Road together. The last thing that we're proposing to do, and this is something that your staff has asked and we think it's perfectly appropriate under the circumstances, is to update both the DRI and the PUD with Page 108 September 9, 2003 respect to the current terminology contained in your land development regulations and in the comprehensive plan. There has been no real comprehensive updating of the language in either the DRI or the PUD since its inception in 1985. Obviously there has been significant changes to the code since that time, some substantive, some not so substantive. But the fact of the matter is we're proposing to upgrade that language, or update it so that it more property reflects the current development regulations of Collier County. One of the issues that may be discussed here today relates to a potential impact of the construction of Logan Boulevard. And that is noise from the road. As a consequence, we've had two different noise experts look at this issue to see if it's really a problem or whether it's one of those things where it looks like it might be, but when you start doing the testing it really doesn't prove itself up to be. Again, Bob is going to go into this in more detail for you. But suffice it to say that the only place that we found any negative impacts from a sound generation standpoint -- and this is only potential, it's not even necessarily crossing the line, if you will, but it's close -- but that's in the area in the northwest comer of the Olde Cypress development. It's right in this area right in here. There are actually -- there's one home that's been constructed, one home that's under construction, and one home -- or rather one vacant lot. Those homes were built close enough to the right-of-way so that there may be some potential, at least, for at least the folks living there to feel like there's negative impacts. As a consequence, we have proposed to build a sound barrier wall in that area to alleviate that concern. What I would like to do, though, for your own edification is to hand out copies of our noise studies. We have two studies here. The first study that was done is this study here from Fagan Acoustical. I've just set it inside the second study, which was done by Southern Environmental Sciences. Page 109 September 9, 2003 COMMISSIONER FIALA: Mr. Basinait, may I ask, while you're talking about walls -- I'm sorry if I'm saying that -- MR. BASINAIT: No, no, that's correct. That's okay, don't worry about that. COMMISSIONER FIALA: You're talking about the walls to protect. I was wondering -- I think it's really appropriate to build the wall along Long Shore Lakes before the construction traffic starts going in there, and I was going to ask you if that's your plan. MR. BASINAIT: Actually, that's not our plan. That is something that G.L. had indicated to the Long Shore residents that they would be willing to do. But that, I think, is up in the air a little bit with respect to the maintenance obligations for both the wall and the vegetation. You will note from the report that I just gave you, if you looked at the last page of the bound copy of that report -- it's a table -- you're going to find that we don't trigger any negative noise impacts on the Long Shore side at all. We don't trigger any negative impacts on the Olde Cypress side, except for those three potential homes in the northwest. Nor do we trigger any negative impacts in the Quail Creek portion of this. And we've had that looked at by two separate experts. They've prepared independent reports. They have come to significantly or substantially similar results with their reports. COMMISSIONER FIALA: Are you using -- in these projections, are you using construction equipment to come up with this? Because that's of course what they'll be hearing for the next couple of years. MR. BASINAIT: Yes. Yes. Actually we've -- quite honestly, we've taken the worst case scenario from the standpoint of Parklands Development to generate the trips, to generate the construction traffic. We have done our trip analysis based on no other improvements to this area other than Logan Boulevard. So in other words, we haven't included 951, we haven't included the six-laning Page 110 September 9, 2003 of 1-75, nor have we included any particular improvements to Immokalee Road. What results is -- or rather what we have also done, though, is to take into account ultimate build-out of all of these projects in the area to their full maximum density. So if you will, we have got a situation which I don't think will ever occur. First of all, these developments sometimes build less than what their maximum density is. But moreover, those improvements, at least some of them, will occur. So I think if anything what you're going to find is the noise impacts will be even less than what we've estimated. At this time, unless there's other questions. COMMISSIONER COYLE: Yeah, but before we leave the noise issue, the 65DB standard for highway noise, measured on the LDN basis, are you taking into consideration any peak noise measurements? Because averaging it over a 12- or 24-hour period substantially reduces the impact of individual peak noise occurrences. MR. BASINAIT: As far as I know, we are. I mean, I understand what you're saying. There are going to be some spikes, if you will, in the noise generation. I mean, if you have a loud truck go by, for instance, I mean, there's no way from a noise measurement standpoint to stand there and say that you're never going to have anything above 65. The point is, are you going to experience many of those spikes? The answer is no, based on the trip generation counts that we've done. We believe that this is a very accurate representation of whatever noise levels they will ultimately be experiencing, based on the construction of the road. The other thing to keep in mind is that the 65 DBA or the 66 DBA, that's reduced significantly by virtue of that eight-foot wall being in front of the homes in the northwest comer of Olde Cypress. The further reduction is -- and I'm not suggesting to you that this is necessarily something you should take into account -- but if they're Page 111 September 9, 2003 inside their home, you can presume a 20-foot DB reduction interior to the home, just in relation to anything that's occurring outside. So there are -- it's a graduated system, and I think the answer to your question is yes, there are going to be spikes, they're not going to be frequent, certainly, and we don't think that that's representative of the overall noise levels out there. COMMISSIONER COYLE: In your model, did you actually collect independent incidents of noise generation, or does your equipment just take the noise over a period of time and average it? MR. BASINAIT: It's a model that was used to prepare the results that you see here today. Honestly, I don't believe that he went out and tried to individually take noise counts for spikes, for things of that nature. The equipment itself, the model itself is going to have those things built into it. COMMISSIONER COYLE: Okay. All right, thank you. CHAIRMAN HENN1NG: Mr. Basinait? MR. BASINAIT: Yes. CHAIRMAN HENNING: The planning commission made some certain stipulations. Could we go through those now? MR. BASINAIT: I'd be happy to do that, although Bob was going to discuss those during the course of his presentation. But whatever is the board's pleasure. CHAIRMAN HENNING: That's fine, I can wait. MR. BASINAIT: Whatever you'd like to do. CHAIRMAN HENNING: If Bob is only going to take five minutes, I understand. That's fine. MR. BASINAIT: If Bob takes five minutes I'll be amazed. Bob can't say his name in five minutes, Mr. Chairman. At this time, I would like to ask Mr. Mulhere to come up. Bob is going to go through with you our request in somewhat more detail. Certainly we have other experts here, as I said, to answer your questions, but we're going to make every attempt to keep this as brief Page 112 September 9, 2003 and concise as we can. We know that you have a long day today and we'd like to give the opportunity to get through that. So thank you very much for your time. MR. MULHERE: Thank you. For the record, Bob Mulhere with RWA. I suppose the good news is that based on your questions and Chuck's presentation, I can start by eliminating several pages of my presentation. I just want to reiterate briefly the requested changes. Again, primarily the issues are the conversion table, the addition of nine holes of golf, the establishment of the construction schedule for Logan Boulevard. And really, I don't want to under-emphasize the substantive nature of all of the changes that have been requested in the PUD and the DO as a result of the fact that that is a 20-year-old document. So bringing all of that nomenclature up to current standards is the result of requests from the staff. Actually, it resulted into a pretty substantive work product. I'd like to start out by discussing some of the environmental issues, and want to let you know that we have met over -- this has been really a three-year process, maybe just shy of three years. During that time we've met with obviously all of our neighbors, members of the public, and also with a number of environmental groups. We met with the Conservancy of Southwest Florida, we met with Nancy Payton of the Florida Wildlife Federation, Brad Cornell of Collier County Audubon. And on Brad's suggestion, we met with Ed Carlson of Corkscrew Swamp Sanctuary as it related to looking for ways in which we could enhance our on-site preserve to increase wading bird habitat for wood storks -- for wading birds in general but primarily for wood storks. And I'd like to step over to an exhibit and demonstrate some things for you. MR. BASINAIT: If I may, Charles Basinait, for the record. Just as a follow-up to Commissioner Coyle's question on the Page 113 September 9, 2003 noise study, we took the -- if you will, the peak hour to do our modeling. In other words, we took the one hour that was going to have the most traffic, was going to be the loudest, and that's how we modeled it. As opposed to taking a 24-average, we took a one-hour average. CHAIRMAN HENNING: At the 2025 plan? MR. BASINAIT: Yes. COMMISSIONER COYLE: Thank you. MR. MULHERE: Having met with those representatives of the various environmental groups, we took their suggestion. Just to let you know, this preserve area here to the east of the proposed Logan extension, approximately 141 acres, I do want to mention that although we will be impacting some wetlands in this area here, they are significantly disturbed with exotics and there was a very hot fire that occurred. And when that does occur in this area, the result oftentimes is an increase in the amount of exotics that grow back. And that's exactly what occurred here. We will be cleaning, obviously, all those exotics out, both in the development area and within the preserve area. In addition, as mitigation, we have purchased and will donate a half section of land which is located within the Crew Trust mitigation area. And this is very desirable land, it's very pristine in its nature, but we will also remove the exotic growth that does occur out there, as well, as part of that donation process. What we found out after talking to Mr. Carlson was that if we could in the permitting process create a number of shallow wetland areas, that is the kind of habitat that wading birds, in particular wood storks, can utilize to the greatest degree. Any large lake or open lake that is, you know, fairly deep really doesn't provide the kind of habitat, feeding habitat particularly, that the wood storks and other wading birds need. I don't profess to be an expert, this is information given to us by others. Page 114 September 9, 2003 So this design here does incorporate a number of restoration efforts for additional wading bird habitat area. In summary, as far as the environmental issues go, we did go to the environmental advisory council, we did receive a unanimous approval from the advisory council, environmental advisory council. In terms of water management, as I think Mr. Basinait indicated to you, and I'll try to summarize here -- David Underhill, who is the civil engineer for the project for Banks Engineering, he's here if you have specific questions. But we are participating in the flow-way. We do have our South Florida Water Management District permit that has been issued. And that does require us to participate in that flow-way. We are providing significant recharge and buffer area to the flow-way, the Mirosol (phonetic) flow-way. We also have individuals present that can provide you with some additional information on that flow-way, should you feel the need. But certainly we won't do that -- we won't take the time unless you feel the need for that. I guess that brings us to the Logan Boulevard extension issue, which you are very familiar with now, having sat through quite a bit of discussion in your previous item. I do have a couple of exhibits I'd like to share with you. Excuse me, I don't know how well you can see this exhibit, but this is the original master plan, Exhibit H, from the 1985 approved development order. And this is labeled here Carol for Bonita Beach Road; formerly Bonita Beach Road was referred to as Carol Road. And as you can see, that does show a connection through the project down to Immokalee Road. So I did want to let you know by demonstration of this original Exhibit H master plan, there always was an intention for a connection as part of this project between Bonita Beach Road and Immokalee Road. This portion is of course the portion that was removed from Page 115 September 9, 2003 the project and sold off. COMMISSIONER HALAS: When was that again, proposed? What year? MR. MULHERE: 1985. COMMISSIONER HALAS: Thank you. MR. MULHERE: Over the years, various county plans have shown the Logan extension in different forms, in different generations. This is the 2025 long-range plan, and it does show an extension right here of Logan Boulevard. Not exactly in the exact same format that we proposed it, but nevertheless, it does depict a connection to Immokalee and ultimately to Bonita Beach Road. CHAIRMAN HENNING: Bob, can you tell me, and maybe staff can, in my document, the construction schedule, is that in DOA or the amendment of a DRI? MR. MULHERE: It's an amendment to the PUD. CHAIRMAN HENNING: PUD amendment. MR. MULHERE: Yes. And I have a copy of it I can show you. I'll put it on the visualizer. I'm getting to that. Just another example of another map that -- this is the 2025 plan that also depicts a connection, an extension of Logan Boulevard north. And finally, this is a map that was used during the CR 951 project development environmental study extension, and this map actually shows the alignment that -- in a similar fashion to what we're proposing right now for connection. As Mr. Basinait indicated, we did hire two independent noise experts who did conduct a study. And I won't spend time going over that. I think the results are in your packet, and I do have them able, if you wish to have any further discussion on that. We recognize that there would be some concerns relative to Logan extension. Obviously we recognize that up front and certainly we knew that through our discussions with folks. And that is why we Page 116 September 9, 2003 have participated and been involved in numerous meetings in trying to resolve those issues as best we can. Largely those issues were dealt with in the item just before this one, but we felt very confident that the agreement by -- the agreements put in place by G.L. Homes relative to Long Shore Lakes and the agreements put in place by Olde Cypress really significantly went the distance to mitigate potential impacts from this roadway. Also, I don't know that it was specifically discussed, but Parklands, in addition to agreeing to construct the roadway in accordance with the roadway construction schedule that's part of the PUD, to the tune of $15 million plus, is not requesting any impact fee credits. That dollar figure includes impact fees that would be paid, plus roadway impact fees that would be paid, plus construction costs. In addition, we will install a sound wall where homes are very close to Olde Cypress. There is a portion along the northern part of the Olde Cypress where the homes are very close to the proposed roadway, it's about 775 feet. So again, we do agree to installing a sound wall in that location. The actual schedule itself-- the actual schedule has been expedited from our original recommendation, as we work through with staff, and it calls for three phases: The first phase commencing in spring of 2004 and being completed in spring of 2005; the second phase starting in fall of 2005, being completed in 200 -- spring of 2007; and the third phase starting in fall of 2007 and being completed in 2008. Of course it's in our best interest to try to expedite that as much as possible, and we will do that. But this schedule, absent any unforeseen circumstances, is certainly achievable. The -- one thing I'd like to add as far as the construction schedule goes and as far as other issues that have been raised, in addition to the roadway itself, folks have raised issues relative to -- as I'm sure you're all aware, relative to construction traffic. And I Page 117 September 9, 2003 will go over the planning commission's specific recommendations. One issue relative to construction traffic will be a question of how construction traffic will access the project. And we have agreed to try to expedite and construct a construction access from Lee County so that construction traffic from the north, from Lee County, can access the site from Lee County, from Bonita Beach Road. And of course we would assume that the construction traffic from the south along Immokalee Road would be able to access the site from Immokalee Road. We recognize that they will also be serving, for example, Terafina or Olde Cypress, for those portions that are undeveloped in Olde Cypress. So we have agreed to do that. In addition, we have agreed to generating all the roadway construction related fill for the first two miles of that roadway from the site itself. Of course, to do that, we will need an early work authorization to dig our lakes so that we can use the fill to build the roadway. Just a couple of issues. The first mile or so is already -- doesn't require much fill. It's already fairly well compacted. It will require a finished grade, or semi-finished grade, and then after construction a final finished grade. We will of course maintain a dust-free surface during that construction process will as To the extent that any agreements no reason why we can't install the wall well. are in place for the wall, I see as we construct the roadway, to the extent that those agreements end up being in place. We may want to hold off on the landscaping until the roadway construction is done, because would probably be detrimental to the landscaping. I was talking about the fill. We will generate that fill from on-site. We've done the preliminary calculations. We think that we can -- we know that we can generate the fill necessary for the first couple of miles of roadway from on-site, so they will not be coming up from Immokalee Road, they would be coming down from our site to construct a roadway. Page 118 September 9, 2003 We also think that we will not need a great deal of additional fill for actual pad and residential construction, but we can't be sure of that. We may need some additional fill as we move through the actual construction process. We met -- when I say we, representatives of the developer met with Lee County staff yesterday in an initial meeting regarding construction of that construction access south from Bonita Beach Road. The meeting went very well. There were no objections represented. Of course, we have to go through the process, which in Lee County they call development order process, and that will take some time. We are in the process of moving through that process. So we're serious about expediting that and constructing that construction access. I guess -- really I think that the other issue is the school, and I just wanted to spend a minute. The development order requires us to donate a 15-acre school site. And it also requires that we donate or provide a cash payment in lieu of a 7.5-acre -- or 7.25-acre park site. And we have been meeting with the school board for some time. We're not asking to remove those requirements or those conditions. They will remain in effect in the development order. But in meeting with the school board, they indicated -- first of all, the original location -- I should just let you know for one minute that when this was originally approved, there were only 10 acres of wetland on-site. Ten acres, by the jurisdictional determinations in 1985. Currently there are 291 acres of wetlands on-site. So things have changed quite a bit. The location of the schools where the school location (sic) is in an area that is currently a pretty nice wetland. So obviously that location had to be moved. We met with the school. They indicated that they would like to have more acreage than the 15 acres that the DRI requires that we donate to them. And we have settled on somewhere between 20 and Page 119 September 9, 2003 25 acres. We actually have gotten correspondence from the school board. In fact, this morning, and I have copies of that for you, one for the clerk and one for the county manager. Bottom line is that they obviously offer support and no objection to the petition. We've made a commitment for a minimum of 20 acres. They may decide they want some more. It's a fairly short letter. I think you can -- and this will be an exhibit to the PUD, it will Exhibit B attached to the PUD. Yes, Commissioner Fiala. COMMISSIONER FIALA: Bob, what are you doing on-site to build moderately priced dwelling units to house the teachers in that school? MR. MULHERE: Yes, the intent is to develop a mixed product. And that is part of the reason why I think a conversion matrix will work to assist us in doing so. Obviously, in order to be able to develop a mixed product on the site, multi-family, single-family, various pricing points, and we really haven't had the chance to test the market. We didn't even have access to this site. We still don't. It's been kind of separated since its original approval in 1985. But the timing is now here. I will tell you that it's our intent to provide a mixed use product type. And there are other opportunities in the nearby vicinity for the same type of mixed used housing product type, both in Collier County and Lee County. So I think that providing the conversion matrix allows us the opportunity to develop perhaps some single-family that will also generate the revenues that will be necessary to then go in and develop some multi-family. And I think it will be a mixed use project. As far as the school board goes and the park site -- which remember, there's a 7.25-acre park site requirement -- we're not Page 120 September 9, 2003 reneging on that requirement. I did speak with John Dunnuck earlier. That requirement will still be in the document. But we do appreciate the efficiency of perhaps co-locating those types of services. And if you're going to have a 20- or 25-acre school site, I think you're probably aware that the county works very closely with the school board for co-utilization of those recreational facilities. We have been suggesting a meeting with the school board to come to the same terms, and we will work with county staff so that the result is that there will be an appropriate co-utilization of this. One other thing I did want to point out, that 20-acre parcel is roughly in this area here. This aerial photo was developed and this aligner (phonetic) was depicted on it. Prior to us finalizing it or making some final arrangements for the school board-- and Mr. Mudd will remember that he suggested that we try to straighten this out a little bit one meeting. And in fact we are going to do that, so that it will be a safe opportunity for traffic, school buses, et cetera. So that will be straightened out a little bit. That is not a true representation of the angle of that particular turn in there. This was made several, several months ago. COMMISSIONER FIALA: Such an odd bump in the road. CHAIRMAN HENNING: Would you pick it up a little bit, Bob? MR. MULHERE: Yes, I'm just about ready to conclude. I think that does really cover all of the issues. I just wanted in summary to get to the planning commission recommendations, which I'm looking for right now. In summary, the project will result in permanent protection of 477 acres of jurisdictional wetlands, when you include the off-site mitigation location. It will provide restoration for wading bird habitat enhancement, particularly for the wood stork. It's consistent with all the goals and objectives of the policies of the comprehensive plan, the LDC, and the planning commission also heard this petition Page 121 September 9, 2003 and unanimously recommended approval. Now, I have the planning commission recommendations here, and they include a requirement for all construction access to access the site from Lee County. You know, we felt that that was not something that we could agree to. We felt that would certainly not be fair to Lee County and the City of Bonita Springs to require traffic that might be coming from Immokalee or south Immokalee Road to go all the way out to 1-75 and drive all the way north, come across Bonita Beach Road and then come into the project. We certainly think that the traffic from the north should enter the project from the north and hence, the negotiations to create a construction access from Bonita Beach Road. But we feel the traffic entering the project from Collier County should be able to enter it just as the same traffic will go up to Terafina or Olde Cypress through Logan Boulevard extension. CHAIRMAN HENNING: Bob, before you continue on that one, I don't think anybody has a problem with the carpenter driving a pickup truck with a hammer in the back of his pickup truck coming from Golden Gate Estates to use this Logan. The big heartburn is heavy equipment. You know, the dump trucks, the cement trucks or whatever those big vehicles, and whatever kind of mitigation that is going to take place as far as a wall is not going to take care of those impacts. I just want to put that out there. Commissioner Coyle, then Commissioner Coletta. COMMISSIONER COYLE: Yeah, Bob, I'm making reference to the letter from the Long Shore Lake board of directors -- I think you might have a copy of it -- concerning the requirements they would like to see included in approval. And I've heard you go over a number of those. I would just like to summarize. MR. MULHERE: Yes, that would be fine. I don't have a copy with me but -- COMMISSIONER COYLE: Okay, let me just read them. And Page 122 September 9, 2003 then I was just able to hear your presentation from the back room, so I understand what you've gone over, mostly. But number one was to build the access off Bonita Beach Road. And hopefully, as the Chairman suggested, we'll get the heavy equipment coming in through there. The second one was to use the fill from the lakes for the building of the road. You've agreed to do that. You've agreed to provide adequate and effective landscape buffering along Logan Boulevard extension between Long Shore Lake and Olde Cypress. The maintenance is still an issue. MR. MULHERE: Yes. COMMISSIONER COYLE: And there are two, perhaps three other items that are mentioned here I'd just like to get your opinion of. One is the limit -- limiting Logan Boulevard extension, the two lanes between Long Shore Lake and Olde Cypress in perpetuity. I think that's done, because I don't think we have any more right-of-way. Limit the speed limit to 25 miles per hour on the two-lane portion of Logan Boulevard extension. I think that probably is not feasible if it's going to be used for any kind of roadway at all. But the other item is prohibit general use of the road to traffic until the first lift of asphalt. MR. MULHERE: As far as the two-lane, I agree with you that to me, you know, there's really no opportunity to acquire additional right-of-way where it's limited in the first mile. I guess folks could have a concern the second mile. But it has been designed as a two-lane roadway. If this board puts a condition-- because really it's going to be up to the county, because we're going to donate the right-of-way to the county. Same thing with the speed. In terms of the speed, one good thing is that there are relatively few access points along the roadway. Page 123 September 9, 2003 Of course, we assumed that the speed limit would be in the general vicinity of 3 5 miles per hour, but I'm not a traffic engineer and I think that really ends up being up to the county as to what speed they would post that. As far as -- let's see, the last issue that you raised was the general use of the road until the first lift of asphalt. MR. BASINAIT: I just want to -- for the record, Charles Basinait. Keeping in mind that we have -- actually have to be able to construct the road, there's going to be a certain amount of traffic out there for road construction. If you're talking about project access, I mean, that's a different thing. I mean, we haven't looked at it from that standpoint. Our intentions were to create an environment where it would be a dust-free environment on the road, certainly. And if that's what this intention was, then we can -- if it's not this, certainly we can come up with some, I'm sure, adequate means to create a dust-free environment out there and still allow us to use that road for certain purposes. COMMISSIONER COYLE: But public use, would -- MR. BASINAIT: Public use? Public use is not a problem. I mean, we're not -- that's not a problem at all. We never even anticipated, quite frankly, public use of the road until at least the first lift the asphalt. COMMISSIONER COYLE: And you will take measures to assure a dust-free environment-- MR. BASINAIT: Yes, of course -- COMMISSIONER COYLE: -- of that road during the construction? MR. BASINAIT: Of course. Again, we're looking for ways to try and ameliorate any potential concerns out there, and that's one of those things. And we'll do the same thing on the construction access from Bonita Beach Road. Page 124 September 9, 2003 If I could, when Bob is finished, there's a couple of comments I'd like to make very briefly, but I would like to make a couple of comments. MR. MUDD: Commissioner, just -- Jim Mudd, for the record. This is a two-lane boulevard, it's got a median in between, somebody's going to make a right-hand mm, it's going to be a throat distance, they'll be able to make a right-hand mm. If they need to make a left-hand turn they'll have throat distance, and it will be cut into the median so they can make the left-hand turn. So you've got a through lane going north and you got a through lane coming south. So I just want you to visualize that. Don't think of it as that country lane, two-laned road. This is a two-lane road that -- COMMISSIONER COYLE: Boulevard. MR. MUDD: Boulevard. MR. MULHERE: Orange Blossom, I think, has a similar design, if you would-- if that helps you understand. CHAIRMAN HENNING: Commissioner Coletta, do you have anything? COMMISSIONER COLETTA: Yes, I did. I'd like to go back to the northern entrance of Bonita Beach Road. Of course, I don't think it would be practical to be able to tell the trucks that are filled with fill that would be coming from Immokalee that they have to drive all the way down Immokalee Road, get on a 75 exit, which is already impacted, and then get off again at Bonita. That seems kind of contrary to what we're trying to accomplish in this world. But can we have some sort of assurance from you that the majority of the traffic will be coming there that's carrying fill, possibly from the pits to the north? MR. MULHERE: Yeah. You know, the only -- the difficulty in that is -- I think there's a couple of things, generally. Number one, you know, if we limit where we get the fill from, we've basically limited the free market system and we've basically said, okay, you Page 125 September 9, 2003 know, we're yours, tell us what you want and here's where we're going. I mean, and it's a real serious concern. The second thing is that in Lee County currently right now most of the fill, my client tells me, is going to provide for the buffer -- the berm that's being constructed along 1-75 -- I forget the name of the project right now, but I'm sure you've seen it, it's layered and there's trucks and trucks of fill going there. And we don't know where the best value of the fill is going to come from, whether it comes from Collier County or it comes from Lee County. But that's certainly where we would go. Because we'll go enter into a contract with a fill provider and he'll, you know, find the location where he can provide it in the closest proximity so it doesn't cost as much. And it's in his best interest to do it that way, too. COMMISSIONER COLETTA: I understand where you're coming from, but there's other factors that enter into this that have me concerned. One, Immokalee Road is going to be severely impacted during construction. And all of a sudden if we have a whole new element of construction taking place where they have to draw fill from that area, it's going to mean even more of an impact. Now let me finish. What I'm getting at is the fact that there's got to be a better way. I know that we have within our ordinance the ability that if the roads become impacted in an unsafe way, we can put restrictions on the trucks and the fill pits, if I'm not mistaken. Would you comment on that, Mr. Weigel? Give me some measure of comfort? MR. WEIGEL: Pardon me, Mr. Coletta. Your question is in regard to looking for a measure of comfort concerning the trucks that are carrying excavated materials? COMMISSIONER COLETTA: If an emergency situation develops or the roads become so impacted that a very dangerous Page 126 September 9, 2003 situation arises from the use of the road for the excess fill that will have to be drawn from the Immokalee Road area to be transported, do we not have the ability to be able to put certain restrictions on travel to be able to assure the safety of the public? MR. WEIGEL: Yes, the answer is yes. And you can act or react as conditions may dictate at any point in time through a formal board meeting action to restrict and provide limitations, as necessary, to regulate for health, safety, welfare reasons for the road. You can do that. COMMISSIONER COLETTA: Thank you very much. That takes care of my question. Unless you had a further comment about the entrance to the north. MR. BASINAIT: Well, two comments, if I may. One is that as we are going to do with the southern two miles of the road, we're going to use our best efforts to take as much fill from the site itself and utilize it both for the road and for the on-site infrastructure development and home pads, as much as we can. We're going to be requesting from the county the early work permits; we're going to be requesting from the county some cooperation with respect to the size of the lakes, for instance. If we can dig those slightly deeper, slightly larger, we can get more fill on-site and decrease the off-site impacts by doing that. CHAIRMAN HENNING: Mr. Schmitt's going to have to answer to us whether he can make that happen. MR. BASINAIT: Yes. But it is in the PUD, I think, to allow us to do those things. Now, having said that, there may still be a time when we're going to have to go off-site to get some fill. But again, we're going to try and maximize -- it only makes sense for us to do this -- try to maximize the amount of on-site fill that we can get. As we indicated to you before, we are going to implement noise -- or not noise but dust reduction efforts. We're going to indicate Page 127 September 9, 2003 clearly to the contractors that any Lee County contractor should come from the north. And I will tell you that I was one of the folks that met with Lee County folks yesterday and talked to them about this construction access. And they were pleased to cooperate to the extent that we were talking about Lee County traffic. If we start sending Collier County traffic, or attempt to send Collier County traffic up there, I can't tell you that they're necessarily going to be in a very cooperative mood with respect to permitting this construction access road. I'm only telling you this because I don't want to get put in a position six months down the road where Lee County tells me, I'm sorry Chuck, but we can't do this, we can't allow all the construction access from Collier County to come up through Lee County. It just doesn't make sense to us. Moreover, I suspect the City of Bonita Springs is not going to look very favorably upon that either. So while I recognize the concern that you've raised here today, I would suggest to you very respectfully that we are going to do our best to minimize those impacts by splitting the traffic, by implementing dust reduction features. We're going to, as we've indicated -- and maybe I didn't make this clear before -- but we're going to fund the construction to Olde Cypress of that wall in the northwest comer. That doesn't include landscaping along that corridor, just that wall in the northwest comer. So we're doing quite a few things here to try and ameliorate those concerns. We live in an urban society down here where there's a lot of growth going on, and so everyone has this problem on a fairly continual basis. And I can appreciate it, but there's only so much we can do to try to ameliorate it. COMMISSIONER COLETTA: I understand it, there's certain limits to what you can do and still make a profit. There's one thing that you may have already covered, but I can't Page 128 September 9, 2003 recall hearing it. The hours of operation, when you're operating along the road where it's going to be by Long Shore and Big Cypress, what are going to be the hours of operation, and will you be closed on. holidays, so there'll be no misunderstanding? And there is no intention to be doing work at night; is that correct? MR. MULHERE: That's correct. We would operate consistent with the county's provisions, construction provisions, to prohibit those activities on holidays, Sundays. And I think the hours are 7:00 a.m. to 6:00 p.m. I could be wrong on the hours. But there is an ordinance, we would comply with it. Now, the only caveat I would say is I would assume that the quicker we get done, the less inconvenience to folks that live along there. I'm not asking to work on the holidays. I'm just saying sometimes there are road construction activities that can take place outside of those hours that are not as -- COMMISSIONER COLETTA: That's correct, but not between Long Shore Lakes and Big Cypress. MR. MULHERE: Understood, understood. CHAIRMAN HENNING: Mr. Mulhere, are you done with your presentation? MR. MULHERE: Well, there was a couple of planning commission -- I didn't -- you know, just to get them on the record. I only went over one or two. The recommendation was to look at the possibility of relocating the road over the section line, and we've already addressed that through the 1 O-foot, you know, donation. We didn't really need to relocate the road, we just needed a 1 O-foot buffer strip, which we end up getting by the county accepting that from Olde Cypress. Committing to use fill from on-site for all needs, we've agreed to. Providing additional landscape buffers where residential houses are present, that is an agreement that is really a three-party agreement: It's G.L., Olde Cypress and Ronto. Page 129 September 9, 2003 Limiting the road to two lanes, and we've discussed it, that really becomes a county issue, that we have no objection to that and that's what we anticipate. And installing a concrete structural barrier in the area of the homes located close to the northwest corner, which we do agree to. So that really is the summary of the planning commission's conditions and recommendations of approval. CHAIRMAN HENNING: Mr. Basinait, Mr. Mulhere, I think you've heard the concerns of the Board of Commissioners as far as the heavy truck traffic. So something you might want to consider is the construction of the road -- you know, you're going to use that material as much as you can from your site. Any other site, you know, the screened lime rock or whatever, or the asphalt or cement or whatever, maybe would be -- it's okay if it comes from Collier County, that type of construction traffic. But the construction traffic that is developing your site, you might want to consider that all coming from Bonita Beach Road. Just something to consider. And I'm sure that some of the residents will get up and give some direction to the Board of Commissioners where we need to go. You don't have to comment on it. MR. BASINAIT: Okay, I won't. CHAIRMAN HENNING: Why don't we go to the public speakers. MR. MULHERE: Could I just add one thing, Mr. Chairman? Just in speaking with my client, just as evidence of the commitment to use the on-site fill first and exhaust that, we would agree to demonstrate to the county staff, through the provisions of the right-of-way ordinance and the lake excavation ordinance -- not the right-of-way but the lake excavation ordinance, we would agree to demonstrate that we in fact have exhausted those provisions, given the design of the lakes, before we would attempt to use any off-site fill. Page 130 September 9, 2003 So we would go through a process of demonstrating that we have exhausted -- it's very possible that we will need very little off-site. CHAIRMAN HENNING: Thank you. MS. FILSON: Mr. Chairman, we have four speakers. Tony Pires. He will be followed by Meggan Davis. MR. PIRES: Members of the commission, Anthony Pires, Woodward, Pires and Lombardo for the Long Shore Lakes Foundation. And the board has quite extensively, and Bob and Chuck's presentation, has quite extensively covered a number of the topics that Long Shore Lakes has an interest in. And obviously it is the roadway again, Long Shore -- Logan Boulevard extension. And we heard the developer agree to certain conditions, and trying to get some clarification on certain points. My understanding is that the portion of Logan Boulevard extension, the first mile or so, is not a divided roadway, that it is planned on being a two-lane roadway but not divided. There might be a divided segment further north than that. So in order to act more like a local road, we believe a 25 mile-an-hour speed limit in that segment at least would be an appropriate speed limit. We heard the discussion that that might be too slow for that roadway, since it is now -- the rest of it functioning as a collector coming from Bonita Beach Road down to Immokalee Road. But at least between Olde Cypress and Long Shore Lake we respectfully request a 25 mile-an-hour speed limit. Because if it is a collector, unfortunately under your transportation element of your comprehensive plan, if you call that segment a collector it loses its ability to have any traffic calming. That whole transportation management planning I think goes away for arterials and collectors. So if you treat it like a local road, have those kinds of traffic calming techniques, 25 miles-per-hour, we Page 131 September 9, 2003 would greatly appreciate that. The construction time frames for limitation of construction, heavy construction equipment and vehicles, we think that would be appropriate. We understand, like Bob said, it's 7:00 to 6:00, and sometimes it's even earlier. And they can ask under certain circumstances for earlier hours from the staff. But we believe an 8:00 to 5:00 time frame, 8:00 a.m. to 5:00 p.m., would provide them the opportunity to get their work done. Most of the people will be up and about and doing their business and not be disturbed in their homes. The limitation on the extension of Logan Boulevard being two lanes in perpetuity, once again, we've heard that extension discussion, they don't wish to stipulate to that. We think the best protection would be that type of stipulation, because someone may decide to come up with an opportunity in the future to change that. But that once again is the board's discretion. The ability -- and the prohibiting general use of the road to traffic until the first lift of asphalt I think was one of the other requests, and I don't believe I heard Bob address that particular request. The requiring the developer, most importantly, to build an access off of Bonita Beach Road to be used as exclusive access for construction traffic, both vehicles and equipment, vehicular and materials, exclusive of laborers, we believe is an important feature, as the board has already expressed that. And that's something that's very critical, we believe, to maintain the integrity. I think your transportation element even -- your 2025 plan would even be achieved in implementation because Objective 4.2 says, to minimize adverse noise impacts and other effects by new roadway projects and new projects. And this helps make this project compatible with existing residential communities. You've addressed the adequate and effective landscaping. Page 132 September 9, 2003 Obtain the fill required from the lakes, we believe that's very important. And one other aspect, with regards to the noise study, I guess I heard Chuck mention that the noise study indicated that the construction traffic was taken into account. I didn't see that in the noise study. I believe the noise study indicated that the noise levels were projected to the 2025 level. And I didn't see anything in there for construction traffic. We believe that these various steps to be taken, limiting the utilization of the roadway for construction equipment, heavy equipment, provide the buffer, obtain the fill internally, limiting the hours of use, prohibit general use of the road to traffic until the first lift of asphalt, would -- and limiting the speed limit to 25 miles per hour would greatly help the situation concerning Long Shore Lakes. We appreciate your good questioning of the applicant and good extraction of concessions and items that make the other communities maintain their good qualify for residential living. COMMISSIONER FIALA: I'd like to jump in here and just say that's probably because Commissioner Henning has been working so closely with them. MR. PIRES: That's right. COMMISSIONER FIALA: And we appreciate that. And we're also -- we have also been very concerned with the needs and wants of the surrounding neighborhoods, and we've tried to be very sympathetic to that. MR. PIRES: We appreciate that. And if I missed anything, I'm sure I will be advised by my client. But the board has once again asked the right questions and tried to obtain the appropriate concessions, and we believe they are critical and important for the quality of life. CHAIRMAN HENNING: Question, are you okay with the construction schedule of this roadway? Page 133 September 9, 2003 MR. PIRES: As far as time flame? CHAIRMAN HENNING: Yes. MR. PIRES: I don't believe that we have any difficulty. If we do, I'm not aware of any difficulty. No, we have no difficulty. CHAIRMAN HENNING: All right. Thanks. MR. PIRES: Thank you very kindly. MS. FILSON: The next speaker is Meggan Davis. She will be followed by Nancy Payton. MS. DAVIS: Good morning again. Meggan Davis, vice president, Long Shore Lake board of directors. I'm not going to take up much of your time, because our attorney really hit on everything that was important to us to mitigate the impact of the road for our community. I just did want to say that those same issues that have been brought up, we have 419 petitions that were signed by homeowners at Long Shore asking for your support and your advocacy on this issue. And secondly, I would like to say that during my meeting yesterday with Commissioner Coletta, that we -- Long Shore Lake is committed and will offer to the county any support to get 951 built. 951 -- expediting 951 will provide relief on that road. It will be -- it makes it -- it's a more natural north-south corridor. As this road is currently planned with the alpine turns, I mean, I just don't think that given the choice of having 951 people will choose to travel this road. So we're committed to letter-writing, lobbying, whatever it takes to it done, because we think that 951, the eastern part of North Naples needs relief. It will provide relief at the 1-75 corridor. And it's just a win-win situation. And if there's any support that we can give as a community to the county to help this happen, we make ourselves available. COMMISSIONER COLETTA: If you could convince the lady behind you, we'd be all set. Page 134 September 9, 2003 CHAIRMAN HENNING: Ms. Davis, are you okay with the construction schedule? MS. DAVIS: Yeah, we are. And just one minute. I would like to say that we have worked very closely with Commissioner Henning, and he has worked very hard for his constituents in our community, responded to us when we've called. He and his staff, as well as other county employees. And especially Don Scott and Pam Lewis, very, very happy for the type of response that we've gotten to (sic) them. Always gotten back to us within 24 hours, so we appreciate that. CHAIRMAN HENNING: Next speaker? MS. FILSON: Next speaker is Nancy Payton, and she will be followed by your final speaker, Carol Wilsey. Oh, we have one more. MS. PAYTON: Good afternoon. Nancy Payton, representing the Florida Wildlife Federation. And as Mr. Mulhere mentioned, we have met numerous times, I've lost track, with representatives from Parklands, and they've kept us updated on the planning effort and answered our questions. They've been very attentive to our request for additional information, data and maps that help illustrate the regional significance of this particular project. I did perk up today, though, when Mr. Mulhere mentioned about the design that would benefit the wading birds, and then Mr. Basinait referenced the effort to have wider and deeper lakes, and I just hope that there's not going to be a conflict there. Not in the preserves, very good, then that's resolved. See how quick they are to address issues? Florida Wildlife is particularly interested in the mitigation plan that complements the efforts of the Crew Trust, contributes to a regional land buying effort, and enlarges the Mirasol Preserve. This benefits not only wading birds but panthers, black bears and other Page 135 September 9, 2003 wildlife. I must note that Parklands is within the urban boundary, and this is where new growth should be directed, because this is where there will be, there is the infrastructure to support new residents. I must clarify also that FWF does not generally come and support rezones or development projects, but I felt compelled to come and share our experience with you and how positive it was working with the Parklands representatives to address our limited concerns. We agree with county staff and the Environmental Advisory Council that the project is consistent with our Collier County comprehensive plan, its conservation and natural resource protection policies. Thank you. COMMISSIONER FIALA: Nancy, I was really impressed too that the EAC passed this thing 7-0. I mean, that's impressive in itself, given its location. So thank you for your -- MS. PAYTON: Yes, indeed. Thank you. MS. FILSON: The next speaker is Carol Wilsey. She will be followed by your final speaker, Kevin Rattery. MS. WILSEY: Thank you. For the record, Carol Wilsey. Again, I'm one of the directors of the Olde Cypress Homeowners Advisory Council. I have fairly -- I tried to make this succinct, so I put it into a power point presentation. And bear with me, this is brand new equipment. For you guys too, so -- I did put it in a hard copy, so if you'd like, you can take notes as we go along. Before I begin, let me say for the record that we are not opposed to the Parklands DRI or DO or any of the outlined wonderfully planned things that they're going to be doing here. I mean, we know that it's probably going to be a very pretty development. Our big issue with it is the road. Our -- and that's going to be the gist of my presentation. Page 136 September 9, 2003 We've never been given copies of the sound studies by the way, so I can't know at this particular point whether to take issue with any of it or not. So I have to admit that. We also have not been given the construction schedule, so we can't answer any questions as to whether or not we agree or disagree with that. But let me first say Mr. Mulhere very eloquently outlined how there's always been a connection in this Parklands DRI plan. And we submit that yes, there has been. In 1985 the original DO says that there's to be a connection from Carol Road to Immokalee Road. Fine. The problem with that is that the road was always intended to be on the east side of Olde Cypress, not on the west side of Olde Cypress. And I can't answer or speak to the -- even in the lengthy, lengthy, lengthy amount of research that I personally have done as to why it was moved, other than it probably was a monetary issue, I don't know. But in March 11 th, 1997, those easements for the right-of-way for the connection going straight down rather than taking the circuitous, alpine turn route, as Meggan Davis referred to it, would have actually had less impact on Olde Cypress, no impact on Long Shore Lake, and Terafina probably wouldn't have cared which side they gained access from. But I do understand there were water issues, so my supposition is that it probably had something to do with money. That's all I wanted to start out with at the beginning. We would like to submit to you that Logan Boulevard extension should only be a local road. It -- we submit that the extension of Logan Boulevard from Immokalee to the east-west Livingston Road, the area at the south end of the Parklands, should be an extension to that point and that point only. We'll submit documentation that even today on the department of transportation's unfunded needs wish list, the road has always been targeted to connect to the as yet unbuilt east-west Livingston Road, which would be at the southwest comer of the Parklands development. It was never originally planned to be Page 137 September 9, 2003 the collector road referred to in the Parklands DO DRI. Now, I heard earlier Mr. Mulhere, just as an aside saying there were going to be some amendments to their DO and DRI that would be more in line with LDC. And it may have some issue with some of the things that I'm going to bring up today. I have never heard that before today. We believe and submit that the Parklands can still fulfill their portion of their agreement by virtue of County Road 951, which is still a planned road. And we submit that that makes an actually much more logical road. We submit that Logan Boulevard extension should be a local road only. We will show that it will have no functionality as a two-lane collector road, and there is a distinction between local versus collector, since it will be in violation of current Land Development Code guidelines, the DOT's own level of service guidelines and the Florida Department of Transportation's level of service guidelines as well. When Paul Hardy vacated those easements on the eastern portion of the Woodlands PUD, which is now Olde Cypress, he moved the area dedicated for a public roadway to the western border to what is now known as Tracts O, Tracts R-3 and a portion of Tract 1 that we just had the donation agreement on. That was in March, 1997, as I said earlier. Even then it was designated as a local road. And I keep referring to it as local, because there is a distinction in LDC. The most current version of the Olde Cypress PUD, which is Ordinance No. 2000-37, states that the north-south local road on the western side of the project shall be platted as a public right-of-way and shall be constrained to a two-lane, 60-foot right-of-way configuration over the north half of the project. This portion remained unchanged from the 1999 ordinance. This road, because it is constrained to be only 60 feet from the Page 138 September 9, 2003 entrance of Olde Cypress at Tree Line Drive to the rear border, can only be a local road by the definitions that the DOT and the LDC give for streets. This is just a map which indicates that the southern portion of Logan Boulevard is intended to be a major collector road. It doesn't make any sense that you'd go north of Immokalee and then have it become a local or even a minor collector road. And no one's ever addressed this issue. This shows the Logan Boulevard extension, even in the 2025 unfunded needs. Still appears in the department of transportation's wish list as a new two-lane road from Livingston Road -- I mean from Immokalee to Livingston Road east-west. It has not been updated. Definition of Land Development Code as a street local. I'm not going to read the whole definitions, but bottom line it says that it is supposed to be trips are length -- trip lengths are short, volumes are low and speeds are low. Average daily trip generation rate ranges from zero to 2000 vehicles per day. A minor collector: Penetrate but should not have continuity through residential areas. Operating speeds and volumes are low. Average daily trip generation from two to 4,000 vehicles per day. Major collector: Operating speed and volumes are in excess of residential standards, 30 miles per hour. Average daily trip generation rate exceeds 4,000 vehicle trips per day. If you understand those definitions and you understand what Don Scott has projected as the level of service for this road, I don't care how buffered you get the wall or whatever, this is nothing more than a violation of LDC code. A minor collector road needs to be 80 feet wide, two right-of-way widths, 11 to 12 feet in the right-of-way. A local road, which is what we have next to Olde Cypress, and all we can have is 60 feet wide with two right-of-ways 10 feet in width. The county has developed and adopted policies to control the Page 139 September 9, 2003 number, location and type of access points to the road network. This is from your own county Growth Management Plan, the latest amendment 11-19-02. And I've got quotes around them because I took them right from the plan. The transportation division shall maintain and update a list of all roadway segments for which a level of service standard has been adopted. They identify 12 roadways approved for level of service E or better, and Logan Boulevard extension is not one of them. Don Scott testified at the June 19th planning commission hearing that he projected 17 to 22,000 vehicles per day on this road, level of service E. By the definitions I just went through with local, minor collector, major collector, this is far in excess of a local road. Level of service D or better shall be maintained on all other county and state arterial or collector roads. Right now they would be in violation of their own Growth Management Plan if they approve -- if you approve this road going through as a collector road, level of service E, with 17 to 22,000 vehicles projected on it. In their own Growth Management Plan, they say their objectives are the county shall provide for the safe and convenient movement of pedestrians and motorized and non-motorized vehicles through the implementation of the Collier County Comprehensive Pathway Plan. Objective seven says that the county's going to adopt standards for safe and efficient ingress and egress to adjoining properties, as well as encourage safe and convenient on-site traffic circulation. How, if you're going to have 850 homes built in Terafina behind us and 2,000 homes or so in the Parklands, and there's going to be ongoing construction traffic already on a constrained road that's going to have 17 to 22,000 vehicles per day on it, we've only got one entrance in and out of Olde Cypress, how on earth can you meet those county Growth Management Plan objectives? How? We have no light, we will not be able to get in and out and we'll be living with heavy construction traffic, noise, excess traffic even worse when they Page 140 September 9, 2003 put the school in. We're never going to get out of our community to go to work. FDOT has guidelines for levels of service. Seventeen to 22,000 vehicles per day far exceeds level of service E even by FDOT guidelines. Their level of service guidelines for E represents operating conditions at near or capacity or at or near the capacity level. Speeds are reduced -- did I get five or ten minutes? CHAIRMAN HENNING: This is your second five minutes. MS. PAYTON: Level of service E represents operating conditions at or near capacity level. Speeds are reduced to a low but relatively uniform value. Freedom to maneuver within the traffic stream is extremely difficult, and comfort and convenience levels are extremely poor. CHAIRMAN HENNING: I have to ask you to wrap you, please. MS. WILSEY: Sure. My point is, Don Scott testified this is going to be a failing road if it's put in the way that it's designated to be put in now. Logan Boulevard extension is a constrained road. It cannot be widened and it can't take the traffic that's planned for it. We went through the traffic stipulations. Our biggest complaint is the construction traffic. Here are my questions for the County Commissioners: Why would Collier County Commissioners vote to approve a road that may be a violation of the county ordinances or in direct contradiction to an already approved and recorded PUD? Why risk lawsuits when there may be other solutions? For example, the extension of Livingston Road east-west, you could connect into that, or County Road 951. We submit that reason and prudent thought should prevail. Delay the approval of the connection portion of Livingston Road to Bonita Beach Road until further study can be done of alternate Page 141 September 9, 2003 solutions, solutions that may provide plenty of width for a collector road. Approve for right now only the portion from Immokalee Road to the southwest comer of the Parklands PUD. Ask transportation to study the east-west Livingston connection to Northbrook as an alternate. I understand there's 50 feet of right-of-way-- CHAIRMAN HENNING: Hey. MS. WILSEY: Well-- CHAIRMAN HENNING: Fifteen minutes. MS. WILSEY: Well, they get an hour. Ask transportation to step up the approval process for County Road 951, which we're in support of. Follow the construction stipulations made by the planning commission. Traffic calming devices, multiple stop signs. Do what's right to protect your constituents. CHAIRMAN HENNING: Thank you. MS. WILSEY: All of them. CHAIRMAN HENNING: One question. In your research, the Woodlands '97 DRI. MS. WILSEY: March 1 l th. CHAIRMAN HENNING: Was it stated where that road is to go? MS. WILSEY: It was along the eastern section, as I understand it. It was a straight line. CHAIRMAN HENNING: When it shifted from east to west. MS. WILSEY: Well, where which road was to go.9 Am I on.9 CHAIRMAN HENNING: The roadway alignment, when it shifted from the east to west, did it state where it was supposed to go.9 How far north? MS. WILSEY: You mean did it state where this was to go.9 CHAIRMAN HENNING: Right. MS. WILSEY: No. It said that it was to be -- public access was Page 142 September 9, 2003 to be granted for a local road. CHAIRMAN HENNING: In '97. MS. WILSEY: '97. I have a copy of the March 1 lth minutes, if you'd like me to refer to them. I have them with me. CHAIRMAN HENNING: That's fine. I'll take your word for it. Thank you. MS. FILSON: We have one more speaker. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes, if we could, I would like to call Don Scott up to ask him to explain where we are with this. COMMISSIONER COYLE: Widen the road and we solve this problem. MR. SCOTT: At the planning commission, the questions were raised as to what the volume was going to be. And the noise study that was done by the applicant had 17 to 22,000 vehicles per day, depending on what section you were at. And the question was asked what I thought the level of service would be, and I said about an E. Based on the fact that it doesn't have a lot of restrictions, doesn't have a lot of friction in it. But not knowing exactly where signals and location was going to be. We're restricted to two lanes, no matter what happens. Because the previous board's action in the 60 feet, in the 80 feet of right-of-way, we're restricted to two lanes. Should it be more than that? You know, we can't -- there's not anything we can do about that. So based on that, we need a connection that goes all the way through. If it was even a cul-de-sac, it would carry more than local road traffic. There are functional class, there's certain criteria of this roadway that makes it a local road and there's certain criteria that makes it a collector road. The volume is definitely a collector road Page 143 September 9, 2003 facility status, but the 60-foot of right-of-way is a local road. You don't have collector roads with that type of right-of-way. You know, there are other stipulations in the Growth Management Plan to have interconnection of roadways so, I mean, you can argue both sides of that. CHAIRMAN HENN1NG: Commissioner Halas? COMMISSIONER HALAS: I've got some serious questions here. What do you anticipate the traffic volume to be upon full build-out? And then also, the concern I have is with the school board, building a school there and dealing with school buses on a daily basis. MR. SCOTT: The traffic volumes that we're -- the 17,000 and the 22 is based on full build-out of all the uses within that corridor. Having County Road 951 built and in place would revise that somewhat. Is it going to lower it to two to 4,000? No, but it would still be a lower volume than that. As for the school, having a school at that location, we have concerns in some other areas. Having some of the things like we're talking about with the 1 O-foot pathway, some access for pedestrian and bicyclists addresses some of that concern. I don't know specifically what else we can do beyond that. I mean, there's a school site that's called for in that location. COMMISSIONER HALAS: I really think that we need to look at the overall road plan here and figure out how we're going to relieve the pressure that's going to be placed on this road in the future. MR. SCOTT: I mean, there's no doubt that -- and I like to hear people supporting 951, because so far at our public meetings, which we have one next week, we've had all the people that are against 951. And we're working with Lee County to try to get this project moving forward, but up to this point there's been more opposition than people Page 144 September 9, 2003 in favor of it. CHAIRMAN HENNING: Mr. Scott, the east-west Livingston, is that still viable? And how far east will it go? MR. SCOTT: It's on the long-range plan, so it's still an option on the roadway system. It goes over to this Logan Boulevard extension, and it would go all the way over to, essentially if we get the last piece in there, right-of-way, over to 41. CHAIRMAN HENN1NG: Can we monitor the trips on this Logan, north of Immokalee, another five years and have the board make a decision on what our options are, if it exceeds the expected level of traffic, or if it fails? COMMISSIONER HALAS: Put a moratorium on that site. MR. SCOTT: You know, an interesting point about the level of service standards, Logan Boulevard isn't in the Growth Management Plan, and the standard hasn't been set because it hasn't been built yet. It hasn't been taken off our list because we're not building it, they're building it. But because it is constrained to a two-lane facility, a lot of our constrained facilities have been called out as level of service E as the standard. So it remains to be seen if it's going to be below standard in the future. Depending on what happens with the other networks, too. But we could, I mean -- yeah, you can stipulate any -- you know, that we look at it and determine what other type of improvements we could make or whatever. CHAIRMAN HENNING: Next speaker? MS. FILSON: He changed his mind. CHAIRMAN HENNING: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes, I have some other questions I'd like to ask the petitioner. With the addition of the golf courses, the eight, nine holes of golf course being put in there, what are you doing or what have you Page 145 September 9, 2003 decided to do as far as the sensitivity of the environment in that particular area? And I guess where I'm going with this is the runoff of fertilizers and weed inhibitors that will get into the watershed and encroaching of the watershed and the preserve. Has there been anything done in that as far as mitigating that? MR. MULHERE: Commissioner Halas, that will in part be regulated by our South Florida Water Management District permit, which as part of their review they do look at runoff, pollution, ground water contamination. But I will also tell you that the county staff is currently working with the Conservancy of Southwest Florida to develop a set of standards that, while not necessarily being the same as Audubon gold standards, would be very similar to Audubon gold. And we have not asked for any exception from whatever standards the county adopts relative to golf courses, so we would have to adhere to those. And that came about as part of the rural fringe amendment process. And those amendments will be coming forward to you in the December or January time frame. So I don't know exactly what will shake out in that process in terms of those standards, but you will be seeing at least the first draft of those standards in a December or January time frame. And ultimately if those apply throughout the urban area as well, we have no objection. We haven't asked for any exception to that process. COMMISSIONER HALAS: My big concern is we constantly have to go out and clean canals out with hydrilla, and that chokes the water flow, and also the contaminants that get into the estuary system. Because that's part of the whole watershed program that feeds all the way into the estuary system out to the Gulf. So I'm looking at the whole picture here and I'm trying to get an idea of what provisions we're putting in line here to address that. It's very important. MR. MULHERE: And I do agree with you 100 percent. Page 146 September 9, 2003 I will tell you, though, that -- not to state the obvious, but there are a lot of golf courses in Collier County that were built prior to the current standards. The current standards are pretty restrictive in terms of those very issues that you've addressed that the South Florida Water Management District requires. However, beyond that, the county is in the very near future looking at those very same standards in terms of environmental impact and water quality impact. And they will be coming forward to you. And as I said, we're not asking for any exemption, okay, we will adhere to those standards. CHAIRMAN HENNING: Okay. COMMISSIONER HALAS: Thank you. CHAIRMAN HENNING: Mr. Basinait, the concerns about the truck traffic, construction traffic? MR. BASINAIT: Yes. CHAIRMAN HENNING: Have you come to a solution on that? MR. BASINAIT: Well, unfortunately I'm not sure that I have necessarily, but -- there were a couple of comments made, and I'll get to that in just a moment. The school site concern that was raised. I just wanted to let you know that the school site issue has been something that was obligated by the Parklands DRI in 1985 when it first was approved. So that particular obligation, if you will, has been there for the last 18, 19 years. What we are trying to do to ameliorate concerns about that is we're going to set up an access point that will be consistent with access into the project itself. We're only going to have two access points between here and here on Logan Boulevard. One of those access points will be set up so that it's across from the school site, if you will, and if there is a light that meets warrants, in other words, if we meet warrants and a light can be put there, then certainly one will be established there by the school board. Page 147 September 9, 2003 I think it's important to understand too that with respect to the right-of-way itself or the Logan Boulevard, that we have retained the east-west right-of-way reservation in our DRI. That's still there so that if Livingston Road does get built, we still do have those reservations that are present. We can also, and as you can see from the Logan Boulevard black line, up here in the northeast comer, this has been designed purposely that if 951 is constructed and it comes through somewhere in this alignment, we can T Logan Boulevard into that road, if it's appropriate and necessary to do that. With respect to the ultimate trip counts on that road, I think it's important to understand something that I mentioned to you before. The trip counts were established based on maximum absolute build-out of all those projects in the area. It was also based on only one road improvement being done, that being Logan Boulevard construction. It doesn't anticipate, or can't anticipate because of the model that we have to use, the construction of 951, the six-laning ofi-75, any other roads that get built, any other intersection improvements that are done, any improvements to Immokalee Road. My point is that ultimately your trip counts on Logan are going to be much less than what they are today -- or much less than what we've said in our report. But because of the models that we have to use, those are the numbers we come up with. With respect to the construction traffic, if the answer that I've given to you previously isn't sufficient, then we need to have a few moments to talk about that. Because honestly, we're in a position here of saying to you that we're going to take as much fill, for instance, off-site as we can do for the construction of the road, for construction of on-site infrastructure and housing pads. We're going to work with your county staff to try and make sure that the -- that we can get as much on-site as we possibly can through Page 148 September 9, 2003 early work permits and enhancing or increasing the size of the lakes and the depth of the lakes. We're going to use dust abatement procedures. We're going to comply with the county code certainly with respect to times of construction. It makes it very difficult from our standpoint and administratively from the county standpoint to say to these contractors, you can only enter this project from Bonita Beach Road. What do you say to the Terafina folks, what do you say to the Olde Cypress folks about construction that's going to occur within their projects? What do you say to Long Shore Lakes, if there's any vacant lots left there? I mean, how do they access their projects? I guess what I'm getting down to here is an equity factor. We are, as the Parklands developer, proposing to spend upwards of $10 plus million to construct the road, another five plus million in road impact fees, plus varied and a sundry other road improvements that we're planning on doing, along with other impact fees that the county's going to get. Our proportionate share analysis indicates that our proportionate share for our DRI is something slightly in excess of $1 million. We're proposing to spend at least 15 times that amount on this project. Now, I understand that the road that we're talking about building provides access to our site. I don't mean to minimize that benefit to the project. But I think from an equity standpoint we're trying to suggest to you that while I understand the construction traffic concern, we're doing the very best we can to try and minimize those concerns. If that isn't adequate for you, I would like to have a few minutes to talk about it further. I don't-- CHAIRMAN HENNING: comments on your observation. MR. BASINAIT: Okay. CHAIRMAN HENNING: Mr. Basinait, let me just make some The Board of Commissioners doesn't Page 149 September 9, 2003 have a choice. Olde Cypress only has one entrance to their community. Terafina only has one entrance to their community. You have the ability to have two entrances to your community, Bonita Beach Road and Immokalee. And I'm sure that you're going to -- your client is one to advocate the address of Naples. For some reason that type of address brings higher values of property. So I think it's a benefit to see how we can work this out. And I'll let you converse with your client, and let's take a five-minute break -- or let's make it three minutes so that the Board of Commissioners stay in the room and we can try to get some business done. MR. BASINAIT: Very good. Thank you, Commissioner. (A brief recess was taken.) CHAIRMAN HENNING: Everybody take their seats, please. Mr. Basinait? MR. BASINAIT: Mr. Chairman, Charles Basinait, for the record. Thank you for the opportunity to discuss this with my clients for a moment. Couple things. One, I'd like to just remind you that one of the promises we've made, and obviously we'll keep, is that we will enhance -- or rather that we will exhaust any on-site fill we have before any off-site fill comes on. So -- and we're willing to go through whatever process we need to to guarantee to the county that we've in fact have done that. Number two, I just wanted to remind you, we did discuss this with Lee County transportation officials and others the other day. I have to be careful how we do this, because I know they're not going to be very happy if I start directing too much traffic through Lee County, as opposed to Collier County. Having said that, what we would offer to you as we think a reasonable compromise would be is that any off-site fill that we end up utilizing for the site we will bring in from Lee County. We will not bring it in from Collier, it will be Page 150 September 9, 2003 brought in from Lee. So any trucks that carry fill on the project, once we've exhausted the on-site component, will come in from Lee County. So that's the proposal that we have for you. CHAIRMAN HENNING: Okay. MR. BASINAIT: Now, if there's any other questions or concerns, certainly I'm happy to try and respond. COMMISSIONER FIALA: Does that mean you'll buy that fill from Lee County so you're not pushing our trucks on their roads? MR. BASINAIT: Commissioner, I mean, you're asking us questions where -- COMMISSIONER FIALA: I'm just asking what you really meant. MR. BASINAIT: Yeah, you know, we hadn't -- honestly we hadn't talked about where we were going to purchase it from. I mean, we're in the development business and to the extent that we can make money on these things, we'd like to once in a while, just for something different. Having said that, it -- we really need to be able to go out and look at where the fill is coming from, what the costs are, and economically how we go about doing that in a fashion that works with the type of development that we're doing. If we can purchase from Lee County and have it make sense for us economically, then certainly we're going to do that. CHAIRMAN HENNING: Mr. Basinait, the concern about dust from the roadway -- MR. BASINAIT: Yes. CHAIRMAN HENNING: -- can you obligate to have a water truck on-site or available? MR. BASINAIT: That's not a problem. One other thing. There was a point that was raised by Tony Pires about the first cut of asphalt on the southern portion of Logan. In point of fact, we wouldn't want to open that to public Page 151 September 9, 2003 transportation until such time as the road is completed and has been turned over to the county and accepted by the county. So it's not only going to be the first cut of asphalt, it will be a completed road before public access. Now, that obviously is not things associated with the building of the project, but public access itself won't occur until the road has been turned over to the county and accepted by the county. CHAIRMAN HENNING: Commissioners, any further questions? (No response.) CHAIRMAN HENNING: Okay, I'll entertain to close the public hearing. COMMISSIONER COYLE: Move to close the public hearing. COMMISSIONER FIALA: Second. COMMISSIONER HALAS: I second. CHAIRMAN HENNING: Motion by Commissioner Coyle, second by Commissioner Fiala to close the public hearing. All in favor, say aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Motion carries. Commissioners, if you would bear with me just for a minute, I think that we got enough public input to formulate a motion, with staff's help. But I also think that we need to make a commitment as a board to give staff direction on certain things. And we're talking about monitoring the traffic on this roadway. We're talking about speed, which Parklands have nothing to do. So with that, entertain a motion. Commissioner Coyle? COMMISSIONER COYLE: Mr. Chairman, I'm inclined to Page 152 September 9, 2003 support this petition, with a number of stipulations, but. In view of the excellent job you've done in bringing all the parties together and resolving a lot of these problems, I would defer to you to make that motion and identify some of those stipulations that you would like to see in this process. CHAIRMAN HENNING: Okay. Well, first of all, I would like to address our staff. Speed limit on this roadway, and monitoring of the traffic on the road at certain time frames so that it does not fail. And the second thing -- the last thing is can -- what kind of-- since Olde Cypress, this is their only access at this time, entrance and exit, can we do a three-way stop? Can we commit to a traffic study at certain points? MR. KANT: Edward Kant, Transportation Operations Director. Yes, Commissioners, we can monitor that traffic from the day we accept that. As far as the installation of any traffic control devices, as you're aware, those are controlled typically by warrants set forth in the Manual on Uniform Traffic Control Devices, so I think it would be premature at this point to specify any particular type of traffic control at any particular location. But I can reassure you that based on whatever we find from the actual traffic that is developed out there -- and part of that will be determined by the design as well. There may be, as we -- as the -- I should say we as the developer goes through the design phase, we're going to have to look over their shoulder, knowing it's going to be county road and make sure that it's something that we can accept. So we'll have some input at that stage, too. CHAIRMAN HENNING: Mr. Kant, don't go away. The other thing is can we -- can we give you direction, is it feasible to do the compromise and the speed limit to 30 miles-an-hour on this roadway? MR. KANT: Commissioners, you can direct us to post that at Page 153 September 9, 2003 whatever you think is appropriate. But I would like to caution you against putting up an artificial speed limit. Traffic tends to find its own way. Earlier during this discussion, Orange Blossom Drive was mentioned. That is posted currently at 30 miles-an-hour. About 18 months ago we did a speed study through there, which I believe is about to be updated, and we were looking at recommending bringing that up to 40 miles-an-hour from 30. At this point again, I think part of that's dependent on how is the road going to be designed. If it is your pleasure to specify some particular speed limit, I don't -- again, 30 miles-an-hour is not -- it's a statutory limit, if it's not posted, it's in a residential area. Typically you don't have to specify that, but obviously that's your pleasure. Thirty-five miles-an-hour is not excessive in that type of roadway. As Mr. Scott pointed out, there's very little side friction. I think there are maybe two or three driveways or intersecting streets, if you will, and that's going to have an awful lot to do with how that road operates. CHAIRMAN HENNING: Okay. Thank you. Well, I'll make a motion -- actually, Commissioners, we need two motions, one in the PUD/DRI and the other one on the DOA. I'll make a motion on the PUD/DRI that-- MR. MUDD: First one's a DRI, sir. CHAIRMAN HENNING: Right, approve the amendments with planning commission's recommendations, as agreed to by the petitioner. Also, the petitioner will use the dirt from on-site for the road construction, and whatever he cannot get, he will utilize the Bonita Beach Road access. I'm trying to see what I have missed. COMMISSIONER COYLE: Hours of operation, is that something you -- CHAIRMAN HENNING: Hours of operation, I'm not sure if Page 154 September 9, 2003 we can specify that as far as the construction of the roadway. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: Mr. Kant? MR. KANT: The hours of operation for any construction project are limited -- well, I shouldn't say limited, but are already subject to county ordinance. Typically those hours are 7:00 a.m. to 7:00 p.m., except on the weekends. I believe there's no work allowed on Sundays. We also, in issuing right-of-way permits, typically limit lane closures and any effect on the arterial and collector roadways so that there's nothing happening until after 9:00 and after 3:30. So we have some constraints that we can put into, but -- the right-of-way permit. I would imagine that if anything's going to be delivered to that site, that would have to be constrained by that 7:00 a.m. to 7:00 p.m. work hour. But again, there's nothing to prevent you from constraining it further, if you think it's appropriate. CHAIRMAN HENNING: Thank you. May I ask, Mr. Basinait, residents would like to have the construction traffic tied to 8:00 a.m. to 5:00 p.m. MR. BASINAIT: That's very difficult from a construction standpoint. I mean, as you know, much of the traffic -- CHAIRMAN HENNING: I worked a half a day at construction. I don't know anything about construction. MR. BASINAIT: I'm sorry. As you may not know, it's very difficult from a construction standpoint to limit it to 8:00 to 5:00. I mean, you have got a county ordinance that I think is based on the health, safety and welfare of the citizens that says 7:00 to 7:00. We would respectfully and politely ask you to allow us to utilize that same window of opportunity, if you will. I mean, I understand there's people that live within proximity of what we're going to be doing, but quite honestly, with all of the safeguards that we've instituted today with respect to the road construction, I would suggest Page 155 September 9, 2003 to you that 7:00 to 7:00 is a reasonable time frame to be working in. CHAIRMAN HENNING: Can we split the baby and do from 7:00 to 6:00? I mean, there's a certain amount of-- MR. BASINAIT: Yes. CHAIRMAN HENNING: The construction schedule of the roadway, can we also say either the construction schedule time frame or when Parklands or Ronto receives the necessary permits to construct the road, and the construction time frame be in the drop dead date? MR. BASINAIT: I'm sorry, I'm not sure I understood that. CHAIRMAN HENNING: Well, if you obtain the permits earlier than the construction schedule, you will start construction at that time? MR. BASINAIT: Yeah, we have -- our construction schedule calls for us to start in 2004 -- in the spring, I think, of 2004 anyway. We're still working on certain of the permits. So I suspect that right about the time we get the permits it's going to be 2004, regardless. If we can start a month or so earlier, certainly we'll -- CHAIRMAN HENNING: As part of the motion. MR. BASINAIT: Okay. CHAIRMAN HENNING: I made some notes here. Any other additions to the motion? COMMISSIONER COYLE: If I could just quickly summarize the ones I was interested in. I think you've touched most of them. The access off Bonita Beach Road and the restriction of most of the construction traffic through that area? MR. BASINAIT: Of the fill traffic? COMMISSIONER COYLE: Yeah, the fill traffic, and the use of fill for the lakes for the road construction and anything else you use it for. Prohibit the use -- the public use of the road till at least the first lift of asphalt and then provide a dust-free environment from that -- Page 156 September 9, 2003 earlier than that. Provide adequate and effective landscape buffering along Logan Boulevard extension between Long Shore Lake and Olde Cypress. MR. BASINAIT: May I make a comment there, if I could? What we have promised to do is to fund the construction of a noise barrier from the northwest comer of the Olde Cypress development south to a point about 775 feet. With respect to landscaping, as we understand it, Olde Cypress and G.L. have talked about that and they are going to provide any additional landscaping that's necessary. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: Hang on. It was my understanding that you was (sic) going to do the noise abatement for Olde Cypress and then landscape that wall. MR. BASINAIT: The discussions that we've had with Olde Cypress, and I think they would confirm that, is that what we have agreed to. do is to pay for the construction of the sound barrier. G.L. Homes has said to Olde Cypress that they will take the cost of placing landscaping along their southern perimeter, they will give that to Olde Cypress for landscaping on what is the east side of Logan Boulevard. CHAIRMAN HENNING: Mr. Basinait, our Land Development Code says you can't put any noise -- or wall in without landscaping. You wouldn't want to deviate from the Land Development Code, would you? MR. BASINAIT: I'm not disagreeing with that. Don't misunderstand my position here. All I'm saying is, is that while the parties understand that landscaping should go there at the point where the barrier is going to be constructed, Olde Cypress has indicated they are going to put landscaping there. CHAIRMAN HENNING: Okay. Great. MR. BASINAIT: I mean, unless I misunderstood the discussions we've had, that's the impression I've gotten here. Page 157 September 9, 2003 CHAIRMAN HENNING: Then as far as the first lift of concrete -- or the road, asphalt, no public should be using it, because it's not a public right-of-way until it's dedicated to -- MR. BASINAIT: Again, we don't have a problem with that. We -- quite frankly, from a liability standpoint, we don't want the public using it until after it's been turned over. CHAIRMAN HENNING: It's only the Olde Cypress until it's dedicated over to the-- MR. BASINAIT: Right. And that's already existing, so -- COMMISSIONER COYLE: I'm okay. CHAIRMAN HENNING: Is that a second on the motion? COMMISSIONER COYLE: That's a second. CHAIRMAN HENNING: Any discussion on the motion? All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: Any opposed? Motion carries. MR. BASINAIT: Folks, we thank you very much for your time and your patience. COMMISSIONER FIALA: That's just DRI, now we have to do the PUD. MR. MUDD: Wait a minute. We've got the DRI done, now you need to go to 8(B), which is the PUD change. CHAIRMAN HENNING: Correct. And is there any planning commission -- we got it. I make a motion we approve the DOA. MR. MUDD: Commissioner, I would say to you that the Page 158 September 9, 2003 stipulations that you just made in the DRI, that those stipulations carry to the PUD, because it's really a PUD stipulation instead of a DRI stipulation. But just gay them again, or at least say the same as the DRI as far as your stips that you just put on -- CHAIRMAN HENNING: Included in my motion. MS. STUDENT: Just a clarification. You had said, I believe, in the motion, the DOA, but this is the PUD. So I just wanted that for clarification. Thank you. COMMISSIONER HALAS: And I'll second that motion that you had there. CHAIRMAN HENNING: Any discussion? All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: Any opposed? Motion carries. The Board of Commissioners is going to take their lunch break, reconvene at 3:30. Thank you, folks. (A recess was taken.) Item #13A CLERK OF THE CIRCUIT COURT TO ASSIST THE STATE ATTORNEY'S OFFICE WITH WHITE-COLLAR CRIME CASES AUTHORIZING CLERK OF THE CIRCUIT COURT TO HIRE ADDITIONAL STAFF MEMBER (COST BETWEEN $40-$50,000) TO BE PAID W/AD VALOREM TAXES, TO ASSIST STATE ATTORNEY'S OFFICE W/WHITE-COLLAR CRIME CASES IN Page 159 September 9, 2003 COTJJER COl JNTY TJNTTTJ JIJT,Y 1~ 2004 - APPROVED CHAIRMAN HENNING: Everybody take your seats, please. The Board of Commissioners is back in session. Commissioners, I was asked to ask you how long you want to go tonight. The County Manager feels that we can wrap it up at 8:00, give or take a few hours or so. COMMISSIONER COYLE: Ever the optimist, eh? CHAIRMAN HENNING: I know we definitely want to get through the public's comments sections and I know that some of the Commissioners have schedules for tomorrow. You want to just keep on going until we get it done or-- COMMISSIONER COYLE: Yeah. CHAIRMAN HENNING: -- or you want to break at a certain time and come back tomorrow? COMMISSIONER HALAS: Myself, I would like to see us take care of everything on public comment; anything left over, I think we should come back tomorrow morning. COMMISSIONER COLETTA: I agree with that. I got two days budgeted for this. CHAIRMAN HENN1NG: Okay. We're split, so we'll wait until Commissioner Fiala gets back and we'll ask her. Next item -- Commissioner Fiala, I don't know if you heard, we're trying to decide whether to end this at like 6:00 or continue. The County Manager thinks we're going to end at like 8:00. COMMISSIONER FIALA: Fine with me to stay late and finish it all up. CHAIRMAN HENNING: You want to finish it up? COMMISSIONER FIALA: I would guess that after 8:00 it's going to be a little bit late. If we're done by 8:00, that would be good. What do you think? CHAIRMAN HENNING: I would like to finish it up myself, Page 160 September 9, 2003 whether it's midnight or whatever. COMMISSIONER FIALA: I'm just here anyway. You know what I would suggest, though, if it's going pretty long like that, we all get a little punchy; we probably need another like half an hour or so to get away from it if we're going to go all the way to the end of the day. COMMISSIONER COYLE: We started out punchy. COMMISSIONER FIALA: You're always punchy. Excuse me. A little levity amongst the Commissioners. CHAIRMAN HENNING: Next item is constitutional officers. MR. MUDD: 13(A). CHAIRMAN HENNING: Dwight Brock wants to ask us to do something very smart for the public. MR. BROCK: Commissioners, I'm going to take up as little time as I possibly can and I'm going to let you determine how much we take up. As you know, my name is Dwight Brock. I'm the Clerk of the Circuit Court. And Steve Russell, the State Attorney in the 20th Judicial Circuit, came to me recently and requested that if we could find a way he would like to use the accounting services of the clerk's office to perform accounting functions with regard to white collar investigations that are taking place in the state attorney's office. The clerk's office is not going to be a prosecutor, we're not going to be investigators. We're going to be experts. Now, any way you look at it, until July 1st, 2004, the Board of County Commissioners under Chapter 27 of the Florida Statutes is lawfully obligated to pay the cost of those. The way I look at it, and the way I suggested to Mr. Russell that if the Board of County Commissioners is so inclined, I do not have a problem with them paying for those services through using the staff of the clerk's office. I have certified fraud examiners and I have certified public accountants and -- believe it or not about 11 years -- yeah, about 11 Page 161 September 9, 2003 years ago, I, in my former life, prosecuted white collar crime. And I thought it would be a perfect match if y'all decided to do that. In order for you to be able to do that, you're going to have to pay the cost of one additional employee to take up the slack; that gives the skill set that we have available in the clerk's office for the state attorney's office for you. One additional thing that I point out to you, all of the costs that we expend in providing these expert services, if you are so inclined, can be added to the costs of defendants who are convicted for the offenses for which they are charged in the final judgment. And I told Mr. Russell that I would leave it to your discretion as to whether or not we would be involved in it since you would have to pay the cost. The clerk's office is willing to do it if that is your desire. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: How does this fit into the budget increase that you propose this year? Will there be money involved in the budget increase that you asked for in the fiscal year '04 to handle this? MR. BROCK: No, Commissioner, there will not be. This is something separate and apart from what we have previously budgeted. COMMISSIONER HALAS: So you're asking the Board of County Commissioners to come forth with the money to take care of this additional head count person that you're going to have to hire; is that correct? MR. BROCK: That is correct. COMMISSIONER HALAS: And what do you anticipate is going to be the amount of money that the County Commission has to come forward? MR. BROCK: Probably between 40 and $50,000. Beginning January -- July 1st of 2004, the funding scheme for these services changes as a consequence of Florida Statute -- Page 162 September 9, 2003 COMMISSIONER HALAS: Article 5? MR. BROCK: Florida Bill 113, which is the creation out of the Amendment 7 to Article 5. So beginning July 1st of 2004, you're no longer responsible to pay those costs associated with expert witnesses. So if, in fact, we take it beyond that level, the State is going to have to pony up to deal with those issues as opposed to the Board of County Commissioners. CHAIRMAN HENNING: Mr. Brock, I think everybody knows the make-up of the community here in Collier County is there are a lot of people that have money and that attracts people that want to try to take that money away through scamming or whatever. I see this as a good public service of different government agencies working together. My only concern is can we measure it to find out what the success rate is over the next 2 years, whether it's, you know, it's coming out of property taxes or the State of Florida. Can we measure the success? MR. BROCK: Well, you know, in order for us to be able to impose or have the courts impose the cost of the services that we provide against the criminal defendants who are convicted, we will have to track our costs; that means that we will have to keep track of the time that we spend on it. So that will be one mechanism to attract -- and I think if you will look at the conviction rate coming out of the crimes that have been charged by the state attorney's office, you will be able to clearly see the impact that that has had. But let's back up. Today is around the first of September of 2003. The 1st of July of 2004, the funding scheme for the experts that the state attorney will be using in its criminal case no longer rests in the hands of this Board of County Commissioners, whereas between now and then, it will. So what I'm telling you is you will not be responsible for covering this cost beyond July 1 of 2004 unless that funding scheme Page 163 September 9, 2003 is changed by the Florida legislature. As it is now, that responsibility, beginning July 1st, 2004, will be shifted to the State of Florida. So if the working relationship that you have created, if that is your choice today, between the Clerk of the Circuit Court and the State Attorney's office is to continue, you will either, one, have to decide that it is in the best interest of this community for you to spend ad valorem tax dollars for that, or, two, the State Attorney's office -- or the State of Florida to pony up and pay those costs. CHAIRMAN HENNING: Commissioner Fiala, then Commissioner Coyle. COMMISSIONER FIALA: Yes. First of all, I think it's in the best of our public's interest to reduce white collar crime and I'm delighted to hear that Steve has even approached you on that, that's just great, and I think he's approached the right person. Did I understand you to say that there is a fine imposed on each of these white collar crimes that's prosecuted and, one, does that fine then go to help pay for this one -- one additional person? MR. BROCK: No, not the fine. Okay. What will happen is that the costs that we expend, as it would be tracked in the time that we -- or resources that we use, would be costs associated with the prosecution of that case, the investigation and prosecution of that case. Those costs would be added to the judgment over and above the fine, at the court's discretion. And it's my anticipation, and I suspect it would be Mr. Russell's direction, that if defendants are convicted, those costs would be asked for to be imposed by the courts in those cases. And those then, would come back to the party who had expended those monies, which, A, would be this Board of County Commissioners, back into the coffers of the county. COMMISSIONER FIALA: I just think it's a good idea that we move forward with that. But I don't want to make a motion until Page 164 September 9, 2003 Commissioner Coyle has had a chance. CHAIRMAN HENN1NG: Sure. Commissioner Coyle. COMMISSIONER COYLE: I don't mind spending a little extra money to put criminals in jail; I think it's a good idea. But I don't quite understand how the process works and I just need to be enlightened. First, I presume that we're paying for experts now. And I presume that with your expertise it will be less expensive to have you do the same amount of work than it is to pay for outside experts, and I would hope that the pay scales are different. The question then is if we allocate money, are we in some way saving on some of the other expert fees that are having to be contracted? And secondly, are your services going to be beneficial only to Collier County or will your services be beneficial to all of the areas of the county serviced by the state's attorney and, if so, are the other counties being asked to share in the cost of doing this? MR. BROCK: It is my understanding from the conversations that I've had with Mr. Russell -- but I'll let him speak for himself-- that my services would only be used in those cases involved in Collier County. And in answer to your first question -- which was... COMMISSIONER COYLE: Which was, will we be saving any money from the current cost of experts? MR. BROCK: Well, I will answer that in the following way: A few years ago, the Clerk of the Circuit Court filed a civil action against the majority of the security firms in the United States for what was called yield burning. And the Clerk of the Circuit Court actually did the expert accounting services associated with prosecuting that civil action. And at the conclusion of that particular civil action, we went before the U.S. District Court judge in Fort Myers and recovered for this county costs associated with providing those services, which was in the neighborhood of $125,000 at fair market value. Page 165 September 9, 2003 We're certainly not going to be charging the fair market value. We're going to be charging those costs associated with actual out of pocket expenses. So in answer to your question, in summary, the answer is we certainly better be saving money or we ought not to be doing this and I won't be doing it if we aren't. COMMISSIONER FIALA: So I'd like to make a motion that we move forward and authorize the Clerk of Courts to hire another person to be paid through ad valorem taxes. COMMISSIONER HALAS: I second it. MR. BROCK: And in the future I will bring forth all of the necessary adjustments to the budget amendments and things of that nature and approval process to the Board of County Commissioners for approval to make that happen. So this is just some direction from us -- from you to us at this point in time. And sometime in the future, we will follow up with the budget amendments necessary to make that happen. CHAIRMAN HENNING: And we're only doing this for an interim period until the first of the year? MR. BROCK: That is correct. That is correct. And July the 1 st. CHAIRMAN HENNING: Commissioner Fiala made a motion to approve. Commissioner Halas seconded the motion. Any discussion on the motion? All in favor of the motion signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. Page 166 September 9, 2003 MR. BROCK: Thank you, ladies and gentlemen. Item #8E COMMERCIAL EXCAVATION PERMIT NO. 59.814-1 "GOLDEN GATE QUARRY", LOCATED IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 27 EAST; BOUNDED ON THE NORTH BY THE EXISTING QUARRY OPERATION, AND ON THE WEST, SOUTH AND EAST BY LAND ZONED AGRICIJIJTIIRAIJ-A (ST/WS4)- APPROVED W/STIPIJI,ATIONS CHAIRMAN HENNING: Next we have -- MR. MUDD: Commissioner, that brings us probably to 8(E) which was to be heard after 2:00. And that's a recommendation to approve a commercial excavation Permit 59.814-1, Golden Gate Quarry, located in Section 21, Township 49 south, Range 27 east, bounded on the north by the existing quarry operation on the west, south, and east by land zoned Agricultural-A [ST/WS4]. CHAIRMAN HENNING: This item, do we have to have any ex-parte communication or anyone sworn in by the participants? MS. FILSON: No. MR. WEIGEL: No. CHAIRMAN HENNING: The Petitioner is? The Petitioner's representative is raising his hand asking for permission to talk to the Board. We're not swearing anybody in. If you want to come up here and inform us what we're doing, I would appreciate it. Mr. Anderson, are you representing the petitioner? MR. ANDERSON: On which item, sir? MR. MUDD: This has to do with 8(E), which is the Golden Gate Quarry. MR. ANDERSON: Yes. CHAIRMAN HENNING: We're waiting to hear from you. Page 167 September 9, 2003 MR. ANDERSON: Thank you, Mr. Chairman. For the record, my name is Bruce Anderson. I represent the applicant, APAC Southwest, on the pending excavation permit application. Under your growth management plan, this property is designated as receiving land within the North Belle Meade Overlay. And that overlay provides that for the northwest quarter section of this Section 21, which is the subject of this 166-acre excavation permit application, that earth mining is a permitted use and does not require a separate zoning approval. It only requires an excavation permit. We met with surrounding property owners approximately two weeks ago to try to address their concerns and I will touch on that at the end of my presentation as to specific steps that we've taken in response to those concerns. APAC is leasing this property from another client of mine, Mr. Jim Brown of East Naples Land Company. Mr. Brown and East Naples Land Company stood shoulder to shoulder with Collier County in defending the Rural Assessment Study and the Rural Fringe Amendments during two different challenges to the Collier County Comprehensive Plan, first by the -- the first challenge was by the Florida Wildlife Federation and Collier County Audubon Society and the second challenge that they helped the county defend, successfully I might add, was by other property owners in North Belle Meade. Under the Rural Fringe North Belle Meade Overlay, earth mining is a permitted use in the western half of Section 21. The mining operations and hauling of those excavated materials may not generate truck traffic beyond average historic levels, which is 156 round trips per day or 312 one way trips, if you want to count it that way. The overlay allows earth mining as a permitted use only in the Page 168 September 9, 2003 western half of Section 21 unless by June 2004, an alignment for a Wilson Boulevard extension to connect County Road 951 has been selected, funding determined, and an accelerated construction schedule has been established. Now, that date was tied to when the Comprehensive Plan was adopted, which was June 19, 2002. As we all know, the effectiveness of that Comprehensive Plan was delayed by a year because of the ongoing administrative challenge. So that June 2004 date would need to be moved back by a year. If the Wilson Boulevard extension and the plans and the funding have not come together by that June 2005 date, then the mine operator then, in order to mine any additional lands beyond the subject that's before you today, requires either a conditional use approval for any earth mining outside the western half of Section 21 or a private haul road must be built at the earth mining operator's sole expense. As I stated, the Rural Fringe Amendments were held up for some time, and as we all know, the North Belle Meade Overlay was the subject -- the principal subject of these challenges. And the administrative law judge and the Department of Community Affairs both upheld the North Belle Meade Overlay against those challenges. Staff report reflects that the application meets all of the County's excavation permit requirements. And as I stated, my client has met with surrounding property owners and has reviewed the petition that they submitted to the County and they have agreed to the following conditions, which are under APAC's control. Number one, blasting would be limited to between the hours of 10:00 a.m. and 2:00 p.m., no more than once per week. CHAIRMAN HENNING: Mr. Anderson. MR. ANDERSON: Yes, sir. CHAIRMAN HENNING: Just a minute. Do we have that in Page 169 September 9, 2003 our packets so we can follow you? MR. ANDERSON: If you'll turn to page three of your staff report, some of the items I am mentioning are staff stipulations, others are stipulations that my client volunteered. 5th Street Southwest would be repaved within 90 days of County Commission approval of this excavation permit. CHAIRMAN HENNING: Who's going to pay for that? MR. ANDERSON: APAC. And the sidewalk would be repaired at the same time. CHAIRMAN HENNING: Can you go back one more for Commissioner Fiala? COMMISSIONER FIALA: Thanks. MR. ANDERSON: Certainly. CHAIRMAN HENNING: The first one? COMMISSIONER FIALA: Where you were talking about blasting. MR. ANDERSON: Yes, ma'am. COMMISSIONER FIALA: Would you just repeat what you said? I wanted to compare it with what we have written here, please. MR. ANDERSON: Blasting will be limited to between the hours of 10:00 a.m. and 2:00 p.m. and it will not occur any more often than once per week. COMMISSIONER FIALA: Thank you. COMMISSIONER COLETTA: If I may. Would that be during the Monday through Friday; that does not include Saturday or Sunday. MR. ANDERSON: Yes, sir. Yes, sir. COMMISSIONER COLETTA: And of course, holidays would be a time that you wouldn't be looking to do it -- Christmas, New Year's, Thanksgiving. MR. ANDERSON: Fourth of July, we might. COMMISSIONER COLETTA: Maybe it might be appropriate Page 170 September 9, 2003 then. Can we go back. You mentioned sidewalks. MR. ANDERSON: Yes. COMMISSIONER COLETTA: Could you elaborate on that? One of the problems with the sidewalks there that APAC put in years ago is the fact that some of them are at a grade that causes them to flood at time of heavy rain. Would they be doing something to elevate that, since they have so much fill to work with? MR. ANDERSON: What APAC has volunteered to do is that they will repair the sidewalk, number one, at the same time that they do the repaving of 5th Street. And they are also willing to -- in those areas of the sidewalk that are problem areas, they will raise the grade of the sidewalk. But they're not going to be able to solve the inherent drainage problem that has existed out there. But they will raise the grade of the sidewalk in the areas where they have been experiencing problems. COMMISSIONER COLETTA: And the drainage we're talking about, we're not talking about the swales that are along the road that APAC is going to remodel; we're talking about drainage issues in addition to the normal swales that are put in? MR. ANDERSON: No, I don't believe APAC will be doing anything to those swales, no, sir. COMMISSIONER COLETTA: The other swales there along the edge of the road? And I guess another question for staff would be, are those -- is that a county road that's been deeded over to us or is that considered a private road? Too many questions at once, right? MR. KANT: Edward Kant, Transportation Services Director. You're talking about 5th Street, Commissioner? COMMISSIONER COLETTA: Yes, sir. MR. KANT: 5th Street is part of the Golden Gate Estates plat. COMMISSIONER COLETTA: Okay. So that is actually a county road that we're going to get serviced by APAC; is that Page 171 September 9, 2003 correct? MR. KANT: Yes, sir. That goes back to the original plan Warren Brothers PUD from 30 years ago. COMMISSIONER COLETTA: Is there adequate drainage along the edge of that road with the swales in place? MR. KANT: I'd have to rely on my memory, so I prefer not to give you a positive answer. I just don't know, sir. COMMISSIONER COLETTA: Yeah, I wouldn't make APAC be responsible for something that would be hundreds of yards away from the road, but I would assume that road drainage would be one of the aspects that you could expect with it. MR. KANT: There are swales -- my understanding is there are swales on either side of that road, and unfortunately, it's been several months since I've been down it so I just can't answer you more positively than that. COMMISSIONER COLETTA: Well, that's a concern since we don't really seem to know exactly what we're talking about when we say anything that's been inherited would not be responsible as far as drainage goes. I would assume that the drainage along the edge of a road, you know, reasonable swales would be in place. At this point in time I can't seem to get a satisfactory answer. Does anyone have that answer? CHAIRMAN HENNING: I think one of your constituents can answer some of those, Commissioner. COMMISSIONER COLETTA: I couldn't tell what the answer was. MR. ANDERSON: Yeah, there are ditches and swales in place along the sidewalk. Were not -- APAC, when they raise the level of the sidewalks, are not going to do anything to those swales, negatively or positively. COMMISSIONER COLETTA: Okay. I just wanted to make sure that the swales are there and that they function like they're Page 172 September 9, 2003 supposed to, like we would do if it was the County -- if we were maintaining it ourselves on a regular basis; that's the only thing I was trying to do. I'm not asking you to drain the whole northeast section of Golden Gate Estates, although that might be an idea. MR. ANDERSON: I don't want to give you any ideas. COMMISSIONER COLETTA: No. Go ahead, sir. I didn't mean to interrupt you. MR. ANDERSON: That's all right, sir. I'm happy to answer your questions. Also when the repaving occurs, APAC will paint no passing double lines on 5th Street and they will also paint the speed limit on the asphalt, as well. Just a clarification on your staff report, stipulation number 2, that limitation on 7:00 a.m. to 5:00 p.m. Monday through Friday is applicable to the hauling and not to actual mining operations. In other words, they can dig on Saturday; they just can't haul anything out on Saturday. And the hours of mining operation would be 7:00 a.m. to 5:00 p.m. Monday through Saturday. COMMISSIONER COLETTA: Is that a normal feature of these pits to be able to operate on Saturdays? Is this what APAC has historically been doing? Can you answer that, Stan? MR. CHRZANOWSKI: Good afternoon, Commissioners. Stan Chrzanowski with Development Services. Yes, sir, the hauling hours are different than the digging hours. The digging hours are under the Land Development Code which gives you -- and I think the noise ordinance and the building construction administrative code -- and they allow you to work, like they said in the previous project, six days a week, you can't work on Sunday. But we're limiting the hauling on this project to five days a week because the residents are home on the sixth day and I guess we don't want them conflicting with the traffic. COMMISSIONER COLETTA: Okay. So if I understand this Page 173 September 9, 2003 correctly -- MR. CHRZANOWSKI: Not a problem digging six days a week. COMMISSIONER COLETTA: On Saturday and Sunday there won't be trucks down there, going down there just to park and load up and come back on Monday and take off There won't be any truck traffic related to what takes place on Saturday; is that correct? MR. CHRZANOWSKI: That's right. CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER HALAS: What's the digging operations, what are the times allocated for digging operations? MR. CHRZANOWSKI: I believe it's -- I think it's like 7:00 to 7:00, six days a week, but I'd have to check the Land Development Code to be sure. I'm not sure. COMMISSIONER HALAS: Is it 7:00 to 5:00? CHAIRMAN HENNING: No. COMMISSIONER HALAS: Is it 7:00 to 7:00 or 7:00 to 5:002 MR. CHRZANOWSKI: No. I think it's more than 7:00 to 5:00. It might be 7:00 to 6:00 or 6:30. But they have to get permission from the County Manager to violate those standards. And that's the standards for any construction operation in Collier County. And like I said, it's spelled out in the Land Development Code and the Building Construction Administration Code. I just can't remember the stop time. COMMISSIONER HALAS: I've got one more question for Mr. Anderson. Didn't this same subject basically come up about a couple of years ago prior to me being on the Board of Commissioners in regards to you people were going to do a study in regard to a road, a service road, to help alleviate the traffic from this mining operation that was going to some way or another enter onto 951; maybe you could elaborate about that a little bit. MR. ANDERSON: Yes. Yes. Page 174 September 9, 2003 COMMISSIONER HALAS: And where's that study today? MR. ANDERSON: That study, a scope of work for that study has been submitted to your transportation department. Work on that study was delayed because of the Comprehensive Plan challenge which concerned the North Belle Meade amendments. And as luck would have it, a meeting is scheduled with the transportation staff tomorrow morning. COMMISSIONER HALAS: I see. So what would happen if we kind of put this on hold until such time as you brought forth the exact plan? MR. ANDERSON: Sir, that would be a violation of your Comprehensive Plan. The other road is for mining outside of the western half of Section 21. CHAIRMAN HENNING: Wouldn't it be above and beyond the Comprehensive Plan? Commissioner Coletta, do you have any questions? COMMISSIONER COLETTA: Yes, I do. I'm glad you got to that. I was going to find out some more information about the interchange and like that. But let's go right to subject that Commissioner Halas has brought up. And if I may, I'm going to bring David Weigel into this discussion. Mr. Weigel. MR. WEIGEL: Yes, sir. COMMISSIONER COLETTA: I've been trying to wade my way through the wording of the agreement as far as what we're getting for a haul road or when we're getting it. And I'll be honest with you, it's not all that easy to understand. Can you tell me what kind of assurances we are going to have that we are going to be able to come up with a road for people to be able to use, plus the trucks to get out to 951, to alleviate through future impact on the people on 5th and along Golden Gate Boulevard? Page 175 September 9, 2003 MR. WEIGEL: No, I can't tell you the assurances. It's -- I don't know if I have Patrick White here for transportation that can be specific to respond, to answer to that. COMMISSIONER COLETTA: Patrick's here. MR. WEIGEL: Okay. COMMISSIONER COLETTA: The whole reason-- if I remember correctly, when we agreed to move this forward, we did it with the idea that we were going to try to protect as best we could the interests of the residents that live in that area. In other words, if we're going to have a more intense use, which we are going to get to in the very near future, that they will be protected. Plus there would be a public benefit for what's taking place in the way there'd be another road that would be put in for a good part with the expense of the developer. But reading through there, the language is such that I can't really tell what we have. Mr. White, can you clarify this for a non-attorney? MR. WHITE: Assistant County Attorney Patrick White. Commissioner, I apologize. I was having an off-line discussion. If you could just give me a brief summary of the question again. COMMISSIONER COLETTA: Mr. White, briefly, the agreement that we have to allow APAC to be able to go forward or to be able to agree for them to go forward has to do with a road being put in that would be from Wilson Boulevard to 951. And the intent of that road was to alleviate the excess traffic that would be happening to try to give some relief to the people on 5th and Golden Gate Boulevard. However, reading the language of the agreement, I wonder if we really do have anything, in fact, that's going to give us that, afford us that type of protection. MR. WHITE: I believe that you have some Comprehensive Plan provisions that are, I believe, in for amendment presently -- I'm Page 176 September 9, 2003 not sure of the status of those -- but I think that would provide the base, our justification for requesting that; whether it forms part of an existing agreement or not, I don't know. COMMISSIONER COLETTA: I'm sorry, Mr. White, I don't think I really got an answer. MR. WHITE: What I'm saying is there's authority for it but there may not be an existing agreement. I do not know. COMMISSIONER COLETTA: Are we lacking an agreement, Mr. Anderson? MR. ANDERSON: No. COMMISSIONER COLETTA: Don't go too far, Mr. White. MR. ANDERSON: Let me read you what the Comprehensive Plan states, which is where the agreement is found. COMMISSIONER COLETTA: Okay. MR. ANDERSON: Within one year of June 19, 2002, which is the date that the Rural Fringe Amendments were adopted -- and that date needs to be changed to reflect the year-long delay when they were not in effect. You wouldn't have wanted us or your county staff to be expending time and resources if the Department of Community Affairs or the Administrative Law Judge threw the Rural Fringe Amendments out, which would have included in language. It says, "Within one year of June 19, 2002, the alternative alignments for east-west roadway connecting County Road 951 to an extension of Wilson Boulevard shall be evaluated and assessed for the Board's consideration." COMMISSIONER COLETTA: Okay. And that's the whole term of the agreement, and Mr. White, you feel -- MR. ANDERSON: No, there are other -- if you'd like, I'll continue to read from-- COMMISSIONER COLETTA: Until I get that comfort level that we have an agreement that, in fact, will work, I would like you Page 177 September 9, 2003 to continue to read and Mr. White will chime in when he thinks necessary. MR. ANDERSON: "Because an earth mining operation and asphalt plant uses have existed for many years in the area and the surrounding lands in Section 21, 28 and the western half of section 22 and 27 are reported to contain Florida Department of Transportation grade rock for road construction, these uses are encouraged to remain and expand. "However, until June 19, 2004, mining operations and an asphalt plant may be expanded only to the western half of Section 21 and shall not generate truck traffic beyond average historic levels. "If by June 19, 2004, an alignment has been selected, funding has been determined, and an accelerated construction schedule established by the Board and the mining operator for an east-west connection from County Road 951 to the extension of Wilson Boulevard, mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use. "If no such designation has been made by June 19, 2004, any mining operations or asphalt plant in these areas, other than the continued operations on the western half of Section 21 at historic levels shall be permitted only as a conditional use unless the mine operator, upon failure to attain Board selection of an alignment, commits by June 19, 2004 to construct a private haul road by June 19, 2006, without the allocation of any public funds." COMMISSIONER COLETTA: Mr. White, now comes the interpretation. MR. WHITE: I think it may be time to chime in. The agreement I think you're looking for is something that could otherwise be provided as a condition of issuance or approval of this excavation permit. In fact, what the staff, I think at some point would have Page 178 September 9, 2003 suggested to you, was a couple of permit conditions that we'd worked on earlier today and that have been slightly modified based upon the time extension that you've just heard about in the Comprehensive Plan provisions that dealt with the June 19, 2002 date, the requirement to do something within a year after. Assuming for the sake of argument we go another year after that, what the conditions are, and I'll read only the first of two of them and let others deal with the second, is that the "permittee will provide a precisely defined timeline, acceptable to Collier County Transportation Services Division, to the Wilson Boulevard extension, County Road 951 connection study activities by October 31st, 2004" -- it was originally proposed to be 2003 -- "which must include a scope of work and provide for completion of the study's activities by" -- may have -- I'm sorry -- I gave you the dates incorrectly. The original date of October 31st, 2003 for them to prepare the timeline is still accurate. But completion of the study's activities under that timeline with a scope of work included would be due by October 31st, 2004. Now, that to me, would constitute a reasonable quote agreement as a condition under this excavation permit to achieve what it is that I believe the Transportation Services Division believes is necessary. And it may or may not be agreeable to by the permittee; we'll have to inquire of them. But I believe that that would be a suitable substitute for or synonym for an agreement that implements the comp plan provision that Mr. Anderson read into the record. COMMISSIONER COLETTA: If we approve this today, then the Petitioner has the right to come up with his own timeline after the fact; is that correct? MR. WHITE: The timeline would have to be completed by -- what the proposed timeline would be, would be due to us by the 31 st of this, October 31 st. And the activities under that timeline and the scope of work under that timeline would be due by October 31st of Page 179 September 9, 2003 next year. The actual construction activities and other related downstream events are something that I think the second condition pertains to and it does not have a timing provision in it. I think you have to look to what the study results are before you can actually have some determination of when the actual construction activities would have to be completed by. COMMISSIONER COLETTA: But could the petitioner by his own accord take and say the timeline indicates that we will start this road in the year 2022? MR. WHITE: Well, I think your Transportation Services Division will tell you that they prefer to have the study that is contemplated by this condition and can be inferred from the Comprehensive Plan actually be done and not rely just solely on what the petitioner's ideas may be. COMMISSIONER COLETTA: That's fine, but what do we have to hold the petitioner to coming up with something that's agreeable for the County and its residents? MR. WHITE: By imposing this as a condition of their permit, I believe you achieve that; that is their agreement with us; otherwise their permit would be revoked. COMMISSIONER COLETTA: Okay. If I may, I would like to I'm sorry. Go ahead. I appreciate it very much, call Mr. Feder up. Mr. White. MR. WHITE: crystalline yet. I hope that clears it up. It may not be entirely COMMISSIONER COLETTA: It has, but it hasn't still given me that assurance that it's going to happen the way we envisioned when we were working on it. MR. WHITE: I think you need to have a little more on the record about what the actual construction. COMMISSIONER COLETTA: Maybe Mr. Feder can help us Page 180 September 9, 2003 with that. MR. FEDER: For the record, Norman Feder. Commissioner, I think your question, if I understand it correctly, is what was the agreement previously. They were to have two years from then. Within that period, they were to have done a study, identified all viable alternative alignments for a haul road, giving us a good idea what the options are to evaluate what respective costs might be to proceed on that so that we could come to the Board and make some decisions either to move forward. Otherwise, if after two years we couldn't decide on something, they can move forward on their own haul road. Your question, I believe, and I'll defer to the petitioner on this, but I believe they can't start their operations in the other area until they've gone through that process. So I believe that's the impetus for them to move on something. But I was hoping obviously out of this process that we would have had a plan already under way. We haven't had that. We're already one year in. They've noted that was because we had the one year delay in implementation. If that's the case, they're now asking that basically that two year period, both their process to move to the study and how long the study will go for and when they have that option, moved out a year. My only concern on that, I think is what your question is, and that is that moves out at least a year some solution, whether it be some route that they decide or one that the community decides is a better haul road. COMMISSIONER COLETTA: And that's what Commissioner Halas was alluding to just a short while ago. COMMISSIONER HALAS: I believe so. COMMISSIONER COLETTA: Commissioner Halas, I didn't mean to tie you up forever. Page 181 September 9, 2003 COMMISSIONER HALAS: That's exactly it. Because this has been carried on. And we want a concrete plan before we're going to go ahead with the approval of this thing. So I think where Commissioner Coletta is coming from, he wants assurances that this is going to be put in place and it's going to be enacted, and if it's not, we have the opportunity to shut this down or to ask that this be put in place. MR. FEDER: I will defer to others on the specifics of opportunity there, but I will tell you that we do want to see this study proceed and whether that be in a modified schedule or in some provision for an accelerated schedule to get it going before the two years is up. COMMISSIONER HALAS: I would like to see it as soon as possible. CHAIRMAN HENNING: We do have some hopeful speakers. Mr. Anderson. MR. ANDERSON: Commissioner Halas, I don't believe you were on the commission at the time -- COMMISSIONER HALAS: That's right. MR. ANDERSON: -- that this was all approved, but I really need to make this very, very clear. The Wilson Boulevard extension has absolutely nothing to do with this particular excavation permit application for the 166-acre excavation. As Mr. Feder explained, the impetus to the property owner is that he cannot do any earth mining outside of this quarter section and the one immediately below it until the Wilson Boulevard extension question or a private haul road is decided. But it would be improper and unlawful to deny this excavation permit on anything related to the Wilson Boulevard extension question. Your Comprehensive Plan is quite clear on that. COMMISSIONER FIALA: Bruce, you just said 166-acre; that's the second time you said it. In our book here it says 148. Can you Page 182 September 9, 2003 tell me is it 148 acres or 166? MR. ANDERSON: It's 166. CHAIRMAN HENNING: Okay. Any other questions before we go to public speakers? We have five public speakers. We do have somebody representing the residents. Please call up the -- MS. FILSON: The first speaker is Nancy Payton. She will be followed by Charles Goodacre. MR. CHRZANOWSKI: Excuse me, Commissioners. Since staff hasn't had a chance to really talk -- I guess some staff did. Stan Chrzanowski with Development Services. I'd just like to get in one comment before the public starts. We looked up the reference on hours of operation and at Section 1.5.5 of the Land Development Code, "Any construction activities and site preparation activities, including but not limited to land clearing and grading, excavation and vegetation removal, authorized or permitted pursuant to the provisions of this code, which is the excavation, 3.5, shall occur only during the following hours, 6:30 a.m. to 7:00 p.m. Monday through Saturday. "No construction activity or site preparation activity is permitted on Sundays or on the following holidays" and then it lists them. So it's 6:30 to 7:00 six days a week. CHAIRMAN HENNING: Okay. MR. ANDERSON: I just wanted to note that we voluntarily subjected ourselves to stricter time limits, to only 7:00 to 5:00, and I want some credit for that, please. COMMISSIONER COYLE: Where's the magic dust. CHAIRMAN HENNING: Ms. Payton. MS. PAYTON: Good afternoon. Nancy Payton representing the Florida Wildlife Federation. As I'm sure you recall, the North Belle Meade Overlay was part of addressing the 1999 final order and in settling a variety of lawsuits surrounding the 1998 challenge by the Florida Department of Community Affairs, Florida Wildlife Page 183 September 9, 2003 Federation and Collier County Audubon Society. At your urging the three of us were encouraged to resolve our issues and settle the lawsuit. And the implication was that you would support the effort of how that resolution came about. And as a result of months of working together in a very positive manner we came up with the North Belle Meade Overlay. You adopted that plan. And it's now in effect. You adopted it with some amendments. Our original overlay plan called for Wilson Boulevard to go all the way down to Landfill Road and out to 951; that's what we recommended in our overlay plan. But during the hearings, the County requested that there be a study of other routes because there were concerns about dumping traffic onto 951 in that particular area. So the study was brought about by the County. It was not part of our original plan. The section that's today, or the quarter section that's under discussion was always -- as I understood it and has been said before -- was it was an understanding that that mining operation could proceed, but any additional mining operation was contingent upon when the study ended. Florida Wildlife Federation, Collier Audubon and the East Naples Land Company joined you, the County, in defending this plan. We prevailed. And now it comes time to implement the plan, which sometimes can be the hardest part of adopting these plans, as we know, because that's what brought about this, because the 1989 plan wasn't properly implemented. So it really comes time to walk the talk. It's time now for you to bring about your share or your part in this resolution of the final order in the legal settlement. The Golden Gate quarry is the key to the North Belle Meade Overlay plan. In exchange for the quarry there are 1,500 acres that Page 184 September 9, 2003 will be protected in the Natural Resource Protection Area and serve as sort of a catalyst, we hope, for additional lands to be added to that through Conservation Collier or mitigation or some other type of land acquisition effort. But it is the key to holding together the North Belle Meade Overlay and the commitment that was made legally binding through our Growth Management Plan. So we urge you to approve what's before you today and we pledge to work with the County and the land owner and all others in resolving how the final alignment of Wilson Boulevard will be. But we do need to move forward. Thank you. CHAIRMAN HENNING: Commissioner Coletta. COMMISSIONER COLETTA: Yes, thank you. Ms. Payton, I tell you, I admire some of the work you've done out there, you've done a tremendous job, and you have done a lot of work in putting this whole thing together. However, with that said, I think we are committed for the rural fringe to make this all work. But the devil's in the details and we are down to the last few details and we are not going to concede and roll over and play dead until we can iron out the last parts. I know it's painful for some people what we're doing, but we're trying to represent the interest of everyone that's out there. I don't think we have anyone here that is totally opposed to this happening. It's the details that have got us concerned. Some of these details maybe should have been worked out a little better beforehand, but you remember all the things we went through when we were trying to reach the final conclusion and everybody stayed up all night when I brought up about the road to go from Wilson to 951 and it was a marathon session to try to fit it into the plan at the last minute. I don't think we gave it a lot of thought. There's some things that are missing in there. There's some level of comfort that's lacking at this point of time. I'm sure before the day's out we're going to be Page 185 September 9, 2003 heading in the right direction, but we still have to get to that point. And for us to just agree to everything just as it is would not be a responsible thing for us commissioners to do. MS. PAYTON: Commissioner, I see two different issues that are getting confused. One is the quarry, and the other issue is this year-long study which will be addressed separate from today. And we have plenty of opportunities to deal with the specifics of that study. But that is entirely separate from this little -- this mining operation that's before you today. It does have implications for expanding that mining operation, but not for this quarter section. I think that's very important -- COMMISSIONER COLETTA: And I understand. But it's still referenced in the documents we're dealing with. So since it's referenced in there, we can work with reference material we have. In the end -- I mean, we haven't gotten to the end. We'd never refuse it for something that's illegal I can assure you. CHAIRMAN HENNING: Okay? MS. PAYTON: Very good. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Charles Goodacre. He will be followed by Ken MacNichol. MR. GOODACRE: Good afternoon, Commissioners. For the record, my name is Charles Richard Goodacre. I reside at 191 5th Street Southwest. I've been there approximately 15 years. I come before you this afternoon -- being kind of nervous if you'll forgive me. I -- whether it'll do any good or not, I kind of oppose and most of us oppose the pit permit being reissued. Having said so, if it has to be done, then there's several options that we'd like to see that are followed through. And if you don't mind, I'll -- some of them you've heard before, but I'll not necessarily want to reiterate them, but I just happen to have them written down so I'll have to reread them again. Page 186 September 9, 2003 And there are several questions that we at 5th Street would like to ask and an answer given today if not, before a permit is issued. In other words, I'll ask a question mostly to the gentlemen from APAC and I'd like to -- the reason I want an answer or commitment today is so that we can put it on the records so that we will have something and you folks will have something to back up, instead of saying but we just said we'd look into it. So I want a firm commitment on some of these items. One of them is will APAC build and raise the sidewalks so as not to flood out the houses on the east side of the street, on 5th Street Southwest, so kids can best walk to the bus stop. If they just repair the sidewalks, right now, I don't have a transit, I didn't have a transit or theodolite or laser to even measure, but there's about 12 or 16 inches difference between the road elevation and the sidewalk. Any time it rains the water just floods the sidewalks and the kids can't walk on the sidewalk unless they catch pneumonia or whatever. So they have to detour and walk on the street, which is very dangerous, especially the high school kids early in the morning when it's dark. Will APAC rework the right turn lane on Golden Gate Boulevard. Here-- MR. HENNING: You have to use the mike, sir, right behind yOU. MR. GOODACRE: Oh, I heard somebody else using it, blew my ears out. This is Golden Gate Boulevard. Is there a control -- MR. MUDD: Yeah, it should be on. MR. GOODACRE: Golden Gate Boulevard. I don't need it. CHAIRMAN HENNING: Well, the court reporter needs to hear you, sir. MR. MUDD: Testing one, two. CHAIRMAN HENNING: We've got to change the batteries, Page 187 September 9, 2003 hang on a minute. Hold the time. MR. GOODACRE: All right. Right here is Golden Gate Boulevard. This is going west. 95 ! is up here. Wilson Boulevard is right back in here behind me. This is 5th Street, this is Southwest, this is Northwest. If you come out here in the morning to go to work or wherever you're going to go and you happen to be stopped at this traffic light right here, and a semi comes down here, tractor and trailer -- or what do they call it, ones with the bathtub on them, there's trailers that look strange, they're real long and such, dump trucks -- he either has to take the nose of his truck and pull out back on the ongoing traffic lane on the Boulevard in order to make that turn or these people come coming out of, egressing from 5th Street onto the Boulevard, they have to back up. This is a very dangerous intersection. And when they put this traffic light up here, the traffic light is only about 12 feet from the curb. If you ladies and gentlemen of the Commission and staff here would drive down there, you'll see all the tire marks all over the curbs where their trailers and the semis and whatever have been over the curb. There's two little -- these little flexible posts. CHAIRMAN HENNING: I wrote down your request, sir, so we'll get that answered. Do you have some more? MR. GOODACRE: Yeah, there's two reflectable posts there. I guess when the drivers turn, they watch it to make sure they don't hit those posts. But that's a very dangerous intersection. And if it's a truck -- two or three trucks in here and a car up there, you got a situation about to happen. It may not, but there's a lot of possibilities for it. So I'd like to see that part corrected if I could. I'm not the only one. The other residents, also. Will APAC or the County install lights where children can walk -- where children can walk safely to catch their school bus in the morning? Page 188 September 9, 2003 5th Street is very dark. If the kids are not on the sidewalk, if the sidewalk is not done, repaired or whatever or raised up and repaired, made serviceable, kids walk in the street. The truck driver's got nothing to do but ride and follow their gleam of their lights -- of their headlights in the morning early. If one of them happens to be drinking a cup of coffee or spills it and turns down for an instant and has that big old rig and he turns the wheel on it just a hair, you can wipe out a child. And I hate to compare the cost of a child's life to the cost of a street light, that's not very fair, and I think the child's life would outweigh the street light. Will the County Sheriffs Office maintain and control the speed of trucks up and down 5th Street? I understand that the County Manager and the Commissioners have no say at all with the Sheriffs Department. The sheriff has his own identity, he does what he wants to do. He can dispatch or not dispatch. I've been told before when I've called the substation in Golden Gate that they can use my driveway to put a squad car in there and catch a few of these guys, because it doesn't take long and all of a sudden it's on the CB and everybody creeps down the road. Okay. I wish there was some way, and I don't know how to do it, maybe some brighter minds than mine can figure out how to get and make the County and the Sheriffs Office put a car out there one hour early in the morning and then three hours later come back for another 20 minutes or so, and do that for, you know, maybe three times a week or maybe five times a month, just something to let these people know, these truck drivers, that they can't be doing 80-something miles an hour up and down 5th Street Southwest. Believe me, they do it; I've followed them. And I was in the wrong doing it, but I had to do it for myself to know what these guys were doing. APAC said that they would resurface and maintain 5th Street Southwest and paint double solid lines going down. Who would see Page 189 September 9, 2003 that this is done and when? I mean, all we have is their word. Can we get a commitment from APAC? MR. WHITE: 90 days. Within 90 days. CHAIRMAN HENNING: Mr. Goodacre, is there any more? MR. GOODACRE: Yes. CHAIRMAN HENNING: Okay. Why don't we get through those and we'll address them. MR. GOODACRE: The deed to my property says that I don't have mineral rights. If I was to dig a hole in my back yard and I find oil, it goes to the Collier Company or Collier Corporation or whatever it is. How is it that APAC has the mineral rights and can get all the resources out of the earth when I can't do it? Okay. Now, another question is they will be pulling out approximately three quarters of a million cubic yards a year of material out of the earth at a sale of one to two dollars approximately a cubic yard. Fifteen year time they will be pulling 10 million cubic yards of material out of the earth. I think, myself, that APAC should foot a lot of the bills for all of this money they'll be making instead of putting the county at that big burden, financial burden. They'll start mining 160 acres, which I've got here -- can you, does this thing work some way? Oh, it's on. Okay. They're going to start mining right in here. CHAIRMAN HENNING: Sir, can you-- Mr. Mudd, can you use the pointer? You have to use the mike so that the court reporter can get your comments on the record. MR. GOODACRE: They're going to start mining right in this 160 acres -- or 66 is it what it is now, I guess. They are still using 5th Street as an exit -- or entrance and egress. And I went down the other day to Wilson Boulevard. Everybody is talking about putting a street down Wilson -- is that it here, I think. And there's 38 homes on Wilson Boulevard. There's approximately 60 homes on 5th Street Southwest. Page 190 September 9, 2003 I don't want to push anything onto the residents of Wilson Boulevard, but what I'm thinking and hoping is that APAC would build another road going out directly to 951 either down by the -- I hate to use the word dump -- but down by the dump or the water plant down there. Thank you. APAC will make 312 trips a day, plus Krehling cement trucks, plus asphalt trucks. With all this truck traffic, how are our kids supposed to be able to play, ride bikes, skateboards and roller skate in the street? They do it all over the world, all over this county, put it that way. CHAIRMAN HENNING: My kid doesn't play in the street. MR. GOODACRE: Your kid doesn't play in the street? Then you ought to give him a gold star. My kids don't either because they're 30 years old. But the younger kids, they do play in the street, and there's not a heck of a lot you can do to prevent it. I mean, if you tell them, don't go in the street, well, Tommy's in the street so Billy goes in the street. All right. Why was the light installed at 5th Street and Golden Gate Boulevard one year ago and who paid for it? Why would you put a traffic light up on a no street -- I appreciate you honoring me for living there by putting a traffic light so I can get in and out, but I'm not important enough to have it. So there must have been a better reason for this traffic light that costs $40,000 to $60,000 to put up. Who paid for it and why was it done? CHAIRMAN HENNING: I have to ask you to wrap it up, Mr. Goodacre. MR. GOODACRE: Pardon? CHAIRMAN HENNING: You have to wrap it up; you're past your ! 0 minutes. MR. GOODACRE: These guys here, high priced lawyers, they get an hour? Come on. Give me a break. Was this a done deal before we came here, if so today? Elections are coming up soon. All Page 191 September 9, 2003 right. Quickly. Dirt and dust falling off the trucks. Trucks take, in traffic, 31 trips per hour, including the dump trucks -- I mean, the cement trucks from Krehling and the asphalt trucks. That's a lot of traffic on one little street. Lower the speed limit from 30 miles-an-hour to 25 miles-an-hour. And others have talked about putting speed bumps in there. One more item. During the term of Anne Goodnight we were told when the permit expires it would be renewed -- it would not be renewed. Why is it now going to be renewed? And what faith have we got in our County Commissioners, in their word. And I thank you. And I appreciate it if I could get some answers rather than y'all just sitting up there like a bubblehead on a car or something. CHAIRMAN HENNING: You will get your answers, sir. MR. GOODACRE: Thank you. CHAIRMAN HENNING: Thank you. You had more than your time. MS. FILSON: Next speaker is Ken MacNichol and he will be followed by Brad Comell. MR. MACNICHOL: My name is Ken MacNichol and I've been a 22 year resident on 5th Street. I've put up with the truck traffic for years thinking eventually it would be over, and I was told around 2000, but now it's going to continue. So if so, then concessions of the intersection need to be addressed. There is a drainage problem that was not there before Golden Gate Boulevard was widened. Now it don't seem to drain. We have standing water which the health department advises against. The debris that's generated from the condition of the trucks needs to be addressed. A lot of times it was just let lay. And there's broken windshields and other type of damage. The condition of the road previously was let go too far before it Page 192 September 9, 2003 was repaired. Even though it was done by APAC, it was just let go too long. The empty dump trucks hit these imperfections in the road and you can hear it in your house when your house is 300 foot off the road. The double-laning -- or the double striping of the road for no passing would be an excellent idea because it prevents passing. The reason that they're passing going in, is the first one into the quarry gets loaded first. You could change the speed sign to lower the limit but with no enforcement it won't make any difference. As addressed earlier here, the speed is going to find its limit. There's been truck accidents and single vehicle truck accidents where trucks have overturned in the middle of the road just in 5th Street between the quarry and the Boulevard. I don't know what time they picked their historic levels for the traffic count, but at any time the number of residents on the street was a lot lower. I moved in, was the 4th resident on the street. I knew the quarry was there, I had no complaint; actually, they've been good neighbors. But it's the drivers that the quarry attracts that create the problem. I don't see an alternative but probably to come back at an additional time to address speed bumps because there is nothing going to slow them down. I retired from the sheriff's office and I wrote a ticket on this street at 82 mile-an-hour for a dump truck going in. So it's not just five mile over the speed limit or 10 miles over the speed limit, it's 50 miles over the speed limit with these type of vehicles. It's been a problem with their employees going in and out, the same thing, speed. Granted there are problems with the residents on the street speeding, also. Another thing that needs to be looked at is at the comer, as narrow as it is, the residents create a further problem with parking Page 193 September 9, 2003 there when the school buses are loading and unloading and then doing a U-turn with the trucks coming in. And you can't make a clean sweep U-turn; it's got to be a three or four-point turn, depending on where they're at. They're actually using the traffic lanes and cutting where there's three lanes there down to one lane. So there a lot of safety issues that need to be addressed. Raising the elevation of the sidewalk really can't be done without affecting the ditch there, the drainage swale on the east side of the road. There is somewhat of one, and the County has looked at it several times and it still don't function properly. On the west side of the road the drainage that never held water before, the drainage swale now holds water. I'm trying to think what else. I mean, I've been there all these years. As far as the quarry itself, the blasting and everything, I think their hours and the concessions that they made are excellent. They did stipulate that -- they said hours of time was from 10:00 to 2:00 that they would blast, they said there won't be numerous blasts during that time; they said that there would only be one, If that's the way I understood it correctly. But I can't see where the additional part of the mining is going to be that impact, it's going to be the addition of the trucks back in there which we haven't had for quite some time now. I thank you for any consideration you'll give to this and I appreciate it. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Brad Cornell. He will be followed by your final speaker, Nelson Munoz. MR. CORNELL: Hi, Commissioners, I'm Brad Cornell and I'm here on behalf of Collier County Audubon Society. And I'm not going to repeat what Nancy Payton and Bruce Anderson said in terms of the history of all of our involvement with Page 194 September 9, 2003 this area, the North Belle Meade Overlay. But I do want to reiterate our support for the plan as you have adopted it and as we all have worked on it through the rural fringe process. We all supported the terms of that agreement that we all had. And it's important to note that through that agreement we've protected two-thirds of North Belle Meade -- their natural resources and two-thirds of North Belle Meade. And part of that protection involves the allowance of the expansion of this mining operation at least to the 166 acres that are in today's permit. So this is part of that plan and I don't see how we can read that any other way. We certainly support an expeditious completion of the Wilson Boulevard alignment study. It's important, that was part of the agreement that we had when we discussed this in front of you all for the transmittal and adoption, as was the red-cocaded woodpecker study, which we haven't discussed. But that was another part of the agreement which hopefully we'll hear more about soon. So I do urge you to recognize this permit in front of you as part of that plan for the North Belle Meade Overlay. Thank you. CHAIRMAN HENN1NG: Thank you. MS. FILSON: Your final speaker is Nelson Munoz -- I'll let him tell you. MR. MUNOZ: My name is Nelson Munoz and I'm a resident of 5th Street. The reason I'm here is I have concerns in the traffic flow. 5th Street might have been a good, viable road for APAC while there was a small amount of residents in the street. But the road has become not viable because the resident population has grown, not only by adults, but by children. And I don't have a problem with them mining and doing business. The problem I have is that the trucks are dangerous for the kids and we have many kids in the street that go to school, even when they play on the sidewalk -- not playing in the street or Page 195 September 9, 2003 anything like that, being disrespectful. Those trucks are pretty wide. When two trucks are going by and if they're not paying attention, they're on their cell phone or anything like that, sometimes they have a tendency to go to the side and that's a danger. I think that a different road, something that's wider -- that road is not as wide as Wilson Boulevard -- or probably a new road would have to be built to accommodate. But my problem is that I think that the traffic pattern for those trucks and the number of residents that live there are not compatible. I'd like to have them rethink a different route to have those trucks go in and out. Thank you for your time. CHAIRMAN HENNING: Thank you. Commissioner Coletta. COMMISSIONER COLETTA: Thank you. If I may. Mr. Anderson? CHAIRMAN HENNING: Mr. Anderson, do you represent your client? MR. ANDERSON: Yes. Mr. Donofrio from APAC Southwest would like the opportunity to address some of the non-legal type questions that were raised and then I would like to speak after him. MR. HENNING: Do you have any questions? COMMISSIONER COLETTA: I just have some very strong concerns here for the residents out in this neck of the woods. If they're putting up with speeds of these dump trucks doing 80 miles-an-hour, some way or another we have to come up with an education process, and I'm hoping that APAC will some way or another start to educate some of these drivers. Maybe we can get some type of enforcement out there or that these people are caught speeding and using that as raceway to find out who can get to the mine the quickest so they can get loaded up, there could be some penalties imposed in this. This is not a raceway. Page 196 September 9, 2003 MR. ANDERSON: To that end, sir, and I neglected to mention this as one of the conditions, as I sat down too soon. APAC is going to distribute warnings to the truck drivers. And they will enforce this, that if any of the drivers receive two or more speeding tickets on 5th Street, that they will not be allowed back in to haul from the mine. COMMISSIONER COLETTA: Well, then we've got to get enforcement out there on 5th Street. CHAIRMAN HENNING: Mr. Anderson, your client will have to -- after he's done, he'll have to sign in a speaker's slip. Let's roll. COMMISSIONER FIALA: I wanted to ask a question. I'm sorry. I had a bunch of questions but I'll just ask this one in regard to what he said. How often will you be distributing those warnings? I mean, once they're distributed, it seems that in a couple of weeks, they're forgotten. Could this be on a regular distribution basis? MR. DONOFRIO: Our proposal is to make up several thousand of these pamphlets and to distribute them. With every ticket that the mine gives out, the pamphlet will go out to the truck driver. And we intend to do it indefinitely. My name David Donofrio. I'm the Division President of APAC Southeast, Incorporated. It's not Southwest, it's Southeast. It was formerly APAC Florida, Incorporated. I've been a division president of the Sarasota division for 10 years. I've been involved with this mine for 13 years. I'm also a registered professional engineer. I would like to point out a couple of clarifications. The 42 acres in the center of the mine is zoned an industrial tract and is permitted for an asphalt plant and ready mix plant and mining. And the asphalt plant and the ready mix plant are zoned there to be there indefinitely. So this permit issue is not a question of no trucks or trucks, because it will always be zoned industrial there. This permit Page 197 September 9, 2003 application is to dig 166 acres of land in the northwest quarter section. And I do not own that section of land, it's south of the property. But I have an agreement to mine just that quarter section. And that quarter section is allowed to be mined under the comp plan, independent of any of these traffic studies which are another client of Bruce Anderson is the land owner of this section. But to address some of the issues that Mr. Goodacre brought up, we had the residents' meeting and we went over the pamphlets on the speeding. Sheriffs department representative was there and assured the residents that increased enforcement would start immediately. And we will do everything we can to work with the sheriffs department to cut down on the speeding. One of the residents suggested a double yellow line down the center line. I thought it was an excellent idea and I suggested painting additional speed limit signs on the road to emphasize it beyond the speed limit signs which are posted at the side of the road on signs. The subject of speed bumps was discussed at the meeting and one resident suggested it and several residents were against the idea, both for fire or police action and for their own vehicles being harmed. In my opinion, there's an additional problem in that empty dump trucks going over speed bumps create a lot of noise with the tail gates and the chains. And I think the noise creation would be unacceptable to the residents. Now, I have independently decided that-- there is a bridge across the canal at the southern termination of 5th Street and that bridge needs to be protected. I've decided to put a speed bump at the bridge to, number one, help slow the traffic down on the bridge to protect the bridge and, number two, to help eliminate the straight shot from Golden Gate Boulevard all the way in. I would not recommend speed bumps in the middle of the road Page 198 September 9, 2003 because I don't think the residents would be happy with that. Now, as far as the drainage. I've been going in and out of that mine a number of times for the last 13 years and during the heavy rainy seasons several areas of Golden Gate Estates have minor flooding problems and 5th Street is no exception. I've seen over several years, including before the Golden Gate Boulevard improvements were done, I've seen the front yards of the houses on the east side of the street flooded, as well as the swale and the bike path. There's long-standing drainage problems that I don't think you can correct because that's the way Golden Gate Estates was built 30 years ago. There is a drainage swale down the east side with culverts under the driveways and I will agree to raise the elevation of the bike path where it goes underwater, which may be 25 to 30 percent of its length. I would not advise raising it to the elevation of the street, only to the elevation that's needed. And we could measure that during these rainy spells which we're having plenty of them to get it above the water level. To put it at the elevation of the street I feel like would create a little more safety hazard by getting it up even with the street. And it's not feasible because of the drainage swale that's behind the sidewalk. The more you raise it, the more you have to worry about the back slope. You're probably going to have to put a little fill on the back slope and sod it and at the same time not change the drainage that's in the swale there now. As far as the intersection that Mr. Goodacre talked about, I've reviewed this drawing of the intersection with the county transportation people earlier today. They feel assuredly that the road is not designed improperly and that trucks should be able to make the turn if they make the turn slowly enough. And we feel like some striping improvements to move the stop Page 199 September 9, 2003 bar and maybe realign some lanes may help that problem. But they told me that they did not feel that the actual curb and gutter radius was improper or should need be changed. I do agree to work with the county transportation department to try to solve that problem and make minor improvements. CHAIRMAN HENNING: Okay, sir. MR. DONOFRIO: I think that answers -- do you have any other of Mr. Goodacre's concerns written down? CHAIRMAN HENNING: I have them all written down but I want to get to the County Commissioners concerns. Commissioner Coletta. COMMISSIONER COLETTA: Thank you. Sir, could you tell me -- can you explain to me exactly what you understand about our deal with the road supposed to go from Wilson to 951; in your own terms what do you think it says? MR. DONOFRIO: To me, the agreement says that mining is allowed in the eastern half of Section 21 without any conditional use required, just an excavation permit, as long as mining haul out of 5th Street does not exceed average annual haul over the past 10 years. It goes on to say that any further permitting of any more of those lands south of us will require -- or any increase of truck traffic beyond the average annual haul roads will then require this traffic study to be done and an additional haul route to be identified and constructed. But in my opinion of what it says, those are all conditions to either go outside that half section or to exceed the average annual traffic counts. COMMISSIONER COLETTA: To be honest with you, what you just came up with is what I understood, too. And I keep -- MR. DONOFRIO: Well, I've been reading it over several years and I'm probably more knowledgeable than the staff member you asked that wasn't familiar with it. Page 200 September 9, 2003 COMMISSIONER COLETTA: Why would we want to have -- we have to come up with a decision to build it. I'm a little bit confused now because we seem to be rushing to the fact we want to get this road planned and the plan in. But if there's no plans to build it until you reach critical mass, that could be 20 years from now, couldn't it? MR. DONOFRIO: Well, I'm not sure what you mean by critical mass. COMMISSIONER COLETTA: In other words, reach that point where you would have to put more trucks on the road than you currently do. MR. DONOFRIO: If we wanted to put more trucks on that the historic numbers of trucks or if we wanted to mine additional areas we would have to have the haul route identified and constructed; that's what the Comprehensive Plan says and it does not tie that into the excavation permit in this quarter section. COMMISSIONER COLETTA: Okay. Let's go back to the Boulevard again, too, the fact that that right hand turn lane into 5th has been such a problem that the trucks have to turn wide to get in there. Has there been any discussion with you and transportation as how that could be resolved; that seems to be one of the main issues. MR. DONOFRIO: Only in the hall in the last hour before this public hearing started. I did not know there was any problem until we had a neighborhood meeting two weeks ago, that was news to me. When it was two lane Golden Gate Boulevard and two lane 5th Street, it was not a problem. I heard that two weeks ago. And we reviewed with the transportation staff that drawing right there. And I don't understand the full nature of the problem of the trucks turning. COMMISSIONER COLETTA: But one of the things though, I know many times we've had new pits come on the line and we required them to put turn lanes in. I wonder why this wouldn't be different, you know, in other words to accommodate the needs of Page 201 September 9, 2003 this. Obviously, if they're trying to make a right hand turn off there and the truck is of the dimensions that it is and in order to make it, it has to go into the next lane over, there's got to be a sufficient safety problem. I'm not a traffic engineer, maybe Mr. Kant or Mr. Feder might want to comment on it, but I do think that this has to be some sort of condition that we get resolved before we go on, what's going be done on this. This is not something that I'm willing to approve, put my vote on this and say that I'm approving this if issues like this can't be resolved. I do appreciate your efforts to come forward on the sidewalk and several other issues that have been a concern with the neighbors. It was very gracious of you to meet with them when you weren't required to. But we need to keeping looking at this before we can -- I can reach a decision on this today. MR. DONOFRIO: I can't say that this intersection is a gigantic improvement over the intersection that was there prior to the Boulevard improvements. Those Boulevard improvements were completed, I believe, in 2002. We did the work for Collier County there. But I don't understand why this greatly improved intersection has created a problem that wasn't there before. CHAIRMAN HENNING: It's because your clients, the people with the trucks, continue to want to speed to get in there to fill. And they're making that wide turn. You said it, yourself. And that is not the residents that are causing that problem; it's the conditions of the fill permit or the fill area. So I think what we're going to see here if we get through this fairly fast is, let's put conditions on the permit and move forward. COMMISSIONER COLETTA: Fine. CHAIRMAN HENNING: Guys? COMMISSIONER COLETTA: That's one of the conditions I'd Page 202 September 9, 2003 like to see on it. CHAIRMAN HENNING: Well, we can go through it, but is there any questions we have to get through? COMMISSIONER FIALA: Yes, I have two. CHAIRMAN HENNING: Okay. Please. COMMISSIONER FIALA: You've answered my sidewalk question. I just have two questions. What do you do about mosquito control over that huge area of water? I know it hasn't been mentioned before, but are there any mosquito problems out there, you know, with all of that exposed water. MR. DONOFRIO: Did you say mosquito? COMMISSIONER FIALA: Yeah. I'm sorry. MR. DONOFRIO: I don't know whether there's a mosquito problem there or not, but I would assume throughout Golden Gate Estates there's a mosquito problem, especially this year with the standing water. COMMISSIONER FIALA: Okay. And the second thing I had to ask was the condition of the road you say will be maintained. Will they be maintained and monitored so that, you know, as these trucks tear it up you keep maintaining that road? MR. DONOFRIO: Yes. COMMISSIONER FIALA: Regularly? MR. DONOFRIO: We've had a requirement to maintain that road for many years and we've repaved it several times and will continue to maintain it until there's an alternate haul route available. CHAIRMAN HENNING: Okay. Commissioner Coyle. COMMISSIONER COYLE: Yeah. I've got to clear up some legal issues. Mr. White, I've heard it said that there is no linkage between this excavation permit and the road or traffic control responsibilities or building sidewalks or anything else; is that true? Page 203 September 9, 2003 MR. WHITE: In part, the Comprehensive Plan provisions that pertain to receiving areas in the North Belle Meade Overlay that are applicable in some places are mandatory and in other places are discretionary. The discussion we had earlier about what the authority was and whether there was an agreement or not based upon what the comp plan says, were answered accurately. But to put them in the context of what Mr. Anderson has told you, he is correct in stating that the permit could be issued without any condition pertaining to a haul road -- an alternate haul road -- because the Comprehensive Plan provisions speak in terms of may or should. The only mandatory provisions are the ones that impose a requirement that they obtain an excavation permit. Because one of the things that this set of provisions does is effectively say that these are the rules for this area and that as to any of the other rules we have for conservation and coastal and public facilities element, the future land use element, those rules generally do not apply. It's only these specific ones here. And as a result, they're required to obtain an excavation permit. That permit must be consistent with these regulations the regulations themselves, however, are not in mandatory terms. There is some authority, of course, as there is in general law, to impose conditions that are reasonable. And I think it was your staff's desire to present that condition that we initially talked about with respect to the study as a reasonable condition. It does not have to be imposed in order for the approval of that ex -- of this excavation permit to be considered consistent with the comp plan. Now, that may not address all of your questions, so I'll be happy to answer any further questions. COMMISSIONER COYLE: Well, I've got sort of the same confusion that Commissioner Coletta has. MR. WHITE: Okay. COMMISSIONER COYLE: It seems to me that we must have Page 204 September 9, 2003 negotiated an agreement in order to reach a settlement for the North Belle Meade area. Now, if we negotiated an agreement, what does that agreement say? MR. WHITE: The agreement is the set of provisions that I've been referring to for the North Belle Meade. Part of it talks about transportation for future development beyond where this area is. COMMISSIONER COYLE: Let's deal only with the 166 acres right now. Let's presume they never, ever, ever mine anything beyond that and that they never have a single truck more going in and out of there than they've had over the average of the last 10 years. MR. WHITE: Then Mr. Anderson is correct that there's no need for a further condition. These regulations speak only to exceeding that historical level or expanding beyond that area. COMMISSIONER COYLE: Okay. So there's -- let me try to restate this and see if I understand this correctly. There is an agreement which says that they can go mine 166 acres without any conditions whatsoever, without building a road, without building a sidewalk, without doing anything as long as they don't have more than the average number of trucks going in and out of there that they've had the last 10 years. MR. WHITE: That statement is mostly true. The only part I think that's not is to the extent that there may otherwise exist the necessity for reasonable conditions unrelated to that one that was read earlier about the study. What you have here is a lessee asking for an excavation permit. The owner, who I believe is Mr. Brown, is -- I think, Mr. Anderson is prepared to put a commitment on the record on behalf of that client with respect to the study that we're talking about that I think the transportation services folks are interested in. But that is something that is beyond, legally in terms of consistency of the comp plan, the issues we're talking about with Page 205 September 9, 2003 regards to a haul road. They can -- as long as they stay under the threshold of the trips and do not go beyond the area which they're not asking to do under this permit -- then that additional condition need not be imposed. But there are other reasonable ones that should be and those are have been committed to. So like I said, your statement is mostly true. COMMISSIONER COYLE: So wanting to protect the citizens, where is the best place to attach these conditions, to the development of the road whenever they exceed the capacities they're at now or should we try to attach those conditions to the issuance of the excavation permit now? MR. WHITE: In my opinion, you'd be better served to await any expansion and attach it as a condition to that request for a development approval and utilize code enforcement for the purposes of determining whether there may be any violation of the historic number of trips. We'd have to probably put down counters -- I don't know, but there would be at least some mechanism to enforce the code enforcement. They would be non-compliant with the comp plan if they went beyond those historic levels. COMMISSIONER COYLE: With respect to enforcement, it seems that that is our problem, not the company's problem. MR. WHITE: Yes. COMMISSIONER COYLE: Education is the company's problem, of course. But when it comes to enforcing speed limits, we can't hold the company responsible for doing that I don't believe. We've got to somehow get the sheriff's department involved in not only issuing tickets for people who speed, but also to report that, if that's legal, report that to the company so they can take action against the drivers. MR. WHITE: I believe those are public records. Page 206 September 9, 2003 COMMISSIONER COYLE: Okay. So that possibly could work then, right? MR. WHITE: I believe it could. COMMISSIONER COYLE: Okay. So you're saying to me, I think, that the most logical approach would be to have -- go through the road study and develop the appropriate kinds of restrictions that would apply if they exceed their current capacities. MR. WHITE: I believe Mr. Feder wants to make a remark. MR. FEDER: My apologies, Commissioners. I do need to put one thing in perspective. Patrick's given you very good advice. But I think one thing that I need to bring to your attention, while the issue of an alternate alignment, possible new haul road is an item that's outside of the 166 as a specific provision, it's in the documents as an item that can be addressed and needs to be addressed in the fact that on a two-year study, we're already one year into that with no work. The key issue that the reason you can't wait to address that until they decide to either increase the haul volume on existing acreage or go to new acreage is because then that study, once it gets past two years, they can go whatever haul route they want if the County hasn't worked with them on a consideration of an alternate alignment. So I think that's the part of the language we need to change. To the other' issue of the sidewalk, their effort to try to encourage speed to be reduced by making it a penalty on any haulers and to our issue at the intersection, where, really, your problem is the large trucks, not your normal dump trucks, but the very large ones that are very, very problematic. And if there's an ability to restrict that and if there's some modifications to the intersection, I think you'd be better served there. Those issues can come as part of 166 as operational issues that have already been experienced as they asked to continue operation in that area. COMMISSIONER COYLE: Okay. So is it your Page 207 September 9, 2003 recommendation that we approve the excavation permit with the stipulations that the company do all the things that have been discussed? MR. FEDER: In addition, I would say to limit it down to the not really large -- and there's a definition on those, I can get somebody to assist me on. COMMISSIONER COYLE: But you also are suggesting that we eliminate this two-year drop dead date? MR. FEDER: No. I'm suggesting that we get something specific as to when the study will start, when it will be completed, and probably extend out the date for one year before they can take whatever route they want, which is, unfortunately, written in there if we do not together collectively agree on a route. They have not done the study to give the County the information that the County needs to be able to evaluate different alignments. COMMISSIONER COYLE: So why don't we reach a mutual agreement with the company that we change that language so that we have a specified period of time after they have submitted their study for us to approve or disapprove it before they can take independent action. MR. FEDER: Correct. I think you maybe want a date, but definitely, that is something I believe they're ready to work with and we would recommend that we do today, as well. COMMISSIONER COYLE: Why don't we get an indication of acceptance of that. Say yes. MR. ANDERSON: Well, first of all, we understood that this study was to be conducted jointly with the County; so it's not solely under our control. We need to consult and work closely with your transportation staff. COMMISSIONER COYLE: But, if I understand the issue correctly, Bruce, what we don't want to do is get to the end of this study and find out then that we haven't been able to reach any Page 208 September 9, 2003 agreement because we haven't had time to take a look at it and then you can take independent action, without our approval, anyway. I think that's the thing that's holding us up. MR. ANDERSON: Okay. The North Belle Meade Overlay contains time frames that were negotiated at the time. We are off on those time frames, every one of them in there, and that's the same -- same holds true for other provisions in the Rural Fringe Amendments. We are off by a year. So at a minimum, they need be adjusted a year as part of your evaluation and appraisal report update to the Comprehensive Plan. COMMISSIONER COYLE: And that's through no fault of your own. MR. ANDERSON: Right, right, right. COMMISSIONER COYLE: No fault of ours. MR. ANDERSON: Or yours, no. COMMISSIONER COYLE: Okay. So we adjust the date a year, right? MR. ANDERSON: Yes, sir. COMMISSIONER COYLE: Okay. MR. ANDERSON: And let me say on behalf of my other client who owns the property, that he wants to work very expeditiously to get this completed. Let me read to you a couple of-- to help refresh at least four of you's recollection I'd like to read from the June 19, 2002, transcript from the adoption hearing for the Rural Fringe Amendments where this very specific issue was discussed. First I'll read what I said. And I reiterate this commitment on behalf of my client. I can tell you that my client said to me tonight to let you know that we are anxious and willing and ready to go to work with you to get this other road constructed and the sooner the better. I repeat that again today. COMMISSIONER COYLE: Okay. Page 209 September 9, 2003 MR. ANDERSON: Now, I have something additional I want to read but I want to make sure Commissioner Coletta hears it. CHAIRMAN HENNING: Okay. Commissioner Halas has the first. COMMISSIONER HALAS: This is directed toward county staff, transportation. Do we periodically go out there and monitor or take a count of how many vehicles are passing over there periodically so we understand what we're talking about when they say the average count over a 10 year period? MR. KANT: Edward Kant, Transportation Operations Director. They're required to provide an annual report. We have not historically put tubes on that street, however that's something that we can do. I have been using the figures that Stan Chrzanowski has been giving me based on that annual report where we came up with an average -- it was in the range of under 200 trips a day from that operation. The other thing that's difficult is there are several operations on that site and if we just counted trucks, it would be difficult to separate out which is which. COMMISSIONER HALAS: But isn't -- I was under the impression that the combined total of traffic was the concrete operation and the mining operation and whatever else is going there; am I incorrect in my assumption here? MR. KANT: My understanding is, as has been explained to me by the applicant, is that the 100-plus whatever trips per day is only for the haul, the fill hauling operation, does not include the concrete operation. COMMISSIONER HALAS: Well, then what are we talking about total traffic on this road; do we have any indication? MR. KANT: As I said, Commissioner, we have not historically taken any counts on that street. Page 210 September 9, 2003 COMMISSIONER HALAS: Gees. COMMISSIONER FIALA: So that's 312 just for the fill operation. CHAIRMAN HENNING: Okay. Please painfully continue what you want to get on the record. MR. ANDERSON: Thank you very much, Mr. Chairman. I'm reading from page 32 and 33 from the June 19, 2002 adoption hearing transcript for the Rural Fringe Amendment. It begins with the statement from your attorney, Ms. Marti Chumbler: "There was some discussion last night about in connection with the North Belle Meade area there being some provision for an east-west connection from Wilson Boulevard to someplace over to County Road 951. I think there was some discussion about whether that should be at Landfill Road or where that should be. "And so this language is an attempt to solve that problem. We have been in discussions all day and this reflects input from Norm Feder. It includes input from Mr. Anderson and his client. It includes input from Brad Cornell and Nancy Payton. "So I think we have kind of hit the range of people that are at least most concerned with this issue. "The Golden Gate Civic Association would work together to try to determine an appropriate alignment or several alternative alignments for such a connection. There would be an attempt to do that within a one-year period. "In the meantime, the mining operation at North Belle Meade could proceed on a more restricted level. In other words, he would not be able to expand into all the sections that are listed here; he would only be able to expand into a portion of Section 21. "At the end of two years, if the Board and the mining operator agree on an appropriate alignment and funding for that and the Board agrees to an expedited construction schedule" -- and by the way, it was Mr. Feder's idea that we add in the expedited construction Page 211 September 9, 2003 schedule -- "then the mining operator would be able to proceed with expanding his mining operations beyond Section 21 and into the other sections that are mentioned here." CHAIRMAN HENNING: Mr. Anderson, the Rural Fringe Amendments were adopted by the Board of Commissioners. MR. ANDERSON: Yes, sir. CHAIRMAN HENNING: And they are under challenge right now. MR. ANDERSON: They are in effect as law and have been upheld by the Administrative Law Judge and the Department of Community Affairs. They are effective law and binding upon all the parties. CHAIRMAN HENNING: Thank you. MR. ANDERSON: Thank you. And we just ask that you honor the North Belle Meade agreement and implement it with approval of this application. CHAIRMAN HENNING: Okay. But, again, I think that hopefully we can get through this. I think there can be conditions on the permit. And the charge to the Board is the health, safety and welfare of the residents of Collier County. MR. ANDERSON: Indeed. CHAIRMAN HENNING: So, let's see if we can get through it. COMMISSIONER FIALA: But we can get through that real quickly. Thank you for just recognizing me, Mr. Chairman. Is that -- we want to work with you on the Belle Meade. We've made that promise and we're not saying that. We just have some things to consider here. And we have to protect these people. They haven't even complained about it. They haven't said -- they've said APAC has been a good neighbor. What they're saying is please consider some of our concerns. And that's what we're doing is we're fighting for our citizens right Page 212 September 9, 2003 now as well as we wanted you to work with our staff with the study. That's what we're -- we're not trying to take this away in any way. We want to follow -- we want to go along with what we've already told you we would with the North Belle Meade. We just have to have some provisions here for these people. I mean, I'd hate it if 312 dump trucks a day were going down my street and I was having blasting and so forth, that would be kind of tough. And these people aren't even complaining. They're just saying give us some provisions here to safeguard our children and our sidewalks and so forth. Thank you. COMMISSIONER HALAS: We got the 312 dump trucks but we don't have all the combination of the cement trucks and all this other -- the total traffic. I'll really be interested to know what the total traffic count is out there. CHAIRMAN HENNING: Why don't we just give direction to staff to go out there tomorrow and take a traffic count. COMMISSIONER HALAS: Let's do that. CHAIRMAN HENNING: Okay. Done deal, Mr. Mudd. COMMISSIONER HALAS: That's unbelievable. CHAIRMAN HENNING: I see no way that we can turn down the permit, but we can put conditions on it. So I'm going make a motion to approve with conditions. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: First thing, the staffs conditions and the conditions that the petitioner has agreed to. But again, we need to think about the health, safety and welfare of the residents in the area. The petitioner has agreed to raising the sidewalks above the flood level. Reworking the intersection for the turn lane, I think that our staff needs to take a look at and it has to be part of the condition because it's a safety item of those huge trucks with piggy-backs or whatever they are, it's a safety concern with the other people. So that Page 213 September 9, 2003 has to be reworked and that's part of my motion. By the petitioner, accepted by transportation, the hours of operation, since it is going to exceed an increase with the hauling, I think it's appropriate to install a light at the end of 5th Avenue and Golden Gate Parkway as far as the kids go. You know, that's where they wait for the bus. The Boulevard, the issue about two or more tickets, the applicant said that he won't allow the truck drivers to do any more business at APAC. Well, I'm not sure if that's really acceptable to the other board members. I would say, you know, if you're in that much of a hurry, if you are going to do it once, you're going to do it more than once. So I would like for us to discuss that a little bit more, whether that's acceptable to tell that truck driver to go somewhere else and do business. I'm not -- I know Mr. Goodacre had some other questions that had nothing to do with any conditions or what we can do; it's more historical information. And I don't like to be called a bubble head, so I'm not going to ask the questions. Commissioner Coletta. COMMISSIONER COLETTA: Thank you. I agree with you. I think that one ticket should be grounds for at least removal from that pit for a year; two tickets, forever; that's what I would suggest. But I have some other things I'd like to mention. You already -- they covered the sidewalks, and that would be understandable. What they're talking about the right mm lane is something that's an absolute must. I don't think this should be permitted to go forward if that isn't addressed to traffic's satisfaction. CHAIRMAN HENNING: I mentioned that, Commissioner. COMMISSIONER COLETTA: You did. I'm just going down my list, too, to make sure I don't miss something. The lights. I think we need more than a light at the end of the street. We need a light over the street several different places to allow for these children to be able to use that road because of the Page 214 September 9, 2003 heavy traffic conditions that are there, to give that measure of safety. I would recommend that to be part of it, something we'd leave up to transportation to come up with, something that's realistic. And that, of course, would be contingent upon the residents actually wanting it. It may come to the time when you get ready to do it, you find out there's going to be a number of people that don't want lights; That's happened before. Speed controls and enhanced enforcement. Of course, now that's the Sheriff's Department, but I'll tell you, the sheriff's been very cooperative on 13th Street and I know that he'd be cooperative here once we get everything going. We have a sign that says this is an enhanced enforcement area, special enforcement area, and so it goes up and it does give a little bit of warning. I'd recommend that we have such signs for that. I think the double lines in the middle of the street will help to slow traffic down because you're confining them a little bit. I'd also recommend that traffic talk to them about possibly a line along the edge of the street, too, to further confine traffic. And that has a tendency to take away the dimensions of the street and confine them to a smaller lane and it helps to slow it down. Also the -- let's see, Mr. MacNichol had some different things here, the drainage problems; I don't know what can be addressed there. I think that probably for the most part with the sidewalk and everything, it's probably at maximum, but I'd like the option for traffic to go down there and assess if there is a problem that maybe escaped their attention before. So that can be addressed. There's another issue and I'm not too sure -- I'll leave it to my fellow commissioners to be able to tell me or possibly somebody from traffic. There was something mentioned that gave me great concern and that was the residents that park at the end of the street waiting for school buses to show up. And with the amount of traffic on that road, and of course, that Page 215 September 9, 2003 traffic hasn't been there for a couple of years now, but when it picks back up again, there's going to be a tremendous amount of traffic, and if the lane's partly blocked by the parents there to pick up their school children, that could raise a safety hazard. I'd like to see something at least discussed about it to see if something can be done. And I'm disappointed about the wording that we have in place and what we can do with the extension of Wilson Boulevard to 951. And I'm sure our staff will be on top of that to make sure that we move something forward as time goes along and will monitor the situation very carefully. Also I'm very interested to know what kind of provisions are in there. Is it an automatic thing, the day they go one truck over that they have to go and do it? Is there something in there that's going to give them some leeway? I mean, I want to hold them right to the line. I don't know who's going to be doing the monitoring on this. Is there records that will be at the APAC pit that we'll be able to request every so many days, months or weeks to be able to monitor and see what the actual traffic level is? I'm sure that every time somebody goes out with a fill load they must have to register one way or another. But those are the items I'd like to add and some other items for consideration. CHAIRMAN HENNING: Okay. That's part of the motion? COMMISSIONER COLETTA: That's part of the motion. But I mean, part of it was the discussion items that I really didn't know quite how to go into. CHAIRMAN HENNING: Discussion items? COMMISSIONER COLETTA: Yes. At the end of the street there, what about the problem with the parents that park there for their school children that will be coming on the bus and they -- I guess I was told that they're blocking part of the road. That hasn't Page 216 September 9, 2003 been a problem for the last couple of years but it may be now with this pit opening up. CHAIRMAN HENNING: Well, Commissioner, I guess I got to ask you, if the parents are parking on the right-of-way, whose fault is that; that's an enforcement issue, just like speeding, if they're blocking and impeding traffic. COMMISSIONER COLETTA: But at every street in the Estates it's standard procedure; because the streets are one mile long, the parents, especially of the young children, go down to the end of the street and pick up their children when the school bus arrives. I'm not too sure how to approach it, but I would like some input on that. If they're far enough off the right-of-way, obviously with the sidewalk, there must be a problem with the right-of-way. Can somebody inform me on that? Possibly Ed Kant here might be able to give me some insight. MR. KANT: Edward Kant, Transportation Operations Director. What you're citing, Commissioner, is something that happens at just about every intersection in the Estates, along Everglades, Golden Gate Boulevard, all of them. The problem, and especially in this particular area because we have the side swales and the ditches, you can't go very far off the roadway. So typically when you find the cars parked, they're usually half on, half off, or the smaller cars can sometimes make it to the edge. We've talked to the school board transportation people on a number of occasions. They are very reluctant to let the buses go off the main roads because there are no turn-arounds typically or they don't want the liability of having to back into yards. All I can offer at this point is we have a good dialogue with the school transportation people. We'll go back to them and see if there's something that we can do to help enhance their ability to pick the kids up. But that's just -- that's a problem that we're going have deal Page 217 September 9, 2003 with more on an area-wide basis than on just a one intersection, sir. COMMISSIONER COLETTA: I appreciate that. Mr. Kant. Would you keep me the loop on that, please. MR. KANT: Yes. CHAIRMAN HENNING: Okay. Anything else? COMMISSIONER COLETTA: No, that pretty much covers it. CHAIRMAN HENNING: Commissioner Fiala has something. COMMISSIONER FIALA: Yes. Did we answer -- did we include the study in this motion so that the APAC and transportation -- is that part of this as well? CHAIRMAN HENNING: And step it up one year? Right. That's part of the motion-- my motion. COMMISSIONER FIALA: Okay. I'll second that. CHAIRMAN HENN1NG: There's already a second. COMMISSIONER FIALA: Okay. Then I'll third it. COMMISSIONER HALAS: And also we are going to have transportation go out there and actually make a physical count; is that correct? CHAIRMAN HENNING: We gave that direction, sir. COMMISSIONER HALAS: Good. CHAIRMAN HENNING: Any other discussion on the motion? All in favor of the motion signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries 4-0 (sic). MS. FILSON: Commissioner Henning, who made that motion? CHAIRMAN HENNING: I made the motion and Page 218 September 9, 2003 Commissioner Coletta seconded it. We're going to take a 10 minute break. Mr. Anderson? MR. ANDERSON: Can I ask clarification question? Some of the stuff you talked about related more to the County than to the private property owner and I was trying to listen intently. Like the street lighting; that's something the County typically does. My client will put one at the end of the street where the kids gather for the school bus at their expense. And my client just had an excellent suggestion for perhaps a way to help with the school bus problem is to allow the school bus to go all the way down 5th and turn around at the entrance to APAC and that way the parents wouldn't have to wait down there at the corner and illegally park on the turn lanes. CHAIRMAN HENNING: The conditions was the part of the permit. So that's the applicant's responsibility, not the County's responsibility. But the suggestion about the school bus, Mr. Anderson, I think that's going to be more problematic than anything. And we can't tell the school board to go all the way down to the end and pick up the children at each one of the houses. We don't have that ability. Okay. COMMISSIONER COLETTA: I appreciate, Mr. Anderson, I'm sure we are going to look into all the possibilities. MR. MUDD: Bruce, I would tell you, Start asked me, I said tomorrow morning I'll have a videotape of this piece with all those things so he can sit down and get all that information hard copy and then get back with you ASAP to make sure that we've got everything, and if there's any questions, that we can get those things resolved, because there were a lot of things discussed, I agree with you, and I can only write so fast. So I'm going to have that videotape first thing in the morning, to Stan first thing in the morning so he can start work on that. Page 219 September 9, 2003 MR. ANDERSON: Are we in agreement on the street light? COMMISSIONER COLETTA: The street lights are your responsibility if they're needed and that's a meeting you got to have with traffic; that was part of the motion. If they're needed. But traffic and you -- traffic has to make that determination. Maybe the neighbors won't even want them. But we want to leave it open. CHAIRMAN HENNING: It was determined at the end of-- and Commissioner Coletta says, well, I think that we ought to go further, but with more traffic -- or more lighting out there for the sidewalk, but let's let transportation determine that, whether it's needed as far as -- COMMISSIONER COLETTA: How far apart they would be and also the residents be polled on it to make sure this is something they really want. CHAIRMAN HENNING: That wasn't a part of the motion. COMMISSIONER COLETTA: It wasn't? CHAIRMAN HENNING: No. COMMISSIONER COLETTA: Okay, whatever. MR. ANDERSON: I just need to be clear that all that my client has authorized me to agree to at their expense is the one street light at the comer of Golden Gate Boulevard and 5th Street where the school children gather to get on the bus. COMMISSIONER COLETTA: That's what he authorized but that wasn't what we went ahead with. CHAIRMAN HENNING: We're going to take a 10 minute break. (A recess was taken.) Item #7B RESOLUTION 2003-303 REGARDING PETITION CU-2002-AR- 3485, TERRY KF. PPLE, OF KEPPLE ENGINEERING, Page 220 September 9, 2003 REPRESENTING PATRICIA J. RYAN, REQUESTING CONDITIONAL USE "11" TO ALLOW A KIOSK ADJACENT TO THE PARKING LOT IN THE C-5 ZONING DISTRICT FOR A FOOD VENDOR. THE PROPERTY TO BE CONSIDERED FOR THE CONDITIONAL USE IS LOCATED AT THE ESTEY-AIR PLAZA, 1253 AIRPORT ROAD SOUTH, LOCATED AT THE CORNER OF AIRPORT ROAD AND ESTEY AVENUE - ADOPTED CHAIRMAN HENNING: Everybody take their seats, please. MR. MUDD: Mr. Chairman, I'd like to see if we could go to 7(B). Mr. Schmitt says that's a 10-minute item, and then we can go right to the economic incentives. (B), the item requires that all participants be sworn in and ex parte disclosure to be provided by the Commission members. This is CU-2002-AR-3485. Terry Kepple, of Kepple Engineering, representing Patricia J. Ryan, requesting conditional use "11" to allow a kiosk adjacent to the parking lot in the C-5 zoning district for a food vendor. The property to be considered for the conditional use is located at Estey-Air Plaza, 1252 Airport Road south, located at the comer of Airport Road and Estey Avenue, in Section 1, Township 50 south, Range 25 east, Collier County, Florida. This property consists of 0.97+ acres. CHAIRMAN HENNING: All wishing to participate in the discussion today please rise and be sworn in by the court reporter. (The witnesses were sworn.) CHAIRMAN HENNING: Any ex parte communication from Commissioner Halas on item 7(B)? COMMISSIONER HALAS: No disclosure. I had no contact at all. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, actually. About a year ago, I Page 221 September 9, 2003 guess that's still -- I still must mention it. About a year ago I spoke to Mr. Ryan and I believe his daughter was in the office, as well. He had somebody with him, I don't remember who now. CHAIRMAN HENNING: I have spoken to staff on this item. COMMISSIONER COYLE; I have received a letter from Mr. Ryan and I have spoken with Mr. Ryan. CHAIRMAN HENNING: Actually, I do have one communication, and that's in my agenda packet right here -- or some communications. Okay. Mr. Kepple? MR. KEPPLE: Good afternoon. For the record, Terrance Kepple representing the Petitioner this afternoon -- evening, I guess now. Following my short remarks the owner would like to make a couple comments as to how and why we got here and why he's making this request today. The request before you is to allow a conditional use in the C-5 Zoning District. The Petitioner does own the existing Estey-Air Plaza where this is proposed and is proposing to place his kiosk at the comer of Airport Road and Estey Avenue. I put the latest site plan on the wall, and you've got it on the overhead projector there, also. The kiosk is located in existing open space that was originally planned as a septic system area for the shopping center that was never built as a sewer came through, and that space was available. It is a decent green space and we hope to make it a nicer green space by providing additional landscaping and some walkways, as well as the kiosk. Staff review of the petition, we did address the transportation department's pedestrian and vehicular access issues with the site. We rotated the kiosk around so all pedestrians are standing in the large open area instead of next to the driveway. We put additional sidewalk in linking the kiosk to Estey, as well as Airport Road, and have agreed to put landscaping in in accordance Page 222 September 9, 2003 with the LDP, as well as what's shown on the site plan. Making those changes to the site plan we, of course, resubmitted to the staff. Staff reviewed it. At that point they had no issues. However, unfortunately during preparation of the staff report, there were other staff members that had issues with the proposal, and it was recommended for denial by staff. At the Planning Commission, the largest objection seemed to be the type of food that we were planning to serve: Popcorn and soft drinks, hot dogs, those types of things. Although they did come back and say that they had issues with the traffic and pedestrian safety, which I believe we've answered on the site plan and provided appropriate safety issues for that. The kiosk is proposed to look like -- if I can use the overhead for a second here -- like what I've just put on the overhead. It's approximately 6 feet by 12 feet, something like that; 8 feet by 12, less than 100 square feet. It would have to be permitted as a permanent structure. It would probably be moved off-site during hurricanes or things of that nature, but it would have to be tied down and meet the code for a building. But that is what we're proposing for the kiosk. One of the staff stipulations if the Board so chooses to approve it, was that that not be made part of the approval. However, I think that's the main focus of this proposal is that kiosk; that is what we are proposing. We don't want a permanent building structure, something like that. We want something that would look like that proposal in front of you. The only other note along that line is the architectural standards. I'm sure that kiosk does not meet the architectural standards and we would not want to try to make it meet the architectural standards in the Land Development Code because of what it is and what we propose it to be. The only other comment I would make is that our operating Page 223 September 9, 2003 hours are intended to be from 9:00 a.m. until 8:00 p.m. in the evening at maximum hours. That's the end of my comments. The owner would like to make a few comments about how we got here today and why we're making this proposal, if that's okay with the Board. CHAIRMAN HENNING: Sure. Any public speakers? You're representing the Petitioner, so after he's done if you would please sign in? MR. KEPPLE: Okay, sure will. MR. RYAN: Yes, Tom Ryan for the record. As Terry said, this land has stayed vacant because it was supposed to be the septic tank and drainfield for the center and did nothing but generate taxes for the last 13 years. So I got the idea listening to Mr. Coletta here about family values. When I was a kid -- I'm sure you all remember going down to the popcorn wagon or the hot dog stand with your parents. It's kind of the highlight of your summer up in the northern climes. I thought it would be a very good development for the neighborhood. It will provide a little employment. For example, I did talk to Chef Johnson right next door to us in the vocational school, and by using some of his culinary people to work in the stand, they get off at 2:00 in the afternoon. We really don't have a traffic problem in there. I know one of the things that came up was there was a blind corner on the north of the building where you have to come around the building, but that's the entrance off Estey. That is not the main entrance. The main entrance to this property is off Airport Road, and that's where the most of the traffic is, off Airport Road. Everybody that's commented -- we have only had two people comment -- but the East Naples Civic Association, I reviewed it with them before I did anything and they wrote a letter of recommendation for it. We had the public hearing and the only Page 224 September 9, 2003 person that showed up was the Salvation Army across the street and he wrote me a letter of recommendation. So all the comments have been positive. Questions? I'd be happy to answer them for you. CHAIRMAN HENNING: Any questions? Commissioner Fiala and Commissioner Halas? COMMISSIONER FIALA: Yes, just a couple of questions. What about garbage and litter that would be generated by this? MR. RYAN: We have all that provided for already in the shopping center in big dumpsters and cardboard containers -- or cardboard in the back of it, so it would be immediately -- COMMISSIONER FIALA: I just meant people that buy popcorn and then -- MR. RYAN: Oh, we would have some trash bins for them. We also have some in the center at the present time. We'd add a couple more out by the wagon. COMMISSIONER FIALA: I'd better make myself clearer. When you close this place, are your people going to go up and pick up all the trash? MR. RYAN: We have a person that cleans up around the center every morning, so he's there now. So he'd just add that to his duties. COMMISSIONER FIALA: And at night when you close -- you say you're going to close at 8:00 p.m. MR. RYAN: Yes. COMMISSIONER FIALA: We would hate to have you close and leave an unsightly area there. MR. RYAN: Well, they come by 6:00 in the morning. Maybe overnight it would be unsightly for, you know -- we could make arrangements to have them come back earlier in the evening, I suppose. Hopefully, the people will be observant like they are at the county fair and put it in the trash containers that we provide for them. Page 225 September 9, 2003 COMMISSIONER FIALA: They don't do that. MR. RYAN: I know. COMMISSIONER FIALA: I listened to staff and I have the same concerns. I think the thing is darling, really. It's very nice and I know you have the school traffic right there and there are a lot of other people that are walking in the area that would probably stop by and purchase things, and so I realize it's a good business venture for you. I am concerned about the traffic, people who would want to slow down -- this is a darling little thing -- they're just going to want to take a look and then they're going to want to get in there, so they're going to whip -- want to whip around or just see what it is. You say that you have an entrance to the center before this, but they can't see it before then. So what I'm thinking of is drive-by traffic that might want to go in there. MR. RYAN: Well, I hope it's repeat traffic and they know it's there, so they'll know to turn in on Airport Road. If they don't and they're coming south, they would have to make a U-turn anyway to come back. COMMISSIONER FIALA: Not to go south. I'm talking north, you know. We're really concerned about traffic, especially on Airport Road because it's such heavy traffic. MR. RYAN: Sure, I understand. And anybody that's been in business for themselves know you're dependent on traffic, you want traffic, you can't live without traffic. I hope -- I don't think we'll have so much traffic that it will be a real problem because there's only -- in my section of the shopping center, there is only one business that generates any traffic at all and that's the restaurant, and that's only a couple hours, for like from 11:00 to 1:00. Otherwise, the rest of the businesses in there really -- Scott Paint has one or two cars, the emergency animal hospital has one or two. That's pretty much it. Page 226 September 9, 2003 CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER HALAS: I have the same concerns as Commissioner Fiala, and that is the transportation. I know that in the morning as I drive down here to the government complex there's children crossing the street at that point in time. And then going home in the evening at 5:00 it's pretty congested. I'm concerned about -- have you thought about if there was going to be any traffic issues or if the transportation department has thought there was going to be any traffic issues whereby people would just pull in -- either make a right-hand turn and park at the street to run to the kiosk or people making -- coming southbound and making a left-hand turn and then parking to get out of the car to go get something like a snack or something and try to jump back in the car and leave the car set there instead of going in here and parking in the parking lot, because there is really no entrance to the parking lot at that point. That's my concern. MR. RYAN: We've never had a traffic problem and we've never had an accident or a mishap in there. I guess you could almost say that for any type of business. You could stop on the street and run in and get a McDonald's hamburger or a Wendy's, too, but most people are courteous enough to pull into the parking lot. COMMISSIONER HALAS: Well, they got a parking lot but here, it's more difficult. I don't see a real opening that's advantageous right now to the people if they want to do that, and I'm concerned that they'll just pull off on Estey Avenue and jump out of the car and say, I'm only going to be gone for 30 minute -- or 30 seconds or a minute, and then realize that they are blocking traffic. That's what I'm concerned about. MR. RYAN: Well, if they do that, of course, they're going to get the horn real quick because there is enough traffic going both lanes on Estey and on Airport that I just don't think they would do it. Page 227 September 9, 2003 And we do have parking both in front of the building and another parking lot behind the building which is never used. COMMISSIONER HALAS: That's my biggest concern is the traffic and knowing that there is an awful lot of school children that are probably going to be in this area. I think it's a great idea. I just don't know if this is the particular area that it should be located in. That's what I'm trying to wrestle with at this point in time and I'm trying to get as much information on this prior to making some kind of subjective evaluation of how we should go on this. MR. RYAN: As far your morning schoolchildren, we wouldn't be open, of course. COMMISSIONER HALAS: Well, you're talking 8:00 in the morning -- MR. RYAN: Well, it's not going to be. It's going to be like 11:00 in the morning until probably 8:00 in the evening. We would not be open at 8:00. COMMISSIONER HALAS: Okay. I wasn't sure. CHAIRMAN HENNING: Before I go to Commissioner Coyle, Commissioner Coletta, do you have any ex parte communication on this item? COMMISSIONER COLETTA: Yes, I do. I believe it was about a year and a half ago, two years ago, we had a brief conversation in some parking lot on this very subject. I'm surprised I recall that. CHAIRMAN HENNING: Okay. Commissioner Coyle. COMMISSIONER COYLE: You know, if this were a lemonade stand on the side of the street nobody would be arguing against it and you wouldn't be concerned about traffic. We would approve it in a heartbeat. I have driven down there and I don't see the traffic problem. What happens if you're northbound on Airport Road and you see this and you make a right turn on Estey, you immediately see the Page 228 September 9, 2003 alleyway and entranceway, you can see how to get in there very easily. So I don't see people stopping on Estey or on Airport Road no more than I see people stopping on Route 41 to go into McDonald's and grab a hamburger. They know how to get in here and as Mr. Ryan points out, most of it's going to be repeat business, people who know what this thing is, know what it does and what they can get there. As far as the traffic circulation inside the shopping center is concerned, that entranceway is not a blind comer. If you were driving 45 miles an hour down that alleyway, yes, it creates a problem. But you're not driving 45 miles an hour in that alleyway to get into the -- go into the parking lot. You can see around that comer well enough to avoid any pedestrians. And with the arrangement of the sidewalk east -- or I'm sorry, west of the kiosk itself, I think it solves all of the problems that the staff was concerned about. There's a further consideration. Mr. Ryan owns this entire shopping center. He has control over what goes on there. And if things are not going right he has the authority to do something about it. It's not like this is just a tenant on a piece of property where there might be some other kinds of problems. I think this is a great idea. I think it would be great for the school kids coming home from school, it would be great for the people who go to the shopping center. I think it's a great idea and I just can't see the harm of approving it. CHAIRMAN HENNING: Okay. COMMISSIONER HALAS: What do you plan to do with it in the evening? MR. RYAN: With the what? COMMISSIONER HALAS: With the kiosk in the evening? MR. RYAN: Just lock it up. Page 229 September 9, 2003 COMMISSIONER HALAS: Well, is it going to be -- do you think the children or somebody will get out there and start pushing this thing around down the street or is it going to be tied down? I hope this is going to be tied down. MR. KEPPLE: It will have to be tied down so it can't be easily moved. COMMISSIONER HALAS: I could just picture teenaged kids, because I remember what I was like when I was a child, okay. This is a challenge let me tell you. MR. KEPPLE: IfI can make one other comment. Your concerns about traffic stopping along Airport or Estey is well taken and we would propose that we would work with the transportation department, put No Parking or No Standing signs up there as appropriate, and directory signs to direct them to the proper entrance to prevent that happening. CHAIRMAN HENNING: Okay. Can we hear from our staff?. Commissioner Coletta, do you have anything? COMMISSIONER COLETTA: I just want to make a comment. I know this has been a dream of yours for a long time and I'll tell you, with the time and energy you've put into this, it's going to take awhile to break even, but I admire you for it. I think its an excellent idea. MR. REISCHL: Fred Reischl, Planning Services. I just want to clarify one of the statements. The junk food issue was a hot topic at the Planning Commission, but their main reason for the recommendation was the internal circulation and pedestrian safety, not necessarily food -- and staff's position, as well. Any questions about kiosks -- and "kiosk" is not defined in the code. Basically the interpretation has said that because C-5 requires a 700 square-foot building, anything less than that basically would have to be a conditional use for a kiosk, and that is what's bringing this forward. Page 230 September 9, 2003 CHAIRMAN HENNING: Okay. Any questions for staff?. COMMISSIONER COYLE: If it were a lemonade stand how would we deal with it? MR. REISCHL: Same way. CHAIRMAN HENNING: Entertain a motion to close the public hearing. COMMISSIONER COYLE: I recommend approval. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Public hearing is closed. COMMISSIONER FIALA: I can go along with that as long as we say that it's cleaned up every night and litter isn't allowed to remain there until the next morning. CHAIRMAN HENNING: Okay. And how are we going to enforce that? Let's see -- they lose their conditional permit or-- if it's not cleaned up -- MR. REISCHL: That would be difficult to enforce. Also consider the conditions about 2.8, about the architectural design guidelines. Did you want to keep those in effect or keep it -- this was basically a factory-built model. As Mr. Kepple said, it possibly does not meet division 2.8 architectural guidelines. CHAIRMAN HENNING: I think we'd have to get a variance on that. MR. REISCHL: Well, it wouldn't have to be a variance. That's something that we put in the condition. So if you say it does not have to meet division 2.8, that's what I'm asking. CHAIRMAN HENNING: Is that part of your motion? COMMISSIONER COYLE: That's part of my motion. COMMISSIONER FIALA: As long as it's tied down to meet hurricane standards. MR. REISCHL: That's also one of the conditions, right. MR. MUDD: And I can have code enforcement go by it every once in awhile on a weekly basis -- we've got that night shift now -- Page 231 September 9, 2003 they can go by and make sure it's pretty policed up around 8:00. And if not, we can always give them a notice of violation. You get a couple of those, it will cost him more than it will to have the gentleman come by and police it up. CHAIRMAN HENNING: All right. MR. REISCHL: And did you want the pavement markings still to remain in there, the crosswalks and-- COMMISSIONER COYLE: I'd like to see the proposal as it's displayed here on this overhead. MR. REISCHL: And what about the hours of operation? There was also a change from our-- we had 7:00 until 7:00. COMMISSIONER FIALA: No, you told us 9:00 a.m. to 8:00 p.m. MR. REISCHL: That's what the Petitioner said, yes. Staff had 7:00 a.m. to 7:00 p.m. COMMISSIONER HALAS: Then he changed it. I thought he discussed it when we talked about the children. He did say something to the fact that it would be probably 11:00 or -- 10:00 or 11:00. CHAIRMAN HENNING: If the motion maker wanted to -- COMMISSIONER COYLE: 10:00 a.m. until 8:00 p.m. CHAIRMAN HENNING: And that's a second? COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Anything else? Hearing none, any further questions on the motion? All in favor of the motion signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? Page 232 September 9, 2003 (No response.) CHAIRMAN HENNING: Motion carries 5-0. Item # 10C DEVELOPER CONTRIBUTION AGREEMENT WITH G.L. HOMES OF NAPLES ASSOCIATES, LTD. AS DEVELOPER FOR ROAD IMPACT CREDITS ($344,250) IN EXCHANGE FOR THE LAND DEDICATION TO THE COUNTY'S TRANSPORTATION NETWORK. ALL RIGHTS TO DEVELOPER UNDER THE DEVELOPER CONTRIBUTION AGREEMENT ARE SUBJECT TO DEVELOPER COMPLYING WITH ALL CONDITIONS OF THF. AGREF~MFNT IMPOSF~D BY THF, COIJNTY- APPROVF~D One other thing, County Manager. We've got somebody here that traveled from the East coast for one item here. And it's a real simple one, 10(C). If you will indulge me. Developer Contribution Agreement with G.L. Homes of Naples Association, Ltd. as developer for road impact fee credits in exchange for land dedication to the transportation network. All rights to the developer under the Developer Contribution Agreement are subject to the developer's complying with the conditions of the Agreement imposed by the county. I'll make a motion that we approve. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Any questions on the motion? Commissioner Coyle has seconded it. All in favor of the motion signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. Page 233 September 9, 2003 COMMISSIONER COLETTA: CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: Next item? Aye. Opposed? Motion carries 5-0. Thank you. Item #8H, Item #8I, Item #8J, Item #8K, Item #8L (8H) ORDINANCE AMENDING ORDINANCE 2001-13, BY ESTABLISHING A DEFERRAL PROGRAM FOR THE IMMOKALEE AREA TO REDUCE THE ECONOMIC EFFECTS OF INCREASED IMPACT FEE RATES; (81) ORDINANCE TO BE KNOWN AS THE FEE PAYMENT ASSISTANCE ORDINANCE; APPROVE AN ASSOCIATED BUDGET AMENDMENT FOR $1,500,000; ESTABLISH A FEE PAYMENT ASSISTANCE PROGRAM AVAILABLE TO ELIGIBLE BUSINESSES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED IMPACT FEE RATES; (8J) ORDINANCE TO BE KNOWN AS THE ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT ORDINANCE, ESTABLISHING AN ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM AVAILABLE TO ELIGIBLE BUSINESSES TO ENCOURAGE PRIVATE SECTOR INVESTMENT IN ADVANCED BROADBAND INFRASTRUCTURE; (8K) ORDINANCE TO BE KNOWN AS THE JOB CREATION INVESTMENT ORDINANCE; APPROVE AN ASSOCIATED BUDGET AMENDMENT FOR $500,000; ESTABLISH THE JOB CREATION INVESTMENT PROGRAM AVAILABLE TO ELIGIBLE BUSINESSES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED DEVELOPMENT FEES AND RELOCATION OR EXPANSION COSTS; (8L) ORDINANCE TO BE KNOWN AS THE PROPERTY TAX STIMULUS ORDINANCE; ESTABLISH A PROPERTY TAX Page 234 September 9, 2003 STIMULUS PROGRAM AVAILABLE TO ELIGIBLE BUSINESSES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED RELOCATION AND EXPANSION COST- ALL ITEMS APPROVED IN CONCEPT: WILL BE AMENDED, RE- ADVERTISED, AND TO BE BROUGHT BACK AT A FUTURE MF, ET1NG MR. MUDD: Commissioner, I would recommend that we go to the economic incentives that was supposed to be heard after 3 p.m. And we're doing really good after 3 p.m. I've asked Mr. Schmitt to do the presentation and his staff is to present all five incentives without taking a vote on any of them. And one of the reasons that I asked him to do that is so that you would know the whole spectrum of them. The other thing is, Ms. Filson has twelve speaker slips and they all say they want to talk about 8(H) through 8(L). And if you take them one by one, then there are going to be twelve at a time. But if you take it as a whole spectrum, then we can hear public comment and then we can go back for discussion and then vote on them individually. I think it would be prudent to go that way. CHAIRMAN HENNING: Okay. Mr. Schmitt? MR. SCHMITT: Yes. Good evening. For the record, Joe Schmitt, Administrator, Community Development and Environmental Services Division. Before you today is a proposal to adopt an ordinance amending the Collier County Consolidated Impact Fee Ordinance 2001-13-2, and that is to establish a deferral program for the Immokalee area to reduce the economic effects of increased impact fee rates. Just for background, at the July 29th regular meeting, staff initially presented this proposal based on the original concepts outlined in the June 11, 2003 BCC workshop held to discuss the report prepared by the Immokalee Community Development Page 235 September 9, 2003 Corporation and by Robert Charles Lesser and Company. Based on staff's recommendation -- and Leo, can we put up the slide presentation, if you can hit the right button there and that way we can -- because I'm going to flip through some slides. That's a computer yes, sir. There you go. Based on staff's recommendations, this Board directed staff to return today to have the proposal considered along with the four other economic incentives. And as Jim Mudd recommended, that we go through all five, that you weigh the merits of each and then vote on each at the end. I'll present the first proposal, and that has to do with the economic impact fee deferral program. And I'll be followed by Helene Caseltine, my Economic Development Coordinator for Collier County and joining her, Tammie Nemecek, Executive Director, Economic Development Council of Collier County. You may recall that at the July 29th meeting staff recommended disapproval of the proposed ordinance because it was determined that the program as written would significantly impact the county's ability to provide adequate funding for capital projects and essential public services necessitated by growth. The program as written provided no means for refunding or repaying the impact fee trust fund programs until the sale, transfer or refinancing of the home. In addition, as written the program was deemed basically to begin to undermine -- or would begin to undermine the legal underpinnings of the county's consolidated impact fee ordinance. Before you today, as directed, is the same ordinance. In sum, that proposal basically was drafted to establish an impact fee deferral program for residential property in the Immokalee area to reduce the economic effects of the increased impact fee rates and, of course, to encourage residential development in the Immokalee area. The eligibility criteria as recommended by the Lesser Group are Page 236 September 9, 2003 as follows and shown on the slide. The dwelling must be within the geographic location and boundaries of the Immokalee Enterprise Zone, and shown there are the -- in blue, is the CRA zone, and in red, on the red dash line, is the Enterprise Zone, and there is a difference. So this proposal was for dwelling units that must be in the Immokalee Enterprise Zone, which is also in a Rural Federal Enterprise Community. The dwelling must be owner-occupied and must be homesteaded by the owner. And the maximum sale price of the proposed qualifying dwelling unit was directed not to exceed $175,000. And I would note that this price is greater than the maximum home sales price in Collier County for -- as established by the Florida Housing Finance Corporation programs. In addition a -- and I would point out there was a mention here of a nonrefundable application fee in the amount of $300 that would be required for this application. As was done on the 29th, I again recommend disapproval of the current ordinance as written, however staff has worked with the representatives of the Immokalee area and we are asking that you evaluate the following proposed changes in the draft ordinance that was attached with your executive summary. Basically that would create a method to repay the impact fees and the Impact Fee Trust Fund without having to depend on the homeowner to initiate such an event, either through the sale, transfer or refinancing of the home. The recommendations in sum: Staff recommends that the Board consider adopting an ordinance for the Immokalee Impact Fee Deferral Program funded by a portion of the Tax Incremental Fund, or the TIF fund, allocated to the Immokalee Community Redevelopment Area. So what would happen is basically the home would be assessed. Immokalee, of course, being a CRA community, receives 100 Page 237 September 9, 2003 percent of that Tax Incremental Fund. And what we are proposing is that Immokalee pay back to the county a certain portion of that Tax Incremental Fund to basically pay back and pay into the Impact Fee Trust Fund. In sum, pay back within a seven and a half year period. By providing an allocated and budgeted funding source for the deferral program, the legality of the CIFO would not be compromised and the county's ability to provide improvements and/or additions to public facilities certainly would not be jeopardized. The program would be -- as shown on the slide -- would be geographically limited to the Immokalee Community Redevelopment Area because again, we're -- now we're talking about the CRA area, not the Enterprise Area, because they don't necessarily overlap. And what we're looking for is a repayment from the CRA. I do remind you that the intent of the CRA is to provide, or at least to promote economic development, local investment and employment in distressed communities, and as such, the CRA definition provides the basis for which the county may offer the Impact Fee Deferral Program that is unique to the Immokalee area. So we identified it for the Immokalee Enterprise Zone and we can further restrict it to the CRA because that's where we would get the money back. Now we can talk about that and we'll look for your guidance. Any portion of the TIF -- that will have to be approved and it was based on the established funding in 1977, which was the existing tax base -- would have to be paid by the county. And what I point out here is that approval would have to go through from the CRA Advisory Board back to the Collier County CRA Board, which of course is yourself, and then back to the Board of County Commissioners. This process -- you would direct us tonight to go through the procedural proceedings, at least from the standpoint of finalizing the Page 238 September 9, 2003 ordinance as we're proposing. We could do that based on your vote tonight, and the implementation guidance would be then going back, working with the CRA Advisory Board, have the CRA Advisory Board advise the CRA, and thus bring it back. The ordinance as written and proposed is, we're proposing a 25 percent repayment and that would be over a seven and a half year period. Shown on this graph -- or at least on the spreadsheet and the following graph -- or the following chart, are representatives or at least to display what it would be for the payback period. And as shown here, we are basically estimating that in 2004 there would be 150 homes built, 250 in '05, and '06, 350. And the figures that are shown there at the bottom, the estimated impact fees for a home, and then the total deferral. So you can see that basically this is written over a three-year-- for a three-year ordinance. It would automatically sunset in three years unless, of course, this Board asked to extend that ordinance. It would be a little over $8 million deferred, but we would get the 25 percent incremental back every year. And these two charts, this chart and the following chart, shows the payback period. This is for a home less than 1,500 square foot, which is what we expect will be marketed for the Immokalee area. As you can see, the payback period shown for the three years, 2004 in the blue -- and then the other colors, of course, I guess purple and brown -- showing, and then the cumulative, and that shows the payback period. So in essence, what this is is nothing more than a program where we are recommending or at least forwarding for your consideration, an ordinance that will defer the impact fees for about seven and a half years, but the transfer from the tax incremental funds will make the program whole. And this would be very similar to how the SHIP program operates today. Ma'am? Page 239 September 9, 2003 COMMISSIONER FIALA: Just a fast question. So the people that would be eligible for these homes each year would then -- their impact fees would be deferred, TIF would pay for those impact fees so that our county taxpayers wouldn't be out any dollars; right? MR. SCHMITT: That's correct. COMMISSIONER FIALA: But after the three year program, this deferral program won't be in effect anymore. MR. SCHMITT: That's correct, as written. COMMISSIONER FIALA: That means anybody buying your home after that doesn't have the privilege of buying into that program. How do those people in the first three years pay their-- MR. SCHMITT: They would pay back the impact fees that are owed upon the sale, transfer or refinancing of their home. So that would then pay back the impact fees. MR. MUDD: Commissioner, now that's on every house that gets a deferral, that goes against their property. COMMISSIONER FIALA: Right. I understand that. MR. SCHMITT: So the county is being made whole in two ways. We eventually would get the impact fees back but we also are requiring the incremental TIF, 25 percent of the Tax Incremental Fund comes back to the county, as well. So, yes, the county would be made whole, but of course, it's a deferral program, it's not immediate. CHAIRMAN HENNING: Commissioner Coyle. COMMISSIONER COYLE: When we talk about payment of the impact fee upon the transfer or refinancing or sale, are we talking about paying the impact fee that exists at the time of one of those occurrences? MR. SCHMITT: That's correct. The calculations that we put together, Commissioner Coyle, indicate -- we estimated on an annual increment increase -- and I can't recall -- it was around six or eight percent going through the increases. And each year we -- and the Page 240 September 9, 2003 detailed analysis, I can provide that. It's also in your packet. There was very specific detailed analysis in the spreadsheet that showed the increment. And I can go back to that. COMMISSIONER COYLE: Should either of two other events MR. SCHMITT: Yes. COMMISSIONER COYLE: Should either of two other events trigger a repayment? For example, we're requiring that these homes be owner-occupied and homesteaded. MR. SCHMITT: Yes. COMMISSIONER COYLE: Suppose there is a status change in either of those categories, it is no longer owner-occupied or is no longer homesteaded. Should we not also collect the impact fees under those circumstances? MR. SCHMITT: Yes. Well, that's -- you're correct. I mean, that's the way it should be and it's going to be very difficult, of course, to enforce that unless we somehow have to depend on the Housing Development Corporation or some other entity to actually verify that, that we would ensure that it's owner-occupied. CHAIRMAN HENNING: I guess what I would be concerned about is someone purchasing a home under this so-called subsidized program and then turning it into a rental property without having an obligation concerning the payment of the impact fee. So I think there probably are ways that that can be worked out. MR. MUDD: Let me have Cormac explain because we have the same problem with SHIP. MR. GIBLIN: Cormac Giblin, your Housing Development Manager, for the record. The program is modeled to work similarly to the way our SHIP program works. And in that program we do have staff that checks the status of homeowners' homestead every year once a year. And in a case when someone does allow their homestead Page 241 September 9, 2003 exemption to expire, we would hold a lien, a second lien on that home, and we could initiate foreclosure proceedings if they are in violation of that agreement. COMMISSIONER COYLE: As long as you have some controls, that's all I'm concerned about. MR. SCHMITT: And that's the way the ordinance is written. COMMISSIONER COYLE: The final question has to do with the fact that this particular program as it is currently written does not have a maximum salary requirement. For example, some very wealthy person could go in and buy a home in the Immokalee area and have the county underwrite the impact fee. I don't think that's what it's designed to do. It's designed to help people avoid the unfavorable economic impact of our high impact fees, is that not right? MR. SCHMITT: Commissioner Coyle, that is correct. And if you -- I'll refresh your memory. When we discussed this at the last Board meeting, even the way the other ordinance was written we recommended there be some type of income cap on the program. What we didn't want to do is have this be the same as the SHIP program. Initially we were looking at that there should be some kind of an income qualifier to preclude exactly what you stated. But in the workshop and based on your guidance, we were directed not to consider that. So you can consider that tonight, of course. But we're just coming back to you with what you asked us to put together, but when we brought up the last proposal we were saying 100 percent of the median income, and for a family of four the 2003 median income in Collier County would be $61,000 household income -- $61,400. So 100 percent -- under SHIP, it's 80 percent. We want to encourage people to move maybe from Lehigh Acres or from Lee County or wherever. Those who work in Immokalee to move to Immokalee, and we want to encourage it. Page 242 September 9, 2003 So we did not include the prohibition against first time homeowners. And those are some of the things we discussed when we last presented it, and I think this Board may be wise to at least consider some of that criteria, because there frankly is no criteria now as written that prohibits anybody from coming down and basically buying that home and having the county underwrite the purchase of that home. COMMISSIONER COYLE: I'm less concerned about the figure you select as far as the maximum salary than I am about the fact that some kind of maximum does exist, some kind of qualifier does exist. And I think we should establish it, wherever it makes sense to establish it to encourage not only first time homeowners, but second or third time purchasers to come to Immokalee and purchase homes. So I think we should set it wherever it makes sense to set it, but I think we should have something. And I hope I was not so foolish as to try to dissuade you from that last time. But if I am, I'm changing my mind now, okay. MR. SCHMITT: And that would be -- what we would recommend then on that would be 100 percent of the total household median income. So that would be the $61,400. And of course, it's graduated based on number of people in the family. But as an example would be for a family of four would be $61,400. CHAIRMAN HENNING: Commissioner Fiala, Commissioner Coletta, Commissioner Halas. COMMISSIONER FIALA: I don't know if there are any restrictions that you can put on this -- maybe this isn't the proper time to ask this first question; I have two. For instance, the homeowner, owner-occupied home is homesteaded there, but then he rents out the different rooms to other people and it becomes troublesome. I realize that's a code enforcement problem, but are there any Page 243 September 9, 2003 restrictions we have to make sure that we are not paying somebody's impact fees then allow them to rent this thing out and pay off their house? You know how many problems we have because of that. MR. SCHMITT: Again, I -- that certainly could be written into the ordinance, at least some way. We would -- as you know, that's a requirement for code enforcement, but it's a very difficult code to enforce. COMMISSIONER FIALA: Right. MR. SCHMITT: I could only -- I know this involves at least one community in the Immokalee area, certainly we could try and require the homeowners' association or the property owners' association for the one product there to help us police that, and at least make it so we could -- COMMISSIONER FIALA: Just to protect those neighborhoods. CHAIRMAN HENNING: Before we go any further with this, Commissioner Coletta and Commissioner Halas, excuse me. This is what happens when government tries to incentivise with tax dollars. We get stupid -- I'm not saying any of my Commissioners are stupid -- what I'm saying is we try to over-regulate it. Let's keep in mind what the goal is, the Immokalee citizens. It is trying to incentivise middle income. Now the second home buyer -- first home buyer, second home buyer, third home buyer, doesn't meet that goal. If we try to over-regulate it, then we're not going to meet their goal and that's what we want to do here. And I wholeheartedly support the alternative. Thanks for-- COMMISSIONER FIALA: Let me ask my second question then. Reporting requirements; do we have any reporting requirements in place? MR. SCHMITT: We would implement the similar reporting requirements that we do for the SHIP program. And in fact, this is Page 244 September 9, 2003 something -- and we're going to talk about it on this agenda, the HDC, where we would look for the HDC, the Housing Development Corporation, to help and assist the county in qualifying people and doing the other things that the HDC would do. And we would look to the HDC to help us in this regard, as well, because that's really what the Housing Development Corporation would do. So, yes. CHAIRMAN HENNING: Commissioner Coletta. COMMISSIONER COLETTA: Thank you. A couple of things. One, I can't thank you enough, Commissioner Henning, for summarizing it the way you did. We are looking to try to direct some of this growth towards Immokalee and we'd like to try to encourage our school teachers, sheriff's deputies, to take advantage of the fact they can get a better deal in Immokalee and I see this as a tremendous engine, capping it where it is. I think it will cover a whole lot of eventualities. Of course, they're going to take policing to make sure that someone doesn't advantage of it, and humans being what they are, I'm sure we will find along the way that we have people that violate the trust. I also want to recognize the fact that we've had a number of people in Immokalee, including Fred Thomas, working with Mr. Schmitt and Mr. Giblin on putting together this economic incentive -- the alternative that was agreeable to staff-- and I believe we're pretty much in agreement in the way we want to go with this. But you want to wait until we finish everything before we move on it, right? CHAIRMAN HENNING: Right. MR. SCHMITT: I just want to remind, of course, when we were at the Immokalee economic incentive we were really talking about commercial incentives, as well. But one of the weaknesses we identified was lack of middle class or developing communities in Page 245 September 9, 2003 Immokalee, and I think staff-- that's why staff said this is one program that may incentivise it. With that -- CHAIRMAN HENNING: Commissioner Halas. MR. SCHMITT: With that -- Commissioner Halas. I was ready to move on. I'm worried about Tammie and all. We're getting close here, it's a full moon tonight. CHAIRMAN HENNING: It's only 6:30; take your time. COMMISSIONER HALAS: I'd like some clarification. I understand the impact fees will be paid up in a lump sum if there is refinancing or selling. MR. SCHMITT: That's correct. Refinancing if they take money out of the home, but if there's -- they validate, like in SHIP, if this is refinancing that lowers the payment because of a lower interest rate, then that negates the requirement. It's continuing. So there are -- there are procedures to allow refinancing. COMMISSIONER HALAS: Then how does the county get back their impact fees if the person stays in the house 20 years? MR. MUDD: Commissioner Halas and Joe, let me help you here. There's a couple things. That's why the TIF money is seven and a half years and the CRA is getting us a percentage so that we're reimbursing the general fund with the TIF dollars. COMMISSIONER HALAS: Okay. MR. MUDD: Now, if the impact fee -- and I want to make a correction to something that Joe said; he was doing really good -- he said one thing to Commissioner Coyle, and it must be the beard that got him. The impact fee that's being deferred is the impact fee at the rate of the time of the building permit. MR. SCHMITT: That's right. MR. MUDD: It is not the impact fee at the rate at the time of payment. And this deferral is interest free, okay, as part of that incentive. So I want to make sure, because I went back and read it Page 246 September 9, 2003 and I checked with the lawyer and I talked to Ms. Caseltine on the way back. I just wanted to make sure, because he misspoke as far as what the actual value of the impact fee is. It's the impact fee at the time the permit -- the construction permit is pulled, and that impact fee is a lien against the property interest free until they meet the requirements, either they sell it at some later date. Now, we will do some staff things to keep track of that impact fee and we'll keep track of the general fund dollars from the TIF, so we're making sure we're balancing the books and we've got everything covered in that process. CHAIRMAN HENNING: Good. MR. SCHMITT: I appreciate that, because when I heard the question I just immediately assumed it was when the building permit is drawn. We accounted for the increase in impact fees in our calculations, as well. If there are no other questions, we'll proceed to the fee payment assistance and Tammie and Helene. MS. CASELTINE: Good afternoon, Commissioners. For the record, Helene Caseltine with your Planning Services Department. As Joe said, we're going to move right along and go into what we had initially proposed as county-wide programs. You might see some changes here as we go on today. But what we're going to talk about right now is the fee payment assistance program that's item 8(1) on the agenda. The Fee Payment Assistance Ordinance allows a qualified company to apply for funds that would help to offset the cost of impact fees. As I mentioned, it's currently proposed as a county-wide program, however we have added some incentives -- enhancements, excuse me. That was based on your conversations you had during the budget hearings last Thursday evening. I do want to make sure that everyone understands, however, that Page 247 September 9, 2003 this fee payment assistance program cannot be used in conjunction with another program that you will see in a couple of minutes, entitled the Property Tax Stimulus Program. They are mutually exclusive. So I'll let Tammie go ahead and get into more details on what some of these changes -- what we are suggesting as how companies might qualify for these programs. MS. NEMECEK: Good evening. Tammie Nemecek, Executive Director for the Economic Development Council of Collier County. Thank you very much for taking the time to listen. We are proposing tonight some enhancements to the existing ordinance that's before you. What we are talking about is keeping intact the program for a certain boundary line which is located one mile east of one mile west of Collier County Boulevard, so you're taking in the Collier Boulevard corridor and east, which would retain the existing program at 1 15 percent wage criteria within the targeted industry. For the Enterprise Community of Immokalee, that criteria would remain the same. A caveat to the program is adding in a designation for high impact, which allows the County Commissioners the flexibility on a case by case basis to approve a company that we might be competing for to locate outside this eastern boundary. This is to allow the County Commission at that point in time, if there is a corporate headquarters or something in the future that we cannot foresee today, to allow you the flexibility to approve on a case by case basis those companies that may want to locate in Collier County but are prohibited by the high cost of doing business. For example, we had Source Interlink as an example that located up in Lee County. If we are in competition again for a company like that, which received incentives from Lee County and is the reason why they located there, that you guys have the flexibility to individually look at those companies. Page 248 September 9, 2003 I'll go through the Fee Payment Assistance Program and adding this criteria into the ability to approve companies, if you look at the Fee Payment Assistance Program, what it does, again, is it offsets a portion of the impact fees which are up front costs that the company realize when they look to move into Collier County. The Eastern Collier County Eligibility Criteria again would allow for a company to apply for an eligible amount of their capital investment times the current county millage rate at that point in time, times 10. And the times 10 is to ensure that we have a 1 O-year payback period by that company through their property tax enhancement that they are providing to the county. As an example, if a company comes in and provides a $3 million capital investment, that's their building and their land, the current millage rate 3.8772 times 10 would equate to $116,000 that that company would qualify for. It's not going to offset the entire impact fee amount, it's just going to be a portion of the impact fee amount. The job creation requirement would be 10, the average wage requirement would be 115 percent of Collier County's private sector wage, which is currently -- private sector wage is currently 30,401 which means the qualifying wage would have to average out to 35,000. And again, this is the eastern boundary line that we're talking about. And just make a note that average wage criteria is adjusted each November. So every November that average wage is going to go up, the criteria is going to go up based on whatever the current average wage is for Collier County. The industry requirement is that the companies must be within the targeted industry list, which is currently: Aviation, biomedical, manufacturing, research and development, wholesale trade, information technology, and corporate headquarters. The viable business requirement is that the company must retain Page 249 September 9, 2003 their investment as a viable business and maintain their stated employment base for the 10 years that the payback period is in place. Again, we're talking about the Enterprise Communities with the Fee Payment Assistance Program. The difference between these two is that the company would be allowed to add an additional five years to their payment amount, as well as the repay period, and that's based on the workshop that we had with the Immokalee community. The new job creation requirement is reduced to 5, based on it being an Enterprise Community. The average wage criteria is also reduced to 50 percent based on it being an Enterprise Community. The targeted industry requirement -- while we're targeting and the priority will be given to our targeted industries on a case by case basis -- you may be able to waive that industry depending on the type of company that we are trying to recruit into the community. Again, the Viable Business Requirement is that the company must retain their investment and their employment base for 15 years in order to continue to participate in the program. The Payment Assistance Ordinance for the High Impact Eligibility Requirement -- Criteria. Again, this is on a case by case basis. So this is not a blanket program. It's a program that the company will come before you on a case by case basis, and depending on what the wage criteria that we set for the company, as well as the number of jobs that they are required to create, that you will be able to authorize on that case by case basis the companies to participate in the incentive program and recruit them to Collier County. We have chosen to add an additional 10 jobs to that requirement to make them -- the new creation requirement, 20 as a minimum. The private sector wage we have increased to 125 percent. But when we're talking about these type of companies, we're talking about technology based companies and we could probably go up a little bit Page 250 September 9, 2003 more if the County Commission so desires in order to make it a little bit more selective in the types of companies that we'll work with. They have to be within the targeted industry list. There is no waiver on the targeted industry, and again, the company needs to be in business for 10 years. CHAIRMAN HENNING: Any questions for Ms. Nemecek? COMMISSIONER HALAS: How do we propose that we get -- you were talking about a 1 O-year payback. What happens if the company decides to leave this area or if something should happen and they have a total financial collapse? MS. NEMECEK: Right. How the program works is that the company must pay their property taxes, and once their property taxes are paid, then the company is paid back based on the amount of property taxes that they paid. So if the company -- each year the company has to prove that their jobs are still in place and they are still a viable business, otherwise that payment of the property taxes -- or if property taxes do not get paid, then they cannot reap the benefit of money back to the company. CHAIRMAN HENNING: I want to ask her a question. The -- MS. CASELTINE: If I could continue. There is a drawback clause in that ordinance that states all that, that there are certain criteria they must meet. If they don't meet them, again there is a lien put against that company. CHAIRMAN HENNING: Thank you. The Board recommended east of 951, so I guess since this has changed, I got to ask who owns the property one mile west of 951 that you want to capture? MS. NEMECEK: There is not any particular person that owns a property one mile west, but we wanted to make sure that we included both sides of the 951 corridor-- CHAIRMAN HENNING: Okay. Page 251 September 9, 2003 MS. NEMECEK: -- going all the way into East Naples. CHAIRMAN HENNING: Now the bait and switch program you're referring on the -- the Board of Commissioners can decide whatever company wherever in Collier County, that was proposed, anyways. So all this is we're doing the same thing that was proposed originally. MS. NEMECEK: I think what we've added to the program has made it more restrictive. Some of the concerns on the County Commission side were that the affordable housing was an issue on the wage that we were having as the criteria for 35,000, as well as the transportation issues. And what we're talking about is having the flexibility that we can, if there is a corporate headquarters, a technology based company such as an Allen Systems Group that wants to come into Collier County and we're competing with other areas within the state or outside the nation, that it allows you the flexibility to entice that company to come here. If it's outside of the 951 eastern corridor, and that's the only alternative, then we have no competitive edge in order to attract that type of company. CHAIRMAN HENNING: So it really doesn't address the transportation concerns. MS. NEMECEK: Because the conversation at the county -- at the budget hearings was with regards to a lot of the people at $35,000 wages would be living east of 951, and by increasing the average wage they have the better ability to afford the housing within the coastal community. So most of those employees would be coming within the coastal area. CHAIRMAN HENNING: And then I guess my concern was, we are using taxpayers' money to enhance them to locate in there. And I can tell you that, again, we received a lot of e-mails very much opposed to it. So that was another item. Page 252 September 9, 2003 But we'll see what the Board is going to do. Please continue. COMMISSIONER FIALA: I wanted to ask a question. CHAIRMAN HENNING: I'm sorry. Commissioner Halas -- Fiala. COMMISSIONER FIALA: We get mixed up easily. CHAIRMAN HENNING: I know. COMMISSIONER FIALA: Talking about taxpayer dollars, the thing -- I have a very big concern. About two slides back you showed that we were going to pay taxpayer dollars to attract a business here and pay them fee payment assistance -- no, the one before, you just had it, right -- to create five new jobs at 50 percent of the wage. That's $15,000. So would the taxpayer dollars -- we are creating a job at the poverty level, which means then we're going to have to subsidize them out of other taxpayer dollars, and I don't think that makes sense at all. MS. NEMECEK: That's in the-- that's exclusively in the Enterprise Community, the Enterprise Zone of Immokalee. COMMISSIONER FIALA: Why should you -- why should you penalize them? They deserve to have 115 percent, too. MS. NEMECEK: The per capita income currently in Immokalee is about $8,500. COMMISSIONER HALAS: And what's the unemployment? MS. NEMECEK: And the unemployment rate is about 15 percent. So you're talking about taking individuals and providing jobs that pay $7, $8, $9 an hour to that community, which currently are very low wages. So you're trying to up -- you're trying to create jobs that are in the unskilled-skilled work force first, and then you can start upgrading them to higher wage employment. But we need a base level to be able to start out somewhere. With some of the manufacturing industries that will go into that Page 253 September 9, 2003 community, the skill level of the employment base in Immokalee is not at the level that can garner wages at $35,000 a year. COMMISSIONER HALAS: Plus I think, just to reiterate a little bit, I think also that some of these companies that come in here, there is a good possibility that even at the wage of $15,000 there might be some medical benefits attached to these, and that will assist us in trying to keep those people out of the hospitals that don't pay at the present time. So my question is, in one of your slides you were talking about a high tech job would be about $38,000. I'd like to see that bumped up to -- that the people that we're trying to attract there, that the starting wage would be about $42,000. MS. NEMECEK: About 150 percent of the average wages would be $45,000. CHAIRMAN HENNING: Commissioner Coletta. COMMISSIONER COLETTA: That would seriously limit the program, I can tell you that. When you're talking about Immokalee, I guarantee you there's going to be some major changes there in the very near future, but -- MS. NEMECEK: If we -- we're talking about a three-tier system, actually. You're talking about Immokalee, which would be at 50 percent, the eastern Collier County program, which would be at 115 percent, and then the special case, high impact company, would be at 150 percent. So you would have three different ways to approving companies to participate in the program. CHAIRMAN HENNING: Commissioner Coyle. COMMISSIONER COYLE: That's just the observation I was going to make. One of our biggest concerns with respect to affordable housing is right here. We're always running into affordable housing problems, and the point is that the cost of living here is just too high for us to deal with it. The only way we can deal with it is to increase wages, and if we can get higher wages in this Page 254 September 9, 2003 part of the county and provide incentives for businesses to provide those higher wages here, then we solve a lot of problems. We clearly have to have different criteria for Immokalee and other portions east in the county, and I think you're right on target, Tammie. MS. NEMECEK: Thank you. MS. CASELTINE: To finish up with this program very quickly, we are requesting $1.5 million. A million of that would be allocated to those firms, those companies, projects outside of the Immokalee Enterprise Community. Another $500,000 would be allocated to those companies that locate within the Enterprise Community. MR. MUDD: But a point of clarification, real quick. There is nothing in the ordinance that says anything about the dollars that are allocated to this program. It's a decision the Board needs to make on the 18th of September. So let's not talk -- let's not fight this money issue at this particular moment. Let's try to pass ordinances that you want on programs, and if you decide to fund it at an appropriate level, then so be it on the 18th based on the conversation that they have at that time. I just want to let you know that there is no dollar amount like that in the ordinance. MS. CASELTINE: Thank you. Moving on. The next program, item 8(J) is what we call the Advanced Broadband Infrastructure Investment Program. Before I move on, I do want to mention Commissioner Fiala had a question about reporting requirements for the other program. We do have reporting requirements as they pertain to these programs, as well. County staff will be checking, verifying job creation and reports will be sent to the Board of County Commissioners on how these monies are spent. Page 255 September 9, 2003 The Advanced Broadband Infrastructure Investment Program would provide a payment to companies that install advanced broadband technology into either a new or existing non-residential building. The company would have paid their annual ad valorem property taxes in full to the county prior to any request for payment. Upon verification of invoices that these expenses have indeed been incurred, the County Manager's office will authorize a payment to this business. This is a case by case -- these would be approved on a case by case basis. Each application to the program would be approved by the Board of County Commission. MS. NEMECEK: The cost of the system-- the eligible amount is not to exceed the cost of the system, and the maximum amount they could qualify for would be $25,000, which is actually a minimal amount when you're talking about putting fiber into a building, but it may be enough to get some of these smaller businesses in the community to upgrade their systems. One of the impediments that we run into is the lack of available telecommunications services here in Collier County, especially when you're trying to attract corporate headquarters, information technology based companies, or even manufacturing companies that have multiple offices around the United States or around the world. So having reliable advanced telecommunications services is -- in Collier County is an expensive proposition. The infrastructure is based on copper and will not be upgraded until the demand has been shown to the local telephone provider that they need to put in the fiber to sustain that. So what we are trying to do is give a jump start to improving our telecommunications infrastructure through this program and utilizing the private sector to do that. In addition to that, we have had conversations with the local telephone provider in order to provide their own supplemental Page 256 September 9, 2003 enhancement to this program and reducing some of their costs for the last mile, so that it's not just the public sector providing an incentive, but also private sector providing incentive that will help enhance this program. The company is reimbursed over a three-year time period not to exceed $8,400 per year. MS. CASELTINE: I would estimate that about eight to ten companies per year would apply for this program, bringing the cost, if you will, up to about $84,000 per year. MR. MUDD: But again Commissioners, I want to reemphasize the prior that this rebate, so to speak, doesn't happen until after they have paid their taxes. So that they have to pay for the product before they could come in with their rebate certificate. MS. CASELTINE: Any questions before we move on? CHAIRMAN HENNING: Any questions? Seeing none, is that the end of the presentation? MS. CASELTINE: For this particular program. We have two more. CHAIRMAN HENNING: Okay. Go ahead. MS. CASELTINE: All right. Moving right along, Job Creation Investment Program. This program is funded by the general fund. It would provide an authorization for payment to eligible firms based on new jobs created. Again, we had originally proposed this as a county-wide program, however, based on those discussions from Thursday evening, we have provided some suggested enhancements to this proposal, and I'll let Tammie again go into those. MS. NEMECEK: The same criteria is going to apply for the three tiers of businesses that we talked about before. If they are located in the eastern Collier County boundary, they are eligible for $2,000 per new job created, $1,000 if they are going to participate in the state's Qualified Target Industry Program -- that's the state program that provides tax credits for companies based on the number Page 257 September 9, 2003 of jobs that they create. The number of new jobs again is 10, private sector wage of $115,000 to qualify, and again, the companies must be in the targeted industry to be eligible for the incentive program. In the Enterprise Community, the eligible amount is increased by $1,000 to provide some additional enhancements for that Enterprise Community. But again, if they participate in the state's program it's reduced to $1,000 because the state doubles their incentive program for Enterprise Zones so we would just need to supplement that by $1,000. The job requirement would be 5, and again, the wage would be at 50 percent and the companies must be on the targeted industry list but can be waived on a case by case basis. Then the special high impact eligibility requirement would allow for $2,000 per job, again reduced for the QTI program. They would need to create an additional 20 new jobs. The average wage criteria is at the 125 or 150 percent, as we talked about with the previous program, and the companies must be within the targeted industry list. MS. CASELTINE: And since we're not really talking about money tonight, I'm just going to breeze right through that slide. COMMISSIONER FIALA: Well, let me just ask one more question then. MS. CASELTINE: Yes, ma'am. COMMISSIONER FIALA: If we are trying to create jobs for Immokalee and trying to draw people there, why do we give 10 and 20 job offers outside of Immokalee, such a great wage restriction, and yet we only create 5 in Immokalee rather than the 10 or the 20 where we are trying to attract the people? we're saying you only have to have 5, and then at such a low wage, and we don't really care what you pay for them. I mean, it sounds like you're looking down your nose at Immokalee, and that Page 258 September 9, 2003 offends me. I'm sorry. MS. NEMECEK: It's not -- It's not that at all. What we -- this is an area of critical concern. There is high unemployment, there is low per capita income. This community does need a lot of enhancements in regards to recruiting companies out there. Why we lower the criteria is because it gives the program the most flexibility. You're not limiting -- if there is an entrepreneur who wants to move out to the community and they are going to start out with 5 employees, you're allowing that entrepreneur the incentive to locate out in Immokalee. That entrepreneur wouldn't have that same benefit if they locate within the other two areas. And so -- some of those entrepreneurs are going to be where most of your jobs are going to be created -- what they call gazelle -- fast growing types of companies. what you're going to do is induce companies that may want to have 100 jobs in Immokalee, but you're also not precluding that entrepreneur or that small business owner from locating out in the Immokalee community. Ninety-five percent of our companies in Collier County have 10 or fewer employees. So you're giving an opportunity for those existing companies to move out to Immokalee that have maybe 5 employees, they are going to add an additional 5 onto their employment base and give them a jump start by going out to Immokalee. MR. MUDD: Commissioner, what you basically said is if there is a business out in the Immokalee area, and let's say in some other place it said that you had to have 10 employees to qualify for the program. If you only hired 9, you couldn't qualify. So what we did is we lowered the number of employees in the Immokalee area so that they could qualify easier for the program, so they could benefit from the program at a smaller number of employees. So we didn't try to penalize them; we tried to make it easier for them to be part of this program by lowering that number. They could come in with 20, 25 that would be fine. Page 259 September 9, 2003 COMMISSIONER FIALA: At that wage, where are they going to live? MS. NEMECEK: That's the average wage of the company. There's going to be a whole spectrum. So you are going to have people that are still going to be renters in Immokalee, but you're also going to have people that are going to be offered the opportunity for year-round employment by recruiting that manufacturing company into the community. They are no longer going to be a seasonal employee. CHAIRMAN HENNING: Please continue. MS. CASELTINE: And the last program that we want to talk about is the Property Tax Stimulus Program. This is the one program that cannot be used with the first one that we had talked about, the Fee Payment Assistance Program. Those are mutually exclusive programs. It would authorize payment to qualified companies that would be equal to the amount of their ad valorem property taxes they have already paid into the county. Again we had originally proposed this as a county-wide program. The enhancements that we've talked about with the other programs would certainly apply to this one, as well. But just keeping in mind that they are already paying their property taxes up front and we are verifying the jobs that are created, we're verifying everything they stated is going to happen has happened, then we'll move along with the program. MS. NEMECEK: The difference between the impact fee program and the property tax program is that the company in the impact fee program receives the funding up front and then is reimbursed through the property taxes that they -- the increased property taxes that the company provides to the county and how the county is paid back. This property tax program does not require up front funding. Page 260 September 9, 2003 What it does is, it reimburses the company for property tax dollars that they pay in each year knowing that the company has stayed in business, still has the jobs in place, and then they can continue to qualify for that for a certain time period. The eligibility requirements remain consistent throughout with regards to eastern Collier County, the Enterprise Community, and the High Impact. Again, the differences being in the number of jobs that they have to create and average wage criteria. And again, the Viable Business Requirement is that the company needs to prove each year that they are still a viable business, that they still have the jobs in place and then they can benefit from the program. MR. MUDD: So let me ask another question, because I'm not too sure. In this particular case they pay their impact fee up front, okay, and then they get a break on their property taxes for a number of years by not having to pay those to the county. COMMISSIONER FIALA: back, is that it? MS. NEMECEK: Correct. COMMISSIONER FIALA: entire tax? MS. NEMECEK: Correct. They get their entire property tax And whatever that -- Not a break on it, but they get the And whatever that property tax rate is for that particular year, so it's adjusted annually. COMMISSIONER FIALA: Is there a cap on that at all; a cap on the limit? MS. NEMECEK: No. It's a 10-year time limit. COMMISSIONER FIALA: 1 O-year time limit? MS. NEMECEK: 10-year time limit. So the cap is not on an annual basis but over a time period. COMMISSIONER FIALA: I see. And a typical size project that creates 40 new jobs -- in what time frame do they have to create 40 new jobs? Page 261 September 9, 2003 MS. NEMECEK: They cannot start applying for the Property Tax Program until all of those 30 jobs or 40 jobs are in place. So at that point in time when they have proven that those jobs are in place, is the point in time when they can start claiming the 10 years. COMMISSIONER FIALA: Who is the Program Administrator? MS. CASELTINE: COMMISSIONER MS. CASELTINE: COMMISSIONER Administrator? MS. CASELTINE: Probably me. FIALA: So -- and then how are you paid? Sorry? FIALA: How are you paid as the Program Out of the general fund. COMMISSIONER FIALA: Is that worked into this program, are you paid as a county employee. MR. MUDD: Yes, ma'am. One of the things that you had on the unfinanced requirement was a fee of about $96,000 to pay for the administrator of the incentive program. It was one of those things that we funded at the workshop, and that was her salary that was on that line. COMMISSIONER FIALA: Okay. And so that -- MS. CASELTINE: That's not entirely my salary. MR. SCHMITT: That's not entirely her salary -- she wishes. That's a fully burdened rate. But Helene is on my staff and it's part of the general fund. It was fund 111 that funded that position -- MS. CASELTINE: 001. And keep in mind, Commissioners-- COMMISSIONER FIALA: Then these -- the request for payment -- for the return payment may be submitted annually for up to 10 years? MS. CASELTINE: That's correct. As long as that stated job creation obligation is met every year, then they can apply for that. COMMISSIONER FIALA: And as the Program Administrator you're going to make sure that it isn't just on paper that they still have 30 jobs. That you actually do a head count or something to know Page 262 September 9, 2003 that -- MS. CASELTINE: We can check through different agencies, through state records, and that can be verified. But that's correct. And keeping in mind, too, this program, when that company makes application to the program, that application will go to the Board of County Commission for your approval. MS. NEMECEK: I think that's an important point is that every single one of these companies that want to participate in the programs will come before the Board of County Commission for individual approval. MS. CASELTINE: That concludes our presentation on the four economic incentive programs, and if there's any further questions? CHAIRMAN HENNING: Any further questions before we go to the public speakers? Ms. Filson, please call up our first public speaker. MS. FILSON: Mr. Chairman, we have 14 speakers. The first one is Stephen Price, he will be followed by Bill Confoy. MR. PRICE: Good evening. For the record, my name is Steve Price. I'm from Immokalee. I'm here representing the Immokalee Community Development Corporation and I want to encourage you to positively consider all of the recommendations that have been made tonight. As you know, Immokalee is an economically depressed community. We've got schools that are having difficulty with test scores. I believe we have two F schools in Immokalee, and things are different over there and it's time for some changes. I sent you a letter back in August that I hope all of you received that outlined some of the advantages to doing these things, particularly the impact fee waivers. We talk about waivers or deferments as if it's money that the county is giving away. But we showed you through the Jubilation project with actual numbers -- factual information -- that they built 89 homes. 82 of those families Page 263 September 9, 2003 already lived in Immokalee in substandard housing. None of those 82 people paid property taxes. We now have $112,000 a year in property taxes that are being paid. All of those people received the county services, they used the roads, they used the schools, they require sheriffs service, all of these things, yet they paid no taxes to Collier County because they lived in housing that was substandard and didn't meet the level to be paying property taxes. Now we have 89 families that are in decent housing that we've improved the community and improved it in a way that, without an impact fee -- and of course, these all paid impact fees -- but without an impact fee, we would have positively impacted Collier County by $112,000 a year. Keep those things in mind when you consider this. We're not talking about anti-growth, we're talking about a transfer of people from substandard conditions into good housing and into good jobs. Commissioner Halas had a good point when he drew attention to the fact if we're talking about somebody with an average wage of $8,500 a year and we're bumping them to $15,000, well, in a Naples setting you're saying why don't we set a higher standard. Well, $15,000 with health insurance, with vacation pay, with year-round pay, with the benefits that a lot of us take for granted, compared to $8,500 a year and that's it, that's quite an improvement. We need these things in Immokalee and it won't have a negative impact on Collier County. When we're talking about taking people simply across the road and putting them in decent housing, there's a social impact. I also encourage you not to get caught up in the details. I think Chairman Henning had a great point in saying that we're trying to prove a concept here, but let's don't detail it to death when we look at such things as a salary cap on these things. There are not very many people going to move out of Port Page 264 September 9, 2003 Royal and go buy a $175,000 home in Immokalee, okay. You know, I know when we think about it we say, oh, well, now we want to limit this, but do we really want to limit it? If we had somebody that was a two wage earner family making $125,000 a year that decided to relocate from Lehigh Acres to Immokalee, and they're already working in the school system or the sheriffs department or whatever, but now we've got a Little League coach, now we've got a mentor in that school, we've got a volunteer for the PTA in that school that's failing. And we now have somebody that's coaching Little League and Pop Warner football and volunteering in all of the community things, the Chamber of Commerce, or whatever. Have we really harmed Collier County? We've created a taxpayer who was getting benefits anyway. We have improved a community that desperately is in need of middle and upper middle class residents to be volunteers in that community. So, as Commissioner Henning said, let's don't detail this thing to death. Let's get a good program in place and let's let the staff administer it and let's do some things that are going to improve the life of people that are already in Collier County. I hope you had a chance to look at those numbers that I gave you because I thought they were quite impressive, and that's factual information, that's not somebody's opinion. You'll get a lot of opinion on a lot of things, but it's difficult to get factual information. This really happened and that's what we're talking aboUt in Immokalee. Give us a chance to improve the livelihood of these people. I can tell you as an employer and our bank -- in addition to the Community Development Corporation, my real job is as Chairman and CEO of Florida Community Bank. We're half a billion-plus bank headquartered in Immokalee. Less than 5 percent of our assets are in Immokalee. We've got offices in the coast and that's where our assets are. We are constantly -- Page 265 September 9, 2003 CHAIRMAN HENNING: Time's up. MR. PRICE: Okay. Just to make the point that we're constantly fighting a battle looking for qualified employees and we need your help to bring them to Immokalee. CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER HALAS: Yes, just quickly. When you made a mention of Port Royal, that's not really our biggest concern. Our biggest concern was that the houses were going to go to the people that really needed them, and so that's why we were talking about making sure we had the right vehicles in place so that we had a control that retirees don't make a run and buy these homes. These are basically -- these homes are set aside for the policemen, for the firemen, for the people that are going to move into Immokalee, and I think that's what we were getting at there. MR. PRICE: And we appreciate that. If I could respond to it. I think if you've been to Immokalee I think you will understand that the retirees are probably not -- in the first three years, at least -- are not going to make a run on these homes. It's going to take more than three years to improve the conditions and the living standards to a point that a retiree might want to come. So that's not as big an issue as you would think it would be because of aesthetics of the neighborhood. CHAIRMAN HENNING: Thank you. MR. PRICE: Thank you for your time. MS. FILSON: The next speaker is Bill Confoy. He will be followed by Dex Groose. MR. CONFOY: Dex Groose gave up the ghost. He left me his comments, if you want me to read them. MS. FILSON: He will be followed by Fred Thomas. MR. CONFOY: I'm Bill Confoy, Commissioners. Thank you for allowing me to speak. I moved down here in 1982 and opened a pilot plant in the aerospace business. I've been here obviously since Page 266 September 9, 2003 then for 20 years. We did not request nor did we receive any interest incentives to move here. Naples was the kind of community we were looking for. Years later we relocated the entire company. We built a brand new facility out past 951 and we currently employ 250 people at $50 million in sales, and we are probably the largest manufacturer located here in Collier County. And we moved a second time, the whole company, without any incentives. In 1997, my son moved down from up north after going to school for six years, and he moved down with another person and created a new startup entrepreneurial business in the medical manufacturing community, and he moved here and started that plant without any incentives. In the year 2000 his company was named in the Entrepreneurial Magazine as one of the 100 fastest growing businesses in the United States. And again, that was done without any incentives. In 2003 the Naples Business Magazine named this company and others in the biotech industry as an area where they wanted to expand, and all these companies cited in here moved here without any incentives. Having said this, however, I do believe that the plan that I heard Thursday night authored by Mr. Henning wherein we reduced the $2 million that was being requested by the EDC by cutting it in half or something like that, and using all the incentives to put new businesses and create new businesses east of 951, is a good idea. That is where we moved to and it allows people to live out there and commute out there and it reduces the traffic coming into the city, and at the same time allows them a shorter commute to work. Also, if you're looking for qualified people, which is one of the reasons we moved here and tested the area first, I believe that the new university systems that will be here, either in Lee County or the new Ave Maria, will be excellent incentives for companies looking to Page 267 September 9, 2003 move here and will find qualified personnel that might improve that area, as well. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: Your next speaker is Fred Thomas. He will be followed by Richard Pegnetter. MR. THOMAS: Good evening, Commissioners. Thank you so much for giving us this opportunity. I'm going to wear two hats today: My name is Fred Thomas, as a citizen, retired, living in Immokalee, not able to take advantage of the program because I'm already there. But also, as your Chairman of your Community Redevelopment Advisory Council, I'd say something about some action we took just recently. Not to be redundant, we all know, we've shared with you before, that several years ago a study was done talking about the drain on ad valorem taxes. Every dollar you collected in residential they want a dollar and a quarter back in services. Industrial, 75 cents back. Agricultural, 37 cents back. So in order to make the whole burden on this whole county less, the more industrial development we can get, the better place we're going to be. Right now we have a problem in Immokalee where we're losing money. First time homebuyers are buying in Lehigh Acres. It's cheaper, no impact fees, et cetera, et cetera. If we can encourage those folks to live in Immokalee, encourage our school teachers that work in Immokalee to live in Immokalee, our deputies that work in Immokalee to live in Immokalee, our retail management that works in Immokalee, medical professionals, they live in Immokalee, then we can attract more commercial, increase all the tax base, increase the ad valorem tax base, just as Mr. Price said to you a few minutes ago, and make it a viable community. We can also begin to attract more industry to help the overall Page 268 September 9, 2003 tax burden in Collier County. I mean, we got these lands sitting out there, not making much money for the county. But if we were to do these kind of things and these kinds of incentives to attract these jobs, it won't impact the traffic on the coast because we're 47 miles away. It won't create any problems for you on the coast, it just brings more money into the overall coffers to help make this county a whole county. Communities across this county want the money to circulate in their towns three, four times. Right now, a lot of our money is just circulating once from the employer in Collier County to the worker, who takes it to Lee County. We need to turn that around by providing some incentives for industries to come here, businesses to come here, middle class folks to live in our community, so that they begin to have retail and can buy in our community. To support the recent recommendations of the staff, the Community Redevelopment Advisory Council at the last meeting passed a motion to recommend to you the CRA Board, at your next meeting, that we will be willing to fund the repayment of the residential impact fee to make this program work, if that's what it takes to make it work. But as I pointed out to you before, we have a unique distinction of being one of a handful of communities in the country that are identified as a Federal Empowerment Community. And in those communities, anything that helps to empower that community, whether it's recreation, highway, parks, job development, any monies that are available around the country, we get targeted to get the money first. So that in that zone that we need your local help and we can make some things happen. You know, that foreign trade port could be a major boon to this area that we are trying to get done here in this community. So we are just asking you to, you know, further plant a few more seeds, put a little fertilizer on this program, so we can help be a major part of Page 269 September 9, 2003 your ad valorem tax base. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Richard Pegnetter, followed by Andrew Mager. MR. PEGNETTER: For the record, my name is Richard Pegnetter. I'm here on behalf of the Economic Development Council of Collier County. I'd like to just make a few comments that would generally apply to what I think is really the heart of all of the incentives that are being talked about and requested for your consideration, and that is the impact on diversifying the economy. Just several points. The first is that with an economy that is fiat in terms of the kinds of range of economic activity that goes on, it's like a portfolio of investments -- and I know all of you either thought about or are in the middle of planning for that in terms of different goals, including retirement. The more diverse it is the more it's able to withstand certain variations and certain fluctuations in the economy. And that's the same thing that happens when you diversify the economic demography of the economy. It's more able to withstand some of those shifts and changes and keep its strength. It's sort of like adding muscle; not necessarily dimension, but adding muscle to the economy. The second is the opportunity that that presents for citizens. Because you've heard that the incentives are generally targeted in many important ways to bring in companies that add technology jobs that are often referred to as knowledge-based jobs in the industry, and those tend to pay more money. And what that does in terms of that diversity is then offer-- open up doors for a wider range of economic opportunity for the citizens who live here and are going to be pursuing jobs in that Page 270 September 9, 2003 economy, rather than the limit that might be there in a flatter demography for the economy. The last is just to urge you to recognize how competitive the economic development environment is. Every time a company is considering expanding here they are also looking at other places were they might move to make that expansion. Or if a company isn't here yet, then we're trying to attract them here. It's a very competitive market and the more things that can be contained in a tool kit that the Economic Development staff have to work with, the greater opportunity it is to expand that opportunity for a broader range ofjobs and to strengthen the economy by adding to its diversity. Thank you. MS. FILSON: The next speaker is Andrew Mager. He will be followed by Larry Hodges. MR. MAGER: Good evening. Thank you. I'm here in a dual role. One as a private citizen, and I'm going to make it very short because I can see most of us are about ready for a nap. Pardon? CHAIRMAN HENNING: Your name for the record? MR. MAGER: Andrew Mager. As a private citizen I think it's essential for the health of the community to have more than what we have in Collier County. We have great tourist business, good agriculture, construction and services. I think we need to enhance that in being able to support industrial expansion as indicated in the EDC program. As I stated, I want to talk about the fact that I was involved in one of the programs that you Commissioners supported, which is the support of the North Naples Research and Technology Park, and we're successful in having the pending contract, once we get through with all of the situations with the Corps of Engineers and Water Management, in bringing 45 down from a plant in Michigan. We are Page 271 September 9, 2003 going to move their headquarters and move the plant down here. When we were in negotiations with the contract we were competing very heavily with Lee County and I think it's an indication of what we do experience in this area in that we didn't have the incentive programs and I think this EDC program will go a long way in providing us the opportunity to bring other people in. We have been competing with Lee County and specifically Brynwood -- which I'm sure you all know is in Lee County, southern Lee County -- and at that time we were negoti.ating against expenses with the 45 jobs and Lee County at that time was offering a $2,000 grant job incentive per job, which meant $90,000. We had nothing else to offer and the only offer we could make is that we had the developer reduce his price substantially to more than offset that. In many cases -- and I heard one of the gentlemen talk about the fact that everybody moved without incentives, without incentives. When corporations and outfits look at where they are going to move, they may have a preference but economics always comes into play. And I fully support the EDC incentive and I think you should also. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Larry Hodges. He will be followed by Steve Tirey. MR. HODGES: Good evening, Commissioners. Thank you for the time that you've given us. My name i.s Larry Hodges. I'm a small business owner in Southwest Florida and a homeowner, and I'll speak for both. One, as a homeowner. I got my tax bill -- not my tax bill but my proposed assessment on my home -- which is residential -- residence in North Naples. The value of my home according to the county is now $20,000 higher than it was last year, the assessment value. That concerns me. And as things change in this county and if Page 272 September 9, 2003 we don't continue to make changes in this county, that value is going to go higher and higher, because there's not going to be any homes to build and the only thing that's going to support this county is going to be property taxes on private homes, because we don't have enough infrastructure for the businesses and light industry and those things that will promote and give more dollars to the county coffers with less expense. So I'm very, very strongly in favor of the EDC initiative and the diversification. Also as a small business owner-- we run a little business, a technology based business, sort of, in a way. We provide office technology to companies all over Southwest Florida. Our ability to hire trained technical people is very limited in this area because there's not enough of those types of job availabilities here. We have hired -- I think I told you Commissioners last week -- 10 technicians in the Southwest Florida area in the last year and a half, and one of them was a Collier County resident. The rest of them were from somewhere else. I don't like that, I don't think that's right, I think we should have a bigger base of people with these talent and skills and this level of ability in this area. And I think with the initiative and the diversification that we're trying to attempt to with the EDC and their initiative, we're going to get there as long as you guys approve. Thank you very much. MS. FILSON: The next speaker is Steve Tirey. He will be followed by Bill Klohn. MR. TIREY: Good evening, Commissioners, Mr. Administrator. Steve Tirey from the Chamber of Southwest Florida representing employers from throughout Lee, Collier Charlotte, Henry and Glades counties. I had the opportunity to communicate with you at your prior meeting on this topic and with most of you in writing and e-mail. I Page 273 September 9, 2003 just want to reinforce the fact that we've heard some comments about losing opportunities to Lee County. As you know, Lee County for the past four years has had in excess of $2 million a year in economic incentives. But I think the interesting thing to note is, as you bring your incentives on line I believe that you'll become -- you'll have the opportunity to readjust your sights. You'll begin to understand that the competition is not Lee County, it's other regions across Florida and across the southeastern United States. As you begin to provide these opportunities to build and shape your economy, I believe that you'll begin to be a stronger regional player in developing not only the economy of your county but of our region. The folks that I work for really don't care where their folks live as long as they show up to work, they are well trained, and they have the right attitude, and they're properly educated. I have found in our experience in the Chamber that economics do not know geopolitical boundaries. So your opportunity here to become a stronger regional player I think should be recognized and you should be applauded for moving forward with due diligence to strengthen your economy. I hope to come back a year from now as you're taking a look at the metrics of your success and as you talk about the furore, because I think what you're going to find as you go through your due diligence process and as you implement these new incentives, you're going to have an impact in shaping not only Collier's economy but the economy of the region. The Chamber of Southwest Florida Board applauds you in taking this important first step in providing these incentives for Collier County and for Southwest Florida, and we encourage you to move forward. We'll be here with you through the process. Thank you. Page 274 September 9, 2003 MS. FILSON: The next speaker is Bill Klohn. He will be followed by Jeff Fridkin. MR. KLOHN: Good evening. For the record, my name is Bill Klohn. I am President of MDG Capital Corporation. I'm also a Board member of the Immokalee Community Development Corporation. It was this Board that has provided the leadership that brings us here this evening. In the last year we've all worked very hard together regarding the incentives in Irmnokalee to include the impact fee deferrals. I echo the comments from some of my associates, Steve Price and Fred Thomas, so I won't be redundant. One of the very important things that they missed in the year process. We had a lot of resistance and by golly, we've made it. I want to thank staff for taking the time to listen and, rather than say no, to think a little bit out of the box, to be creative, so that we could move forward with some of these programs and have staff support. So thank you very much to the staff. With regard to the programs in general, I support all of the programs being proposed by the EDC. Please support them. With respect to the Impact Fee Deferral Program, this is a very important step for Immokalee. It's depressed and I think that this will provide the economic incentives that are necessary to recoup those people that are driving to Lee County. One of the Commissioners was speaking about the wage cap and I would urge you to rethink this. We tried to keep this program simple. It was the region of the Empowerment Zone, it was the $175,000 cap on the home, and lastly it was an owner-occupied, and we have the mechanism to do those checks. The reason that you need to think clearly about keeping this program simple. As an example a teacher makes $32,000, a highway Page 275 September 9, 2003 patrol officer makes $38,000. That combined income is already over 100 percent of the median income. So please, let's keep it simple and I would ask that you eliminate the means test in your thought process with regard to income. The program will help work force housing. Yes, it will, it really will. But the real backbone behind this incentive program for Immokalee is to create economic stability in Immokalee. So let's forget about the work force to some extent and think about promoting economic stability in Immokalee, which, without the means test, it will help build houses. Thank you very much. MS. FILSON: Jeff left, so the next speaker will be Fred Pezeshkan. He will be followed by Dick Botthof. Dick Botthof? Threasa Miller. She will be followed by your final speaker, Bob Krasowski. MS. MILLER: Good evening. Thank you for listening to our concerns. My name's Threasa Miller. I'm the Executive Director of Pace Center for Girls in Immokalee, and I'm sorry to say that I'm one of those people that don't live in Immokalee and I do work there, and that's because when we opened Pace six years ago there was no housing for me to live in or to buy, so I commute. I'm really excited about the project that has been proposed and I urge your support of that project. My concern is setting a salary limit. As Mr. Klohn said, teachers start at $32,000 a year. We employ teachers and social workers. We want our staff to live in Immokalee so they are available at night to volunteer and to be that great civic person Mr. Price talked about. And they can't do that with that salary limit. If you bring in two teachers at $32,000 each they have already exceeded that. So I'm going to ask you not to put that salary cap on there or to at least raise it above the 100 percent. I think we have great things in store. I urge everyone to come to Immokalee. I love working there, Page 276 September 9, 2003 the community is wonderful and these are just -- these incentives are going to make it that much better. So thank you. MS. FILSON: Your final speaker, Bob Krasowski. MR. KRASOWSKI: Hello, my name is Bob Krasowski. I'm just speaking as an average citizen here, and I'm not involved in the Chamber and other organizations that are advocating this activity. But I'm looking at this as an average person of modest income, a small family resident of 25 years of Collier County. Whenever these type of problems come up it always raises the question with me is, who, with my tax dollars, will we be subsidizing. And oftentimes I'm subsidizing an activity with people that make a lot more money than I do. I know a past situation was when exemptions of impact fees were given to certain medical industries that were locating in Collier County, and these people make a very good living and a lot of money, and I didn't see why there was any need to subsidize their impact fees. As you know, we need money -- we need to collect money from impact fees to pay for roads and other infrastructure, and every time you waive an impact fee you're putting that burden on someone else, and that happens a lot in Collier County. The residents here, the people that are established here, often are carrying the burden for growth -- for increased growth. I certainly empathize with the situation in Immokalee. Much of what I heard I think is very interesting and probably if I understood more about it, I might support some of it. But I do believe, as one of the gentlemen prior to me had said, that a lot of businesses come here on their own initiative. And he seems to do very well, his son is doing business in Collier County and has made out very well without incentives. Collier County is a very nice place to live. Maybe if we took some more money and invested in beautifying Immokalee, Page 277 September 9, 2003 landscaping, just generally keeping the place more attractive by advancing programs that already exist, we could just continue to attract people here. They have a pretty fast rate of growth now and I think that we might encourage the place to grow even wilder and crazier as time goes on. We need a moderate, effective development in Collier County and I think it behooves us to be maybe a little slower or maintain our present growth. Also, these jobs that were identified, their average is $34,000 and you spoke around the issue. That means some people make less. If you have a couple of high wage earners you might get a bunch of people making less and then we have to subsidize them because they are beneath the ability to purchase houses. So the cycle just keeps going on and on. These people -- are we guaranteed that they'll be American companies that we're going to be spending money on, bringing down here? Are we going to have the requirement that the jobs -- that these people actually hire Collier County residents.9 Certainly some of the more technical skills we have to bring in from the outside but the things that -- should Collier County residents get the first shot at the jobs or are we just accelerating the growth here? Some areas that we might want to consider. Are we bringing in industries that are competing with existing businesses in Collier County? Is there going to be attention given to these jobs providing work for our high school graduates and local college kids that want to live in the area? Another thing that we could give attention to is Commissioner Coyle referenced the increase in the salaries of the people that already live here, like teachers and police personnel or anybody in general that lives here. Maybe we should give more attention to just letting the marketplace operate on its own and make people pay for Page 278 September 9, 2003 the services that they do get. Once again, I'm just a regular person out there in the community that has an interest in this and a lot of these people have a lot of knowledge based on this. But that's what I see when these type of issues are discussed. And I appreciate your attention to my comments. CHAIRMAN HENNING: Thank you. Okay. Is there any further questions from our staff?. Wishes of the Board? Commissioner Coyle, would you like me to state what was discussed at the budget workshop? COMMISSIONER COYLE: No. Please don't. CHAIRMAN HENNING: I'm sure you read it in the meeting. COMMISSIONER COYLE: Yes, I did. CHAIRMAN HENNING: That's all you need. COMMISSIONER COYLE: Please. Are we ready for discussion here? CHAIRMAN HENNING: Yes. MR. SCHMITT: Well, as we said, we would discuss all five. and given the changes that have been discussed tonight and based on some of the guidance after the budget hearing, it appears that we'll probably have to bring all five back after the ordinances are adopted -- or at least our changes. Now we can have them on the summary agenda but it looks like we're going to probably have 'to readvertise. I'll turn to the County Attorney so he can make sure that's on the record as we stated. But the Immokalee area Impact Fee Deferral Program, we can certainly take your guidance. But as I prefaced when I made my presentation we still need CRA approval. CHAIRMAN HENNING: Well, let's take the Immokalee piece first. Commissioner Coletta. COMMISSIONER COLETTA: Yes, I was going to say I, for one, would like to see that move forward. Of course, where we take Page 279 September 9, 2003 it from the TIF fund and the county gets reimbursed on it, I think that's an excellent way to work it. I talked to my friend Fred Thomas -- it's getting a little late, I guess -- not too long ago about it and he fully endorses it. I'll tell you it's a way to do it without having a major impact on the county budget. CHAIRMAN HENNING: Would you like to make a motion? COMMISSIONER COLETTA: I make a motion that we approve it. MR. SCHMITT: Commissioner, can I ask for guidance in some of the stipulations that were discussed or do you want -- COMMISSIONER COLETTA: Well, this would be with the condition that we take it from -- MR. SCHMITT: The 25 percent as proposed in the draft ordinance? COMMISSIONER COLETTA: As proposed in the draft. MR. MUDD: And Commissioner, what you're telling us to do is you're taking a vote not on the ordinance in the packet because the ordinances in the packet don't have all these specifications and they weren't advertised per the specifications that were changed. So we are going to have to readvertise. If you agree in unison that this is the way you want it, here are the specifications, we will bring it back, advertise it correctly and we'll put it on the summary agenda. CHAIRMAN HENNING: Right. We got that, I think. And we're only dealing with the Immokalee piece right now in this motion. COMMISSIONER COLETTA: That's correct. CHAIRMAN HENNING: Commissioner Coyle. COMMISSIONER COYLE: Let me -- is there a second to the motion? CHAIRMAN HENNING: I'm going to second the motion. Page 280 September 9, 2003 COMMISSIONER COYLE: I'm concerned about the specifications. What specifications do you have with respect to this program? MR. SCHMITT: What was discussed, we talked about establishing a program that would use the Tax Incremental Fund to pay back a certain portion back to the county. Staff's recommendation is 25 percent. You heard from Mr. Thomas that the Advisory Board has already approved that. One of the discussions yet that I'm waiting for guidance from the Board is whether or not they want to establish other qualification criteria. We discussed the -- in the presentation we discussed the current criteria of owner-occupied, $175,000 home, and -- I can't remember the third one. The dwelling must be within the geographical boundaries of the Immokalee Enterprise Zone. What I'm looking for from the Board, because it would be the CRA, but staff would prefer that it remain the Immokalee Enterprise Zone as the boundary because of the federal designation that it has as a Rural Federal Enterprise Community. However, understanding the CRA -- we'll be asking the CRA to reimburse the TIF money back for some areas that may not be in the CRA because the two boundaries don't overlap. That's why we were -- when I originally spoke I said we proposed that the CRA be the boundary, but Fred has now informed me that his Board has already concurred and so we would support that, because it does lend itself extra protection because of the designation of the Enterprise Zone. So it would be restricted to the Enterprise Zone, the dwelling must be owner-occupied, the maximum sale price of $175,000, and I look to this Board for guidance if they want to establish a total income criteria. One of the points that Mr. Thomas brought out was the fact that if you have a schoolteacher and a fireman, they are going to exceed Page 281 September 9, 2003 that. COMMISSIONER COLETTA: That's not part of my motion. COMMISSIONER COYLE: Wait a minute. Nobody has talked about a salary cap amount. MR. SCHMITT: That's why -- that's what I'm bringing up. COMMISSIONER COYLE: Nobody said anything about what the amount is. MR. SCHMITT: Right. COMMISSIONER COYLE: What, it's $500,000 a year or $200,000 a year? Nobody's mentioned that; nobody's said a word about it. MR. SCHMITT: I'm waiting for guidance on that. COMMISSIONER COYLE: I'm very disappointed that there seems to be a lack of appreciation concerning public perception of these programs. And I think that it's critical that if we implement one of these programs we do it in a way that we can demonstrate that we are wisely spending the taxpayers' money. Mr. Krasowski I think has fairly well echoed the general sentiment of many people in this community who believe that these incentive programs are a giveaway to people who simply don't need it. And the idea that we should just throw money out there like manure and hope something is going to grow, is typical of the runaway, socialist, bureaucratic government behavior. We need these programs and I'm trying to lay the groundwork for getting them. But if we don't establish the guidelines to make sure they achieve the desired goal, we will be doing just exactly what many people are suggesting, that current taxpayers are frontloading a giveaway program for people who don't need it. CHAIRMAN HENNING: What's your recommendation? COMMISSIONER COYLE: Well, I've already made my recommendations and I don't think anybody agrees with them. Page 282 September 9, 2003 One is that when these homes no longer are owner-occupied, they are no longer homesteaded, then that impact fee is due to us. MR. SCHMITT: And that's in the recommendation. CHAIRMAN HENNING: That's in the recommendation. COMMISSIONER COYLE: Okay. Well, it wasn't the last time I asked. The other issue was a salary cap. I don't believe that somebody making $225,000 in Immokalee should be able to go in and buy a home and have us subsidize -- front end load the payment of the impact fee. I don't think that -- CHAIRMAN HENNING: I don't mean to interrupt but just to kind of hurry this along. What is your recommendation on the salary cap? Because I'm hearing -- MR. SCHMITT: We discussed 100 percent. Staff, when we discussed this originally earlier this evening, we said 100 percent of the median income, which is $61,400 for a family of four. The SHIP is 80 percent. COMMISSIONER COYLE: It should be higher than that. It should be higher than SHIP. MR. SCHMITT: Yes. That's why we're saying 100 percent. So you can go up to a 100 percent of the median income, which is $61,000. COMMISSIONER COYLE: No. I'm not tying it to median income. Pick a figure that makes sense, but make sure it is a salary level where people -- people could not afford it otherwise. In other words, what I'm saying is why should someone who makes $250,000 a year have -- be able to participate in this program in Immokalee? MR. SCHMITT: Commissioner, I agree and I'm not arguing. I'm trying to look for a figure. We could make it 150 percent of the median income. COMMISSIONER COYLE: All I'm saying is pick a salary level that makes sense for Immokalee that will encourage the kind of people to be able to purchase something out there. Just keep in mind Page 283 September 9, 2003 that it shouldn't be a level so high that these people don't need financial assistance, that's all I'm saying. CHAIRMAN HENNING: Right. Let me throw something out: 150 percent of the median income, and I think that's pretty much where you want to be, Commissioner. COMMISSIONER COYLE: I think, it should be higher than that. COMMISSIONER COLETTA: I do, too. COMMISSIONER COYLE: I think it should be higher than that. I don't see anything wrong with a $75,00 or $80,000 salary cap, okay. MR. SCHMITT: That would -- 150 percent would be about $90,000 total income. COMMISSIONER COYLE: 150 percent? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Let's have an auction. COMMISSIONER COYLE: Wait a minute, wait a minute. I thought you were telling me that 150 percent was $45,000. MR. SCHMITT: No. The 100 percent of the -- the median income right now for a family of four, qualification 100 percent would be $61,400. For SHIP we take 80 percent of that. So you certainly would be -- 80 percent of that you would qualify. What we are recommending for this you could go up to 100 percent, up to the 61,000 and still qualify. COMMISSIONER COYLE: I would go even higher than that, quite frankly. MR. SCHMITT: So what we're saying is we'll go back to what Commissioner Henning said, 150 percent, we'll come back with a 150 percent of the median income. COMMISSIONER COYLE: But just establish some reasonable guidelines. Page 284 September 9, 2003 MR. SCHMITT: annually. MR. THOMAS: going to tell you why. That would be reasonable because we do that If he ties it to median income is a problem. I'm The median income in Collier County dropped between 2001 and 2002 significantly. If you have, you said $100,000 family income for a family of four, we can work it that way, you understand. But if the median income drops because investment income drops in Collier County, which is what drives it up in the first place, that could affect the program significantly in the future. COMMISSIONER COYLE: I don't have a problem with the family income of that level just as long as we have a guideline. COMMISSIONER COLETTA: That fine. I changed my motion to read $100,000. CHAIRMAN HENNING: Okay. And I'll amend my second. Are there any other concerns on the Immokalee incentives? Any other comment on the motion; questions on the motion? Commissioner Fiala. COMMISSIONER FIALA: This is just the first one, right? CHAIRMAN HENNING: That's correct. All in favor of the motion signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. MR. SCHMITT: All right. Just to make sure, we'll bring that back then for CRA approval. The Broadband Infrastructure Investment Program, the Fee Page 285 September 9, 2003 Payment Assistance Program, the Tax Stimulus and the Job Creation, each of those, since they have been modified since they've been advertised, will have to come back. We'll take your guidance on any one of those, as well, and it appears that we would be able to put those on the summary agenda, but we would have to make sure they go through the legal review and go back through the Clerk's office. CHAIRMAN HENNING: Okay. MR. SCHMITT: Advanced Broadband. CHAIRMAN HENNING: Let me tell you on the whole thing again. Businesses -- existing businesses cannot receive these benefits and I don't mind if the guy that has a second home in Port Royal that wants to relocate his business on U.S. 41. I would rather see him go to 951 and some of his employees use the other side of the road that is not used in the morning. That was my whole point, is the tax dollars that we're being asked to use are the public's tax dollars. And if we are going to incentivise people again with more traffic flowing the same way that they do, they are going to be irate. So I'm going to stick to my original thought. MR. SCHMITT: Original proposal of one mile -- everything east of 951 ? CHAIRMAN HENNING: East of 951, and I'm only one vote. COMMISSIONER COLETTA: Well, wait. Don't be so sure on that. I was trying to figure out exactly what the benefit was of being one mile west of 951. I've been through that in my mind going through that whole corridor, and I'm trying to figure out where they could benefit from it. CHAIRMAN HENNING: Something's coming up that we don't know. COMMISSIONER COLETTA: Well, in that case there, I'd play it safe and say east of 951, too. Is there something we should know that we don't know? Page 286 September 9, 2003 MS. NEMECEK: We're just trying to capture both sides of 951. COMMISSIONER COLETTA: But there is nothing on the other side of 951. It's all residential, for the most part. Golden Gate City has got some area, but, I mean, it's very limited there. MS. NEMECEK: East Naples. COMMISSIONER COLETTA: Does that make a difference, Golden Gate City? Is there something there that we are missing? CHAIRMAN HENNING: East Naples: You got Lely, you got Rookery Bay. There's something cooking, but I'm not sure. Commissioner Fiala had a question. COMMISSIONER FIALA: My question was on the broadband thing. How many companies here sell broadband or are we using taxpayer dollars just to put dollars into the broadband company? Somehow I'm having a problem giving them our taxpayer dollars to entice some other company to improve their technology. If they want to improve it, let them improve it, but why do we have to give the company all that money -- the broadband company? CHAIRMAN HENNING: Well, Tammie, can you answer that? MS. NEMECEK: May I comment? Thank you. In regards to the telecommunications infrastructure, the telecommunications companies are putting in infrastructure based on the demand of the companies that require that infrastructure. And over the years it's been cost prohibitive for these companies to put in the fiber optic and the wireless, especially when you are talking about small companies. So this incentive is going to allow these companies to put in advanced broadband infrastructure. It's going to cost way more than the $25,000 that the county is providing, but that can be an inducement to upgrade to the fiber systems. By upgrading to the fiber systems, then that automatically requires the telecommunications providers to upgrade from copper to fiber in the ground, which they won't do on their own until the demand is there. Page 287 September 9, 2003 COMMISSIONER FIALA: But tell me, that's not bringing in a company. What you're saying is an existing company can upgrade their system. So we're going to pay $25,000 to this broadband company out of taxpayer dollars so that they can upgrade. I don't know how that's doing anything at all to stimulate business in Immokalee. COMMISSIONER HALAS: I think maybe I could help out. Say for instance, a company put -- asked for this request of $25,000 to upgrade their infrastructure for broadband. What this does is causes the telecommunication company to install this into that building. That then provides an avenue for other companies to tap into that, because now it's established there. MS. NEMECEK: Exactly. Once the fiber is there -- COMMISSIONER HALAS: Once the fiber is there then what you do -- it has the ability for other companies that are presently here now to tap into that fiberoptics. MS. NEMECEK: As well as the residents of the community. COMMISSIONER HALAS: And the residents of that community. So what it does is it increases the flow of information. So what we're doing is, if you can picture a company that's out here in the distance someplace and they don't -- there is no way that they can come up with the funding on their own to come up with the fiberoptics. But if we help them with the fiberoptics, then other companies that establish along that route then have that opportunity to get involved in that and it's no cost to the company itself and it's no additional cost to the county, because it's already put in place. And then what we do is we increase everybody's ability to get on board the super highway. MS. NEMECEK: It reduces the overall cost of the system, as well, to the entire community because you have additional fiber that's in the line and it becomes more cost effective for other people, residents as well as companies, to tap into the system. So what you Page 288 September 9, 2003 are doing is reducing the overall cost of the system. CHAIRMAN HENNING: Okay. Any further questions? Commissioner Coyle. COMMISSIONER COYLE: I have a comment that governs all of these remaining items. You want me to -- CHAIRMAN HENNING: Yes. That's where we're at. COMMISSIONER COYLE: -- bring that up at this point right now? CHAIRMAN HENNING: We're going to make a motion and actually, that's going to be a direction for staff to bring it back as an advertised item. COMMISSIONER COYLE: Okay. Then this statement probably will be my last on this whole set of items. But I'll do my best. Everybody knows we don't need to have incentives to get people to come to Collier County. They are flocking here, but they are going into construction, tourism or service industries. Now, that's what the market is producing. The market is causing that, and we've got more of those than we need and I quite frankly don't want anymore. That's the one reason I'm willing to support a program that puts some government money into changing the market conditions, because we have an economy that is dangerously lopsided. Now, if we can get these incentive programs to target the right kind of industries so that we diversify our job base and increase our salary levels, then we will do a lot of really, really good things for Collier County. The problem we have, though, is that the cost of living is going up very rapidly but salaries are going up only gradually. So that every time you create a job at $35,000, you're killing us because we are not even getting close to the cost of living in this area, and people can't afford to live here at that level. They live in substandard Page 289 September 9, 2003 housing or they have to rent or they have to live with multiple people in the family. The only way we solve that problem is to have a quantum change in the salary levels. And it's for that reason that I would like to encourage that we dramatically boost the salary levels we are expecting companies to bring here. $35,000 a year jobs to Immokalee is significant, even $15,000, as you pointed out, is significant. To most other areas in Collier County it's not significant at all. It's harmful. And what I would like to see us do is to move that minimum average wage requirement up dramatically so we can have a sort of a step function in that salary curve. We can get that salary curve going up a lot faster, and hopefully, we'll come closer to the cost of living and the economy will work better that way. One way of doing that is to take part of the money that we're going to allocate to this program and put it in a pool that we, as Commissioners, can use to custom design incentive programs for highly desirable types of businesses to come to Collier County -- businesses that will really create significant salaries for their employees and help our community. And in that way, we can sit down with those organizations, find out what we need, tailor an incentive package for them that benefits them, but gets appropriate return for our taxpayers. And in that way we're not constrained by the rigidity of the programs that are currently being proposed. Now, I'm not suggesting that we do away with the programs you've proposed. I'm suggesting we keep those. But I'm saying we take a portion of the money and we put it into a pool that we can use for tailormaking packages for highly desirable organizations. Now, what's your take on that? MS. NEMECEK: The flexibility of the program-- and that's why we talked about the high impact -- adding that component to it is Page 290 September 9, 2003 still retaining that flexibility for the Board of County Commission to attract those companies that are highly desirable in this community, that would pay those higher wages, technology based, add to the employment base here in what Dr. Pegnetter referred to as the knowledge-based industry. And I think that that's a viable solution to allow us to compete for these desired employers in Collier County. There's a -- the Governor has requested allocation of those dollars on the state level because they understand that when it comes down to it, that we are competing not only within the state for companies, but other states are looking at our companies as well to try to recruit them out of the state. And to have that flexibility is needed in order that you can customize those programs in order to meet the needs of the companies, because you can't foresee exactly what those needs are going to be and put them into a box. COMMISSIONER COYLE: That's exactly right. And what I would like to do is to have you consider changing these private sector wage targets to -- we were talking about 150 percent at one time and it was around $45,000, if I remember correctly. Now, Commissioner Halas was interested in the same thing, for those areas of the county where that is appropriate, okay. And then we still retain some money in this program that we can do to attract those people that provide even greater salary benefits to our residents. CHAIRMAN HENNING: Clarification. We're still going to see all these. We still need to approve these individually, the Board of Commissioners; right? So I think it's pretty much covered, Commissioner. You're still going to have the mix there that you're going to cover. And it doesn't have to be a high wage job. It's going to be in the mix anyways. COMMISSIONER COYLE: Well, I'm not sure I agree. If under this program Tammie and EDC were to go out and start Page 291 September 9, 2003 looking for companies that provide $38,000 a year salaries, they are going to bring those in here and we're going to sit here and talk with them, and then we're going to say, well, that's not really high enough, $38,000 is not going to cut it, even for the incentives that we have got identified here. Doesn't cut it for Immokalee or some places in the eastern part of the county, but we also need jobs in other places. There are places right here in East Naples where people need higher paying jobs because they cannot afford reasonable housing. So what I'm trying to do is find a way to get those salary levels up. If we keep creating $35,000 and $38,000 a year jobs, we really are backing up, we're not going forward. MS. NEMECEK: I think allocating a certain portion of the dollars and designating those towards high impact companies that can be brought back on a case by case basis, and having the wage criteria equal to 150 percent, and putting the job requirement at 20, I think would satisfy that. COMMISSIONER COYLE: All right. CHAIRMAN HENNING: Why don't we just throw a figure, set aside $100,000 out of the program fund? COMMISSIONER COLETTA: How about a million? CHAIRMAN HENNING: I'm sorry. Come again now, where are we? COMMISSIONER COLETTA: Exactly what were you asking for for this program? MS. NEMECEK: The up front on the fee payment assistance was a million allocated outside the Enterprise Community and 500,000 specifically dedicated to Immokalee. COMMISSIONER COLETTA: And I can't figure out exactly where we're going with this that's wrong. We still have the right at any point in time to reject anything that's coming down. There's been a lot of time spent on this and now at the eleventh hour we're Page 292 September 9, 2003 going to try to rebuild this whole thing. CHAIRMAN HENNING: That's our privilege. COMMISSIONER COLETTA: You're right, that is. COMMISSIONER COYLE: That's not the first time you've heard it. I've brought this up in every meeting we've had since we started. That creating a $35,000 a year job in most places in Collier County does not increase the economic stability. MS. NEMECEK: What you could do is allocate that million dollars to be used for both the eastern Collier County companies as well as that special case scenario where you're requiring the higher wage as 150 percent, and the job creation at 20 new jobs. So you would have that dedicated million dollars for that program. COMMISSIONER COYLE: And so why don't you just bring back the recommendation based on what you think will work and then we'll have a chance to consider it later, but okay. COMMISSIONER COLETTA: Am I wrong or do you consider this would work, what we have before us? MS. NEMECEK: Adding in that high impact company criteria? COMMISSIONER COLETTA: What I'm saying is we're trying to give You recommendations and the recommendation I heard was bring back what you think will work. CHAIRMAN HENNING: Somebody throw out a motion so we can start building that and move forward. COMMISSIONER COLETTA: I'll make a motion to approve it and then we can go ahead and get it up for discussion. CHAIRMAN HENNING: And give us some -- approve it and COMMISSIONER COLETTA: Approve as is. CHAIRMAN HENNING: As is. Okay. MR. SCHMITT: Commissioners, for guidance, as is, then we're back to the percentage where it's 125 percent that was listed and Commissioner Coyle talked about 150 percent. Page 293 September 9, 2003 COMMISSIONER COLETTA: Right. But I'm just starting the motion off and at that point in time we'll go ahead and amend it as we need to to make this Commission reach some happy level that's going to work for everything out there. CHAIRMAN HENNING: And I can't support the motion because of traffic impacts to areas. I think east of 951 is where we should be. COMMISSIONER FIALA: I do. CHAIRMAN HENNING: Mr. Weigel? MR. WEIGEL: Yes, just a thought, that if you have a concern about both sides of 951 but you don't want to go a mile west of 951, you could say immediately adjacent to and east of 951, and if you want to get the alignment of roads that are, the roads -- excuse me, the property that's exactly contiguous and touching 951 on the west side. Just a thought. CHAIRMAN HENNING: Well, you know, Commissioner Coletta and I have the same similar concern is who are we trying to capture to benefit here, that's all. COMMISSIONER COLETTA: All I want to do is get this motion up front and go ahead and amend it. Actually, I change my motion to be east of 951. The center line, by the way, so somebody doesn't get smart on the edge of the road. CHAIRMAN HENNING: Does the second agree to that? COMMISSIONER COYLE: I second that, yes. COMMISSIONER HALAS: I need to make sure we have a point of clarification and we understand the funding sources, as well. Right now you're currently budgeted for one and a half million dollars, and of course, that's what's in the budget. But we also identified this proposal that those companies locating in the CRA district so that would be Bayshore Gateway CRA or Immokalee we would look for a 10 percent fee transfer per year and make sure you understand that we would of to pursue that, Page 294 September 9, 2003 as well through the respective CRAs and then come back to the Board. CHAIRMAN HENNING: That's fine. We'll have to deal with the CRA issue when it comes back. COMMISSIONER FIALA: I'm trying to understand what you mean by 10 percent fee issue. COMMISSIONER HALAS: Well, what we are talking about it's the same picture with the impact fee deferrals for the housing. If -- it's your call, if you just want to promote industry everywhere, but what we are saying is if industry comes into the county that the Tax Incremental Fund and the effect of that industry coming into a CRA district, all that money goes into the CRA and the county sees none of the taxes for those programs that for instance, the fee payment assistance you're using general fund money to promote businesses to come into Collier County, and the only way you get that back, in theory, is through future taxes. But the CRA is exempt from that. Although taxes are going into the respective CRAs. So in order to compensate for that, shall I say the county -- MR. SCHMITT: Without having a percentage come out of the CRA, Commissioner, basically everybody outside the CRA, every taxpayer outside the CRA, is totally subsidizing that improvement. What we're basically saying is if this is going to be an incentive program you want to get those tax dollars back out again so that they increase your tax base. And unless the CRA, the benefit that they will get from it is there will be increased assessments as far as property value is concerned to that, and they'll get that delta but they won't get the whole chunk of dollars right off the bat from a new one coming in. CRAs were set in 1989 as the baseline. COMMISSIONER FIALA: 10 percent of what? MR. SCHMITT: 10 percent of the Tax Incremental Fund. If you have a store there now that's paying, pick a number, $25,000 a Page 295 September 9, 2003 year in taxes, and somebody goes in there and opens a business that now they are getting $75,000 a year in taxes that $50,000 delta goes into the TIF and the CRA gets that. COMMISSIONER FIALA: So you're going to do it on a property by property, business by business basis? MR. SCHMITT: Yes. If a business relocates into the CRA district, we would look for some method to pay back at least a portion of that TIF back to the county. COMMISSIONER FIALA: I just wanted to know how you were going to identify -- CHAIRMAN HENNING: The easiest way to do it is we are creating an economic zone east of 951. If there are any CRAs inside that zone they need to participate. Anybody outside they are not to participate until the Board changes that on a case by case basis. COMMISSIONER COLETTA: That's excellent. I'd like to make that part of the motion. CHAIRMAN HENNING: All right. Anything else? COMMISSIONER HALAS: Second. CHAIRMAN HENNING: All in favor, of the motion signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER COYLE: No. CHAIRMAN HENNING: Motion carries 4-1. Thank you. Anything else? MR. SCHMITT: We covered the job creation and the tax' stimulus, any guidance on those two? Job creation program was basically payments, again, is there any other guidance with regards to the various criteria? Page 296 September 9, 2003 way CHAIRMAN HENNING: No. MR. SCHMITT: You want us to kind of carry that theme all the through and bring them back? COMMISSIONER COLETTA: CHAIRMAN HENNING: Yes. COMMISSIONER COLETTA: CHAIRMAN HENNING: No. Yes. Do you have a formal position? You covered it all, it was just a clarification. COMMISSIONER FIALA: I was having a problem with that one so I can't vote in favor of it. CHAIRMAN HENNING: Which one? COMMISSIONER FIALA: Of the job creation, just because of creating low wage jobs and using taxpayer dollars to do it. I know you've explained it, I just don't like that and I cannot vote in favor of that. CHAIRMAN HENNING: Okay. We'll deal with that when it comes back. Anything else, Mr. Schmitt? MR. SCHMITT: That's it. CHAIRMAN HENNING: We have some comp plan amendments that take a super majority and I'm kind of fizzling out. I don't know how the other Commissioners feel. COMMISSIONER HALAS: I was going to suggest that we break for the evening. CHAIRMAN HENNING: The thing is the advertising. MR. MUDD: You have four people right now that Sue had that want to talk on items. CHAIRMAN HENNING: Okay. MR. MUDD: You have one on item 9(L), one on item 10 Alpha. CHAIRMAN HENNING: Call them as you see it. MR. MUDD: Commissioners-- Page 297 September 9, 2003 CHAIRMAN HENNING: Let's take a seven minute break. (A recess was taken.) Item #8C ORDINANCE 2003-43 PETITION NO. CPSS-2003-1, A SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT (FUTURE LAND USE ELEMENT) TO EXPAND THE FIOIJNDARIF. S OF ACTIVITY CENTER #16- ADOPTED MR. MUDD: We have 8(C) -- CHAIRMAN HENNING: Why don't you call 8(C) up? MR. MUDD: 8(C) is continued from the July 29, 2003 BCC meeting. Approvals of Items 17(A) and 17(B) are contingent upon much approval of this item. You will note today that Commissioner Fiala asked 17(A) be continued, so 17(B) is contingent upon this item and 17(A) will be heard at a different time. CHAIRMAN HENNING: Right. MR. MUDD: Petition CPSS-2003-1, Small Scale Growth Management Plan Amendment, Future Land Use Element, to expand the boundaries of Activity Center Number 16. Activity Center Number 16 should be on your visualizer. MS. FILSON: We have one speaker, Rich Yovanovich. MR. MUDD: He will be presenting. COMMISSIONER FIALA: I want to tell you that I have met with the CRA Advisory Board and they all are in agreement that this is a good thing coming our way. So I would make a motion to approve it unless you would like to give a little speech. COMMISSIONER COLETTA: I'll second it if you're almost done. MR. YOVANOVICH: I'm done if there's a second. Page 298 September 9, 2003 MS. FILSON: The next speaker is Sharon King and she waives. COMMISSIONER HALAS: And her concern was old Florida architectural standards. COMMISSIONER FIALA: And we're bringing that back. MR. MUDD: Part of the CDC. CHAIRMAN HENNING: Any discussion on the motion? All in favor of the motion signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Motion carries unanimously. Item #9L DISCUSSION OF PROPOSED AMENDMENT TO THE COUNTY'S VEHICLE FOR HIRE ORDINANCE REGULATING TAXICABS- CONSENSUS OF BOARD TO BE BROUGHT BACK WITH ADVICE ON HOUW TO PROCEED FROM THE PIJBI~IC VF, HICI,F, ADVISORY COMMITTEE (PVAC) MR. MUDD: The next item that we have a speaker for, Mr. Chairman, is Item 9(L). 9(L) is an item that you wanted to talk about, which is a discussion of a proposed amendment to the county's Vehicle For Hire Ordinance regulating taxicabs. CHAIRMAN HENNING: There is no backup and I don't have my cheat sheet, but I'm going to go by memory, if you don't mind. this is an item that I asked to be put on the agenda. It was brought to my attention that there was a pedophile that got a permit for driving a taxicab, and we regulate taxicabs and companies. Page 299 September 9, 2003 Part of the things that we can say no for a taxicab driver is, if you have a DUI or if you have reckless driving, or some other felonies, like the RICO Act and that. And I'm very concerned with some parents that cannot pick up their children from school because they're sick or they need to go to Aunt Annie's house or something like that, and being picked up by a sexual predator. And I don't think, I think that we can regulate that with the help of the County Attorney, take the fox out of the hen house and protect women and children of Collier County. MS. FILSON: Speaker is Joanne Vishaway. MS. VISHAWAY: Good evening. I come to you as a private citizen and as an owner of a taxi company here in Naples called "JoJo's." It has come to my attention the government is allowing sex offenders to drive cabs in Collier County, and as a single mother of one and a survivor of sexual abuse as a child, I find this appalling. There is such a thing as a moral turpitude clause in that is instilled in the government of Collier County that will disallow sexual predators to drive cabs in this county. I think it should come before the Board. This is something you should consider as an out. Having spoken with the County Attorney's office at one time, they don't have an out. They don't agree with it, they don't want it, there is nothing they can do about it. This is something I think that -- there have been times when I have actually had my daughter picked up by a cab. Having worked in this industry for almost 10 years you have to be selective about the kind of people that you have to do something like that. And when you don't know what's out there, you can't be selective. I just think given the state of America today that we should really put more efforts in protecting our children. Again, it seems kind of amazing. CHAIRMAN HENNING: Thank you. Mr. Weigel? Page 300 September 9, 2003 MR. WEIGEL: Yes, sir. We became aware of the question concerning the Collier County ordinance regulating taxicabs with the newscast about a week and a half ago and we have quickly reviewed our ordinance, compared it to Lee County ordinance which is a 2001 ordinance, newer than ours but identical to ours, just to make sure the record is clear. Our ordinance does provide for a regulation and a prohibition of the certification of operators for many crimes; includes manslaughter, arson, moral turpitude, prostitution and several others, if I wish to read further. It does not specifically provide for sexual predators. Sexual predator is a statutory term that came into being in 1996. The case law that we've researched does provide some limitations of the application of a sexual predator limitation even to an ordinance such as our taxicab regulatory ordinance, in the sense that it appears that the case law shows that there are some limitations to retroactivity. Now anecdotally, I have been learned or been informed that there may be a person driving a taxicab in Collier County which under the crimes area of our ordinance, again identical to Lee County ordinance, is not covered but for a couple reasons. One is because the alleged crime or conviction occurred in 1992. Our ordinance, just like the Lee County ordinance, provides for a person that's been convicted within the last three years. My suggestion would be that our office will, if the Board so directs, bring back an ordinance amendment which goes to the full extent of the law both in regard to sexual predator but also for those other sexual offenses which are not definitionally covered by sexual predator, other sexual offenses, and therefore it will be even more encompassing than merely using the term "sexual predator." Additionally, the Board will have have a choice and it truly is a choice, as to whether you would direct the County Attorney to bring an ordinance amendment directly back to you through an advertising Page 301 September 9, 2003 process or to bring it through the PVAC committee prior to bringing it to you at the Board. We can do it either way. You have the flexibility if you so care. COMMISSIONER HALAS: Did you say the PVAC? MR. WEIGEL: Yes. The PVAC is the advisory committee that regulates -- I should say that reviews and assists in the regulation of the private person carrier industry, the taxicab and limousine industry, as it's here in Collier County. They are a committee or Board that meets periodically, no less than quarterly, and they serve as so many of the committees of the Board of County Commissioners do, as an advisory committee to the Board of County Commissioners. They are the ones who are on the line who have as their committee members persons active as owners or clearly related to the public service and personal transport industry businesses here in Collier County. So again it's not required that an ordinance be reviewed by them first before it would come to the Board of County Commissioners, but it wouldn't unnecessarily be unlike the Planning Commission reviewing land use matters before you made a decision on land use matter. If you wish for that committee to see the ordinance first, and provide whatever comment they may have. That's your proviso if you need to utilize them, as well, in this process. We can go forward very quickly, though. CHAIRMAN HENNING: I would think we can bring it back to the Board of Commissioners hopefully next month and at that time get the advice of the Advisory Board. That would be the direction that I have. COMMISSIONER FIALA: I'd like it to be as tight as we can be so it's not just somebody that's convicted, but maybe somebody that's been jailed and maybe got off on the charges after he was found doing these things. Page 302 September 9, 2003 CHAIRMAN HENNING: fullest extent possible. Is that okay? COMMISSIONER COYLE: Fine. MR. WEIGEL: I can take general direction. formal vote, obviously. CHAIRMAN HENNING: Thank you. God bless. Mr. Weigel will tighten it up to the I don't require a Thank you. Next item. Item #10A COMMUNITY REDEVELOPMENT AGENCY (CRA) TO ANALYZE THE FOUR (4) FUNDING OPTIONS AND RECOMMENDATION TO THE BCC THE AMOUNT OF FUNDING THAT SHOULD BE ALLOCATED FROM FUND 186 (IMMOKALEE REDEVELOPMENT) AND FUND 187 (BAYSHORE/GATEWAY REDEVELOPMENT) TOWARDS THE FUNDING OF ONE AND THREE QUARTERS (1 &3/4) FULL- TIME EMPLOYEES (FTES) FOR FY03/04 NECESSARY FOR FACILITATING THE REDEVELOPMENT INCENTIVES PROGRAM- TO CONTINUE WORKING W/CRA AND REIMBURSE THE COUNTY FOR EXPENSES INCURRED- APPROVED MR. SCHMITT: Next item, Commissioner, is Item 10 Alpha, and that is Board of County Commissioners acting as the Community Redevelopment Agency. Recommendation that the Community Redevelopment Agency, CRA, carefully analyze the four funding options and recommend to the Board of County Commissioners the amount of funding that should be allocated from Fund 186, the Immokalee Redevelopment, and Fund 187, the Bayshore/Gateway Redevelopment, towards the funding of one and three quarters full-time employees for FY 03/04 Page 303 September 9, 2003 necessary for facilitating the Redevelopment Incentives Program. I talked to Mr. Fred Thomas a little while ago and he said they have already had a vote in their CRA committee about what they want to do for the Immokalee CRA, and that is to employ a county employee that can do everything for their particular CRA. There is a desire in the Bayshore CRA to hire their own director. The staff doesn't discourage that. We would do what they want with it. Once they have that director, that director will be solely funded by that CRA. What we're concerned about is what about the interim period of time between when the Bayshore CRA hires their director and the staff time that's being allocated to the CRA today. And I think that's the question in front of the Board right now, and it's not to go through four options. I think we've pretty much got the Immokalee CRA laid down. They want staff to support them and they're willing to pay that out of their particular fund. We have one the other CRA, Bayshore, that wants their own director, willing to pay for that director out of their own fund. What staff's asking the Board to do, as the CRA Board, is to tell us how you want to fund the interim time for the Bayshore CRA. CHAIRMAN HENNING: Why don't we bill the CRA? MR. SCHMITT: Well, that's what we're asking. Do you want to take it out of ad valorem or do you want to bill back CRA for this? COMMISSIONER FIALA: No. Nobody wants -- I should let our CRA Board member speak first, but I do know that they need a little bit of time right now because this is a new thing that had just been presented. They have not even had time to discuss it amongst themselves. They don't want to lose the county in any way. They want to be connected to the county even once they hire an executive director, because the county has been their backbone. It's just that they feel that they don't want to hire a full-time Page 304 September 9, 2003 person and pay a full-time person in the county, but still they want to pay their fair share in CRA dollars. Nobody has a problem with that. But rather than have me tell you, let's get our Board member, Sharon King, to tell you. MS. FILSON: We have one speaker, Sharon King, and I believe on this particular issue, Commissioner Coyle is the Chairman. COMMISSIONER COYLE: Motion to adjourn. (Laughter) COMMISSIONER FIALA: I just have to tell you I wasn't speaking as chairman. I just sit in on the meeting. MS. FILSON: I know. COMMISSIONER FIALA: Okay. MS. KING: Sharon King. I'm a member of the CRA Advisory Board for the Bayshore/Gateway CRA Advisory Board. I just want to say that we didn't agree with the four options that were presented to the CRA Board and we are willing to pay -- what little discussion we've had, we would pay for staff to continue helping and assisting us as the Advisory Board. But our main objective, and I believe we spoke with you in the June meeting, that we wanted to hire an executive director. We wanted continuity to some of our causes and we felt that that would be the best thing to do. I know at that meeting Randy had suggested that we didn't need a full-time employee. I think we convinced him that we did, and at that point we'll be paying our director ourselves. We did want to clear up some confusion about whether the director would report to the County Commissioners, the Planning Commission, to the CRA, or to the Advisory Board. And we're hoping that he would report to the CRA and the Advisory Board rather than the Planning Commission. So we hope to give also this person the benefits of a county Page 305 September 9, 2003 employee and we've got a lot of things to work out. But until that time I think the CRA Advisory Board would direct the CRA that we'd be willing to pay for staff until we could make that decision and do that hiring. COMMISSIONER COYLE: Any questions of members of the Board? CHAIRMAN HENNING: Make a motion to approve. COMMISSIONER COYLE: second? COMMISSIONER FIALA: COMMISSIONER COYLE: by the way, I have a question. Motion to approve, is there a Second. Is there some discussion? Which How do you want to pay for that? Do you want to task the staff to do certain things for you or do you want the staffjust to work on things and send you a periodic bill? MS. KING: I'll tell you, we just had a meeting last Tuesday and this was given to us at that meeting, and we weren't very prepared. I may not have the answers but I could get back with you with those answers after discussing with our chairman and other Board members what would be the best approach. COMMISSIONER COYLE: If you would. I know there's been some concern about control of the expenditures -- MS. KING: Right. COMMISSIONER COYLE: -- and it seems to me that you have better control if you define the tasks and the assistance you require in the interim, and then ask the county for the assistance, and then they would bill you for that specific assistance. It might give you better control that way. MS. KING: Yes. COMMISSIONER COYLE: The other thing you mentioned with the CRA Advisory Board and the CRA, that the last time we met we were going to get a report sometime I think in September -- Page 306 September 9, 2003 MS. KING: Right. COMMISSIONER COYLE: -- about whether or not we really needed both and whether the Board of County Commission should sit as both the CRA and the Board of County Commission. MS. KING: We did present that question to the legal department and we were hoping that they would come back with an explanation of how we could do this. I know there was a question about having two CRAs and two boards that would report to the Board of County Commissioners, and we were hoping that that could occur. The attorney tells us that it wasn't possible. So we're getting back with him and saying it may not be possible, but how can we do it anyway, what steps do we need to take to make this happen. And we're waiting for direction from him. COMMISSIONER COYLE: That's the way to ask a question of a lawyer. Not whether or not it can be done -- MS. KING: Right. He didn't want that answer. How do we make this happen? COMMISSIONER COYLE: -- I hope you asked the question, how do we get that done. Okay, we've got a question? COMMISSIONER FIALA: I have one more question. I wanted to clarify the motion. COMMISSIONER COYLE: Okay. COMMISSIONER FIALA: Is the motion to continue working with the CRA Advisory Board from the county until they decide how they want to move forward, and the CRA Board will then pay the county? COMMISSIONER COYLE: That's my understanding of the motion, is that correct? CHAIRMAN HENNING: Yes. They'll reimburse the county for the expenses of the employees. COMMISSIONER FIALA: That's what I thought, just wanted Page 307 September 9, 2003 to make sure. COMMISSIONER COYLE: Any other discussion? All those in favor of the motion signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER COYLE: All opposed? (No response.) COMMISSIONER COYLE: Carries unanimously. Now a motion to adjourn. MR. MUDD: Chairman Coyle, we are no longer in that Board meeting and Chairman Henning is now back. We have one public comment, one speaker. MS. FILSON: Oh, you know, actually I had two, but Bill Regan left. They were stuck together. MR. MUDD: We have lots of agenda items and the attorney is going to tell us how we are going to continue this tomorrow night. CHAIRMAN HENNING: Public comment, please. Item #11 PI JBI,IC COMMENTS ON GENERAIJ TOPICS MS. FILSON: Bob Krasowski. MR. KRASOWSKI: Good evening, Commissioners. My name is Bob Krasowski. I'm with Zero Waste Collier County Group. Another long day, huh? I've been watching a little TV lately -- and I'll keep it to five minutes, so pardon me -- watching a little TV lately, and I've heard a couple of interesting things. And apparently, the American public is Page 308 September 9, 2003 not feeling confident in their government. The surveys and polls have gone out and people look to news agencies for information in the event of a disaster or catastrophe. Well, in my experience in Collier County when there's been threatening disasters and catastrophes, I've felt very comfortable with our local news agencies providing coverage on of the Commissioners and the staff relating to the threat of a hurricane, or whatever, so I don't feel that way in Collier County. I feel pretty confident that things would be taken care of. But also apparently, the people learned recently that reports after 9/11 at the ground zero site were manipulated and doctored to misrepresent the actual condition of the air and the environment where the heroes of America, the police and the firemen, were there working to save everyone or anybody. So that's a pretty big deal. So I'm just here tonight and stuck around just to appeal to our local government to make sure that we maintain the highest standard of respect and regard for the citizenry and as far as communicating to them information that might be available on any topic of interest that passes through your offices or through our lives via the county. I wanted to touch on a couple of things. One is that recently we've had a couple items come through on the consent agenda and a few months ago the five tasks that were assigned to Malcolm Pirney was on the consent agenda. And we've been working for years on this issue and had to make an effort to get to come in front of the Board so we could come and meet you in session and raise some points of objection or concern that we had. And I don't think it should be difficult for us to do that. The stuff should be out in the open and up front. It's a big deal, the tens of millions of dollars that will be spent on Southwest Florida Water Management solution when we finally arrive there. Even more recently, the item on the consent agenda when we Page 309 September 9, 2003 switched from IWT negotiations to Bright Star. It might have been a small event to you, but it's important to us who have been working on this, in that it's not for us and trying to provide you with information that we see and we rely on you to receive our comments. Like I had a real hard time providing the information about the Energy Development Limited and the parent company of Bright Star and sharing that with you as far as their withdrawal from the Bright Star event. That whole episode generated two paper articles, one from Brent Batten -- you might have seen them -- and then another one from Larry Annan, who is not here right now. But I noticed those articles quoted Mr. Mudd and Mr. Henning, and Mr. Mudd said-- supposedly said-- this is the Naples Daily News -- but he said that: You push to get everything done as quickly as possible and you risk running roughshod over people who want to speak on issues. If you bend over backwards to let everyone have their say, you run the risk of having people take advantage of the situation and lengthen the meeting because of their personal agenda. That doesn't sit very well. I don't know if I quoted directly. But you know, it's not a personal agenda any more than anybody else's agenda when we come up here to address this issue. And in particular you're all working all sort of concerns, interests and stuff. And then Mr. Henning was said to say I don't let any one get up and go off on their political agenda, you know. So I hope you don't feel that way about me. I mean, sure everything is done is a bit mystical, but I'm trying to engage this issue, trying to deal directly with you. I'll close with this but of concern, a concern I've mentioned before, is that five task item, the $62,000 that's supposed to go to Malcolm Pimey for this public information borderline propaganda campaign that we've assigned to him. And that 62,000 task is also included in the proposal or a similar work is included in the RSP for Page 310 September 9, 2003 the gas station, if anybody was to want a gas station -- CHAIRMAN HENNING: Time's up. MR. KRASOWSKI: I'll finish up in a couple sentences -- they would have the job as part of RSP to do this promoting of a gas station. So it's like we're double dipping on this and I'm looking forward to the time when we do get zero ways type analysis. That's all. But I appreciate your attention to my comments. Have a nice evening and you're back here tomorrow; right? CHAIRMAN HENNING: The Board is adjourned until 9:00 a.m. tomorrow. Page 311 September 9, 2003 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 8:30 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL TOM--II'G, Chm'i~an ATTEST: DWIGHT E..BROCK, CLERK % Attest':,as to $tgnat~e ~15, ', These minutes approved by the Board on as presented ~ or as co~ected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE NOTTINGHAM, DANA ULRICH AND KAYE GRAY Page 312