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BCC Minutes 09/23/2003 RSeptember 23, 2003 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 23, 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 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: VICE-CHAIRMAN: TOM HENNING DONNA FIALA FRANK HALAS FRED COYLE JIM COLETTA ALSO PRESENT: JIM MUDD, County Manager LEO OCHS, Deputy County Manager MICHAEL PETTIT, County Attorney SUE FILSON, Executive Manager Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 23-24, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1 September 23-24, 2003 ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 2e LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE AGENDA AND MINUTES Ae Be Ce De Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) September 2, 2003 - Special Meeting September 4, 2003 - BCC Budget Hearing September 4, 2003 - Pelican Bay Budget Hearing SERVICE AWARDS PROCLAMATIONS Ae Be Proclamation to designate October 25, 2003 as NAACP Freedom Fund Day. To be accepted by Laverne Franklin, President of the NAACP. Proclamation to designate October 8, 2003 as Collier County Walk Our Children to School Day. To be accepted by Theadore Litwin, Chairman of the PAC. Ce Proclamation to recognize and celebrate the Parks and Recreation Department and its staff for receiving the 2003 Agency Excellence Award in 2 September 23-24, 2003 Se Category I. To be accepted by Maria Ramsey, Director of Collier County Parks and Recreation Department. PRESENTATIONS e Ae Recommendation to recognize Amy Tozier, Case Manager, Human Services Department as Employee of the Month for September 2003. PUBLIC PETITIONS e Ae Public petition request by Ms. Cindy Kemp to discuss petition documents regarding Southern Golden Gate Estates Area. BOARD OF ZONING APPEALS ge Ae This item was continued from the September 9, 2003 BCC Meeting 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 multistory 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 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. Connors Vanderbilt Beach Estates Unit No. 1, located in Section 32, Township 48 South, Range 25 East, Collier County, Florida. ADVERTISED PUBLIC HEARINGS Ae This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members Petition PUDZ-02-AR- 3242, Jerry Neal of Hole Montes and Associates, representing Frank W. Cooper and F. C. Properties, requesting a rezone fi.om "A" Rural Agriculture and "A-ST" Rural Agricultural with a special treatment overlay to "PUD" Planned Unit Development to be known as the Mandalay PUD allowing for 84 residential dwelling units for property located on the north side of Rattlesnake Hammock Road (C.R. 864) and approximately one-eighth mile east of Polly Avenue in Section 16, Township 50 South, Range 26 East, 3 September 23-24, 2003 Be 0 Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2002-AR-2475, J. Gary Butler, PE, of Butler Engineering, Inc., representing Bayswater Falling Waters LLC, requesting a rezone from "E", Estates, and PUD, Falling Waters PUD, to increase acreage of the existing Falling Waters PUD from 134.04 to 161.54, change density from 6 dwelling units per acre to 4.95 per acre, and show a change in property ownership, for property located south of Davis Boulevard and west of the proposed alignment of Santa Barbara Boulevard in Section 8, Township 50 South, Range 26 East, Collier County, Florida, consisting of 161.54 +/- acres. This item requires that all participants be sworn in and ex parte disclosure be provided b,v Commission members. PUDZ-2002-AR-3495, Christopher D. Hagan, P.E., of Johnson Engineering, representing V.K. Development Corp., requesting a rezone from "PUD" to "PUD" Planned Unit Development to be known as Wentworth Estates PUD. The current PUD is known as Lely Lakes PUD and consists of residential and commercial use. The proposed PUD will consist of mixed uses for a maximum of 1,499 residential dwelling units, 85,000 square feet of commercial uses, 18-hole golf course and associated amenities. The property to be considered for this rezone is located on the southwest side of Tamiami Trail East (U. S. 41) approximately 1-1/4 mile southeast of the intersection of Tamiami Trail East and Rattlesnake Hammock Road (C.R. 864), in Sections 29, 30, 31 and 32, Township 50 South, Range 26 East and Section 5, Township 51 South, Range 26 East, Collier County, Florida, consisting of 1558.49+/- acres. This item requires that all participants be sworn in and ex partc disclosure be provided by Commission members Board of County Commissioners heard this petition on June 24, 2003 and sent item back to Collier County Planning Commission for further consideration. PUDZ- 2002-AR-3011, Dwight H. Nadeau of R. W.A., Inc., representing A.R.M. Development Corporation of S.W. Florida, Inc., requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Tuscany Cove PUD for a residential development for a maximum of 375 residential dwelling units generally located on the east side of Collier Boulevard (C.R. 951), approximately ¼ mile south of lmmokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East, consisting of 4 September 23-24, 2003 78.07 acres. Ge Ee This item is being continued indefinitely. Board of County Commissioners need to vote to continue this item indefinitely. This item requires that all participants be sworn in and ex part. disclosure be provided by Commission members Petition PUDZ-03-AR-4008, C. Laurence Kcescy, of Young, Van Assenderp, Varnadoc & Anderson, P.A. representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc, requesting a rezone from "PUD" to "PUD" (Plarmcd Unit Development) for thc purpose of revising the PUD document to relocate 170,343 square fcct of approved, but not yet constructed and uncommitted commercial use from the north commercial area to the south commercial area, reduce the approved maximum number residential dwellings by 800 units to a new maximum of 7,800 residential dwelling units for property located at the northwest quadrant of the intersection of Tamiami Trail (US-4 !) and Seagate Drive in Sections 32 and 33, Township 48 South, Range 25 East, and Sections 4, 5, 8 and 9, Township 49 South, Range 25 East Collier County, Florida. (Staff's request) This item was continued from the July 29, 2003 BCC meeting. Thi,,; item requires that all participants be sworn in and ex parte disclosure be provided by Commission members PUDZ-2003-AR-3607, William L. Hoover, AICP, of Hoover Planning & Development, Inc., representing Barton and Wendy McIntyre and Joseph Magdalener, requesting changes to the existing Nicaea Academy PUD zoning. The proposed changes to the PUD document and Master Plan will eliminate the uses of private school and assisted living facility and allow for a maximum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard just south of the Crystal Lake PUD (RV Park), in Section 26, Township 48 South, Range 26 East, Collier County, Florida. This property consists of 119+/- acres. This item has been deleted. He This item was continued from the September 9, 2003 BCC Meeting and is further continued to the October 28, 2003 BCC Meeting CU-2002- AR-2354, William Hoover, AICP, of Hoover Planning and Development, Inc., representing Pastor Roy Shuck of Faith Community Church, requesting Conditional Use 3 & 4 of"E" Estates to add a child care and pre-school to the existing Faith Community Church, located at 6455 22nd Avenue NW, 5 September 23-24, 2003 e Je further described as part of Tracts 15 and 16, Golden Gate Estates Unit 97. This item to be heard at 5:00 p.m. 9/24/03 and is a companion to Item 10 K. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members Petition by the State of Florida, by and through the Florida Department of Environmental Protection, to disclaim, renounce and vacate the County's and the Public's interest in the platted road rights of way in the Southern Golden Gate Estates, dedicated to the County by the plats of Golden Gate Estates, Units 98, 98A, 99, 99A, 100, 100A, 101 through 113, 113A, 114, 114A, 118, 119, 121,123, 123A, 124, 127, 130, 131,134, 135, 136, 137, 140 through 167, 171 and 172, (Located in Townships 50 and 51 south, Ranges 27 and 28 east) and to disclaim, renounce and vacate a 1.12 mile of road right-of-way known as Miller Boulevard Extension located in Sections 25 and 36, Township 51 south, Range 27 east, and to disclaim, renounce and vacate that portion of a road right-of-way known as Janes Scenic Drive described in Official Records Book 76, Page 394, lying northerly of the south line of the north 150 feet of the south 660 of the southwest quarter of Section 12, Township 52 south, Range 29 east. For the Board of County Commissioners to consider the adoption of an ordinance superceding and repealing Collier County Ordinance Numbers 99- 22 and 00-58, collectively known as the Collier County Ethics Ordinance. (David Weigel, County Attorney) BOARD OF COUNTY COMMISSIONERS Ae Be Ce De Item being continued to October 14~ 2003 BCC Meeting Discussion regarding FL Statute 193.703, Reduction in assessment for living quarters of parents or grandparents. (Commissioner Henning) This item to be heard after 10E. To appoint a Representative from Collier County Government to the Southwest Florida Resource Conservation & Development (SWFRC&D) Council. Approve the Annual Performance Appraisal for the County Manager. Review and approve the FY 2004 Annual Work Plan for the County Manager. 6 September 23-24, 2003 10. Ee Discussion regarding Contracting and Change Order processes. (Commissioner Henning) COUNTY MANAGER'S REPORT Ae Ce De ge Approve the award and subsequent construction contract (subject to the Florida Department of Environmental Protection Agency's final approval as necessitated by the State Revolving Fund Loan requirements) for the North County Water Reclamation Facility expansion to 24.1-million gallons per day maximum month average daily flow - solids stream, to Westra Construction Corporation, Project 739502, Bid 03-3539, in the bid amount of $8,692,500. (Jim DeLony, Public Utilities Administrator) Adopt a resolution authorizing condemnation of fee simple interests in property required for the construction of stormwater retention and treatment ponds required for the construction of six-lane improvements to Collier Boulevard (CR-951) from Golden Gate Boulevard to Immokalee Road. (Capital Improvement Element No. 37, Project No. 65061). Estimated fiscal impact: $3,250,000. (Norman Feder, Transportation Services Administrator) Award contract to construct the Santa Barbara force main, Bid 03-3534, Project 73132, 73150 and 73151 in the amount of $6,126,324. (Jim DeLony, Public Utilities Administrator) This item to be heard at 5:30 p.m. 9/23/03 Recommendation that the Board of County Commissioners review the Naples Park Community Plan survey developed by Trullinger Associates, Inc. to authorize the dissemination of the survey to Naples Park property owners for consideration and execution, to authorize the tabulation of survey results by Trullinger Associates, Inc. upon receipt of returned surveys and to authorize Trullinger Associates, Inc. to develop a report for presentation to the Board of County Commissioners. (Joseph Schmitt, Community Development Administrator) This item to be heard at 3:00 p.m.~ 9/23/03. This item was continued from the September 9~ 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 7 September 23-24, 2003 Fe SWFRC&D representative. (Joseph Schmitt, Community Development Administrator) This item has been deleted. G. This item has been deleted. 11. 12. Ho Approve Tourist Development Category "A" Beach Renourishment/Maintenance Grant applications for fiscal year 2003-2004 in the amount of $1,140,300. (Jim DeLony, Public Utilities Administrator) Proposed amendment to Resolution 2003-117 which established a fee schedule of development related review and processing fees as provided for in Division 1.10 of the Collier County Land Development Code. (Joseph K. Schmitt, Community Development Administrator) Approval of Resolution authorizing the Issuance of Capital Improvement and Refunding Half-Cent Sales Tax Revenue Bonds Series 2003 in an not to exceed amount of $51,000,000. (Mike Smykowski, Director, Office of Management and Budget) Ke This item to be heard at 5:00 p.m. 9/24/03 and is a companion to Item 8I. Approve agreement between the Board of Trustees of the Internal Improvement Trust Fund, South Florida Water Management District and Collier County contingent on the Board's approval of Florida Department of Environmental Protection's Petition to vacate certain rights of way within the Southern Golden Gate Estates and adjacent state-owned lands. PUBLIC COMMENTS ON GENERAL TOPICS COUNTY ATTORNEY'S REPORT 13. 14. OTHER CONSTITUTIONAL OFFICERS AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 8 September 23-24, 2003 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. Ae COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approve the transfer of $75,000 from the Current Planning section FY03 budget to Comprehensive Planning Section FY03 budget to restore funds previously transferred to fund the Vanderbilt Beach RT Overlay Study. 2) Approval of the Satisfaction of Liens for Code Enforcement Board Case No. 2003-013 and 2002-018. 3) 4) 5) Board of County Commissioners acting as the Community Redevelopment Agency. To approve the continued and increased funding of the Site Improvement Grant and Impact Fcc Assistance Grant programs as recommended by the Bayshore/Gateway Triangle Local Redevelopment Advisory Board; approve the attached budget amendment request for the two grant programs; authorize the County Attorney and staff to draft any necessary agreements, ordinance, resolution language, or grant application changes. Approval of new tourism initiatives with a finding that they are in the public interest by promoting tourism in Collier County and to authorize payment of all expenses related to those initiatives. Request to grant final acceptance of the roadway (public), drainage, water and sewer improvements for the final plat of"Creekside Boulevard West". 6) 7) Request to approve for recording the final plat of"Veronawalk Phase 1A", and approval of the standard form construction and maintenance agreement and approval of the amount of the performance security. Request to approve for recording the final plat of"K.A. Wallace Subdivision". 9 September 23-24, 2003 8) Request to approve for recording the final plat of"Lenamae Commerce Park". 9) Request to grant final acceptance of the roadway (public), drainage, water and sewer improvements for the final plat of"Creekside Commerce Park West - Unit Two". 10) 11) Approve an agreement between Collier County and the Economic Development Council of Collier County (EDC) for continuation of the Economic Diversification Program and provide a contribution to the EDC of up to $400,000 for fiscal year 2004. Approval of the amendment to extend the expiration date of the Tourism Agreements with Kelly Swafford and Roy (KSR) and to find that they are in the public interest by promoting tourism in Collier County and to authorize payment of all expenses related to those agreements. 13) Notification to the Board of County Commissioners regarding the submission of the 2004 Collier County Continuum of Care Homeless Challenge Grant application to the Florida State Office on Homelessness on September 9, 2003, and informing the Board that the County Manager signed the application submission on behalf of the Board due to the date of the grant deadline. This item has been deleted. 14) Authorize the Chairman to sign a $6,845 agreement (of which $3,200 will be reimbursable) with the U.S. Fish and Wildlife Service to fund wetland plantings and an educational sign in Lake Avalon. Approve and ratify a Tourism Agreement with the City of Naples for the monitoring of Doctor's Pass, Project 90537, in the amount of $10,580. Approve and ratify a Tourism Agreement with the City of Naples for T-Groin Monitoring, Project 90539, in the amount of $69,176. Board of Coun ,ty Commissioners acting as the Community Redevelopment Agency. To approve the allocation of $25,000 from 10 September 23-24, 2003 Be Fund 187 for the purchase and installation of street lights along Davis Boulevard in the Bayshore/Gateway Triangle Redevelopment District. 18) Recommendation that the Board approve offsite removal of fill not to exceed 10,000 cubic yards from the existing site known as the Marete Excavation, bounded on the east and south sides by vacant land zoned agricultural and on the north end west sides by occupied land zoned agricultural on the condition that all the fill removed must go to the Habitat for Humanity site known as Charlee Estates. TRANSPORTATION SERVICES 1) 2) Approval of Bid #03-3558, Lely Golf Estates MSTU Roadway Grounds Maintenance in the amount of $42,495.30 to Green Heron Landscapes, Inc. Board approval to terminate primary vendor, Hines Landscaping, under Contract #03-3491 - "Retention Pond Mowing" and award remainder term of the contract to secondary vendor, Southern Services. 3) 4) 5) 6) Board approval of Adopt-a-Road Program Agreements. Accept a grant of a perpetual, non-exclusive drainage easement and accept a grant of a perpetual, non-exclusive access easement to provide for access and regular maintenance by County staff to one of the canals in the Rock Creek basin. Located in Section 1, Township 50 south, Range 25 east. The Collier County Board of County Commissioners (BCC) authorizing the supplement for the Trip and Equipment Grant with the Florida Commission for the Transportation Disadvantaged (CTD). Approve developer agreement with Collier Land Development, Inc. for proportionate fair share of costs associated with the future Lely Canal Storm Water Improvements Project subject to developer complying with all conditions of the agreement imposed by the County. 11 September 23-24, 2003 7) Approve a budget amendment to shift funding from Impact Fees to Gas Tax for Goodlette Frank Road Project (60134). 8) Request Board approval of Landscape, Irrigation, and Maintenance Agreement among Collier County, Florida, William T. Higgs, and White Lake Commons Association, Inc. for the beautification of White Lake Corporate Park adjacent to White Lake Boulevard. 9) Approve a Work Order for $966,820 for the construction engineering and inspection services by KCCS for the Golden Gate Parkway Phase II Project, Livingston Road to Santa Barbara Boulevard, Project No's. 60027A and 60027B, RFP No. 00-3184. C. PUBLIC UTILITIES 1) Approval of non-disturbance agreement with Florida Power and Light Company for property located at the raw water booster station in the Tamiami wellfield. 2) Approval of a contract amendment with the South Florida Water Management District to continue participating in surface water quality monitoring of Big Cypress Basin in the amount of $300,000. 3) Approve a budget amendment transferring funds from Mandatory Trash Collection Fund (473) Reserves for payment to haulers for the residential mandatory trash collection and disposal program. Total funds needed from Reserves are $76,000. 4) Award Bid//03-3519 and approve budget amendment for the purchase of two skid steer loaders for the recycling centers to Nortrax Equipment for the total amount of $50,504. 5) Approve Work Order CDM-FT-03-02 for engineering services to add one new public water supply well to the Tamiami wellfield in the amount of $113,893, Project 70158. 6) Award a contract to Southwest Utility Systems, Inc. for construction of the Vanderbilt Beach Road reclaimed water main, Bid 03-3529, Project 74034, in the amount of $845,415. 12 September 23-24, 2003 7) 8) Approve Work Order CDM-FT-01-02 for utility engineering services related to resolving claims on the Golden Gate Wellfield Reliability Construction Contract in the amount of $36,000, Project 70066. Approve Work Order #VL-02-10 with Victor J. Latavish Architect, PA, in the amount of $89,500 for professional services associated with renovations for the Public Utilities Operations Center, Project numbers 70059 and 73072. 9) Approve amendment 1 to Work Order HM-FT-02-02-A for engineering services during construction of the Western Wastewater Interconnect, Phase II, Project 73076, in the amount of $65,480. Board approval of budget amendments recognizing positive carry forward of a $60,414 variance in the Pollution Clean-up and Restoration Fund (108) and transferring $60,414 to Water Pollution Control Fund (114). Approve a purchase order in the amount of $131,000 and the required budget amendment for Angie Brewer and Associates (ABA), Grant Advisor, for professional services involving the procurement and administration of the State Revolving Fund (SRF) loan procurement and associated tasks. Recommendation to award Bid No. 03-3532, Reinforcement of Driveways contract to Neubert Construction Services, Inc. and NR Contractors, Inc. estimated value of $900,000 from the Mandatory Trash Collection funds. 13) 14) Approval of Contract No. GC623 Amendment No. 1 with the Florida Department of Environmental Protection (FDEP) for contract administration and remediation services for the clean-up of petroleum contaminated sites throughout Collier County. Approve a budget amendment in the amount of $100,000 to fund unanticipated expenses in the North County Regional Water Treatment Plant Cost Center. Authorize the Chairman to accept the FY 03/04 Waste Tire Grant offer in the amount of $31,195 and authorize the Solid Waste Director 13 September 23-24, 2003 16) 19) 20) 22) 23) to sign the agreement. Approve staff recommendation to reject Bid No. 03-3524 for pump station 107 improvements, Project 73945. Approve annual Rate Resolution to set landfill tipping fees, recycling center fees, residential annual assessments and commercial waste collection fees for FY 2003/2004. Total fees budgeted to be collected from rates approved with this resolution are included in the FY 2003/2004 budgets for Solid Waste Disposal (Fund 470) and Mandatory Trash Collection (Fund 473). Approve a budget amendment to reallocate funds between object codes for the Goodland Water Pumping Station upgrades, project, in the amount of $70,000. Request for the Board of County Commissioners to waive the County's purchasing policy retainage release/reduction criteria by reducing retainage from 10% to 0% for a component of the South County Regional Water Treatment Plant, Project 70054. Adopt a resolution authorizing the acquisition by gift or purchase of temporary construction easements for the Santa Barbara sewer force main interconnect between the North and South Wastewater service areas, Project 73132, at a cost not to exceed $55,000. Approval of a repair/maintenance agreement with Peacock Court (Subdivision) for a wastewater force main in the County right-of-way. Board of County Commissioners approval for the purchase and installation of two replacement hoods in the Inorganic Laboratory in the amount of $22,304. Recommendation that the Board of County Commissioners transfer Capital Project appropriations from an operating account in the Mandatory Trash Collection Fund (473) and approve the creation of a Capital Projects Fund for Solid Waste Capital Projects. Transfer appropriations and expenses of $200,000 in the FY 2002-03 budget and an appropriation of $200,000 in the FY 2003/04 budget. 14 September 23-24, 2003 D. PUBLIC SERVICES 1) 2) 3) 4) 5) 6) Renewal of an agreement for joint use of facilities with St. John Neumann High School. Board approval of a successor agreement to Bid #99-3024 "Prescription Drugs for Social Services". Award of Bid #03-3565 to Florida Coast Equipment for purchase of an articulated wheel loader in the amount of $45,947.73. Approve an amendment to a limited use license agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., allowing for a New Year's Eve event and fireworks display to replace this year's cancelled Fourth of July event. Acceptance of Library Long Range Plan, including the current year action plan and technology plan, and approval of Library State Aid application. (FY04 Grant Revenue of $350,000.) Approval of agreement for fiscal year 2003-2004 funding contribution to the David Lawrence Mental Health Center, Inc. at a cost of $952,000. ge 7) Approve a budget amendment in the Emergency Medical Services Fund 490 transferring budgeted funds totaling $182,000. ADMINISTRATIVE SERVICES 1) Award Contract RFP 03-3476 for "Eminent Domain Legal Services" for Fixel, McGuire & Willis; Gray, Harris & Robinson, P.A.; and Broad and Cassel. 2) 3) Approval to purchase property, casualty and workers' compensation insurance and related services for FY 2004. Authorize staff to utilize state contract and GSA schedule 70 pricing for Communications and Information Technology hardware and software: 15 September 23-24, 2003 4) Report and ratify staff-approved administrative changes to work orders. 5) Request to approve Selection Committee ranking of firms for contract negotiations for RFP 03-3548, "Consultant Services for Developing a Land and Land Rights GIS Database." 6) Approve a budget amendment to appropriate building maintenance special service revenues totaling $60,900 for reimbursement of operating expenses in fiscal year 2003. 7) Recommendation to adopt a Resolution approving the 2004 Fiscal Year Pay and Classification Plan and providing for a general wage adjustment and merit increase. 8) Approve Amendment #2 Contract #00-3173, in the amount of $757,110 for the design of a parking deck (P2) to Spillis Candela DMJM. The parking deck will be (5) stories containing 1,130 parking spaces. F. COUNTY MANAGER 1) Recognize and appropriate Isles of Capri Fire Control District Protective Inspection Fee Revenue in the amount of $19,000 by approving the necessary budget amendment. 2) Approval of an agreement between Collier County, Florida and Dr. Marta U. Cobum, M.D., Florida District Twenty Medical Examiner DBA District Twenty Medical Examiner, Inc. to provide Medical Examiner Services for fiscal year 2004 at a cost of $780,700. 3) Approve an agreement and adopt a resolution authorizing Collier County to accept $105,806 from the Florida Department of Community Affairs for Emergency Management Program enhancement. 4) Approval of a Budget Amendment Report - BA #03-565 in the amount of $17,600 for improvements at the Immokalee Airport; and BA #03-570 in the amount of $18,000 to cover personal services for 16 September 23-24, 2003 the remainder of FY-03. G. AIRPORT AUTHORITY He Je 1) Approve a budget amendment to reallocate amounts among appropriation categories in the Airport Authority Fund (495). BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala request for approval for payment to attend Leadership Collier Kick Off in Honor of the Class of 2004. 2) Commissioner Halas' request for approval for payment to attend NAACP Freedom Fund Banquet, serving a valid public purpose. the amount of $55.00 to be held on October 25, 2003. In 3) Commissioner Henning request for approval for payment to attend the United Way of Collier County Campaign 2003 Kick-Off. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) To obtain approval for the early retirement of principal related to the Collier County Agricultural Fair and Exposition, Inc. Florida Local Government Pooled Commercial Paper Loan and the budget amendment required for payment. 2) Approve a budget amendment to recognize Wireless 911 revenues in the amount of $97,000. 3) Accept a Civil Traffic Infraction Hearing Officer Grant-in-Aid of $9,710 from the Office of the State Court Administrator and authorize Chairman to sign the amendment. 4) Approve a budget amendment transferring funds in the amount of $100,000 from General Fund Reserves to the paid in lieu of transfer 17 September 23-24, 2003 account in the General Fund. Ke 5) Request to authorize the extension of the Tax Roll before completion of the Value Adjustment Board hearings pursuant to Section 197.323, FLA. STAT., and Tax Collector's request. COUNTY ATTORNEY 1) 2) Approve the Stipulated Final Judgment relative to the acquisition of Parcel 127 in the lawsuit styled Collier County v. Elhanon Combs, et al, Golden Gate Parkway Project No. 60027. Approve the Stipulated Final Judgment relative to the fee simple acquisition of Parcel 181 in the lawsuit styled Collier County v. Big Corkscrew Island Fire District, et al., Immokalee Road Project #60018. 3) 4) Approve the Stipulated Final Judgment relative to the fee simple acquisition of Parcel 183 in the lawsuit styled Collier County v. Lazaro Herrera, et al., Immokalee Road Project #60018. This item has been deleted. 6) Approve the Stipulated Final Judgments relative to the fee taking of Parcel Nos. 195, 197, 198, 201,202, 208, 21 lA, 214 and 218 for the Immokalee Road Project (Project No. 60018). Approve the Stipulated Final Judgment relative to the fee simple interest acquisition of Parcel 185 in the lawsuit entitled Collier County v. Manuel Alvarez, et al., (Immokalee Phase 1 Project, Project No. 60018). 7) 8) Approve the Stipulated Final Judgment relative to the fee simple acquisition of Parcel 186 in the lawsuit styled Collier County v. Manual Alvarez, et al., Immokalee Road Project 360018. Recommendation that the Board of County Commissioners approve a Resolution approving the 2004 Fiscal Year Pay and Classification Plan, a general wage adjustment (COLA) and merit increase, and the Policies and Procedures Manual for the Office of the County 18 September 23-24, 2003 Attorney. 9) Continued from the September 9, 2003 BCC Agenda and i~ further continued per staff's request to the October 14, 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. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Ae This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members, PUDZ-2001-AR-955, William L. Hoover, of Hoover Planning & Development, Inc., requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development to be known as Wolf Creek PUD for a residential project for a maximum of 591 dwelling units on property located along Wolf Road, approximately ½ mile west of Collier Boulevard (C.R. 951) and 3/8 mile north of Vandcrbilt Beach Road (C.R. 862) in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of 147.69 +/- acres. 19 September 23-24, 2003 Ce De Ee Ge This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SNR-2003-AR-4052, Peter Goodin, representing Oakcs Estates Advisory, Inc., requesting a street name change from 16th Avenue Northwest to Standing Oaks Lane, which street is located in Unit 97 of thc Golden Gate Estates Subdivision, located in Section 29, Township 48 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SNR-2003-AR-4053, Peter Goodin, representing Oakes Estates Advisory, Inc., requesting a street name change from 22nd Avenue Northwest to Hidden Oaks Lane, which street is located in Unit 97 of the Golden Gate Estates Subdivision in Section 29, Township 48 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members.. SNR-2003-AR-4054, Peter Goodin, representing Oakes Estates Advisory, Inc., requesting a street name change from 20th Avenue Northwest to Spanish Oaks Lane, which street is located in Unit 97 of the Golden Gates Estates Subdivision, located in Section 29, Township 48 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members SNR-2003-AR-4055, Peter Goodin, representing Oakes Estates Advisory, Inc., requesting a street name change from 12th Avenue Northwest to Bur Oaks Lane, which street is located in Unit 96, of the Golden Gate Estates Subdivision, located in Section 32, Township 48 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members SNR-2003-AR-4056, Peter Goodin, representing Oakes Estates Advisory, Inc., requesting a street name change from 14th Avenue Northwest to Shady Oaks Lane, which street is located in Unit 96, of the Golden Gate Estates Subdivision, located in Section 32, Township 48 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SNR-2003-AR-4057, Peter Goodin, representing Oakes Estates Advisory, Inc., requesting a street name change from 18 th Avenue Northwest to Golden Oaks Lane, which street is located in Unit 97, of the Golden Gate Estates Subdivision, located 20 September 23-24, 2003 He in Section 29, Township 48 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members SNR-2003-AR-4065, Peter Goodin, representing Oakes Estates Advisory, Inc., requesting a street name change from 24th Avenue Northwest to Autumn Oaks Lane, which street is located in Unit 97 of the Golden Gate Estates Subdivision, Section 29, Township 48 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members Petition PUDZ-03-AR- 3860, Richard Yovanovich of Goodlette, Coleman & Johnson and Wayne Arnold of Q. Grady Minor and Associates, representing Gateway Shoppes, LLC, requesting a rezone from "RFS-3" residential single family and the Henderson Creek "PUD" Planned Unit Development to a new "PUD" to be known as the Artesa Pointe PUD allowing 280 residential dwelling units of which 100 percent of the units will be for affordable housing; incorporating A 37-acre site that is intended to permit commercial uses totaling 325,000 square feet of gross leasable floor area for property located on the south side of the Tamiami Trail (U.S. 41) and the east side of Collier Boulevard (CR- 951) in Section 3, Township 51 South, Range 26 East, Collier County, Florida. Je Ke This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members PUDZ-2002-AR-2944, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., and Richard Yovanovich of Goodlette, Coleman and Johnson, representing Royal Palm International Academy, requesting a rezone from "A" Rural Agricultural and "A-ST" Rural Agricultural/Special Treatment to "PUD" Planned Unit Development to be known as Royal Palm International Academy PUD for an Educational Campus and Residential Community consisting of up to 650 dwelling units for property located at 6000 Livingston Road, in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 162.7+/- acres. This item was continued from the September 9, 2003 BCC meeting: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. 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 21 September 23-24, 2003 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 comer of U.S. 41 East and Shadowlawn Drive in Section 11, Township 50 South, Range 25 East, Collier County, Florida, consisting of 1.9+/- acres. te Me This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2002-AR-3537, Nick Stewart of Stewart Mining Industries, requesting Conditional Use "1" for earthmining in the "A-MHO" Rural Agricultural - Mobile Home Overlay zoning district pursuant to Section 2.2.2.3 of the Collier County Land Development Code for property located in Sections 18 and 19, Township 46 South, Range 29 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2001-AR-956 Thomas E. Killen, representing Naples Elks Lodge 2010, requesting a rezone from PUD to PUD for thc Radio Square PUD, adding medical office as a permitted usc, amending the landscape requirements, and providing for shared parking, for property located on the southwest comer of Radio Road (CR 856) and Donna Street, in Section 1, Township 50 South, Range 25 East, collier County, Florida, consisting of approximately 9.4 acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 22 September 23-24, 2003 September 23, 2003 CHAIRMAN HENNING: Everybody take their seats. Welcome to the Board of Commissioners of Collier County, regular meeting. Today's invocation will be led by Jim Mudd. Following that, the Pledge of Allegiance will be given by these young leaders of tomorrow from International Walk to School. Would you all rise for the invocation and the pledge? MR. MUDD: Heavenly Father, we come to you today as a community thanking you for the blessings that you have so generously provided. Today we are especially thankful for the dedicated elected officials, staff and members of the public who are here to help lead this county as it makes the important decisions that will shape our community's future. We pray that you will guide and direct the decisions made here today so that your will for our county will always be done. These things we pray in your holy name, amen. CHAIRMAN HENNING: Go ahead and go up to the mike, please. Thank you. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HENNING: Thank you. Item #2A REGULAR, CONSENT AND SUMMARY AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES County manager or Mike Pettit, is there any changes or corrections to today's agenda? MR. MUDD: Mike, you get to go first. MR. PETTIT: The only change I would note, and I think the county manager was going to mention this, too, is we've moved 17L to 8L. That's actually an item where you will sit as the Board of Zoning Appeals. I think he's going to move that to seven. Page 2 September 23, 2003 The only other point I would make is there are a number of items that are being continued and you will be voting to approve those continuances. Finally, as noted, there will be two items where you will be sitting as Community Redevelopment Agency and those are consent agenda items. CHAIRMAN HENNING: Ms. Student? MS. STUDENT: Yes. I have one change. CHAIRMAN HENNING: Your name for the record? MS. STUDENT: Oh, my name is Marjorie Student, Assistant County Attorney. This involves Item 17M on the Summary Agenda, the Radio Square PUD, and I have some language to read into the record that the petitioner and staff have agreed with concerning handicap parking issues. And that language is as follows: The Elks Club may utilize existing regularly delineated parking areas for handicap parking areas over and above those required by the Americans with Disabilities Act without the need to provide corresponding additional parking spaces. Thank you. CHAIRMAN HENNING: Any other changes from the County Attorney's Office? MR. PETTIT: No. CHAIRMAN HENNING: County manager, Jim Mudd. MR. MUDD: Good morning, Mr. Chairman. The following changes will be made to the September 23rd, 2003 board of county commissioner's meeting. Withdraw Item 6A. It's a public petition request by Miss Cindy Kemp to discuss petition documents regarding the South Golden Gate Estates area. The petitioner requests to speak when Item 1 OK is discussed at 5:00 p.m., Wednesday, September 24th, 2003. Page 3 September 23, 2003 The next item. Continue Item 7A to October 14th, 2003 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. This item was continued from the September 9th, 2003 BCC meeting. This petition is CCSL 2001-5-AR 1922, Brett Moore of Hummingston and Moore Engineering representing the Vanderbilt Beach Motel requesting a variance from the coastal construction setback line CCSL to allow construction of a multistory residential building, a parking structure, two swimming pools with extensive favor decking and a wooden boardwalk connecting to a handicap beach access ramp, all of which are located on property known as Vanderbilt Beach Motel with a street address of 9225 Gulf Shore Drive North in an area generally known as Vanderbilt Beach and more particularly described as Lot 4, Block A, comer of Vanderbilt Beach Estates Unit Number 1 located in Section 32, Township 48 South, Range 25E, Collier County, Florida and that's at petitioner's request. The next item is to add Item 10L. And that's a recommendation to waive formal competition process and approve a contract with 3001, the Spatial Data Company, as a single source vendor for ground survey and LIDAR analysis survey work in the amount of $49,425 to satisfy a FEMA requirement for certification of existing LIDAR topography of Collier County. And that's at staff's request. The next item is to move Item 16A(1) to 1 ON. And that's to approve the transfer of $75,000 from the current planning section FY '03 budget to comprehensive planning section FY '03 budget to restore funds previously transferred to fund the Vanderbilt Beach RT overlay study. And that's at Commissioner Halas' request. The next item is withdraw Item 16C(6). And that's award a contract to Southwest Utility Systems, Inc. for construction of the Page 4 September 23, 2003 Vanderbilt Beach Road reclaim water main, Bid 03-3529, Project 74034, in the amount of $845,415. And that's at staff's request. That's basically a bid protest and that's why it's been removed. The next item is to move Item 16E(4) to 1 OM. And that's to report and ratify staff approved administrative changes to work orders. And that's at Commissioner Hennings' request. The item is to continue Item 16E indefinitely. This item requires that all participants be sworn and ex parte disclosure be provided to the commission members. That's SNR 2003 AR 4055. Peter Gooden representing Oaks Estates Advisory, Inc. requesting a street name change from 12th Avenue Northwest to Burr Oaks Lane, which street is located in Unit 96 of the Golden Gate Estates subdivision located in Section 32, Township 48 South, Range 26 East, Collier County, Florida. And that's at the petitioner's request. Next item is move Item 17J to 8K. This item requires that all participants be sworn in and an ex parte disclosure be provided by commission members. It's PUDZ-2002-AR-2944, D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard Yovanovich of Goodlette, Coleman and Johnson representing Royal Palm International Academy, requesting a rezone from A, rural agricultural, and A-ST, rural agricultural slash special treatment to PUD, planned unit development, to be known as the Royal Palm International Academy PUD for an educational campus and residential community consisting of up to 650 dwelling units for property located at 6000 Livingston Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 162.7 plus or minus acres. And that's at staff's request. The next item is to move Item 17L to 7B. Not 8L, 7B. There's a change to the -- to the errata sheet. Move 17L to 7B and Mr. Pettit Page 5 September 23, 2003 mentioned that in his remarks. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. This is conditional use 2002-AR-3537. Nick Stewart of Stewart Mining Industries requesting conditional use one for earth mining in the A slash MHO rural agricultural mobile home overlay zoning district pursuant to Section 2.2.2.3 of the Collier County Land Development Code for property located in Section 18 and 19, Township 46 South, Range 29 East, Collier County, Florida. And that's at Commissioners Coyle, Fiala and Halas request. The next item. This is a note item. This was an advertised item but didn't have materials that were presented. Note, this item was legally advertised to be heard at the September 23rd, 2003 BCC meeting. The petitioner is requesting that the board continue this item indefinitely and that's 80A 2003-AR-4351, Anthony P. Pires, Jr. of Woodward, Pires and Lombardo, P.A. representing Keith and Sue Orschell requesting appeal to interpretation of AR 4119 by virtue of Division 1.6 in Sections 2.7.3.5.2.2 and 5.3.2.1 and 5.3.2.2 of the Collier County Land Development Code for replacement of a mobile home in the A agricultural zoning district for property located at 6167 Atkins Avenue in Section 12, Township 49 South, Range 25 East, Collier County, Florida. And that's at petitioner's request. Note Item 10A, Page 2 of this item was submitted in error. A corrected Page 2 has been provided to the -- to the board of county commissioners. And that's at staff's request. Note for the record, Item 16A(3) and 16A(17) require that the board of county commissioners act as the Community Redevelopment Agency. Note for record. Item 16E(5), fiscal impact on the executive summary should read: Funds for these professional services are Page 6 September 23, 2003 included in the 2003 budget adopted by the board of county commissioners as part of the GIS capital project. $225,000 has been budgeted for this project. And that's at Commissioner Coyle's request. And time certain items. Item 1 OD to be heard at 5:30 p.m. this evening, 9/23/03. And that has to do with the Naples Park survey. Item 10E and 9B to be heard at 3:00 p.m. today. And that has to do with the -- with the Conservation Council. And that will be provided -- or the presentation will be provided by Mr. Wayne Daltry at three o'clock. Item 10J to be heard after Items 10E and 9B today, 9/23/03, and that item is the bond issue for $51 million. We'll have bond counsel here from Tampa in in order to present with Mr. Mike Smykowski. And, finally, Item 1 OK and 8I to be heard at 5:00 p.m. tomorrow evening, 9/24/03, and that has to do with the vacation of the South Golden Gate Estates roads for the Everglades restoration project. That's all I have, Mr. Chairman. CHAIRMAN HENNING: Okay. Thank you. Commissioner Halas, do you have any changes to today's agenda or ex parte communication on the summary agenda? COMMISSIONER HALAS: I don't have any changes to today's agenda. I -- but I do have many ex parte items starting with 7A. I have meetings and, basically, that's what it was was basically meetings. With 8A, I also have correspondence and e-mail in that regard. All this is here for public display. 8B, I had the meetings, correspondence and e-mail. 8C, had meetings, correspondence and e-mail. And 8D, meetings and e-mails in that regard. 8E, I had also had meetings, correspondence and e-mail. And, let's see where else we go from there. Then we went to 17, a summary agenda. 17A, I had meetings. Page 7 September 23, 2003 And, let's see what else we had. We've got a large agenda here today, so I'm taking --- make sure we got -- CHAIRMAN HENNING: Do you want to just state the -- COMMISSIONER HALAS: 17J and 17K, 17L, all of that, and I had either e-mails, phone calls or meetings with the -- the appropriate people. Thank you. CHAIRMAN HENNING: And Commissioner Halas, along with the other commissioners, always has ex parte communication available to anybody that would like -- COMMISSIONER HALAS: Yeah. CHAIRMAN HENNING: -- to review that in the board of commissioners' office. Commissioner Fiala? COMMISSIONER FIALA: Yes. Thank you. On 17A, I've had meetings and I have -- and I have that recorded in my file for public record. I have nothing on 17B, nor C, nor D, nor F, nor G, nor H nor I, but on 17J, Henderson Creek PUD, I have met with the petitioner and his representatives. And I have that in my file. I have on 17K the same thing is true, as well as 17L, I have met with the petitioners with the -- with the Bayshore Triangle CRA representatives individually. I've called many people on that just to determine what their feelings are before I vote. And -- and, as I say, I've met with the petitioner and his representatives a number of times. And then coming down to 17L, this was one I hadn't spoken to anybody on until I read it, and I made the calls to Clarence Tiers and to Ed Carlson because I wanted their input on that. And I have no disclosures on 17M. CHAIRMAN HENNING: Do you have any further changes to today's agenda, Commissioner-- Page 8 September 23, 2003 COMMISSIONER FIALA: No, sir -- CHAIRMAN HENNING: -- Fiala? COMMISSIONER FIALA: -- I do not. CHAIRMAN HENNING: Thank you. Commissioner Coletta? COMMISSIONER COLETTA: Yes. Thank you. On 17A, I talked to Mr. Yovanovich and the petitioner and the county manager. On 17B, I talked to the county manager, 17C with the county manager. And any e-mails that I may have received and anything is all available -- in this particular packet available to whoever would like to see it. On D, F and G, it was with the county manager. H and I also the county manager, all similar subjects all the way down through, was the name changes on the streets. On K, I received correspondence and had met with Rich Yovanovich and Mr. Arnold and the petitioner and also talked to the county manager on it. And Item -- let's see what else is left. On Item N -- M, I had no disclosures on that particular item. And I want to thank my fellow commissioners for pulling the 17L. I was planning to do it if you didn't and looking forward to the discussion on that. Other than that, I have no other changes, Mr. Chairman. CHAIRMAN HENNING: Thank you Mr. -- Commissioner Coletta. Commissioner Coyle? COMMISSIONER COYLE: Mr. Chairman, I have no further changes to the agenda with respect to the disclosures. For the summary agenda on 17A, I have met with representatives of the petitioner. On 171, I have met with the representatives of the petitioner and I Page 9 September 23, 2003 also have in my file many e-mails dating back to March of 2002 from this -- when this item was first heard. And Item 17K, I have met with representatives of the petitioner. And all that is part of the file. CHAIRMAN HENNING: My ex parte communication on the summary agenda is in my folder and anybody wishing to review that may do so by contacting the board of commissioners' office. I need a clarification on a concept item. That's Item Number 16C(19), request for the board of commissioners to waive the county's purchasing policy retainage release reduction criteria from reducing the retainage from ten percent to zero for the proponent of the South Collier County Regional Water Plan. And that's Project Number 70054. And the clarification that I need, do we have retainage moneys for this item in case the contractor fails to complete the contract as written? MR. DELONY: For the record, Jim DeLony, Public Utilities Administrator. Yes, sir, we do. We have just over $2 million in retention remaining in that contract after release of these funds. CHAIRMAN HENNING: Do you feel that that's substantial? MR. DELONY: Yes, sir, I do. CHAIRMAN HENNING: Okay. I do not want to pull this off of the consent agenda. I'll go ahead and vote in favor of it with those comments. Thank you. MR. DELONY: Yes, sir. CHAIRMAN HENNING: Entertain a motion to accept today's regular consent and summary agenda as noted by staff and the board of commissioners? COMMISSIONER COLETTA: So moved. COMMISSIONER HALAS: So moved. Page 10 September 23, 2003 COMMISSIONER FIALA: CHAIRMAN HENNING: second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? Motion carries five zero. Second. Motion by Commissioner Coletta, Aye. Page 11 AGENDA CHANGER BOARD OF COUNTY COMMISSIONERS' MEETING September 23, 2003 Withdraw Item 6A: Public petition request by Ms. Cindy Kemp to discuss petition documents regarding Southern Golden Gate Estates Area. (Petitioner requests to speak when Item 10K is discussed at 5:00 p.m., Wednesday, September 24, 2003.) Continue Item 7A to the October 14, 2003 BCC Meetin.q: This item requires that all participants be sworn in and ex parte disclosure be provided by Commissioi- members. This item was continued from the September 9, 2003 BCC Meetinq 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 multistory 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 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. Connors Vanderbilt Beach Estates Unit No. 1, located in Section 32, Township 48 South, Range 25 East, Collier County, Florida. (Petitioner's request.) Add Item 10L: Recommendation to waive formal competitive process and approve a contract with 3001 (The Spatial Data Company) as a single source vendor for ground survey and LIDAR analysis survey work in the amount of $49,425 to satisfy a FEMA requirement for certification of existing LIDAR topography of Collier County. (Staff request.) Move Item 16A1 to 10N: Approve the transfer of $75,000 from the Current Planning section FY03 budget to Comprehensive Planning Section FY03 budget to restore funds previously transferred to fund the Vanderbilt Beach RT Overlay Study. (Commissioner Halas' request.) Withdraw Item 16C6: Award a contract to Southwest Utility Systems, Inc., for construction of the Vanderbilt Beach Road reclaimed water main, Bid 03-3529, ProJect 74034, in the amount of $845,415. (Staff request.) Move Item 16E4 to 10M: Report and ratify staff-approved administrative changes to work orders. (Commissioner Henning's request.) Continue Item 17E Indefinitely: This item requires that all participants be sworn if, and ex parte disclosure be provided by Commission members. SNR-2003-AR- 4055, Peter Goodin, representing Oakes Estates Advisory, Inc., requesting a street name change from 12th Avenue Northwest to Bur Oaks Lane, which street is located in Unit 96, of the Golden Gate Estates Subdivision, located in Section 32, Township 48 South, Range 26 East, Collier County, Florida. (Petitioner's request.) Move Item 17J to 8K: This item requires that all participants be sworn in and e:: parte disclosure be provided by Commission members PUDZ-2002-AR-2944, D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A., and Richard Yovanovich of Goodlette, Coleman and Johnson, representing Royal Palm International Academy, requesting a rezone from "A" Rural Agricultural and "A- ST" Rural Agricultural/special Treatment to "PUD" Planned Unit Development to be known as Royal Palm International Academy PUD for an educational campus and residential community consisting of up to 650 dwelling units for property located at 6000 Livingston Road, in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 162.7+/. acres. (Staff request.) Move Item 17L to 8L: This item requires that all participants be sworn in and parte disclosure be provided by Commission members. CU-2002-AR-3537, Nick Stewart of Stewart Mining Industries, requesting Conditional Use "1" for earthmining in the "A-MHO" Rural Agricultural - Mobile Home Overlay zoning district pursuant to Section 2.2.2.3 of the Collier County Land Development Code for property located in Sections 18 and 19, Township 46 South, Range 29 East, Collier County, Florida. (Commissioners Coyle, Fiala and Halas' request.) NOTE: This Item was legally advertised to be heard at the September 23, 2003 BCC meetinq. The petitioner is requestin.q that the Board continue this iten indefinitely: ADA-2003-AR-4351, Anthony P. Pires Jr., of Woodward, Pires and Lombardo, PA, representing Keith and Sue Orschell, requesting an appeal to Interpretation AR-4119 by virtue of Division 1.6 and Sections 2.7.3.5.2.2., 5.3.2.1. and 5.3.2.2. of the Collier County Land Development Code (LDC), for replacement of a mobile home in the "A" Agricultural zoning district for property located at 6167 Adkins Avenue in Section 12, Township 49 South, Range 25 East, Collier County, Florida. (Petitioner request.) NOTE: Item 10A: Page 2 of this item was submitted in error. A corrected page 2 has been provided. (Staff request.) NOTE FOR THE RECORD: Items 16 (A) 3 and 16 (A) 17 require that the Board of County Commissioners act as the Community Redevelopment Agency. NOTE FOR THE RECORD: Item 16 (E) 5 Fiscal Impact on the Executive Summary should read: Funds for these professional services are included in the 2003 budget adopted by the Board of County Commissioners as part of the GIS Capital ProJect. $225,000 has been budgeted for this proJect. (Commissioner Coyle request.) Time Certain Items: Item 10D to be heard at 5:30 p.m., 9~23~03 Item 10E and 9B to be heard at 3:00 p.m., 9123103 Item 10J to be heard after Items 10E and 9B, 9~23/03 Item 10K, 81 to be heard at 5:00 p.m., 9/24~03 Item #2B, Item #2C, Item #2D September 23, 2003 MINUTES OF THE SEPTEMBER 2, 2003 SPECIAL MEETING, SEPTEMBER 4, 2003 BCC BUDGET HEARING, AND SEPTEMBER 4, 2003 PELICAN BAY BUDGET HEARING- APPROVED AS PRESENTED Entertaining a motion to accept the September 2nd, '03 special meeting, September 4th, '03 BCC budget hearing, September 4th, '03 Pelican Bay budget hearing. COMMISSIONER FIALA: So moved. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. Any opposed? Motion carries five zero. Item ~4A PROCLAMATION TO DESIGNATE OCTOBER 25, 2003 AS NAACP FREEDOM FUND DAY ACCEPTED BY LAVERNE FRANKI,IN, PRESIDENT OF THE NAACP- ADOPTED Go on to proclamation. This proclamation will be read by Commissioner Coletta. This proclamation is to designate October 25th, '03 as NAACP Freedom Fun Day. Page 12 September 23, 2003 Nobody from the NAACP is here to accept this award or this proclamation. Commissioner Coletta, would you read the proclamation? COMMISSIONER COLETTA: I would be honored. WHEREAS -- WHEREAS the National Association of the Advancement of Colored People Freedom Fun Branch, NAACP, will hold its 21st Freedom Fun Banquet and Award Ceremony on Saturday, October 25th, 2003 at the Elks Lodge; and, WHEREAS proceeds of this event will be used to assure that the economical, political, education and social equality remain strong within our community; and, WHEREAS the public is invited to attend and share in this celebration of freedom for all. Now, THEREFORE be it proclaimed by the Board of Collier County Commissioners, Collier County, Florida that October 25th, 2003 be designated as NAACP Freedom Fun Day in Collier County and urge all citizens to join me in this worthwhile celebration. Done and ordered this 23rd day of September, 2003, Tom Henning, Chairman. And, sir, I'd like to make a motion for approval. COMMISSIONER FIALA: And I second that. CHAIRMAN HENNING: A motion by Commissioner Coletta, second by Commissioner Fiala to approve the proclamation. All in favor of the motion, signify by saying aye. Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? Motion carries unanimously. Thank you, Commissioner Coletta. COMMISSIONER COLETTA: Thank you. Page 13 Item #4B September 23, 2003 PROCLAMATION TO DESIGNATE OCTOBER 8, 2003 AS COLLIER COUNTY WALK OUR CHILDREN TO SCHOOL DAY ACCEPTED BY THEADORE [,ITW1N. CHAIRMAN OF THE PAC - ADOPTED CHAIRMAN HENNING: Next proclamation will be read by Commissioner Fiala. This proclamation is to designate October 8th, 2003 as Collier County walk to school -- excuse me -- Collier County Walk Our Children to School Day. Here to accept this award is Theodore Litwin. He is the chairman of the Pathways Advisory Committee. Now, we're going to come right up in front of the dais here and Commissioner Fiala is going to read it and we want to get your picture after that, too. COMMISSIONER FIALA: Thank you, Commissioner Henning. First of all, let me say it is indeed my pleasure to be reading this particular proclamation because I've had a warm place in my heart and attended a number of meetings with the Pathways Advisory Committee. And also I'd like to note just for the record that little guy in the middle there, that's Tom Tomerlin's son. Tom Tomerlin is one of our own. So, I just wanted that on the record. Smile big, young man. WHEREAS Florida has been shown to be the state that could most benefit from improvements to the walking environment with children identified as the biggest benefactors of improved safety conditions and, WHEREAS the board of county commissioners is committed to the safe travel of children to and from school and, WHEREAS Collier County Department of Traffic Operations and Page 14 September 23, 2003 Alternative Transportation Modes has been active in efforts to increase opportunities for walking as an activity and mode of travel through it's alliance with the Pathways Advisory Committee and, WHEREAS walking to school promotes child development, teaches independence and improves local traffic and air quality and, WHEREAS escorting a child to school hand in hand is a pursuit in keeping with quality time and family values. Now, THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the day of October 8th, 2003 be designated as Collier County Walk Our Children to School Day. Done and ordered this 23rd day of September, 2003, Board of County Commissioners, Collier County, Florida, Tom Henning, Chairman. Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Coyle. Favor of the motion, signify by saying aye. Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? Motion carries unanimously. (Applause.) CHAIRMAN HENNING: Thank you. MR. LITWIN: Mr. Chairman? CHAIRMAN HENNING: Mr. Litwin. MR. LITWIN: On the -- as chairman of the Pathways Advisory Committee, I'd like to just comment and accept this proclamation for the Pathways Advisory Committee as well as the citizens of this county. Page 15 September 23, 2003 I want to explain what the purpose of the event is for the children and parents to spend time together and at the same time enjoy the benefits of walking. We've heard much about the obesity in America and it holds true with the children as well. So, walking could assist or help in that development. It will give a sense of independence to the children. It will allow the parents to identify areas in the need of sidewalks, repairs or bike paths, not to mention child bonding. I'd like to point out that the important purpose of this event is both to highlight and put eyes of our pedestrian network which will allow parents to give us feedback on places and need of improvements. There are seven schools involved in this program this year and last year there was over 2,300 children involved, not to mention all the volunteers. The date, and I remind all of us, is October 8th and I invite you, as commisSion members, perhaps, to come and join us because I hope to be there, too. And by acknowledging these young people and inviting them here today, I ask all of you to say thank you to them. (Applause.) MR. MUDD: Sir, what's that brand new bike doing right there? Can we-- COMMISSIONER FIALA: They can't walk with that bike, can they, or maybe they walk it to school? MR. LITWIN: Well, they'll have to push it that day. Samantha, would you come and join me and we'll accept this proclamation. Will you hold that for her? COMMISSIONER FIALA: There you go. Thank you very much. Let me shake your hand, Samantha. Thank you, Ted. Thank you for all your hard work. MS. FLAGG: Commissioners, Diane Flagg for the record. To answer the question, there will be a new bike provided to each Page 16 September 23, 2003 of the schools. Their names will be drawn. So, the children will receive not only snacks as part of the event following their walking, but one child at each school will receive a brand new bike. All of these have been donated by members of our community. CHAIRMAN HENNING: Thank you, Miss Flagg. MS. FLAGG: Thank you. Item #4C PROCLAMATION TO RECOGNIZE AND CELEBRATE THE PARKS AND RECREATION DEPARTMENT AND ITS STAFF FOR RECEIVING THE 2003 AGENCY EXCELLENCE AWARD IN CATEGORY I ACCEPTED BY MARLA RAMSEY, DIRECTOR OF COLLIER COUNTY PARKS AND RECREATION DFJPARTMF. NT- ADOPTED CHAIRMAN HENNING: The next proclamation will be read by Commissioner Coyle. The proclamation is to recognize and celebrate the Parks and Rec Department and its staff for receiving the 2003 Agency Excellence Award in Category 1. To accept this is Marla Ramsey, Director of Parks and Rec and her staff. Miss Ramsey? COMMISSIONER COYLE: WHEREAS the Florida Recreation and Parks Association bestows the Agency Excellence Award to recognize and honor the state's most outstanding community parks, recreation and leisure services agencies for excellence in Parks, Recreation and Leisure Services Management. And, WHEREAS Collier County Parks and Recreation Department is the recipient of the 2003 Agency Excellence Award in Category 1 for cities or counties serving populations over 150,000. And, WHEREAS receipt of the award indicates that Collier County Page 17 September 23, 2003 Parks and Recreations Department has demonstrated excellence in park development and acquisition, recreation planning programming which meets the Americans with Disabilities Act, aquatic programming, athletic programming, administration and management, leisure and cultural arts, cultural diversity, fitness and wellness activities, promotion of programs and the benefits to the community, long and short-range planning and partnerships with community organizations. Now, THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that recognition and celebration is extended to the Parks and Recreation Department and its staff for this achievement. Done and ordered this 23rd day of September, 2003, Board of County Commissioners, Collier County, Florida, Tom Henning, Chairman. And I believe that Ms. Barbara Manzo will present an award to our Parks Department. MS. MANZO: That's correct. Good morning, commissioners. For the record, I'm Barbara Manzo, and as the past president of the Florida Recreation and Parks Association, I have the honor of sitting on the Awards Selection Committee every year and it's with great pressure I'm be able -- I'm able to be here today to present the beautiful plaque that was presented to Marla and the staff at the Florida Recreation and Parks Association Annual Conference last month up at Innisbrook. As you mentioned, this is the most prestigious award for an agency that Florida has and we are very, very proud that Collier County has received it this year under the direction ofMarla Ramsey. Your department has shown tremendous leadership. They are also in the process of self-assessment for the national accreditation process. And we're very proud in Florida because out of the 41 agencies nationally that are accredited, Florida currently has Page 18 September 23, 2003 nine of those agencies and, hopefully, soon to be ten. So, I'm here to present this beautiful plaque to you and thank you very much for your support to the department and their wonderful achievements. CHAIRMAN HENNING: Thank you. COMMISSIONER COYLE: Mr. Chairman-- Mr. Chairman, could I make a motion that we approve this proclamation? COMMISSIONER HALAS: I second. COMMISSIONER FIALA: And I'll second that. CHAIRMAN HENNING: Motion by Commissioner Coyle, second by Commissioner Halas. All in favor of the motion, signify by saying aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? Motion carries five zero. We want to get your picture, sir. Turn around. (Applause.) Item #5A AMY TOZIER, CASE MANAGER, HUMAN SERVICES DEPARTMENT AS EMPLOYEE OF THE MONTH FOR SEPTF, MlqER 2003-RF, COGNIZF, D CHAIRMAN HENNING: Commissioners, every month is an honor for the chairman to recognize an outstanding employee. Today is no exception. Today we have Amy Tozier from Human Resources to accept the employee of the month. Amy, would you please join us up here? Amy started her employment with Collier County Government in the year 2000 and has demonstrated a significant innovative in Page 19 September 23, 2003 working with both her colleagues and within Collier County and within the community. In February 2003, she worked with the Health Department and the David Lawrence Center to establish a Get Help clinic for those area homelessness. This planning provides such needed medical and social services for these individuals who live within our area but are unable to afford housing. Amy has been working closely with social -- or service for senior staff to initiate and complete the process of manning the entire assessment process for the services for senior clients. In order to accomplish this, Amy invested the successful computerized program in other counties that extrapolated these from other counties their information for the use of-- in our program. Amy has worked with her own time and after hours to fine tune the computerized-- of the requirement of forms and data gathering instruments. She's worked with Collier County's Information Technology Department that's successful of automating this by researching a data base. Amy's work has been instrumental in allowing the case manager to be less involved with paperwork and more involved with the attention of the needs of Collier County systems population. She has demonstrated an exemplary customer service throughout her short tenure in Collier County Government. Amy has intervened in some of the extreme challenges, situations that required her to work above and beyond her expectation respons ib iliti es. Customer satisfaction surveys have been constantly -- indicated that -- from her clients find her not only to be kind and a caring person but also a communication professional. Amy, I want to, first of all, give you a small token of our appreciation by the board of commissioners. We also want to Page 20 September 23, 2003 recognize you with this plaque as a citizen or an employee of the month and a small note from myself. Thank you. We want to get a picture, too. (Applause.) Item #7B RESOLUTION 2003-332 FOR PETITION CU-2002-AR-3537, NICK STEWART OF STEWART MINING INDUSTRIES, REQUESTING CONDITIONAL USE "1" FOR EARTHMINING IN THE "A-MHO" RURAL AGRICULTURAL - MOBILE HOME OVERLAY ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 18 AND 19, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FI.ORIDA - ADOPTF. D W/STIPIIIJATIONS CHAIRMAN HENNING: For the people with us here today, if you have any cell phones or beepers, I would appreciate it if you would turn those off or put them in vibrate -- in a vibrator mode. The first item is -- or the next item, I should say, is 8A. MR. MUDD: No. It's 7B, which used to be 17L -- CHAIRMAN HENNING: Okay. MR. MUDD: -- and that is -- this item requires that all participants be sworn and ex parte disclosure be provided by commission members. This is conditional use 2002-Ar-3537, Nick Stewart of Stewart Mining Industries requesting Conditional Use 1 for earth mining in the A-MHO Rural Agricultural dash Mobile Home Overlay Zoning District pursuant to Section 2.2.2.3 of the Collier County Land Development Code for the property located in Section 18 and 19, Township 46 South, Range 29 East, Collier County, Florida. And this item was -- was moved to the regular agenda by Page 21 September 23, 2003 Commissioners Coyle, Fiala, Halas. CHAIRMAN HENNING: Anybody wishing to participate in the discussion of this item, would you please rise, raise your right hand so the court reporter can swear you in. THE COURT REPORTER: Do you solemnly swear or affirm that the testimony you are about to give in this cause will be the truth, the whole truth and nothing but the truth? (The witnesses responded in the affirmative.) CHAIRMAN HENNING: Sue, do we have any public speakers on the item? MS. FILSON: No, sir. CHAIRMAN HENNING: Okay. Would the petitioner please come forward? MS. FILSON: Oh, I'm sorry. We do have two. CHAIRMAN HENNING: And those have to be sworn in, so anybody who signed up for this item needs to rise now and be sworn in if you haven't been sworn in. MS. FILSON: That was -- CHAIRMAN HENNING: Thank you. MS. FILSON: -- 8M. I'm sorry. CHAIRMAN HENNING: Okay. Thanks for being here with us today. Mr. Davidson, are you it? MR. DAVIDSON: Yes, sir. CHAIRMAN HENNING: Come on up. MR. DAVIDSON: I'm Jeff Davidson with Davidson Engineering. And we have a little over 200-acre excavation project, which is northwest of-- of the community of Immokalee and it's about -- about two miles north of Immokalee, if you go about a mile west on State Road 82 and then about a mile south on an existing haul road to an existing citrus grove. And I know one of the issues on this project has been the depth and Page 22 September 23, 2003 we've done an extensive study. We've had experts here for the EAC and we've also had experts here for the planning commission. If you have any questions, we'd like to answer those. CHAIRMAN HENNING: Question by the board members? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Commission Fiala. COMMISSIONER FIALA: Thank you. I have many questions. Yes, depth is truly a concern. The reason I pulled it is I -- I'm very concerned with our future water supply. In here you have a letter from the University of Florida that says, as long as the depth of excavation does not penetrate the lower confining layer of the surficial aquifer, the depth of excavation should have a minimal impact on groundwater quality. And it says, as long as it does not penetrate. What assurances do we have that it is not going to? MR. DAVIDSON: We did extensive test borings in that area and we've had experts examine those test borings and, in fact, Stan Chrzanowski has looked at those -- those test borings. In fact, he's here now, and thank God Stan's here. (Laughter.) And what we've determined, the confining layer is about a hundred feet down from the -- the surface, the ground surface, and that we're not penetrating and not causing any adverse impact to the groundwater in that area. COMMISSIONER FIALA: Stan, how -- what assurances do we have -- oh, you have to be sworn in? MR. CHRZANOWSKI: Good morning. Stan Chrzanowski, Development and Review. THE COURT REPORTER: Do you solemnly swear or affirm that the testimony you are about to give in this cause is the truth, the whole truth and nothing but the truth? Page 23 September 23, 2003 MR. CHRZANOWSKI: Yes, ma'am, I do. COMMISSIONER FIALA: So, from what I understand, because of this hundred feet down, this ground cover, that you cannot penetrate the surficial aquifer. Is that what you're saying? MR. CHRZANOWSKI: That's right. If-- if-- one second. They told me to bring everything on disk, but that drawing was a little too large by the time they printed it out or by the time they printed it to put it on a disk. CHAIRMAN HENNING: Sir, you'll have to get on the mike so everybody can hear you. MR. CHRZANOWSKI: Yes, sir. Sorry. If-- if you look up here, this is a -- a topography of Collier County. Not the LIDAR topography. This is done from the USGS data base. And this right here, I don't know whether they can blow this up on the -- on the visualizer, on the screen. This is the City of Immokalee. The elevations start at sea level here and go up slowly as you go across the county. This is Route 29 and that's Route 92. And your excavation that you're looking at is right in here right at the high point of the county. It seems to be not exactly an anomaly but a very deep sand layer. We have excavations here with the bottom elevation as deep as that bottom elevation there, the -- what they call an aqui-clue to an aqui-tard. It sits between the aquifers. It stops the -- one aquifer from mixing with another aquifer. Apparently in this area is about a hundred feet down. We had -- the Environmental Advisory Council had some questions about this. They sent it back for a month. We came back -- not we. The petitioner came back. Well, actually, we had contacted Game and Freshwater Fish, the Bureau of Mines. They sent us an expert down. The petitioner came up with a couple of his experts from a couple different colleges. And everybody that looked at this thing said there was no problem. Page 24 September 23, 2003 Our staff, National Resources, has looked at the soil borings and they said there's no problem. I believe there's no problem. COMMISSIONER FIALA: Okay. The reason I ask this question, I -- I did make some phone calls after reading this in the summary agenda and -- and in it, it noted that Ed Carlson had opposed it originally and then he -- he felt that it was approved and so I wanted to ask him why. I -- I'm just mainly -- and then I -- I talked with Clarence Tears as well from the Big Cypress Basin. I just want to make sure that we protect our future water sources, and if you assure me that this -- this layer of rock or whatever it is is going to protect any intrusion into our freshwater sources, then I want to know how you're going monitor that to -- to make sure that it never does. MR. STEWART: Good morning, commissioners. My name is Nick Stewart. I'm the president of Stewart Mining. Basically, this is a very specialized sand deposit that is running from about 15 feet in the ground all the way down to a hundred where we encountered the limestone. It's a very coarse silica sand deposit. It's an ancient deposit that was formed by the Peace River. That's why there's no confining layers in it. The material we're producing for this will be used for concrete for golf courses, trap sand, et cetera, and we cannot have any calcareous or any limestone type material within the sand. That's why the -- the confining layer over the lime rock top is at a hundred feet and we're going to limit our mining to 80 feet. It's very important that we don't intermix the two. We're going to be using also sand suction-type dredges that wouldn't be capable of penetrating into a limestone strata down below. We would be just pulling the sand strata. CHAIRMAN HENNING: Any further questions, Commissioner Fiala? Page 25 September 23, 2003 COMMISSIONER FIALA: No. Thank you. CHAIRMAN HENNING: Commissioner Halas and then Commissioner Coyle. COMMISSIONER HALAS: Yes. You said you did test boring down to a hundred feet. Was there any test borings beyond that? What I'm concerned about, if there's any voids after a hundred feet whereby we could -- with the weight of the water and everything else, that it would cause a fracture in that confining layer. MR. CHRZANOWSKI: Actually the water has less weight than the sand filled or the water filled sand that would be above it. Sand weighs about 120, 130 pounds a cubic foot. And you -- 30 percent voids, you throw 62.4 pounds a cube foot of water in there, it throws it up maybe to 150. And the water, when this is over, will weigh 62.4 pounds a cubic foot, which is less weight than was on there to begin with. So, there won't be any pressure from the added water. COMMISSIONER HALAS: Did you -- was there any detection of any voids below a hundred feet? MR. STEWART: We weren't interested in the limestone down below, only where the sand stopped at and we did not penetrate into the limestone. We went down to the surface. That ranged anywhere from a hundred to a hundred five. The type of drilling we were doing would not penetrate into the -- into the limestone layer, nor were we interested in doing it. COMMISSIONER HALAS: I've got one other question. Then you do have some affidavits from any geologists that indicate that we shouldn't have a problem if we continue this mining operation. MR. STEWART: Yes, we do, and those should be in a packet that was provided to the county that was brought up at the EAC meeting. We had geologists that were onboard as consultants that also wrote -- wrote a paper on it. COMMISSIONER HALAS: Thank you. Page 26 September 23, 2003 MR. STEWART: Thankyou. CHAIRMAN HENNING: Commissioner Coyle, then Commissioner Coletta. COMMISSIONER COYLE: You made a statement you would be mining to 80 feet. Our executive summary says 85. And my -- my problem is the margin of error. If the confining layer is at a hundred feet and we're mining to 85, 15 feet isn't really great but I appreciate the fact that the mining method is not one which should break through the limestone. But are we going to do this at 80 feet or 85 feet or can we get it to 75 feet? MR. STEWART: The -- one of the reasons for the depth was that we encountered this material and we're -- again, we're looking for very coarse deposit. This material will be also sent then through a processing plant where it's segregated through specific gravity to create these DOT type materials that are involved in it. Through this processing, all materials mn across the screen deck and through a processing plant that's being monitored. Any time if we were to hit something that was calcareous, it would immediately show up on our screen decks and this confining layer would have to be -- again, we did not drill through it. I don't know -- where an interest in the limestone down below and whether it was faulty, you know, or not, my -- my -- from past experience, I wouldn't think that it would have voids in it down at that depth, but I'm certainly not sure of that. We would be mining the sand, sand piles that we're developing by putting any type of calcareous material in it. The -- again the dredges that can go to that depth are not going to be cutter heads on them. There will be just sand suction and they'll be using jets to basically have the material cave in to the suction of the dredge. And there's -- there's really -- it would plug up the dredge by Page 27 September 23, 2003 having any calcareous or limestone type problems. COMMISSIONER COYLE: Could we use the 80 -- 80 feet that you -- you specified as the depth rather than the 85 that's in our -- our MR. STEWART: Well, what I was going to say was that the material starts at 15 and one of the reasons for the depth was, is that the deeper we go, the greater the portion of the material was. And-- and in order to -- before it became feasible for us for this type of operation, these -- this material was sampled and then analyzed. In order to make DOT products we were having to -- to get that depth. Now, if we excavate down to 80, 85 feet, typically it may settle out, you know, to an 80 or even 75-foot layer of depth that's in there. COMMISSIONER COYLE: Okay. The final question is what remedy do we have if we find that there is pollution or disturbance of our aquifer as a result of the mining operation? MR. STEWART: Well, we are controlled by the Florida Department of Environmental Protection and the Bureau of Mines reclamation. We're going to seek a -- a -- and hopefully upon approval of-- of this permit, we will be obtaining an environmental resource permit. The state also takes into account anything that we're doing to damage water from surface waters to groundwaters. We're required with them, if they feel that we're going to do something that could cause harm, they'll add that into the program of this ERP, that is a continual monitoring on an annual basis of our -- our mining excavation. This is not -- in these type of deposits, this is not something that is not being done in the State of Florida. The mines in Lake Wales, perhaps all of you all have seen along 60 that have the real pretty green water in them. We did a sample and -- and provided some analysis on those lakes Page 28 September 23, 2003 as a comparative to what we were doing because it's basically the same stratum of material. And those -- those lakes were at 85 and 90 feet. And -- and the state, you know, came in and -- and said that they have not had any problem through the years, which are all monitored under the DEP, these type of mines. Anytime that yOu process sand material, we then become under the Bureau of Mines reclamation, and so they're monitoring this. And throughout history, they've never had these type of problems or they would specifically monitor them through the program. COMMISSIONER COYLE: How -- how does one recover if there is pollution intrusion into the aquifers as a result of the mining operation? What do you do about it? MR. CHRZANOWSKI: A few things you have to remember. The representative we had here from the Department of Mines was from the Department of Environmental Protection, Bureau of Mines. He didn't seem that concerned about it. Pollution has to come from somewhere. The type of-- this site, I believe, we're putting a berm with some kind of impervious barrier in it because the site is surrounded by citrus groves. Now, they use pesticides. I -- I saw something in the -- and-- and herbicides. There was something in the paper about arsenic. But the berm should stop any of these pollutants from coming into this site. The only thing you have to remember is these -- these citrus groves are located on the same type of sand, so whether the -- whether the rain washes the pollutant down into the sand or into the water, it's still going to enter without aquiflute (sic) or an aquitard (sic), it's still going to enter the surficial aquifer. These pollutants should not get into the bottom aquifer. The only pollutants I could see possibly coming from this operation is if this -- this machinery probably works off gasoline or diesel or -- MR. STEWART: Gasoline. Page 29 September 23, 2003 MR. CHRZANOWSKI: All the components of that float, they bob to the surface. Probably be handled that way. The source of pollution, I don't know where it would come from, but if the machinery did malfunction in a bad way, I think the first thing they'd do is they'd be out there with the skimming equipment and everything taking it out. We're not talking heavy metals, no pesticides or herbicides, nothing like that. MR. STEWART: We also had a -- there was a part of the -- the packet, a Dr. Bowman at the University of Florida wrote a -- a paper on the citrus groves and -- and what impacts that it could have through pesticides and stuff going into a lake body and that -- that available -- that information should be available to you all. And he had specific reasons that it couldn't harm the -- the water body from the herbicides and things. And we are required to put this berm up, which would be surface waters, you know, coming into it. Also it would have to leach through the top 15 feet and I don't believe it would just run into the lake. It would have to leach down and then come into the lake where it would hit a small water table up top. It should withhold it at four or five feet. CHAIRMAN HENNING: Commissioner Coletta. COMMISSIONER COLETTA: Thank you. My concern is over the transportation element and I'd like to ask Mr. Feder if he would be able to come up front or whoever he thinks would be -- Mr. Scott, Dan Scott? I -- I tell you what my concern is. The reason that this is a high area, that's the reason why Immokalee located there. And there will be a detriment as far as Immokalee goes with the transportation element coming through town, two-lane highway, which will remain two lane for a little while to come. Meanwhile, this project is going to run over a period of 30 years. I'll be 90 years old when this thing finishes. Probably still a commissioner, too. Page 30 September 23, 2003 Don't shake your head no, Fred. My -- my question is, is there some way we can recapture some of this loss maybe with some interconnectivity that might be able to interconnect with Lake Trafford Road or something else with a right-of-way that might be able to enable us to offset or mitigate the traffic impact we're going to have because of this project and the long repercussions. By the time this project reaches completion, the town of Immokalee would have been built up all around it. I can tell you that for a fact. It's a good project. And though I don't -- I'm not concerned that much about the water quality because I -- I know as long as they don't go below the confining layer, there won't be a problem. But I'd like to hear what the possibilities would be for interconnectivity, something that we can do to mitigate the traffic impact. MR. SCOTT: There's a possibility to get -- THE COURT REPORTER: Sir, could you identify yourself for the record, please? MR. SCOTT: Don Scott, Transportation and Planning. Sorry. The possibility would be to get to Westclox which is the closest. It's probably about a mile and a half, two miles south of this site for interconnectivity from Westclox up to State Road 82. So, what we'd be looking for is to be able to have some reserve right-of-way on that edge of their property, not necessarily at the beginning stages, but as we move forward where we could look at it, interconnection in that -- in that area. CHAIRMAN HENNING: Any further questions? COMMISSIONER COLETTA: I'm waiting to hear the reply of-- CHAIRMAN HENNING: We may have. MR. STEWART: Most of the -- the truck traffic through, as far as the mining operation itself goes, a little -- there will be some that goes Page 31 September 23, 2003 into Immokalee, but most of it is going to be going down 82 to 75 serving Naples, serving Fort Myers. And this is a commercial type product. It will be delivered as -- as unlike a residential build product. It will be delivered to the concrete plants and the block plants. And they're basically going to want to go to 75 and then travel from that. As Immokalee builds, there would certainly need to be sand provided into there and there will be some initially, but most of our traffic will run 82. COMMISSIONER COLETTA: So, you don't think it will be necessary for your company to donate the right-of-way for us to be able to sometime in the future build this road? MR. STEWART: We don't have any problem with donating the right-of-way on our west line for -- for future if you want a connection on the 30 feet. COMMISSIONER COLETTA: I want to be sure I don't miss anything on that. Mr. Scott, if you'd be so kind as to make sure that I get everything in the record so that we don't have a misunderstanding five years from now or ten years from now, now what the intent of this meeting was all about. MR. SCOTT: A hundred foot of reserved right-of-way on the east side of this property. CHAIRMAN HENNING: We want to make that as far as a motion and-- yeah. COMMISSIONER COLETTA: Yeah, I'll make that a motion and include this in the motion. CHAIRMAN HENNING: We have some public speakers. COMMISSIONER COLETTA: Forgive me. I didn't mean to jump the gun on it, Commissioner Henning. COMMISSIONER FIALA: I'll second that motion. CHAIRMAN HENNING: No, we'll -- we're not going to take -- Page 32 September 23, 2003 I'm not going to accept the motion. COMMISSIONER COLETTA: We've got to -- COMMISSIONER FIALA: Oh, okay. COMMISSIONER COLETTA: -- close the public hearing. CHAIRMAN HENNING: Commissioner Fiala and then Commissioner Halas. COMMISSIONER FIALA: Okay. Mr. Davidson, may I just ask one more question? So, who will be responsible to regularly monitor and guarantee that this excavation does not penetrate the surficial aquifer? I mean you guys have made me very comfortable with what you've said, but I want to know who's going to monitor it to make sure that what you've said actually is -- holds true. Who will do the monitoring? MR. STEWART: Short of the state doing it and -- and I doubt they're going to go up there and sound -- you know, we can certainly make available that the mining operation would be open to the county. Anyone that wanted to come out there from the county can look at our -- all above of our screen deck and -- and -- and show that it's not -- we're not penetrating a calcareous layer or a rock layer. Short of that, I -- I don't know how to -- you know, unless the county is going to assure themselves through us allowing them to go out there, I don't know how that we can prove that to you. COMMISSIONER FIALA: Stan, did you have -- did you have something to say on that? I -- I noticed you moving up there. MR. CHRZANOWSKI: Yes, ma'am. We have .them file yearly reports. Every third year is -- is actually a cross-section of the lake, the previous -- the two years in between it's just an aerial photo with the limits of what was done and rough guess of the depth. I suppose we could have them do a cross-section or some soundings every year. I -- you know, 30 years worth of excavation, I don't think in any -- you know, when they're getting close, at least we Page 33 September 23, 2003 know about it. COMMISSIONER FIALA: Yeah. I would like -- just like to make -- MR. CHRZANOWSKI: They're not going to be down there the first year. COMMISSIONER FIALA: -- sure that that safety feature is in place just so that we know -- I mean, long after we're gone we know that we have protected the water sources for our furore generations. MR. CHRZANOWSKI: If he stays short of the hundred foot, he shouldn't penetrate the aquifer; the aquitard, the aquiflute. COMMISSIONER FIALA: Well, could you put something in place just to know that the county does something to monitor that, just in case in this 203-acre lake it isn't short, you know, the depth isn't short. MR. CHRZANOWSKI: In three weeks you'll see the executive summary come through here for the excavation permit itself on consent agenda, October 14th, and I will put a condition in there that Jeff and I will come up with as to some type of program. Not water monitoring because you just want to know if there's any chance that we're going to penetrate the confining layer. COMMISSIONER FIALA: Exactly, right. MR. CHRZANOWSKI: We can do that. COMMISSIONER FIALA: Thank you. CHAIRMAN HENNING: Commissioner Halas, Commissioner Coletta and Commissioner Coyle. COMMISSIONER HALAS: Now that -- now that we've got the issues taken care of down below, what about the surface of the lake and around the perimeter of the land? What are you going to -- what measures are you going to put in place in regards to protecting the rest of the environment around that whole area and also, as we have the encroachment of people in there, how are you going to take care of that issue as far as noise and any other type of problems that we may Page 34 September 23, 2003 have here? MR. STEWART: The -- there is going to be a berm that is going around the property. You were asking about surface water coming into the lake. We're required by, I'm sure, Collier County as well as the state of having a four-to-one slope on the -- the lake coming up that would extend them four feet down into the -- the water would be the sloping requirement for the lake. We're not doing any type of dewatering activity at the mine site. We're going to be required by DEP to put some type of transitional littoral shelves, you know, back in the -- the lake under the BMR's requirements for some. The land is currently a citrus grove. It has a landscaping nursery on one side of it. State property borders it and the comer basically citrus surrounds it at this point. Yes, in the future, I'm -- I'm sure that one of those parcels could lend itself to some type of role of development, you know, being out there. The mining operation could be an attractive nuisance for someone wanting to -- to go swim or something, and I think at that time we would have to protect ourselves and the liability of it by fencing the property. COMMISSIONER HALAS: Okay. And how high is the berm going to be? MR. STEWART: The berm, I think, is only set for three foot, but it's going to be maintained throughout the -- the life of the mine. COMMISSIONER HALAS: You said three foot? MR. CHRZANOWSKI: Yes, sir. COMMISSIONER HALAS: Is there a possibility that that berm could be raised to six foot? MR. STEWART: Would we put a six-foot berm around the -- COMMISSIONER HALAS: That's correct, sir. Page 35 September 23, 2003 MR. STEWART: -- the whole mine? Jeff suggested if they develop any property adjacent to us we could put some -- you know, a berm up or, you know, noise protection, you know, at that point, which could be written under a permit also. COMMISSIONER HALAS: Noise protection and also site. CHAIRMAN HENNING: I think Commissioner Halas is concerned about a hundred-year flood. COMMISSIONER HALAS: Yes. CHAIRMAN HENNING: You know, is that three-foot berm going to be substantial for that event? Am I correct, Commissioner-- COMMISSIONER HALAS: That's correct. CHAIRMAN HENNING: -- Halas? MR. DAVIDSON: What we'll do here is do an engineering computer model that shows what the elevation of that berm would be. And, typically, in that area it's lower than most places because the area is so high and the water table is relatively low. So, three feet is probably more than enough to handle the hundred year three-day storm event. That's why it's three feet. MR. STEWART: The natural water table is down at five or six feet, which would be the natural depth of the -- or the top of the water body, and then there's going to be six feet of-- of dry land and then there will be a berm on top of that. So, it's creating actually a -- a reservoir to -- for water. A hundred-year flood of that wouldn't affect it or cause it to come up out of its lake. MR. CHRZANOWSKI: If I may, a hundred year storm drops a little in excess of 15 inches of rain and that area -- the topography I had up there before, you see that that's the high spot. Everything is flowing away from there. If we get 15 inches of rain, I don't think it's going to accumulate at that site. The three-foot berm should be sufficient. Page 36 September 23, 2003 And I think putting a stipulation in the executive summary for the excavation permit, that when any other project comes in here, they'll have. to come in for a rezone next to this project. At that time we add a higher berm in that location. COMMISSIONER HALAS: I think we ought to put that into the record as -- as of right now that we want to make sure that that berm, if there is any people that are moving into that area, that that berm automatically goes to six feet in that particular area. MR. CHRZANOWSKI: Yes, sir. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Good call, Commissioner Halas. Right now they got -- the only neighbors they got are orange trees, some crops and that's about it, but eventually they will, you're right. Two questions, if I may. First, we never finished the conversation on the road donation for the right-of-way. Could you elaborate on that and give us the correct language so that we don't close the public hearing and then I have to ask somebody to come back? MR. SCOTT: 50 feet actually on the east side. With the easement, that will be 110 feet along the east side of their property and that will be dedicated to the county. COMMISSIONER COLETTA: Is there anything missing from that, Mr. Scott? Is that complete enough? MR. SCOTT: Yes, that's -- that's complete. COMMISSIONER COLETTA: Then the other question I've got is what about future rights to access to the water for a public water source? Is there any possibility on that? MR. STEWART: The -- we're bound by EMSHA, which is a counterpart of the Department of Labor. And we have a very strict safety ordinance that we have to here through -- adhere to by the federal government. Page 37 September 23, 2003 And we have to put our people through training. We're not allowed to have people on site out there being escorted by, you know, a mine employee being on site. So, during that period of time of the -- you know, the excavation is going on, short of having a field day or, you know, asking people to come out and some type of, you know, participation or taking kids fishing for, you know, after two or three years of the excavation going on, those types of things could be done but not as a public -- COMMISSIONER COLETTA: Right. MR. STEWART: -- you know. COMMISSIONER COLETTA: Is there -- is there a possibility, and I may be out of line here, but I'm going to ask the question, that we might have it at the end of the excavation period, 30 years from now, that the county would have some sort of rights as far as this water source? MR. STEWART: At this time we don't know what we're going to do with the property. If-- if the feasibility of mining changes in the future, we may end up with a lot more land there than we, you know, would anticipate and it would be hard for us to commit, you know, to something that is going to be 30 years in the future with all the changes. Also, if-- you know, if things change where we're prohibited from mining that we're going to have to, you know, pack our -- COMMISSIONER COLETTA: I understand, sir. I thank you for the donated right-of-way. CHAIRMAN HENNING: Okay. Commissioner Coyle? COMMISSIONER COYLE: I don't have any other questions. CHAIRMAN HENNING: Let's go to public speakers. Miss Filson, would you please call up the first-- COMMISSIONER FIALA: Mr. Chairman -- CHAIRMAN HENNING: -- public speakers after Don Scott? MR. SCOTT: To clarify, the dedicated at no cost to the county and Page 38 September 23, 2003 consistent with -- with other similar land development code regulations for donations. MS. FILSON: The two speakers I had registered for seven were actually for eight. CHAIRMAN HENN1NG: Okay. MS. FILSON: So, I changed them to eight. CHAIRMAN HENNING: Thanks for the clarification. Okay. Any other questions, commissioners? COMMISSIONER COLETTA: No, but if you could ask everyone to speak directly into the mike, I'd appreciate it. CHAIRMAN HENNING: Okay. Everybody speak directly into the mike. COMMISSIONER COLETTA: Thank you. CHAIRMAN HENNING: I'll close the public hearing. COMMISSIONER COLETTA: Commissioner Henning, that was very good. CHAIRMAN HENNING: Entertain a motion? COMMISSIONER COLETTA: Motion to approve with the stipulation on the roads as mentioned by Mr. Scott as far as the donated at no cost to the county the right-of-way and the berm, the language that Mr. Scott just got through using so everything would be absolutely correct. Would you repeat it again, Mr. Scott, and we'll make it a part of the motion? MR. SCOTT: Consistent with other donations in the Land Development Code. COMMISSIONER COLETTA: Okay. Thank you. CHAIRMAN HENNING: Okay. There's a motion by Commissioner Coletta. Is there a second? COMMISSIONER FIALA: I'll second it. CHAIRMAN HENNING: Second by Commissioner Coyle, I guess. Page 39 September 23, 2003 MR. REISCHL: Excuse me, Mr. Chairman, before you vote. Fred Reischl. Did you also want to include this six-foot berm language in that? COMMISSIONER COLETTA: Yes. MR. REISCHL: Adjacent to residential. CHAIRMAN HENNING: Adjacent to the residential? COMMISSIONER COYLE: Yes. CHAIRMAN HENNING: Definitely. COMMISSIONER COLETTA: I make that part of my motion. CHAIRMAN HENNING: Okay. Anything else? COMMISSIONER COLETTA: Oh, yes. Forgive me, Commissioner Henning. When we made our declarations earlier and this was pulled from the summary agenda, I was waiting for it to come back and make my declarations of who I spoke to and everything and I want to make sure before we vote that I make that absolutely clear. I -- I spoke to staff, county manager on it, I spoke to Ed Kant. I also called Fred Thomas in Immokalee and spoke to him about it. And that's my total -- my total declaration on that one. CHAIRMAN HENNING: All right. Great. There's a motion by Commissioner Coletta, second by Commissioner Fiala. Any more discussion on the motion? All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Aye. Opposed? Motion carries five zero. Thank you. MR. STEWART: Thank you. Item #8A Page 40 September 23, 2003 ORDINANCE 2003-49 PETITION PUDZ-02-AR-3242, JERRY NEAL OF HOLE MONTES AND ASSOCIATES, REPRESENTING FRANK W. COOPER AND F. C. PROPERTIES, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE AND "A-ST" RURAL AGRICULTURAL WITH A SPECIAL TREATMENT OVERLAY TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE MANDALAY PUD ALLOWING FOR 84 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED ON THE NORTH SIDE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) AND APPROXIMATELY ONE-EIGHTH MILE EAST OF POLLY AVENUE IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA- ADOPTED W/STIPl II,ATIONS CHAIRMAN HENNING: The next item is 8A. This item is required for all participants to be sworn in and ex parte communication by the board of commissioners. This is PUDZ-02-AR-3242. Jerry Neal of Hole Montes and Associates representing Frank W. Cooper and F. C. Properties requesting a rezone from A, rural agricultural, to A-ST, rural agricultural with special treatment overlay to PUD, planned unit development known as Mandalay PUD allowing 84 residential dwelling units for the property located on the north side of Rattlesnake Hammock Road and approximately one-eighth of a mile off of Polly Avenue in Section 16, Township 50 South, Range 26 East of Collier County, Florida. Would you all rise, those wishing to participate in this discussion to be sworn in by the court reporter. THE COURT REPORTER: Do you swear or affirm that the evidence you are about to give in this cause is the truth, the whole truth and nothing but the truth? Page 41 September 23, 2003 (The witnesses answered in the affirmative.) CHAIRMAN HENNING: Do we have any public speakers on this one, commissioner -- or-- MS. FILSON: No, sir. CHAIRMAN HENNING: -- Miss Filson? Ex parte commission. Is there any additional, Commissioner Coletta than you stated? COMMISSIONER COLETTA: For 8A? CHAIRMAN HENNING: Yes. COMMISSIONER COLETTA: Yes. I -- in my file I have correspondence that I received and anyone who wishes to see it, I have it right here. CHAIRMAN HENNING: Commissioner Coyle. COMMISSIONER COYLE: I also have received several items of correspondence. They are in the file for public review. CHAIRMAN HENNING: And I also have correspondence in my file and it's always welcome for any public to review the file. Commissioner Fiala? COMMISSIONER FIALA: Yes. I've received a large number of correspondence in my file for the record. Also there was a meeting called about a year ago from neighborhoods and so I attended that meeting as well. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. I had correspondence and e-mails on this particular item. CHAIRMAN HENNING: Mr. Cooper, welcome to the board of commissioners. MR. COOPER: Thank you. Glad to be here. For the record my name is Frank Cooper. I am the petitioner for this project. Mandalay is a proposed low density project to be built on Rattlesnake Hammock Road. It's a 28-acre site approximately -- well, Page 42 September 23, 2003 zoning for up to 84 units just under three units per acre density. It's surrounded by four communities. Basically, on the west you have Huntington Villas PUD, which is a villa project, three and four unit buildings. To the north, you have Quail Hollow, a single family residential community, to the east, you have Naples Place and Vista Gardens Apartments and to the south, which is Rattlesnake Hammock Road, and then right of this side of Rattlesnake Hammock Road would be Lely Palms Retirement Home. Currently the property is zoned agriculture with an ST overlay on the eastern half. As part of our zoning here, we will be building on the western half of the property and maintaining ST overlay area as a conservation area. The potential uses for the project at this -- has changed somewhat from the informational meeting that was attended by Commissioner Fiala approximately a year ago. At this point we're still going in for zoning consisting of single family, one and two family which would be builder type products and multifamily. The multifamily though had been limited to no more than a four-unit building. In addition, as a recommendation by the planning commission we had put an instant requirement that at this point the zoning allows for single family R1 and 2 family units and multifamily uses were going to be used, we'd come back for PUD and substantial change which requires public hearings with the planning commission approval. Our plans at this point are actually building, bill a product, which would be a two-family type product on the site. Also as part of that discussion with the planning commission we agreed that we would have no two-story structures abutting in any of the residential buildings that are in Quail Hollow. Page 43 September 23, 2003 If there's any two -- I don't anticipate any two story, but for whatever reason, if there was two-story buildings at a later date or if we were to have a different buildable plan that was not single story, none of those lots would abut the Quail Hollow lots. One of the big issues that was -- came forth from the Quail Hollow residents was one of them was obviously with the multifamily issue but the second was the stormwater issues. There's two -- a couple of things here on the stormwater issues I'd like to just go ahead and go through. Number one is Quail Hollow when it was built unfortunately did not have any perimeter berms and the stormwater on the rear yards of those lots adjutting (sic) -- abutting this project have no drainage and they go into this project. So, what we have proposed is part of-- in the PUD documents as well on the -- on the exhibits is that we will collect their stormwater on the perimeter of our property and route it to the slough on the eastern half of the property and also down our western side between our perimeter berm and our roadway system to go out to Rattlesnake Hammock to the swale there, basically providing drainage for those rear lots actually taken into the project. Second of all, the question came up, well, gee, if we're building this project, are we interfering with the overall drainage situation of the county which would worsen their situation technically. We have done the hundred-year stormwater analysis and this site is an exporter site, which means any stormwater falling on this site in the current condition actually goes off site versus staying on site. As part of the development we do have our perimeter berms intact and we would not -- in actuality have no stormwater leaving the site that would exceed the current stormwater amounts within the site now. So, we are not actually impacting existing drainage facilities going south to here or the -- and, therefore, not impacting their potential drainage. Page 44 September 23, 2003 Landscape buffers, we've also put in a minimum of 15-foot wide landscape buffers even though the single family would normally be ten. We also put a hedge in which exceeds the code. So, we are buffering, providing buffers for their project between our project. The buffers are on our side of the line obviously and they receive the basic codes in the minimum amounts. We think we are, you know, trying to be a good neighbor. We've kept it at a low density usage and buffering our units -- our homes from their homes accordingly. And with that, I'd be happy to answer any questions or go into further details. CHAIRMAN HENNING: Question by the board members. Commissioner Fiala. COMMISSIONER FIALA: Yes. You talked about the buffers. One of the things the residents that I've -- that have contacted me through e-mail have stated is they're very concerned with tearing the trees down because it will not provide any -- any buffer to them. They wanted to keep the trees there on the back line of the property to edge along there. That would be a great buffer to leave the trees there for 15 feet. Can you do that? MR. COOPER: No, ma'am. I cannot. Personally I'm required by not only your codes but also by West Florida Water Management to have perimeter berms. And the perimeter berms are going to be roughly anywhere from two to three feet in total variation. COMMISSIONER FIALA: Okay. MR. COOPER: And when you start putting that dirt on top of the trees you know what happens. COMMISSIONER FIALA: Okay. So, then if you have to put this berm in there, many times I've gone out to see properties and they put a berm in and they put landscaping on the berm but the landscaping is so sparse and then, of course, it dies and so there's no protection for the surrounding communities at all. Page 45 September 23, 2003 What assurances do I have, number one, that it will be thickly landscaped and that it will be maintained? MR. COOPER: All right. That's answering two questions. You'll see on Exhibits C7, 8 and 9 within your PUD document we've actually drawn into the PUD documents the landscape requirements, which basically provides that we have, I think it's 12-foot trees versus an eight-foot tree or ten-foot trees. On the 25-foot on center, we have either a three-foot hedge, in some cases a double row hedge, so -- on top of the berm, so we're providing this is where you would want a single family or one or two family you wouldn't even be having a hedge, so we're putting the hedge in as well as bigger trees. And in terms of maintenance there is a homeowner association and we're required to maintain that buffer. It's a landscaped buffer. It's in your LDC code. We are required to maintain it obviously in the event that the association wasn't maintaining it, the code enforcement division is able to come out to the project, see it and cite the association for not maintaining their landscape. COMMISSIONER FIALA: Will the hedge be a continuous hedge or just -- MR. COOPER: Yes, ma'am. COMMISSIONER FIALA: -- or just sporadic? MR. COOPER: No, it's a continuous hedge, the whole way through around the project. COMMISSIONER FIALA: Okay. One more thing. I wanted to ask Robert Wiley from our stormwater management team to come up, please. I'm very, very concerned with the -- the water that -- that might be draining into the existing community. Can you tell me -- can you tell me that this won't happen, Robert, or what -- what can be done to assure us that the people that have existing homes there will not suffer because of this property? MR. WILEY: Okay. For the record my name is Robert Wiley Page 46 September 23, 2003 with the Collier County Stormwater Management section. We've looked at this several times with the applicant and with his engineer. The basic premise that they're laid upon is that the properties due north of them, which is Quail Hollow, basically has straight discharge right into this man's vacant land. So, he's taking care of that discharge by coming in along his parameter and then moving the water around so he doesn't mix external water with his own internal water. And like you said, we addressed the issue of cover your flood plain. Now, the way we went through this is, first of all, we have done an entire analysis for the whole region, the Lely area stormwater improvement project. We know where the flows are going and where they're projected to go. Using that as a basis, we gave them some control elevation information to use for starters. They then did their flood plain analysis, keeping in mind they're only addressing the western portion. So, addressing only the western portion he will -- when we all see the calculations finally, because we're still talking back and forth with each other, but it appears though he will be an exporter, which means more water actually leaves the site than comes onto it. If he takes his entire property into consideration, he's an importer. But you only address importer/exporter where he's developing it, so the nondeveloped portion really does not apply here. He's provided along the eastern side of the property where the flow with a big, deep slough comes through there, that's what he left in conservation, which will line up right with our Lely area stormwater project to let the flow come through. The concern that we had really was what was happening coming out of Quail Hollow? He addressed it by coming up with this perimeter conveyance system to receive their water and actually Page 47 September 23, 2003 convey it around. Right now there are several areas that they discharged into his property and it, quite frankly, just sits there, so he will be able to provide conveyance for their water to actually leave their site. Keeping in mind some of the sites adjacent to Quail Hollow are wetlands. And, so, seasonally they are inundated and that is very much expected of here. So, we have a mixture of things happening here. From what he's proposed I don't see as this creating a negative impact from a stormwater side to these surrounding developments from what he's proposed right now. Again, as I said, we're still working with them to adjust final numbers of what control elevations are, what his actual numbers are, importer/exporter calculations, but it really should not affect his ultimate layout and buildability. CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER HALAS: Robert, can you go up to the diagram up here and basically show us the path that the flood water naturally is going to take? Stormwater. And maybe with the -- a pointer you can kind of give us the general trend of how this water is going to flow to the south. MR. CHRZANOWSKI: Good morning, commissioners. Stan Chrzanowski again with Development Services. This is light art topography done in what they call a shaded relief. They can print it off in many different ways. This is Rattlesnake Hammock. Route 951 is out over here. This is the runway at Wing South Air Park. You can see the general flow of the water was here. You can see a wetland slough that's been penetrated by Rattlesnake Hammock. You can see a little sign of-- I guess they -- yeah, they can zoom in. You can see a little sign of culvert here. The flow comes here and goes down and into the Lely area. Page 48 September 23, 2003 Mr. Cooper's project is right in here. You can actually see -- if you look, you can see these are house pads, the raised areas. The grades are down this side here. So, you can pick out that -- that the project to the north of Mr. Cooper, all these house pads have been raised up. But like he said, there's no perimeter berm, so when the water flows off this raised pad into here, it just keeps going down into -- into this slough here. Now, all the water flow in this area, you can tell how much -- how much mankind has disturbed the ground that's out there. We've created a bunch of dams, but this -- this flow still continues to come through here and -- and we'll go down into there. Does that answer your question? COMMISSIONER HALAS: It does to some -- to some point. What I'm concerned about, if we can continue to mitigate all this wetland, eventually this water is going to try to seek the lowest level, so eventually it's going to have to affect the neighbors. Is this going to be -- as a preserve here where you show that part of this property belongs to the applicant? MR. CHRZANOWSKI: The South Florida Water Management District reviews all that. The -- part of their project that's the preserve -- getting a little unwieldy here. The part of their project that's the preserve is the east end over here, and if you look at the aerial photo, that is the very wet area in here, comes up the side and it ties to the lake and -- and the wet area in the project to the north of them. When the district permits this project, they will take all that into account. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Commissioners, if-- we could put stipulations contingent upon U.S. Corps permit and South Florida Water Management permit. You know, they must obtain those. Commissioner Coyle? Page 49 September 23, 2003 COMMISSIONER COYLE: Most of the people who have contacted me concerning this project have expressed concerns about the water flow and potential flooding and -- and the density. So, I'd like to ask a couple of questions necessary to clarify those issues a bit further. Let's take the density. The concern has been that the density appears to be -- be based upon the entire piece of property rather than just the buildable property. And I -- I guess I would like to -- to understand from staff or staff could explain what the land development code provides and why. MR. BELLOWS: The Land Development Code -- oh, for the record Ray Bellows with Current Planning. The Land Development Code provides the density be counted for all properties within the PUD that aren't -- that aren't designated for another use such as commercial if there was a commercial component. We wouldn't double count that for density. But it's kind of like the transferred development rights. The petitioner would have the right to try to mitigate and build on the preserve area. Instead, the way the code is written, we try to encourage the preservation of those areas and allow for mitigation elsewhere. And in this case we're shifting what units could be built on the preserve area over to the development residential tract. The overall density still remains consistent with the Land Development Code and the density rating system. COMMISSIONER COYLE: So, the alternative would be for the petitioner to fill in part of those wetlands if they would get a permit to do so -- MR. BELLOWS: And if they could get-- COMMISSIONER COYLE: -- and purchase mitigation credit somewhere else. MR. BELLOWS: That's correct. Page 50 September 23, 2003 COMMISSIONER COYLE: And-- and-- and what you've tried to do is to make sure that that land is preserved here. MR. BELLOWS: That's correct. COMMISSIONER COYLE: And you've permitted them to have the density on the land that is buildable. MR. BELLOWS: Yeah. And -- and even at that we still worked with the applicant to keep the units at a -- at a single family or duplex type of scale, which is similar in nature to the surrounding development instead of having a four-plex or an eight-plex, a multiple family type development. It wouldn't be as compatible with the single family development. The staff felt very comfortable with limiting it to a single family duplex type of arrangement even though there's smaller lots. COMMISSIONER COYLE: Okay. Now, how about if the petitioner could explain to me the configuration of the drainage system that will be constructed between your property and the adjacent developed property. What I'm interested in is are you -- are you going to have a swale there? If so, how deep, how wide? How does that relate to the landscape buffer? Will the landscape buffer be on the inside of that swale? Will the swale be part of the landscape buffer? You know, those are the kinds of-- of things I'd like to understand a little better. MR. COOPER: In your PUD packet on the exhibit would be C7 of 9. I think it might be best if you turned and look at that for a second or I'd be happy to verbally describe it to you. COMMISSIONER COYLE: Oh, tell me what page that's on. MR. COOPER: I don't have the page number of the actual presentation, but it's right behind the PUD section. In the exhibits of the PUD itself, there are -- there are eight in there. It would look like this. There will be sheets -- two pages from the back of the -- Page 51 September 23, 2003 COMMISSIONER COYLE: Okay. MR. COOPER: And the bottom section of C7 is the northern boundary of our project with Quail Hollow. You'll see on the left side if you go -- take that exhibit and go from left to right. You will start with the property line and then you'll see a swale and/or a pipe depending on the best way to handle this. Here's the property line. You'll have the swale and/or pipe depending on how we handle it as we go along the back side of Quail Hollow. Then we then have a -- start raising our berm, plant the trees. We have the option of putting a wall in also and then we go up and put the hedge. As Mr. Bellows asked, this is a solid hedge, and then we come back down into a swale into the backyard of the homes to collect our on-site water, which either have a -- which has a pipe connecting to the center of that going into the lake and we would then go up to the building structures on the rear of the property line. COMMISSIONER COYLE: Okay. Now-- now, the measurements as indicated in this diagram add up to be a total of 16 feet. And -- and I -- I wonder which figure you're really planning to use. MR. COOPER: Well, in this case, we've two things. We've committed to a 15-foot wide landscape buffer but I'm also going to put the swale in so in this case we're actually showing you're going to have at least 15 to 16 feet in there. You know, I'm also required on certain slopes as we -- just as Mr. Wiley was 'saying, we're still debating exactly as we are running through the numbers what our actual perimeter berm height will be. Is it 12 foot, is it 12 and a half foot, is it 11 and a half foot so there's some variation? But we have minimum amounts of slopes that we have to do and they have to fit. You have minimum widths for the -- for the trees that Page 52 September 23, 2003 go on and it all has to fit. And if this area takes 15 feet, it takes 15. If it takes 17 feet, it takes 17. Whatever it does. We know we need to collect the water. Now, these -- on this side of the line here, keep in mind this is the backyard coming up from the houses, so this isn't -- the lowest spot in here will be on our side of the property line. It's this swale we're creating. And as this swale will drain two ways, it will drain to the east and to the east. When it goes to the west, it then will come down the side of the property to go out to Rattlesnake Hammock to the swale there. If it drains to our east, it will then go in -- go in towards the slough and wrap around and go to the slough. And you'll see on the sideline, if you mm to the next page, I believe, or one page in front of this, it would be C9, it should be after it. Just as a -- along the -- our eastern -- let's see now. Excuse me. This would be Quail Hollow's side of the property line here. This is on our eastern side. Going right through here and we begin having that swale in our pipe that would then drain out to the slough and then we have the berm coming up in the perimeter of the road. And, so, basically our water at this point -- our road water stays in our road and then goes to our lake system, so then no water goes off-site. So, we're -- again, we're transferring their water, wrapping it around our site both directions to the slough. COMMISSIONER COYLE: And then this -- this represents a substantial amount of fill that you're putting in. MR. COOPER: Yes, sir. I wish it didn't. COMMISSIONER COYLE: If we go back to C7, this would indicate that the -- the center of the buffer will be 12 feet from the property line. Am I correct? The center of the berm with the buffer would be 12 feet from the property line. Page 53 September 23, 2003 MR. COOPER: Yes, sir, give or take. COMMISSIONER COYLE: Okay. All right. Now, let me -- let me understand one other thing. A property owner has a right to take whatever action is necessary to make sure that adjacent property owners' water does not drain onto their property. Is that true? MR. COOPER: That was my understanding. COMMISSIONER COYLE: Okay. So -- so, there are -- there are rights that go both ways here. The -- the -- your property has a right to demand that other people's water not file -- not flow onto your property. MR. COOPER: Yes, sir. COMMISSIONER COYLE: The existing residents have a right to demand that your water not flow onto their property. MR. COOPER: Yes, sir. COMMISSIONER COYLE: I think those are fairly well-established rights and there are remedies, if I remember correctly, for a violation of those things. Am I correct, Stan? MR. CHRZANOWSKI: Yes, sir. When you said that -- CHAIRMAN HENNING: Your name for the record? MR. CHRZANOWSKI: Stan Chrzanowski, Development Services. Sorry. When you said that both sides have equal opportunity -- equal responsible not to drain onto the other person, yes, sir. COMMISSIONER COYLE: Okay. Okay. Yeah. That's important because I -- I understand the residents concerns about not getting your water on their property but in fact their water right now is going onto your property. MR. COOPER: Yes, sir. COMMISSIONER COYLE: And you have an equal right to make sure that that doesn't happen but you can't do it by forcing their property to flood; right? Page 54 September 23, 2003 MR. COOPER: That is correct. COMMISSIONER COYLE: Okay. So -- so, the action you take will divert the property -- the water away from their property to assure that they will not be confronted with a flooding problem -- MR. COOPER: Yes. COMMISSIONER COYLE: MR. COOPER: Yes, sir. COMMISSIONER COYLE: -- I hope. Right? Okay. Thank you very much. CHAIRMAN HENNING: Okay. Any further questions? Miss Filson, anybody sign up-- MS. FILSON: No, sir. CHAIRMAN HENNING: -- on this? Okay. Mr. Wiley? MR. WILEY: Just for clarification, Robert Wiley from Water Management. We do want to make sure that everyone is aware that this perimeter berm he's showing here, as I view it, is conceptual, because there are a couple of points of concentrated discharge coming out of Quail Hollow. So, to say he's got a two-foot wide swale, I don't want him to assume -- I mean, that he's held to that. He will have to size it appropriately to handle that off-site flow. COMMISSIONER COYLE: Right. MR. WILEY: And I think it's an understanding we have, so don't -- I don't also want him to assume a two-foot wide swale is all that is going to be constructed there. CHAIRMAN HENNING: That will be -- MR. WILEY: That will be adequately sized. CHAIRMAN HENNING: -- handled during the permit process. MR. WILEY: That's correct. MR. COOPER: Yeah, again, as Mr. -- this is Frank Cooper again. As Mr. Wiley said, this is -- these are conceptual pictures. This is Page 55 September 23, 2003 the basic design that we intend to use. Do the measurements all change or not? I don't know what the actual measurements will be, but the design is there. We'd gone through a landscape in terms of creating the buffer. This is how the buffer will look. Again, is one area wider than the other? But there's certain minimums that have to be maintained and the trees have to be there and the hedge has to be there. And the hedge has to be in the location that it's showing on this picture. Just is it three feet away from the property line or is it five feet away. Those are the measurements as it goes up and down or changes. CHAIRMAN HENNING: Thank you. Commissioner Fiala?. COMMISSIONER FIALA: Yes. One last thing. And this is more for Robert Wiley. Robert, being that they're -- they're going to build right in the middle of a wetland area there, which makes me very uncomfortable because of the tremendous flooding problems we already have in East Naples and we can't move that water because of the streets and development that have already been in the place, do you feel comfortable that -- that the water situation, the drainage on this property, will be handled so that it won't cause any further flooding? I mean, before I vote, I want to know that you feel comfortable with that. MR. WILEY: Okay. From-- from that standpoint -- and Robert Wiley again. From that standpoint, yes, I'm comfortable, keeping in mind the discussion we've had today is his numbers are not finalized and they will be working with this. He is not really building in the big portion of the wetland. And that is what is off to the east side. Along his west side, he does have a considerable amount of Page 56 September 23, 2003 uplands also, although scattered among our -- my display to wetland pockets. So, he's not really having the impact. The discussion was earlier addressing could he have built on the eastern side. If he were to come and build on the eastern side and fill in, I would not be standing here quietly. I would be very vocal and disapproving it or recommending disapproval because that is the flow way, the eastern side, but he is leaving that open to existing flows. It does fit in with our regional standpoint of flood protection we're working towards, so I really don't have a concern once we work out the final numbers to address the amount of water he has to be able to hold on site to prevent having impact to the off site during a hundred-year flood. COMMISSIONER FIALA: Thanks. CHAIRMAN HENNING: Thank you. Commissioner Halas? COMMISSIONER HALAS: Well, that -- that -- I'm assured that we're going to take care of the flooding and the flow of the water there. One other question I have, and I'd like to address this to Norman Feder out of Transportation, excuse me, and that's in regards to the impact on the roads with this added capacity from this PUD and how this is going to affect the whole area here. MR. FEDER: This is Norman Feder for the record, Transportation Administrator. We are in the process of making improvements to Rattlesnake Hammock Road at this time and so we should be able to address the traffic off of this margin. COMMISSIONER HALAS: Even with the future development that's in that general area? MR. FEDER: That is correct, sir. COMMISSIONER HALAS: And what's the -- what's the prognosis for extending Polly down and to make -- widen that-- Page 57 September 23, 2003 MR. FEDER: That is -- COMMISSIONER HALAS: -- what is then -- MR. FEDER: -- that is later in our program. That also provides some further redefinement. Every activity will be accessed to Rattlesnake initially. The PUD is providing some right-of-way for that policy -- Polly extension as well. Rattlesnake Hammock extension, I should say. CHAIRMAN HENNING: Okay. Any further questions? I close the public hearing. Entertain a motion? COMMISSIONER COYLE: Motion to approve. CHAIRMAN HENNING: Motion by Commissioner Coyle to approve -- COMMISSIONER FIALA: I -- CHAIRMAN HENNING: -- with staff recommendations, stipulations and the planning commission stipulations. COMMISSIONER COYLE: With all those stipulations, yes, sir. COMMISSIONER FIALA: I'll second that as long as we make it clear on the record that the hedge will be one solid hedge rather than as the picture shows, just sporadically. Secondly, my second goal is that in the -- in the reports here, it said that there will only be single family homes that border the Quail Hollow backyards, and I want to make sure that that's stipulated. And, thirdly, Mr. Cooper stated something about four-plexes whereas staff stipulated duplexes. So, I wanted to make sure that gets on the record. This is only going to be single family and duplexes and that single family will be the only thing that borders Quail Hollow. MR. COOPER: It was single family or two family units bordering Quail Hollow. COMMISSIONER FIALA: Pardon me? MR. COOPER: It's single family or two family which would be a Page 58 September 23, 2003 villa unit bordering Quail Hollow is what we have. CHAIRMAN HENNING: That would be villas owned by -- MR. COOPER: Individual buyers. Individual-- CHAIRMAN HENNING: Right. MR. COOPER: -- owners but there are two units in a building. CHAIRMAN HENNING: Right. MR. COOPER: It's called-- it's considered two family. COMMISSIONER FIALA: I had understood it was supposed to just be single family. CHAIRMAN HENNING: It was -- it was stated that it was going to be-- MR. COOPER: It's, you know, single family and/or two family. The multi -- again, and there's no two stories is what I was saying, and it's single family or two family bordering Quail Hollow, which is -- the whole project is two family. It's a villa product, Euro lot line. COMMISSIONER FIALA: Well, then why does it say single family if the whole project is two family? MR. COOPER: The zoning -- as approved zoning, as you know, a lot of times you have multiple types of uses and the zoning could be single family or it could be a two family or it could be multifamily, which we have eliminate -- not eliminated but put that it can only be no more than a four-unit building and it also goes back to the planning commission if in fact multifamily was to be submitted, which at this point is not being submitted. So, it's a single -- the purposes and the plans that we have shown and provide basically show that it's a two-family product, which is a villa, a Euro lot line. COMMISSIONER FIALA: family? MR. COOPER: Four-plex. CHAIRMAN HENNING: Well, then why do you mention four Excuse me. That was on the anterior part of it away Page 59 September 23, 2003 from the other community. MR. COOPER: Yeah. If you -- if you had multifamily, which the possibility exists provided the planning -- it goes back to the planning commission and they approve it, and if you had a multifamily and the planning commission approved it, it would be maximized at no more than four units in a building, which typically a multifamily might be an eight-unit building, 12-unit building, a 16-unit building, a 32-unit building. They're saying in the event this thing ever came of a -- a request came back, the building is multifamily, will be no more than four units in a building, which is very small for a multifamily building. And also the planning commission would have to approve it. So, the zoning with site plan right now, it says -- and this is right on the main page of the site plan, project could be built as single family or two family. If multifamily is utilized, then a PUD unsubstantial change shall be required and the PUD unsubstantial change -- that if it was required, as I think Ray can explain to you, requires the planning commission approval for that. CHAIRMAN HENNING: Commissioner, if you would -- I'm going to go to Commissioner Halas. If you would look at Page 3, planning commissions' recommendations, I think it -- it's a lot more clearer. There's a lot of clarity there on what their recommendations are. Commissioner Halas? COMMISSIONER HALAS: Yes. What I want to get on the record is whether we have single family, multitype family or four family, the density is going to remain the same. MR. COOPER: Yes, sir. COMMISSIONER HALAS' Okay. MR. BELLOWS' Okay. Again for the record, a stipulation to no two-story buildings are allowed adjacent to Quail Hollow. That is also consideration of compatibility. Page 60 September 23, 2003 COMMISSIONER FIALA: Fred, I have -- I'm sorry, but I -- I had read that and I understand that except that I had also read that the people that had attended the meeting had asked for just a single family product, not -- not a duplex to border the Quail Hollow -- MR. COOPER: I told them at the meeting. Again there was four different product types and I showed them a single-family house. This is an informational meeting approximately a year ago. I showed them a single-family house. I showed them the picture here, which would be a two-family house or a villa unit. I showed a four-plex, a six-plex and an eight-plex. And the original PUD was submitted with all that information in it. During their -- the staff going through this and having residents contact them, staff suggested that we limit if there's a multifamily component, that we limit it to no more than four units to a building. Going to eliminate that at the larger buildings, which we didn't accommodate it. And during the planning commission, the planning commission also asked at that point we also limit the two-story, any potential for a two-story unit against the Quail Hollow boundary. And I think that's where you -- maybe we're getting confused, so we eliminated any two-story units against the Quail Hollow boundary. Now, again, the picture that we're showing here is what we proposed to build. You know, the elevation will change a little bit as we're still fine tuning with dark tip, but basically it's a two-unit building. I think you've all seen them accordingly in different communities around. I think you've got another one on -- on the planning table today that you looked at or have looked at. But, anyhow, this is the product that we intend to build and I think it's very compatible with the community of Quail Hollow. As a matter of fact, Huntington Lakes that we're talking about, which is our neighbor to our east, this is their product. They have this Page 61 September 23, 2003 and three-unit buildings versus four-unit -- you know, they got three units or two units per building and may even have a potential four-unit building over there. I don't recall exactly. But, again, so if you look at our neighbors, we're building the same thing that's adjoining us right now. So, I don't -- I don't see an incompatibility problem and plus we're putting up the landscape, et cetera. COMMISSIONER FIALA: Okay. My second rests. CHAIRMAN HENNING: Okay. So, you-- would you restate your second, please? COMMISSIONER FIALA: Yes, my second was that -- I wanted to second it only to make sure that we have no four-plexes bordering the -- the Quail Hollow properties as well as making sure that the berm not only is thickly landscaped but that the -- the hedge is continuous. CHAIRMAN HENNING: And for more clarity on -- on the landscaping, commissioner, you might want to say consistent with our Land Development Code and I think that would cover what you need. COMMISSIONER FIALA: Okay. Thank you. I'll -- I'll include that in my second. Thank you. CHAIRMAN HENN1NG: Commissioner Coyle? COMMISSIONER COYLE: And I'll modify my motion. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Question, if I may. Did I hear that we were going to also incorporate the EAC recommendation? I don't recall hearing that. CHAIRMAN HENNING: No, you -- I didn't hear that either. MR. COOPER: EAC has already been incorporated into the PU document you have now as well as the planning commission changes. COMMISSIONER COLETTA: Okay. MR. COOPER: Thank you. Page 62 September 23, 2003 CHAIRMAN HENNING: All right. Any further discussion? All in favor of the motion, signify by saying aye. Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? Motion carries five zero. We're going to take a five-minute break for our court reporter. Be back at 10:50. (A recess was had.) CHAIRMAN HENNING: Board of commissioners are back from recess. Everybody take their seats, please. Item #8B ORDINANCE 2003-50 REGARDING PETITION PUDA-2002-AR- 2475, J. GARY BUTLER, PE, OF BUTLER ENGINEERING, 1NC., REPRESENTING BAYSWATER FALLING WATERS LLC, REQUESTING A REZONE FROM "E", ESTATES, AND PUD, FALLING WATERS PUD, TO INCREASE ACREAGE OF THE EXISTING FALLING WATERS PUD FROM 134.04 TO 161.54, CHANGE DENSITY FROM 6 DWELLING UNITS PER ACRE TO 4.95 PER ACRE, AND SHOW A CHANGE IN PROPERTY OWNERSHIP, FOR PROPERTY LOCATED SOUTH OF DAVIS BOULEVARD AND WEST OF THE PROPOSED ALIGNMENT OF SANTA BARBARA BOULEVARD IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 161.54 +/- ACRES - ADOPTED W/STIPI libATIONS The next item is 8B. MR. MUDD: This item requires that all participants be sworn in and ex parte disclosure be provided to the commission members. Page 63 September 23, 2003 It's PUD-A-2002-AR-2475 for J. Gary Butler, P.E. of Butler Engineering, Inc., representing Bay Water Falling Waters, LLC, requesting a rezone from E, estates, and PUD Falling Waters PUD to increase acreage of the existing Falling Waters PUD from 134.04 acres to 161.54 acres. That's a change -- it's a change in density from six dwelling units per acre to 4.95 per acre and show a change in property ownership for property located south of Davis Boulevard and west of the proposed alignment of Santa Barbara Boulevard in Section 8, Township 50 South, Range 26 East, Collier County, Florida, consisting of a hundred sixty-one point -- point five four plus or minus acres. CHAIRMAN HENNING: All rise those wishing participation in this discussion for the court reporter to swear in. Raise your right hand, please. THE COURT REPORTER: Do you solemnly swear or affirm that the testimony you are about to give in this cause is the truth, the whole truth, and nothing but the truth? (The witnesses answered in the affirmative.) CHAIRMAN HENNING: Thank you. And the petitioner is? Mr. Bruce Anderson? MR. ANDERSON: Good moming, Mr. Chairman. For the record my name is Bruce Anderson on behalf of the -- CHAIRMAN HENNING: Mr. Anderson? MR. ANDERSON: -- applicant. Yes, sir. CHAIRMAN HENNING: Let me just take some housekeeping items here. MR. ANDERSON: Sure. CHAIRMAN HENNING: My ex parte communication on this item is in the ex parte file and is available for anybody to review. Commissioner Halas? COMMISSIONER HALAS: Yes. I also have ex parte on this at the meetings and correspondence and the file -- everything is in a Page 64 September 23, 2003 particular file in regards to this PUD and is open for public inspection. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. I have received much correspondence via e-mail as well as I've had meetings in my office. I also wrote down the -- the particular road to check it out visually. Thank you. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Go to Coletta. CHAIRMAN HENNING: Coletta? COMMISSIONER COLETTA: Okay. Yes. I have had -- I met with the county -- county manager on this, Bruce Anderson and the petitioner and had correspondence with a Shirley -- Shirley Riley. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: And I have met with representatives of the petitioner and also have received correspondence from some of the residents at Falling Waters and I met with a group of residents in my office concerning problems or concerns about this -- this proposal. CHAIRMAN HENNING: Mr. Anderson, thank you. MR. ANDERSON: Thank you, Mr. Chairman. My name is Bruce Anderson on behalf of the applicant. I would point out here that this is a mostly developed project. There's an aerial photograph, a recent one of it. I became involved in this project after the first planning commission hearing, which was continued in order to hold a public information meeting, which I helped conduct after I had reviewed the planning commission videotape. That public information meeting with residents inside and abutting Falling Waters was held on August 26th. This PUD amendment is very simple. It's very forward. It does not involved any increase in the number of homes that are already approved to be constructed within Falling Waters. That number has been and will remain at not to exceed 799 homes. Page 65 September 23, 2003 The PUD amendment seeks to add five acres of developable land and 22 and a half acres of conservation lands. Again, let me emphasize, no additional dwelling units are being asked for based on the new acreage that is being added. It is simply existing approved dwelling units, will simply be spread out over the additional five acres of developable land being added. This petition has been unanimously recommended for approval by both the Environmental Advisory Council and your planning commission and my client has accepted the stipulations recommended from these two bodies. There are -- there are already in the existing PUD 25 acres of conservation lands south of Cope Lane. The conservation lands being added to the PUD are already subject to a conservation easement given to the State of Florida South Florida Water Management District which prohibits residential development on the lands that are subject to the easement. Adding these conservation lands to the PUD provides the county and the residents of Falling Waters an additional enforcement mechanism to make sure that the conservation lands are maintained in their native condition free of exotic invasive plants. The Collier County Transportation Department has asked, and my client has agreed to convey without compensation 100 feet of right-of-way along Tract W for the future Santa Barbara extension. However, because the parcel is already in a conservation easement, the county will need to be responsible for the right-of-way permitting associated with that. This land, as -- as Mr. Butler, who has been involved in the project much longer than I, explained to me that this land was placed in the conservation easement before the county had determined a final alignment for the Santa Barbara extension and, in fact, I think at the time it was under contemplation that the road would curve before it would ever reach this Tract W. Page 66 September 23, 2003 The developer of this project has previously conveyed without compensation 100 feet of right-of-way for the Santa Barbara Boulevard extension along the eastern boundary of the project. In response to concerns that were raised, the developer has agreed that if the PUD amendment is approved as presented, they will construct approval in or near the Magnolia Falls area. The Magnolia Falls area will be built in part on the additional five acres of developable land that are proposed to be added by the PUD amendment. That five acres is the yellow parcel here. That's the developable portion. CHAIRMAN HENNING: Mr. Anderson, before you continue on MR. ANDERSON: Yes, sir. CHAIRMAN HENNING: -- excuse me, commissioners, you're saying because of concerns you're going to have a pool in tract whatever tract it is? Is that Falling Waters residents concerning this? MR. ANDERSON: Yes. Yes. Yes, sir. CHAIRMAN HENNING: I received some correspondence which I have here that residents don't want a pool. MR. ANDERSON: Okay. CHAIRMAN HENNING: There is 40 -- 43 e-mails were collected by one of the residents stating they don't want a pool. I'm confused. MR. ANDERSON: I join you there. CHAIRMAN HENNING: Okay. MR. ANDERSON: I watched the planning commission videotape and that was a -- a frequent refrain from the residents of Falling Waters who spoke at the very first planning commission hearing. So, in response to those, my client was willing to commit themselves to build that second pool. Without regard to that commitment, it is something that my client could choose to do or not to do but was willing to make the commitment to do that in response Page 67 September 23, 2003 to their concerns. Now, the sentiment has changed among the residents, we'll be glad to remove that commitment from the PUD and simply leave it as it was with the developer having the choice. CHAIRMAN HENNING: We'll deal with that. MR. ANDERSON: Okay. CHAIRMAN HENNING: And-- and-- and we have some residents here from Falling Waters who may give some guidance. If not, then I think that we can resolve it in a motion. Please continue. MR. ANDERSON: Thank you. And maybe there's been a change of mind on this next one, too. Also if the PUD amendment is approved, in response to concerns raised at the first planning commission hearing, the entry road at the guard gate will be widened for two lanes, one for visitors who must check in with the guard and a second lane for residents. Again, let me emphasize because this was a concern. No homes or any other buildings, whether commercial or residential, will ever be developed on the 22 and a half acres of conservation lands that are proposed to be added to the Falling Waters PUD by this application. No later than the time of turnover of the property owners association from the developer to the residents of Falling Waters, title to the conservation lands will be conveyed to the property owners association subject to the conservation easement previously granted to the South Florida Water Management District. And until that time of turnover, the developer will be responsible to pay the real estate taxes for the conservation parcels that are subject to the conservation easement. And, lastly, it is proposed that Cope Lane would continue to be used for construction traffic until completion of this project, which is hopefully in about two and a half years. After that use of Cope Lane would be discontinued and a new asphalt layer would be applied by Page 68 September 23, 2003 the developer to Cope Lane from County Barn Road to the current existing access point to Falling Waters. And with that I'll close my statements for now and be happy to answer any questions that you might have. CHAIRMAN HENNING: Commissioner Coyle and Commissioner Fiala? COMMISSIONER COYLE: Like Commissioner Henning, the public -- the comments I received from the public relate primarily to the -- the swimming pool. But I -- I also have correspondence concerning the original PUD approval and the fact that it provides that you will discontinue use of Cope Lane for construction traffic effective four years from the approval of that ordinance, which I think was 1995. What you're asking us to do with this modification is to extend the right to use Cope Lane for construction traffic. Is that correct? MR. ANDERSON: Yes, sir. COMMISSIONER COYLE: And how long would you expect to do that? MR. ANDERSON: It is anticipated for another two and a half years. COMMISSIONER COYLE: Okay. Now, with respect to the pool itself is the risk of getting into an another Naples Park dispute. You know, I -- I -- what I would prefer to do is not make a decision, not have the board make a decision based upon whether the pool is built or not but let the residents decide that. Is that possible? MR. ANDERSON: Sure. COMMISSIONER COYLE: Is that something you -- you could do? CHAIRMAN HENNING: Commissioner Coyle, that's where I was going, to actually to have the association poll the residents -- Page 69 September 23, 2003 COMMISSIONER COYLE: Yes. CHAIRMAN HENNING: -- before any amenities to such a pool, but we'll -- again, I think we'll hear from the residents and see -- get their guidance on that. COMMISSIONER COYLE: Okay. But if-- if we can solve that now, maybe we can -- we can simplify the residents' concerns. MR. ANDERSON: As far as my client is concerned, you can solve that now. We'll be glad to put it to a vote. COMMISSIONER COYLE: Let the homeowners association or the master association do the survey. What -- what are you suggesting? MR. ANDERSON: That the residents that choose to vote will -- can vote whether they want to have a second pool or not. COMMISSIONER COYLE: Okay. And, so, you won't insist that that be part of the PUD; that is, the pool will not be part of the PUD proposal today. MR. ANDERSON: No, no. In fact, I -- frankly, those kind of things really don't belong in my view in the PUD. That's a private contractual matter between a willing buyer and a willing seller who negotiated that and -- COMMISSIONER COYLE: Okay. Good. Thank you very much. MR. ANDERSON: Thank you. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. My concern is Cope Lane. And -- and my concern is that the people, the residents along Cope Lane, have had to bear -- on their private road have had to bear the debris that's caused by construction trucks, the dust that comes into their windows constantly. They don't have a road of their own while it's been tom up. They were given promises that if they were -- if Falling Waters were allowed to use that road, they would repave it and -- and they would keep the berm landscaped. Page 70 September 23, 2003 Well, I rode down the thing and it's a mess. And they haven't done that and yet they continue to use it I guess because they don't want to use their own roads to build their own -- their our duplexes. And I -- I resent that actually. We don't want it in our community, so we'll put it in your community. Well, that's not right. And, so, I -- I don't go along at all with using Cope Lane for the construction traffic. MR. ANDERSON: Well, I -- I would just point out I'm not the real estate lawyer for this -- for this project, but I am advised by someone who has examined the title that Falling Waters as an abutting property owner to Cope Lane has a legal right to use that road just as much as the people who built homes along there. COMMISSIONER FIALA: Even though it's a private road? MR. ANDERSON: Well, it's a private easement that anybody who abuts Cope Lane has the right to use that. COMMISSIONER FIALA: Do people on -- MR. ANDERSON: And that includes -- COMMISSIONER FIALA: -- Cope Lane have a right to use the roads in Falling Waters? MR. ANDERSON: No. They don't abut them. COMMISSIONER FIALA: Falling Waters abuts this road but they don't abut that road. MR. ANDERSON: That's correct. COMMISSIONER FIALA: I have a problem with that. But, anyway, let me -- let me continue and say that I just feel that they haven't carried through with their promises to the people that live along Cope Lane. They still have workmen out there discarding their debris after lunch and so forth that the people in Cope Lane have to go and pick up. They have all of the dust and debris, as I said previously, from the construction traffic. And, so, I -- I want to know what alternative Page 71 September 23, 2003 there is besides using Cope Lane for the construction traffic. MR. ANDERSON: Well, entry off of Davis Boulevard through the project. One -- one thing I did want to point out, the -- the client that I represent is a successor developer to the original developer and -- COMMISSIONER FIALA: Is he responsible for -- for completing the promises that the original developer made to those people along Cope Lane? MR. ANDERSON: Those that he is aware of, yes, ma'am. COMMISSIONER FIALA: And, so, he -- he would now go back and fix those things that have never been fixed before? MR. ANDERSON: Well, if you could be -- I'm sure these speakers will be quite specific. I -- I can't make an open ended -- COMMISSIONER FIALA: Okay. We'll discuss it further later. MR. ANDERSON: Thank you. CHAIRMAN HENNING: Commissioner-- before I go to Commissioner Coletta, I remind you that if it's approved and approved to go through Falling Waters, the impacts of more residents of Collier County is going to happen there than in Cope Lane. But I want to continue on this discussion, but I want to go to my colleagues first. Commissioner Coletta? COMMISSIONER COLETTA: Thank you. I'd like to call Mr. Feder up, ask him some transportation questions, if I may. Mr. Feder, two different things. One is the Cope Lane problem and what should we be asking for? And another one is Tract W and the fact that that's a conservation easement that would have to be mitigated, I assume, with great expense. What would be your advice? MR. FEDER: Okay. Let me hit the second one first and then go to Cope Lane. Page 72 September 23, 2003 First of all, the Falling Waters -- for the record, Norman Feder, Transportation Administrator. The Falling Waters PUD is on the west side of what is the future Santa Barbara-Polly extension. They have provided previously in their PUD a hundred feet of right-of-way across the top of the graphic that you see up here which is in that Section C. That stops though on the south end of the property as you come south and at Tract W. And Tract W has been set up by action of the developer as a conservation easement to the Big Cypress Basin -- South Florida Water Management District, I should say, as the grantee. The issue we have is that effectively places a conservation easement along that hundred feet right-of-way corridor for the future Santa Barbara-Polly extension. We've talked and-- and we've already heard from the developer, their representatives, that they are prepared to provide that land over to the county basically at no -- no cost. What we need though is for them to vacate by permit modification that hundred feet from the conservation easement. The county will have to pay for any mitigation obviously from any roadway construction in the future, but we need them to take the action to vacate that hundred feet and then, of course, to provide it over to the county at no cost. So, that's what I want to bring to your attention that we would ask them to pursue the permit modification to vacate that hundred feet and then to provide it to the county at no cost. To the Cope Lane issue, you do have a private roadway there. I don't know that I know all the history and I think I'll hear some more in just a few minutes, but I think you do have a situation where that has been used for a construction route for the project over the many years and I thought there was some commitments in the original part Page 73 September 23, 2003 for them to do so in a manner that left those residents for all the time that they had this construction activity with a better access point, be it still a private road. And I'm not sure that that's necessarily the case as you look at Cope Lane today. Did that answer your question, sir? COMMISSIONER COLETTA: Yes, it does. Thank you. MR. FEDER: Thank you. CHAIRMAN HENN1NG: Commissioner Halas? COMMISSIONER HALAS: Yes. This is to the petitioner -- CHAIRMAN HENNING: Mr. Feder, don't go away. COMMISSIONER HALAS: -- that there's also going to be five-stow building heights. Is that correct? MR. ANDERSON: Bruce Anderson again. I believe the existing PUD already allows four stow. COMMISSIONER HALAS: With parking underneath. MR. ANDERSON: And if this amendment is approved, there will be two stow is -- is the tallest that would be built on the remainder of this PUD. COMMISSIONER HALAS: Two stow. MR. ANDERSON: Yes. COMMISSIONER HALAS: And nothing on this five stow then. Okay. MR. ANDERSON: Right. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Mr. Feder, if you could help me out. Commissioner Coyle had the -- the original PUD. The developer shall improve Cope Lane to the following standards: From County Barn Road to ten feet beyond a certain address. Did you read this or do I need to read this? MR. FEDER: No, I didn't read it, sir. CHAIRMAN HENNING: It's allowing three cross culverts under Page 74 September 23, 2003 the existing roadway to allow a natural sheet flow under past the road at north and south. Reconstruct the southerly side road -- or roadside swale from Tract S of Falling Waters to County Barn Road. Install three driveway culverts within metering in sections in each driveway along the reconstruction portion of the driveway swale. Well, I guess I don't need to read all this because it's still in their PUD. I'm not willing to remove it from their PUD, all the commitments, but there really are some concerns, I think the residents had of construction traffic and how that is going to affect that possibility. I understand that you visited the site and your feeling is there's enough roadway with paved width to accommodate opposing vehicles? MR. FEDER: I don't believe you've necessarily met the provisions as required by the PUD if that's your question, sir. No. CHAIRMAN HENNING: It does not meet the provisions? MR. FEDER: I don't believe that it does. You don't have the width that you normally would consider on standard roadway. CHAIRMAN HENNING: Okay. So, we're going to have to deal with that-- MR. FEDER: That's correct. CHAIRMAN HENNING: -- during -- during this process of this amendment. I don't have any further questions at this time. We will go to public speakers. MS. FILSON: Mr. Chairman, we have three speakers. Rose Zaleski. She will be followed by Judy Laws. MS. ZALESKI: I'm sorry. Judy Laws prefers to speak first if that's all right with you. CHAIRMAN HENNING: That's fine. You've got five minutes. And, ma'am, if you would step in beside her after she speaks, you Page 75 September 23, 2003 can have your -- your time at the dais. COMMISSIONER COLETTA: Chairman Henning? CHAIRMAN HENNING: Yes. COMMISSIONER COLETTA: Would it be possible for the speakers to identify where they live just for our reference point? CHAIRMAN HENNING: Sure. MS. LAWS: Good morning. My name is Judy Laws. Commissioners, ladies and gentlemen. I'm president of Watercrest of Falling Waters and I reside in Watercrest. I represent 98 unit owners and that is approximately one-sixth of the now occupied units in Falling Waters. It is unfortunate that Bay Water has chosen this time of year to apply for an amendment to the existing PUD. As all of you know, several of our residents are still up north. Unfortunately, unit owners, several of them, did not receive any information with regards to this -- this change taking place, myself included. I received nothing from Bays Water whatsoever. Thankfully, I did receive a letter from the county. The amendment to the PUD whereby Bays Water has obtained land south of Cope Lane and the ensuing very confusing letter sent to residents, which, kindly, I received a copy of, confused the entire issue of continued construction. I believe most residents were concerned that more than the original 799 units were going to be built. Fortunately, that is not the case and we now understand that the acquired land is for mitigation purposes only. We hope that no further building will be done on that land in subsequent years. What most unit owners do not understand, however, is how and why another pool has been proposed. The recreational facilities are leased by unit owners and the 98 unit owners in Watercrest alone pay $75,000 yearly to use that pool. There is an increase of five percent annually and with Bays Water Page 76 September 23, 2003 taking approximately three years to complete their construction, that becomes $86,800 for just 98 people. The introduction of a pool, the size of which I really do not know -- I had heard that it may be 25 by 40, with washroom facilities, a deck, ensuing parking, et cetera, will not come cheap. Even if Bay Water would on a good will basis be willing to include the pool at time of buyout gratis, the owners would still have maintenance fees for same. I believe that each unit owner should have a say whether by vote or whatever means possible on this issue. In closing, Bays Water, if indeed they go ahead and build a pool are spending our money on a facility that many unit owners are not in agreement with. And I might say I believe it was not on the original PUD. I hope the commissioners will propose a delay in proceedings until the majority of unit owners are here and able to express their views on this issue. I might also add I have copies of e-mails which I believe -- thank you -- I thank you for your time. CHAIRMAN HENNING: Thank you. Next speaker? MS. FILSON: The next speaker is Rose Zaleski. She will be followed by your final speaker, Robert Jenkins. MS. ZALESKI: Good morning, commissioners. I'm Rose Zaleski. I'm represent Falling Waters II. That's 90 unit owners and we were one of the first ones in Falling Waters. I would like to know -- it's known that our property owners are against a second pool at Falling Waters. I also would like to state that I have never heard a pool mentioned at any of the presidents' meetings which I attended. And Bays Water wants you to believe that the presidents voted to put this second pool in and it's not true. We have numerous people here behind us stating we do not want a Page 77 September 23, 2003 pool. I don't know if you want them to rise to show -- CHAIRMAN HENNING: Please stand up. MS. ZALESKI: -- they're here. Please stand those from Falling Waters. And this is only a partial amount of people because most of our people are noah and that's about all I have to say. Thank you. CHAIRMAN HENNING: Thank you. Mr. Jenkins? MR. JENKINS: My name -- my name is Robert Jenkins. I've been a resident of-- a full-time resident of Falling Waters since 1996. CHAIRMAN HENN1NG: Can you speak up a little bit, sir? MR. JENKINS: Would that mike be better? UNIDENTIFIED SPEAKER: Yeah. Sure. MR. JENKINS: My name is Robert Jenkins. I've been a full-time resident of Falling Waters since 1996. I pretty much -- Judy pretty much covered all the items that I feel -- and I was very, very happy to hear that Bay Water is willing to allow the residents the vote on whether the pool should be -- we should have a second pool or the present pool and other amenities should be improved. If in fact a compromise can be worked out where the residents can vote on whether to have a second pool or the present amenities are improved or nothing is done, I would be satisfied. I would have nothing further to say. CHAIRMAN HENNING: Thank you. Thanks for your time to forward the information over to the board of commissioners. Okay. Mr. Feder, I guess the -- how are we going to handle construction traffic on Cope Lane and accommodate the existing residents on this private easement to demonstrate any kind of construction? Page 78 September 23, 2003 MR. FEDER: I'm not sure I can totally answer the question, sir, but I'll try. First of all, I think what you need to require is that the improvements that were committed in the PUD be done up front and that they then, if in fact you allow construction traffic to utilize that roadway, that at the end of that term that it also be brought back to that state and meeting all the provisions of the roadway anticipated in the PUD. CHAIRMAN HENNING: Okay. Let's -- let's figure out the width. MR. FEDER: Normal roadway would be at least 11 feet, lanes to 22 feet. CHAIRMAN HENNING: Well, it's saying here, construction of one inch type S3 asphalt surface approximately 22 feet wide from County Barn Road poured to ten feet east of 5966 Cope Lane, approximately 3600 linear feet. So, is that a 20-foot wide -- MR. FEDER: I'm going to ask Ed Kant to come up here -- CHAIRMAN HENNING: Let me -- MR. FEDER: -- on the project that was done, but typically what you would want is 11-foot lanes out there. You could possibly go with ten. Again, this is a private facility, so let me -- let me ask Ed to try and answer your question. CHAIRMAN HENNING: When you visited that site in determining and looking at it, how wide would you say it is? MR. FEDER: I did not measure it off but I think you've got less than nine feet -- CHAIRMAN HENNING: Okay. MR. FEDER: -- in that area. CHAIRMAN HENNING: Mr. Kant? MR. KANT: Edward Kant, Transaction Operations Director. My recommendation would be a minimum of two 11-foot lanes Page 79 September 23, 2003 considering the fact you have some large truck traffic, although you have slow speeds and low volume. Normally with large trucks, it's a little hard to get 12-foot lanes but because you also have a constrained right-of-way there -- I shouldn't say right-of-way -- easement, I would think that 22 feet would be the optimum for that particular type of traffic. CHAIRMAN HENNING: Okay. Thank you. CHAIRMAN HENNING: commissioner Fiala? COMMISSIONER FIALA: If you put in a 22-foot road, where do you get the property from? MR. KANT: My recollection, again without benefit of having any paperwork in front of me, my recollection is that that's a 30-foot easement. There would be enough room barely to get the pavement and some side ditches. Frankly, it's not the best arrangement, but it does give a measure of -- of added safety as far as improving that road. Ultimately, that road would be left in place and so there would -- it would be better than what started out there about seven years ago when they started that project. Seven or eight years ago perhaps. So, if-- if they need to -- to work with those property owners, then -- you know, to help get that drainage improvement, that's something that they'll have to take into account. COMMISSIONER FIALA: And the same with the berm, right? I mean, the berm is -- well, Norm, you saw it. It's pretty seedy looking, isn't it? CHAIRMAN HENNING: Mr. Anderson? MR. ANDERSON: Yes, sir. CHAIRMAN HENNING: Is your client willing to improve Cope Lane to a 20-foot wide paved area and improve the -- 22 foot. MR. ANDERSON: Back to the construction from County Barn Road to the construction access entrance to Falling Waters off of Cope Lane, yes, sir. Page 80 September 23, 2003 CHAIRMAN HENNING: And can you point that out on the map, please? MR. ANDERSON: Gary Butler in the role of Vanna White. CHAIRMAN HENNING: Vanna, you're off the map. MR. BUTLER: County Barn Road is -- this is about right here on top of that. MR. ANDERSON: Pardon me? MR. BUTLER: County Barn Road is off the map about right here. This is Cope Lane that runs in an east-west direction. Our construction access is right here. We originally paved the road all the way back to this point for these three neighbors. CHAIRMAN HENNING: But in -- in the PUD you were supposed to pave it beyond-- MR. BUTLER: We paved it right to the eastern side of Shirley's driveway. And we're out there right now extending it an additional ten feet per her request at the planning commission meeting. CHAIRMAN HENNING: Is that 20 foot wide? MR. BUTLER: No. Back there it's about 16 feet wide. CHAIRMAN HENNING: Okay. Well, the original PUD says 20 foot. MR. BUTLER: It talks about paving over the existing lime rock road. This is a lime rock that weaves in between trees and things like that. There's-- CHAIRMAN HENNING: Let me read it to you and you tell me how you interpret it. Constructed one inch type S3 asphalt surface, approximately 20 feet wide from County Barn Road to ten feet east of 5966 Cope Lane. So, you tell me how you read that. MR. BUTLER: There was a portion of the original document that talked about paving over existing lime rock. CHAIRMAN HENNING: Correct. Page 81 September 23, 2003 MR. BUTLER: The lime rock from our entrance back tapers down toward the very end of the road where Shirley's house is, that's only 16 feet wide. CHAIRMAN HENNING: Okay. MR. BUTLER: I was out there myself last week. CHAIRMAN HENNING: Well, the language that I just read is -- I don't read 16 feet. And I -- and I know that you have new owners of this PUD. It doesn't matter to me. You still own the PUD, the new owners do, and have to apply MR. BUTLER: Yeah, we CHAIRMAN HENNING: understand. Okay. Mr. Anderson, is your client willing to pave Cope Lane 20 feet wide -- 22 feet wide just east of 5966 Cope Lane at its terminus to County Barn Road? Before construction. MR. ANDERSON: Mr. Chairman, we will either -- my client will either do that or discontinue use of Cope Lane. CHAIRMAN HENNING: Okay. You know, we're not -- we're not changing this document. We're not amending this language out of that document, so what I just heard from Mr. Butler, I think it was, you don't even meet the requirements under the PUD. Those are still in the document and enforceable by the county. The -- MR. ANDERSON: Well, you were -- you were widening it by two feet. CHAIRMAN HENNING: Pardon me? MR. ANDERSON: You were changing it by widening it an additional two feet. CHAIRMAN HENNING: Well, yeah. And what I read out of here, Mr. Anderson, it's supposed to be 20 foot wide. MR. ANDERSON: Approximately, yes. CHAIRMAN HENNING: Yeah. Well, 16 foot wide, is that approximate? You know. Page 82 September 23, 2003 MR. ANDERSON: You'll have to ask the engineers. CHAIRMAN HENNING: Yeah. And that's a matter of interpretation. I'm not -- I want to amend this -- no, I'm not going to amend it. I'm going to add new language because you're still going to have to improve it to approximately 20 foot and add new language if the -- it's used for a construction entrance, you will pave it to 22 foot wide from its ten foot past 5966 to County Barn Road. MR. ANDERSON: Okay. CHAIRMAN HENNING: And then -- and then repair it after construction is done at Falling Waters. MR. BUTLER: Can we leave the widening -- Gary Butler for the record. Gary Butler. Can we leave the widening from 20 to 22 up to the Cope Lane residents because we've got pine trees and things that the road is paved right up against right now. We've got swales on both sides, we've got a limited amount of right-of-way. I want to do that -- CHAIRMAN HENNING: You want to do what? MR. BUTLER: Let the Cope Lane residents decide if they want to widen it to 22 feet, because right now 20 foot is adequate for the amount of traffic. There's about 18 lots on this road. We own six of them. There's probably eight residences back there right now with no other future residents because we own the rest of the tracts. I mean, what they have out there is ten times better than what they had before we started. CHAIRMAN HENNING: Right, but it, in my opinion, it doesn't meet the PUD requirements. MR. BUTLER: Okay. There was another part of the PUD that talked about paving over existing lime rock. The existing lime rock is not there. There's a swale on either side of the road. So, it's a difficult proposition, particularly after the portion that Page 83 September 23, 2003 we're currently using. There's also some confusion about who owns the road. These deeds were deeded out originally with a reservation for right-of-way. Subsequent to that, according to Mrs. Riley, those were quitclaimed over to the county. So, we keep saying a private road. The road hasn't been accepted by the county, but there is county ability to do whatever they want to with that road. It is a public road at this point, not a -- not a private road. CHAIRMAN HENNING: Okay. Well, maybe I should say to county standards instead of 22 foot wide. MR. BUTLER: Thank you anyway. CHAIRMAN HENNING: The next thing, Mr. Anderson, is your client willing to -- on Tract W to petition the Big Cypress Basin to remove the conservation easement on that hundred foot right-of-way for the future Santa Barbara? MR. ANDERSON: Yes, we -- we would ask that the county join us. You might have a little more muscle than a mere private property owner to help get that accomplished. And it was my understanding from Mr. Feder's comments that the county would remain responsible as they would otherwise for the mitigation costs associated with that roadway. CHAIRMAN HENNING: Mr. Feder? MR. FEDER: Yes. And just a further clarification, we would seek for the developer to in fact vacate that hundred feet across Tract W. MR. MUDD: I got it marked. MR. FEDER: They provided a hundred feet to the north of there, as Jim is pointing, and the Tract W is that square and we do need to have them vacate by permit modification and then to provide that over to the county. We understand that once it's in county's ownership if in fact wetlands or other issues that needed to be mitigated, that we'll do that, but it is up to them to go and get for a modification and to vacate that Page 84 September 23, 2003 hundred feet to them provided to the county. CHAIRMAN HENNING: Okay. Mr. Anderson, is your client willing to have the master association poll the residents of Falling Waters on the amenity of the pool, the pool, swimming pool, whether they wish to have it or not with a majority vote plus one? 50 percent plus one. MR. ANDERSON: Well, yeah, as long as that's not inconsistent with the existing bylaws that govern the property owners association, yes. CHAIRMAN HENNING: Or would the petitioner -- the owner and developer is willing to petition the residents on the amenities, either or -- either -- either the association polls the residents or if they don't want to do it, then the developer will poll the residents. MR. ANDERSON: Oh, whether they -- on whether to build a second pool? Sure. CHAIRMAN HENNING: MR. ANDERSON: Sure. CHAIRMAN HENNING: Right. Commissioner Coletta. COMMISSIONER COLETTA: I just wonder if you might want to add that, it might be another part in that, that if they don't want a second pool, they can have enhancements made to the existing pool. CHAIRMAN HENNING: Yeah. MR. ANDERSON: (Applause.) MR. ANDERSON: There are -- We don't know what those are and -- and I -- I cannot commit to that part. Some of the things they've talked about, as I understand it, are -- there are physical practical problems with. I'd just point out that your Land Development Code, and before that your zoning ordinance, for as long as I can remember, has always prohibited the county from enforcing private deed restrictions. And that's -- there's a good rationale for putting that in the code because you guys got your hands full with your own regulations, Page 85 September 23, 2003 much less what private parties have bargained for. And we're on a slippery slope here and we -- we'll -- we're willing to either eliminate the pool entirely, the second pool right now, or put it to a referendum vote conducted either by the developer or the homeowners association, the residents themselves. CHAIRMAN HENNING: Mr. Anderson, I understand what you're saying. We require that you have neighborhood meetings to resolve these issues before it comes to the board of commissioners. This issue is not resolved. I mean, there are a lot of residents from Falling Waters with some concerns. So, I'm not sure what the density is on this added property that we want to put into this PUD. I understand it's an estate zoning and I think the estate zoning district in the Land Development Code is one that -- even for two and a half acres as a right. So, you do have some land use rights now. Hopefully we can resolve this issue. Commissioner Coletta and Commissioner Halas. COMMISSIONER COLETTA: I was just looking at this. I was wondering if maybe we should think about four laning Cope Lane and burying it underground. CHAIRMAN HENNING: Burying who underground? COMMISSIONER COLETTA: Cope Lane. In other words, having it as a tunnel underneath the ground so that we don't interfere with the public. CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER HALAS: I just want to get some clarification here. In the discussion with Cope Lane, I believe that the petitioner said that that was quick -- a quit claim deed to the county. Is that so? Does the county own that at the present time or what's the status on that? Page 86 September 23, 2003 MR. ANDERSON: Mr. Butler gave you a legal opinion which he's not qualified to do. COMMISSIONER HALAS: Okay. I just -- I heard that and I just want to get a clarification. It was apparently offered to the county, but it MR. ANDERSON: has not been accepted. COMMISSIONER MR. ANDERSON: COMMISSIONER MR. ANDERSON: HALAS: Because it's not up to standards. Well, I don't know why. HALAS: That's probably the bottom line. But it's not a public road until the county accepts it. I mean, a lot of people make those reservations in their deeds over the years. COMMISSIONER HALAS: Norm, could you please step up to the mike and let the -- let us know as commissioners what is expected of a person before he turn -- that road, a private road, what would be expected to bring it up to county standards, please. MR. FEDER: To be accepted by the county, it would have to meet the county standards. First of all, you've only got 30 feet of right-of-way there. Typically even for a two-lane roadway, we require at least 60 feet of right-of-way, so twice as much right-of-way as you have out there. You're required to construct to certain standards. I think Ed pointed out you ideally would want 12-foot lanes understanding that the right-of-way here is constrained. It's not 60 feet. We're looking at 11 because of the nature of the truck traffic. I realize the original PUD had ten-foot lanes. You don't even have that out there today. COMMISSIONER HALAS: So, what you're getting at here is that this, as Mr. -- Commissioner Henning brought up, that is the responsibility of the developer here -- MR. FEDER: It's all in the PUD previously -- Page 87 September 23, 2003 COMMISSIONER HALAS: MR. FEDER: -- yes. COMMISSIONER HALAS: MR. FEDER: Thank you. Exactly. Okay. CHAIRMAN HENNING: Okay. Any further questions, commissioner? MR. ANDERSON: Commissioner Henning, if I -- I would like to address myself to your-- your comments or concerns. The addition of the second pool was announced at the public information meeting. The second planning commission hearing was held after the public information meeting. Nobody from Falling Waters showed up to speak against the pool at the planning commission hearing and we were, you know, surprised as could be. CHAIRMAN HENNING: Mr. Anderson, I think the problem is that the public information meeting was held in the summertime and a lot of the residents in Falling Waters live in Canada or northern U.S. So, this is their second -- you know, this is a winter home so they're -- you know. MR. ANDERSON: Well, we thought we were doing a good thing by offering it up. CHAIRMAN HENNING: Well, I agree but, you know, we -- we need to -- I -- I think it's appropriate to find out what the residents truly want. MR. ANDERSON: We're -- we're -- CHAIRMAN HENNING: Okay? MR. ANDERSON: Mr. Butler has an engineering point he needs to ask about. MR. BUTLER: On -- on Tract W, we talked about deeding it over to the county and we're vacating the conservation easement and doing mitigation. The county is doing the mitigation, the actual deletion of the conservation easement over that 75 foot should be a part of the Page 88 September 23, 2003 permitting that the county does on Santa Barbara extension. It would be very difficult to vacate that conservation today. I mean, I'll talk to the district and see if it's possible, but I think it would be difficult to vacate that portion of that conservation unit today when the permitting hasn't even started on that for the management of that road. CHAIRMAN HENNING: Okay. Well, we're-- MR. BUTLER: So, we're agreeing to deed it. I think I can get permission to deed it to the county now. I'll agree to cooperate with the county to vacate that easement. The vacation is just a technical legal process. It's the mitigation for the road that's going to be the long upheaval and not just for that little small piece, the whole thing. CHAIRMAN HENNING: And the administrator from transportation said that they -- we would bear the cost of the -- the mitigation. Mr. Feder. MR. FEDER: For the record again, Norman Feder, Transportation Administrator. I am looking for them to go into a permanent modification to vacate. They do have other conservation property where they can address their overall project's mitigation with this hundred feet taken offofW. What I said that we would bear is then if that is in fact wetlands that we're taking that hundred feet, we know that we'll have to mitigate it if we come in and do a roadway. If it tums out that they have no ability to deal with it on their property, their overall requirements for mitigation, that's a separate issue that I believe they have it within their site to do that and we would request them to do that rather than leaving that to the county. CHAIRMAN HENNING: Okay. Don't go too far because we're ready to -- MR. FEDER: Yes. Page 89 September 23, 2003 CHAIRMAN HENNING: -- formulate a motion. MR. FEDER: Yes, sir. CHAIRMAN HENNING: Any further questions? Comments? I'm going to close the public hearing. Mr. Pettit, don't go too far. Motion to approve with staffs stipulations, planning commission's stipulations, not removing the language from the existing PUD on -- on any of these points, Cope Lane will be approved-- improved. If the PUD, Falling Waters uses it for construction lane, construction traffic, to county standards approved by the transportation engineer? Is that -- is that what it is? You know, I'm not saying that it's improved to the standards for public use but, you know, residential use, what we're looking at is safety and-- MR. FEDER: I think, commissioner, you specified as 22 foot width with-- CHAIRMAN HENNING: Right. MR. FEDER: -- travel lanes total, and that's probably your best shot. CHAIRMAN HENNING: Okay. I need some help with the -- either the developer or the association sending out a survey to the residents for the amenities of the pool. Mr. Pettit? MR. PETTIT: Commissioner -- I'm Mike Pettit for the record. I'm not quite sure what you're looking for. It sounds like the developer is prepared to cooperate with either process. The one question I would have is -- is what the bylaws of the association might require. I have no idea what those might be. It may be simpler for the purposes of your motion to put that burden on the developer to do that tabulation. MR. REISCHL: Mr. Chairman, If I could suggest-- Fred Reischl. If you take the language from the pool out, and then that would Page 90 September 23, 2003 leave it entirely in the developer and/or associations' hands instead of putting who's going conduct the vote in for the PUD. CHAIRMAN HENNING: You mean removing the amenity from the -- MR. REISCHL: Well, that was not in the PUD that we forwarded to the planning commissioners. It's the planning commissioners' motion. And we added that for -- for the board to see. But that was in the PUD prior to the planning commission hearing. CHAIRMAN HENNING: I don't get what you're trying to tell me to-- MR. REISCHL: If you just remove the language saying that the developer at the developer's cost will construct a pool in addition to the one that's existing, wording something to that effect. If you just strike that sentence, then -- and the developer has stated on the record here that they will conduct some kind of survey, I think that would suffice. CHAIRMAN HENNING: Okay. Or improve the existing pool to new condition until the last unit is sold in Falling Waters? MR. REISCHL: That's your choice. I just -- that was just my suggestion, so if you want to put in language, then you increase the size of the pool, that's your choice. CHAIRMAN HENNING: Yeah. I mean, there's -- if we're -- if you got amenities in an existing community, and you add more residents, there's going to be more burden on the -- on that amenity. MR. REISCHL: Sure. CHAIRMAN HENNING: In this case it could be lounge chairs or, you know-- MR. REISCHL: And just for your consideration also, most PUDs do not mention pools at all, so you can consider that also. CHAIRMAN HENNING: Tract W, conservation easement, the developer will -- MR. FEDER: The developer will provide the eastern 100 feet by Page 91 September 23, 2003 going in and conducting a reassessment of their permit, removing that hundred feet from the conservation easement and then providing that hundred feet to the county at no charge. CHAIRMAN HENNING: And the county shall -- MR. FEDER: The county shall provide for whatever mitigation is required on that hundred feet once it's been vacated from the conservation easement. CHAIRMAN HENNING: And what about the permits or the application for that? MR. FEDER: The application for the permit reassessment needs to be by the developer to vacate that 100 feet conservation easement and then to provide it to the county at no cost. COMMISSIONER HENNING: Okay. Did I forget anything, commissioners? Commissioner Fiala? COMMISSIONER FIALA: Yes. If they don't-- if Falling Waters does not use Cope Lane for construction traffic, I would like to -- to guarantee that they'll bring it up to the quality that they had promised in the PUD and put a deadline on -- CHAIRMAN HENNING: Yeah. COMMISSIONER FIALA: -- when that will be done. CHAIRMAN HENNING: Yeah, it's still there, commissioner, and it's enforceable by the county. We're not removing that language at all. COMMISSIONER FIALA: I just meant -- I just meant the condition it's in now, the berms that are -- that haven't been maintained and the -- the paving or the -- yeah, paving that was supposed to be done hasn't been done. CHAIRMAN HENNING: Right. It's all here. And, again, we're not removing that, so if they choose not to, they still need to abide by the PUD. Marjorie Student? Page 92 September 23, 2003 MS. STUDENT: Thank you, Mr. Chairman. I just wanted to clarify for the record that this is a PUD to PUD rezone, what we're really doing is taking some provisions from the old PUD and carrying -- putting them again into the new PUD, including the condition about Cope Lane. And I just wanted to make that clarification. CHAIRMAN HENNING: Okay. Is-- COMMISSIONER FIALA: Can we put a time limit on that when they should -- because they haven't done that yet. MR. REISCHL: That's -- that's a good point -- Fred Reischl again -- to have a time when those improvements will be done. Do you want it prior to COs, prior to building permits? That would, you know, tie it to something so that they would have to have it done before their-- CHAIRMAN HENNING: It's an existing commitment, so prior to permitting. MR. REISCHL: Right. Issuance of a building permit. CHAIRMAN HENNING: Okay. Is there a second to the motion? COMMISSIONER FIALA: Second with that. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Commissioner Fiala wants to -- CHAIRMAN HENNING: Okay. Do you have any questions? COMMISSIONER COLETTA: No. You did an excellent job. CHAIRMAN HENNING: Miss Student? MS. STUDENT: Was the condition prior to the issuance of a development permit? And my question would be what kind of development permit and for what, so it's not some open-ended, just any development permit. That's all. MR. REISCHL: Mr. Butler suggested prior to approval of the site development plan. CHAIRMAN HENNING: Great. Page 93 September 23, 2003 All right. Motion by Commissioner Henning, second by Commissioner Fiala. Any discussion on the motion? Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? Motion carries five zero. Commissioners, it's 12:00 noon. Do you want to take a lunch break? COMMISSIONER COLETTA: Yep. COMMISSIONER FIALA: Uh-huh. CHAIRMAN HENNING: Of an hour? COMMISSIONER COYLE: Yeah. COMMISSIONER COLETTA: Yep. COMMISSIONER FIALA: Uh-huh. CHAIRMAN HENNING: We'll be back at 1:00 o'clock. (A recess was taken.) CHAIRMAN HENNING: Board of Commissioners are back in session. Item #8C ORDINANCE 2003-51 REGARDING PETITION PUDZ-2002-AR- 3495, CHRISTOPHER D. HAGAN, P.E., OF JOHNSON ENGINEERING, REPRESENTING V.K. DEVELOPMENT CORP., REQUESTING A REZONE FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS WENTWORTH ESTATES PUD. THE CURRENT PUD IS KNOWN AS LELY LAKES PUD AND CONSISTS OF RESIDENTIAL AND COMMERCIAL USE. THE PROPOSED PUD WILL CONSIST OF Page 94 September 23, 2003 MIXED USES FOR A MAXIMUM OF 1,499 RESIDENTIAL DWELLING UNITS, 85,000 SQUARE FEET OF COMMERCIAL USES, 18-HOLE GOLF COURSE AND ASSOCIATED AMENITIES. THE PROPERTY TO BE CONSIDERED FOR THIS REZONE IS LOCATED ON THE SOUTHWEST SIDE OF TAMIAMI TRAIL EAST (U.S. 41) APPROXIMATELY 1-1/4 MILE SOUTHEAST OF THE INTERSECTION OF TAMIAMI TRAIL EAST AND RATTLESNAKE HAMMOCK ROAD (C.R. 864'} - ADOPTFD W/STIPI II,ATIONS Next item is 8-C. This is -- go ahead. MR. MUDD: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. It's PUDZ-2002-AR-3495. Christopher D. Hagan, P.E. of Johnson Engineering, representing V.K. Development Corp. requesting a rezone from PUD to PUD, Planned Unit Development, to be known as Wentworth Estates PUD. The current PUD is known as Lely Lakes PUD and consists of residential and commercial use. The proposed PUD will consist of mixed uses for a maximum of 1,499 residential dwelling units, 85,000 square feet of commercial uses, 18-hole golf course and associated amenities. The property to be considered for this rezone is located on the southwest side of Tamiami East, U.S. 41, approximately one and a quarter miles southeast of the intersection of Tamiami Trail East and Rattlesnake Hammock Road, which is County Road 864, in Sections 29, 30, 31 and 32, Township 50 South, Range 26 East, and Section 5, Township 51 South, Range 26 East, Collier County, Florida, consisting of 1,558.49+/- acres. CHAIRMAN HENNING: Before we swear everybody that's going to participate, let's go to ex parte communications. All my communications, besides talking to our staff, is in my ex Page 95 September 23, 2003 parte communication file and can be viewed by anybody from the public. Commissioner Halas. COMMISSIONER HALAS: Anderson and also the developer. Yes. I've talked with the -- Mr. I've also talked with the County Manager and I've talked with legal staff on this. And all my ex parte is in the file. CHAIRMAN HENNING: Commissioner Fiala. COMMISSIONER FIALA: Yes. I have extensive things to report. I've gone to neighborhood meetings. A number of them. East Naples Civic Association meetings. I have met with the developer many, many, many times. I have spoken with Rookery Bay a number of times, with The Conservancy. I've received letters and E-mails. Let's see. I know there's something else in here, too. I think that's it for the time being. And I have everything in my file here, as well. Oh, and I did some background research on the developer because they are brand new to this community and I've never heard of them before. And before I got into this, I wanted to see what kind of developers they were in Wisconsin. So I even did that. CHAIRMAN HENNING: Thank you. Commissioner Coletta. COMMISSIONER COLETTA: Yes. Thank you. I have met with the -- Bruce Anderson and Chris Hagan, also with petitioner. Correspondence with Gary Lytton and Ed Kant. And my folder is up here for anyone to look at if you care to. And I met with the County Manager. CHAIRMAN HENNING: Commissioner Coyle. COMMISSIONER COYLE: I have met with the petitioner and his legal representative. I've also met with Mr. Gary Davis of The Conservancy of Southwest Florida. I have several letters and other Page 96 September 23, 2003 correspondence in the file for review. CHAIRMAN HENNING: Okay. Would all participants wishing to give statements please rise, raise your right hand, and be sworn in by the court reporter. (The speakers were sworn.) CHAIRMAN HENNING: Mr. Anderson, is this your item? MR. ANDERSON: Yes, sir. Pleasure to see you all again. For the record, my name is Bruce Anderson. I am pleased to represent V.K. Development Corporation of Wisconsin, the applicant and contract purchaser of the property, which is the subject of this application. With me today to help answer any questions that you may have are Vincent and Sanjay Kuttemperoor, two of the principals of V.K. Development; Chris Hagan, project engineer from Johnson Engineering; and other members of the project's professional team who testified at the Environmental Advisory Council and County Planning Commission hearings. The Environmental Advisory Council unanimously recommended approval. Planning Commission recommended approval by a six to two vote. And my client has accepted the stipulations of these two groups and they are incorporated into the PUD. The subject property is 1,558 acres zoned PUD, currently known as the Lely Lakes PUD, and includes approximately 514 acres that are now owned by' the State of Florida and utilized as part of the Rookery Bay Reserve. Privately owned acreage within the PUD is 1,044 acres approximately. The existing PUD allows ten acres of retail commercial uses and 749 dwelling units, including a hotel resort village with 150 rooms, related commercial uses, restaurants and meeting rooms and two golf courses. The Collier County comprehensive plan allows a density of three Page 97 September 23, 2003 units per acre on the subject property. This PUD amendment eliminates the hotel resort village uses and seeks approval for a maximum of 1,200 dwelling units, which equates to a density of.77 units per acre when you include the State-owned lands within the PUD boundaries or a density of 1.16 acres -- units per acre without counting the State-owned lands. However you count the density, it is less than half of the three units per acre that the comprehensive plan clearly allows on this property. The PUD amendment almost triples the amount of preserve areas that are not owned by the State within the PUD. It goes from 105 acres in the existing PUD to approximately 307 acres in the PUD amendment as proposed. The project team has coordinated closely with and met numerous times with the Florida Department of Environmental Protections, Rookery Bay Reserve staff to try and establish good neighborly relations and communications with them before this project was ever filed with Collier County. My client has committed to the Rookery Bay staff to continue the good working relationship that has been established and to that end will offer an educational program to residents of the development about the mission and special nature of the Rookery Bay Reserve. Project team members have met with representatives of the Florida Wildlife Federation to address wildlife crossings by consulting -- agreeing to consult with the Florida Fish and Wildlife Commission. And they have met with the Collier County Audubon Society and have agreed to add two more acres to the proposed gopher tortoise preserve. We're aware of the comments that have been submitted in the past by The Conservancy of Southwest Florida, my client having met with them several times. My client has addressed their concerns as of now. Their concerns on water quality, density and other issues. It is my understanding that The Conservancy will withdraw their prior Page 98 September 23, 2003 objections to this petition on the public record today. My client has agreed to reduce the density to 1,200 units and to include in the South Florida Water Management District permit water quality monitoring criteria and enforceable limits, the details of which will be worked out in consultation with The Conservancy and the Rookery Bay Reserve staff. As to transportation issues, my client has agreed to pay half of the road impact fees for the entire project when the first plat is recorded. This gets the money to the County for roads much earlier than would otherwise be required. My client has also agreed to pay $392,800 for road improvements to the surrounding transportation network, which payment is in addition to impact fees. V.K. Development has also committed to bring Southwest Avenue up to County standards by widening it from 20 to 24 feet, enclosing drainage within the right-of-way, and adding sidewalks and streetlights. Estimated value, $350,000. And they have committed $250,000 approximately to help make up a funding shortfall that the County currently has to install streetlights along U.S. 41 from Broward Street to Collier Boulevard. Almost $1 million in transportation improvements and prepayment of road impact -- 50 percent of the road impact fee payments. My client has more than met their transportation responsibilities. With regard to Collier County stormwater management, my client has had several meetings with the director, the staff, and the County consultants to coordinate project development with the Lely area stormwater improvement plan. To that end, they are providing easements along the perimeter and throughout the site to support the proposed improvements. My client has agreed to pay for the construction and maintenance of the stormwater pump within the plan area necessary to rehydrate the wetlands and provide flood protection. And they've also agreed to coordinate a water quality monitoring program with the County's Lely Page 99 September 23, 2003 drainage basin staff, Rookery Bay, and The Conservancy and the environmental permitting agencies to support the County's drainage project in that area. Lastly, my client has consulted early and often with members and leaders of the East Naples Civic Association, who, as I understand it, support this petition and hope that it will be an up-scale residential community that raises the property values in the surrounding areas. Unfortunately, the designated representative from the East Naples Civic Association could not stay for this afternoon's session. Mr. Robert Murray. He did speak with the Planning Commission hearing and authorized me to state that he would reiterate his support and comments that he made at the Planning Commission in support of this project. I want to thank you for your time and urge you to approve this petition, which truly is the product of community consensus building by V.K. Development. I will be pleased to try to answer any questions that you may have or refer them to the appropriate member of the project team for response. CHAIRMAN HENNING: Questions by the Commission. COMMISSIONER HALAS: I've got a number of questions. To start off with, you stated in your presentation that you're looking at using the 1,558 as the total density which brings you up to .96; is that correct? MR. ANDERSON: No. Your last number is wrong. It's .77. COMMISSIONER HALAS: Okay. This is with the new revised 1,200 units? MR. ANDERSON: Yes, sir. COMMISSIONER HALAS: But the problem is that 557 acres was sold to the State of Florida for approximately $5.1 million. And so, therefore, as you stated, you've got 1,044 acres and that brings you up to, you said, to a density of-- MR. ANDERSON: 1.16. Page 100 September 23, 2003 COMMISSIONER HALAS: 1.16. Okay. Looking through the archives and going through the old PUD, it was established at that point in time that because of the sensitivity of this whole area here that the density for the total amount of land at that point in time, which was the 1,500 acres, was established at .48. It also was established in -- I can tell you that the minutes were from 10/13/98. If that land was to be sold-- the 557 acres -- the maximum density in that property with the total amount was established at 749 units. And that also included the 150 units from the hotel, which gave it a total number of 749. And it was also put in the record that if the 557 acres was to be sold to the State of Florida that the amount of units had to be reduced accordingly to stabilize or to come up with .4 units per acre. So, therefore, if this is the case, then you're down to about 520 units. And this was stated in the -- in the March -- excuse me -- October 13, 1998. And this was the established PUD. And, in fact, at the time it was Joe Ryan and there was -- Commissioner Norris, Constantine at the time were on the Commission. And if I can just quote here. "Mr. Ryan: My name is Joe Ryan with Lely Development Corporation. If I represented it that way, it was a mistake or was miscommunicated. That our intent was always for a total of 749 units, of which 150 could be a hotel." "Commissioner Norris: 150." "Mr. Ryan: Up to 150. So never going over that total of 749 units." And as we get into some other things here -- basically, again, this is Commissioner Norris. And he says, "Now that we're saying the -- some of the residential portion of the PUD -- the Lely Lakes PUD, it's your negotiation to selling that off to Rookery Bay." That's the -- we're talking about the 557 acres. "Mr. Rankin" -- I believe, who was working with one of the Page 101 September 23, 2003 developing companies at that point in time -- "that's correct." "Commissioner Norris: So those units will be lost from the PUD; those residential units." "Mr. Rankin: I didn't say it that way, but I know that the program that we are going to be proposing will be for fewer units and fewer acres. So, therefore, there is a correlation there. I don't know if the actual density per acre is going to be the same or reduced, but it won't be increased." So I guess where I'm coming from on this is that we're going from roughly 520 units after the land was sold to now we're -- originally we're at over 1,400 units and, I believe, we're down to 1,200 units. And I feel strongly that this is a very sensitive wildlife environment. And, obviously, these commissioners that were involved with the original PUD realized that this also was a very highly sensitive area being that's part of the coastal high hazard area and felt that they have a commitment to the citizens of Collier County whereby they want to make sure that we don't have a situation where we can't get people out of there in an undue -- in undue time in case of an emergency. So, I guess, where I'm going on this is that I feel at this point in time that even 1,200 units is too dense for the area. And, obviously, former commissioners that sat up here also felt that also. MR. ANDERSON: Well, if I may provide a brief response. The minutes from the past meeting are interesting, but they're not binding on the new application or a PUD amendment. When an undeveloped PUD -- when a PUD amendment is sought for an undeveloped PUD, as you so frequently tell me, the entire PUD is opened up. And opening it up, it cuts both ways. The new PUD is a vast environmental improvement over the existing PUD. They have made other commitments -- public benefit commitments, as well. Those items are expensive and that's how they'll be paid for. Page 102 September 23, 2003 And I would, again, remind that your comprehensive plan sets a ceiling of three and we're below half that, even excluding State lands. COMMISSIONER HALAS: Also -- oh, I'm sorry. COMMISSIONER FIALA: If you don't mind. And I really respect your concern over the density. And that was a concern of mine, too, as we went into this. I was very happy to be in on the leading edge of this thing. Before they even decided to purchase the property, they wanted to see what the -- what all the -- what the value of the property would be and what things that they would have to overcome. Well, as soon as I heard that they were even going to do this, I ran right over to the Rookery Bay area and wanted to see how it would affect Rookery Bay. Because I'm really concerned with the environment, especially in that area. It's so sensitive. And the Rookery Bay people started working with them. We found, as it said in the EAC report -- Ed Carlson said of all of the projects that have come before him since he's been sitting on the EAC this is the first one that has ever been so environmentally sensitive and responsible. That impressed me in itself. The people in Trail Acres were very concerned with the traffic -- construction traffic on their street. And I can't blame them for it. I have a relative that lives down there and a friend that lives down there. And it gets terribly flooded. And so I was really concerned. Well, they're not going to take the construction traffic down that street. Not only that, because they're not going to take the construction traffic -- they didn't even have to do anything with the street and they're fixing it anyway. And they're fixing the flooding anyway, which has been another problem. And they're even going to put a light up on U.S. 41 for the people in Trail Acres, which is something that they've wanted, Whistler's Cove people have wanted. I've never seen a community work so hard to -- to not only appease, but to please the rest of the surrounding communities. And I Page 103 September 23, 2003 just -- it's very seldom I ever speak in favor of a development, but this one I really am. It's going to be wonderful to us, for us, and with us. COMMISSIONER HALAS: I'd also like to interject, too, and I feel -- I understand where you're coming from, but I also feel that as a County Commissioner we have a responsibility for the safety, welfare, and being of the people here. And I'm concerned that with all of the development that's scheduled for that particular area -- and we know that's coming up on-line -- that the density issue starts to take effect about how much more density are we going to put in this area and also the fact that -- dealing with safety and welfare issue. Since this is a coastal high hazard area, I'm concerned that if we ever need to evacuate people from this area their only way in and out of here is basically U.S. 41. And if you look, there's really no roads that mn north, other than 951. And I'm sure that with the development on 951, if we need to move people out of here, we're going to have a problem with adjusting to get people out of here on a timely manner in case we ever needed to. So that's one of the reasons that I feel that it's important that we look seriously at this -- the amount of impact that we're going to put on this area. And I realize that Rookery Bay has looked at this, but I also look at the fact that I'm concerned about if we need to evacuate people. We just don't have the roads there at the present time. And I feel that we ought -- even though the PUD is opened up, yes, everything is for discussion. And that's why I brought up the fact that we started off with .4 units per acre. And this is back in 1998 when we didn't have a lot of heavy development. But, obviously, those commissioners realized that this is a very sensitive area. And the other thing that I'd like to also address is I'd like to see building heights come down. I realize that the petitioner has taken it on himself to lower the building heights to 90 feet. I'd like to see that lowered to 75 feet. I think that's what the two dissenting votes on the Page 104 September 23, 2003 Planning Commission was that two of the parties on the Planning Commission felt that the building height should be at 75 feet. The reason I say that is because we recently just approved a PUD down there at Lands End and we also asked that that developer lower his building heights to 75 feet, which he very much said that he would do. So that's where I stand with this. COMMISSIONER FIALA: Can I respond to that for just a moment or maybe I shouldn't.9 CHAIRMAN HENNING: I guess it's up to. I don't see any sense in it, but feel free, if you want to. COMMISSIONER FIALA: All right. We have Rookery Bay people here in case you would like to hear from them as to how they feel. Originally they had thought about putting 20-story buildings in there. And I said, you know, 20 story wouldn't even go. And so then we talked a little bit and we got it down to ten stories. But I said I can't even go with that because I have to first talk to the people at Rookery Bay. They're the ones that are going to be affected mostly. And when talking to Rookery Bay -- I talked with Gary Lytton and he had a few staff people there. We discussed it at length. And I had discussed it with him again later. And they felt that that would be something that was acceptable. What they were concerned with is the berms that they need to do, the birds that are flying and so forth. They wanted to make sure that it wasn't a -- detrimental to them. And they gave their blessing, as you can see. Judy is nodding her head over there from Rookery Bay. So that, I thought, was great. They gave half of what they were going to originally build. And as long as it met Rookery Bay's requirement-- because that's what I'm concerned with is Rookery Bay. I want to make sure that nothing hampers that sensitive environmental area. And that was good with me. And I -- as far as the transportation, I was really concerned with Page 105 September 23, 2003 that, too. At first they had 1,499 units. For the sake of round figures, let's say 1,500. And they've dropped that 300 units. And I felt that with all of the things that they're going to be doing for the community that they probably need that many units in order to help to pay for that stuff. And they're going to do a great deal, as Robert Wiley will probably tell you, for our stormwater management, as well, to help that Lely basin and work with the Sabal Bay area. So, to me, they had so many good things that outweigh the density that I could go along with that. CHAIRMAN HENNING: Commissioner Coletta. COMMISSIONER COLETTA: I personally found it quite remarkable that so many people from the environmental community signed on to this. And some people from the Environmental Advisory Council spoke very high praise of it, one even saying the fact that he had never seen a project that was so worthy as this particular one. When you hear those kinds of comments, especially Ed Carlson coming out very heavily in favor of it, you know, I have to lean on the expertise of those people. And I had great concern when The Conservancy had objections. And they've come forward since then and those objections have been met. And I appreciate the fact that because of their objections the count -- the density has been reduced by almost 300 units. I see this as a positive thing. I mean, we seem to have everyone in agreement that we've got a great project going forward that's going to meet a whole bunch of needs. That's my own personal feeling. CHAIRMAN HENNING: Okay. Everybody -- you want to go to public speakers now or does somebody else have a question or comment? Commissioner Coyle. COMMISSIONER COYLE: I would just assume hear from public speakers before I make my comments. MR. REISCHL: Mr. Chairman, if I could put one statement on Page 106 September 23, 2003 the record. Fred Reischl, Planning Services. In the body of the ordinance that you have in front of you there was an inconsistency with the legal description in the title. The title was advertised correctly. I just wanted to point out that inconsistency for the record. Obviously it will be corrected. CHAIRMAN HENNING: First public speaker. MS. FILSON: Mr. Chairman, we have eight speakers. The first one is Tondia Raymond. She will be followed by Esther Van Lare. CHAIRMAN HENNING: Ma'am, before you say anything, I just want to tell you that we're just like you. You don't have to feel nervous or anything like that, so speak your mind. MS. RAYMOND: Well, my name is Tondia Raymond. And actually I'm -- I've lived in the neighborhood for 19 years. I've been in Florida for 22 years. I have gone around -- at first this was -- it was really terrifying for our neighborhood because you have to realize this has been a very laid-back community for many years. Most people didn't even know we existed. I mean, we've had bulls let loose in the street because we had a cow pasture. So, you know, this has taken our residents a little bit of time to get used to. And from what everything is being stated by these gentlemen, I do think-- it sounds like it's a wonderful idea. I wanted to see what exactly is going to be committed to the PUD because I don't want, you know, to be promised the world and not get yesterday's newspaper. I do have these sheets that I have gone around to all of our neighbors. And that was a feat in itself. MR. MUDD: I'll pass them out. MS. RAYMOND: And I told them the only thing constant is change, especially in real estate. But if the change is done correctly and efficiently, it can be a good thing for our community, for Wentworth, for Whistler's Cove, especially with our traffic light hopefully coming in the future, and having the DOT work with us on Page 107 September 23, 2003 that. As we now know, there is no construction traffic. Our community would really rather not -- their maintenance workers be coming through our neighborhood and have it be gated as in, like, Foxfire. Foxfire has their own residential community gate and then they have the other gate which allows the service workers, real estate people, everyone come in there, okay? Because, I mean, we -- I have 18 children on our street alone, okay? There are lots of kids in this neighborhood. Kids, cats and dogs. And it's just been that way for a long time. I just wondered on all these issues that the residents are concerned about what will be fulfilled, what will be committed to the PUD. But I think the gated -- for the residents to only be able to come in from Southwest Boulevard, it would be a great issue because of lawn maintenance, pool workers, so on and so forth. CHAIRMAN HENNING: Any questions by the Commissioners? Anything else, ma'am? MS. RAYMOND: Pardon? CHAIRMAN HENNING: Anything else you would like to say? MS. RAYMOND: No. That's it. CHAIRMAN HENNING: Thank you. MS. RAYMOND: Also, Glenn Forbes, who has spoken before, ended up in the hospital. And he has a letter here. He said, "If allowable, I would like our representative, Donna Fiala, to read this into the record with thanks of many residents," blah, blah, blah. So do you want to take this? CHAIRMAN HENNING: Yeah. Just give it to the County Manager. MS. RAYMOND: Thank you very much.' CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Esther Van Lare. She will be Page 108 September 23, 2003 followed by Law Jackson. MS. VAN LARE: I'm Esther Van Late. Before coming to Naples and making this my full-time home, I lived in Brookfield, Wisconsin for over 30 years. And I was interested that Commissioner Fiala had called and decided to look up there and see what they had done. I met Vincent when I was president of the school board. He came before us and wanted to do something with some land and that was my first encounter with him. And I am here this morning to speak in favor of Wentworth Estates. I believe East Naples deserves this kind of a high-caliber project. I would like you to know what I know about V.K. Development, the company, and Vincent Kuttemperoor, the man, and his family. I believe that the quality of the people behind the project is as important as the quality of the project itself. After my initial introduction to Vincent when I was on the school board, I crossed paths with him many times over the years after I started selling real estate in Wisconsin. As a Realtor in Brookfield, I never worked for him, but I sold many of his homes to my high-end buyers. And all of my buyers spoke very highly of him and of the quality of V.K. Homes. If there was any problem ever-- and in Wisconsin we have a lot of problems with leaky basements and things. But if there was a spot of dampness on the walls, Vincent would be out there making sure that everything was taken care of, that the grading was corrected, whatever was done. And he personally was very involved in all of it. He has -- his developments up there are some of the most prestigious in the greater metropolitan Milwaukee area. As a former professor of mathematics, physical and nuclear engineering before becoming a home builder in the 1970s, Vincent is extremely detail-oriented. He strives for perfection and he's demanding of himself and of others. He has always carefully Page 109 September 23, 2003 developed land to preserve the natural environment. He's always worked closely with city government to accomplish what will not only be good for V.K. Development, but also what will be good for the community. The Green Bay mayor called Vincent, "One of the most honorable people I've ever worked with." The Port Washington mayor said, "Vincent and his sons have been very open to working with us, interested in what we are trying to accomplish." Another community development director in Wisconsin said, "What we have found is that they truly do have the community's interest at heart. They don't believe in development at any cost. They are very strong in their integrity and they are men of their word." The general manager of one of V.K.'s lumber suppliers said of Vincent, "He's probably the most dynamic, hardworking, energetic person he's ever met." And I would agree with that. The Brookfield mayor said, "I think we would be shortchanging ourselves if we didn't have people who want excellence, like Vince, taking a part in the growth of this city." May I say that I think the same can be said for Naples. V.K. Development and the Kuttemperoor family have given much back to their community in Wisconsin. They have made substantial donations to the new center for the arts, the new surgical center at St. Catherine's Hospital, soccer fields, church activities, Fourth of July fireworks displays, a senior citizen taxi service, affordable senior housing, memorial for fallen police and firefighters, the creation of parks, the preservation of historic buildings and wetlands, little league, an endowment fund for the benefit of the St. Ann Daycare Center, an endowment at the Brookfield Academy, and the list just goes on and on and on. I could quote articles written about V.K. and testimonials from homeowners, bankers, government officials and countless others from Wisconsin, but this is not Wisconsin. This is Naples. And we have Page 110 September 23, 2003 very many high-quality developers here already and some wonderful developments. I believe there's room for one more. And I hope you will vote today to give East Naples a chance to see what Vincent Kuttemperoor and V.K. Development can do for this community. About a year ago I discovered that Vincent was looking for a home for his family here and for land to develop. I had heard about this parcel and I told him about it and he took it from there. I'm excited at the prospect of a V.K. Development here in Naples and I know Vincent and his sons will do everything they can to preserve the beauty of our natural surroundings, as they did in Wisconsin, while creating jobs, increasing property values and enhancing the already wonderful quality of life that we have here in Naples. You can see from the project description-- and if I know Vincent, you probably have been inundated by volumes of information about the project and about what they will do. And you will also hear from other people, I'm sure, from Rookery Bay that this developer is committed to working with everyone concerned toward the completion of a high-quality, low-density area of beautiful residences while preserving, protecting and enhancing the natural environment, resources, wildlife and wetlands, improving the regional drainage, and promoting environmental education. And I don't know what more we can ask. So I urge you to vote in favor of the V.K. Development and its first contribution to Naples. Thank you. CHAIRMAN HENNING: Your name again, ma'am? MS. VAN LARE: Esther Van Lare. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Law Jackson. He will be followed -- she will be followed by Michelle Penrod. MS. JACKSON: Good afternoon. First, for the record, it's Jan Jackson, J-a-n. Law? No. Page 111 September 23, 2003 I live at 1347 Seventh Street, Trail Acres. And I have done so continuously since 1978. After attending two meetings on -- an information meeting and the Planning Commission meeting concerning V.K. Developers, I'm quite pleased with what we've heard. The improvements to Southwest Boulevard are exactly what that area needs; widening sidewalks, lighting. And I just want to tell you that I can think of no other developer I'd rather see to take care of this land than V.K. Developers. And basically that's it. Thank you. MS. FILSON: The next speaker will be Michelle Penrod. She will be followed by David Tricker. MS. PENROD: Good afternoon. For the record, I'm Michelle Penrod. I think that Esther has pretty much summed up what we were talking about. There is another thing that someone hasn't mentioned. V.K. Development has also decided to put in a bench for our children for the school buses. If you could see our bench now, it's made out of cinder block and wood and these children have to sit there and wait for the bench (sic). And when it rains, they're in water. We talked about the traffic light. And we all know that DOT -- as we get more people that live in the area, we will get a light. I work very hard, my husband works very hard, and we are very proud of our home. And I know this is going to bring the value up of our home. I've personally spoken with Vincent and Sanjay myself and they are wonderful people. They are good Christian people. We all must remember, too, that we do not live in a perfect world. I think that if we all work together on things that we want in Trail Acres and -- we can do this. As Jan said, I don't think there's a better developer out there than V.K. Development. I think he's the man for the job and I am all for it. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is David Tricker. He will be Page 112 September 23, 2003 followed by Gary Davis. MR. TRICKER: Good afternoon. I'm David Tricker. I'm a real estate broker, developer, and home builder. And I came to petition with praise for our developer, V.K. Development, here today. And, alas, my predecessors have probably said just about all the wonderful things that are possible to say. I'm bound to state, however, that I believe the credentials and qualifications of V.K. Development are exemplary. I think it's also prudent though to mention that in developing our great Collier County we must realize that developments of this type, of this caliber, not -- don't just enhance the immediate neighborhood, but they go a very long way to enhancing the entire County. If we review, perhaps, the past five or six years and consider what has taken place in North Naples, most certainly we all must hope that the same would ensue for this part of our town. I believe that the master plan that V.K. has developed that you've seen here and other individuals from the V.K. team have described to you really exemplifies truly what is the best. When put into the context of a developer that embraces environmental sensitivity, embraces providing a master plan that is structured, to deliberately provide the best amenities for the ultimate residents of that amenity, so it would be -- it would behoove me to request that you approve this petition and revision. And considering Commissioner Halas' comments and referencing Joe Ryan -- actually, Joe Ryan and I were associated together back in those days. And when that original petition for that 749 was set forth, it was with a totally and completely different plan in place. The plan today far surpasses that in so many ways. The ways that have already been described to you by the V.K. team. So I strongly support what they're hoping to do. I strongly support Wentworth Estates and I hope that you will do the same. Thank you for your time. Page 113 September 23, 2003 CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Gary Davis. He will be followed by Howard Taylor. MR. DAVIS: Gary Davis of The Conservancy. I just want to mention I haven't been sworn. I came in a little late, so -- CHAIRMAN HENNING: Do you want us to swear at you now? MR. DAVIS: I certainly have had enough of that on this particular project. CHAIRMAN HENNING: I'm sure not as much time as the five of us. COMMISSIONER COYLE: Maybe we can save some time, Mr. Davis. They've said that you've approved building heights up to 200 feet. CHAIRMAN HENNING: Would any further participants on this item please raise your right hand and be sworn in by the court reporter. (The speakers were sworn.) MR. DAVIS: Okay. Let me just start by saying that The Conservancy has appreciated the cooperation and the attitude of V.K. Development in trying to work out the issues with this project. We want to remind the Commission that the Department of Environmental Protection is not the only voice for Rookery Bay. The Conservancy helped preserve Rookery Bay in the beginning and we helped buy much of the land that's now part of the Rookery Bay Reserve. And we still own 78 acres of land in Rookery Bay, so we would like to continue to defend this area. And that's why we've been so active on this proposal. Secondly, I will say that, yes, our concerns have been met and that we're withdrawing our objections on this project. I will echo some of the sentiment that Commissioner Halas raised though about density in this area. That was one of our major concerns was that this was an environmentally pristine area that we should not be, in general, Page 114 September 23, 2003 increasing density in this area. There is the potential for 10,000 new people to be living adjacent to Rookery Bay with the developments that have been approved or are in the works. So that was our concern. But with the reduction to 1,200 units and with some of the other environmental concessions that have been made on the project with -- particularly with the area of preserves as compared to the previous development, we're okay with the density on this project. And we will withdraw our objection to that. But think of this in terms of the big picture. That if we build out -- the whole County, according to the growth management plan as it existed a couple of years ago -- because that's the last time this estimate was made -- we would have about 780,000 residents in this County. So whenever we have the opportunity to minimize the density in an area like this, we should take that opportunity. The second concern that we had -- that we raised in our written comments to the Commission was water pollution. The Rookery Bay waters are considered outstanding Florida waters and their-- the State law says there shall be no degradation. Our problem is that the Water Management District permits typically don't really ensure no degradation. And if we defer to the Water Management District on water pollution issues, we don't have the kind of assurances for the protection of Rookery Bay that we need. The permits typically have no monitoring requirements and no enforceable permit limits. I'm happy to say that V.K. Development has agreed to conditions that will be put in their water management district permit that will require monitoring and will require enforceable permit limits. And we will work out those details, but that really mitigates that concern that we had. So, again, we look forward to working further with V.K. Development and our objections have been met in this case. Thank yOU. Page 115 September 23, 2003 Any questions? CHAIRMAN HENNING: MR. DAVIS: Thank you. CHAIRMAN HENNING: Any questions by the Board? Go ahead, Mr. Halas. COMMISSIONER HALAS: Looking at traffic impact here, I would like to get the response from Mr. Norm Feder, head of transportation. And I'm very -- still very concerned about getting people out of that area in case that we do have an emergency. And I know that this is a great development. I've seen the plans for this, but I'm very, very concerned about the density in this particular area. CHAIRMAN HENNING: Mr. Feder-- before we go through that, Commissioners, can we get through the public comment section first? COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Sue. MS. FILSON: The next speaker is Howard Taylor. He will be followed by your final speaker, Brad Comell. MR. TAYLOR: Good afternoon. My name is Howard Taylor. I'm a Naples resident. I've come to speak in favor of the Wentworth Estates project. And I will be brief, given all the speakers before me and what they've said. I just would like to point out two things. One is that the quality of this project is really the quality that will rival a project like Mediterra. And I hope that that is really taken into account. The second thing that I would like to point out is that when V.K. Development says that they are going to do something, you can absolutely take it to the bank. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: Your final speaker, Brad Cornell. MR. CORNELL: Hello commissioners. Brad Cornell Page 116 September 23, 2003 representing Collier County Audubon Society. Pardon me. I have a little allergy issue going on here, so my voice is not the radio voice that it usually is. COMMISSIONER COLETTA: You wish. MR. CORNELL: That's why I'm doing this at this microphone. First, I want to say that we don't endorse projects -- development projects. That's not what our business is. I don't need to explain that any further. But we are very appreciative of the developer's willingness to address issues of environmental and community concern in the process of examining and going through the permitting process. So I wanted to say that upfront. I also want to say that Audubon in the form of Florida Audubon or Audubon of Florida has an interest in Rookery Bay, as well. We helped get that established in the beginning, along with The Conservancy and the State. So there's definitely a vested interest on our part, as there is on the whole community really. Regarding gopher tortoises, the eight acres of designated preserve is good. I'm appreciative of seeing that. I think it's not quite sufficient until you look at its configuration and contiguity with the other six or so acres that are going to be managed as uplands. There's an old horse stable and some pine flatwoods that are adjacent to this designated preserve. I think the combination of those would be very suitable for tortoises. I think in addition to that -- and this was something that we had discussed with the developer. We'd like to see clear requirements in the homeowners' association documents, including pet prohibitions in the preserves, burning and other upland land maintenance provisions. So that -- you know, obviously one of the issues with all these sorts of on-site preserves is: What's going to happen once the developer tums the key over to the homeowners' association? That's a difficult issue, but we'd like to see that. And I'm sure it's Page 117 September 23, 2003 possible to see that worked out. The only other concern that I want to raise here -- and this is something that, I believe, the developer is very willing to address. And we have been told this. It has to do with old pesticides on old agricultural fields. Four hundred and some acres of this site are old agricultural fields. And I want to point your attention to a study that I've recently come across from Rookery Bay staff, namely Mike Shirley and Sherry Brant Williams, who looked at Bell Meade and South Golden Gate Estates agricultural fields testing for chlordane, DDT, and its derivatives and some other nasty pesticides that were banned in the past. And they found quite high levels of those in those old ag fields. And this report is -- which was done in 2000 illustrates some of the issues and how they did this testing. They took about 135 samples and about 60 some of those were positive and quite high concentrations. I think that points to a need to have better -- in this particular project to have more soil samples taken than have been done. Ten samples were taken. The threshold of detection was really not low enough. And we believe that more soil samples need to be done on those 400 acres with the input and advice from DEP and Rookery Bay staff. I believe also -- and I think this is being addressed. The water quality monitoring is important for assurances that whatever is on -- in those soils, even if they weren't detected, that we don't have a problem, you know, in the discharge water coming out of the water treatment system. And, also, if there was something found, we would want to be able to remediate it before construction started. So that's an important thing that those tests need to be done upfront. (Commissioner Coletta left the room.) MR. CORNELL: And the chemicals that are found very nearby, Page 118 September 23, 2003 you know, north of U.S. 41 are chlordane, DDT and its derivatives, Dilydrine. Those would be the principal ones that at least Rookery Bay Research would point to. And, finally, I would say that recognizing the risk that these kinds of chemicals pose to both human health and environmental health, it would seem advisable for the County and for you all to consider amending your LDC to require this kind of soil sampling on any old agricultural fields that were being considered for land use change. I would recommend that to you strongly. Not only just for this project, but obviously any old agricultural fields. Thanks. CHAIRMAN HENNING: Brad, there's a process for land development code changes. And Mr. Schmitt, I'm sure, will tell you how you can petition for land development code changes. MR. CORNELL: I've spoken with your staff-- a member of the staff and they were encouraging of that. And I will pursue that. Thank you. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: I had a comment, if I may, with Brad. CHAIRMAN HENNING: Sure. COMMISSIONER FIALA: Brad, you had mentioned something about -- excuse me. You had mentioned something about Rookery Bay and we wanted to make sure that the homeowners also understood and appreciated the sensitivity of the surrounding area. I understand that there's been a commitment on the part of V.K. Development, who is working with Rookery Bay, to educate each homeowner so that they will minimize the impact on the adjoining wetland preserves. And so I think that really accomplishes what you were hoping to have done. MR. CORNELL: Well, yes, education is a very important component of seeing compliance occur. But also having requirements in the homeowner association documents regarding the preserves -- Page 119 September 23, 2003 the tortoise preserve, the upland preserves, and the water management issues. COMMISSIONER FIALA: That's reasonable. MR. CORNELL: That they are properly -- COMMISSIONER FIALA: Sure. That's fair. MR. CORNELL: Thanks. CHAIRMAN HENNING: Thank you. End of public speakers. Mr. Feder, Commissioner Halas has a question. COMMISSIONER HALAS: Yes. I wanted to find out what the traffic impact was. And, I believe, there was some -- some type of agreement that there was going to be made possibly a -- 1,000 units that were going to be taken out of the traffic count. Is that -- MR. FEDER: For the record, Norman Feder, Transportation Administrator. Commissioner, you had asked generally on the transportation issues. We did a vesting determination not too long ago..In looking at that, you have quite a few vested units in growth obviously here in East Naples. 41 in this section to the west of this development -- to the east of this development, I should say, is under six-lane development right now. We don't have concurrency issues. We have some constraints to the east of here. And in your planning efforts that you've got submitted forward, you had established a transportation exception area -- concurrency exception area in that section of 41 over to Airport with the idea being that you're trying to promote redevelopment of that area, which this development, I think you've heard, may help be a bit of a catalyst. So you've got the combined issues of only 41 as the access points, some definite development in the area, but the availability of capacity to the east, and at least our orientation to encouraging redevelopment issues to the east. One thing I need to bring to your attention though in particular on Page 120 September 23, 2003 the write-up on this item is that -- a little over a year ago this Board took action to eliminate the ability for a developer or an individual to come in and prepay to buy concurrency vesting without going through a determination of adequate public facilities and certification. Benderson (phonetic) -- I think everybody remembers that name -- was the last one to come in under that old process. And you eliminated that loophole in your process and said, "Now, it has to go through the process of final plat or plan to be evaluated. Is there available capacity? And if so, then to pay half of the fees with the other half three years later to get vesting for the project." If I call your attention to the transportation provisions within this PUD, on page 408, they start 7.5. And that is E1 write-up. The write-up in here basically infers that by paying half of the impact fees for the project at the time the first final plat for all or a portion of the project comes in that, in fact, there's vesting being provided to this project. And so the only way we can do that outside this process now that we no longer have the prepayment capability is through a developer contribution agreement. And the only way that we, as staff, would recommend to you to consider a developer contribution agreement, which we did recently -- we had a DRI with the Collier Land Development Corporation, G.L. Homes not too long ago -- was where there was some issues provided that were in the public interest above and beyond just the impact fees that warranted our consideration of going outside the normal process. I raise that to you to make sure that you understand that right now that provision is in here. You would need to have a developer contribution agreement follow this up if you want to maintain that language that the first plat for even a portion of the project they pay the estimated 3.5 million in impact fees and get vesting for the whole project. You could either modify that language to eliminate that issue or Page 121 September 23, 2003 you could take the approach that looking at what they've committed to out of their prior PUD -- they had about 350,000 worth of improvement, which I think you've heard today that people are looking for it on Southwest. That was in the original PUD previously, but, nonetheless, they've maintained that commitment. They've also committed to about $400,000 worth of intersection improvements, as well as they are providing the land, as was noted by Corntnissioner Fiala, for the Lely Manor portion of LOSWP, Lely Overall Stormwater Project, to the County. So they are doing some substantial things, besides that three and a half million. But I really can't take that one into account because that's something that they'd have to pay at the time of the final plat or plan anyway to get vesting for the overall project. What we have asked them, and they have agreed to, is adding to those commitments $250,000 to finish off that second phase of the street lighting basically from Broward over to 951. If you take that 250, along with the 400,000, the 350,000 on Southwest, you're essentially at about a million above and beyond the land they're providing for the stormwater. And then you would have to judge if that's, indeed, sufficient commitment for us to proceed with a developer contribution agreement as opposed to not addressing vesting in this, but waiting at the time of final plat and only vesting that portion that they're platting at that time. Have I been clear on that? If you have any questions, I'll be happy to try to answer. I will tell you that I have agreed with them that if they make that additional commitment that that seems to bring us within the realm of reasonableness to consider a developer contribution agreement. CHAIRMAN HENNING: Commissioner Coyle. COMMISSIONER COYLE: When I first saw this project and saw the increase in density, I was shocked that the density was being increased so greatly. And when I met with the developers, I shared Page 122 September 23, 2003 my concerns with them and I told them that the density issue was going to be one of the biggest concerns I had, in addition to the potential traffic impacts. And I asked the staff to give me assurances that they had properly computed the traffic impacts and that they had included in the traffic analysis all of the development that is planned in that area and that it would not have an adverse impact upon the level of service of our roads. And I was given that assurance yesterday. And I would not approve or vote in favor of this development if that were not the case. So the staff has given me adequate assurances that the traffic impacts can be handled with the improvements that are occurring there. The other issue is density. And, of course, as we've found, density is not necessarily the only element to be considered in determining the quality of a development. That the older development, although much smaller, didn't do as good a job with respect to stormwater flows. This development improves the stormwater flows, the Lely flow-way, as I understand it. I've been assured of that by the staff and through my own analysis. The prior smaller development did not provide the wildlife corridors or the preserves that this more dense development is providing. So I'm left with the conclusion that they -- a well-designed project of higher density can be far preferable to a poorly designed development of a smaller density. And always being uncertain as to whether or not I reach the right conclusion there, I am generally influenced by the neighbors. If the neighbors feel that this is a reasonable compromise, if they feel that their property is protected, if they feel it's going to be a good addition to their community, and if the water quality and stormwater flows will be maintained so Rookery Bay is not damaged, I find it very difficult to -- to oppose this particular development. Page 123 September 23, 2003 I find it remarkable that the different interests in the community have come together with essentially the same conclusion. Not necessarily enthusiastic support in all cases -- because I know The Conservancy still has some concerns. And I think we all share those concerns. We've got to be very vigilant about what we do with respect to all this development. But the point is that -- that most all of the people here have spoken in favor of this project or at least have not objected to it. And with that, Mr. Chairman, I would make a recommendation of approval. COMMISSIONER FIALA: Second that. Although, I would have loved to have made that recommendation, I'll get right in there and second it. COMMISSIONER COYLE: Can I withdraw my -- COMMISSIONER FIALA: No, no, no. I'm just kidding you. CHAIRMAN HENNING: Motion by Commissioner Fiala, seconded by Commissioner Coyle. Discussions? You know, I understand and I feel for Commissioner Halas' concerns, but, I guess, what is exciting is the East Naples Civic Association's support in this application and hearing Conunissioner Fiala speak out in favor of this, knowing that this is going to pick up the East Naples community. So, Commissioner Fiala, I'm going to support you for those reasons. Mr. Feder. MR. FEDER: In your motion I would ask the Board to give me direction. Are you looking to either change the language that is written here in the PUD to eliminate the idea that 3.5 million provided at the time of any final platting portion or all gives them vesting or are you instructing staff to develop a developer contribution agreement citing the items noted here, including the addition of that Page 124 September 23, 2003 approximately quarter million for street lighting, to develop a developer contribution agreement to allow the language to stay as it is in the PUD as written? And the last thing is I think Commissioner Halas asked a question -- I've just asked Bruce Anderson about some contractual arrangement to reduce density in the area. COMMISSIONER HALAS: That's correct. MR. FEDER: And you might ask Bruce Anderson to address that. I apologize, Commissioner. I didn't address it in the previous discussion. CHAIRMAN HENNING: To clarify the motion -- COMMISSIONER COYLE: Was Bruce Anderson going to have something to say about-- COMMISSIONER HALAS: Yes. COMMISSIONER COLETTA: He was? COMMISSIONER HALAS: I hope so. What we're trying to do is find out if there is going to be from the Lely area some type of agreement where there wouldn't be an additional 1,000 units being developed in that area because of the additional impact in-- on U.S. 41. MR. ANDERSON: They -- the private contract between my client and Lely to acquire the property had a provision that did provide for a reduction in the Lely Resort' DRI of 1,000 dwelling units. COMMISSIONER HALAS: Okay. And is that going to be an agreement that's going to be drawn up or where do we stand on that? MR. ANDERSON: It's not part of-- we'll have to get something from Lely identifying specifically what portion of the property that those units would be taken from. COMMISSIONER HALAS: Because I'm very concerned, as I stated earlier. I think this is a great project, but I have some concerns on the density, especially when we're increasing it three-fold here, and making sure that we have adequate access out of there. And what Page 125 September 23, 2003 concerns me is that we don't have that many north/south roads. And we have just got basically east/west and it's confined going in the easterly direction. MR. ANDERSON: A representative of Lely has just told me that they have sent someone a letter. I haven't seen it or I'd be showing it to you now. COMMISSIONER HALAS: The check is in the mail; is that what you're telling me? MR. ANDERSON: Well, that's what I'm told. I'm just relaying the information that they have sent a letter agreeing to that. CHAIRMAN HENNING: Commissioner Coyle. COMMISSIONER COYLE: Yeah. If I could just make one other observation before I modify my motion to answer Mr. Feder's question. There's a lot of density that is included in our baseline concurrency determination plan -- COMMISSIONER HALAS: Exactly. COMMISSIONER COYLE: -- that is going to come out. There are thousands of dwelling units along that corridor that are likely to be pulled out very soon. So I believe what we will see is a substantial reduction in outstanding density units. And, Norm, would you agree with that over the short-term? MR. FEDER: Commissioner, I do agree. I know of a couple of projects that are already moving in that direction. Obviously, in our effort, we've taken a worse case. They have the ability until they come in and modify. So every time we can get that modification downward, we're trying to bring it to your attention. COMMISSIONER COYLE: But in almost every case we've had an opportunity to modify, we have reduced that outstanding density. And we see that trend continuing and, in fact, gaining momentum. So I think if it would provide you any comfort at all, Commissioner Halas, even if the Lely thing wasn't going to be Page 126 September 23, 2003 reduced by a thousand, there are others that will be. And I think the overall net effect will be positive on that particular traffic corridor. Now, the -- with respect to the motion, I would prefer not to change our ordinance with respect to purchasing the certificates of public facility availability. But if we can do it under the existing rules as you have stated, I think we should proceed with that and develop -- and have a developer's agreement. I just hate to go back and revisit that ordinance and start changing the ordinance at this point in time. COMMISSIONER FIALA: Oh, my second agrees with that. MR. FEDER: Commissioner, that's what I was trying to relay to you. By developer contribution agreement you can structure concurrency and vesting in that matter. CHAIRMAN HENNING: Do we need to state on the record for what's going to be in the DCA? MR. FEDER: I would appreciate that to help us in drafting. I think the items, as I understand them -- CHAIRMAN HENNING: Go ahead. MR. FEDER: First of all, they are agreeing obviously to any of the provisions in the PUD. But beyond that or included in that, they are agreeing to the provision of the improvements to Southwest Avenue to include widening the roadway, sidewalks, lighting, and other issues estimated generally about $350,000. They are agreeing to approximately just under about 400,000 in intersection improvements. While there's a couple identified in the PUD, they've also agreed that they could be used where needed around the County to make improvement as needed. They are agreeing to providing all of the land required for the Lely Manor-- and I'm sure they'll yell real quick if I say this incorrectly. Any of this. All the land for the Lely Manor part of the overall LOSWP stormwater program. They are also agreeing to $250,000, a quarter of a million, added to what you have written in the PUD today to provide for the balance Page 127 September 23, 2003 of that street lighting along U.S. 41 between Broward over to 951. Also, they are agreeing that that 3.5 million when they do come in with the first plat, as is written in the PUD, that those monies can be used anywhere in the County for needed improvement, acknowledging that really the only major facility they access is U.S. 41, which is already six-laned. I believe I've covered all the items. COMMISSIONER COYLE: That's included in my motion. CHAIRMAN HENNING: And is it included in Commissioner Fiala's first and Commissioner Coyle's second? We'll close the public hearing. And in the motion it's contingent upon an agreeable DCA; is that correct? COMMISSIONER COYLE: Yes. CHAIRMAN HENNING: Any further discussion? All in favor of the motion signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER HALAS: Aye. And the only reason is because -- again, is the height and the density in that project. I think it's a great project, other than that. But it's just the idea that I felt that the density was a little bit too much for that particular area. CHAIRMAN HENNING: Motion carries by a super majority. Commissioner Halas dissenting. MR. MUDD: Mr. Chairman, if Norman can-- MR. FEDER: My apologies. We did raise the issue of the letter, as we understand that may be out there. If we've got a letter stating a reduction of units, I would like to include that into the developer contribution agreement if that's the desire of this Board. COMMISSIONER FIALA: Yes. Page 128 September 23, 2003 You know, I forgot to read this letter that you gave me from somebody and read it into the record. Shall I do that now? MR. MUDD: Yes. (Commissioner Coyle left the Boardroom.) COMMISSIONER FIALA: Okay. It's kind of like the cart before the horse. I'm sorry. "Commissioners, I recently had an emergency knee operation which will prevent me from speaking out -- boy, do I know what that's going to feel like -- in behest of myself and many other Trail Acre Estate residents regarding the V.K. Development of Wentworth Estates PUD and the meeting scheduled for September 23rd." "Even though some of my extrapolated figures on the traffic flow through Trail Acres were larger than the study made by V.K. Development, it still remains that according to their own study, if the dead-end at the end of Southwest Boulevard is allowed to be used as an additional access to their development, it will add 600" -- and he probably wrote that before he knew that this was going to be happening, right? Actually, he's just talking about the construction traffic on the Boulevard. And I won't take up your time anymore than that because that's not happening. MS. RAYMOND: What about the maintenance workers and so on Southwest? On the paper that I gave you from the residents. COMMISSIONER FIALA: Oh, yeah. CHAIRMAN HENNING: There is not going to be. No maintenance workers on-- Mr. Anderson. MR. ANDERSON: No construction traffic is going to use the Southwest Boulevard entrance. COMMISSIONER FIALA: Oh, but maintenance workers like lawn workers and so forth will probably be using that? Will they be using both exits and entries? MR. ANDERSON: Yes. Page 129 September 23, 2003 COMMISSIONER FIALA: area? MR. ANDERSON: Right. COMMISSIONER FIALA: use both of the entryways? MS. RAYMOND: I guess. that. It won't just be concentrated at that Can you live with that so that they I'll tell people in the neighborhood COMMISSIONER FIALA: You've got a lot of good things coming your way. You know, I mean, there's a lot of good things happening -- MS. RAYMOND: They were just worried about the safety of our children. CHAIRMAN HENNING: Okay. We're going to take a three minute break-- stretch break and no more than five minutes. (A short recess was held.) MR. MUDD: Ladies and gentlemen, if you could please take your seats. You have a hot mike, Mr. Chairman. CHAIRMAN HENNING: Board of Commissioners are back in session. This item is- Item #8D ORDINANCE 2003-52 REGARDING PUDZ-2002-AR-3011, DWIGHT H. NADEAU OF R.W.A., INC., REPRESENTING A.R.M. DEVELOPMENT CORPORATION OF S.W. FLORIDA, 1NC., REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS TUSCANY COVE PUD FOR A RESIDENTIAL DEVELOPMENT FOR A MAXIMUM OF 375 RESIDENTIAL DWELLING UNITS GENERALLY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951), Page 130 September 23, 2003 APPROXIMATELY ¼ MILE SOUTH OF IMMOKALEE ROAD (C.R. 846)- ADOPTED MR. MUDD: 8-D. The item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Board of County Commissioners heard this petition on June 24, 2003 and sent item back to the Collier County Planning Commission for further consideration. This is PUDZ-2002-AR-3011. Dwight H. Nadeau of R.W.A., Inc, representing A.R.M. Development Corporation of Southwest Florida, Inc., requesting a rezone from "A" Rural Agriculture to PUD, Planned Unit Development, to be known as Tuscany Cove PUD for a residential development for a maximum of 375 residential dwelling units generally located on the east side of Collier Boulevard, County Road 951, approximately a quarter mile south of Immokalee Road, County Road 846, in Section 26, Township 48 South, Range 26 East, consisting of 78.07 acres. CHAIRMAN HENNING: All wishing to participate in this discussion, please rise and raise your right hand. The court reporter will swear you in. (The speakers were sworn.) CHAIRMAN HENNING: Ex parte communication. I don't have any further than I did last time we heard this. Commissioner Fiala. COMMISSIONER FIALA: Yes. I just have -- I had a meeting with Rich Yovanovich and also I got an E-mail from Mark Strain. CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER HALAS: Yes. I had some meetings with Mr. Nadeau. And that was just this past week. CHAIRMAN HENNING: Commissioner Coyle. COMMISSIONER COYLE: I have also met with Mr. Rich Yovanovich and I have an E-mail from Mark Strain. And it's all in the Page 131 September 23, 2003 folder. CHAIRMAN HENNING: Okay. Mr. Yovanovich. Can you just -- you know, keep it short. Just tell us what happened at the Planning Commission. MR. YOVANOVICH: For the record, Rich Yovanovich on behalf of the petitioner. Mr. Nadeau is here, as well, if you have any questions of him. If you will recall, you asked that this be remanded back to the Planning Commission for them to consider the phasing schedule that we discussed in front of the Board of County Commissioners, also the reduction in density that we had proposed and the phasing schedule in particular. It went back to the Planning Commission and they endorsed the phasing schedule seven to one. The one dissenting vote was related to the width of the sidewalk. And the reason we decided to keep or needed to keep the sidewalk at five feet was to address the Commission's desire that driveways be 23 feet in length, instead of 22 feet in length. And if it were a six-foot sidewalk, it would have to be a 22-foot driveway. So that's what happened. The Planning Commission basically voted to recommend approval seven to one based upon the phasing schedule we had discussed previously with the Board of County Commissioners, which is summarized on page three of your executive summary. (Commissioner Coletta returned to the Boardroom.) MR. YOVANOVICH: And I put in front of you-- there was some confusion as to whether or not you may or may not have gotten the latest and correct version of the PUD document. The latest and greatest has been handed out to you to verify that the conditions in the executive summary are, in fact, accurately reflected in the PUD document. If you have any questions, I'll be happy to answer them, but the Page 132 September 23, 2003 Planning Commission did recommend approval seven to one. CHAIRMAN HENNING: Before I go to the Commissioner's request, Commissioner Coletta, do you have any ex parte communication? COMMISSIONER COLETTA: Yes, I do. I've received E-mails on this from several individuals. I've also met with Mark Strain, Rich Yovanovich, the petitioner, Jim Mudd. CHAIRMAN HENNING: Okay. Do you have any questions, Commissioner Coletta? COMMISSIONER COLETTA: As a matter of fact, I do. There's a couple of things in here that I wanted to go over with you. And I do appreciate the opportunity to do so. Previously the Planning Commission recommended restricting the CO until 951 was completed. I think that was the main bone of contention at that point because Mark Strain came up with a counter letter later, which -- when we came to disagreement, we sent it back to the Planning Commission. Give me a recap from that point forward. MR. YOVANOVICH: The Planning Commission after hearing about the reduction in density to 375 units, the phasing schedule of 200 building permits for the first year and 20 more building permits per month until the road commenced no longer included a condition that construction be held back until the road was completed. So the Planning Commission did not think that that was necessary based upon the revisions of the PUD document that we made. COMMISSIONER COLETTA: And do you see any conflict with when they're going to start 951; when they plan to go with the six laning? Is there going to be some coming together of these particular things? I mean -- MR. YOVANOVICH: Okay. If the schedule holds the way it's scheduled, everything should work out just fine for everybody. COMMISSIONER COLETTA: Can you go over your entrance Page 133 September 23, 2003 and exit? Also, too, were you going to have a way to get to Immokalee Road; was that-- MR. YOVANOVICH: At this point, Commissioner, we don't. What we do is -- right now our-- we're going to be limited to a right-in, right-out condition so traffic can't go south on 951. And the PUD requires that we do that. And we don't own property to get us to Immokalee Road at this point. So we will not have access to Immokalee Road. We do provide for interconnection with the activity center immediately to our north so that our project can access the activity center to the north without ever having to get onto 951. COMMISSIONER COLETTA: That's all the questions I have at this time. CHAIRMAN HENNING: Okay. Any further questions? Any public speakers? Commissioner Halas. COMMISSIONER HALAS: Just for the transportation department, we -- the last time that this was before us, we spent quite a lot of time discussing the traffic requirements in the upcoming future. And how does this fit into the whole equation? Do we meet all the concerns that you, the traffic department, had? MR. KANT: Yes, sir. Several issues, one of which, of course, was the -- constraining that to a right-in, right-out. We also want to make it clear that access is not something -- you know, it's a conceptual idea at the PUD stage. And they may have to be shifting that access. As far as the traffic generation is concerned, when that road is six laned there will be more than sufficient capacity for that particular project in conjunction with all the other existing and proposed projects. Page 134 September 23, 2003 One of the things that we would like to -- and you're going to hear this again yet this afternoon on some other issues. One of the things that we would like to add as a proviso of any approval is that the developer shall, to the maximum extent feasible, work with adjacent property owners and the County staff to reduce or minimize access connections to Collier Boulevard through the use of joint access crossings of the canal. This is an issue the Board a number of months ago had designated 951, Collier Boulevard, as controlled access. And because we have a number of small properties, we're winding up with a number of additional new accesses across there. And we're trying to limit those because they do take away from the capacity. But we would like to encourage this developer and all the other developers to do -- as they've pointed out, they want to get access to the activity center. They might be able to get access to the south. Although, that's pretty much going to be difficult given the level of development of Crystal Lake at this point. CHAIRMAN HENNING: Mr. Kant, what I like about this is it does provide access in there. And, you know, that is in the PUD, correct? MR. KANT: Yes, sir. That's correct. CHAIRMAN HENNING: To the activity center. And that's, you know, the real reason why density bonuses were given because of connectivity to activity centers. MR. KANT: And we encourage that every opportunity we get. CHAIRMAN HENNING: Yeah. Even though they reduced it by quite a number amount. MR. KANT: Thank you. CHAIRMAN HENNING: Okay. No further questions. Any-- MS. FILSON: No speakers, sir. CHAIRMAN HENNING: Commissioner Coyle, I'm going to Page 13 5 September 23, 2003 close the public hearing. COMMISSIONER COYLE: COMMISSIONER HALAS: COMMISSIONER COYLE: I'll make a motion we approve. Second. With the considerations that's outlined in the Planning Commission recommendations and contained in the revised PUD document. CHAIRMAN HENNING: Motion by Commissioner Coyle and seconded by Commissioner Halas. Any further discussion? Seeing none, all in favor of the motion signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: Opposed? Motion carries unanimously. MR. YOVANOVICH: Thank you. CHAIRMAN HENNING: Next victim. Item #8E- Continued Indefinitely Petition PUDZ-03-AR-4008, C. Laurence Keesey, of Young, Van Assenderp, Varnadoe & Anderson, P.A. representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc, requesting a rezone from "PUD" to "PUD" (Planned Unit Development) for the purpose of revising the PUD document to relocate 170,343 square feet of approved, but not yet constructed and uncommitted commercial use from the north commercial area to the south commercial area, reduce the approved maximum number residential dwellings by 800 units to a new maximum of 7,800 residential dwelling units for property located Page 136 September 23, 2003 at the northwest quadrant of the intersection of Tamiami Trail (US-41) and Seagate Drive in Sections 32 and 33, Township 48 South, Range 25 East, and Sections 4, 5, 8 and 9, Township 49 South, Range 25 East Collier County, Florida. (Staff's request) - Approved to Continue lndefinitelv MR. MUDD: Next item, Commissioner, is Item 10-E. This item is requested to be continued indefinitely. The Board of County Commissioners need to vote to continue this item because we didn't receive a petitioner request to do this. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. This is Petition PUDZ-03-AR-4008. And the reason that the staff requested that this item be continued indefinitely is because it has a DRI item that was not submitted with this PUD. And it's your policy that you get to see both those items -- the DRI and the PUD changes -- at the same time. And this is the Waterside -- this the Waterside Shops basically in Pelican Bay Trust and WCI Communities, Inc. Commissioners, you'll need to vote to continue this. And sue -- I asked Sue just a couple of minutes ago do we have any speakers on this particular item and she said no. CHAIRMAN HENNING: Motion by Commissioner Coyle, second by Commissioner Fiala to continue the item. 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.) Page 137 September 23, 2003 CHAIRMAN HENNING: Motion carries. Is that right? COMMISSIONER COYLE: Absolutely. COMMISSIONER FIALA: Yes. Item #8F PETITION PUDZ-2003-AR-3607, WILLIAM L. HOOVER, AICP, OF HOOVER PLANNING & DEVELOPMENT, INC., REPRESENTING BARTON AND WENDY MCINTYRE AND JOSEPH MAGDALENER, REQUESTING CHANGES TO THE EXISTING NICAEA ACADEMY PUD ZONING. THE PROPOSED CHANGES TO THE PUD DOCUMENT AND MASTER PLAN WILL ELIMINATE THE USES OF PRIVATE SCHOOL AND ASSISTED LIVING FACILITY AND ALLOW FOR A MAXIMUM OF 580 RESIDENTIAL DWELLING UNITS. THE PROPERTY TO BE CONSIDERED FOR THIS REZONE IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD JUST SOUTH OF THE CRYSTAL LAKE PUD (RV PARK)- APPROVED TO CONTINUE TO OCTOBER 28,2003 BCC MF~ETING MR. MUDD: Commissioner, the next item is 10-F. This item was 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. This is PUDZ-2003-AR-3607. William L. Hoover, AICP, of Hoover Planning and Development, Inc., representing Barton and Wendy Mclntyre and Joseph Magdalener -- I know I messed that one up -- requesting changes to the existing Nicaea Academy PUD zoning. The proposed changes to the PUD document and master plan will eliminate the uses of private school and assisted-living facility and Page 138 September 23, 2003 allow for a maximum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard just south of the Crystal Lake PUD, which is a R.V. park in Section 26, Township 48 South, Range 26 East, Collier County, Florida. This property consists of 119+/- acres. CHAIRMAN HENNING: All participants wishing to give testimony today on this item, please rise, raise your right hand to be sworn in by the court reporter. (The speakers were sworn.) CHAIRMAN HENNING: Ex parte communication. I have two. I talked to a constituent and the developer's representative. Commissioner Coyle. COMMISSIONER COYLE: None. CHAIRMAN HENNING: Commissioner Coletta. COMMISSIONER COLETTA: I talked to the developer's representative and had an E-mail with Richard Calabrese and Mr. Mudd, too. CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER HALAS: Hang on a minute. CHAIRMAN HENNING: Commissioner Fiala. COMMISSIONER FIALA: I have spoken to William Hoover previously on this. And that's the only ex parte that I have had. CHAIRMAN HENNING: Okay. Commissioner Halas. COMMISSIONER HALAS: I have no ex parte to come up with at this point, no. CHAIRMAN HENNING: Mr. Hoover, you're on deck. MR. HOOVER: Good afternoon, Commissioners. For the record, Bill Hoover of Hoover Planning representing the petitioners. The property is 119 acres in size located on the east side of Collier Boulevard about eight-tenth's of a mile south of Immokalee Road. Approximately the western 40.7 acres of the site is within the density ban of the Collier Boulevard and Immokalee Road activity Page 139 September 23, 2003 center. The petitioners are proposing to amend the existing Nicaea Academy PUD by deleting the existing uses, which consist of a maximum of a private school with 600 students, an ALF on 5.3 acres, and up to ten residential units. And the three land uses would be replaced by 580 condominiums at a density of up to 4.87 units per acre. Traffic-wise, the proposed use -- it's a little unusual because of the school generating so much traffic in the morning, the -- if we build what's proposed versus what's approved, there would be a major reduction of 351 a.m. peek hour trips. There would be an increase of 77 p.m. peek hour trips and an increase of 823 weekday daily trips. The Planning Commission approved this project and unanimously approved it earlier this month. I'll keep my comments brief in case you have any questions. CHAIRMAN HENNING: Any questions by the Commissioners? COMMISSIONER HALAS: I'm a little concerned about the proposed density that you have here at this point in time. We just had another PUD in front of us and I realized that you have a density -- have the ability to have a density increase all the way up to seven units per acre because of the idea that you're very close to supposedly an activity center. As we well know, not only -- at this point in time you're not going to have the interconnectivity with that activity center. So, therefore, most of the traffic is going to have to go out into 951. And, of course, we have a lot of proposed building that's going to be there. We just recently had Heritage Bay that came in. We got that approved. And we're very concerned about the impact to traffic on 951 and the intersection of Immokalee Road. And I think that we need to look very closely at the density at this point in time. And that's -- so, Page 140 September 23, 2003 therefore, I'd like to propose that maybe we could work with you and take out some of that density so that we make sure that we have adequate road volume left at this point in time. MR. HOOVER: Okay. I'm hoping -- the petitioner's representative is here. If you have a -- if you have a number, do you want to give that to me? COMMISSIONER HALAS: I think right now that you're at 4.87. I'd like to see maybe down around 4.11, which would -- to give you -- so you don't have to sit there and figure it out, it would be approximately 490 to 500 units. CHAIRMAN HENNING: Commissioner, the last developer PUD that we approved was 320 acres -- 320 units. COMMISSIONER HALAS: 375 units, I believe. CHAIRMAN HENNING: 375 units. And they had staging stipulations, right-mm only. COMMISSIONER HALAS: I just threw that out there. CHAIRMAN HENNING: They had an interconnection to another community. MR. HOOVER: Okay. On the interconnections, why don't we defer a few minutes on this, if you don't mind, and Ed Kant -- there's an opportunity it looks like on maybe combining three access drives onto Collier Boulevard into one possibly with a project to the south called Bristol Pines. And we've been talking about this over the last 24 hours. And Ed wants to add a traffic stipulation to this project. If that's okay with you, I'll let Ed talk on this. So it's basically, I guess you could say, an interconnection that would allow the possibility where there would be another road that's parallel to Collier Boulevard -- one mile to the west of Collier Boulevard -- that would go all the way from Vanderbilt all the way up to Immokalee Road. MR. KANT: Edward Kant, Transportation Operations Director. What I have just put up on the visualizer, the large green area just to the south of that -- what looks like a subdivision is the area that we're Page 141 September 23, 2003 talking about. And just south of that--just south of-- this is the Nicaea Academy. This is a road called Tree Farm Road, which is not a public road. And this area is the Bristol Pines development. I met with the owner of this property here and also the representatives from Bristol Pines and Nicaea Academy property. And one of the things that we had tried to do originally when this first came before the Board was to get all three of-- or get these two developments to use Tree Farm Road. Unfortunately, they couldn't provide ample evidence that they had the right to do that. So they went back and they said, "Well, you know, we can't really deny you -- we can't really get denied access." And so it looks like they would have to put an access here. These folks have to put an access here. And this access would still be here. And then we're dealing on the other side of the street with several commercial developments over in this area, one of which, I understand, has just recently been sold and will be amalgamated with a number-- with a large piece of acreage to its west. So when we look at the overall access management for 951 -- and, unfortunately, I kind of cobbled this together at lunch today. So I'm not sure how -- it's right in there, if I can get it. MR. MUDD: I'll work on it. MR. KANT: This is Immokalee Road at the north end here. This is Immokalee and 951. When we come about a half mile south-- almost exactly half a mile south, we get to Crystal Lake and the middle school. When we continue to go about a half a mile south, interestingly enough, we wind up almost exactly opposite Tree Farm Road. We go another half a mile south, we get down to Wolfe Road. And we go another half a mile south and here we are down to Vanderbilt Beach Road. This type of spacing for major intersections is consistent with your direction to make 951 a controlled access facility. It also gives Page 142 September 23, 2003 us some ability to work with these property owners to try to get these locations as future full accesses. I realize I'm taking some time to give you this, but I think it's important because you're going to deal with a number of projects where the same issues are going to come up. And I'd like to make sure that we understand that we're all working toward the same goal of making this as efficient a roadway as possible by minimizing these connections. So, again, as we did in the prior hearing, we are going to request that a proviso be added to this development stating that the developer shall, to the maximum extent feasible, work with adjacent property owners and the County to reduce or minimize access connections to Collier Boulevard through the use of joint access crossings of the canal. Toward that end, I've met with, as I said, the developers and the owner of that road and we've agreed to meet sometime in the next couple of weeks to try to work that out. So in your approvals today, we would ask that you consider the accesses that are shown as conceptual, that you include this proviso, and that you encourage the developer to work with those neighboring developments so that we can, perhaps, accomplish what will be in the best public interest. CHAIRMAN HENNING: I misunderstood. I heard Mr. Hoover saying he is going to build a road from Vanderbilt Beach Road to Immokalee. MR. KANT: No, sir. I -- did I hear you say that? CHAIRMAN HENNING: That's what I heard. COMMISSIONER COLETTA: That's a good idea. MR. HOOVER: There's an existing road that runs parallel to Collier Boulevard. It's called Massey Drive, I think. It goes from Vanderbilt up to section line. And then there's another road that comes down. Again, it's a mile east of Collier Boulevard that comes almost down -- I think they sort of touch and come around. What the Page 143 September 23, 2003 -- Mr. Kant-- MR. KANT: Well, what you've got here is 951. If Tree Farm Road were built straight through -- this is Massey Street. Massey Street is another private road which runs down to Vanderbilt Beach. And there are several other small roads off of it. But if this is ever built as part of a secondary or connector road system, it's going to significantly assist those units -- those people living back in there in a lot of that undeveloped land and also provide opportunities for others to hook into that road. Massey runs currently about not quite half a mile from Vanderbilt Beach up to roughly this intersection. We've done a little bit of deed research and it appears that there may be some easements back there. But, again, in speaking with one of the property owners earlier today and in speaking with one of the attorneys earlier today, it appears that there is a fee ownership of the western part of that road. And that's what we need to resolve. CHAIRMAN HENNING: Commissioner Coyle. COMMISSIONER COYLE: Ed, in order to provide a road of adequate capacity there along Tree Farm Road, should we not ask the petitioner to donate some right-of-way there to assure that we've got a wide enough road to do this? MR. KANT: Thank you, Commissioner. I got carried away with this other issue and I wanted to also report that late yesterday afternoon in talking with the petitioner they've agreed to a 40-foot reservation along their southern boundary so that -- now, we have some wetlands to deal with, but the fact is that they're willing to configure their site plan to allow for that 40-foot of right-of-way all along their southern boundary, which is about a half a mile. CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER HALAS: Were they willing to donate this free of charge to the County? COMMISSIONER COYLE: Oh, sure. Page 144 September 23, 2003 MR. HOOVER: What I was advised by the client's representative was that we would make the -- we would make that land available to the County at no cost. COMMISSIONER HALAS: At no cost to the County? MR. HOOVER: At no cost. Except when we're in the preserve area, we've already got a water management permit for that. So our development line has to stay outside of the preserve area. And all I asked Mr. Kant was if you guys ever do decide that, that the County would pay for any mitigation that might be required in amending that preserve line out there. COMMISSIONER HALAS: And how much land are we talking about prior to getting to the preserve? What is the footage on that? MR. HOOVER: Three-quarters of a mile. I think this entire -- it looks like it's about two and a half acres inside the non-preserve area and then maybe about an acre and a quarter inside the preserve area. COMMISSIONER COYLE: That's not bad. CHAIRMAN HENNING: Okay. Commissioner Coletta -- do we have any public speakers? MS. FILSON: We have two. COMMISSIONER COLETTA: Did you want me to wait? CHAIRMAN HENNING: Would you like to wait? COMMISSIONER COLETTA: I'd be happy to wait. CHAIRMAN HENNING: Please call up the public speakers. MS. FILSON: The first public speaker is Chuck Posch. He will be followed by Floyd Chapin. MR. POSCH: Good afternoon, gentlemen. My name is Chuck Posch and I own 17 acres directly adjacent to the proposed project. It's been an eye-opening experience here for me today. I must admit that I started out today with a low opinion of the process. But after sitting here all day, my mind is completely changed. And I appreciate all of what I've seen here today. Page 145 September 23, 2003 I requested a few months ago -- and I put a letter in -- for a ten-foot berm along our common border. And I apologize for my dress because this morning I didn't even-- I wasn't even thinking about coming here and speaking, but I realized -- I found out that the request that I had made had fallen through the cracks or whatever. But I had requested that ten-foot berm and I find out that what we have now and what we're dealing with is like a three-foot -- two or three-foot berm. The request was made because of all the construction projects, all the people in construction. And after the project had completed, all the people that would just wander onto my property. Because I have a beautiful piece of property and people would like to walk through it. And that was why I made the request. Somehow it got -- it was just left and not -- and not -- work had not done anything about. And I think -- I'm sorry that I wasn't here at any of the -- the two prior meetings that I wasn't here for. Because I have a father-in-law who is deathly ill in Chicago and we've been spending a lot of time there. COMMISSIONER COLETTA: I might be able to help you, sir. I take it your property is located right around here on the east side of 9517 MR. POSCH: Yes. It's directly adjacent. COMMISSIONER COLETTA: Send a letter to me and I'll be happy to talk to you about it. Meanwhile, if you could point out where your property is. Does it figure into what we're trying to do, as far as right-of-way and all that? MR. POSCH: Yes. As a matter-- COMMISSIONER COLETTA: Show us where it is. While we've got you up there, we need to talk to you. MR. POSCH: As a matter of fact, I'm the owner of the road. COMMISSIONER COLETTA: God bless you, sir. You came at the right time. You're going to help us through this. Don't go too far. We need your help to make this happen. Page 146 September 23, 2003 MR. POSCH: All right. I need your help, too. COMMISSIONER COLETTA: Okay. May I continue? CHAIRMAN HENNING: Yeah. Please. COMMISSIONER COLETTA: I'll tell you what my concern is. We're basing all this upon goodwill and conjecture that this might happen and that might happen and we're going to have an access road that is going to tie in. If it doesn't happen, what do we have? We're going to have an access road, what, every quarter of a mile all the way down through? Totally unacceptable. We're going to be right down there with Airport Road and a couple of these other places where one development after another kept pumping out on there and pretty soon, you know, nothing moves. What can we do to try to ensure that we're going to have this access road one way or the another and make it work, rather than put it together where we're going to work in good faith. That leaves an awful lot. Once it leaves here in good faith, we don't know where it's going to go. CHAIRMAN HENNING: Commissioner, what you do is stipulations of the approval, as far as a -- trying to join these properties together through the motion. COMMISSIONER COLETTA: Very good, Commissioner Henning. I like that. CHAIRMAN HENNING: Is there anything else, sir? MR. POSCH: No. That's it. COMMISSIONER COLETTA: Send a letter to me. Thank you. CHAIRMAN HENNING: Next speaker. MS. FILSON: Next speaker is Floyd Chapin. MR. CHAPIN: Good afternoon, Commissioners. My name is Floyd Chapin, C-h-a-p-i-n. I reside in Naples and I have a couple of questions I'd like to raise and a couple of concerns I have in reference to this item before you this afternoon. Page 147 September 23, 2003 First of all, I want to thank you for taking your time to listen to all of us talk. You guys have got to be masochists. As I said, I have some concerns about this proposed change. In reviewing the documents, I believe that they do not conform with your policy as it relates to your growth management plan. In that you talk about the density bonuses. In fact, consistent with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements. And, in my judgment, this project does not meet the requirements that are set forth by your policy. There are no interconnecting roads, irrespective of what Mr. Kant and the developer said today. I agree with you, Mr. Coletta. You know, promises are promises. Let's see it in writing. Let's do it. The traffic at Immokalee and 951, for those of you who travel it, and I do, with another 580 units dumping onto 951 near Immokalee Road will be overwhelming. And as a result of that, I really think this project ought to be rejected, denied, modified, or sent into oblivion. I really do. Unless the developer can come up with a plan that is going to be consistent with the needs of Collier County. And I think -- basically I'm not going to take your time. I think I've made my point. I think we have to really seriously consider this and any other projects that come before you as it relates to traffic impact and density, as you've talked about all afternoon. I've listened to you and I concur with your feelings 100 percent. Any questions? CHAIRMAN HENNING: Questions from the Board? You know, I appreciate those comments and we do have concerns on just those two items that you're talking about. And we need to address those. Commissioner Coyle. COMMISSIONER COYLE: Mr. Chairman, can I make a suggestion that we continue this item and give the petitioner and our Page 148 September 23, 2003 staff and the adjoining land owners an opportunity to sit down and work out these details about interconnectivity and right-of-way and determine traffic patterns and volumes and how we're going to get in and out of this place? Because all of that has a bearing upon the density that you want to approve for any project like this. And I think that would address Commissioner Halas' concern, or at least give them an opportunity to deal with that density issue and the impact on the roads, and Commissioner Coletta's concern about the rights-of-ways and whose property is going to have to be used for that purpose. Rather than rejecting it, I would suggest we give them an opportunity to work together to see if we can't work out a -- if they can't work out a completed plan to bring back to us for our review. COMMISSIONER COLETTA: I second that. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: Could we also ask them to talk about the berm with the gentleman that was just here? COMMISSIONER COYLE: Yeah. CHAIRMAN HENNING: Well, they're going to have to have a discussion with the gentleman because he owns the easement across that property. So I think the emphasis is interconnectivity. MR. CHAPIN: Interconnectivity. CHAIRMAN HENNING: I think Chapin said it quite well. That we need to provide more interconnectivity and really take a look at the density, too. MR. CHAPIN: Take away the density bonus and then you might be able to work from there. CHAIRMAN HENNING: Well, that's -- any land use petition or PUD, everything in it is a negotiated item. The density and other things. So that's still on the table. MR. CHAPIN: Thank you very much. CHAIRMAN HENNING: Thank you. Page 149 September 23, 2003 Mr. Hoover, do you have anything? Do you have any concern about the continuance? MR. HOOVER: Yes. We've got sales contracts on the property. And I don't think that's going to -- we may lose the contracts on the property due to -- it previously was continued five weeks by the Planning Commission sort of on the same issue. And the -- my clients agreed not only to do as many interconnects as possible. So he's maintaining the flexibility on his front that if Tree Farm is available, we'll work with the neighbors on providing a common access there, as well as pay our fair share. We'll also provide -- I think this -- by donating the extra 40 feet here all the way out to one mile east of County Road 951, you'll see that the road is almost there. What that may let people do is when there's commercial developed at the agricultural nursery in the southeast comer of Immokalee and 951, personally I see maybe another grocery store going in there or maybe something like a Target, let's say. And I think this secondary road going up there may lend the opportunity for eventually that road cutting over. So our residents, as well as the residents to the south -- maybe they'd take 951 up to the store, but when they're coming back they come back that way because they have to make two left tums out onto 951. And left tums is really what -- in intersections is what mess up traffic flow. And so I think my client has met -- you know, he's done everything that has been asked of him regarding the traffic. And as far as the interconnects, he's willing to donate easements and things like that. So he's in a little bit of a tight place because he's trying to close on some property that's previously already been delayed. CHAIRMAN HENNING: Mr. Hoover, so you're saying you want us to vote on this today? I've got to ask Mr. Petit. Does this take any super majority? MR. PETIT: Yes. It's a rezone. Page 150 September 23, 2003 CHAIRMAN HENNING: Okay. Personally I feel very uncomfortable with the information that we have. Commissioner Halas. COMMISSIONER HALAS: I think that it looks to me like we have -- the door of oppOrtunity has just opened. And if there can be some quick and decisive talks between you and the gentleman that owns that road, hopefully we can come to -- have this come to a conclusion. Chances are this won't have to be continued over a long period of time. It could be a short period of time. Do you concur with that? MR. HOOVER: I think I'm reading the Board that I need to continue -- ask for a continuance for two weeks. COMMISSIONER HALAS: Yes. CHAIRMAN HENNING: Is two weeks enough? COMMISSIONER HALAS: Is two weeks enough to have your discussion. MR. MUDD: Or do you need to go to the 20th? MR. HOOVER: Actually, I'm out of town the week of October 1 lth to the 18th. MR. MUDD: So you're looking for the 28th of October? MR. HOOVER: It would need to be October 28th, unless -- CHAIRMAN HENNING: There's a motion by Commissioner Coyle to continue this for two meetings, which will be October 28th. There is a second by Commissioner Coletta. Any further discussion? 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? Page 151 September 23, 2003 (No response.) CHAIRMAN HENNING: Motion carries five to zero. We're going to take a break. The court reporters are going to change out. (Recess was taken.) CHAIRMAN HENNING: We are back from recess. Item # 10E SUPPORT OF 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_ APPROVED MR. MUDD: Commissioners, the next item is Item 10(E), and it's a time certain item. This item was continued from the September 9th, 2003, BCC meeting because of time issues with the next speaker and his calendar. This is consideration to support the Southwest Florida Resource and Conservation & Development Council's application for resource conservation and development program assistance after hearing a presentation by a SWFRC&D representative, which is Mr. Wayne Daltry today. Mr. Lorenz-- MR. LORENZ: For the record, Bill Lorenz, Environmental Services director. Basically, the title and county manager's introduction pretty much says it all. Wayne Daltry is here to give you a presentation on the council's area plan and to request your support for program assistance application to the united States Department of Agriculture. Page 152 September 23, 2003 The area plan is in your packet for today along with the bylaws of the council. Also, there will be a requirement for certification by the chairman. There's a signature page as well. And with that I'll just have Mr. Daltry present the information to you, and I know he has some other staff as well that may be available for questions. MR. DALTRY: Good morning, Mr. Chairman, members of the county commission. First, let me get two things quickly out of the way. This costs no money, and I am here as a Lee County person also because five counties are in the service or proposed -- this existing resource conservation council. CHAIRMAN HENNING: And your name for the record? MR. DALTRY: My name is Wayne Daltry, and I am the current chairman of the resource conservation development council. The proposal is basically to get USDA funding to provide some staffing support for this council. It exists -- it's a 501 (c)3. It's current secretariat and administrative office is at the Southwest Florida Regional Planning Council. The council itself is set up with three members from each of the five counties -- Charlotte, Collier, Lee, Glades, and Hendry. It also has membership opportunities for the Seminole Indians and Miccosukee tribes, both of which are in the area. The proposed funding would be used, as I said, for staffing, but it is not keeping the council itself from being active. We are currently supporting and processing grant applications to access rural funding and other funding sources that such a council would provide assistance in getting support for. This is a fairly unique organization, not for Florida or the nation, but unique in that it was formed out of bits and pieces of other RCDCs in Florida. We had a couple counties that were not covered. We had a couple counties that were being cherry picked, so to speak. They were renewing service there and not getting service. This council formed from a discussion of the soil and water Page 153 September 23, 2003 conservation districts of the area, and the resource conservation service, NRCS, Natural Resource Conservation Service or their agents in the area, working with some of the people who were looking for grant opportunities, looking for services they weren't getting. Last July there was a workshop attended by about 75 people from the five county area. The statement was, "Let's form the council," and they turned to me just because I had some experience in forming regional councils. I will freely say I'm worth every penny I'm not paid. This is an unpaid position. Once there is funding available to this council for staffing, I'm gone, and somebody who can devote the time to it will provide the time to it. The way this will work is that as an organization, once it is funded, it will do a lot more outreach with the soil and water conservation or NRCS on finding good clients or applicants for the various grants. The kind of things that are available where we got funding for is reducing fire hazards in rural areas. There is an overdrain and during the dry season -- you-all remember when we used to have those dry seasons, and it becomes like timber boxes. These are ways that some of the fuel was taken out and controlled bums given in order to prevent bad fires. A historical preservation grant has been applied for with Everglades City. We did not get it this time, but once in the breach, once more in the breach. So that is the basic intent. Get the rural areas some funding for the kind of projects they want. Here is the one that molds my heart. In the farm bill there's funding available for agricultural areas to not develop, to basically either stay what they are or become what I say or use the phrase "water ranches." Reverse their drainage projects, and it becomes a storage project for you and you and everybody else. You maintain the water table and rehydrate the area. In the past, you know, in a lot of areas where cattle is not exactly a high income producer but drainage has been an issue on reducing Page 154 September 23, 2003 water supplies for other uses, this has been a good tool. For Southwest Florida and the Everglades Restoration, it's becomes something that's really potential from the larger landowners who haven't really been able to capitalize on any intense agriculture and just had the wrong conditions. But it had significant drainage works for some of the actual activities they have had in the past that are now being thought of as, "Oh, if we could restore the water storage in these areas, we would be better off." So that's one thing I'm hoping becomes a target of our group. So it's five counties. The governing board or the council itself is 15 members, three from each county. It has already been endorsed by the Southwest Florida Regional Planning Council. A number of letters on formation were received by the area local governments. The grant application request before you is one that we are requesting, basically, the endorsement of the county. It is no cost. The other four counties -- I believe all five soil and water conservation districts have endorsed this application. Once we submit it, which would be with your signature November-ish, we would have a year or a year and several months before we got any funding through that. But during that entire period, I'd say we would still be continuing as a functioning corporation pursuing grants for areas or applicants that are trying to get access to some of the funds that have just not been coming to our area. The farm bill has been a well-funded federal program. Suddenly over these last couple years, it's 'an area that Florida has not even been able to gather all of the funds it's been entitled to over the past year, and we're just trying to reverse that for our area. Are there any questions? CHAIRMAN HENNING: Questions by the board members? Go ahead, Commissioner Coyle. COMMISSIONER COYLE: Wayne, good to see you. MR. DALTRY: Good to see you again. Page 155 September 23, 2003 COMMISSIONER COYLE: Wayne, when you say it won't cost us any money this time, will it cost us money anytime in the future? Are we obligating ourselves to supporting an organization or staff?. MR. DALTRY: This corporation has no expectation or no request of funding of any of the local governments. If you make an appointment to the board you are, of course, devoting some hours to that from your own staff. If you make a grant application for it, you will be responsible for your share of match should you receive a grant in the program. But the corporation itself and the staffing of the corporation and the operation of the corporation will have no funding expected from anybody who signs this thing now and for the foreseeable future, and I am not responsible for anybody who's present after I'm gone. COMMISSIONER COYLE: With respect to some of the organizations we have here who are actively involved in trying to preserve natural resources, in particular our green space committee, Conservation Collier, how would the organization interface or perhaps help their efforts? MR. DALTRY: One we're already working with is using such organizations to identify willing landowners who are also in the right place and using that vehicle to get funding then in for the preservation. COMMISSIONER COYLE: Good. Thank you. CHAIRMAN HENNING: Commissioner Coletta and then Commissioner Fiala. COMMISSIONER COLETTA: Yeah. If I may, please, ask you, would you please elaborate on what you've been doing for Everglades City. I know there's a major problem there with historic city hall there that used to be the county seat. MR. DALTRY: The best we did at this first stage was -- David Loving is on the council. He was the vehicle to get a grant request to our endorsement. That's basically what we did. We just endorsed it. We are just right now, until we get staffing, a willing vehicle to Page 156 September 23, 2003 support grant applications developed by others. So very minimal effort is what we've done for Everglades City, but we will be expecting, once we get funding on the proposal, to give Everglades City and LaBelle and More Haven, Immokalee, a lot of the places that don't have standing structure or have relatively minimal structure but need the same access to the federal funds and other grant programs that any sophisticated urban area already has, access to help them get funds. COMMISSIONER COLETTA: Would you be able to do anything for private roads and economically deprived areas, possibly Immokalee, where there is no tax base to work with? MR. DALTRY: I don't know all the infrastructure funds available. I think it's more oriented towards water and sewer than road maintenance because that's typically supported by property taxes or some organization. That one I can't give you any promise. I don't know the full breadth of funding programs available. I look towards Tony, and if he has additional information -- he says not really. We can look into that for you. CHAIRMAN HENNING: Commissioner Fiala. COMMISSIONER FIALA: Yes. It sounds like a great program. From what I can understand it's going to be totally funded by grants. It looks like you've got our grant writer right there that you would like on your committee. Our grant writer is really totally consumed as it is with our needs because she is our grant writer. I know that it takes a lot of research and time and effort in order to apply for a grant or to find the grants to apply for and then to apply for them and do all of the paperwork. If you have our grant writer working on your committee, will she be working to get grants for you, and if so, will we need to replace her or assist her and get another grant writer in order to fill the gap that's left while she's working for this group? MR. DALTRY: First, let me give some immediate relief. No, Page 157 September 23, 2003 she would not be working for the group. We're asking her to serve on the council. That's approximately three hours every two months. COMMISSIONER FIALA: But not writing any grants? MR. DALTRY: Not writing any grants. Lee County has supported the grant writer to put this particular grant together. After that applicants have to either-- like if she was writing a grant for Collier County that was going to go for a program that was useful for getting, that would be normal work for her. Until we get the funding to develop a grant writer specifically for outreach, rural areas or underserved area, that's about the way we're going to do it. It's whoever can provide volunteer time, and that's why half of the community is made up of people who are providing volunteer time for such activities. We would not expect her to write any grants for the program. The three hours of two months -- because we meet every two months. The intent is to have all subcommittees before and after every meeting. Now, if we start getting a grant load, we're going to ask people to read them. Of course, every council member will be responsible for reading the grant applications we're going to endorse and act intelligently. So one expects grant writers to be a bit more intelligent on the components of grant writing than the rest of us or other common folks. CHAIRMAN HENNING: Before I go to Commissioner Coletta, Mr. Daltry, as I read this, the perception that I had is much different than what you're explaining to the Board of Commissioners. Now, let's just, you know, keep it straight. If you receive a grant there's going to have to be a match; correct? MR. DALTRY: I don't-- CHAIRMAN HENNING: Have you ever received 100 percent grants? MR. DALTRY: The staffing grant is 100 percent. If you receive -- make application for a grant for like the fire, yes, you will need Page 158 September 23, 2003 match for that, but that's for your work or your area. I think I already mentioned that. You would need to match any grants that you are applying for through the kind of grant programs this program makes more available. The funding or this application is for a staffing grant that is to be 100 percent, and at the most we're trying to get the soil and conservation service to devote more time of their NRCS attached employees into this program. So I'm not saying -- I'm saying that we are not asking Collier County for match money for the grant that's before you. But should Everglades City need apply for a grant that has a 50 percent match, I hope they have 50 percent or they're going to be before you asking for 50 percent under Collier County's heading. CHAIRMAN HENNING: And staff time is -- there is a dollar amount on staff time. MR. DALTRY: Yes. CHAIRMAN HENNING: You know, it could be $100 an hour or it could be $200 an hour. It depends on the qualification of the expertise that you're requesting to donate. MR. DALTRY: Well, the expertise I was asking to donate was, basically, under our council setup of three from each county, we're looking for a private person, a county person, and then another in Collier County if the other is a city person. The private seems under represented except when you realize the soil and water conservation service -- which we're going to know as stitched on the hip that has the direct access to all of the private rural organizations and, of course, has its own board set up. So that is our access outreach connection for immediately. CHAIRMAN HENNING: What I see the purpose and intent is to try to preserve, you know, flow ways or something of that nature where it does connect to two different counties for natural resources, and also it provides social abilities. I've also seen something about preserving urban areas. Page 159 September 23, 2003 MR. DALTRY: The NRCS Department of Agricultural Programs seems to be for our area in particular due to our rapid urbanization applicable throughout most of our urban areas. CHAIRMAN HENNING: So that means new urbanism, smart growth, things of that nature; correct? MR. DALTRY: The rural land stewardship program, which you probably heard suddenly a lot of because it's a new pop phrase being used in Florida, is the concept that this agricultural and rural lands program is promoting, so they have in there a list of programs, things that now fit under that smart growth heading such as what you're doing with your rural county, the rural Collier assessment. CHAIRMAN HENNING: Right. It's something that we did do. MR. DALTRY: Yes. CHAIRMAN HENNING: But the concept of new urbanism or smart growth is a spin word that our citizens really are not aware of what it all means. I'm not even sure -- well, no, I can say that I'm almost positive that the citizens of Collier County would not be in favor of that type of thing. What role would this RC&D play on land-use items? MR. DALTRY: It would play no role that you were not asking it to play. As a program set up for assisting grants, it's not going to be doing your urban and rural planning. You've got a regional planning council where you meet together on multi-county purposes and, of course, the regional planning council interacts with your local planning program. It's going to do none of that. But if you want a grants, and if there was one available to examine new urbanism opportunities, you've already done it for your rural area by promoting or pursuing a grant that would create green space and aggregate land uses. I mean, what you've already done in your Collier County study, that's something I think that's becoming available under grants programs through the USDA. But they're still -- and this is where I Page 160 September 23, 2003 learned conservation. They're still the traditional group that teaches contour plowing, wise use of resources, best management practices in stormwater so that the farmer doesn't discharge unnecessarily polluted water into your streams under the old flood discharge system. This is a program that also helps educate people on how to do some of their rural task farming better. So you have that interim process for the existing soil and water conservation districts. The trick there is to make sure they, too, have this corporation to assist them to get the grants that they're otherwise not getting because of the strange competitive nature rural areas have with some having regional affiliations that are able to bring more support to an application than individual stand alone counties. CHAIRMAN HENNING: Mr. Mudd. MR. MUDD: Wayne, I'm pretty familiar with the RC&Ds up in the midwest. Now, by having a RC&D, you can get at dollars that other people can't get at based in the Department of Ag and the NRCS budgets. MR. DALTRY: We have not been able to get to them. MR. MUDD: That's right. So it opens doors for funding that you can't have without having an RC&D that's been established in this particular county. That's all this organization does is open that door. CHAIRMAN HENNING: Well, that clarifies it for me. Before I go to Commissioner Coletta, if there is a grant out there to take big government out of local government's business, I'm all for it. If you can take the corps of engineers and the district out of our business, that would be great. Commissioner Coletta. COMMISSIONER COLETTA: Wow. I don't know if I could ever top that. MR. DALTRY: I was just going to link arms and start singing. COMMISSIONER COLETTA: That was pretty neat. Wayne, I know that the southwest regional planning council has Page 161 September 23, 2003 been very supportive of this, and we already put money into that to try to move this forward. I see this as another tool in the tool box. CHAIRMAN HENNING: I'm okay with it. COMMISSIONER COLETTA: I would like to make a motion for approval. COMMISSIONER HALAS: I'll second it. MR. MUDD: What you're approving is authorization for the chairman to sign the form contained and attached to indicate Collier County support for the southwest florida regional or the RC&D council's request for RC&D program assistance. COMMISSIONER COLETTA: That's correct. CHAIRMAN HENNING: We have a motion by Commissioner Coletta, a second by Commissioner Halas. Any more discussion? (No response.) CHAIRMAN HENNING: Seeing none. Do we have any speakers? MS. FILSON: No, sir. CHAIRMAN HENNING: All in favor of the motion signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. Thank you for the clarification. MR. DALTRY: Thank you. Item #9B Page 162 September 23, 2003 RESOLUTION 2003-333 APPOINTMENT OF MARLENE FOORD, A REPRESENTATIVE FROM COLLIER COUNTY GOVERNMENT, TO THE SOUTHWEST FLORIDA RESOURCE CONSERVATION & DEVELOPMENT (SWFRC&D) COUNCIL- ADOPTFD MR. MUDD: The next item, Commissioners, is a time certain that's to be heard after 10(E). It's 9(B) to appoint a representative from Collier County Government to the Southwest Florida Resource Conservation & Development, SWFRC&D, Council. We received a request from Mr. Polizos asking that Marlene Foord be appointed to the council. This council does not work specifically for the Board of County Commissioners so, therefore, it isn't a violation in our ethics policy for an employee to work. We have another employee, Alicia Abbott, that works on the Big Cypress Basin board. I would say if you're going to let Marlene Foord sit on this council that the board at least indicate that it is for the public good that she performs those duties. Mr. Daltry said it would be three hours every two months. If it's in Lee county, it will probably be six because she's going to need about an hour and a half to travel back and forth every two months. CHAIRMAN HENNING: Well, we've got the county plane so that should solve it. COMMISSIONER COYLE: It should take only two hours to get there. COMMISSIONER COLETTA: But you have to wait four hours for the plane. CHAIRMAN HENNING: Entertain a motion? COMMISSIONER COLETTA: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Motion by Commissioner Coletta. Second by Commissioner Coyle. Any discussion on the motion? Page 163 September 23, 2003 (No response.) CHAIRMAN HENNING: All in favor of the motion signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENN1NG: (No response.) CHAIRMAN HENNING: Opposed? Motion carries unanimously. Item # 10J RESOLUTION 2003-334 AUTHORIZING THE ISSUANCE OF CAPITAL IMPROVEMENT AND REFUNDING HALF-CENT SALES TAX REVENUE BONDS SERIES 2003 IN AN NOT TO EXCEF, D AMOIJNT OF $51,000,000- ADOPTF, D MR. MUDD: Commissioners, that brings us to Item 10(J) which was to be heard after those two items. This has to do with approval of a resolution authorizing the issuance of capital improvements and refunding half-cent sales tax revenue bonds Series 2003 and not to exceed the amount of $51 million. Mr. Smykowski, the director of the office of management and budget will present it. CHAIRMAN HENNING: Keep it short. MR. SMYKOWSKI: Good afternoon, Commissioners. For the record, Michael Smykowski. We do have an adoption of a bond resolution before you today that would finance the construction of the Collier County Jail, the community development expansion, and there is a refunding portion. Typically in refunding scenarios we're looking for 5 percent net present value savings based on current market Page 164 September 23, 2003 conditions. It would be an estimated 8.64 percent savings. At this point if there are no questions -- the board has on separate occasions for both of these projects -- both in the award of guaranteed maximum price for the jail in June as well as in July when they approved reimbursement resolution, it was noted specifically in the executive summary that a sales tax revenue bond would be forthcoming to ultimately finance the construction of those projects. CHAIRMAN HENNING: Commissioner Coyle. COMMISSIONER COYLE: To convert this to English so the viewers understand what we're doing, among other things you're refunding bonds that have a higher interest rate than we can get now resulting in a savings to the taxpayers of almost a half million dollars. MR. SMYKOWSKI: That is correct. It's not unlike refinancing a home mortgage to put it in simple terms, yes, sir. COMMISSIONER COYLE: Okay. Thank you. I make a motion to approve. COMMISSIONER FIALA: Second that. CHAIRMAN HENNING: Second by Commissioner Fiala. (No response.) CHAIRMAN HENNING: motion signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries. MR. SMYKOWSKI: Thank you. Motion by Commissioner Coyle. Any further discussion? Seeing none, all in favor of the Page 165 Item #8J September 23, 2003 ORDINANCE 2003-53 ORDINANCE SUPERCEDING AND REPEALING COLLIER COUNTY ORDINANCE NUMBERS 99- 22 AND 00-58, COLLECTIVELY KNOWN AS THE COLLIER COUNTY ETHICS ORDINANCE. (DAVID WEIGEL, COUNTY ATTORNF, Y)- ADOPTF, D W/CHANGES MR. MUDD: Commissioners, the next item -- we're going back to Section 8, which is advertised public hearings. The next item on the agenda is Item 8(J), which is for the Board of County Commission to consider the adoption of an ordinance superseding and repealing Collier County Ordinance No. 99-22 and 00-58 collectively known as the Collier County Ethics Ordinance. Mr. Pettit will present. CHAIRMAN HENNING: I just have some things that I would like to see if we can put into this ordinance, Mr. Pettit, before you speak. Well, we know that elected officials and staff cannot receive money or gifts designed to influence their decision under this ordinance; correct? MR. PETTIT: Correct. CHAIRMAN HENNING: Is there any way that we can get in there that the elected officials or staff shall be honest to the public, especially when it comes to tax dollars, and elected officials staff shall treat tax dollars like their own? MR. PETTIT: Yes. We can amend the ordinance on the floor and put language of that sort in. You may want to place it in the statement of policy, which is Section 3 of the ordinance. MR. MUDD: If I can, Mr. Chairman -- CHAIRMAN HENNING: Mr. Mudd. MR. MUDD: You can put it right after the second sentence so that the statement of policy would read something like this: "It is the public policy of Collier County that public servants work for the Page 166 September 23, 2003 benefit of citizens of Collier County." That already exists. "It is the responsibility of each public servant to act in a manner that contributes to insuring the public's trust in its government." That already exists. The new added line is, "In particular to always be honest with the public they serve and to be good stewards of the tax dollars entrusted to them." That would be the line that I would add that would capture those particular thoughts that you just spoke about. Then it would go on to say, "To this end an individual covered by this ordinance shall (1) not use his or her position as a public servant..." and it goes on. So, we'd basically capture that in intent. You'd get both of those things with that one sentence. CHAIRMAN HENNING: Mr. Pettit, can you just hit the highlights of the changes of the ethics ordinance? MR. PETTIT: Certainly. We outlined those in the executive summary. I think some of the important ones are that the ethics ordinance has been expanded to cover in some particulars all county employees. It now contains the policy statement we just talked about which, I think, gives a context to what we're trying to accomplish here which we lacked in the old ordinance. Now, you can read that policy statement, although that in and of itself is not the prohibition or what you're allowed to do. It put those prohibitions in context and will make it a lot easier, I think, for people to interpret or understand. We've got some additional restrictions on gift prohibitions, especially for employees involved in vendor selection or contract approvals. We defined the term relative. We deleted the personal relationship exception, which I know has come up in the past as a concern from some members of the public and others, I believe, as possibly allowing the prohibition to be swallowed up by the exception. We also now have post-employment restrictions which impose restrictions potentially on all employees depending upon what their activities are while they're here. Those would go forward looking Page 167 September 23, 2003 forward from the date this ordinance becomes effective and would last for two years. They apply either to the different categories of employees, such as the county manager, chief assistant county attorney, and they also apply to people involved in the management and supervision of contracts, selection of vendors and contract performance. They also would apply to all kinds of employees to the extent that they would want to come back before the Board of County Commissioners or to the division administrators and the department staff on a matter for compensation in which they were personally and materially involved while they were county employees. Let me give you an example. I have a very good paralegal sitting upstairs, and I was thinking about this. She doesn't manage contracts. She's not one of the designated types of officers that would be subject to these post-employment restrictions. However, it would seem to me that as she works on matters for the county attorney's office and the board, if there was a matter where she took a significant role performing services, whether it would be a litigation dispute or the drafting of a resolution, whatever it may be, she could not then later come back and talk with the staff and represent somebody for money and deal with the county manager or this board. So it would reach out and get people like that solely in the instance where they have had material involvement in the matter at issue. So she might be able to come back on matters she never had any dealings with while she was with the county because she's not in one of the other prohibitive categories. CHAIRMAN HENNING: Commission Coyle. COMMISSIONER COYLE: I have a number of questions, Mr. Chairman. None of them have anything to do with the intent of the ordinance or the provisions. They have to do with clarity. Having dealt with ethics ordinances now for five years, I know that if it is unclear you can be sure it's going to be violated. I would like to go Page 168 September 23, 2003 through some things and see if we can't clarify some issues so that there can be a clear understanding of what is expected from us and all of our employees. Let's start on page 4 under the definition of county managerial employees. We're saying -- and included in this definition are those county employees actively engaged in selecting contractors or in supervising, overseeing, or vouchering for contract performance. It's a good provision. How about the people who are responsible for doing building inspections? Wouldn't that also be a reason for someone not to accept a gift? Shouldn't those people also be included under this ethics ordinance? MR. PETTIT: I believe they are to the extent that it would be a gift that would otherwise be prohibited. I mean, this extends beyond county managerial employees, Commissioner Coyle. That definition, by the way, is there in part to deal with post-employment restrictions. COMMISSIONER COYLE: Okay. I would disagree with you that these definitions are all inclusive. Let's go through them and perhaps you can enlighten me as to where some of these definitions are contained. On page 5 under paragraph C, the second paragraph says, "However, no employee shall participate in the selection of a vendor for approval of a contract." Employee -- I cannot find a definition of employee. I can find a definition of a county managerial employee. I can find a definition of a public servant. I cannot find a definition of employee. Now, are we incorporating some set of definitions from another ordinance somewhere or have I missed something? MR. PETTIT: No. The definition of public servant includes the term "employees of the Board of County Commissioners." I understand your point. COMMISSIONER COYLE: Wait a minute. Now, it says, "employees of the Board of County Commissioners, and we only have eight employees plus the county attorney. The employees -- the Page 169 September 23, 2003 other employees are employees of the county manager, and therein lies the problem. We've got some structural issues here, I think, that have to be cleaned up to make this do what it's supposed to do. It says, "public servant includes all public officials as defined above," and "a public official is a member of the Board of County Commissioners, advisory board members, and county managerial employees, and it also says all employees of the Board of County Commissioners. We have only eight employees and the county attorney. MR. PETTIT: If you look at Section 2 of the ordinance, the first page, I understand your question, I think. It states that "the scope of the ordinance shall apply to all public servants of the Collier County Board of County Commissioners, which includes public officials or that are elected or appointed and all county employees. COMMISSIONER COYLE: Then I think that should be included under the definition. MR. PETTIT: Okay. COMMISSIONER COYLE: I think it's going to make it a lot clearer if we include those under the definition. Now, when we go to gifts at the top of page 5, paragraph A, I guess I understand this to mean that I can serve as an official or director of a development corporation in Collier County and be paid a salary without having a problem. I don't think that's your intent, but it might lead one to believe that that's okay. MR. PETTIT: I think that would apply potentially in a situation where somebody had an additional job. MR. MUDD: Commissioners, there's been times when there's been -- previous to this board and even during this board, we've had members that have had a business where they received-- COMMISSIONER COYLE: It shouldn't be allowed. Go ahead. I'm sorry. I'm just joking with you. MR. MUDD: They received compensation from that particular Page 170 September 23, 2003 business or function while they're serving on the Board of County Commissioners. MR. HENNING: Okay. MR. MUDD: In the past the Board of County Commissioners' particular role hasn't been a full-time job from what I've been told. It's becoming more of a full-time job, but in the past it hadn't been. MR. PETTIT: Let me address that too. In our personnel rules -- and this is not a right at least as I've interpreted it over time -- but there is a provision to deal with dual employment. I believe there are county employees who may have dual employment, and if they follow the necessary procedures through the directors and division administrators and the HR staff, they're allowed to receive that dual employment. And I think here the intent is to take away any question of a gift. It would not include salary, for example, or expenses they receive from that dual employment. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: You understand where I'm going. There is a county commissioner who is trader indictment -- a former county commissioner that's under indictment because of something he did as a result of a company that he was involved with. I'm merely trying to find a way to find this so that we can prohibit those kind of things from happening in the future. I just want to call it to your attention and see if you think you can deal with it. Then if we can go to page 6, bottom of the page under "lobbying," I'm not sure I understand the qualification "direct compensation." There are all sorts of ways of compensating somebody for lobbying for you. Is there a good reason for saying or emphasizing direct compensation in both that particular paragraph and the top of the paragraph on page 7? COMMISSIONER HALAS: I think it should read "any type of compensation." COMMISSIONER COYLE: Unless there's a good reason for Page 171 September 23, 2003 qualifying it. I just don't understand what the reason might be. MR. PETTIT: Well, I will tell you, and I shouldn't plead ignorance, but I'm going to plead ignorance on this one because now Judge Manalich drafted this, and he was involved in a lot of the discussions on what you see as changes. And this actually occurred to me today as I sat here and heard an owner, an obvious owner of a business, stand here during a land-use item and address the board. I assume he takes a salary from his business, but I don't think his primary purpose is to lobby on behalf of the business or others and receive direct compensation that way. That is the distinction I was making in my head because I became aware that this person was not registered as a lobbyist. I looked at the language in the old ordinance, and I looked at this, and my impression was -- and I have since checked upstairs where the interpretation of our office has been, and I think this is why this is here is to try to get at that problem. What we're talking about is if you hire, for example, an engineer or an attorney to come in here and assist you in a presentation of a land-use petition -- although in the quasi-judicial matters now there's an exception for attorneys being proposed here, so I guess that's not a great example. Let's say the engineer -- that person is here as a lobbyist because they are being paid direct compensation to attempt to influence the decision on this board on a land-use item. So that is the distinction I'm drawing in my mind and based on the history I collected today. Frankly, the light bulb kind of went off in my head today as I was sitting here listening to people present items. COMMISSIONER COYLE: Well, I have a little bit of a problem with it, but I understand exactly what you're trying to solve. There's another problem that has to be solved, and that's where a person escapes being labeled a lobbyist by receiving not direct compensation but indirect compensation. And if there's a way of Page 172 September 23, 2003 wording it so that escape clause or escape opportunity doesn't exist that would be good. Also, at the top of page 7 we're talking about a reporting individual or procurement employee. I'm not sure that either of those are clearly identified in the definition section. It would be helpful if any place we're referring to a person or a job category that would be covered in the ethics ordinance -- it would be good if we had it very, very clearly identified under the definition section so that there wouldn't be any misunderstanding about who should be covered by these things. MR. PETTIT: I'll just say -- I'm looking here, and I don't see the reference on the page referred to. COMMISSIONER COYLE: Page 7, second line down from the top, and the last three words on that line, "a reporting individual." It also says "or procurement employee." That procurement employee might be self-explanatory, but a reporting individual -- MR. PETTIT: Actually, those are terms of art that come directly out of Chapter 112 of the Florida statutes, and maybe there's a way we can define them by referring to those statutes. COMMISSIONER COYLE: But Chapter 112 also has a more extensive list of definitions. I think if we include reference to that, we also ought to include the definition for that. So, again, look what's going to happen. This is going to go out to employees and to the people who follow us. They're going to read it. If they don't understand it, they're going to violate it. They're not likely to go back to the Florida statutes to try to understand where we got the terminology. Okay. I've covered most of my concerns about clarity. The intent I think is great. I would like to commend the chairman for his efforts in expanding the applicability of the ethics ordinance and tightening up some of the loopholes. But a really important point is this must be precise because it's always in the interpretation where we Page 173 September 23, 2003 run into problems. CHAIRMAN HENNING: Commissioner Coletta. COMMISSIONER COLETTA: Thank you. I also, too, would like to extend my appreciation to the chair for all his work that he has done on this ordinance. I do have a couple of things. One is first a statement. I don't know how you would ever handle it in an ethics ordinance, but I do believe somewhere along the line we should have it addressed where if you're going to be a county commissioner it should be your main job. It should be your -- just about your sole job. You can't serve two masters. You can't have anything that's going to come back to conflict. We are three commissioners that have left their life-long employment to take this position with full realization that that is the commitment you have to take. With that I'm going to leave that statement, but I do have a couple of questions. When I say "page," I'm going to the written page at the bottom, No. 3. Up at the top, if you come back to the last sentence it says, "The statement of policy in general standards of conduct set forth in this subject are not subject to the penalties provided for in this ordinance." What's that mean? MR. PETTIT: The intent there was to indicate that the penalty provisions are elsewhere in the ordinance. You would not rely simply on the statement of a policy in and of itself as the basis to impose the penalty. You would need to have a violation of a specific provision of the ordinance. However, the statement of policy would give you context in helping you define the other terms in the ordinance. CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER COLETTA: Oh, one more if I may. CHAIRMAN HENNING: Oh, I'm sorry. COMMISSIONER COLETTA: That's quite all right. The next one I have -- look at page 3. We did that. I'm sorry. It's page 5. Sorry about that. Some day I'll get this desk balanced so Page 174 September 23, 2003 that -- down over here we have a strike out, and I can't figure out why it was struck out. "Elected official means any member of the Board of County Commissioners." Why was that struck out? COMMISSIONER COYLE: It's included under public servants. COMMISSIONER COLETTA: Okay. If that's the reason why, I can buy that. One last one, and this is on page 8. COMMISSIONER COYLE: I'm sorry. I misspoke. I think your point is a good one. COMMISSIONER COLETTA: Oh, okay. See, I trust you so much, Commissioner Coyle, that when you say it's all right I'm ready to move on. Could you address that, please? MR. PETTIT: The question of striking out the elected official? COMMISSIONER COLETTA: Yes. MR. PETTIT: I think that the definition of public servant sweeps that in. Public officials in particular-- members of the Board of County Commissioners, advisory board members, and county managerial employees, "public servant" includes all public officials which would sweep in all the advisory board members, the Board of County Commissioners, and so those two terms -- I think the thought process was there didn't need to be a separate definition of an elected officer. COMMISSIONER COLETTA: That's why we have attorneys to explain these things to us. Thank you. CHAIRMAN HENNING: Commissioner Halas and Commissioner Fiala. COMMISSIONER HALAS: I think, Mike, you're probably getting at the gist of what we're trying to get across here, and that is to simplify the ordinance so that any individual that reads it doesn't have to have a lawyer to understand exactly what is implied by this ethics code that we're going to establish. So I think that's where we need to go. Make sure there's no gray areas, that it reads very explicit, and that anybody with a 12th grade education or above can read this without Page 175 September 23, 2003 having to be a rhode scholar, and I think that's what we really need to put in place here. CHAIRMAN HENNING: Commissioner Fiala. COMMISSIONER FIALA: That was my first comment as well, so I'll just say yes. The second thing is more of a housekeeping item. We talk about lobbyists throughout this, and yet I would never recognize a lobbyist. I don't know whether they're paid or not -- whether they're a paid lobbyist. I don't know whether they've registered or not, and I don't know whether they've registered every year or not. Is there some way to identify a paid lobbyist? For instance, I would recognize, I'm guessing, Bruce Anderson as a paid lobbyist, and he was here this morning. But somebody sitting in the audience, even if a list was provided to me -- I don't know that person. How would I know that that's a paid lobbyist? So I was wondering if maybe somewhere along the line we can figure out a way that maybe they wear a ribbon or something -- COMMISSIONER HALAS: Name tag. COMMISSIONER FIALA: -- that would then identify that person. MR. PETTIT: First of all, as this has been proposed, you will notice that one of the changes is that attorneys coming before judicial officers such as yourselves when you have a quasi-judicial proceeding such as a land-use petition are not going to be treated as lobbyists. When they are here to talk to you about legislative matters or other types of matters, then they would be treated as lobbyists. That's based on the fact that the Florida Bar regulates attorney conduct in judicial tribunals, and that change was proposed in this ordinance. So that's one point on the attorneys. Otherwise, I think the way -- again, I actually -- because as I was sitting here today, I had my first opportunity to see how this works a little bit. And I was looking at this thinking about having to make this presentation, and I think one of Page 176 September 23, 2003 the issues about the lobbyists is do you want to act as a policing agency because the burden of identifying yourself as a lobbyist and registering and paying the fee is upon the people who are covered by the ordinance. I don't believe that this ordinance as it was drafted previously or as it sits here today placed a burden on the board. One of the reasons I would say that is one of the provisions you'll see in here is on page 11, agenda page 12 at the bottom -- you'll see this is from the old ordinance too. The validity of any actual determination of the board or of any county personnel board or committee shall not be affected by failure of any lobbyist to comply with the provisions of this section. The idea was not to a place a burden on this board to seek out people who were violating the law, if you want to call it that. So I'm not sure how to respond on your question about how you identify a lobbyist. We've tried to define that. Maybe we can provide more clarity. CHAIRMAN HENNING: I don't think that's broken myself. MR. PETTIT: Pardon me? CHAIRMAN HENNING: I don't think it's broken myself. MR. PETTIT: Okay. CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER HALAS: Maybe we can get some clarification from Jim down here from the clerk of courts in regard to that. It was brought to our attention some time ago that it was -- basically, we were told to make sure that anybody that came before us that they were a registered lobbyist. So I guess we'd like to have some clarification from the clerk of courts over here. MR. MITCHELL: The question specifically? For the record, Jim Mitchell. I remember the incident that you're referring to where Dwight came and spoke to you about the potential legal issues on hearing an Page 177 September 23, 2003 unregistered lobbyist. Unfortunately, I'm not an attorney. I cannot really speak to those particular legal issues. The one thing that I can tell you is the clerk of the circuit court does maintain your lobbyist list. But we'll have to get together with Mr. Brock, and maybe have him come back and address the particular legal concerns that he had with you guys hearing a lobbyist if they're not properly registered. COMMISSIONER FIALA: Right, and being able to recognize them. I wouldn't know, No. 1, if they -- you know, who they even are. I was reading over the list that Commissioner Henning provided me, and I recognized some of the names, but I bet over half I've never heard of before. CHAIRMAN HENNING: Commissioner Coletta. COMMISSIONER COLETTA: Yes. Miss Student, would you be so kind as to get the sign just outside the door there? I think what we did before is there should be a sign out there that says about lobbyists registering. MS. STUDENT: Certainly. COMMISSIONER COLETTA: What we did, I believe, is we put this sign together with the help of Dwight Brock, the clerk of court, to be able to put the burden of who a lobbyist is on the person that walks through the door. So when they see the sign, they know that they have to be registered and what a lobbyist is. CHAIRMAN HENNING: Maybe it should be a neon sign. COMMISSIONER COLETTA: A flashing neon sign -- COMMISSIONER HALAS: I'll go along with that. COMMISSIONER COLETTA: -- with a revolving barber pole. Would you read that for us, please. MS. STUDENT: For the record, Marjorie Student, Assistant County Attorney. I am reading the notice sign about lobbyists. "Important notice: All lobbyists must register with the Clerk of Courts prior to speaking before the Board of County Commissioners. To Page 178 September 23, 2003 register call 774-8406 or visit the Clerk of Courts Board Minutes and Records Office on the fourth floor of the Harmon Turner Building (F). It is a criminal offense for a lobbyist to address the Board of County Commissioners without first registering with the Clerk of Courts." COMMISSIONER COLETTA: So they've been forewarned. MR. PETTIT: We do have a public speaker. MS. FILSON: We have a public speaker, but I want to let you know that it's also mentioned on our speaker slips and on the front page of our agendas. COMMISSIONER FIALA: Well, then it isn't our responsibility to know whether that person is a lobbyist or not, right? MR. MUDD: Well, Commissioner, what we have is we have a list that comes before the -- this is Jim Mudd for the record. We have a list that I get the first thing in the morning before a board meeting that lists all the lobbyists. I draw up my old list, and I've got my new one sitting right here, and we go down the list. Sue has one, too. We try to identify those people as lobbyists or not. As an ounce of prevention, the chair could ask a question as they do in the planning commission before a speaker gets up: "Are you a registered lobbyist?" at that particular juncture. That's another ounce of protection that you could have. But, clearly, we posted it just about everywhere we could post it. As far as those folks, if they're coming before the board and receiving some compensation for being there to try to sway you in your decision, that's why the whole registration process is there. But we do have several of our representatives on this list because sometimes they wear that other hat. CHAIRMAN HENNING: Okay. Can we go to public speakers? MS. FILSON: Yes. We have one registered speaker, Robert Wiley. MR. WILEY: For the record, m Robert Wiley, and s~nce I'm I, · . doing this off the clock, I'll have to give you my home address. It's Page 179 September 23, 2003 18100 Glades Farm Road in Estero, Florida. We got this e-mail -- I guess all of the county staff received it. They asked us if we had any comments to provide comments, so I did, and basically I was advised to address my comments to you directly. Hopefully, it won't result in my immediate termination. I say that having been here for over 16 years and having seen people terminated for coming to speak on their own time. I do this -- it's from personal experience having seen that happen. My concern deals with post employment primarily. I've been working with the county for over 16 years. I'm an engineer. If I were to take employment with any other engineering firm, my forte is going to be coming into -- my experience is based upon stormwater in this county. So, basically, if this is approved as written, I view it as saying that I could not work in Collier County for a ~local engineering company. I really would look at that and say, after 16 1/2 years of working for the Board of County Commissioners, why is this being imposed upon me.9 If this condition were something I had accepted at the time of my employment, then fine I accept it, but it's a bit late now. So I'm just concerned about it that it would affect my future employability should I ever decide to leave county employment for retirement or for whatever reason. That's just a concern that I have. I do like the one provision that the attorneys have put in there to exempt themselves. That's sort of like our senators exempting themselves from all federal laws, you know. I wish it were -- if we're going to throw everybody in the pot, throw everybody in the pot. Don't leave people out. I do have a concern that it would appear to be -- what I would consider to be a noncompete clause for a county employee such as myself, and there's a lot of us out there in these situations that are involved in a lot of day-to-day operations that all at once are going to get hit by this or them saying your forte or your strength for future Page 180 September 23, 2003 employment in the county no longer exists. I personally have no problem with the gifts. I mean, I appreciate the clear definitions here. I don't like even being considered offered a gift. It's for years put us in the embarrassing position of explaining to people why you shouldn't even be offering it to us. I'd like a document you can show in front of somebody. There's some good strong points, but it's just post employment that has hit a lot of employees or will hit a lot of employees that all at once really brings consideration to should we resign now before it goes into effect. But if we have to give two-weeks notice and you're going to adopt it today, well, we can't resign in good status. I don't want to get in that position myself. That's a concern that hopefully you'll give good consideration for. CHAIRMAN HENNING: Commissioner Coletta. Commissioner Coyle. COMMISSIONER COYLE: Mr. Wiley, I've known you for a long time, and you're above reproach. The problem is that quite often we'll have people that know the system extremely well. They'll leave the employment of the county, and they'll come back through the back door. They're people with familiarity there to the point where they've rewritten things. We've known of several occasions where this has happened. True, in your case and some other cases, I can see where there might be a burden, but how do we separate one from the other? This has always been a problem. This is one of the reasons why commissioners should not have the ability to come back, because they still hold a certain amount of influence for two years. As far as the county attorney goes, I read this where he's included as one of the employees of Collier County government. I see the strike out you're talking about. I was going to bring it up, but then I read a little bit farther. I found where it did come back and refer to county employees under the commission, and that's exactly what the attorneys are. So unless I'm mistaken, and I'm Page 181 September 23, 2003 sure that will be clarified, they're covered. I don't know if this is giving you much comfort, but I do feel for what you're saying. I'm not too sure what I can tell you. If the past -- you might have to work in the office dealing with all these things and not be able to come to the county to be able to deal directly with the commission. What would be the limitations, commission and staff?. MR. MUDD: Commissioners, it does cover the county attorney's personnel. It's just that the county attorney isn't called a lobbyist, okay, when a lawyer is representing a client. Okay. In that case he wouldn't have to register as a lobbyist. But post termination pieces affect the county attorney's office as well as the employees that work for me and you, by the way, because you are an employee of Collier County in the definition of this particular ordinance. What I would also say is David Weigel -- this was a very difficult thing for David, because David is basically a county attorney that deals in local legislation issues. That's his forte. So when you say you can't come in front of the Board of County Commissioners in this county, that pretty much tells David he's leaving because he can't work here because he can't sustain himself and his family with that post termination. David and I spent -- well, when Ramiro was here, we spent a lot of time talking about this. Ramiro and I and Commissioner Henning have been working on this ordinance for six months. It's been in front of this board at least twice, now the third time, for guidance. What I would also mention to the board is this is a vast improvement over the pieces of garbage that we presently have. If we make all the changes that you want to make, specifically Commissioner Coyle, we will probably have to readvertise again. I would beseech this board, okay, that we at least pass something better than what we've got on the books right now, and we work on those particular definitions to add some more clarity where there might be some gray areas. But I will say to you this is a vast Page 182 September 23, 2003 improvement over the two pieces that exist right now on our books. And this does effect a lot more employees covered by this ordinance, in particular, anybody that touches a contract, per se. In answer to Robert, it says that you can't come lobby the board for a particular project after you're an ex-employee for two years. It doesn't say that you can't get a job for an engineering firm and work for them in their stormwater areas. What this ordinance is trying to do is -- Robert's developed some professional etiquette with you. Because he comes in front of you -- and he's your subject matter expert, and he comes to you with stormwater, if Robert tells you it's so, I can tell you 99.99 percent of the time it's so. There's not very many times where I've said, "Are you sure, Robert?" But I will tell you having that same person address you when he's an ex-employee, he brings a certain credential with him when he comes to that podium. What we're trying to say, in his ex-employment hat that he's wearing, is guess what? He might be telling you all kinds of fibs, but you're so used to believing him because he was the stormwater director that you'll do that. Trying to get that separation of two years between the board and an ex-employee is to give you that benefit of not having to decipher is this the old Robert Wiley that's talking to me, or is this the new Robert Wiley that's talking to me that I can't trust. So it's a mechanism to be put in there to basically safeguard the board from getting captured into a place where they don't want to be. CHAIRMAN HENNING: Commissioner Coyle. COMMISSIONER COYLE: Robert, I think if everybody had the same level of ethical behavior you did, we wouldn't need an ethics ordinance. I would trust you. I can tell you that your concern is a valid concern. When this similar provision was enacted in the City of Naples in 1998, we lost one of our most valued employees as a result of it. I hope that doesn't happen here, but I think there is sufficient flexibility Page 183 September 23, 2003 in the wording to permit someone to go to work for a company in their area of expertise and do a good job and make a good salary without having to personally come in and appear before the Board of County Commissioners or advisory board during that two-year period. After that two-year period is gone, then one can move into that direct representation phase later on. I think there's opportunities to deal with that. I don't think it Would be as severe as you might imagine, and I hope that it doesn't become an issue for you at all since we would like to keep you here in county government. But if we didn't have people who had lower ethical standards in Collier County, we wouldn't have to have this thing at all. Unfortunately, it's a provision that is probably necessary. CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER HALAS: I think that if you've ever done any work on the outside, you'll notice that in the private sector they have basically the same type of ordinances regarding employees who are high up in the management roles where they do not compete directly with that firm for a number of years. I think that's what we're trying to do here. It's not to punish you in any way. It's to make sure that we protect the interests of the citizens of Collier County. We've known in the past there has been some times when that's been jeopardized. We trust you very much in your line of work and everything. And as Commissioner Coyle said, this is a provision that's put in there because of past transgressions and the fact that we're trying to protect the interest of not only the county but all people here. As I said, this basically falls in line with the private sector and how they operate. CHAIRMAN HENNING: Mr. Wiley, I want to thank you for taking the time to come address the board as an employee with concerns, but I think Commissioner Coyle really hit it on the head. It's because of the past is where we're at today. It's not only for you, but it's for me too. Page 184 September 23, 2003 You know, recently my wife had a baby, and when she became pregnant one of my friends that I've known for a long time brought some little trinket gifts for my wife in a public setting. One of the members of the public did come up to my wife and make a statement that she's not to accept those gifts. It is what it is. She didn't -- she took the gifts because there is provisions within friendship and gifts under a special occasion, but I know what you're saying and how it affects you personally. It affects all of us personally. Is there anything else that you want to offer? MR. WILEY: Well, from the standpoint of what the ordinance as proposed reads, I could not even come back and talk to someone that currently is my employee and their department level. You can't even address the department. That pretty well puts me as an engineer in stormwater out of business in this county. You can't even go talk to the staff. I think some of the language in here is really putting a severe burden upon your existing employees on what they could do future employability-wise. I guess my concern to direct Commissioner Halas is, at the upper management level you know that's going in. Lower management, regular everybody John Doe staff, doesn't have that same noncompete type of criteria put against them, which is now being put against all of the county staff. I'm just using myself as an example. I'm sure that if a lot of people had the opportunity to have taken off-- I just happened to be scheduled to listen to a lot of items on the board here anyway, so I thought I'm going to stick my neck out here and take a chance of getting it chopped off to express a concern of the employees that a lot of us are facing in the same situation. I know it's not even directed to me personally. I understand that. I understand it's because of past transgressions. But I would ask you to take real consideration of what you're really asking your employees to accept now. That if we should ever choose to leave the Page 185 September 23, 2003 employment of Collier County, we have to move somewhere else or change fields of work for at least two years. So given that let's look at a positive spin to it. As part of the employees compensation package when they leave, there's accrued time that you can still get paid for in your benefits, separation pay. Why not propose to give them two years salary? CHAIRMAN HENNING: I don't think -- MR. WILEY: Now, that's a far-fetched example. That's a very gross exaggeration. But give it some consideration. Make it so that it's not a one-sided issue. You probably won't, but that's my concern. Thank you. CHAIRMAN HENNING: Thank you. Commissioner Coyle and Commissioner Coletta made a statement, and I want to thank you for recognizing our trying to tighten up the ethics ordinance. It's one thing to swear that you won't -- that you'll be a good public servant, in which we did when we were sworn in taking the seat, but actually putting it in the ethics ordinance is another thing. That's going one step further. So I'm hoping to report this to the republican executive committee. As you know, at the last meeting when the majority of the commissioners were there, we had to abstain from a certain topic because it had the potential to come before the commissioners. COMMISSIONER COLETTA: Oh, yeah. CHAIRMAN HENNING: Guess what? It's come to the Board of Commissioners. This is called sunshine law. It's not that we want to bow to any ethics of what the citizens of Collier County want. It's because of the sunshine law. Thank you. MR. PETTIT: A couple points, Commissioners -- again, Mike Pettit for the record. One of the issues that you brought up, Commissioner Coyle, is understanding and making sure the employees understand, and I'm going to side with the county manager here. Page 186 September 23, 2003 I was put in a position of having to draft an opinion about what's on the books now, oh, I don't know, over a year ago now. It took me a long time to try to figure out whether the individuals whose conduct was being questioned were covered by what's on the books now. This is an improvement. You've raised good questions. I think you might want to think about moving forward, and I can make some kind of commitment to you to come back within a time period with some additional definitional clarity. Another point that you may not be aware of or maybe are is the manager, as I know, developed an ethics council. I'm going to act to assist that council. We're going to have courses on this ordinance. We're going to disseminate it to the troops. We're going to have discuss sessions. The purpose of that ethics council really will be to make people aware of what their ethical responsibilities are as government employees here in Collier County, and also just to make them aware of what the rules are, and that is beginning this week. So I guess my request would be that we do go forward with perhaps the change that Commissioner Henning brought up. I can get that change made, and we can move it on to the secretary of state at this point with a commitment -- and you tell me how soon you want me to come back. I will put some definitional clarity in. I think I understand all of the issues you raised. A final point regarding the points of Mr. Wiley. He is correct that this restriction does not stop at the board or advisory board or at the division administrator level. It does go down the staff. I want to make sure that everybody understands that. If he, for example, was working on a stormwater project, was hired away by a local engineering firm that happened to have some involvement with that project, either as a county vendor or otherwise, he could not during this period of time come back and work with his colleagues on the stormwater project or lobby them or try to interact with them to assist the developer and so forth. So that is an issue for you to think about, I guess. Page 187 September 23, 2003 With that said, my proposal is that we go forward as Mr. Mudd is suggesting. I've made notes on the definitional issues. But, again, as I said, what we have now -- it will continue on in the books until we change it, and it is difficult. It is far more difficult to interpret and apply. CHAIRMAN HENNING: Okay. Entertain a motion? Commissioner Coyle. COMMISSIONER COYLE: I would like to say that I'll make a motion for approval, but I'd just like to reiterate that we cannot underestimate the need to make this ordinance clear and unambiguous. People should not have to go to a lawyer to determine whether or not they can take certain action. They should be able to open up their employee handbook or take this sheet of paper or this ethics ordinance, read it, and clearly understand what they should or should not be doing. With that understanding that we will clean that up and get it simplified, hopefully, then I would make a motion that we approve it. COMMISSIONER HALAS: I second that. MR. PETTIT: That would include the change that Commissioner Henning had brought up earlier? COMMISSIONER COYLE: Yes. CHAIRMAN HENNING: Motion by Commissioner Coyle, second by Commissioner Halas. Any further discussion? (No response.) CHAIRMAN HENNING: All in favor of the motion -- county manager, Jim Mudd. MR. MUDD: Commissioners, on top of that, the policy, the ethics policy that we have in the books, I have re-signed it and redid it to add emphasis to no gift taking and things like that. That will go out in the first paycheck after this meeting. It's already been printed up. I had a copy here in order to do that. And the other thing is, Commissioner, I'll try to get the return ordinance back to you or to this Page 188 September 23, 2003 board the first meeting in December, if that's okay. MR. PETTIT: That works for me. CHAIRMAN HENNING: All in favor of the motion signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. MR. MITCHELL: Mr. Chairman-- CHAIRMAN HENNING: Yes. MR. MITCHELL: I went back to the minutes of the meeting that you guys were talking about where Dwight came forward, and basically the only thing he was doing was out of an abundance of caution to not allow -- if you know a lobbyist is not registered, and you allow him to speak to you, there is a concern that you would be aiding and abetting a criminal act. So the only thing he was doing was just providing you caution that if you had knowledge that they were not registered not to allow them to speak. That's the only thing that he stated at that meeting. COMMISSIONER HALAS: I guess my question is, how do we know whether-- you know, there's that gray area. It has to be then more defined. There has to be some stipulation by the lobbyist that if they're caught there's a real strong penalty and what that penalty is. It says there's a penalty, but we don't know what the penalty is. At least it's not stated up there on the sign. MR. PETTIT: We could maybe make a change on the sign to that effect. I think the other issue is we have the list. Certainly in instances where it appears that somebody is acting as a lobbyist, the Page 189 September 23, 2003 question can be raised, and we can review it at that point if there's any question as to whether somebody's a lobbyist or not. With the new ordinance, once it takes effect, there will be one category of folks that appear before you who now are clearly lobbyists who when they appear with a certain hat on will not be. But I will take it as a practical matter, I'm guessing, and I don't mean to single out anybody, but let's say Bruce Anderson as an obvious example. I'm guessing he's going to be registered as a lobbyist anyway because he comes here on so many matters that it will be too difficult for him to figure out when he is and when he isn't, and he will be registered. CHAIRMAN HENNING: Okay. Next item. Item #8K ORDINANCE 2003-54 REGARDING PETITION PUDZ-2002-AR- 2944, D. WAYNE ARNOLD, AICP, OF Q. GRADY MINOR & ASSOCIATES, P.A., AND RICHARD YOVANOVICH OF GOODLETTE, COLEMAN AND JOHNSON, REPRESENTING ROYAL PALM INTERNATIONAL ACADEMY, REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL AND "A-ST" RURAL AGRICULTURAL/SPECIAL TREATMENT TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS ROYAL PALM INTERNATIONAL ACADEMY PUD FOR AN EDUCATIONAL CAMPUS AND RESIDENTIAL COMMUNITY CONSISTING OF UP TO 650 DWELLING UNITS FOR PROPERTY LOCATED AT 6000 LIVINGSTON ROAD- ADOPTED MR. MUDD: The next item is 8(K) which used to be Item 17(J). It reads, "This item requires that all participants be sworn in and ex-parte disclosure be provided by commission members." It's PUDZ-2002-AR-2944, D. Wayne Arnold, AICP, of Q. Grady Minor Page 190 September 23, 2003 & Associations, P.A., and Richard Yovanovich of Goodlette, Coleman & Johnson representing Royal Palm International Academy requesting a rezone from "A" rural agricultural and "A-ST" rural agricultural/special treatment to PUD, Planned Unit Development, to be known as Royal Palm International Academy PUD for the educational campus and residential community consisting of up to 650 dwelling units for property located at 6000 Livingston Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 162.7 plus or minus acres." CHAIRMAN HENNING: All those wishing to participate in this discussion, please rise and raise your right hand to be sworn in by the court reporter. (Sworn by the court reporter.) CHAIRMAN HENNING: Ex parte communications by the Board of Commissioners. Commissioner Coletta. On this particular item -- can you come back to me? I need to pull it out. CHAIRMAN HENNING: Yes. Commissioner Halas. COMMISSIONER HALAS' Yes. I've talked with some people that are residents of Imperial Golf Estates and have also talked with the petitioner and his clientele. CHAIRMAN HENNING: I had none myself. Commissioner Coyle. COMMISSIONER COYLE: I had meetings with the representatives of the petitioner. CHAIRMAN HENNING: Commissioner Coletta. COMMISSIONER COLETTA: Yes, there we go. On (J) I had meetings with Mr. Yovanovich -- actually, three times, numerous phone calls were received and numerous e-mails. I have it in my folder here if anyone would like to see it. CHAIRMAN HENNING: Okay. Mr. Yovanovich, thanks for being here today. Page 191 September 23, 2003 MR. YOVANOVICH: Thanks for having me. CHAIRMAN HENNING: Are you registered? MR. YOVANOVICH: For the record, Rich Yovanovich, a registered lobbyist. I'm a little disappointed that I won't be a lobbyist for much longer on certain acts. For the record, I'm representing the petitioner. I have with me Wayne Arnold who is the planner on the project, and Norm Trubilcok (phonetic) who is the engineer on the project. What the project is is it's a mixed-use PUD for both a private school and a residential component of the project. The project is located on Livingston Road north of Immokalee Road straddled both -- there's a western portion of the project and an eastern portion of the project as far as Livingston Road bisecting the project. If I can take you quickly through the site plan, the property -- first there's the aerial. Just to orient you, this is Livingston Road. This is Imperial Golf Estates right here. This is the Mediterra PUD and to the east is Pelican Strand -- I'm sorry, The Strand. The master plan is broken down to a residential component which is both on the west side and east side of Livingston Road, and this is the 50-acre campus right here. It is a private Catholic school that will be pre-k through high school when ultimately completed. We went through the planning commission, and there was a recommendation 9-0 to approve the PUD. The only real issue that came up during the planning commission was a discussion as to what should we do regarding sidewalks on our internal roadways. The proposal that the planning commission voted for 9-0 was that we would be required to have sidewalks on one side of the internal roadways. The rational for the requirement that we only have sidewalks on one side was it's a narrow site. We were able to stay out of preserve areas by having a sidewalk on one side versus a sidewalk on two sides. Also, the planning commission was also very concerned that if Page 192 September 23, 2003 there were sidewalks on both sides, you basically were going to have a sea of concrete. One of the planning cormnissioners half-jokingly said, "Well, why don't we just pave the whole thing and call it a sidewalk" recognizing that it would be one ugly project if you have a sidewalk on both sides. The planning commission -- we proposed to the planning commission that, one, it made good sense to have a sidewalk on only one side because the way we've designed the roads would prohibit a car from actually gaining any speed, so it would be slow traveling roads. We would stay out of the preserve area. We would also potentially have some mitigation credits available because we're mitigating on site. And there's a chance that we will have mitigation credits available that could be used by the residents of Imperial when they extend their roadway. Imperial, basically, has a stub out to right here on their site. They're going connect to Marquis Boulevard, which is going to be on our site, and go to the east to get to Livingston Road. So that's going to be a secondary access for Imperial for them to get out of their project. They're going to have to go through a preserve, so they know they're going to have some mitigation issues. The intent was to have some mitigation credits left over, if possible, that can be used by Imperial while they're constructing their road and, hopefully, mitigating for the impact of their secondary roadway. We've already agreed to accommodate the drainage from that secondary roadway into our water management system. So the planning commission thought that the best planning solution for this project was a sidewalk on one side of the roadway, reduce the density which we agreed to take -- we were originally asking for 650 units, and we've reduced that to 550 units -- make any mitigation credits available to the residents of Imperial, and keep us out of the preserves by not requiring us to put a sidewalk on the second site. Page 193 September 23, 2003 That planning commission recommendation 9-0 was supported by planning staff. They believe that this makes good planning sense to have the sidewalk on one side, and that was the issue that really came up during the planning commission. Again, the solution that I just discussed and was proposed was recommended 9-0 by the planning commission. If you want to get into more details on the petition, we're happy to do that. Wayne could address any questions you have. I can address any questions or Norm can address any questions. But other than that, that was the major issue, and that's how it was resolved by the planning commission. Again, they recommended 9-0 to implement the conditions we worked through at the planning commission. CHAIRMAN HENNING: Questions by the Board of Commissioners. COMMISSIONER HALAS: What's the width of that sidewalk that you're proposing? MR. YOVANOVICH: It is a 5-foot wide sidewalk, Commissioner. COMMISSIONER HALAS: Now, this is going to take up the traffic of the school children and also the possibility of residents out of Imperial Golf Estates? MR. YOVANOVICH: No. The residents of Imperial, I don't believe, are going to be using our sidewalk system, but definitely our internal residents will be using it. COMMISSIONER HALAS: Well, how about if somebody wants to ride a bicycle? MR. YOVANOVICH: They'll be using our sidewalk or riding the private streets within the project. COMMISSIONER HALAS: I think that we need to put some more width in there. You're saying four feet? MR. YOVANOVICH: Five. COMMISSIONER HALAS: Five feet. We may need some Page 194 September 23, 2003 additional width in there to accommodate bicyclists and pedestrians at the same time. I would like to listen to the staff members. CHAIRMAN HENNING: Commissioners, I saw a piece on the TV last night that one school, a private school, is pulling out of Collier County because of the cost of impact fees. As I'm always concerned -- I'm always concerned about additional costs being passed onto the consumer. This is one example of something that can work, you know, for this particular case or the school. I hope that everybody would take that under consideration. Do you want to hear from our staff, Commissioner Halas? COMMISSIONER HALAS: If they have any input on this. MR. REISCHL: Fred Reischl, planning services. That was an accurate description of what happened at the planning commission last Thursday. Sidewalks was the predominant discussion. From a planning perspective, we can support the reduction to one side, however, transportation services still has a disagreement with that. Diane Flagg is here to address that if you care to hear her. COMMISSIONER HALAS: And what was the main disagreement on the Planning Commission? MR. REISCHL: The discussion centered around the sidewalk issue. CHAIRMAN HENNING: The planning commission approved it with the amendments. MR. REISCHL: With the sidewalks on one side, right. In fact, that was in their original PUD. Staff removed it for sidewalks on one side, and then the planning commission agreed to put it back in. CHAIRMAN HENNING: Okay. Any other questions? COMMISSIONER COLETTA: No. CHAIRMAN HENNING: I'll close the public hearing. Commissioners, what's the will of the board? COMMISSIONER HALAS: I just wanted to make sure that there was some other issues taken care of. I believe there's a Page 195 September 23, 2003 stormwater issue. Did you people -- well, you came to a conclusion with the stormwater issue when the people in Imperial Golf Estates put that road through; is that correct? MR. YOVANOVICH: Yes. And I thought I addressed that, but if I didn't, Commissioner, we have agreed to accommodate the drainage from the roadway through our water management system. COMMISSIONER HALAS: And then if there's any credits left in mitigation, we want to make sure that it's clear you're going to assist in helping getting that back road exit taken care of. MR. YOVANOVICH: We will give them whatever credits we have left, and hopefully they will be able to use those in permitting the roadway. COMMISSIONER HALAS: Great. I'm glad you're good neighbors. MR. MUDD: Mr. Chairman, one point that we need to put on the record, just so that you know, is having sidewalks at 5-foot on one side of the cul-de-sac is different than what your Land Development Code presently states. The Land Development Code requires it on both sides. CHAIRMAN HENNING: And the board has the right to deviate from the Land Development Code. Okay. Thank you. Any further questions? Commissioner Halas. COMMISSIONER HALAS: No. Did we get all the staff members' input into this whole equation here? I think we need to get everybody's input into this. CHAIRMAN HENNING: Mr. White, do you have anything on this item? MR. WHITE: No, sir. CHAIRMAN HENNING: Anybody else? COMMISSIONER HALAS: What about Diane Flagg? MS. FLAGG: The point that I would add is you're dealing with 162 acres of dirt out there, and the Land Development Code does Page 196 September 23, 2003 require sideWalks on both sides. This is a school that they're planning on putting on this site. We have many areas throughout our community where these school children don't have safe pathways to schools. CHAIRMAN HENNING: Okay. Any further questions? Entertain a motion. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER HALAS: We're going to approve -- what are we going to approve here? As it stands or are we going to approve it with -- CHAIRMAN HENNING: Planning commission's recommendations. COMMISSIONER COLETTA: That's correct. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Is that a second, Commissioner Halas? COMMISSIONER HALAS: I'll be a second. CHAIRMAN HENNING: Okay. Motion by Commissioner Coletta. Second by Commissioner Halas. Any further discussion? (No response.) Seeing none, all in favor of the motion signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Thank you. Next item. Item #9C Page 197 September 23, 2003 ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY MANAGER- APPROVED LUMP SUM PAYMENT OF $13,036.03 (82.8% OF MAXIMUM MERIT PAY RANGE OF $4,723 TO $1 5.744~ MR. MUDD: Next item, Commissioners, is 9(C) which is to approve the annual performance appraisal for the county manager. CHAIRMAN HENNING: Great job. Thank you very much. MR. MUDD: Thank you, sir. Any other questions or comments? MS. FILSON: I have a speaker on that. COMMISSIONER COLETTA: What item number is that again. MR. MUDD: That is Item 9(C), sir. CHAIRMAN HENNING: Let me just.start off by saying that when the Board of County Commissioners, this board, approved the county manager or Jim Mudd to go from a temporary to a full-time hire for the county manager's position, I was very skeptical that we were making the right choice. Working with the county manager since he has held this position, I am very impressed, and I want to thank you for your dedication to the Board of Commissioners on reaching our goals of putting this infrastructure in Collier County. I want to thank you for your dedication to the employees and getting together with them to relay the will of the board and, also, getting out into the community at a spur of the moment. I've seen you do that. And, also, going out with me personally when I've had troubles in my district and dealing with those issues. MR. MUDD: Thank you, sir. CHAIRMAN HENNING: We have one speaker. MS. FILSON: We have one speaker, Mr. Chairman. Would you like me to call him? CHAIRMAN HENNING: Yes, please. Page 198 September 23, 2003 MS. FILSON: Bob Krasowski. CHAIRMAN HENNING: Mr. Krasowski. AUDIENCE MEMBER: He's not here. CHAIRMAN HENNING: Okay. Commissioner Coletta. COMMISSIONER COLETTA: I would like to make a motion to approve with the addition of merit pay. CHAIRMAN HENNING: Okay. COMMISSIONER HENNING: I'll tell you what I came up with. What I was looking at is the average the county manager received out of a possible 5 perfect score was 4.14 versus a 5 perfect score of 100 percent. That equals 82.8 percent. If you take the percentage of the pay, the maximum amount that would be allowed would be $15,744. So 82.8 percent of that would be $13,036.03. If we're going to retain the very best that we've got, and we're all in agreement that we do, we have to make sure that we come up with just compensation to do so. That's my motion. COMMISSIONER FIALA: With merit to increase the -- COMMISSIONER COLETTA: $13,036.03. CHAIRMAN HENNING: What is recommended in the executive summary? COMMISSIONER COLETTA: It gives you a little bit of latitude between $15,744 as the top and, of course, I don't have that right in front of me. CHAIRMAN HENNING: Right. I've got it here. Okay. COMMISSIONER COLETTA: Yeah, from the range of $4,723. What I did is I just took the percentage and worked it across the actual amount and came up with that number. CHAIRMAN HENNING: Okay. It's still within the limits. I'll second that motion. COMMISSIONER HALAS: What was the percentage again? COMMISSIONER COLETTA: 82.8 percent. COMMISSIONER HALAS: Okay. Page 199 September 23, 2003 CHAIRMAN HENNING: Any further discussion? MR. MUDD: Commissioners, I need to put one thing on the record real fast, and this is for the clerk. Okay. It's written, but I want to make sure that I state it. By my existing contract, all such merit adjustments shall be included in the manager's base salary, and I'm reading off the executive summary. However, to be consistent with the cost saving merit pay changes for administrators and directors, the manager voluntarily requests that his merit pay be awarded as a lump sum payment for FY-03 performance and not be added to his salary. COMMISSIONER COLETTA: Correct. That's part of my motion, and that's part of the executive summary. COMMISSIONER COYLE: Let me just ask you to do one thing. There seems to be some confusion when you elected to do this for the employees earlier in the year in the budgeting process, or there seems to be some confusion about why this was happening. If you could just briefly address the issue of the gift that keeps on giving and why you did this because it saved the taxpayers money. MR. MUDD: Yes, sir. What happened in the past was the board decided what merit was going to be for the employees, and it ranged the spectrum. Sometimes it was 3 percent, sometimes it was 6 to 7 percent, and they had everything locked into it. Two and a half years ago, the county manager, Tom Olliff, with his administrators all sat down, and we tried to set up a professional pay scale for the employees of Collier County. One of the things that was on your consent agenda was the pay scale salary ranges for our employees. One of the things that I have to report -- and I told you before. About 79 percent of our employees are below market point, and about 29 percent are above -- or 28 percent are above. We're trying to make corrections to that pay scale so that we can get it so it's not so lopsided and more evenly based on that market point between a lower-paying range and above-the-market pay Page 200 September 23, 2003 range. We don't have all the pay ranges and their advancement programs delineated yet completely. We've got about 10 done of the 34. That's how do you progress along your pay scale from your entry level to your final level that you have. It's also a 30-year pay scale. I want to make sure everybody understands that. When I talk to the employees, they said, you know, a pay scale isn't -- you're here for two years, and all of a sudden you're at max pay range, well, that isn't how it works. That's a 30-year pay scale from min to max, and I want to fit you in along that range in those 30 years. Why do you pick 30 years? Because normally the retirement time where you fit in and get full retirement in the Florida retirement system. What we did this year to try to -- based on board's direction to try to limit the girl that keeps on giving -- that's merit. What you're doing is you're rewarding an employee for doing a good job last year. But if it's included in your pay, it doesn't just give you an award for last year in this year's pay in '04, but if it's in your pay it's there for '05, '06. So you just keep rewarding that person for doing a good job in '03 all that time even though he or she might use the peter principle and peter out and not be so good anymore. So what you really want to do is have a system where merit basically rewards people for doing a good job the year prior, and it doesn't keep being the gift that keeps on giving. What we tried to do this year based on everything I've just described to you is if a person is 10 percent -- and this is below director or administrator, because directors and administrators straight up just get merited lump sum, and it doesn't get added to their pay. For the employees that aren't directors or administrators, if they're 10 percent above that market point, which is kind of the midpoint in that range, okay, they stop getting merit in their pay, and they get the lump sum merit as a check. So it's going to slow them down bumping up to max in that process, but it still gets them -- if they're at the lower Page 201 September 23, 2003 range, it moves them along until I can get a full scale pay scale development program for those employees on all the different ranges that we have. And what it will do next year is it will save the board in continuing costs about $370,000 by our calculations. CHAIRMAN HENNING: Okay. MR. MUDD: Did I answer your question? COMMISSIONER COYLE: Yes. CHAIRMAN HENNING: Any further discussion? Mr. Mitchell. MR. MITCHELL: I'm good. CHAIRMAN HENNING: Okay. All in favor of the motion signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: Next item. Any opposed? Motion carries, 5-0. Item #9D REVIEW AND APPROVE THE FY 2004 ANNUAL WORK PLAN FOR THE COIJNTY MANAGER- APPROVED MR. MUDD: Commissioners, that brings you into taking a look at my KRAs for next year. Any suggestions that you have that you want me to add for next year's performance that you want to grade me on? That would be Item 9(D). CHAIRMAN HENNING: Some of the things that are coming up next year for the Board of Commissioners is implementation of the Page 202 September 23, 2003 checkbook currency once we get it back from DCA. And I think that we owe that to the community to make sure that that's done. One thing else I would like to see is to make sure that the county employees that have vehicles are fitted in the perspective vehicle that they're using. What I'm saying is, you know, if they're out there driving a Cadillac, should they really be driving a Chevy? I've seen a lot of extended vehicles, vans, four-wheel drive vehicles, big sport utility vehicles. I'm not really sure if that fits the duties of their job. MR. MUDD: Yes, sir. CHAIRMAN HENNING: Anything else? COMMISSIONER COLETTA: No. CHAIRMAN HENNING: With those two additions, I'll entertain a motion. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Coyle. Second by Commissioner Fiala. All in favor of the motion signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: Opposed? Motion carries unanimously. Item #9E DISCUSSION REGARDING CONTRACTING AND CHANGE ORDER PROCESSES - DISCUSSED W/ITEM #1 OM TO Page 203 September 23, 2003 DETERMINE BETTER REVIEW, LEGAL REQUIREMENTS, PROCESSING, LIABILITY, AND MORE DOCUMENTATION TO DETERMINE REASONS FOR THE CHANGES TO BE MADE AND BY WHAT STAFF PERSONEL. COUNTY MANAGER TO FOLLOW-UP AT THE OCTOBER 14TM BCC MEETING WITH SUGGESTIONS FOR A BETTER PROCESS. CO'S ARE BROUGHT TO THE BOARD IF THE AMOUNT IS 10% OVER THE AMOUNT ON WORK ORDER AND STAFF AUTHORIZES AMOUNTS UNDER 10% (W/MONTHLY REPORT SUBMITTED TO BCC). EACH CHANGE ORDER SHOULD HAVE A REVIEW PROCESS FOR THE SCOPE OF WORK AND IF THE DESIGN ENGINEER AND/OR CONTRACTOR IS IN ERROR IN THEIR RF, SPONSIBII~ITY/DETFRMINATIONS- APPROVFD MR. MUDD: Commissioners, that brings us to Item No. 9(E). That's a discussion regarding contracting and change order processes, and that's at Commissioner Henning's request. CHAIRMAN HENNING: I would like to -- the change orders we have -- pull it off the consent onto the regular agenda, and at that time I would like to discuss that. Did we approve or discuss Item 8(L) which was an add-on? MR. MUDD: No, sir. That turned out to be 7(B), and I made that correction as I read it this morning. It was a No. 7 item. CHAIRMAN HENNING: This is with the flood maps? MR. MUDD: No, sir. That's under 10. CHAIRMAN HENNING: Oh, that's 10. Okay. MR. MUDD: It's 10(L), sir. CHAIRMAN HENNING: Okay. Then the next item is- Item #10A AWARD AND APPROVAL OF SUBSEQUENT CONSTRUCTION Page 204 September 23, 2003 CONTRACT (SUBJECT TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AGENCY'S FINAL APPROVAL AS NECESSITATED BY THE STATE REVOLVING FUND LOAN REQUIREMENTS) FOR THE NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION TO 24.1- MILLION GALLONS PER DAY MAXIMUM MONTH AVERAGE DAILY FLOW- SOLIDS STREAM, TO WESTRA CONSTRUCTION CORPORATION, PROJECT 739502, BID 03- 35397 IN THE BID AMOIINT OF $8:6927500- APPROVED MR. MUDD: So that would bring us to number or Item 10(A), and that's to approve the award and subsequent contract subject to the Florida Department of Environmental Protection Agency's final approval as necessitated by the state revolving fund loan requirements for the north county water reclamation facility expansion to 24.1 million gallons per day maximum month average daily flow solids stream to Westra Construction Corporation, Project 739502, Bid 03-3539, in the bid amount of $8,692,500. Mr. DeLony will present. MR. DeLONY: For the record, Jim DeLony, public utilities administrator. I'm just going to go quickly through this presentation and provide you the background with regard to this particular project. This chart here lays out the project purpose. Most importantly, this is consistent with the wastewater capital project and master plan, which the board approved back this past year. It certainly will allow us to do that treatment capacity to service future growth. The scope of the project outlined here is two additional -- or two new aerated sludge holding tanks as well as some other items that deal with gravity fitters and area-to-sludge feed tanks for the plant. This chart or drawing or sketch here that we have shows you where the proposed location would be for this project at our north plant, and these are the project costs. We had -- our lowest responsive bidder was Westra Construction Page 205 September 23, 2003 Corporation at approximately $8.6 million. We have these funds budgeted in our current budget, and we will fund this budget through the low interest rate state revolving fund loan that we've already coordinated for with the SRF folks in Tallahassee. This is our recommendation, that we go ahead and award the tentative award or subsequent contract to Westra and authorize the chairman to execute this contract according to our standard county agreements. That concludes my briefing on your question. CHAIRMAN HENNING: Questions by the Board of Commissioners. This is consistent with our Growth Management Plan? MR. DeLONY: Yes, sir, it is. CHAIRMAN HENNING: consent order by FTAP? MR. DELONY: Yes, it is. CHAIRMAN HENNING: And this is consistent with the Okay. COMMISSIONER FIALA: Motion to approve. CHAIRMAN HENNING: Motion by Commissioner Fiala. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Second by Commissioner Coyle. All in favor of the motion signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: FIALA: Aye. HENNING: Aye. COYLE: Aye. COLETTA: Aye. Opposed? Motion carries 4-0. We're going to take a short five-minute break. (A recess was taken.) CHAIRMAN HENNING: Everybody take their seats, please. Page 206 September 23, 2003 Board of Commissioners back in session. Next item? Item # 1 OB RESOLUTION 2003-335 AUTHORIZING CONDEMNATION OF FEE SIMPLE INTERESTS IN PROPERTY REQUIRED FOR THE CONSTRUCTION OF STORMWATER RETENTION AND TREATMENT PONDS REQUIRED FOR THE CONSTRUCTION OF SIX-LANE IMPROVEMENTS TO COLLIER BOULEVARD (CR-951) FROM GOLDEN GATE BOULEVARD TO IMMOKALEE ROAD. (CAPITAL IMPROVEMENT ELEMENT NO. 37, PROJECT NO. 65061). ESTIMATED FISCAL IMPACT: $3~250~000- ADOPTED MR. MUDD: Commissioner, next item is 10(A), and that's adopt a resolution -- excuse me, 10(B) -- is to adopt a resolution authorizing condemnation of fee simple interests in property required for the construction of stormwater retention and treatment ponds required for the construction of six-lane improvements to Collier Boulevard, which is County Road 951, from Golden Gate Boulevard to Immokalee Road. This is capital improvement element No. 37, project No. 65061. Estimated fiscal impact, $3,250,000. And Mr. Gregg Strakaluse, the transportation engineering director, will present. CHAIRMAN HENNING: Motion to approve. MR. STRAKALUSE: Commissioner, I do need to get a couple of statements on the record for legal reasons. I'll make it brief and quick. Again, Item No. 10(B) is a condemnation resolution to acquire property needed to expand Collier Boulevard between Immokalee Road and Golden Gate Boulevard from a dangerous inefficient Page 207 September 23, 2003 two-lane roadway cross-section to a safer, more efficient six-lane roadway cross-section. At this time, this condemnation resolution only identifies that property necessary for pond sites associated with the future six-lane stormwater management system. Of the limited available vacant land, staff has identified five parcels that are critical to permitting and building the road stormwater management system. And as I'm sure your board is aware, there's significant development interest along this corridor. What I'd like to do is point out the map in the background, specifically the locations of those particular pond sites. There are actually six pond sites for the corridor. One of those pond sites has been identified as part of the Vanderbilt Beach Road project, and it has also been previously approved in a condemnation resolution for the Vanderbilt Beach Road project. The other five pond sites, starting in the southern end of Collier Boulevard, moving towards the north end, are spaced such that stormwater drainage can convey to those particular sites. Those are critical sites, considering the vertical elevations of the roadway that's being designed, as well as consistent with trying to search for the vacant pieces of property. As staff and our consultant work with the community and further develop the roadway and utility design, staff will present to you a follow-up resolution to acquire property along the west side of the corridor for physical expansion of the travel lanes, utilities and pathways. Again, this resolution you have before you is limited to the acquisition of pond sites on lands or portions thereof that have not been developed. The expansion of Collier Boulevard has been identified in the long-range transportation plan since 1992. Due to existing traffic volumes that exceed approximately 20,000 average daily trips per day, Page 208 September 23, 2003 the existing road fails from a level of service standpoint. Just last December your Board approved a $1.4 million design contract for this project with the consulting firm of C.H. Dunhill, and Bill Gramer is here from that consulting firm. Your Board also has just adopted County's fiscal year 2004 budget, which includes a $6.8 million to acquire property necessary for this project. The transportation division's five-year work program has identified just over $20 million for construction of the road, utilities, sidewalks and landscaping. Each of these board actions considered extensive planning data, engineering data and public input that I'd like to make part of this record. The county currently has a 100-foot right-of-way along this existing corridor. And this corridor is particularly constrained by a primary canal along the eastern boundary of the road. Several developments along the west side of the corridor have already set aside dedicated right-of-way for this project. Several developments again have set aside right-of-way. The improved section of Collier Boulevard requires a minimum width of 155 feet to approximately a maximum width of 180 feet at the intersections. The improved road cross-section would include six travel lanes, an eight-foot pathway on the west side of the roadway, and a curved median for turn bays that will eventually be landscaped as part of the county's landscaping master plan. The right-of-way will also encompass utilities, including a water main, sewer main, reclaimed water main, telephone, electric and cable services. The evaluation for alternative pond sites, along with the legal descriptions for necessary property to be acquired, has been provided as part of your package. There is a memo attached outlining the alternatives. Besides alternative pond sites, staff and the engineers have considered safety, first and foremost, environmental conditions, Page 209 September 23, 2003 including threatened and endangered species, plants and animals, aesthetics, constructability and, of course, cost. Discussions with the South Florida Water Management District indicate that this project is likely to be permitted with the plan that is being presented today. Based on these materials and my presentation, I ask that your Board adopt this resolution. This concludes my presentation. Bill Gramer and myself are here for any questions associated with this resolution. CHAIRMAN HENNING: Motion by Commissioner Henning. Is there a second? COMMISSIONER COYLE: I second. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Second by Commissioner Coyle. Any discussion, questions? (No response.) CHAIRMAN HENNING: Seeing none, all in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any Opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. Item #10C CONTRACT TO CONSTRUCT THE SANTA BARBARA FORCE MAIN, BID 03-3534, PROJECT 73132, 73150 AND 73151 IN THE AMOIJNT OF $6~126:324- APPROVED Page 210 September 23, 2003 MR. MUDD: The next item, Mr. Chairman, is 10(C), and that's award a contract to construct the Santa Barbara force main, Bid 03-3534, which is project 73132 and 73150 and 73151 in the amount of $6,126,324. And Mr. DeLony will -- your public utilities administrator will present. MR. DeLONY: For the record, Jim DeLony, public utilities administrator. Commissioners, this project purpose is demonstrated on this chart, but the bottom line of it allows us to move wastewater flows to accommodate future growth between the north and south service areas of our water/sewer district. Again, this is also consistent, as the earlier project is, with our 2002 wastewater master plan. This is the scope of the project. It's about six miles of 20-inch wastewater force main extended from Radio Road and Santa Barbara going northwards to Logan Boulevard and Vanderbilt Beach roads. It also includes a pump station that will be at the intersection of Logan Boulevard and Vanderbilt Beach intersection. I apologize, this map is oriented east-west when really it should be north-south. But the north arrow is located in the upper right-hand comer of this display, so it's set on its side. But generally speaking, the lines will run on the east side of both Radio Road and Santa Barbara and, as I mentioned earlier, will go on a north-south axis along those two roads, and the pump station then will be on the north of Vanderbilt Beach and Logan Boulevards. This is -- excuse me. There we go. This is the project scope, about $6 million for this project. And our recommendation is to award this contract to Mitchell Stark in the amount of $6.1 million, as outlined in the executive summary, 10(C). CHAIRMAN HENNING: Questions from the board members? (No response.) Page 211 September 23, 2003 CHAIRMAN HENNING: Entertain a motion. COMMISSIONER COYLE: Motion to approve. CHAIRMAN HENNING: I'll second that motion. Commissioner Halas? COMMISSIONER HALAS: What's your time line for completing this? MR. DeLONY: Sir, I think I've got about 20 months to do this. I've got it be (sic) conflicted, though, with the road expansion projects to make sure we're out of the way in time for those road projects to come on line. I think it's about 20 months, as I recall. COMMISSIONER HALAS: Okay. So you're going to make sure this is in place before the -- MR. DeLONY: Yes, sir. COMMISSIONER HALAS: Good. MR. DeLONY: And if it's not, we'll work through the conflicts. Because the engineering's been done to make sure that we accommodate the road widening without any further impact on this particular project. COMMISSIONER HALAS: Very good. CHAIRMAN HENNING: Motion by Commissioner Coyle, second by Commissioner Henning. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: COMMISSIONER FIALA: COMMISSIONER COYLE: Aye. Aye. Aye. COMMISSIONER COLETTA: CHAIRMAN HENNING: Aye. Opposed? (No response.) CHAIRMAN HENNING: Next item? Motion carries unanimously. Page 212 September 23, 2003 Item #1 OH TOURIST DEVELOPMENT CATEGORY "A" BEACH RENOURISHMENT/MAINTENANCE GRANT APPLICATIONS FOR FISCAL YEAR 2003-2004 IN THE AMOUNT OF $1,140,300 - APPROVED MR. MUDD: Commissioner, Item 10(D) will be heard at 5:30. Brings us to Item 10(H), which is approve tourist development Category A, beach renourishment/maintenance grant applications for fiscal year 2003-2004, in the amount of $1,140,300. And Mr. DeLony, your public utilities administrator, will present. MR. DeLONY: Commissioners, Jim DeLony, for the record, public utilities director. This is to obtain your approval of category funding application, as recommend by both the Coastal Advisory Committee and the Tourist Development Council. These items are routine items and year-long items and we're fully consistent with your direction that we're only bringing four beach items or items associated with TDC funding of beaches that would not be affected by any policy changes which are to be considered by you, as I understand it, the 14th of October now. Again, these have involved project management miscellaneous fees, sea turtle monitoring, maintenance of dunes and beaches and some annual fees of actual costs that we have associated with our dune structure. So again, it would not be anything that policy would affect and is fully consistent what you told us to do previously. This was back in your meeting in June. This was in the amount of $1.1 million. I recommend your approval of this. CHAIRMAN HENNING: Questions by the board? (No response.) CHAIRMAN HENNING: Entertain a motion. Page 213 September 23, 2003 COMMISSIONER HALAS: I entertain a motion. CHAIRMAN HENNING: I'll make a motion to approve the item. COMMISSIONER HALAS: I'll second. CHAIRMAN HENNING: Commissioner Halas seconds. 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: The motion carries unanimously. Item #10I RESOLUTION 2003-335A PROPOSED AMENDMENT TO RESOLUTION 2003-117 WHICH ESTABLISHED A FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES AS PROVIDED FOR IN DIVISION 1.10 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE- ADOPTED MR. MUDD: Your next item, Commissioner, is Item 10(I), and that's proposed amendment to Resolution 2003-117, which established a fee schedule of development related review and processing fees, as provided for in Division 1.10 of the Collier County Land Development Code. And Mr. Schmitt, your community development administrator, will present. MR. SCHMITT: Commissioners, good afternoon. For the Page 214 September 23, 2003 record, I'm Joe Schmitt, community development and environmental services administrator. Before you today is a proposal to approve an amendment for the fee schedule for the building permit and development review fees. As you certainly are aware, the majority of operations within Collier County, community development and environment services division are funded primarily by fee revenues. That is fees by those who are engaging our services. As directed by Florida statutes, fees collected as part of the land development and building construction process are segregated into their own fund, and we call that Fund 113, an enterprise funds. And it can only be used to fund the costs incurred in regulating and servicing the land development -- or the building code. My division's planning, engineering and environmental review departments that are involved in the review and approval process of zoning and activities, those have been separated into a fund known as we title Fund 131, and they're responsible for enforcing the Land Development Code. Beginning this fiscal year, fees collected as part of the land development process, the development services fees, will be deposited their own fund created specifically to support each of those activities. As part of this process, it is my goal to ensure that services are fully supported by our customers; that is, those paying for and receiving for our services. And that the fees collected reflect the division's cost of providing those services, and not more. Currently about 70 percent of my division's personnel are funded under this process, and that is the fee for service. I need to read into the record, because there is an amendment: The following sections proposed in the CDS fee schedule have been temporary withdrawn from being included in this amendment -- or in this -- at least in this resolution. Thank you. The -- we will bring it back at the next board meeting. And these fees will be revised and Page 215 September 23, 2003 brought back on the 14th. That's Sections L.2, which was data conversion fees; L.5, which was our research fees; L .6, computer generated reports; L.7, CD burning fees; L.9, photocopies; Section JJ, record retrieval; Section KK, copy fees, and Section LL, research fees. We found that those fees were in conflict with state statute. And we just were informed of that. So let me run through q~ickly through where we're going with this so you understand, frankly, what's going on. CHAIRMAN HENNING: Do we have to? Can we go to questions? MR. SCHMITT: Unless you have any questions. I think the most important -- let me skip -- I want to skip to the most important so you understand the bottom line here. I mean, this is the bottom line: I am not collecting any more money, it's just shifting of the pots of money. And as this is in compliance with guidance and agreements that I've reached with the Clerk of Courts and the recent audit conducted, basically as you can see, in last year we collected about $16.6 million. This year it will be 15.9, so that is down in revenue. But frankly, I'm just shifting the pot. I'm actually going to reduce building fees about 24 percent, building permit fees, but I have to compensate for that loss in revenue and raise the planning fees. So building fees will pay for enforcement of the building code, planning fees will pay for enforcement. That's planning, engineering and environmental review fees will pay for enforcement of the Land Development Code, and there will be, to use the term, a Chinese fire wall between those two functions. The other significant issue -- that's a breakdown basically looking at about a 2,800 square foot home, how fees are broken down in the cost of a home, impact fees certainly being the majority of that cost. The building and inspection fees, about .2 percent and 1.43 -- or. 143 percent in planning and engineering fees. Page 216 September 23, 2003 MR. MUDD: Commissioner, in kind of as a summary, what Mr. Schmitt has done, for the last two years we've tried to make sure that he had the service fees and the cost for service laid out and itemized. And we're finally there. We finally know exactly how much it costs to do a permit. We know exactly how much it cost to do a plan review. And Mr. Schmitt, in this fee revision, is basically putting the dollar amount, a cost for service, on each one of those so that we don't have building permits subsidizing the whole operation. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Put fairly simply, there are laws that say that when you charge a fee for a service, the money should go to provide that particular service. MR. SCHMITT: That's exactly correct. COMMISSIONER COYLE: So you are lining the fees with the services that you provide so that you will be in compliance with the law and be accounting for this money properly. MR. SCHMITT: Commissioner, that's exactly correct. COMMISSIONER COYLE: And so I would recommend approval. MR. SCHMITT: And just for the record, the Development Services Advisory Committee was briefed on this September 3rd; we briefed the productivity committee on September 17th. The effective date for these fees will be November 3rd. And based on that, in summary, staff is recommending that you approve the fee as outlined. This has been about a year process in converting these fees, and basically to use an over-used word but it's somewhat of a paradigm shift. Because what we've done, when my division was first set up, we did run a profit, if you want to call it that. We used the building fees to subsidize the other part of our business and now we are basically segregating those costs. CHAIRMAN HENNING: Motion by Commissioner Coyle. Is there a second to the motion? Page 217 September 23, 2003 COMMISSIONER HALAS: I'll second it. CHAIRMAN HENNING: Second by Commissioner Halas. Commissioner Fiala? COMMISSIONER FIALA: Yes. You mentioned that the DSAC and productivity committee had heard this presentation on the 3rd of September and the 17th of September. Could you give us the outcome in both cases? MR. SCHMITT: The DSAC approved it. There were some issues in discussing fees associated with meetings. For instance, if they pay for planning services and then there's subsequent meetings. One of the things I put in here, I'm charging for meetings, because again, it eats up staff's time. I'm going to look at that, because it was just brought to my attention this afternoon. But they approved it, the DSAC approved it. In fact, much of this was initiated by the Development Services Advisory Committee in looking at trying to segregate the building fees from the planning fees. And the productivity committee unanimously approved it. And frankly, sent their congratulations to the staff for the work that they did in developing a clean cut between these activities within community development. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: That's what I wanted to -- where I was going with this and you answered the question, and that was -- what was the vote on both of the committees that worked on this and brought forth what the resolution was -- outcome was. CHAIRMAN HENNING: I have some questions. Land Development Code interpretation by administration is $1,0007 MR. SCHMITT: Yes. CHAIRMAN HENNING: And the Board of Commissioners is $1,000. If it's appealed, go to the Board of Commissioners, it's Page 218 September 23, 2003 $1,0007 MR. SCHMITT: Yes. CHAIRMAN HENNING: one? Is that for each commissioner or just MR. SCHMITT: No, that's the fee for the services provided. Again, that's-- CHAIRMAN HENNING: Mr. Schmitt, we respect your opinion. Same way on a variance, administration of variance in the -- MR. SCHMITT: I'd have to look up the fees. I don't have it memorized. I mean, I would have to look them up. But what we've tried to do is not -- the fees, in some cases, when we did the study certainly came out higher than what they indicate here from a standpoint. But given the quantity, we can make up the difference. What we didn't want to do is make the fees so prohibitive that nobody would come before the board and apply for activities. And that was the same with the building department, we kept the building permit fees at a reasonable rate where we would still would have people come in, citizens come in, and ask for building permits associated with a shed or with a fence or those type of activities. It would not be -- it would not dissuade somebody from actually complying with the law. CHAIRMAN HENNING: Well, we value your opinion. The next one on page -- in the agenda packet, Page 15, and I think it's 13 in your proposal, screen enclosures, permits and pan roof fees. What I read here is for screen roofs, it's a $2.00 charge, pan roofs, it's a $3.00 charge, and existing roofs, it's a $2.00 charge. And what I'm reading here is, you know, if you have to rescreen your pool enclosure, it's going to cost you $2.00 a square foot of floor area over your pool deck. MR. SCHMITT: That's correct. CHAIRMAN HENNING: Is that right? Page 219 September 23, 2003 COMMISSIONER FIALA: To put screens on your -- COMMISSIONER COLETTA: That's part of the screen cost. MR. SCHMITT: That's the cost to pay for an inspector to go out and reinspect the screen enclosure. COMMISSIONER FIALA: You mean if somebody breaks a hole in your screen, the dog runs through your screen and so you have to replace that screen -- MR. SCHMITT: No, no, there's no permit for that. There's no permit -- CHAIRMAN HENNING: So there's no permit for rescreening? MR. SCHMITT: If you're going to re-erect -- CHAIRMAN HENNING: Re-erect the structure? MR. SCHMITT: -- the structure, yes. COMMISSIONER HALAS: But not to replace the screen. MR. SCHMITT: Not to replace the screen, no permit required. CHAIRMAN HENNING: Okay. All right, I understand that, thanks. You know, you buy a house, you get a pool, you got these questions. MR. SCHMITT: No, the only thing we inspect on the screen are the connection to the roof and then the grounding. But I still -- that's an inspector that goes out there, and frankly, that runs a fully burned rate, almost $100 an hour. CHAIRMAN HENNING: Right, I understand that. MR. MUDD: Commissioner, but if it's a brown screen framed issue and after you buy it your wife wants to change the color to white, you're going to pay the fee. CHAIRMAN HENNING: Right. MR. SCHMITT: That's the superstructure, what you pay for the enclosure. CHAIRMAN HENNING: Whatever makes her happy is fine with me. Page 220 September 23, 2003 COMMISSIONER HALAS: Can of white spray paint. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I don't know if my math is wrong or not, but if you've got a 40 by 50 screened in area, what does that come out to? CHAIRMAN HENNING: Well, it's not by that, it's by the floor covering. MR. SCHMITT: The floor covering. CHAIRMAN HENNING: The floor covering. MR. SCHMITT: One hundred square feet, $200. COMMISSIONER COLETTA: Oh, okay. MR. SCHMITT: Two dollars a square foot. COMMISSIONER COLETTA: I was coming up with a fee of like $2,000. It was scaring the daylights out of me. CHAIRMAN HENNING: Okay, there's a motion and a second. Any further discussion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #10L TO WAIVE FORMAL COMPETITIVE PROCESS AND APPROVE A CONTRACT WITH 3001 (THE SPATIAL DATA COMPANY) AS A SINGLE SOURCE VENDOR FOR GROUND Page 221 September 23, 2003 SURVEY AND LIDAR ANALYSIS SURVEY WORK IN THE AMOUNT OF $49,425 TO SATISFY A FEMA REQUIREMENT FOR CERTIFICATION OF EXISTING LIDAR TOPOGRAPHY OF COIJJER COl JNTY - APPROVED MR. MUDD: Commissioner, that brings us to Item 10(L), and that is a recommendation to waive formal, competitive process and approve a contract with 3001, the Spatial Data Company as a single source vendor for ground survey and LIDAR analysis survey work in the amount of $49,425 to satisfy a FEMA requirement for certification of existing LIDAR topography of Collier County. And that's at stafPs request and Mr. Schmitt will present. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yeah, before you start, Mr. Mitchell, is there anything from the clerk's office that would raise any objection to this? MR. MITCHELL: No, sir. As long as you guys make a motion to waive the policy, that's well within your discretion of the board. COMMISSIONER COLETTA: Thank you. MR. MUDD: And Commissioner, I will tell you that one of the reasons that staff's asking to waive the policy is that 3001 did the original LIDAR. If you have to go get another organization to go in there and confirm it, you go through a lot more cost, number one, and number two, they're a lot slower in order to get it done. We asked for an 18-month extension to the flood plain map requirement and we received six months. And so instead of having it done in October, we have to have it in April, I think, the 4th or something like that. And in order to get that done and get the LIDAR verified certified, that's why staff's making this proposal. CHAIRMAN HENNING: Great benefit to the citizens of Collier County? MR. SCHMITT: This is basically in response to the FEMA finn Page 222 September 23, 2003 issue. Shown up there are two LIDAR maps over a drawing. On top of that are the flood elevations that currently exist now in the revised maps. And what we're trying to do is work with FEMA to validate the elevations within Collier County. As Mr. Mudd pointed out, 3001 flew the original LIDAR. It would not be in the best interest of the county to try and go back to another vendor to revalidate a. previous vendor's LIDAR. What we have to do is have that certified over 100 points. I think as a pretty good example, given that we have several folks from Naples Park here, this is a good example of-- let me -- the high areas of Naples Park. But some of these areas are listed in the flood zone, and actually in fact they should be zone X. And basically what we're going to do is the base data, which is the LIDAR data, light detection and elevation, data that we used to create these maps. What we're intending to do is have -- based on FEMA's guidance, we have to certify this data so they accept it under national mapping standards. And then that will be forwarded to FEMA, along with our-- the property descriptions, most notably the issue, Commissioner Coletta, in the Estates as well. And we'll use this data to validate our claim that some of the data that was provided earlier in this study is in fact incorrect. And the purpose is to do a letter of map revision, a large-scale letter of map revision to help resolve this issue involving the flood map issues in Collier County. So we -- based on that, we're asking for your approval for this contract to immediately initiate the certification for this, based on the guidance from Federal Emergency Management Agency, and that's both the certified, the LIDAR data, and then based on that we'll send in the property descriptions. But the most important piece here is the amount of work that's going to have to be done by 3001. They'll have to come out and establish 100 known points again on the ground and basically certify Page 223 September 23, 2003 the data that meets the national mapping standards. COMMISSIONER HALAS: I make a motion -- MR. SCHMITT: Subject to your questions, that's all I have on this issue. COMMISSIONER COLETTA: This vendor is being held to the April deadline, too, I would assume? MR. SCHMITT: We have -- yes. They're ready to do the work now. We've been in consultation with Duberry and Davis, who is FEMA's contractor who developed the maps, and 3001 and my staff and, in fact, they're fully prepared to begin this work. And our intent is to get this done and meet the requirements that has been imposed on us by the Federal Emergency Management Agency for this data. COMMISSIONER COLETTA: Let's start tomorrow morning. Motion to approve. CHAIRMAN HENNING: Motion by Commissioner Halas, second by Commissioner Coletta. Any further discussion? Just for the public's information, if we win on this issue, we submit these maps and they accept it, it's going to save the residents of Collier County millions of dollars. And, you know, I'm very concerned of the residents in Commissioner Coletta's district and the extra money that they would have to pay each month for flood insurance. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) Page 224 September 23, 2003 CHAIRMAN HENNING: Motion carries unanimously. Item #1 OD REVIEW OF THE NAPLES PARK COMMUNITY PLAN SURVEY DEVELOPED BY TRULLINGER ASSOCIATES, INC. TO AUTHORIZE THE DISSEMINATION OF THE SURVEY TO NAPLES PARK PROPERTY OWNERS FOR CONSIDERATION AND EXECUTION, TO AUTHORIZE THE TABULATION OF SURVEY RESULTS BY TRULLINGER ASSOCIATES, INC. UPON RECEIPT OF RETURNED SURVEYS AND TO AUTHORIZE TRULLINGER ASSOCIATES, INC. TO DEVELOP A REPORT FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS - APPROVED SURVEY W/CHANGF, S CHAIRMAN HENNING: Next item, we have a time certain -- UNIDENTIFIED MEMBER OF AUDIENCE: Excuse me, can I ask a question? Am I allowed to? CHAIRMAN HENNING: Ma'am, you can sign up to speak before the Board of Commissioners. There's a sign-up sheet. UNIDENTIFIED MEMBER OF AUDIENCE: I have a question about flood insurance. CHAIRMAN HENNING: Mr. Schmitt, who presented that, I'm sure can answer that question. He's right back there. We have a time certain? MR. MUDD: Commissioner, we have a time certain for 5:30 this evening. And this is Item 10(D), and this is a recommendation that the Board of County Commissioners review the Naples Park community plan survey developed by Trullinger Associates, Inc. to authorize the dissemination of the survey to Naples Park property owners for consideration and execution, to authorize the tabulation of Page 225 September 23, 2003 survey results by Trullinger Associates, Inc. upon receipt of return surveys, and to authorize Trullinger Associates, Inc. to develop a report for presentation to the Board of County Commissioners. CHAIRMAN HENNING: Okay. MR. TRULLINGER: Good evening. Can you hear me okay? CHAIRMAN HENNING: Just a little bit closer. MR. TRULLINGER: My name is Jim Trullinger, I'm the guy that did the survey to this point. CHAIRMAN HENNING: A little closer. MR. TRULLINGER: I think I'm too tall for this system. that? How's CHAIRMAN HENNING: It's like the barber chair, you've got to scoot down. MR. TRULLINGER: Let me begin again. I'm Jim Trullinger. I've been working on this survey for a while. I thought before we would get into some of the specifics on it that I ought to give you a little bit of background on my company, my credentials, so that you'll understand that the guy that's trekking through this Naples Park moras has a few years of expertise. I've been doing research since the early Seventies when I was in the U.S. Foreign Service doing reporting in Viet Nam. I had also worked over the years for the private foundation service, as well as academia. Since 1995, I started my own company, which is called Trullinger Associates, Inc. It's a Florida corporation. We have since that day taken on assignments for major multi-national corporations; names like General Motors, Sony Electronics, Xerox Corporation, Whirlpool, et cetera, et cetera. Typically the type of surveys we conduct are telephone surveys, mail surveys, we do focus groups, we do market profiles, and we do recruiting for mock juries all over the State of Florida, as well as a few in Georgia and Alabama. So those are the few things we do. Page 226 September 23, 2003 My objective, since day one in this Naples Park endeavor, has been to put together as objective and as honest and as impartial a survey as possible, based on a very complicated document, namely, the proposed community plan for Naples Park, put together by the Dover-Kohl and Partners group. What I have done has entailed a number of steps. I would like to go through those briefly to outline what has brought me here this evening. I started on September 2nd, right after being hired by the county, with an initial meeting of representatives of both sides in this issue. We met for a total of three hours, an hour and a half per group. And I got their initial feedback and opinions about what they wanted in the survey. So I was just in a listening mode at that point. Then the next day, September 3rd, was a big open community meeting at the church up in Naples Park. And I'm told the estimate was 200 to 300 people were in attendance. I was there by myself and simply took questions and did a lot more listening. Shall we say there was some vigorously expressed opinions that evening. But I'm a big guy, I can take it. And I made a lot of mental notes. My main impression I came away from that meeting with is the idea that a lot of folks in Naples Park wanted the survey to cover a lot of issues. As a matter of fact, there were issues brought up at that meeting which went way beyond the Dover-Kohl plan. Such things as Best Friends Park, things like that. I made it clear throughout, however, that I was going to stick to the proposed plan in design of the survey. So at that point I went back to the drawing board, for the first time began to put pencil to paper, and drew up a draft, the first draft of the survey. And on September 7th, which was a Sunday, we posted that draft at our website, as well as invited folks in the community to give us any feedback by e-mail, by fax or by regular post. And there were -- Page 227 September 23, 2003 there was coverage in the local paper so that a lot of folks were aware of that. We normally have 10 to 15 hits per day on our website. It skyrocketed right after that. We were averaging for the first couple of days 300 to 500 hits per day. And last week overall it was in the range of 50 to 75. And there have been ups and downs, peeks and valleys, depending upon the coverage in the local paper. As far as the feedback from the folks in Naples Park, I've gotten -- I didn't count them, but there must be 30 to 40 different e-mails, faxes and pieces of snail mail that have reached me. And I would say off the top of my head, I would split them about 50/50, those in favor of going forward with a complicated survey, or any type of survey, listing the various points of the main plan, and those that were vehemently opposed to the whole undertaking and wanted a simple yes/no choice. So at that point I, based on all the feedback, had another meeting, and that was on September 12th, with both sides in the dispute. And we met for approximately 40 to 45 minutes each, and I got their comments on the first draft. And very succinct, pointed comments. Some very helpful ones, I might add. And I might further add that the most helpful comments to me came from the opponents of the proposed plan. And then I began a redraft and came up with draft number two. Now, that's what was presented to the board I guess last week. That's what you have in front of you. Since that time, I have gone beyond the second draft, and I have made some additional changes, some as recently as this morning, and posted them to my website. I'll be happy to either give you each a copy of the revised thing, which I have here in five copies, or I can go through the major points. MR. MUDD: Five copies and go through the major points. MR. TRULLINGER: Okay, do both. Page 228 September 23, 2003 CHAIRMAN HENNING: One thing that I don't like is getting things at the last minute to something that we have to approve. Because I had a lot of comments on the survey. MR. TRULLINGER: There has not been much substantially changed. And your comments I'm sure will still be quite valid, based on what you're about to receive. What I've basically done since draft one is expand the directions a little bit, particularly in the area of lots. Now, for several days we have been going through the Collier County list of property owners and trying to figure out how many lots people have, based on descriptions. And we have fractional lots. 1.2, 1.3, 1.5, et cetera. We've had to analyze practically every record to make sure we had the lot count correct. Just today we finished up on consolidating lot count for duplicate name records, so we won't be mailing out to someone that has two separate listings, two separate copies of the survey. So we boiled the list down from about 3,200 records to approximately 2,800 that we're going to be mailing. So I thought I would put in the instructions some details about if you don't agree with the lot estimate, we have put on the label, which will be on the back page, here's how to correct it, and we'll fix it in the tabulation. We're going to tabulate results when this is finally over, based on lot ownership. I've heard this expressed as a preference of the board, and I've certainly heard it widely supported by both proponents and opponents in Naples Park. Everybody wants a lot-related tabulation; in other words, weighted results. So unless I hear something different this evening, we will proceed in that manner. The other major changes -- nothing major, minor changes. I changed the order of a couple of questions. Three and four got flipped from the draft that you were given originally. I thought that they would flow more reasonably, based on that. Page 229 September 23, 2003 And I've tightened up on some of the language. For example, on the first question, there was originally some language in there regarding the proposed connection road between the Pavilion shops and other parts of Naples Park, and I've dropped that. It's been suggested, and I agree, that this really should be a separate question. And there's no room on the survey for this to be a separate question, unless we reduce the size of the print or add two more pages, which is going to drive up costs. So I took it upon myself to drop it. I might add, I didn't have one suggestion from one person in Naples Park or anywhere that I put that matter in there. I took it upon myself to put it in there, because at the time it seemed important. I also feel that since a group living in Pavilion Club would be directly affected by that change, and they're not going to be getting the survey, since they're not in Naples Park, per se, that perhaps it wouldn't be considered fair to include that question on it, so I dropped it. A couple of other questions. Oh, again, on number one, I added an option regarding reopening of presently closed avenues. The fourth little box on there is new. Previously didn't exist. I thought that would be a good addition. As I mentioned, I changed the order on questions three and four. I did a little bit of clarification on five. No new language, just simply changed and capitalized option one and option two, to make it stand out a little better and a little clearer for the readers. No changes at all on questions six through nine. Didn't have one objection to any of those questions from anybody. A minor change on question 10. I added one word to that. When I get around to talking about rental housing inspection, I added the word yearly inspection. And on question 11, in regard to a possible proposed zoning overlay, I changed the language a little bit in regard to parking in front yards. I added a thing about reduce the amount of paved parking area Page 230 September 23, 2003 in from yards of larger lots. I previously left that kind of vague. And the only other change made since the draft that you got is on the very last question, I had a number of comments about the order of the choices there. And I have since made it consistent on every question except the big complicated question, number five, and had it -- the first choice is I'm in favor of, the second choice I'm opposed to. And everything else follows. So if someone is opposed to everything or in favor of everything, all they have to do is to check the second or first box all the way through, until they get to question five, and there they check the third or the fourth box. It's becoming a no-brainer in a way. I rearranged the format on the very bottom. We're going to affix a label, a colored label in the bottom right comer, which will have the -- our determination of the lot count. We will also be assigning a confidential security number to every record, so if there's any dispute, any question about lot ownership, we'll be able to look at that number, figure out who it was sent to and straighten it out. This will also I think go far to ensure that there will be no attempts by anybody to go out and photocopy these, to stuff the ballot box, so to speak. Even though this is not a vote, this is a survey with a margin of error. We're going to do everything we'can to keep it legit. We're going to print it on special colored paper that's going to be difficult to get. You can get it but you've got to order it. Complicated thing. We're going to require that everyone send it back using a business reply envelope. If it doesn't come back in a BRE, it's not going to get tabulated. We're not going to accept any mass submissions of questionnaires that might have been organized by one party or another related to this issue. And we are going to -- when the responses have all come back in, we're going to set a date and invite representatives both in favor of and opposed to the proposed plan to observe the tabulation process. And Page 231 September 23, 2003 that's how it's going to work. We will then get the findings to the board and you can take whatever means -- whatever measures, steps would next be appropriate. So that's what we've done. I invite any additional comments or questions. CHAIRMAN HENNING: Questions by the board members? Commissioner Coyle? COMMISSIONER COYLE: I know that you have updated these questionnaires since they were originally sent out to us and I'd like to ask a question about question two. When you say there's no projected cost to the property owners and in parenthesis private funding is said to pay, what do we mean by private funding? Private funding could be property owners, couldn't it? MR. TRULLINGER: It could. This is all based right out of the proposed plan. And they talk about the fact that the private sector will come in there presumably with county permission and erect some single-family attached housing in exchange for the right to build these -- the obligation, I should say, to build these so-called community squares. COMMISSIONER COYLE: Well, could we remove the ambiguity and just say if there's not going to be any cost to property owners, just say that and let it stay there? MR. TRULLINGER: Well, I have no problem with that. COMMISSIONER COYLE: Would that make sense? MR. TRULLINGER: I thought it would clarify the question a little bit. COMMISSIONER COYLE: Well, if I were to get it, and it said no projected cost to property owners, private funding is said to pay, that sort of says well, we might charge the private parties who live in this area for things and have them pay for portions of it. MR. TRULLINGER: What if I were to change the wording to Page 232 September 23, 2003 private sector is said to pay? Because that -- COMMISSIONER COYLE: That probably would be more explanatory. MR. TRULLINGER: All right. I have no problem with that. CHAIRMAN HENNING: I have several questions, and I have some personal questions that I hope you don't take offense to, but it will be based on how I vote on these decisions, whether I approve to accept this survey. Do you own any land in this area to be surveyed? MR. TRULLINGER: No. CHAIRMAN HENNING: Does any of your family? MR. TRULLINGER: No. CHAIRMAN HENNING: Any personal friends? MR. TRULLINGER: No. CHAIRMAN HENNING: So you have no emotions tied to this? MR. TRULLINGER: I have no stake in this. I have no position on it. In a way, I don't care. All I care about is that this be regarded by one and all as a fair and legitimate snapshot of public opinion. CHAIRMAN HENNING: Okay. I just wanted to clarify that. MR. TRULLINGER: I've made that repeatedly clear since the get-go. I live in Collier County, not too far from Naples Park, but nothing that's done or not done there will have any effect on me or my property value. CHAIRMAN HENNING: Questions on the survey. On all these it says I believe there should be further study of whatever the issue is. And the first one is traffic calming before making any changes. I can tell you sitting up here that I'm not going to spend any more money on Naples Park on this redevelopment issue, or I'm not going to subject any more questioning of the Naples Park issue once this is done. So why is that question there? MR. TRULLINGER: Because I think it's a legitimate choice. Seems to me -- and by the way, we have received back a handful of Page 233 September 23, 2003 actual completed surveys. People don't understand that we just want comments, and they faxed me or mailed me their completed survey. And guess what? I looked through them and a number of people have checked that box. Seems to me that it's a legitimate alternative. You can't have everything black or white. The only one that's nebulous beyond that is the I don't know option. So I'm sure most people are intelligent enough to realize that the further study is going to cost something. Nothing's for nothing. CHAIRMAN HENNING: Well, you know, this first round was on the backs of all the taxpayers, because citizens came before the board asking us to initiate a community study on community character. So I have some real questions on whether we should do this or not. The next one is, I'm not sure about this proposal or I don't know. What are we saying to the people? MR. TRULLINGER: Well, every survey worth its salt offers that as an option, "I choose Bush, I choose Gore, I'm undecided." You've got to offer that as an option, rm sure there will be people that truly don't know what side to take on this. Even though it's been hotly contested, they just don't know. CHAIRMAN HENNING: You got -- let's say that you get 51 percent of the people in Naples Park check that box, I don't know, what are you going to do with that? MR. TRULLINGER: On that particular question, we would tabulate the results in a couple of ways. We would tabulate every response that comes in and say 14 percent say don't know or 51 percent say don't know. And then we would probably also take everybody that responded one way or another beyond that choice and split them percentage-wise and say that 60 percent of those that did know something or had an opinion felt this way and 40 percent felt the other way. So in other words, you'd be able to slice and dice the data, based on a number of perspectives when you get them. Page 234 September 23, 2003 CHAIRMAN HENNING: Next question is -- I think this is No. 7. I don't know if it's changed. And it's about sidewalks. MR. TRULLINGER: Yeah. CHAIRMAN HENNING: And it's stating, if the underground package is approved. It's like a no-brainer, you know? If you're going to put drainage in an area, it's going to affect the sidewalks. I think everybody knows that. Do we have to have that much detail? MR. TRULLINGER: Well, I mean, if the board feels that that's a no-brainer, I'd love to have this survey a little bit shorter, I'd be happy to take it out. But it does cost something in the proposal. So I feel it's legitimate to say this may cost you, what is it 150 to $300 or more or less? I say leave it in. CHAIRMAN HENNING: Number 10, proposed plan suggests an increase code enforcement and education, and are you in favor of this? Are we saying that it's going to cost the citizens more money? MR. TRULLINGER: Well, the plan says that. As I say in my -- I think it's in the second draft as well, the cost, if any, to property owners for increased code enforcement education is not estimated in the proposed plan, although it mentions that a small tax on all property owners might be necessary. I feel that's fair to put that in there. CHAIRMAN HENNING: Let me just say, and I don't know you don't understand this, the Board of County Commissioners funds code enforcement and is to enforce the Board of Commissioners' code, Land Development Code, Growth Management Plan ordinance and something like that. If we're not enforcing them, we have a problem. And the citizens -- I can tell you, my constituents call me and tell me that we don't enforce it. And here's the example. Such and such place, the grass is 18 and a half inches long and it needs to be cut. That's a code enforcement complaint. That should not cost the citizens anything for, you know, increased code enforcement. We got a problem out there, we need to deal with it. So I don't know how the other board members feels about that Page 235 September 23, 2003 particular one. I think we can remove it and do our job. MR. TRULLINGER: The whole question.9 CHAIRMAN HENNING: The whole question, yeah. I mean, you know, we're enforcing our codes and ordinances. MR. TRULLINGER: Of course, the plan does talk about the need for a possible additional enforcement. And that's where the projected cost comes in. CHAIRMAN HENNING: And that needs to come up at a budget item. MR. TRULLINGER: Uh-huh. CHAIRMAN HENNING: You know, I mean, if it's deed restrictions, if they want to create deed restrictions, and I don't know if the plan says that, but if it's not county-wide, that's when you want to enforce it. Just like Pelican Bay, they choose to hire extra law enforcement for extra patrol. That's their choice. But in this case, you know, again, it's our ordinances and Land. Development Code. MR. TRULLINGER: Well, Commissioner, I would be delighted to take that out, if you want me to. CHAIRMAN HENNING: Well, I don't know how the other board members feel about this, sir. And one other thing, I really respect Commissioner Halas's opinion. I'm stating my concerns about the survey, but the bottom line is whatever Commissioner Halas wants, I'm going to go for it, because I know he has spent a lot more time than I have on this. You know, just looking at this as if I was to go into a ballot box and look at it, I would say, do you think I'm stupid on some of this stuff?. I mean, I'm not -- I mean, I'm trying to critique the survey. And also, you know, the question about, you know, the code enforcement one, I would like to say -- see more of I'm in favor of this item or I'm not in favor of this item. That's my only person opinion. I'm going to shut up after this. COMMISSIONER HALAS: I'd like to say that, to start off with, Page 236 September 23, 2003 as I look through the survey, there's a lot of time and effort put in here by both sides, and you need to be commended for that. As far as the No. 10 question in regards to code enforcement, I think that the -- there's some cases there in point where in Naples Park there's been great concerns for code enforcement. And from the e-mail that I get on this subject, I think that the people would be willing to tax themselves a small minute a bit to have additional code enforcement people that would be in their area and -- UNIDENTIFIED MEMBER OF AUDIENCE: No, no, no. CHAIRMAN HENNING: Commissioner, let me just ask you this: Looking at this question, would it be saying that the county's doing a great job in code enforcement if they check I'm opposed to increase code enforcement in education? COMMISSIONER HALAS: That would be good, yes. CHAIRMAN HENNING: They would say that we don't need any more code enforcement. Let's say that, you know, they own an ATV and a boat and two dogs and a family of 24 living in one house. Well, maybe they're not family, but somehow they're related. And they would be probably not in favor of it because they probably wouldn't comply to the Land Development Code or the ordinances. That's all. Again, I'm going to be quiet. And Commissioner Coyle, do you have any -- COMMISSIONER COYLE: Did Commissioner Halas finish? COMMISSIONER HALAS: Yes. COMMISSIONER COYLE: Yes, I compliment you on the work you've done. It must have been really, really difficult. The advantage you've had is that you've listened to both sides of this thing. The only problem is I think this is the first time you've encountered us in this particular setting. And I'm sure it's hard to understand what our positions are. But I'd at least like to share mine with you. And like Commissioner Henning, I'm going to be guided by Page 237 September 23, 2003 Commissioner Halas's position, because it's his district and he's very familiar with it. But basically here's where I am with this issue: Members of the community came to the county government and said we want to do something to improve our community, will you help us? And the government said -- the staff said well, sure, we're always happy to try to help, and in fact we're doing this in other communities. And then as we get into the process, we find that there are people that are opposed to it and they say no, we don't want you to do this. And so now we have opposing factions for and against. And then we try to get -- go through the democratic process and have a vote and let everybody express their opinion so that we'll know what to do. Because we're not going to make the decision. The residents would make the decision as to whether or not any kinds of changes or improvements or whatever occur in Naples Park. It's never been a Collier County government project. But we spent a lot of money on this. I'm not spending anymore money on it. At least -- wait a minute, wait a minute, you need to understand the implications of that statement. What we've done is we've taken money from all the taxpayers in Collier County and we've sunk it into this particular project. And I'm not happy with the result and the residents aren't happy with the result probably on either side of the issue from the residents. The last thing I want to hear is somebody saying we want to spend more money studying this. What I would like to do is find out do you want it or do you not want it.9 If you want it, then you'll get it. If you don't want it, then you're not going to get it. And the next time a community comes before this board to ask for some assistance, the first thing I'm going to ask them is have you formed a municipal services taxing district to pay for it.9 I am not going to vote in favor of providing any money to any community for this kind of a planning effort in the future unless you've got the money to pay for it. I am not going to waste taxpayers Page 238 September 23, 2003 money on this sort of thing ever again. At least I will not vote for it. But please, if there's a way to bring this thing to a final conclusion. You know, either you want it or you don't want it. Let's get out of this thing or let's get on with it. And so -- well, you don't want it, there are other people who do want it. CHAIRMAN HENNING: Folks, please, please, no conversation between the board members and -- out there. You have plenty ample time to come up to the Board of County Commissioners and view your opinion on this item. COMMISSIONER COYLE: But it's a democratic process, we want people to vote, or at least give us an indication in the survey what we should do, because we're not going to ram it down anybody's throat. But I just want you to understand and maybe my fellow Commissioners to understand that I'm looking to see this thing brought to a resolution. I don't want to prolong it with additional studies. I just want somebody to say yeah, let's do it, no, let's not do it. And then we'll make a decision and get on with our lives and get out of this business of fighting each other all the time. CHAIRMAN HENNING: Commissioner Fiala, then Commissioner Halas. COMMISSIONER FIALA: Thank you. Just in response to what you just said, Commissioner Coyle, what happened when this all began -- of course, I live in an area called East Naples, and we want very badly to improve our area, very much so. And the county had allotted money for East Naples and for Naples Park, a little bit for each. Naples Park people came and said can we use your money, because we're ready to go. So of course we in response, because we wanted to help you as much as we need everybody else's. We gave up our money so that you could do this. Now what it's done is it's left a bad taste in all the Commissioners' mouths, and we'll probably never Page 239 September 23, 2003 get that again. We're paying our own way. I mean, you look at Bayshore, and you see progress. You look at the Triangle, those are poor people in there and they're paying their way. But it's too bad that you have to yell and stuff like that, because, you know, we're trying -- all we did was come in on the tail end. We didn't start this. We thought you wanted it and we were trying to help you. And all we do is get yelled at. And it makes me feel bad, because I voted to give up the money we had for an area that do want to improve to you who then use it against me. I'm sorry, but I just had to say that. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Mr. Trullinger, it's quite interesting, you were saying that basically on scientific survey, just the hits on your website indicated that it was about a 50/50 ratio for or against; is that correct? MR. TRULLINGER: For or against the survey, not the proposed plan. COMMISSIONER HALAS: That's what I'm getting at, for or against the survey, exactly. MR. TRULLINGER: And that's from the folks that contacted me. COMMISSIONER HALAS: And I really believe that this is where the democratic process plays out. And what I think we need to do is if you'll take the suggestions that both Commissioner Coyle and Commissioner Henning gave you in regards to maybe just cleaning up the survey a little bit better, I don't think it's that far out, and I think we ought to let it get out there to the public, and we want to bring this to a total end and get this thing either one way or the other. And I think the time has come to get on with the program here. MR. TRULLINGER: When you say clean it up a little bit, what do you mean by that? COMMISSIONER HALAS: Well, the suggestions that were Page 240 September 23, 2003 offered this evening by Commissioner Henning. MR. TRULLINGER: The suggestions I heard by Commissioner Henning were to drop questions 10 and 11, basically. CHAIRMAN HENNING: Well, 10. COMMISSIONER HALAS: Just 10. CHAIRMAN HENNING: The -- MR. TRULLINGER: Okay. Commissioner Coyle was getting-- CHAIRMAN HENNING: Wait a minute, I wasn't done. I had a lot of time to speak. Sir, I'll review it for you, my concerns. I don't see what we're going to get out of "I'm not sure about this proposal" or "I don't know." I just don't know why that question is there. You know, I don't see -- it's not going to resolve anything. MR. TRULLINGER: Well, what are you going to do, Commissioner, if someone is truly undecided? COMMISSIONER HALAS: Leave it blank then. CHAIRMAN HENNING: You know what I do when I go in a ballot box and there are people on the ballot that I don't know about? I skip it. I don't check anything. Or ifI don't like either one of them, I skip it, you know. MR. TRULLINGER: So what's wrong then with putting that as an option? I don't get it. CHAIRMAN HENNING: So what are we going to do by putting it in there and if you get 80 percent of the people saying I don't know? What are we going to do with that? COMMISSIONER HALAS: We don't want to continue this on. CHAIRMAN HENNING: And then the next one is anything that says I believe this should be further studied. MR. TRULLINGER: Well, I've got to tell you, I would have a severe problem professionally dropping the I don't know option. I've never done a survey where we don't offer that as a choice. And I'm telling you right now, I don't like it for it to go out that way. I will do it if I'm instructed to do so by the board, but it will not be with my Page 241 September 23, 2003 company letterhead on there. Because I don't want to have my company reputation sullied by what I regard as an improper survey. CHAIRMAN HENNING: Well, sir, we're going to call the public speakers and maybe you can convince me why it should be there. And you'll have time to think about that, because I just don't know. Commissioner Coyle? COMMISSIONER HALAS: The other thing I think we ought to look at is this is this person's realm of occupation, and obviously he's made a study on this. CHAIRMAN HENNING: Right, and he's the expert, but I don't know. MR. TRULLINGER: I might also tell you -- I might also mention one step that I neglected to mention before, and that is we have validated this proposed survey, and we did it by conducting telephone interviews with 50 property owners in Naples Park. We found the following, which has led me to believe stronger than ever that this whole thing is legitimate as drafted. First of all, we found in a telephone interview that the length averaged eight minutes to complete this thing. Now, a number of the opponents of the survey are indicating oh, it's too long, it's too complicated. Eight minutes where we were reading every question, and most of the optional choices and then asking the people, do you understand the question? How can we improve this question? Probably will take them five minutes or less to do the survey. That's my first point. Second point, we heard some people complaining on the telephone about well, this language is a little bit vague or we don't understand this question. But most people we talked to understood it just fine. So I thought I'd mention that and give you a recommendation, my strong professional opinion, that this survey be approved as is and sent out to our printer tomorrow. That's what I'm Page 242 September 23, 2003 ready to do. CHAIRMAN HENNING: Okay. You'll think about my -- MR. TRULLINGER: Yeah, I will. I mean, I don't know what else to say, to tell you the truth. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I think that -- I think that no matter what result we get back, if it doesn't indicate a clear level of support for the plan or a clear level of rejection of the plan, the board probably will do nothing. Well, I shouldn't speak for the board. I would not vote to authorize another penny to do another day's worth of study on this project. If people are uncertain at this point in time after all of the public meetings that have been held, if they cannot decide whether they want it or don't want it, I'm not putting any more money into it. End of story. So it's going to come out either I want it or I don't want it. And under those two circumstances, I'll make a decision. The rest of it, as far as I'm concerned, I will not support any more money be spent on this project, unless there is clear support that the majority of the people wants it. MR. TRULLINGER: Seems to me, Commissioner Coyle, that you're going to be getting invalid data by not giving the probably tiny handful of people that don't know which way to go on this basically no say, no option. If you remove that as a choice for them, you're going to be looking at data that conceivably could be way beyond the margin of error in terms of accuracy. COMMISSIONER COYLE: That's right. MR. TRULLINGER: So my feeling is we're splitting hairs. There's going to be a tiny number of people that say don't know. But I feel they should have that option. Now, I'm open to the idea of taking out further planning as an option. That's not a biggie for me. But I would suggest you leave it in to keep it consistent with the survey terminology that practically every Page 243 September 23, 2003 other survey in the world with the exception of the Naples Park Association includes. CHAIRMAN HENNING: Okay. At this time, I think it's appropriate to go to public speakers. MS. FILSON: Mr. Chairman, we have seven speakers. The first being Loretta LeLeux. She will be followed by Edward Kobak. MS. LELEUX: For the record, my name is Loretta Leleux. I live in Naples Park, 800 104th Avenue. I've been a resident there for 13 years. I'm going to take my life in my hand and tell you that I was part of the original committee that worked on this. Maybe I shouldn't have given my address. But anyway, I've been asked why we didn't advertise this, why didn't the neighborhood know all of this. And we've been working on this what, three years, and we appeared before the Board of County Commissioners, so we were on television every time we came. We publish a community news in Naples Park, that was written up in there. We have property owners meetings. We talked about that and we voted to support the endeavor of getting a community plan. So every step of the way we were, you know, out front and public. We didn't go house-to-house, but we were out in public. It was brought up to the other association, and at that time they also backed it. When we start publicizing the -- you know, Dover-Kohl was going to be here, we had, you know, signs. We -- the water-- the utilities company sent out fliers to notify everybody. People didn't come to the meetings, didn't come to the planning meetings. The people that were interested did. And it wasn't until they did the wrap-up and brought out, you know, the things that were of concern, and when they came back and said, well, you've got to have a cost associated with it. That's when everybody started coming out of the woodwork, so to speak. But we were out front. And I'm sorry that you've taken flack for Page 244 September 23, 2003 it. I've taken flack for it. So have the other people that are on the committee. I still think that this is the best thing for Naples Park. We have-- CHAIRMAN HENNING: You'll have your chance, ma'am. MS. LELEUX: I think Trullinger did an outstanding job with all our input. I think it's an easy survey. It's not that complicated. Anybody that says it's too long or too complicated is insulting my intelligence and the intelligence of the homeowners. We're all capable of making the decision to purchase in Naples Park in the first place and to obtain a mortgage. If we can understand that, I think we can all understand the survey. The "I don't know" was a concern with us because we felt that a lot of people were making -- taking opinions of other people, and it's kind of like playing the telephone game. You know, you tell one person and it passes on, and by the time it gets down to the nth degree, it no longer has very much of the same information. And based upon on the fact that we made available copies of the community plan for people that wanted to read the plan to see what was in the plan -- I only had 15 people request a copy of the plan. That tells me there weren't very many people that read it and know very much about it. They're just going by word of mouth and playing the telephone game. So how much of it is legit and how much isn't? It becomes distorted. And so I think that I don't know is very definitely an option. Because I think a lot of people don't know and aren't sure. The comments I'm getting from-- because I e-mail a lot of people, and I'm getting positive comments. All along I have. And I think that we have been the silent majority. I speak up and take my life in my hands, but I think a lot of people do not like to be confronted with animosity and all this awful thing that makes you think you want to put your house on the market and move out of Naples Park, okay? So I thank you for what you have done for us. I'm pleased that Page 245 September 23, 2003 we're going to have a menu driven survey on this. And I think you're going to be surprised about the results when they come in. Thank you very much. CHAIRMAN HENNING: Thank you. MS. FILSON: Next speaker is Edward Kobak. He will be followed by Barbara Bateman. CHAIRMAN HENNING: And folks, I know we're all ladies and gentlemen here. And I met many of you and I've enjoyed the conversation. And I hope that everybody respects their neighbor on their comments, and look forward to the next comment. Sir? MR. KOBAK: My name is Ed Kobak. I live at 9675 Seventh Street North. I'm not afraid of my address. I have to disagree with the speaker. She said she's one of the silent majority. That's wrong. It's been wrong at the meetings. We've asked over and over to have a yes or no vote. I'd like to know how many people were in that group that approached you Commissioners originally to get this $280,000 appropriation, whatever it was. How many were there? CHAIRMAN HENNING: I think there was like a half a dozen. MR. KOBAK: Now, if you had polled the rest of Naples Park, you could have saved $280,000, I am sure. That's number one. Number two, can I address somebody personally up there? CHAIRMAN HENNING: Sure. MR. KOBAK: Mr. Halas, I voted for you. I'm sorry to say, you went on the thing that you would represent the majority in the Park. I voted for you and it's the sorriest thing I've done since I've been a voter. CHAIRMAN HENNING: Sir, I don't think that's necessary. MR. KOBAK: It is necessary, because that's exactly how I feel. I feel betrayed. He's taken a neutral position. Is that right when you're supposed to represent the majority of people? CHAIRMAN HENNING: Again, I think we're all ladies and Page 246 September 23, 2003 gentlemen here. COMMISSIONER HALAS: I'm going to tell you right to your face, that number one is that this is a democratic society. There are 3,300 people there in Naples Park. And every time that we have a meeting, whether it's at the church or whether it's here, I hear the same 200 voices. I don't hear the other 3,000 voices, okay? And I think it's time that we have a survey, get it over with and then we'll find out. And whatever it tums out, that's the direction we're going to go into, because that's a democratic society. MR. KOBAK: At the last two meetings there were probably 90 percent of the people that asked for a yes or no vote on this survey. We didn't get it. Why not? Mr. Trullinger said it was up to you Commissioners. If you put a yes or no on there, you could take it right now. COMMISSIONER HALAS: Sir, this is a survey and not a ballot. It's a survey, because the amount of money that was put into this whole plan to get an idea of what the people of Naples Park wanted, this is why we have to end up in this process to where it's a survey, because these are the items that the people that came forth and spent their time during Thanksgiving about a year or so ago, that went in, sat down with the people from Dover-Kohl, who's a research organization out of Miami, because there's been stipulations that they're a developer and they're after everybody's land, that is false. They're there to assist the people to make sure that whatever they decided that they needed that they would like to see if their community, these are basically the same type of questions that relate on the survey. So I'm sure that however it goes, if the majority say we don't want any of this, which is on the last page, that's -- the problem's solved. MR. KOBAK: But you're going -- putting the horse before the carriage, or behind the carriage. If I were going to spend $280,000, I Page 247 September 23, 2003 would sure not take five or 10 people's word. I would poll the people in Naples Park, all 3,000 some odd-- COMMISSIONER HALAS: You're absolutely right, sir. And if I was at this board at the time that this all started, you can bet that before anything of this nature would have been brought forth, I would have gotten all different homeowners involved and said let -- you tell me if you want this, not just one homeowners group. I would have gotten all three homeowners group. But I wasn't there at the time, all right? So we have to salvage what we can at this point in time. MR. KOBAK: Well, you have yours and I have mine, and I think I have more behind me. Now, the Commissioners, you also, I would like to ask you why there's not a yes or no vote on this survey. To the whole -- CHAIRMAN HENNING: Do you have anything else to bring up, sir, besides that? MR. KOBAK: Well, I think you should do the will of the people. CHAIRMAN HENNING: Yes, sir. MR. KOBAK: My time is up. I thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Barbara Bateman. She will be followed by John Austin. MS. BATEMAN: Can I be heard now? CHAIRMAN HENNING: Yes, it's great. MS. BATEMAN: Well, good evening, Commissioners, Mr. Chairman. This is a lot different from the last time that we met, and we really appreciate the time specified, 5:30. Made a big difference. It's not a strain on everyone, and we appreciate that. Before I start, my name is Barbara Bateman, and I'm a 28-year residents in Naples Park, and I am also the civic chair person for the Naples Park Area Association. And Commissioner Fiala, it's unfortunate that you were misled Page 248 September 23, 2003 by a few members of our community. And I know that they meant well, but it was a case that we needed to have an outreach of all our -- best percentage of our community, rather than two associations that have one association, their average meetings are -- they run anywhere from 25 to 30 people. The Naples Park Area Association did have a small presentation of maybe 20, 25 people max by Erica Lynn, and that was last spring. Prior to that, we had no other information. And not everybody watches the video tapes of the board meetings, and a lot of people don't get the Naples Daily News, and I could go on and on. And Commissioner Coyle, I understand you don't want to spend any more money, but there are a lot of us that have lived in Naples Park for well over 35, 40 years, and our tax dollars have gone into the county as it has developed through the years. And certainly with us taxing ourselves like the community development districts or improvement districts where they tax themselves and then they also have money going into the general fund, we would like to see our money that goes into the general fund come back into our community without having to always tax ourselves, like these more wealthier communities. One of my questions is what progress is being made with Naples Park survey? I don't know what the county is trying to do to our community, but did you know that when this -- COMMISSIONER COYLE: Wait a minute, wait a minute. MS. BATEMAN: -- survey is completed-- COMMISSIONER COYLE: Can I say something here? MS. BATEMAN: Certainly. COMMISSIONER COYLE: The county is not trying to do anything to your community. The county is trying to have a democratic voting process so your community can decide what your community wants to do. I take great offense at people characterizing this as a county project. We spent a lot of money getting where you Page 249 September 23, 2003 are today at the request of people in your community three years ago. Where were you then when you were -- you could have told us that we shouldn't have been spending that money. MS. BATEMAN: I agree. A lot of us in the community didn't -- we're not blaming the Board. COMMISSIONER COYLE: Don't come here and tell me that the county is trying to do something to your community. Because that's not happening. We're really trying to get you to exercise a democratic process and vote. MS. BATEMAN: Okay. COMMISSIONER COYLE: Okay, that's all we're trying to do. MS. BATEMAN: Okay. But did you know that when this survey is completed, it will be our fourth survey? Did you know that? The first survey was completed on November the 21 st, 2002, which was a citizen's planner packet. 122 people responded. And there was well over 100 more that participated. The second survey was Voice Your Opinion, and that was taken on February the 6th, 2003. And then this third survey was the April 29th of the citizen input form by the county. I believe 562 people participated. Now, how many times do we use these or how many times are we going to perform these surveys, and how many times do they need to be taken? I think Commissioner Coyle kind of answered that. This is it. COMMISSIONER HALAS: This is.the final survey. MS. BATEMAN: This is the final? COMMISSIONER HALAS: Yes, this is the final survey. MS. BATEMAN: Okay. Because it was beginning to appear that these surveys kept continuing until the county finally, you know, would get what it wants but not what the greater number of the property owners want. CHAIRMAN HENNING: Ma'am, the county -- Page 250 September 23, 2003 COMMISSIONER HALAS: Again -- CHAIRMAN HENNING: It's not the county's idea. MS. BATEMAN: It's not the county, it's the people of Naples Park. Which was originally a very few -- CHAIRMAN HENNING: And we understand the issue that it wasn't a full representation, like Commissioner Halas said that. We understand that. MS. BATEMAN: Good. Many of the comments I received about this Trullinger survey, which we heard, and a lot of changes have happened since a number of our elderly people have not gotten the most recent updated version, but a lot of the elderly people did say it was kind of complex for them and it was too long, and they'd rather have one or two pages. And I believe that was your point, Commissioner Halas. You would like to see it at one or two pages. So I really want to -- our outstanding commissioner responsibility I feel is to look for our health, safety and welfare of its citizens, and would you say that this accurately reflects the considerations towards Naples Park community? Because we have been overwhelmed with the outrageous costs for the transformation of Naples Park. And I really hope that you search your conscience and realize how this project has been affecting our community, because so many of our citizens have been experiencing poor health physically and psychologically. It has really been very detrimental to our community. So I certainly hope your search your conscience and realize it's really been devastating to so many of us. Thank you very much for your time. And we're not blaming the board by any means. I know it comes back and we I guess have no one else to focus on so we say well, Board of County Commissioners. COMMISSIONER HALAS: But the thing is -- MS. BATEMAN: But we have a number of people in our Page 251 September 23, 2003 community that had moved this forward, and I really wish that we had had more input in the very beginning. It's unfortunate, but this is where we are now. COMMISSIONER HALAS: And it's also unfortunate that there's been forces out in the community that have basically construed what really took place in the survey that was done by Dover-Kohl to the point where there's a lot of innuendos and insinuations that there's going to be a high price tag, and that's not the end result. The end result was that you can tailor any type of package, but it was always stressed in the newspaper-- whenever anything came out in the newspaper, it was an automatic $10,000. And I think that alone is a misrepresentation of the whole Dover-Kohl project. Because it was not the -- that was not the whole concensus of the thing, to be as expensive as possible. It was to tailor something for the residents there that wanted it for originally. MS. BATEMAN: Yes, I understand that. However, I notice that in a number of articles I have read and literature that's going out, and it has been stated an estimated cost. Thank you. MS. FILSON: The next speaker is John Austin. He will be followed by Chris Carpenter. MR. AUSTIN: Hi, I'm John Austin, I live on 97th Street. Before I start, I'd like to say I think Ms. Bateman was treated rather roughly by this committee, and I resent it. And that's coming from the coalition of Naples Park. I resent the way she was treated. Please refrain from another woman coming up here and being treated the same as that. I'd like to stand before you today -- CHAIRMAN HENNING: And vice versa, sir. MR. AUSTIN: What's that? CHAIRMAN HENNING: And vice versa. MR. AUSTIN: No, she was kind. Ask the people in the audience. Page 252 September 23, 2003 I'd like to stand before you today and repeat one statement for three to five minutes, it goes like this. You failed to note 2,669 property owners that you had a plan that was going to cost $10,000 plus interest for redevelopment. You failed to notify 2,669 property owners that you had a plan that was going to cost $10,000 plus interest for redevelopment. I could do that for five minutes, and you think what? It would go right over your head. Because we've been here, we've said it. I've got the reports from June 10th. Everyone on this panel is quoted in there as being leery of the cost. And one thing you're really leery about is did you inform the people, the property owners of Naples Park, before you went on this with this plan? You didn't. And that comes from Tom Olliff, who warned the board not to proceed with it unless they spoke with every property owner in Naples Park. That has never happened. So when you say this is a community plan, it's not. It's Dover-Kohl, and they don't want it. They say it's a community plan. Joe Schmitt said it's not his, from the planning and development. He says it's the communities. Your group says it's not your plan, it's the community's. The community has never accepted this plan, so how can you call it our plan? Anybody want to answer that? How can you call this the Naples Park community plan when it was never voted on? Totally wrong. You'll sit there and say let him talk, he'll go home. We won't go away, I'll tell you that. Okay, let me talk about the five or six that came to see you. One of them is rumored to be a citizen of Canada. Since when do we march to the tune of the Canadian drum? Another woman was a real estate agent who just left here. She didn't want to stick around to see what I had to say. She went out and located five spots for future growth in Naples Park without the plan being accepted by you. She was directed by Vera FitzGerald to go out and buy five locations for park space. And you know when you were talking about private investment? That's the big builders. They want those spots. They Page 253 September 23, 2003 want to take eminent domain around those spots with condominiums and townhouses. She would make a hell of a profit as a real estate person. Then we had a member of the planning board spearheading this, along with Commissioner Carter. And he is actually violating the ethics code. I'd say it was a conflict of interest for him to write letters to the editor and speak before the group here in regard to this plan, just because he lives in Naples Park. Okay, next, you have my plan up there. We got sick and tired of waiting for the yes or no vote to come out, and you all in this document, back to your June 10th meeting, are looking for a yes or no vote. You want a yes or no vote but you'd like a menu. You want a yes or no vote, Tom, you want a yes -- Mr. Coyle, you all want a yes or no vote. You haven't had one. So this procrastination led us to say let's show them what's out there. So you have our plan. It's a poll, but I use the word vote. And it's documented and it will be -- you're all invited, your committee, Joe, the whole group. Bring them all. We're going to save these till October 15th. You come and help us open them. And Tom. And if it says yes in here, by God, you'll never hear from us again. But if it says no, we want to you act on it. That's the yes or no vote. Now, let me say something here that comes from the Constitution of the United States. The Constitution demands that the government can't do anything without the consent of the governed. And that's the governed out here, the people of Naples Park and the ones that showed up here. They're the governed, you're the governor. You can't do anything without their consent. So we're helping you. We got a poll going, a legitimate poll. We have all the documents. We know there's 2,669 property owners. There are 7,000 people living in the Park. I hear 3,000, 3,500, this and that. There's 7,000 people living in the park. They weren't all informed. There's 33 percent renters. It's down to this, 2,669. That's the tally. We have it alphabetized. We Page 254 September 23, 2003 took it from Abe Skinner's office. And we look forward word to you all being invited October 15th to open up this and find out what the people want finally. The democratic way, a yes or no vote. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Chris Carpenter. She will be followed by Manuel Rodrigues. MS. CARPENTER: Hi, Commissioners. For the record, my name is Chris Carpenter. First, I'd like to compliment Mr. Trullinger on the job that he did. I found him to be very professional, very responsive to our comments and suggestions, and I think he did a really outstanding job. Regarding the answer choice for all of the questions, I believe there should be more study. I ask that you please not assume that people automatically know that there could be a charge involved with more study. Maybe you could put a paragraph at the beginning explaining this, or put it next to each answer choice in the question. But I don't think it should be assumed that people will know this. Oh, gee, just a couple of things that I wanted to point out to you. Not to bring up anything unpleasant, but at the June 10th meeting, Mr. Schmitt said that staff would involve the public with a ballot and he apologized to the residents of Naples Park because he felt that the staff failed in getting information out to the public about the plan, and he made a commitment that staff was going to do better in developing a ballot to ensure that it could be understood and that people have a choice. And I just wanted to point out to you that county staff did not send out announcement to Naples Park property owners about Mr. Trullinger's meeting on the design of the survey. The only written notice that we got was a Naples Daily News article, and it came out the Friday of Labor Day weekend, and the meeting was held the following Wednesday. And I just feel like staff kind of let us down a Page 255 September 23, 2003 little bit. And I just wanted to point that out to you. And the last thing that I wanted to point out is there's been an awful lot of animosity on both sides. I don't want the plan and I've been heckeled and harassed and even threatened, and so it goes both ways. And anyway, I thank you for giving me the opportunity to state my opinion. Thank you very much. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Manuel Rodrigues. He will be followed by your final speaker, Cathy Velund-Stucko. MR. RODRIGUES: Good afternoon, gentlemen. My name is Manny Rodrigues. I've been a resident of Naples Park for 15 years -- 14 years. This survey here really should only be a yes or no. I've stated that I think on our June 10th board meeting. I find it ironic that two gentlemen of the board state this should be a democratic process. Well, I agree with you, this should be a democratic process. This vote should go in our general election. It should be a yes or no vote, and that would truly be a democratic process. What this is here is not a deliberate attempt by nobody, but it is confusing, and it leads a lot of open items, such as on all these -- basically on every paragraph it states that the cost to all property owners would depend upon amount of county matching funds, if any. Well, I want to know what those matching funds if any are going to be. This is an open item. It really is an open item. And that's listed in almost every single paragraph of this survey. And I do respect the hard work that's put on here by everyone, but I do feel this survey is just a facade. To me it's a facade, and it really -- to be truly meaningful, it should be an up or down vote on general election. And I must say that one thing that I have learned through all this here is that I should have gotten involved when those 12 members or Page 256 September 23, 2003 20 members stated to the board at that time that they represented me. Because I can tell you, they did not. And I was -- I wasn't sitting around watching TV, I wasn't sitting around smoking or drinking beer, I was out with my two boys, one cross-country, one football/baseball, and ii was a coach. So I was involved in communities. And I apologize to myself and my family for not being involved in this process at an earlier stage when things started to come about. I just let it happen for the other guy. I let the other guy get involved in thinking they were going to do the right thing. Well, that's the only thing I can say, the only positive thing out of this whole situation is that I am now going to get involved every time someone says that they represent me. And I can tell you that they do not represent us. And thank you very much for your time. MS. FILSON: Your final speaker is Kathy Velund-Stucko. MS. VELUND-STUCKO: Hi. I'm Cathy Velund-Stucko, born and raised in Collier County. My dad came here in 1945. I've been a property owner in Naples Park for 22 years, guys. I have seen boat loads of changes in Collier County, disgusted with a lot of them, a lot of them are great. But I said what has gone on in Naples Park -- my husband's attended the meetings; I'm the same as the other guy, I work full time, I do charitable work, I've got a seven-year-old and I've got a college student. I said we have just about had it. I said everybody has said the voice of the people. We elect you guys into office, we want you to be our voice. It seems like everybody -- and that just can't be, I have my little neighbors, the old retired couples, I have the older people that have been there longer than me, and every single one of them, it's kind of strange that these statistics come up that yes, there's so many people that want this. And I have to agree, I have to address the board and say I don't understand, as a little peanut born and raised here, if somebody came to me and asked me, we want to redevelop an area, that you better do Page 257 September 23, 2003 a little bit of research, because that's the beginning point. You say we're blaming you? The paper will blame you, everybody's going to blame you because you could have stopped it to begin with. Because if you guys had done the survey, as everybody said at the beginning, do a mailing, Naples Park wants money, okay, mail it off to all of them. See what kind of response we get. Is it worth even taking it to them or are you guys going to do it yourselves? And I just don't understand how something -- and I have to say, I would like to know, what would the cost be if you did a yes or no vote? What is the big -- I know you said you've done four surveys, three surveys, whatever. What would it cost the board, or why can't Naples Park, if all these people say they've gone through all these surveys -- my husband and I have filled them out ourselves, my neighbors have filled them out -- what is it going to cost the board for us to get a yes or no vote? So you got -- we don't want the big survey. It complicates. You know, you want to say -- I said it is black-and-white. It's either you want it or you don't. They say that's simple, no -- it is, it's really simple. Don't complicate something. Don't give somebody three pages, say here you go, this is what you've got to do. After they've already gone through it, guys. God bless you. You know, listen to us. It's simple, it really is. It's not that complicated. God bless you, thank you for your time. Everybody does-- COMMISSIONER HALAS: Ma'am? Ma'am? MS. VELUND-STUCKO: Yes, sir. COMMISSIONER HALAS: Excuse me, I want to thank you very much for getting up there and expressing your thoughts, because I think it was near and dear to your heart. And I think all of us on the Commission have learned a lot from this exercise. And I'm sure that you'll see the Commission will be more forthright when something of this nature comes up. But I just want to get one thing here clear. At this point in time Page 258 September 23, 2003 the county has not sent out any surveys. I believe that was -- all the surveys were Dover-Kohl. So the surveys that you were involved with were the Dover-Kohl surveys, and what they were doing is when they sent the first one out, they basically got input in regards to what people wanted, and then from there they narrowed it down again with another survey. And this survey that is presently going out is the only survey that the county has put extra money -- set extra money aside for to get a final result so we can put this thing to bed. And if it comes back that nobody's in favor of this, hey, that's it. And we just felt that it needs to be through a democratic process. So I listened -- I've heard you, we've learned a lot from this whole exercise, and I can assure you that we will be much wiser in the next time around. MS. VELUND-STUCKO: Yes, sir, and thank you for listening, but if it was simpler, it really would -- if you guys could take that into consideration, I'd really, and I think many people would really appreciate it. And if you went to the -- a couple people in Naples Park that looked at the things that aren't here, aren't able to get out and said would you rather do this one or this one, I really hope that you guys will take that into consideration. Again, thank you, and God bless you all. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. One thing I noticed here, as well as many other times, people always say why don't you listen to the people? You should be for the majority. But usually it's only the opposition that's there, and they're very, very vocal and so they always think they're the majority. And usually the people that are on the other side feel very uncomfortable about getting into the fray so they just kind of sit back. But they do vote. So that's what the survey is for. Secondly, somebody was saying something about how can we just believe a few people. You weren't even here, Frank -- I mean, Page 259 September 23, 2003 Commissioner Halas, so you don't even know about this. But -- COMMISSIONER COYLE: I wasn't here either. COMMISSIONER FIALA: Oh, you weren't here either? Oh, for goodness sake. Well, let me stand up and say I was here. And things in my community always start with a small group. I can't tell you how many things we've activated just because we felt there was a need to make something better. For instance, Bayshore, we started that. Another one was our park in East Naples that was, I'm sorry to say Collier County parks people, but at the time it was deplorable and did not compare all to the rest of community and the landscaping in East Naples. But it all started with a small group. Just like in Isles of Capris, they wanted a park, they didn't have one, their children couldn't get one. And so somebody went out and identified little pieces of property that were there on the Capri. And they've just finished the park, by the way. They're going to have their grand opening and they're all in love with it. They're so happy. But it always starts with a small group. How did I know when this small group came that it didn't represent everybody? I kind of thought it was just like what I'd always been involved in. And, you know, when we got involved, the whole group got together and we all worked for the cause, and so I didn't realize it would be any different. So I do apologize to you for that. I have to also tell you, last remark, many times people issue accusations and derogatory remarks, and that never warms my heart for somebody's cause. Not that any of you have, but I have received them. And I just want to tell you, it never makes me feel like I want to vote in favor of the person who's accusing me of something, because I wouldn't do anything to harm anybody, and I don't -- it makes me feel bad. Anyway, that's all I had to say. Page 260 September 23, 2003 CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Thank you. I remained quiet for a long time, as I've been listening to everything taking place. And actually, this whole process is quite interesting. Every one of the Commissioners here come from a strong background of civic involvement. I myself have started seven new civic associations in my district in the past two and a half years. And I can tell you that the anger is going to go away, but what you people have got going as far as coming together, even though the cause might be in disarray over what's right and what's wrong, the fact that you've come together and yo identified some, you'll remain together after this. And in the future you're going to see a lot of things your community's going to benefit from your interaction today. About 10 percent of you will remain active. The rest of you will disappear back into the woodwork. But that 10 percent's going to be a very vocal group and they're going to move forward and they're going to be very prerogative. And I'm looking forward to seeing you back again, hopefully in a much happier light. CHAIRMAN HENNING: I think that the Board of County Commissioners, where we're going, we're going to give the residents or the property owners in Naples Park 11 times to say yes or no. And I think that's important. People are -- I understand, I've heard the -- a lot of people saying, you know, we're not in favor of this. Well, we're going to give you 11 times to say we're not in favor of this. You know, and that's going to speak numbers to the Board of Commissioners. So at this time, what's the pleasure of the board? COMMISSIONER HALAS: I'd like to make a motion that we carry on with this survey, get it out into the neighborhood, and with the exception of taking out -- I believe we talked about, I think it was, question number 10. And continue on and get this over with. And Page 261 September 23, 2003 that will be the end of this whole thing. COMMISSIONER FIALA: I'll second that motion. CHAIRMAN HENNING: Motion by Commissioner Halas, ' second by Commissioner Fiala. Discussion? MR. MUDD: Mr. Chairman, one other thing. You had one thing in there from Commissioner Coyle where he said to put in private sector funding, was a word change in order to add some clarity to question number two. I want to make sure that -- COMMISSIONER HALAS: Yes, I'll amend my motion to fit that wording. CHAIRMAN HENNING: Is there anything else that needs to be critiqued from the survey? COMMISSIONER FIALA: I just wanted to say, why was everybody afraid of the survey? They get to say yes or no in here. I just didn't understand that. It's explained fully and you get to say yes or no, no matter what. So anyway, I just wanted to say I didn't understand that, but you've got my second. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Just one comment. I was going to say, some of you aren't going to be pleased with the fact the survey's going to go out. If you want to really express your aggression, when you get the survey, take a black marking pen, write no on top of each answer going down -- how many times? CHAIRMAN HENNING: Eleven. COMMISSIONER HALAS: CHAIRMAN HENNING: -- message will be loud and clear. Eleven 11 times. And I think your that. UNIDENTIFIED MEMBER OF AUDIENCE: You can't do You cannot do that. COMMISSIONER COLETTA: No, don't do that. UNIDENTIFIED MEMBER OF AUDIENCE: You cannot do Page 262 September 23, 2003 that. COMMISSIONER COLETTA: You can't do that. No? Why can't you do that? I thought we made the rules. CHAIRMAN HENNING: Okay, folks. MR. REESER: (Was off the microphone at this time) One question. CHAIRMAN HENNING: Sir, after -- after the meeting. MR. REESER: How are we going to (inaudible) lost their jobs, loss their income from the stock market, lost everything. Every time they send a bill around to my house like my automobile insurance, my flood insurance, my homeowner's insurance. They take every damn thing I get off of my paycheck. And I'm 80 years old working to make it so I can make ends meet and these people are going to come up with 10 or $20,000 that I've got to have to pay for a month. Where am I going to get this money and where are all these retired people going to get the money, 200 or $300 a month on top of others expenses? CHAIRMAN HENNING: I'd be glad to talk to you after the meeting, sir. Okay, nothing else. I'm sorry, I'm not taking anything. We had public input. We have the legal sufficiency and this is only a survey. MR. PETTIT: Correct. It's just a decision of the board as to whether they want to direct the consultant to disseminate the survey. CHAIRMAN HENNING: Any further comments from the Board of County Commissioners? (No response.) CHAIRMAN HENNING: One thing. I'm not really happy with this, but I'm going to vote with the majority. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER COYLE: Aye. Page 263 September 23, 2003 CHAIRMAN HENNING: Aye. Opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. COMMISSIONER FIALA: As long as the majority feels this way, we'll get all those back anyway, so I don't know what anybody's fearful of. COMMISSIONER HALAS: Exactly. COMMISSIONER FIALA: But then we'll have it in writing. MR. MUDD: Mr. Chairman, we sent out a public notice to all the papers and whatnot that after this item -- we'd only do one item after 5:30 and this was the Naples Park survey piece; that we would reconvene at 9:00 tomorrow morning. CHAIRMAN HENNING: Okay. COMMISSIONER COLETTA: That sounds fine. CHAIRMAN HENNING: So we're going to take one more item or we're not going to take -- COMMISSIONER COLETTA: No, no. CHAIRMAN HENNING: Board is recessed until 9:00 a.m. on Wednesday. Page 264 September 23, 2003 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:55 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS TOM HENNING, Chairrffan ATTEST:. D,W~-~'~-~' BROCK, CLERK S{Onature only. These minutes approved by the Board as presented ~ or as coxected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY ROSE WITT, KELLEY BLECHA, MARGARET SMITH AND CHERIE NOTTINGHAM Page 265