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BCC Minutes 12/14/2004 R December 14,2004 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, December 14, 2004 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board( s) of such special district as has been created according to law and having conducted business herein, met on this date at 9: 00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Donna Fiala Frank Halas Tom Henning Fred W. Coyle Jim Coletta ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Jim Mitchell, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 6", ...".:..-..... -.,~..... '., ? -- -.:..=.~:~. AGENDA December 14, 2004 9:00 AM Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 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 PRESENT A TION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED 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 Page 1 December 14, 2004 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTl\1ENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1 :00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Dr. Kathleen Kircher, St. Monica's Episcopal Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. November 10,2004 - BCC/Land Development Code Meeting C. November 15,2004 - Special Value Adjustment Board Meeting D. November 16, 2004 - BCC Regular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 1. Advisory Committee Service Awards. 4. PROCLAMATIONS Page 2 December 14, 2004 A. Proclamation to acknowledge that December 7, 2004 was celebrated as Golden Gate High School Junior Civitan Club Day. To be accepted by: Mrs. Connie Pinckney, Faculty Adviser. 5. PRESENTATIONS A. Presentation by the Lake Park Elementary School 4th Grade Panther Posse regarding the Florida Panther Poster Contest. B. Recommendation to recognize Heriberto (Eddie) Hartnack, County Veteran Services Officer, Public Services Division, as Employee of the Year for 2004. C. Presentation of Status Report by the Caribbean Gardens Blue Ribbon Committee. To be presented by Kathy Prosser, Committee Chairman. 6. PUBLIC PETITIONS A. This item continued from the November 16,2004 BCC Meetin2. Public Petition request by Joseph Bawduniak to discuss use of Depot by the Antique Automobile Club of America, and FAA Safety Seminars for Local Pilots. B. Public Petition request by Robert France to discuss parcel exchange 3681 4th A venue Northeast. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation by the Community Redevelopment Agency (CRA) to the Board of County Commissioners (BCC) to expand the boundaries of the Immokalee Community Redevelopment Area to include the entirety of parcels inadvertently bisected by the present boundary. B. This item reauires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-2004-AR-5220 Land Development Group, LLC, represented by Ronald Nino, AICP, of Vanasse Daylor, LLP, requesting a rezone from Rural Agricultural (A) zoning to Mixed Use Planned Unit Development (MUPUD) for a project to Page 3 December 14, 2004 be known as the Buckley Mixed Use PUD to allow for mixed-use commercial and residential development. The PUD is proposed for a maximum of 251 residential dwelling units, a maximum of 74,230 square feet of retail commercial, and a maximum of 97,070 square feet of office commercial uses. The property is located at 7501 Airport-Pulling Road, in the northwest quadrant of the intersection of Airport-Pulling Road and Orange Blossom Drive, north of the Collier County Regional Library, in Section 2, Township 49 South, Range 25 East, Collier County, Florida, consisting of 22.84:1: acres. C. Adoption of an Ordinance amending Chapter 74 of The Collier County Code of Law and Ordinances, as amended by Ordinance No. 2001-13, The Collier County Consolidated Impact Fee Ordinance, providing for annual mid-cycle year indexing adjustments to water and sewer impact fee rates. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Library Advisory Board. B. Appointment of member to the Ochopee Fire Control District Advisory Committee. C. Appointment of members to the Golden Gate Community Center Advisory Committee. D. Appointment of member to the Golden Gate Beautification Advisory Committee. E. Appointment of members to the Development Services Advisory Committee. F. The Annual Performance Appraisal for the County Attorney. 10. COUNTY MANAGER'S REPORT Page 4 December 14, 2004 A. This item to be heard at 10:00 a.m. Recommendation to approve a Resolution authorizing the issuance of capital improvements and refunding revenue bonds Series 2005 in an amount not to exceed $180,000,000. (Sales Tax Bond Issue) (Mike Smykowski, Director, Office of Management and Budget) B. This item to be heard immediatelv followin2 Item lOA. Recommendation to approve a Resolution authorizing the issuance of limited general obligation bonds in a not to exceed amount of $75,000,000. (Conservation Collier Program) (Mike Smykowski, Director, Office of Management and Budget) c. This item continued indefinitely. Consideration of Multi-County Agricultural Extension position. Due to Sheriffs budget appeal, no consideration of Unfinanced Requirements (UFR) list will be considered at this time. (Jim Mudd, County Manager) D. Approve and Adopt by Resolution a Hazard Mitigation Plan for Collier County also applicable to its Municipalities. Copies of the Hazard Mitigation Plan are available for review at the County Manager's Office, 3rd Floor W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, FL and all Collier County Public Libraries. (Dan Summers, Director, Emergency Management) E. Recommendation to approve the Selection Committee's recommendation and approve a Professional Services Agreement with Carollo Engineers in the amount of$II,725,020.00 pursuant to RFP # 043673 for design and resident engineering services through the warranty period related to the construction of the Northeast Water Reclamation Facility and the Northeast Water Treatment Plant, Project Numbers 70902 and 73156. (Jim DeLony, Administrator, Public Utilities) F. This item to be heard at 1:00 p.m. Recommendation to allow a presentation of the construction options for the Golden Gate High School Bridge Study alternatives conducted by the Collier County School Board and the preferred alternative selected by the School Board at their November 18, 2004 Board meeting. (Norman Feder, Administrator, Transportation Services) Page 5 December 14, 2004 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ---------------------------------------------------------------------------------------------------------- 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve for recording the final plat of "Mediterra Parcel 125," approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 2. Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11. (Changes to the PUD monitoring fees) 3. Recommendation to approve the application for the Property Tax Stimulus Program, Advanced Broadband Infrastructure Investment Program and the Job Creation Investment Program by Advocate Aircraft Taxation Company. 4. Approval of the application for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program by Guadalupe Center, Incorporated and provide for the waiver to pay the upfront fifty-percent of the estimated Transportation Impact Fees at Final Site Development Plan Page 6 December 14, 2004 approval, but instead pay all impact fees, in full, at issuance of the Building Permit through the Fee Payment Assistance Deferral Agreement. 5. Recommendation to approve for recording the final plat of "Veronawalk Phase 2B," and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 6. Approval of Satisfactions of Lien. 7. Recommendation to grant final approval of the roadway (Public) and drainage improvements for the final plat of "Sabal Bay Commercial Plat - Phase One." The drainage improvements will be privately maintained. Collier County will maintain the roadway improvements within Thomasson Drive and Xeric Lane. 8. Recommendation to approve for recording the final plat of "Britney Estates," approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 9. Request that the Board approve the reinstatement of the PUD Amendment Process by the Department of Zoning and Land Development Review in order to allow for a PUD amendment to be processed in the form of a substantial modification to the PUD rather than through a total PUD to PUD rezoning process. 10. A recommendation to release and authorize the County Manager to execute a Satisfaction for an Impact Fee Deferral Agreement for Brittany Bay Apartments, Phase II upon receipt of a legally sufficient irrevocable letter of credit in the amount of $1 ,210,626.56 on behalf ofCED Capital Holdings 2001B, LLC. 11. Request approval by the Board of County Commissioners for an additional amendment cycle for the 2005 calendar year to address urgent amendments to the Land Development Code regarding Sidewalk issues pursuant to the requirements of Chapter 10 of the Collier County Land Development. Code. Page 7 December 14, 2004 B. TRANSPORTATION SERVICES 1. Recommendation to Approve Award of Bid #05-3691, "Roadway Lighting Components" to Multiple Vendors. 2. Recommendation for Board approval to reject all bids received under Bid #04-3595R "Clearing, Grubbing and Tree Trimming Removal Services. " 3. Recommendation to approve a Resolution to reduce the speed limit on New Market Road to 35 miles per hour for the section from Jerome Drive to Hendry Street and 40 miles per hour for the section from Hendry Street to State Road 29 (North 15th Street) at a cost of approximately $400. 4. Recommendation to approve award of Bid #05-3690, "Electrical Components," to multiple vendors. 5. Recommendation to Award Contract #04-3588 "Fixed Tern1 Material Testing Services" to the following firms: Allied Engineering & Testing, Inc.; Ardaman & Associates, Inc.; ASC Geosciences, Inc.; Forge engineering, Inc.; and Professional Engineering and Inspection Company, Inc. (Estimated Annual Amount $750,000) 6. Recommendation to award bid #05-3741 "Mowing of Grassed or Vegetated Roadside Areas" for the estimated annual amount of $276,000.00 to Southern Services. 7. Recommendation to approve Supplemental Agreement No.2 to the Professional Services Agreement with American Consulting Engineers of Florida, LLC, in the amount of$357,735 for the design of Goodlette- Frank Road from Golden Gate Parkway to Pine Ridge Road, Project No. 60005. 8. Recommendation to approve a Donation Agreement and to accept the conveyance of a Temporary Construction Easement required for the replacement of a drainage pipe under Blocks 260 and 261, Golden Gate Unit 7 (Project No. 60016). Estimated Fiscal Impact: $18.50 Page 8 December 14, 2004 17. Recommendation to approve a budget amendment to reallocate $28,000 from the Golden Gate City Outfall- Project Number 512181 to the Fish Branch Creek Box Culvert - Project Number 510211; Both are part of the Water Management Department Capital Projects. 18. Recommendation to approve Contract Amendment No. 03-3473-AOl with HDR Engineering, Inc. -"Consultant Services for Preparation of a Land Development Overlay for Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District" to include civil engineering design services in the amount of $156,071.40 for the Gateway Triangle Drainage Improvement Project, Project Number 518032. C. PUBLIC UTILITIES 1. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 2. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 3. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 4. Recommendation to approve the Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $20.00 to record the Satisfactions of Lien. Page 10 December 14, 2004 5. Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $20.00 to record the Satisfactions of Lien. 6. Recommendation to approve Work Order JEI-FT-05-01 to Johnson Engineering (JEI) in the Amount of$163,364 for Engineering Service for the Design, construction plans and Construction Inspection of a Master Pump Station under Contract 01-3290 - Fixed Term Professional Engineering Services, Project 73079. 7. Recommendation to approve FY 04-05 Innovative Waste Reduction and Recycling Grant Agreement from the Florida Department of Environmental Protection to fund construction of the Innovative Recycling Fitness Walk, and associated Budget Amendment. 8. Recommendation to award Bid #04-3721 for the hauling and disposal of lime sludge in the estimated annual amount of $200,000 for the South Regional Water Treatment Plant. 9. Recommendation to approve a South Florida Water Management District LocalGovernmental Agreement No. OT050868 for partial funding of the 16-inch Reclaimed Water System Interconnect, Davis Boulevard to Radio Road. D. PUBLIC SERVICES 1. Recommendation to approve the purchase of two residential lots from Kenneth and Eileen Clawson for expansion of the County's Bayview Park at a cost not to exceed $22,070. Project 80060. 2. Recommendation to approve the purchase of two residential lots from Bernadette M. Lemelin for expansion of the County's Bayview Park at a cost not to exceed $16,365, Project 80060. 3. Recommendation to approve the purchase of two residential lots from Andrew and Anne Lena for expansion of the County's Bayview Park at a cost not to exceed $22,070, Project 80060. Page 11 December 14,2004 4. Recommendation to approve an Agreement to Transfer Assets and Release Sanctuary Skate Parks-Collier, Inc. from an existing Skate Park Concession Agreement. 5. Recommendation to enter into agreement to provide existing funding of $50,000 for operational expenses associated with the Collier County Medical Society development of the American Project Access Network of Collier County a coordinated, integrated system of accessing health care for uninsured citizens of Collier County. 6. Recommendation to approve a budget amendment in the.amount of $300,183 to ensure continuous funding of the Older Americans Act gran t. 7. Recommendation to approve a Lease Agreement with Southwest Heritage, Inc. for use of the Naples Railroad Depot as a branch facility of the Collier County Museum at an annual rent of $1, staffing and operations cost of $200,800, building improvements and repairs of $250,000, and exhibit development costs of $85,000. 8. Recommendation to approve agreement between Collier County Veterinary Society, Inc., and Collier County for neuter, spay and general physical examination services. E. ADMINISTRATIVE SERVICES 1. Recommendation to authorize the additional expenditure of a sum not to exceed $7,500.00, for additional overtime payments as a result of the Fair Labor Standards Act Audit. 2. That the Board of County Commissioners approve award of Bid #05- 3758, "Parts for Fleet," in two categories as follows: Heavy Trucks, Heavy Equipment and School Buses - award to Naples Truck Parts as primary vendor and to Bonita Auto Supply, Inc.-NAP A and NAP A Auto Parts as secondary vendors; Automobiles and Small Trucks - award to Bumper to Bumper Parts Depot, Inc. #540 as primary vendor and to Bonita Auto Supply, Inc.-NAPA and NAPA Auto Parts as secondary vendors. Page 12 December 14, 2004 3. Recommendation to approve a budget amendment in the amount of $32,000 to prepare and secure an alternative site for the storage and sale of surplus vehicles at future surplus property auctions. 4. Recommendation to retain from active sales various properties obtained from Avatar Properties, Inc., and which are part of the GAC Land Trust. 5. Recommendation to approve Amendments to two existing Lease Agreements with Alan and Patricia Boole for the continued use of garage space by the Sheriffs Office, at a total cost of $85,800. 6. Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. 7. Confirm and consent to the re-assignment ofRFP No. 00-3113 "Department of Utility Billing Services Integrated Software System" from IMS of Tech, Inc. to N. Harris Computer Corporation. 8. That the Board of County Commissioners award Bid No. 05-3746 for Temporary Clerical Services to Manpower Temporary Services, Inc. as primary vendor, and Kelly Services, Inc., as secondary vendor. 9. Recommendation to approve an increase to the cost of work in the amount of $45,000 to Contract No. 04-3694, for the remodeling of the Collier County Clerk's MIS Department located on the 5th floor of the County Administration Building. F. COUNTY MANAGER 1. Recommendation to Approve the Award of Bid #05-3744, Hideaway Beach Jetty and T -Groin Construction, to Marine Contracting Group, Inc., in the Amount of$2,140,880 and authorize a $180,000 time and materials engineering services work order with Humiston & Moore Engineers for construction observations and monitoring, Hideaway Beach Renourishment, Project 90502. 2. Recommendation to Approve Work Order Amendment #1 to TE-FT- 03-02 with Taylor Engineering for-additional design/permitting efforts Page 13 December 14, 2004 for Marco South Beach Renourishment, project 90500, in the amount of $36,610. 3. Recommendation to approve an engineering services work order with Coastal Planning & Engineering, Inc., under contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, for designing and permitting an artificial reef and for completing requirements established by the U.S. Minerals Management Service for a borrow area lease, in an amount not to exceed $153,160. 4. Recommendation to Approve the Award of Bid # 05-3753, Maintenance Dredging of Wiggins Pass, to Snyder Industries, Inc., in the Amount of$380,000, and authorize a $44,149 time and materials engineering services work order with Humiston & Moore Engineers for construction observations and monitoring, Wiggins Pass Dredging 2005, Project 90522. 5. Recommend the Board approve a Memorandum of Understanding with the Southwest Florida Professional Firefighters Local 1826 International Association of Firefighters Inc to include a career progression matrix to the current collective bargaining agreement. 6. Approve sole source purchase of" Audicor" for placement on Collier County Emergency Medical Services Department units in the amount of $225,000. 7. Award Bid #04-3715 for Self-Contained Breathing Apparatus to Porche Fire Equipment, Inc. in the Amount of$90,000. 8. Recommendation that the Board of County Commissioners award Bid #05-3749 in the amount of $67,840.00 for Clam Bay Interior Channel Construction Phase III, to Floraquatics, Inc. 9. Recommendation to approve a Lease Agreement with the City of Naples for shared use of Fire Station 2 at a first year's total cost of $146,600. Page 14 December 14, 2004 10. Approve a Florida Emergency Medical Service County Grant Application, Grant Distribution F Offfi, and Resolution for training and medical/rescue equipment in the amount of$112,672.82 11. Approve the sole source purchase of one SimBaby for training purposes of Collier County Paramedics and EMT's to maximize and enhance the current delivery of care to infant patients. This is a previous awarded grant from the State of Florida. 12. Recommendation that the Board of County Commissioners Approve and Ratify the Collective Bargaining Agreement with the Firefighters of the Everglades International Association of Firefighters, Local 3670. The Agreement is available for public viewing at the Collier County Manager's Office or Bureau of Emergency Services Office, 3301 East Tamiami Trail, W. Harmon Turner Bldg, Naples, FL. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Coletta requests Board approval for reimbursement for attending the Hospice of Naples Open House Reception serving on December 16, 2004; $20.00 to be paid from Commissioner Coletta's travel budget. 2. Commissioner Coletta requests Board approval for payment of an overnight stay between Southwest Florida Regional Legislative Delegation Reception on December 9th and the Issues '05 Southwest Regional Delegtion Forum on December 10th; $79.00 to be paid from Commissioner Coletta's travel budget. 3. Commissioner Coletta requests Board approval for reimbursement for attending the Naples Hispanic Chamber of Commerce's First Annual Christmas Party; $30.00 to be paid from Commissioner Coletta's travel budget. 4. Commissioner Coletta requests Board approval for reimbursement for his attending the Kiwanis Club Luncheon featuring Dr. Gene Page 15 December 14, 2004 Landrum as its speaker on December 8, 2004; $10 to be paid from Commissioner Coletta's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous Items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Recommendation that the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report is on display in the County Manager's Office, 3301 East Tamiami Trail, W. Harmon Turner Building, 2nd Floor, Naples, Florida. 2. In compliance with the purchasing policy, report to the Board of County Commissioners the total dollar amount of interest payments that were made during the preceding fiscal year for violations of the Florida Prompt Payment Act. K. COUNTY ATTORNEY 1. Recommendation to authorize the making of an Offer of Judgment to Respondent, Mary Lou Adsit, for Parcel No. 181 in the amount of $163,900 in the lawsuit styled Collier County v. Mary Lou Adsit, et aI., Vanderbilt Beach Road Project 63051. 2. Recommendation for the Board of County Commissioners to Approve an Agreed Order and Authorize Payment of Engineering Fees for Parcels 117, 133, 717A, 717B and 733 in the Lawsuit Styled Collier County v. Calusa Bay Master Association, Inc., et. aI., Case No. 02- 2040-CA (Goodlette-Frank Road Project #60134). 3. Recommendation to approve the Mediated Settlement Agreement as to Parcel 116 in the lawsuit styled Collier County v. Northside Construction Company, et aI., Case No. 00-0136-CA, Pine Ridge Road Project 60111. Page 16 December 14, 2004 4. Recommendation to authorize the making of an Offer of Judgment to Respondents, Jack V. Harrison and Juanita Harrison, for Parcel No. 122 in the amount of $12,500 in the lawsuit styled Collier County v. Vil1age Walk Homeowner's Assoc. of Naples, Inc., et aI., Case No. 04-345-CA (Vanderbilt Beach Road Project 63051). 5. Recommendation to approve a Stipulated Final Judgment as to Parcel 102 in the lawsuit styled Collier County v. Pelican Marsh Community Development District, et aI., Case No. 04-1532-CA (Vanderbilt Beach Road Project 63051). 6. Recommendation to authorize the making of an Offer of Judgment to Respondent, Walnut Farms, Inc., for Parcel No. 166A in the amount of $36, 150.00 in the lawsuit styled Collier County v. Juan Ramirez, et aI., Case No. 02-5166-CA (Immokalee Road Project 60018). 7. Recommendation to authorize the making of an Offer of Judgment to Respondent, Walnut Farms, Inc., for Parcel No. 166B in the amount of$207,100.00 in the lawsuit styled Collier County v. Juan Ramirez, et aI., Case No. 02-5166-CA (Immokalee Road Project 60018). 8. Recommendation for consideration and Approval of Agreement and Budget for Partial Funding of Legal Aid services to assist qualified indigent residents of Collier County with civil legal problems. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDA TION 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. Page 17 December 14, 2004 A. This item reauires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. Recommendation to approve Petition A VROW2001-ARI388 to renounce and disclaim all rights and interests of the public to access (ingress/egress) and travel upon the following road rights-of-way located within Boyne South subdivision. Those road rights-of-way depicted and described in the plat of "Royal Palm Golf Estates Unit One", as recorded in Plat Book 12, Pages 13 through 18, Public Records of Collier County, Florida; providing for the continuing and unaffected rights of easement holders, emergency medical and fire services, Collier County water management vehicles and personnel, Collier County transportation vehicles and personnel and Collier County water-sewer district vehicles and personnel; providing an effective date. Located in Section 20, Township 51 South, Range 27 East. B. This item reauires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. Petition V A-2004-AR- 6140, Pine Ridge Center and Pine Ridge Center West PUDs, represented by D. Wayne Arnold, AICP ofQ. Grady Minor & Associates, P.A., requesting two 15-foot variances, one from the required I5-foot setback for the western boundary of the Pine Ridge Center Planned Unit Development (PUD), and a 15-foot variance from the required 15-foot setback for the eastern boundary of the Pine Ridge Center West PUD, to permit a O-foot setback from the common boundary between the two PUDs. It is the applicant's intent, if these variances are granted, to construct a single office building across the common property line. C. SE-2004-AR-5861, An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, by specifically amending Ordinance 03-51, pertaining to the Wentworth Estates PUD, to correct a Scrivener's Error due to inclusion of an incorrect Zoning Atlas Map Number for Wentworth Estates PUD; and by providing for an effective date. D. This item reauires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Pinnacle Towers, LLC, represented by Deborah L. Martohue, Esquire, of Hayes & Martohue, P.A., requesting Conditional Use 13 of the (A) Agricultural zoning district for a 518-foot replacement guyed tower and associated facilities, prior existing 524-foot guyed tower destroyed July 12, 2004. The property, consisting of 14.55 acres, is located at 305 Tower Road, northwest intersection of U.S. 41 Page 18 December 14, 2004 and S.R. 951, in Section 3, Township 51 South, Range 26 East, Collier County, Florida E. This item'reauires that all participants be sworn in and ex parte disclosure be provided bv Commission members. DRI-04-AR-6469, Lucky Strike MK, Inc., represented by R. Bruce Anderson, of Roetzel & Andress, LP A, requesting an amendment to the Green Heron Development of Regional Impact (DRI) Development Order by extending the termination date from February 7, 1999 to January 1, 2009 for property located on the north side of Radio Road (C.R. 856) and approximately one-half mile east of Santa Barbara Boulevard in Section 33, Township 49 South, Range 26 East, Collier County, Florida. F. Recommendation To Consider Adoption Of An Ordinance Of Collier County Florida, Amending Collier County Ordinance No. 91-65, To Add A Position Of Alternate Member On The Affordable Housing Commission. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 19 December 14, 2004 December 14, 2004 CHAIRMAN FIALA: Would you all take your seats, please. MR. MUDD: You have a hot mike, ma'am. CHAIRMAN FIALA: Thank you very much. May I call the meeting -- the Board of County Commissioners meeting to order today, December 14th, 9 a.m. And would you all please rise. Thank you. Our Reverend Dr. Kathleen Kircher from St. Monica's Episcopal Church will lead us in the prayer. REVEREND KIRCHER: During this season of the year where both in Judaism and Christianity we ponder great mysteries of God as the source of light and love and life, we pause now and we pray. Give us, oh, God, hearts large enough to match the breath of our own spirits and give us spirits strong enough to seek vision and wisdom. As leaders let us seek more than development for ourselves though development we hope for; more than security for our homeland, though security we need; more than satisfaction for our wants, though many things we desire. Give us openness to work with other leaders to bring peace and justice to the whole world. Give us wisdom to lead this county to virtue without seeking to impose our kind of virtue on the virtue of others. Give us governance that provides for the advancement of this county and nation without taking resources from others to achieve it. Give us insight to be leaders who can discern strength from power, growth from greed, leadership from dominance, and real greatness from the trappings of grandiosity. We trust you, great God, to open our hearts to learn from those to whom you speak in different tongues and to respect the life and words of those to whom you entrusted the good of other parts of this globe. We beg you, great God, give us the vision as a people to know where global leadership truly lies, to pursue it diligently, to require it to protect human rights for everyone everywhere. We ask these things, great God, with minds open to your word and hearts that trust Page 2 December 14,2004 in your eternal care, amen. CHAIRMAN FIALA: Commissioner Coyle, will you lead us in the Pledge of Allegiance, please. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FIALA: Before we move on to our agenda, I'd like to just say, Happy Birthday, Sue Filson. Today is our office manager, Sue Filson's, birthday, and I want to tell you, she works like a trojan for us, and we're just really proud to have you as our own, Sue. Thank you. (Applause.) Item #2A REGULAR, CONSENT AND SUMMARY AGENDA - APPROVED CHAIRMAN FIALA: And now we move on for David Weigel. MR. WEIGEL: Yes. CHAIRMAN FIALA: Do any have any additions or corrections to our agenda? MR. WEIGEL: No changes to the agenda revision list. I will have some discussion on some items as they come up. CHAIRMAN FIALA: Okay, fine. Thank you. And Mr. Mudd, how about you? MR. MUDD: Yes, ma'am. Agenda -- and this is a little bit of a long list. Agenda changes, Board of County Commissioners meeting, December 14th, 2004. Item 8C, the draft ordinance did not contain the "Conflict and Severability" provision. A replacement ordinance has been provided to all the commissioners. Adoption of -- and this is an adoption of an ordinance amending Page 3 December 14,2004 Chapter 74, the Collier County Code of Law and Ordinances, as amended by Ordinance Number 2001-13, the Collier County consolidated impact fee ordinance, providing for annual mid-year indexing adjustments to water and sewer impact fee rates, and that's at staff s request. There's an add item, it's add item 8D. This is a companion item to item lOB, which will be heard following 8A and lOB at 10 a.m. It's a recommendation to adopt an ordinance authorizing the issuance of limited general obligation bonds, Conservation Collier Program, from time to time payable from the levy of an ad valorem tax levied upon all taxable real property in the county in an amount not to exceed one-quarter of one mill for the principal purpose of acquiring certain environmentally sensitive lands within the county; providing for various rights and remedies of the bonds holders; providing that the bonds authorized hereunder will be limited general obligations of the county, and providing an effective date, and that's at staff s request. The next item is move item 16A2 to item lOG, and that's a recommendation to adopt a resolution amending the Collier County Administrative Code Fee Schedule for development-related review and processing fees as provided for in code of laws section 2-11. Changes -- in brackets, this is basically changes to the PUD monitoring fees, and that move was at Commissioner Henning's request. The next item is to move item 16A3 to 10H, and that's a recommendation to approve the application for the Property Tax Stimulus Program, Advanced Broadband Infrastructure Investment Program, and the Job Creation Investment Program by Advocate Aircraft Taxation Company, and that was at Commissioner Henning's request. CHAIRMAN FIALA: And mine. MR. MUDD: And Commissioner Fiala's request. Page 4 December 14,2004 The next item is to move item 16A4 to 10I, and that's an approval of the application for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program, and the Fee Payment Assistance Program by Guadalupe Center, Incorporated, and provide for the waiver to pay the up-front 50 percent of the estimated transportation impact fees at the final site development plan -- the final site development plan approval, but instead pay all impact fees in full at issuance of the building permit through the Fee Payment Assistance Deferral Agreement. And that move was at Commissioner Henning's request, and Commissioner Fiala did have some concerns about that particular item when I talked to her. The next item is to move item 16A9 to 10J, and that's a request that the board approve the reinstatement of the PUD amendment process by the department of zoning and land development review in order to allow for a PUD amendment to be processed in the form of a substantial modification to the PUD rather than through a total PUD to PUD rezoning process, and that move was requested by Commissioner Coletta. COMMISSIONER COLETTA: Mr. Mudd, if I may, my questions on that particular item were fully answered. I have no reason to pull it any longer. MR. MUDD: Okay. CHAIRMAN FIALA: Uh-huh, great. MR. MUDD: All right. Then that item will stay on the consent agenda. The next item is to withdraw item 16B13, and that's a recommendation to award bid 05-3750, Rattlesnake Hammock Road, County Road 864, U.S. 41, Tamiami Trail East to Polly Avenue, Roadway Grounds Maintenance to Ground Zero Landscaping Service in the amount of$30,781.90, and that's staffrequest due to a protest. The next item is to move item 16D7 to item 10K, and that's a Page 5 December 14,2004 recommendation to approve a lease agreement with Southwest Heritage, Inc., for the use of the Naples Railroad Depot as a branch facility of the Collier County Museum at an annual rent of one dollar, staffing and operations costs of $200,800, building improvements and repairs of $250,000, and exhibit development costs of $85,000, and that move was at Commissioner Coletta's request. COMMISSIONER HALAS: I also had some concerns on that, too. MR. MUDD: Yes, sir. The item -- the next item is to move item 16E4 to 10L, and that's a recommendation to retain for active sales various properties obtained from Avatar Properties, Inc., and which are part of the GAC Land Trust, and that move was at Commissioner Coyle's request. CHAIRMAN FIALA: And I was going to pull that as well, so thank you very much. MR. MUDD: And Commissioner Fiala's request. The next item is to withdraw item 16B2, and that's a recommendation for board approval to reject all bids received under bid number 04-3595R, and it's Clearing, Grubbing, and Tree Trimming Removal Services, and that's at staffs request. The next item is withdraw item 16H2, and that is Commissioner Coletta's request for the board to approve for payment of an overnight stay between Southwest Florida Regional Delegation Reception on November 9th, and the issues '05 Southwest Regional Delegations Forum on December 10th. It was $79 to be paid from Commissioner Coletta's travel budget. Commissioner Coletta asked for it to be withdrawn, and it wasn't used. So the next item is a note. Items lOA and lOB, there are -- there are minor revisions to the proposed bond resolutions. Copies of these changes have been made available, and that's just a staff note, and that was a continuing issue with bound -- bond counsel as we've been developing those particular issues. Page 6 December 14, 2004 The next note is item 16A8. The correct spelling for this the project is Britney Estates. The executive summary incorrectly spelled this project as Brittany, B-R-I-T-T-A-N-Y, Estates. So the correct spelling is B-R-I-T-N-E-Y. The summary on the forms had it spelled correctly, but if you look at the executive summary, the spelling is incorrect. The next note is item 16A10, and that's a recommendation to release and authorize county manager to execute a satisfaction for an Impact Fee Deferral Agreement with Brittany Bay Apartments, phase II, upon receipt of a legally sufficient irrevocable letter of credit in the amount of$1,210,626.56 on behalf ofCED Capital Holdings 2001B, LLC. The satisfaction agreement has already been created, and this item should now authorize the chairman to execute it rather than the county manager, and that's at staffs request. COMMISSIONER COYLE: And is 16A10 going to also include the spelling correction for the name? MR. MUDD: No, sir. This spelling is correct on this particular item. 10 is -- that's why the staff got all confused with their executive summary. 16A8 has to do with the B-R-I-T-N-E-Y, and 16A10 has to do with the B-R-I-T-T-A-N-Y Bay Apartments, okay? That's all I have, Madam Chair. CHAIRMAN FIALA: Thank you very much. Commissioners? Let me start 'with Commissioner Halas. Do you have any additions or changes to the agenda or ex parte disclosure for the summary agenda? COMMISSIONER HALAS: Chairman, no, I don't have any additions or corrections to the summary agenda. I have one -- excuse me -- or to the agenda itself. But I do have one disclosure on the summary agenda, and that's under 17D. I've met with different petitioners throughout the course of this project and also talked with staffmembers.m Page 7 December 14,2004 CHAIRMAN FIALA: Okay. Commissioner Coletta? COMMISSIONER COLETTA: I have no additional changes to the consent agenda; however, on the summary agenda, I'd like to declare that 17 A, that I've had meetings, correspondence, emails, and phone calls. 17B, I've had correspondence. 17D, I've had emails. And I have no disclosures for E. Thank you. CHAIRMAN FIALA: Thank you very much. Commissioner Henning? COMMISSIONER HENNING: The -- I have received some correspondence on 17D, Pinnacle Towers. 17E, that is Lucky Strike, I have some -- I met with the petitioner and a resident of Sapphire Lakes, and we heard this item under the Regional Planning Council. CHAIRMAN FIALA: Thank you. And Commissioner Coyle? COMMISSIONER COYLE: I have no further changes to the agenda. With respect to the summary agenda, items A and D, I have had meetings and I have received correspondence with respect to both of these petitions, and the information is in my public file for examination if desired. CHAIRMAN FIALA: Thank you very much. And for myself, I had one other one I wanted to pull, and that was 16D4 for discussion. And items 1 7 A on the summary agenda and 1 7D on the summary agenda I've had meetings, correspondence, emails, and so forth. I have them in my file for viewing for anybody who is interested. MR. MUDD: Ma'am, that item 16D4 will now become 10M. COMMISSIONER HENNING: Move to approve today's agenda as amended, the regular, consent, and summary agenda. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: All those in favor, signify by saying aye. Page 8 COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) Page 9 December 14, 2004 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING December 14. 2004 Item 8C: The draft ordinance did not contain the "Conflict and Severability" provision. A replacement ordinance has been provided. Adoption of an Ordinance amending Chapter 74 of the Collier County Code of Law and Ordinances, as amended by Ordinance No. 2001-13, The Collier County Consolidated Impact Fee Ordinance, providing for annual mid-cycle year indexing adjustments to water and sewer impact fee rates. (Staff request.) Add on Item #80: This is a companion item to Item 10B. which will be heard followina 10A and 10B. and will be heard at 10:00 a.m. Recommendation to adopt an ordinance authorizing the issuance of limited general obligation bonds (Conservation Collier Program) from time to time payable from the levy of an ad valorem tax levied upon all taxable real property in the County in an amount not to exceed one-quarter of one mill for the principal purpose of acquiring certain environmentally sensitive lands within the County; providing for various rights and remedies of the bondholders; providing that the bonds authorized hereunder will be limited general obligations of the county; and providing an effective date. (Staff request.) Move item 16A2 to 10G: Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11. (Changes to the PUD monitoring fees.) (Commissioner Henning request.) Move Item 16A3 to 10H: Recommendation to approve the application for the Property Tax Stimulus Program, Advanced Broadband Infrastructure Investment Program and the Job Creation Investment Program by Advocate Aircraft Taxation Company. (Commissioner Henning request.) Move Item 16A4 to 101: Approval of the application for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program by Guadalupe Center, Incorporated, and provide for the waiver to pay the upfront fifty-percent of the estimated Transportation impact fees at Final Site Development Plan approval, but instead pay all impact fees, in full, at issuance of the Building Permit through the Fee Payment Assistance Deferral Agreement. (Commissioner Henning request.) Move Item 16A9 to 10J: Request that the Board approve the reinstatement of the PUD amendment process by the Department of Zoning and Land Development Review in order to allow for a PUD amendment to be processed in the form of a substantial modification to the PUD rather than through a total PUD to PUD rezoning process. (Commissioner Coletta request.) Withdraw Item 16B13 - Recommendation to award bid #05-3750 "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" to Ground Zero Landscaping Services in the amount of $30,781.90. (Staff request due to protest.) Move Item 1607 to 10K: Recommendation to approve a lease agreement with Southwest Heritage, Inc., for use of the Naples Railroad Depot as a branch facility of the Collier County Museum at an annual rent of $1, staffing and operations cost of $200,800, building improvements and repairs of $250,000, and exhibit development costs of $85,000. (Commissioner Coletta request.) Move Item 16E4 to 10L: Recommendation to retain from active sales various properties obtained from Avatar Properties, Inc., and which are part of the GAC Land Trust. (Commissioner Coyle request.) Withdraw Item 16B2: Recommendation for Board approval to reject all bids received under Bid #04.3595R "Clearing, Grubbing and Tree Trimming Removal Services." (Staff request.) Withdraw Item 16H2: Commissioner Coletta requests Board approval for payment of an overnight stay between Southwest Florida Regional Legislative Delegation Reception on December 9th and the Issues '05 Southwest Regional Delegation Forum on December 10th; $79.00 to be paid from Commissioner Coletta's travel budget. (Commissioner Coletta request.) NOTE: Items 10 A and 10B: There were minor revisions to the Proposed Bond Resolutions. Copies of these changes have been made available. (Staff request.) NOTE: Item 16A8: - The correct spelling for this project is "Britney Estates". The Executive Summary incorrectly spelled this project as "Brittany Estates". NOTE: Item 16A10: A recommendation to release and authorize the County Manager to execute a Satisfaction for an Impact Fee Deferral Agreement for Brittany Bay Apartments, Phase II upon receipt of a legally sufficient irrevocable letter of credit in the amount of $1,210,626.56 on behalf of CEO Capital Holdings 2001 B, LLC. The Satisfaction Aareement has already been created and this item should now authorize the Chairman to execute it rather than the County Manaaer. (Staff reauest.) December 14, 2004 Item #2B, #2C, #2D MINUTES OF THE NOVEMBER 10, 2004 BCC/LAND DEVELOPMENT CODE MEETING, THE NOVEMBER 15,2004 SPECIAL VALUE ADJUSTMENT BOARD MEETING, NOVEMBER 16, 2004 REGULAR MEETING - APPROVED AS ERESENIED COMMISSIONER HENNING: Being that I wasn't here for a couple of the meetings, I'm reluctant to make a motion to approve those minutes. CHAIRMAN FIALA: Okay. May I have a -- COMMISSIONER HALAS: I make a motion that we approve November 10th, 2004, BCC/land development code meeting and November 15th, 2004, special value adjustment board meeting and November 16th, 2004, BCC regular meeting, move for approval. COMMISSIONER COLETTA: And I'll second that. CHAIRMAN FIALA: Okay. All those in favor, signify by saYIng aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you very much. And now we move on to item 3A, advisory committee service awards. Item #3A Page 10 December 14, 2004 SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) - ERESENIED MR. MUDD: Service awards. COMMISSIONER HENNING: Are we going downstairs? MR. MUDD: Yes, sir, yes, ma'am. CHAIRMAN FIALA: Did you want to call them up, Jim, for us? MR. MUDD: Yes, ma'am, I will. CHAIRMAN FIALA: Thank you. MR. MUDD: Madam Chair, we'll start with the five-year awards. CHAIRMAN FIALA: Okay. MR. MUDD: Okay. And I think the pins are laid out that way. This is program that the board -- this is the second award session that we've had. This is a program that the Board of County Commissioners started that was well past due, and I think it was at Commissioner Henning's-- CHAIRMAN FIALA: It was. MR. MUDD: -- idea on this one, and I believe it's been very successful. And sometimes these folks on all these committees -- and we have some 50 that the board has that provides them advice and guidance, and sometimes those folks don't get the recognition they need, and they're kind of the silent excellent ones that are behind the scenes, and this gives us an opportunity to publicly recognize them. The first award -- and we're going to start with the five-year awards -- is for Kenneth Abernathy, and he works on the Collier County Planning Commission. Mr. Abernathy? (Applause.) CHAIRMAN FIALA: Thanks for all you do, Ken. COMMISSIONER HALAS: Great person on the planning commISSIon. COMMISSIONER COLETTA: Thank you. Page 11 December 14,2004 MR. MUDD: Now if we can get Mr. Abernathy to take a picture with the commissioners, that would be great. MR. ABERNATHY: I'm shorter than everybody, so that won't be a problem. MR. MUDD: Thank you. (Applause.) MR. MUDD: The next five-year awardee is Alice Carlson, and she works on the Educational Facilities Authority and on the Industrial Development Authority. Ms. Carlson? (No response.) MR. MUDD: We'll go to the next. Mr. Floyd Crews. And Mr. Floyd Crews has worked on the Immokalee Enterprise Zone Development Agency and the Immokalee Area Master Plan Ad Hoc Committee. Floyd, you out there? (No response.) MR. MUDD: Nope, don't see him. Okay. The next awardee is William Erickson, and he works on the Lely Golf Estates Beautification Advisory Committee. (No response.) MR. MUDD: Okay. Next awardee is Marco Espinar, and he works on the Development Services Advisory Committee and on the Land Acquisition Advisory Committee. (No response.) MR. MUDD: Okay. Next awardee is Blair Foley, and Mr. Foley works on the Development Services Advisory Committee, has been doing so for the last five years. (Applause.) COMMISSIONER HALAS: Congratulations, Blair. COMMISSIONER COLETTA: Thanks for being here today. CHAIRMAN FIALA: Would you take a picture with us, please? MR. MUDD: Thank you. Page 12 December 14,2004 (Applause.) MR. MUDD: The next awardee is Maurice Gutierrez, and Maurice works on the Bayshore Beautification MSTU Advisory Committee and on the Immokalee Area Master Plan Ad Hoc Committee. Mr. Gutierrez? (No response.) MR. MUDD: The next awardee is Raymond Holland, and he works on the Immokalee Enterprise Zone Development Agency and the Immokalee Area Master Plan Ad Hoc Committee. (No response.) CHAIRMAN FIALA: He's probably in the same car with Floyd Crews. MR. MUDD: I think so. The next -- the next awardee is Jack Humphrey, and Mr. Humphrey works on the Educational Facilities Authority and the Industrial Development Authority. (Applause.) COMMISSIONER HALAS: Congratulations. Thank you for your service. Appreciate it. COMMISSIONER HENNING: Thanks for all you do. CHAIRMAN FIALA: Stand up here with us, would you? MR. HUMPHREY: Really? CHAIRMAN FIALA: Yeah. MR. MUDD: Thank you. (Applause.) MR. MUDD: The next awardee is Robert Jones, and Mr. Jones has worked on the Forest Lakes Roadway Drainage Advisory Committee for five years. (Applause.) COMMISSIONER HALAS: Good morning. CHAIRMAN FIALA: Thank you for what you do. Page 13 December 14, 2004 COMMISSIONER HALAS: Thank you. Good morning. It's a pleasure. COMMISSIONER COLETTA: Thank you, Mr. Jones, appreciate it. COMMISSIONER COYLE: Thank you, Mr. Jones. COMMISSIONER HENNING: Thank you. MR. MUDD: Could we get a photo, sir? CHAIRMAN FIALA: Wherever you'd like. MR. MUDD: Thank you. MR. JONES: Thank you. (Applause.) MR. MUDD: The next recipient is Brian Jones, and he's worked on the Development Services Advisory Committee for five years. Mr. Brian Jones? (No response.) MR. MUDD: The next awardee is Mr. Morris Louis, and he has worked on the Isles of Capri Fire Control District Advisory Committee for five years. Mr. Louis? (No response.) MR. MUDD: Next awardee is Thomas Masters, and he has worked on the Development Services Advisory Committee for five years. (Applause.) MR. MASTERS: Thank you. (Applause.) MR. MUDD: The next awardee is Barbara -- Ms. Barbara Minch Rosenberg, and she has worked on the Educational Facilities Authority and the Industrial Development Authority for five years. (Applause.) CHAIRMAN FIALA: Boy, you're always busy, aren't you, girl? COMMISSIONER HALAS: Thank you for your dedicated Page 14 December 14,2004 servIce. COMMISSIONER COLETTA: Thank you. COMMISSIONER HENNING: Thank you. CHAIRMAN FIALA: Barb, stay up here for a picture. Get in amongst the men. There you go. (Applause.) MR. MUDD: The next awardee is Ms. Jerilyn Neuhaus, and she has worked on the Isles of Capri Fire Control District Advisory Committee for five years. Mrs. Neuhaus? (No response.) MR. MUDD: The next awardee is John Pennell, and he has worked on the Ochopee Fire Control District Advisory Committee for five years. Mr. Pennell? (No response.) MR. MUDD: The next awardee is Ms. Mary Rand, and she has worked on the Parks and Recreation Advisory Board for five years. (Applause.) MS. RAND: Thank you. CHAIRMAN FIALA: Thank you. COMMISSIONER HALAS: Thank you for your dedicated work. COMMISSIONER COLETTA: Thank you so much for your servIce. COMMISSIONER COYLE: Thank you. COMMISSIONER HENNING: Thank you. (Applause.) MR. MUDD: The next five-year awardee, and the last five-year awardee, is Ms. Susan Saum, and she has worked on the Radio Road Beautification Advisory Committee for five years. (Applause.) Page 15 December 14,2004 CHAIRMAN FIALA: Thank you, Susan. (Applause.) MR. MUDD: Now we start our 10-year awardees. First 10-year awardee is Mr. Dallas Disney, and he has worked on the Development Services Advisory Committee for 10 years. (Applause.) COMMISSIONER HALAS: Thank you for your service. COMMISSIONER COLETTA: Thank you for your 10 years of servIce. COMMISSIONER HENNING: Hopefully your next 10 years you'll speak up a little bit more. (Applause.) MR. MUDD: The next 10-year awardee is Mr. Robert Duane, and he has worked on the Development Services Advisory Committee for 10 years. (Applause. ) CHAIRMAN FIALA: Robert, here's a little pin from us. COMMISSIONER HALAS: Thank you very much. COMMISSIONER COLETTA: Thank you. COMMISSIONER HENNING: Good to see you. (Applause.) MR. MUDD: The next 10-year awardee is Mr. Steven Greenberg, and he has worked on the Golden Gate Estates Land Trust Committee. Mr. Greenberg? (No response.) MR. MUDD: The next 10-year awardee is Mrs. Sabina Musci, and she has worked on the Library Advisory Board for 10 years. Ms. Musci? (No response.) MR. MUDD: Okay. That brings us to the IS-year awardees, and we have one, and this is Mrs. Dorcas Howard, and she has worked on Page 16 - ...~..._,._-"._. " .". '-'--_..", December 14,2004 the Immokalee Beautification MSTU Advisory Committee for 15 years. Ms. Howard? (No response.) CHAIRMAN FIALA: She's in the car with Floyd and Ray Holland. MR. MUDD: Madam Chair, that's all you have for awardees today. Thank you. (Applause.) CHAIRMAN FIALA: Well, thank you very much. Item #4A PROCLAMATION TO ACKNOWLEDGE THAT DECEMBER 7, 2004 WAS CELEBRATED AS GOLDEN GATE HIGH SCHOOL And now we have Commissioner Henning who will be reading a proclamation today for Golden Gate High School Junior civilian __ COMMISSIONER HENNING: Civitan. CHAIRMAN FIALA: Let me put my glasses on. Oh, yeah, Civitan Club Day. Thank you. COMMISSIONER HENNING: And I'm going to ask Ms. Connie Pinckney from -- facility advisor, and also we have the principal, Dr. Spano, and a bunch of civitans from the Golden Gate High School. Please come up in front of the dais. MS. PINCKNEY: Hi. CHAIRMAN FIALA: Hello. COMMISSIONER HENNING: Whereas, Neapolitan Civitan Club is sponsored (sic) the Golden Gate High School Junior Civitan Club, a part of the international organization dedicated to help our youth units to make a difference in our social (sic); and, Page 1 7 December 14,2004 Whereas, Junior Civitan teaches the youth to build a better-- good citizenship, being centered on helping the community while supporting their members to live a -- fuller, unselfish lives; and, Whereas, the Junior Civitan is progressive in the world of change, and their members have pledged to be aware citizens, seeking to meet the needs of the world in order to ensure a better future for all people; and, Whereas, the Golden Gate High School Junior Civitan Club has made a commitment to help other citizens of the world that are in need and in desire to make this a better world in which to live in (sic); and, Whereas, the group is dedicated (sic) local youths are founding the Golden Gate High School Junior Civitan Club by directing their energies to help the Collier County community and their fellow citizens; and, Whereas, the Golden Gate High School Civitan Club pledges (sic) future benefits to Collier County community and a positive effect on its citizens. And just to add I'm sure they're going to be very active in the Golden Gate community, their community. Now, therefore, be it proclaimed by the Board of Commissioners of Collier County, December 7th, 2004, was celebrated as Golden Gate High School Junior Civitan Club Day. Done in this order, 14th day of December, signed by the chairman, the Board of Commissioners of Collier County, Florida. Madam Chair, I make a motion to approve this proclamation. CHAIRMAN FIALA: Second that motion. All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. Page 18 December 14,2004 CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Well, thank you so much for all you're doing. (Applause.) COMMISSIONER HENNING: So is this better than being in class? MR. MUDD: Yeah, it should be. And we need to get everybody to smile. I watched them when they were reading the proclamation, and it looked like they were in mourning. I know it is morning, but -- MS. PINCKNEY: It's exam week. MR. MUDD: Ah. We will make sure you get copies from us, too. Thank you. CHAIRMAN FIALA: Thank you. (Applause.) CHAIRMAN FIALA: I love your tie. Let me shake your hand. Excuse me. Item #5A PRESENTATION BY THE LAKE PARK ELEMENTARY SCHOOL 4TH GRADE PANTHER POSSE REGARDING THE N ow we have a presentation by the Lake Park Elementary School 4th Grade Panther Posse regarding the Florida panther poster contest. MS. PIRES: Hi. I'm Ricky Pires, and I'm the founder and director of the Wings of Hope Program at Florida Gulf Coast University. And what the Wings of Hope Program is, is I take my students, and which are sophomores at the university and which in the last three years, which was 3,500 students, and which were sophomores, and I Page 19 December 14,2004 present environmental programs in our community. We've touched base with over about 100,000 students. It's really been dynamic. And I'm also the education chair out at the Florida Panther Refuge with the Friends of the Florida Panther Refuge, and I designed and created the Florida Panther Posse and which we have 4th and 5th grade students that are monitoring radio-collared panthers, with the help of the refuge, and also with Fish and Wildlife Conservation Commission Panther Team, and which, right now as we speak, are out collaring panthers, and it's really been dynamic. The posse has won local and state and national awards, even in Disney. And of course, we did have a huge poster contest and which you will be honored to be able to see these posters. We had 32 schools; 5,000 participants. But today we're going to present our Panther Posse and which I have in 40 schools, in five counties, these Panther Posses and which are learning through science and awareness, and they're really helping this endangered species and its habitat. Today what I brought is I brought the Lake Park Posse, okay, three of our members, and their sheriff, and which is Leanne Elliot, and which is their teacher, okay? And they're going to give you some updates, and -- on their radio-collared panthers that they're monitoring and give you some information. And the first posse member is Jonathan Saunders, and which you look at Saunders, and which is Senator Saunders' son, and which Senator Saunders has really been dynamic in helping our posse also. So I'd like to present Jonathan. JONATHAN SAUNDERS: My name is Jonathan Saunders. One of the Florida panthers I'm monitoring is number 131, a 133-pound five-year-old male panther that lives in the Florida Panther Refuge. He just killed male Florida panther number 59 two weeks ago. Males need at least 200 square miles for their home range. Our posse Page 20 December 14,2004 has been monitoring Florida panther number 59, but he was killed by number 131 over territory. The loss of habitat that results in such competition for land is one reason the Florida panther is an endangered species. Why are we working so hard to save the Florida panther? When we save the Florida panther and it's habitat, we save everything that lived with the Florida panther, other wildlife, plants, trees and clean water for people and kids in the future. We save ourselves. Thank you. (Applause.) CHAIRMAN FIALA: Wow. COMMISSIONER HALAS: He's going to be president someday. JESSICA BUSTAMANTE: My name is Jessica Bustamante. I like monitoring Florida panther number 113, a two-and-a-half-year-old female that was orphaned back in October 2002, along with her brother when her mother was killed by an oncher colored male Florida panther. She was raised at White Oak Conservation Center in North Florida from six months old until she was 16 months old. She was then released back into the Florida Panther Refuge where she came from. We hope she will den and have kittens the first of the year. We are now passing out a photo of three panther kittens by our panther wildlife biologist, Mark Gloat (phonetic) and Dave Shindle from Fish and Wildlife Conservation Commission. As you can see, the kittens have bright blue eyes for about six months. Now you will receive a photo of number 113, as a kitten with her mom. This picture was taken with the posse's infrared camera we bought with out Pennies for Panthers. We give the panther photos to the panther team to help them track the panthers. Our photos of other wildlife -- other wildlife are given to the Florida Panther Refuge to help show the health of the refuge and aid Page 21 December 14, 2004 in panther research. In this last picture, you can see two Florida black bears just playing around. Weare very proud to be part of this scientific research involving the recovery of friends (sic) and helping save the Florida panther and its habitat. Thank you for your time. (Applause.) CHAIRMAN FIALA: I'd just like to stop for a minute and say this little fellow that's delivering these pictures, that's Morgan Arnold, one of our very own employees; Michelle Arnold and Wayne Arnold's son, and so we're glad that -- to see you here, Morgan. MS. PIRES: He's a great posse member. CHAIRMAN FIALA: That's great. MS. PIRES: This is our Sheriff Elliot. MS. ELLIOT: Good morning. I'm Sheriff Elliot, and my students love participating in the Florida Panther Posse. As you can tell, they've become very knowledgeable about the Florida panthers, and the last thing they want to see are these beautiful animals in a museum marked extinct. Students take home panther awareness sheets to educate their families about the Florida panther. In return, they receive panther kitten photos. Everyone learns what they can do to help. The students do panther challenges from the panthers boards and earn panther photos. Not only are they learning about panthers, but they are practicing reading, vocabulary, and science skills. They also learn about other wildlife, habitats, future careers, water conservation and their favorite, the panther kittens. The panther posse program instills an awareness that they can make a difference in their community. My students are proud to be a part of the research that is helping to save the Florida panthers and their habitat. Page 22 December 14,2004 We hope that you, as county commissioners, will help us save habitat for future generations for future Florida Panther Posses. Thank you. CHAIRMAN FIALA: Thank you. (Applause.) MS. PIRES : We also have some extra goodies for you, too, right posse? Come on back. CHAIRMAN FIALA: I'm glad to see the Florida Fish and -- Florida Wildlife Federation here. Nancy, that's who you're with, isn't it? And Nancy protects these panthers as well. MS. PAYTON: We try. CHAIRMAN FIALA: I'm glad you're here to see this. Awe. Did you make that? Look, how cute. The Florida panther. Oh, my goodness. Well, these are just darling. Thank you. COMMISSIONER COYLE: It's going to be hard to drink coffee out of this. CHAIRMAN FIALA: You can do it, I know. MS. PIRES: We would also like for you to sign this. This is a quilt that's going to be presented. This is, all my posse have signed this quilt, and it has a huge panther on it. A six-foot panther is drawn on this quilt. This will be presented to Governor Bush and his staff and his cabinet in -- the first year, and this will be quilted, and this is a message that we care from Collier County and also all our students and our teachers, that we really care about this endangered species and we want to save its habitat, and we are really working hard and we want you to sign this quilt and we'll be giving it to Governor Bush. CHAIRMAN FIALA: Did you want us to come down there to sign it? MS. PIRES: If you wouldn't mind, that would be absolutely wonderful. We really appreciate it. CHAIRMAN FIALA: Being this is for the governor, sign Page 23 December 14,2004 Commissioner or something? MS. PIRES: Oh, yeah, that would be wonderful. Anywhere here. CHAIRMAN FIALA: Oh, this is difficult. It just wants to keep runnIng. MS. PIRES: Thank you so much. CHAIRMAN FIALA: Thank you. MS. PIRES: You have no idea. (Applause.) CHAIRMAN FIALA: Where did Commissioner Halas escape to? COMMISSIONER COYLE: He's down there with them getting a picture. CHAIRMAN FIALA: Thank you. Here's your pen. MS. PIRES: Thank you so much. We really appreciate your time. It was excellent. Thank you. Item #5B RECOMMENDATION TO RECOGNIZE HERIBERTO (EDDIE) HARTNACK, COUNTY VETERAN SERVICES OFFICER, PUBLIC SERVICES DIVISION, AS EMPLOYEE OF THE YEAR EOR 200~COGNIZED CHAIRMAN FIALA: And now I have -- I have the pleasure of recognizing Eddie Hartnack as the Employee of the Year for 2004. (Applause and standing ovation.) CHAIRMAN FIALA: Got your picture, okay. I have something to read here, if you don't mind. I'm sorry to embarrass you like this, Eddie, but here goes. Eddie Hartnack always encourages the veterans he meets to visit the Veteran Services Department to explore any benefits that they may Page 24 December 14,2004 be entitled to for serving our country, from World War II to current day soldiers. This has resulted in an outstanding network of veterans who are currently being served by the Veterans Services Department in Naples, Bonita Springs, Immokalee, Everglades City areas, and areas of other parts of Florida and the country. Ed always goes the extra mile to visit veterans in the hospital, or if a client has tried and cannot get a ride to a VA medical appointment, he takes the veteran himself when possible. If a veteran is in need of a cane, walker, wheelchair, et cetera, Ed searches any and all resources to get one for him or her. Ed is very active in his church, and through it, has helped veterans in dire need receive money for their utility bills, rents, et cetera. He is also active in Habitat for Humanity and with toys for indigent children at Christmas time. He speaks when asked at nursing homes and clubs on benefits available to veterans. Twice a year Ed attends intensive CVSOA. That's County Veterans Services Officers Association training conferences. His file has many certificates of his achievements at these classes. Even though Ed is a retired 20-year Army man, he has been given honorary membership in the Marine Corps League for exemplary service in the interest of the U.S. Marine Corps and the Marine Corps League. Ed also visits widows of his veteran clients when they request it. His personal file is filled with letters of gratitude. But most of all, Ed has been in the newspaper more than any other county employee in recent years for his exemplary service in our community. Almost always in the articles there is a reference to the fact that because Eddie persevered through the system, the VA, the federal government, et cetera, and fought vehemently for his clients, that through this effort, they received benefits when no one else was able to procure them. Ed's diligence to his clients has acquired them over one million dollars in benefits. Ed is truly a Collier County employee passionatev Page 25 December 14,2004 about his work and a superior role model in customer service for all employees. We really appreciate what you're doing, Ed. (Applause and standing ovation.) CHAIRMAN FIALA: Now, you know, just for the record -- I want to give Ed, by the way, a plaque and a little check from us and a letter. But all the guys that are here supporting him, how about if we get them up here for a little photo opportunity as well. COMMISSIONER COLETTA: Oh, come on up. COMMISSIONER HALAS: That's great. CHAIRMAN FIALA: Come on up. COMMISSIONER COLETTA: Come on up. CHAIRMAN FIALA: And Ed, you take this. Thank you. Thank you very much. (Applause.) CHAIRMAN FIALA: Ed, would you like to say a few words? MR. HARTNACK: Next time. CHAIRMAN FIALA: Okay, all right. COMMISSIONER HALAS: Thank you for your service. COMMISSIONER COLETTA: Thank you very much. COMMISSIONER COYLE: Thank you for your good work and your military service. COMMISSIONER HENNING: What an honor. (Applause.) MR. HARTNACK: Thank you. MR. MUDD: Commissioner, I believe the next item 5C, Ms. Prosser has a board meeting, and she's going to be just a little bit late, so -- CHAIRMAN FIALA: Okay. MR. MUDD: -- if we could hold on that one and move to public petition -- CHAIRMAN FIALA: You bet. Page 26 December 14, 2004 Item #6A PUBLIC PETITION REQUEST BY JOSEPH BA WDUNIAK TO DISCUSS THE USE OF THE DEPOT BY THE ANTIQUE AUTOMOBILE CLUB OF AMERICA, AND FAA SAFETY MR. MUDD: -- number A, and this item is continued from the November 16th, 2004, BCC meeting. It's a public petition request by Joseph Bawduniak to discuss use of the depot, the Naples Depot by the Antique Auto -- Automobile Club of America and FAA safety seminars for local pilots. MR. BA WDUNIAK: Good morning. My name is Joe Bawduniak. I live in North Naples, and I appreciate the opportunity to speak to you this morning. My purpose is to inform you of a little or totally unknown benefit to our citizens. By way of background, I happen to be president of the Antique Auto Club of America, our Naples/Marco region. Weare facing next March our 17th annual car show at the depot. This show is known throughout the southeast United States as the depot show. We are a not-for-profit 501 organization formed for beneficial purposes. This year we have raised our donations up to $5,000 to Collier County students, two grants to the bands at two high schools, and very importantly, we've been able to give $2,000 this year to the Lorenzo Walker Institute. We are able to do this because of the tradition of having paid access to the depot. Knowing you have an interest in the depot now, why, is -- hopefully we will be able to continue with our one Saturday in March each year so we can continue the beneficial flow to worthy causes, several of which I just mentioned. Our next show is November -- is March 19th, and I hope to see Page 27 December 14,2004 you all there, and thank you very much for the opportunity of informing you of this benefit from a marvelous site, which you've just taken into your museum function. End of subject. Any questions? Okay. CHAIRMAN FIALA: I'd just like to say that I think it just fits in so perfectly with the depot. At the depot they're always highlighting history, of course, and the history of transportation, and here you are. MR. BA WDUNIAK: And, boy, do we have some old cars. CHAIRMAN FIALA: And so I'm hoping that we can form a marriage that lasts forever. MR. BA WDUNIAK: Thank you very much. End of subj ect. Second item, separate and distinct from the first. I'm still Joe Bawduniak, but I speak to you as an FAA safety counselor related to the Miami Flight Services District Office 19, which is responsible for Collier County. I'd like to update you on an ongoing activity that is, again, a benefit to our citizens. Each year at Naples Airport and at Marco there are a series of safety seminars held. These are supported locally by FAA safety counselors, by local businesses, and most of all, by local pilots. The FAA, in collaboration with all of the above, has scheduled with us eight seminars this year. This is Collier County. Lee County has one. Aircraft fly low and slow around airports. This is known as taking off and landing. Pilots are keenly aware of the residential areas that exist approximate to our airports. For example, three-fourths of the Naples Airport is surrounded by, quote, county, not just city. During the season we meet at the Naples Airport Pilots' Lounge. We have over 100 attendees, and this is a marker of how serious our local aviators are. We cover operations, equipment, maintenance, and most importantly, this is all free. This is at no burden to the local Page 28 December 14, 2004 taxpayers. Local businesses help us. And it's noteworthy that in one recent four-year period, there were three awards given to local safety counselors that were on a district basis. There was one national award given to a local pilot for his work, and this is just a marker of how serious the intention is and the achievements of this little or unknown function. While no machine is perfect and no man/machine relationship is foolproof, we feel we're making a positive impact. And this benefits not only the people who fly the planes, but those of us who live below them. Thank you very much. Any questions? Again, I emphasize, at no cost to local taxpayers. COMMISSIONER HALAS: Joe, but do you also touch on security issues and things of this nature out at the local airport so that pilots are aware of what's going on around the surroundings? MR. BA WDUNIAK: At these seminars, while it has only been a major topic once, it is always brought up as a reminder subject, the security. And it's very interesting, if you don't have a face that's known on the airport and you're walking around __ COMMISSIONER HALAS: You're checked? MR. BA WDUNIAK: -- people hear about it right away, yes. COMMISSIONER HALAS: Thank you. MR. BA WDUNIAK: Thank you very much for the opportunity to mention these two positive elements during your day. COMMISSIONER HALAS: Thank you, Joe. Item #6B REQUEST BY ROBERT FRANCE TO DISCUSS PARCEL EXCHANGE AT 3681 4TH AVENUE NORTHEAST - MOTION TO BE BROUGHT AND PLACED ON A FUTURE BCC AGENDA _ AEffi OVEn Page 29 December 14,2004 CHAIRMAN FIALA: And our next is a public petition request by Robert France to discuss parcel exchange 3681 4th Avenue Northeast. MR. ZAMPONIA: Good morning, Madam Chair, members of the board. My name is Carlos Zamponia from Woodward, Pires and Lombardo, and on behalf of Robert France. I'm presenting a public petition request to discuss a possible parcel exchange or other viable solution for the property out at 3681 4th Avenue Northeast. A brief history of the sounding circumstances, Mr. France was conveyed this parcel on April 16th of 2003. At the time of the conveyance to Mr. France the problematic garage, which I will discuss in a moment, was already in existence and had been built with requisite surveys and proper building permits. In addition to this problematic garage that was there, Mr. France also thought that he had owned all five acres until August of 2003, when he was notified by Collier County code enforcement that this garage, which you see here, was actually on county property. As you can see, this area right in here is, outlined in black, is Mr. France's property. And the area -- well, it doesn't really come up __ COMMISSIONER HENNING: Sir, you're going to have to speak into the mike. MR. ZAMPONIA: I'm sorry. The area -- this area right in here that is outlined in black is Mr. France's property. The area with the red striped lines is the county's property. This is -- this is the garage in question. It actually encroaches onto the county's property by 15 feet. What we are proposing is any viable solution where Mr. France's garage will come into compliance with local land code and setback requirements. Since the garage is actually 15 feet onto the county's property, we would need an additional 30 feet, which would be a total of 45 feet. The garage is also 60 feet long. And to comply there, we would need 105 feet, so the total area would be 105 by 45. I know that the letter that was sent by Mr. France to the Page 30 December 14, 2004 commissioners stated a complete parcel exchange, and the property -_ the property size of the county is 200 by 200. This property was acquired by the county in 1975 and was used as a dual wellfield. If it is possible and we could move -- or the county could move this 200 by 200 anywhere on the -- on Mr. France's property, we are willing to accept that; however, if that's not possible, perhaps -- I know that there's been discussion of -- with the county of, perhaps, a lease, an easement, or even if we could purchase the area that I had recently described -- or previously described, the 105 by 45. If these aren't available, maybe even a property line adjustment to have this garage comply with the area. Any costs for application and approval would be borne by Mr. France. And further, I'd like to say that his -- he does have a Collier County code enforcement violation against him right now. And the deadline for compliance is December 22nd, and fees will begin to accrue on that day. I know that you do not have the power to tell Collier County code enforcement to grant an extension, but hopefully we could come to some kind of agreement there. Just in conclusion, Mr. France didn't know about this encroachment when he got the property. He didn't know that we were on county land. He didn't do this intentionally or maliciously. He came here today to hopefully, you know, find a resolution to this problem. Weare open to any and all suggestions and look forward to working with the board and county staff to resolve this problem. CHAIRMAN FIALA: Mr. Zamponia, usually on a public petition we ask the commissioners if they would like to bring it up for a future agenda item. MR. ZAMPONIA: Okay. CHAIRMAN FIALA: And I have two speakers. Did you want to just wait till we bring it up on a future agenda item? Page 31 December 14,2004 COMMISSIONER COLETTA: That's what I was going to ask, because there's too much -- there's too much detail to this to be able to CHAIRMAN FIALA: Right. COMMISSIONER COLETTA: -- get into it to make a decision today. And what we need to do is be able to see what all the alternatives are. We are here to try to meet the public's reasonable needs while we protect the interest of the county. I'd like to see this come back as an agenda item. CHAIRMAN FIALA: Is that a motion? COMMISSIONER HALAS: So would 1. COMMISSIONER COLETTA: It's a motion to -- CHAIRMAN FIALA: Okay. It's a motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: And Commissioner Halas has a second. COMMISSIONER COLETTA: Well, approve to bring it back as an agenda item. COMMISSIONER HALAS: Yes. CHAIRMAN FIALA: Right, I'm sorry. I didn't say that correctly, but you're right. I'm sorry. It is to bring it back as an agenda item. COMMISSIONER HALAS: Right. CHAIRMAN FIALA: Motion by Commissioner Coletta, second by Commissioner Halas. Any further discussion? Yes, Commissioner Henning? COMMISSIONER HENNING: In the motion, let's give specific direction -- COMMISSIONER COLETTA: Okay. COMMISSIONER HENNING: -- for staff to give us. You know, should we keep this in inventory? Is it going to be a future need? Is there a way to do a property swap with Mr. France's? What Page 32 December 14, 2004 is the resolution -- COMMISSIONER HALAS: Is there a wellfield on there now? COMMISSIONER HENNING: -- to abate this code enforcernentissue? CHAIRMAN FIALA: Okay. Fine. COMMISSIONER HALAS: Something was brought up in the discussion that there's a well there. Is that a county-owned well? MR. ZAMPONIA: It was. I'm not certain that it is being used right now. We have been told that it might be used in the future. COMMISSIONER HALAS: Oh, okay. CHAIRMAN FIALA: Okay. And Commissioner Coyle? COMMISSIONER COYLE: The only -- COMMISSIONER HENNING: There is not a well there. Mr. DeLony is shaking his head no for the public -- court reporter. MR. MUDD: The only -- the only well that's being worked right now on Mr. France's party (sic) belongs to the City of Naples. That I know for a fact. This particular parcel was purchased with the -- with the idea that -- of future wellfields. And right now Mr. DeLony's looking at this as a potential site for a well for the northeast water plant that's going to be out there by Orangetree. And staffs been working on this particular issue with Mr. France and his attorneys, I believe, since about May, so -- and we're trying to find a solution. CHAIRMAN FIALA: Okay. And Commissioner Coyle? COMMISSIONER COYLE: I'm fully in support of the motion of bringing it back. But is there anything that can be done to hold any further penalties in abeyance? Is that possible? We won't -- we won't be able to hear this until January, so -- COMMISSIONER HALAS: Yeah. COMMISSIONER COYLE: -- it would be good if we could at Page 33 December 14, 2004 least hear from code enforcement about -- MS. ARNOLD: For the record, Michelle Arnold, code development director. The -- whatever action is taken by staff as well as the Board of County Commissioners, we will take that into consideration and ask for reduction of fines if they were to accrue. COMMISSIONER COYLE: Okay. COMMISSIONER HALAS: Can we hold the fines until such time as it was brought before the Board of County Commissioners? MS. ARNOLD: We can hold off on recording the fines __ COMMISSIONER HALAS: Okay. MS. ARNOLD: -- before then. But the petitioner has already gone to the Code Enforcement Board for one extension. They've been granted one extension. And they've kind of voiced the opinion that that was the final extension. But we could hold off on the recording of those fines. CHAIRMAN FIALA: But what does that really mean, hold off on the recording? That means he's still going to be fined but you're not going to record them? MS. ARNOLD: Right. The -- once they are recorded in the public record, then they become official, it's an official lien. So we can hold off on the actual recording of them. But they'll be accruing and projecting to the county's interest. MS. CHADWELL: Well, it's my -- I'm sorry. If I may speak. I'm Ellen Chadwell, assistance county attorney. It's my understanding that Mr. France can go back to the Code Enforcement Board and ask for a continuance. Even though the time has run, they can grant that order nunc pro tunc, which means retroactively to the date of the 22nd of December. But the burden is on him to go forward with that request, and I believe it's a request that staff would support, certainly if it's this board's direction to do so, that they would support that. And I -- but you have no control. CEB may decide not to Page 34 December 14, 2004 continue it, but I think in light of what's happening here today and staff support, that they're very likely of extending it further. CHAIRMAN FIALA: Okay. MS. CHADWELL: Ifprogress is being made. CHAIRMAN FIALA: So now we have a couple of amendments to the motion. Commissioner Henning suggested two, and Commissioner Coyle followed up with a third amendment. Would you like to incorporate that into your motion? COMMISSIONER HALAS: It's incorporated in my second. COMMISSIONER COLETTA: There's no problem with that. I assumed that the original motion would have covered all that for staff, and staff would have realized the direction, but I have no problem with putting it in there as additional direction. CHAIRMAN FIALA: And the second? COMMISSIONER HALAS: And I include that in my second, yes. CHAIRMAN FIALA: Okay. Anything further from commissioners? (No response.) CHAIRMAN FIALA: Okay. All those in favor, signify by saYIng aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you. MR. MUDD: Madam Chair, we'll bring that back on the 11 th of January to try to get some resolution. CHAIRMAN FIALA: Okay. Thank you. Page 35 December 14,2004 MR. ZAMPONIA: Thank you. Item #10A RESOLUTION 2004-382: AUTHORIZING THE ISSUANCE OF CAPITAL IMPROVEMENTS AND REFUNDING REVENUE BONDS SERIES 2005 IN AN AMOUNT NOT TO EXCEED MR. MUDD: Madam Chair, this now brings us to a time certain item, and that's number lOA, and that -- this item to be heard at 10 a.m., and it's a recommendation to approve a resolution authorizing the issuance of capital improvements and refunding revenue bonds, Series 2005, in an amount not to exceed $180 million. It's a sales tax bond issue. Mike Smykowski, director of office management and budget, will present. MR. SMYKOWSK1: Good morning, Commissioners. For the record, Michael Smykowski. Indeed, as Mr. Mudd has stated, we're looking for board approval today of the attached resolution authoring -- authorizing the issuance of capital improvement and refunding revenue bond, Series 2005. There are five specific new projects that require bond financing. They are enumerated on page 2 of your executive summary, and they were -- COMMISSIONER COYLE: I'm sorry. Your time is up now. MR. SMYKOWSK1: They were -- each of the five new projects requiring financing was included in the FY-'05 adopted budget as approved by the board, and those projects include the North Naples Regional Park, the county courthouse annex, phase I, the associated courthouse annex parking garage, the emergency operations center, and the county fleet facility. Page 36 December 14, 2004 As further enumerated in the executive summary, there have been price increases in those projects that are solely a function at this point of the current market for both concrete and steel. That is obviously adversely impacting the county and is an issue, I think not only in Collier County and the State of Florida, but getting to be a nationwide Issue. There are two projects that are currently financed with commercial paper. Those include the Arthrex building that is currently housing or will be housing in -- I believe transportation's moving in tomorrow into the new Arthrex building on Horseshoe Drive and the Fleischmann property that was acquired in the last year as well. Commercial paper obviously has a variable rate debt instrument subject to some interest rate risk and ideally used for short-term borrowings or as an interim financing measure. When we approved both of those products, we had indicated we might be back to the board looking for securing a longer term financing structure for each of those two projects. The final component is a refunding opportunity of capital improvement refunding revenue bond, Series 1994. Based on current market conditions, the refunding would generate net present value savings in excess of $1.1 million or 7.04 percent. As a general rule, county staff recommends refunding bonds when the net present value savings is in excess of five percent due to the associated costs of issuance and the like. If it were a stand-alone issue and it were below five percent, we would not be recommending that to you. From a rating standpoint, Fitch's Rating Service and Standards and Poors have assigned underlying AA minus ratings on this bond issue, and that's something we all can be proud of. It's a -- based on -- and quoting from the -- their statements, based on the relatively stable nature of the pledged revenue stream, Page 37 December 14, 2004 adequate coverage by the pledge revenue, sound legal provisions, and the county's general credit characteristics, it would be anticipated that this bond issue would close in early -- early in February, 2005. Mr. Miller from Nabors and Giblin is also here, as is Hall Kenary, the county's financial advisor, who helped us package this bond proposal. And there were some changes. We have set an aggressive schedule on this bond issue due to __ hopefully to avoid future interest rate risk. As a result, there have been some changes in the general insurance provisions. Some of the technical backup in the resolution. You were provided a copy of those yesterday, and if there are no questions, I'll have Mr. Miller walk through the resolution. CHAIRMAN FIALA: I just have one question. MR. SMYKOWSK1: Yes, sure. CHAIRMAN FIALA: You say Fleischmann property here under the commercial paper refinancing. MR. SMYKOWSKI: Yes. CHAIRMAN FIALA: What part of the Fleischmann property? MR. SMYKOWSK1: That is the Fleischmann property at the corner of Golden Gate Parkway and Goodlette- Frank Road. COMMISSIONER HALAS: Airport. That's that 20 acres there. CHAIRMAN FIALA: That's that first part? Oh, for the retention pond? MR. SMYKOWSK1: Yes. It's for the retention, I'm sorry. I should have clarified that in the executive summary. CHAIRMAN FIALA: It didn't say it in here, so I -- the whole agenda had a lot of things missing from it. So thank you very much. Commissioner Halas? COMMISSIONER HALAS: Yes. Mike, I was looking at the increase -- your projected increase. This is pretty astounding. Some of these projects were looking like the emergency operations center where you're anticipating $11 million increase in the actual cost of the Page 38 December 14,2004 building, because -- is that because of concrete and steel? MR. SMYKOWSKl: Primarily yes, sir. The -- that building, I believe -- and Dan Summers is here. I believe is designed to withstand a category 4 hurricane. So, in essence, what you have is a -- somewhat of a reinforced concrete bunker with extra thick concrete walls with reinforcing steel throughout, and obviously that adversely impacts the price of the -- of the construction, given the current market for each those products. Mr. Mudd, on a daily basis, has gotten copies of where, you know, steel prices go through roof, concrete prices escalating, you know, vacillating wildly. It's a pretty amazing market. COMMISSIONER HALAS: My question is, if when we allocate these bonds, will we able to put a cap on what the -- hopefully put a cap on the escalating price of the construction of these projects? MR. MUDD: Yes, sir. We'll go to the guaranteed maximum price on those contracts for those particular items. We don't normally get into a guaranteed maximum price on a particular proj ect unless we have funds in order to build the particular thing, so we don't want to get ourselves in a default position. So as soon as the bond item goes through, we'll go -- we'll go GMP on all of those particular items. MR. SMYKOWSKl: You have -- do have a GMP, Commissioner Halas, on the North Naples Regional Park, the courthouse annex, phase I, and the annex parking garage. The GMP that we're awaiting is on the EOC. The county fleet facility is planned to be a bid proj ect. COMMISSIONER HALAS: Okay, thank you. CHAIRMAN FIALA: Okay. Commissioner Coyle? COMMISSIONER COYLE: Yeah, I just wanted to clarify that. I'm not sure that we directly responded to Commissioner Halas' question. Will we have a chance to take a look at the cost of this Page 39 December 14,2004 emergency operation center before it goes out to bid, or do you feel that you already have approval to go out for bid for a specific amount of money? MR. SMYKOWSKI: No, sir. We do not have a guaranteed maximum price. At the point at which we would, we would be bringing forth that via a separate executive summary, and at that point you would have an opportunity to vote yes or no on that -- on that specific proj ect. COMMISSIONER COYLE: Okay, good. Thank you very much. MR. SMYKOWSKI: Thank you. I apologize if I didn't answer that correctly. COMMISSIONER HALAS: My understanding, I thought that that was already bid and already pretty much sealed, isn't it? COMMISSIONER HENNING: Just the design. COMMISSIONER HALAS: Okay. Because they were going to break ground, I thought, in February or March of this year, aren't they, with the EOC building, or am I wrong? CHAIRMAN FIALA: Here comes Dan Summers to let us know. MR. SUMMERS: Commissioners, Dan Summers, director of the Bureau of Emergency Services. I don't see Skip here to follow up on some detail, but let me tell you where we are. We're in excess of 50 percent design development with the building. We're also standing by for the gross maximum -- or I'm sorry, the guaranteed maximum price with the construction company, and that -- that company has been chosen. Yes, we will be bringing back to you the guaranteed maximum price as well as the final programming with the building. I think it's important to clarify, however, to you, that since -- and this project is three years old now, so three years in the programming, and we're finally here. But I want to remind you that this is not necess -- although it's referenced as EOC, emergency operation center's just Page 40 December 14,2004 one component. This is officially titled as Emergency Services Complex. You have in there a fully functional 911 center going in, you have a sheriffs office substation center, an EMS headquarters, EMS training, the clerk IT -- because of the reinforced structure of the building, that will be basically their main -- their data center -- the county's IT as well, and less than three or five percent vacancy remaining for growth in that building. So it is a little -- a little overwhelming that you think it's just EOC, but because of -- also we've experienced a change in wind loading and wind construction, so you have an enormous amount of steel and concrete, a heavy resilient building, and all this additional programming. So the EOC is just one component of those many tenants. COMMISSIONER HALAS: What -- are we antic -- when are we anticipating to break ground? MR. SUMMERS: Sir, we're going to do our best for our February/March scenario, because we're at the point of design development now that the last 25, 30 percent that's remaining goes very, very quickly. In fact, I will tell you that we already have basically final drawings that staff is under review with right now, so we're very, very close. It will -- it will fast track, I think, from this point forward, but the work is being done. I do know that in early March you have one final PUD review on this project as well, so we are -- we're at a fast pace. CHAIRMAN FIALA: So you don't have to go out for bid; you already have the company chosen? MR. SUMMERS: The company is already chosen. And the advantage to that for us is the ability to work with them to value engineer. Staff has got hundreds of hours in value engineering this project, so we have -- we are constantly working with Kraft to find ways to, again, minimize costs or to effectively program that building. Page 41 December 14,2004 So it's really worked out well. And again, because this building is pretty high tech, there's an awful lot -- when you're talking about a 911 center, the fiber optics, the data requirements for those two data centers as well as the EOC, you do have a lot of wire and technology in this building, and that's what makes it complicated. It will be doable. It's very doable. It's very resilient, but we are taking great pains to dot the I's and cross the T's in the process. CHAIRMAN FIALA: Let me ask one more question then. Is it legal not to go out to bid? MR. MUDD: Ma'am, you did go -- you did go out for selection of contractors with a bid, okay, and you went out there for a request for proposal to the particular firms. There were proposals that went out. We asked the board to go out for this particular item. We went out. Those particular firms came forward with their -- with their proposals, and we rate them 1 through 5, or whatever that is, and then we start to -- CHAIRMAN FIALA: Okay. MR. MUDD: -- negotiate the -- CHAIRMAN FIALA: That wasn't explained to us. MR. SUMMERS: Yes, ma'am. CHAIRMAN FIALA: When you said chosen, I take it at face value. And so what you mean is, through the bid process, you have -- you have established who the builder will be? MR. SUMMERS: Yes, ma'am. CHAIRMAN FIALA: Who, by the way, is a fine builder. MR. SUMMERS: Yes, ma'am. And I apologize for not hitting that point clearly. But, yes, there is a very in-depth, almost a 90-day selection process. CHAIRMAN FIALA: Okay, very good. I just didn't want that to come back and haunt us. MR. SUMMERS: No, ma'am. Page 42 December 14,2004 CHAIRMAN FIALA: So now it's on the record. Thank you. MR. SUMMERS: No, ma'am. Very clear. CHAIRMAN FIALA: Any other questions, Commissioners? COMMISSIONER HENNING: Move to approve. MR. SMYKOWSKI: Mr. Miller may have some minor clarifications on the resolution incorporating the final insurance changes. CHAIRMAN FIALA: Okay. Let me just interrupt you for one second and say I already have a motion to approve by Commissioner Henning and a second by Commissioner Halas. We're still open for discussion. Go ahead. MR. MILLER: Okay. Good morning. Steve Miller with Nabors, Giblin, and Nickerson. I just wanted to point out -- and we apologize for this. This is not our usual MO with bond issues. We did have a few changes we were negotiating with the insurance company all the way up until yesterday morning. And just for a way of background, typically we like the insurance bids to come in a week or a week and a half ahead of your agenda deadline so we can get everything worked out before your agenda. In this particular case, as Mr. Smykowski pointed out, we had an aggressive timetable in order to make sure the county was not subj ected to rising interest rates, as they are starting to go up. Insurance bids only came in three days prior to your agenda deadline. It took us a week to negotiate all the terms. F or this particular deal, the only change that occurred since agenda deadline was that the insurance company wanted to make it crystal clear that if there was a default by the county on the bonds, that they would step into the shoes of the bondholders. This is already in your master resolution, but they just wanted to clarify it in here. That's the only change, and I'll answer any other questions you may have. CHAIRMAN FIALA: Any questions? Page 43 "--- "...... -4 December 14,2004 (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. That's 5-0. Item #10B RESOLUTION 2004-383: AUTHORIZING THE ISSUANCE OF LIMITED GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $75,000,000 (CONSERVATION COLLIER EROGRAM) - AIlOTIED W/CHANGES MR. MUDD: Madam Chair, we go to the next item, and that's a companion item, and that's 1 OB. Well, it's not -- excuse me. That's not a companion item. It's a new item. This item to be heard immediately following lOA. It's a recommendation to approve a resolution authorizing the issuance of limited general obligation bonds in a not-to-exceed amount of $75 million. It's a Conservation Collier program, and Mr. Michael Smykowski, director of office management and budget, will present. MR. SMYKOWSKI: Again, for the record, Michael Smykowski, O&B director. As Mr. Mudd indicated, we do have a resolution adopting -- recommending the authorization of limited general obligation bonds in a not-to-exceed amount of$75 million. And while the amount there is Page 44 December 14,2004 not to exceed, obviously you see on page 2, the planned projects is actually just shy of $35 million. The not-to-exceed amount would be the maximum that is available under this program. But what is contemplated, and the proj ects as enumerated in the bond documents, is approximately $35 million and would be the first issue under the Conservation Collier program. The projects include the American Business Park. Again, as the executive summary states, when that was initially approved, we funded that on an interim basis with Commercial Paper. As we talked at the workshop last week, and Mr. Mitchell noted, that has to be refinanced by the first week in March. That was just a temporary stopgap measure to acquire that property, and the intention all along was to secure that with the long-term financing mechanism through the general obligation bonds that would be funded by the tax levy not to exceed one-quarter of a mill. Are there any questions? CHAIRMAN FIALA: Yes. There's another Fleischmann property on this one for two million. What is that? COMMISSIONER HALAS: That's the wetlands. MR. SMYKOWSKI: Alex Sulecki is here. MS. SULECKI: Good morning. For the record, Alex Sulecki, coordinator for Conservation Collier. That two million was an estimate, and it's probably a high estimate of what -- the 13-acre wetland portion of the Fleischmann property that was purchased under the other final executive summary. CHAIRMAN FIALA: So in other words, part of the retention area that the transportation needs, and this is the wetland portion of that? MS. SULECKI: Yes. And we don't know how much that is now. It was a guess. CHAIRMAN FIALA: Okay. MR. MUDD: That's the 13 acres of the 50-acre parcel that we Page 45 December 14,2004 purchased for 19 -- $19 million or thereabouts -- CHAIRMAN FIALA: Thank you. MR. MUDD: -- a couple months ago, ma'am. CHAIRMAN FIALA: Thank you. MS. SULECKI: You're welcome. CHAIRMAN FIALA: Any other questions, Commissioners? COMMISSIONER HENNING: Move to -- MR. SMYKOWSKI: Commissioners -- I'm sorry. COMMISSIONER HENNING: Move to approve. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Okay. MR. SMYKOWSK1: There are changes to the resolution -- CHAIRMAN FIALA: Okay. Let me just first say that we have a motion to approve by Commissioner Henning and a second by Commissioner Coyle. Further information that you wanted to provide? MR. SMYKOWSK1: Basically it's the insurance requirements that Mr. Miller enumerated on the -- on the capital improvement revenue bonds. It's a similar situation where, in negotiating, there were final changes. Obviously we would ask that the resolution you're being asked to improve would incorporate those changes that you have previously been provided. Steve, is there anything beyond that -- COMMISSIONER HENNING: Part of my motion. CHAIRMAN FIALA: Okay. That's a part of Commissioner Henning's motion. COMMISSIONER COYLE: Part of the second. CHAIRMAN FIALA: And also Commissioner Coyle's second. Any discussion? Yes, Commissioner Halas. COMMISSIONER HALAS: Basically, what are we going to be purchasing bonds at? What interest rate is the county going to be Page 46 December 14,2004 getting? Do we know offhand? MR. SMYKOWSKI: The estimated range, sir, on the debt service schedule ranges anywhere from 2.45 to 3.85 on the loan. Obviously a general obligation bond typically provides the best financing structure because it is supported by the ad valorem tax. COMMISSIONER HALAS: Okay. Thank you. CHAIRMAN FIALA: Okay. Any further discussion? (N 0 response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) MR. MUDD: Madam Chair -- CHAIRMAN FIALA: Very good. Now we have --let me interrupt you. Kathy Prosser is here with us, so I'd like to go back to number 5C, presentation. A status report by Caribbean Gardens' Blue Ribbon Committee before we break. Is that okay? MR. MUDD: Madam Chair, you have a companion item to lOA, which is 8D, which was an add-on on your change order. CHAIRMAN FIALA: Oh, yes, okay. Let me - Item #8D ORDINANCE 2004-78: AUTHORIZING THE ISSUANCE OF LIMITED GENERAL OBLIGATION BONDS (CONSERVATION COLLIER PROGRAM) FROM TIME TO TIME PAYABLE FROM THE LEVY OF AN AD VALOREM TAX LEVIED UPON ALL Page 47 December 14,2004 TAXABLE REAL PROPERTY IN THE COUNTY IN AN AMOUNT NOT TO EXCEED ONE-QUARTER OF ONE MILL FOR THE PRINCIPAL PURPOSE OF ACQUIRING CERTAIN ENVIRONMENT ALLY SENSITIVE LANDS WITHIN THE COUNTY; PROVIDING FOR VARIOUS RIGHTS AND REMEDIES OF THE BONDHOLDERS; PROVIDING THAT THE BONDS AUTHORIZED HEREUNDER WILL BE LIMITED GENERAL OBLIGATIONS OF THE COUNTY; AND MR. MUDD: And this is a recommendation to adopt an ordinance authorizing the issuance of limited general obligation bonds, Conservation Collier program from time to time payable from the levy on an ad valorem tax levied upon all taxable real property in the county, in an amount not to exceed one-quarter of one mill for the principal purpose of acquiring certain environmentally sensitive lands within the county; providing for various rights and remedies of the bondholders; providing that the bond -- bonds authorized hereunder will be limited general obligation of the county; and providing an effective date. Mr. Smykowski will present. MR. SMYKOWSKI: Yes. Commissioners, again, for the record, Michael Smykowski. This is kind of a perfunctory step as recommended by bond counsel in each case where we have adopted revenue bonds in the past for, most recently, the gas tax revenue bond a few years ago. Bond counsel recommends the adoption of the Home Rule Powers Ordinance, which they feel would give the county some additional legal standing in the event of challenge. So it's kind of an additional step above and beyond that that is required, but it gives them an additional level of comfort as we proceed with the sale and issuance of these bonds. Page 48 December 14,2004 COMMISSIONER HALAS: Move for approval. CHAIRMAN FIALA: Okay. I have motion to approve by Commissioner Halas. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: And a second by Commissioner Coyle. Under considerations in the executive summary, it says on November 5th, 2002, a bond referendum election was held, and the issuance of not exceeding. Of what? MR. SMYKOWSKI: Not exceeding the -- CHAIRMAN FIALA: No. It says, the issuance of, but then I guess there's a sentence. MR. SMYKOWSKI: That's the 75 -- the $75 million associated with the Conservation Collier program. CHAIRMAN FIALA: Okay. You just might want to -- you know, for the record, you might want to clean that sentence up so it makes sense, if you don't mind. MR. SMYKOWSKI: Yes, I will. Thank you. CHAIRMAN FIALA: Okay. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: You know, I guess we better just wait for a few minutes and take a la-minute break, and then we'll come back with Kathy Prosser. MR. MUDD: Yes, ma'am. (A recess was had.) Page 49 December 14,2004 Item #5C STATUS REPORT BY THE CARIBBEAN GARDENS BLUE RIBBON COMMITTEE - MOTION MADE FOR STAFF TO CONTINUE TO WORK WITH COMMITTEE UP UNTIL TIME THAT THE BCC BRINGS IT BACK - APPROVED; RECONSIDERATION OF PREVIOUS MOTION - APPROVED; MOTION MADE FOR STAFF TO CONTINUE TO WORK WITH COMMITTEE UP UNTIL THE TIME THAT THE BCC BRINGS IT BACK AND WITH THE STIPULATION THAT STAFF WILL NOT BE INVOLVED IN SOLICITATION OF FUNDING IN ANYWAY - APPROVED; MOTION MADE TO DIRECT COUNTY ATTORNEY TO BRING BACK A RESOLUTION REGARDING AN OFFICIAL SANCTIONED COMMITTEE FOR LAND USES OF FLEISHMANN PROPERTY AND FOR THEM TO SEEK FUNDING FROM GOVERNMENTAL FUNDED SOl.IRC.RS - AEEROVED CHAIRMAN FIALA: Will you all please take your seats now. We're going back to item 5A, which is presentation -- MR. MUDD: 5C-- CHAIRMAN FIALA: 5C, I'm sorry. MR. MUDD: -- which is a presentation of status report by the Caribbean Gardens Blue Ribbon Committee to be presented by Kathy Prosser, the committee chairperson. MS. PROSSER: Good morning, members of the commission. Kathy Prosser, president and CEO of the Conservancy and also chair of the blue ribbon panel. I, first of all, want to begin by wishing everyone happy holidays. It's nice to see you. I'm here today to give you a status report on the work of the Blue Ribbon Committee. You will recall that in June of this year you met Page 50 December 14,2004 in a workshop to discuss the potential to purchase the Caribbean Gardens land in an effort to save the zoo. And at that workshop, one of the things that came out of that was the appointment of this blue ribbon panel. And our mission from you was twofold. First it was to take a look at this ISO-acre parcel that the Fleischmanns are going to be offering for sale as one major piece, and to determine, perhaps, potential uses for that ISO-acre parcel. The second part of the mission was to identify potential funding sources that could supplement the referendum that was recently passed. The other thing in the workshop you did was to approve the referendum going on the ballot in November of this year, and that referendum would allow for an increase in property tax up to $40 million that could be bonded to help to pay for this Fleischmann parcel. When I refer to the Fleischmann parcel, now, I am referring to it as the entire 150 acres; that includes the 52 acres on which the zoo sits, but also includes the surrounding properties. I'm very happy to say that the blue ribbon panel was very much involved in working with the public over the summer and fall to ensure the passage of this referendum by 73 percent of the voters, so we're very pleased that that was quite a strong mandate, that the voters wanted to not only have the zoo land protected for the use for the zoo, but the surrounding parcels as well. The members of the blue ribbon panel are several. Two members of the Naples City Council are members, including Councilwoman Penny Taylor and Councilman John Sorey, Clarence Tears of the Big Cypress Basin is also a member, John Ribes, who is a landscape architect in town, Dexter Groose, who is a concerned citizen, and myself as chair. The committee worked over the summer to look at ways that the 150 acres could be developed, and we came up with a concept, three Page 51 December 14,2004 different concepts, actually, that we would put forth for consideration as a starting point. And I want to thank especially Joe Delate on your staff who just did a great job working with the blue ribbon panel to help us come up with these concepts in a visual way that made it easy to understand, and also want to thank Marla Ramsey and her staff for doing an exceptional job of helping the blue ribbon panel as we've met throughout the course of the past six months. We'll put up for you the first concept. Marla, thank you. Concept one is ranked as number one and intentionally done that way, and it would be the committee's desire that concept one, if at all possible, be what we strive to achieve. That concept is what we call all green all the time, which primarily means that the zoo, of course, would stay in its current location, and that we would work to put together funding opportunities to keep the remaining parts of the land in conservation. And I can go into more detail on the specifics of that, if you would like. Concept two is slightly different, and that would be primarily green as well but with a little different configuration. The zoo would remain as it is, and much of the parcel would remain green, although you see in this concept paper, or this concept draft, that there are lakes, and the Big Cypress Basin has indicated a willingness to help fund and support this by putting a lake and marsh filtration system in as a piece of this that would go a long ways towards improving water quality as it goes into the Gordon River and into Naples Bay. The third concept we came up with also allows for green space and provides for the zoo to remain as it is, but it also includes approximately 18 to 20 acres of this 150-acre parcel that could be developed to help offset some of the costs for purchase of this land. So those were the three concepts that the blue ribbon panel has come up with over the past months for discussion purposes as we move ahead. The second part of our mission was to identify funding sources to Page 52 December 14,2004 supplement the $40 million referendum that passed. The blue ribbon panel has looked at a variety of options that could be brought to the table, including public/private partnerships, although we have not pursued those beyond this concept three and would need to work more on public/private partnerships as we determine what the highest and best use of this land would be. In other words, if we did determine that a part of the lands would be used for development, at that point we would be looking more carefully at a public/private partnership. However, we did look into a Florida Communities Trust Grant. And as you know, that's a state grant program that provides up to $9.9 million per year that can go to funding initiatives very much like the one we're talking about here today. Their new cycle for funding begins in June of '05, and the county staff will be working to prepare a submission for Florida Communities Trust to apply for some or all of that funding. Additionally, Conservation Collier -- as you remember in 2002, part of the Fleischmann lands there were considered a poster child for us as we went out to advance that initiative, and so Conservation Collier would be most interested in determining if a part of that 150 acres is environmentally sensitive land, it would be appropriate for Conservation Collier to fund and purchase a part of that. Staff of Conservation Collier will be going on site. We have received approval from the Fleischmann family to go on site next week and to take a look at the 150 acres to determine more specifically which of those acreages might be appropriate for purchase by that land acquisition program. Big Cypress Basin I mentioned. A filtration marsh, and lake system could be appropriate if the county commissioners decide that they want to include that as a part of development of this property. And if so, there would be money that Clarence Tears tells us could come from Big Cypress Basin. Page 53 December 14,2004 Florida Forever, a state land acquisition program, is something we will explore as well. They do offer funds to purchase lands such as these for protecting environmentally sensitive lands. We've looked into the ICTEA money that's federal highways money that can be used for pathways. And county staff informed me that in the past, the county has applied for I CTEA money and has not been successful, but that doesn't mean we can't try again in this case. And finally, the Trust for Public Lands. The blue ribbon panel met with representatives of that trust several times, and as a result of those meetings, made a recommendation to you in writing that you -- encouraging the county to work with Trust for Public Lands as a facilitator to purchase this entire 150 acres, and very happy that on November 16th you approved TPL as being the facilitator for this very important purchase. Over the course of the last six months, the blue ribbon panel has met periodically. These meetings, of course, have been open to the public. We have had good participation from the public and want you to know that the recommendations we are bringing forth today as a status report -- they're not really recommendations, but a status report for you -- are a result of receiving good public input from the community to this point. On behalf of the blue ribbon panel, I am here today to not only give you a status report, but to ask that you consider extending the work of this panel as we move into the next important phases of trying to pull together all the different kinds of monies that will be required to buy this land, and then to continue to work with the public and with the staff on these concepts so that we become a clearinghouse for you to bring information and to weed out misinformation. There are a lot of folks involved and very interested in there, as you know, but I imagine that once we get a sticker price on this and start to really bring this together, a lot more people are going to be coming out of the woodwork and wanting to get involved, and I Page 54 December 14,2004 suggest that the blue ribbon panel could serve as a clearinghouse for you, continuing to receive input from the public and bringing that to you for your consideration. So I thank you. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Madam Chair, I would like to make a motion to accept the recommendations of Kathy and to extend the Blue Ribbon Committee with specific guidance to pursue and try to get commitments on any funding sources that are available from the various sources she mentioned. It has been our intent from the very beginning that the Blue Ribbon Committee would evaluate sources of funding that would reduce the cost to the taxpayers or supplement the money which we are -- the taxpayers have authorized us to raise in order to complete this purchase of the property. So I would make a motion that we approve the extension of the Blue Ribbon Committee with specific guidance to try to finalize or formalize some of the additional funding opportunities. CHAIRMAN FIALA: I'll second that motion. And, but a question I have is, have we ever received a final price from the Fleischmann family? This whole town has been riveted on buying this property, we've gone to ballot and everything, but we've never gotten a price from them. MR. MUDD: No, ma'am. And this week Mr. Garrison from the Trust for Public Lands, and SeIser and Mr. Passidomo are in discussions. MS. PROSSER: And just to supplement that, I did call Mr. Passidomo before I arrived, and he indicated that they did hope they would have a figure to discuss with the Trust for Public Land Thursday when they got together to meet. CHAIRMAN FIALA: Okay. So we have a motion on the floor and a second. Commissioner Henning? Page 55 December 14, 2004 COMMISSIONER HENNING: It was my understanding that the group was supposed to seek private donations. What kind of outreach have you done on that and what kind of success? MS. PROSSER: We haven't really done any formal outreach yet. We're waiting to get the sticker price to begin with. But I appreciate your raising that, because I do believe the blue ribbon panel can function in a way that, perhaps, county staff cannot, and that is to be out having discussions with private individuals as well as other kinds of private partnerships, and we fully intend to do that. COMMISSIONER HENNING: I want you to be aware of a couple comments that I heard pertaining to the participants on this committee -- MS. PROSSER: Okay. COMMISSIONER HENNING: -- about conflict of interest. You have several city council people on there. I have some concerns on that. And, of course, the Conservation Collier -- or Conservancy borders that, and I would hope that we can resolve some of those concerns, and possibly if we're going to extend it, to have a different makeup. There's always -- in the process of public involvement in that. But public perception on this is -- it might kill the whole project. You know, I appreciate the Conservancy's efforts in this, but you don't want to have that stigma out there of potential conflicts. MS. PROSSER: Well, we'd certainly -- the Conservancy would be happy to do whatever you feel is most appropriate. Our main concern is to make this deal happen and to have the zoo remain and to have a, hopefully a central park of some kind surrounding that. So whatever you would deem appropriate -- COMMISSIONER HENNING: I think it's prudent for the board to take a look of the makeup of this group and bring it back on a future agenda. It's not a sanction -- really a sanctioned committee by the Board Page 56 December 14,2004 of Commissioners. The sources of the monies for our participation, if I remember right, we were kind of looking at transportation, stormwater to get involved in that as far as stormwater issues. I think that's maybe another possibility. And I think there's some other county issues that we might want to address on this piece of property. And to steer it into -- Public Lands for Trust is steering it into their agenda, and that's more for the animals than people, and I'm not sure if -- how many animals are paying the taxes on this piece of property. MS. PROSSER: Well, again-- COMMISSIONER HENNING: You know, to give us options, I appreciate it, but I hope that we're not steered into a specific corner. MS. PROSSER: Well, I appreciate that comment, and that is why I think you see three different concepts as a beginning point, one of which does include potentially some development on there if the county commissioners would deem that as appropriate in a way of reimbursing some of the fund. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I have some similar concerns as Commissioner Henning has. I remember quite specifically when we were discussing this in the workshop that the end result was that most of this was going to be donations that were going to be put up by the private sector. And the reason that we put this agenda on the ballot was in case there wasn't enough money to make the total purchase of the land. So as it stands right now, my understanding is your Blue Ribbon Committee has really not acquired any funds other than the funds that were used to advertise this property for the elector. The other concerns I have is similar to what Commissioner Henning has, and that is the makeup of the board. I think it's, right now, too -- too much loaded towards the City of Naples, and not only did the City of Naples vote for this, but also the whole community, Page 57 December 14,2004 and I feel that there should be an equal makeup between the city and the county. And I would look forward to bringing this back to address these issues and to see what's going on. Also I would think that there might -- I'm concerned about some of the conflict of interest here, so I think that's another area that may need to be addressed. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: I share some similar concerns, and I would like to see us take a look at the makeup of the board, but meanwhile, I do want to compliment you for the wonderful work you have done to this point -- MS. PROSSER: Thank you. COMMISSIONER COLETTA: -- in time and the public awareness that you brought forward. I want to make sure that there's no misunderstanding in the fact that final decision's going to be the commission-- MS. PROSSER: Absolutely. COMMISSIONER COLETTA: -- and there should be all the options on the table. No matter how far off they are, they should all be there so we can make a decision based upon fact across the board and what's going to be in the best interest for all the taxpayers of Collier County. MS. PROSSER: I completely concur with that. If I may -- and thank you for your kind words. And to Commissioner Halas, the blue ribbon panel has not yet found the money because we don't know what we're going to be looking to find. But in talking with staff and getting ready, for example, for the Florida Communities Trust Grant, that is a potential $9.9 million, but we first do need to know the ever important price of the land before we can really go out asking people to fund it. So just by way of explanation. As it relates to the Conservancy, we are very proud of the role Page 58 December 14, 2004 that we have played to date in this. We will be in there pitching and fighting to help make this dream a reality in any capacity that you all deem is most appropriate. So we're honored to have been a part of it to this point. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: You know, I'd like to say, Kathy, that I have absolutely no concerns about conflicts of interest with your organization or this particular panel. It is not an officially-appointed board, paneled by this board, consequently, it doesn't fall under any of those provisions, but the perception is important -- MS. PROSSER: Yes, indeed. COMMISSIONER COYLE: -- that the principle is important. But I have no concerns that the people who are there are somehow going to profit from a decision to preserve property. And I think the only caution is that the Conservancy not get involved in benefiting some way from the transaction, and I think that is a valid concern, and I think you've avoided that quite successfully. But if our job is to raise money, it's important that we get people on the committee who have experience raising money, and I don't know of anyone who is more capable of doing that than you and the Conservancy. MS. PROSSER: Thank you. COMMISSIONER COYLE: And I would like to encourage that if there are changes on the board, or in the committee itself, that they be changes that enhance our ability to find the funds. I think we've accomplished the job of getting public awareness of the need to conserve this property and to get it on the ballot. We now need to start raising the funds. And I would encourage that we think about people on this committee who can raise money for us, and you're in a far better position to determine that -- MS. PROSSER: Okay. COMMISSIONER COYLE: -- than we are.t Page 59 December 14, 2004 CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: I guess for the county manager, county attorney, what's the board's ability to change the makeup of this Blue Ribbon Committee that has not been appointed by the board? MR. WEIGEL: I'd like to respond, if I may, Commissioners, and that is, the committee, I think, came into being as a discussion, request, a bit of direction at that workshop that was held far earlier this year in the sense that the board recognized that people with interests could conceivably come together and inform the board and make recommendations to the board, and even possibly show the board where some funding sources might be utilized, or someone other than the commission and its staff collect money and bring it forward, ultimately. That committee was not created by the board, although it has functioned up to this point with a recognition, call it a prerequisition of a type of existence totally within the sunshine, which protects them and protects anyone that would be involved and to that extent. To further answer your question, however, the members of the committee were not directed by this board. They came into being, in part, just through discussion, I believe, of Marla Ramsey, and Ms. Prosser, and some names mayor may not have been mentioned as possibilities at the meeting, but it was never the board's workshop decision as to who would or would not be on it. And, in fact, the committee morphed a little bit, it changed a little bit from its initial attempted makeup. Again, not with any direction of the board, but by virtue of the fact that they had staff members on the committee and that was inappropriate to have voting employees on a committee, particularly if it might potentially be perceived as a county committee. So there was some cleanup and some changes along the way so that it could function a little more independently of the county as well. Page 60 December 14, 2004 Just prior to your discussion -- and by the way, there is a motion and a second on the floor still to extend the committee, and with that motion having been made and to the extent that it may even be removed from the floor, my suggestion was going to be that if it were to be extended with whatever membership -- and Ms. Prosser had indicated certain persons that were assisting at this point in time -- that, in fact, the board, if it were to officially recognize this committee, should, in fact, direct county attorney to work with Mrs. Filson to bring back resolution to the board, which may not be necessary at this point if you should change your mind, because it sounds to me as if your thought is, both to Mrs. Prosser and anyone else out there in the community, if they have some ideas, you as a board are welcome to hear and receive those ideas, and to the extent that the board may take some action in a more formal collective board way to make ideas turn into realities, you would do that at that point in time. But information is something you're looking for. To have a committee of the board directly soliciting money is really no further than an extension of yourselves. And so, Mr. Coletta and Mr. Henning, certainly, and Halas, have certainly noted as well that there can be some concerns there, and county attorney would want to be involved if we were to proceed closer in that direction. But right now it sounds to me as if the board is thinking of thanking Ms. Prosser and the persons that have been working with her, indicating to her and anyone else that they could, in fact, go forward, but not recognizing a specific committee at this point in time. But to the extent that she or others may independently or together bring persons and players and idea people or funding people together and bring information back to you, she may do that just as anyone else might, if you find that a workable solution. Perhaps I'm -- I have stated something that you have in mind there. COMMISSIONER HENNING: Well, if the motion stays, I'm not going to vote for it. I'd much rather see something formal by the Page 61 December 14,2004 Board of Commissioners. Since we are spending the staff time, it is dollars of the taxpayers. I think it's prudent to advertise this item as a board-sanctioned committee and for the board to appoint members. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: That -- that is -- represents quite a conflict from an earlier position that said we didn't want to have conflicts. If you want to have a conflict of interest that is really, really serious, then what you want to do is do exactly what Commissioner Henning just suggested, and I think that's a big, big mistake. Can you imagine a board or a committee sanctioned by this board with members selected by this board going out and trying to get money from the public, many of them who might be contributors who come before this board looking for approval for some action? That -- that's a recipe for disaster. So I would encourage you not to do anything with respect to formalizing a fundraising committee reporting to this board and responsible to this board. And I think the county attorney has raised a very good point. This isn't a formal committee established by this board, so why do we have the authority to extend it? It can go on as long as you want it to go on, Kathy, and you can advise us as much as you'd like, and you can raise as much money as you'd like, and you can select whatever people you want to help you raise that money, and that's the perfect way for this thing to operate. You know, we shouldn't be going out and trying to raise money for people who are certainly going to have an interest at some point in time in coming before this board to seek approval, perhaps on major developments. So we need to stay as far away from that as we can. And so I would withdraw my motion, because I think the county attorney has made a good point. We don't need a motion to do this. You just continue to do what you think is right and help us -- help us finance Page 62 December 14, 2004 this purchase that is in everybody's best interest. CHAIRMAN FIALA: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Believe it or not, you're both right. I think we need to have a formal board underneath our director __ a committee underneath our direction. I do think that this should still be a freelance committee that can do some fundraising on the side without the sanction of the Board of Commissioners. You can't sanction them without -- at that same point in time regulating them in some form. There's just no way to marry the two. But, fine, as an independent group out there trying to seek funding and maybe making a report back to the committee, that wouldn't a problem. But in all cases, we're not going to settle this here today. I think we need to have this come back at the next meeting. I'm sure we can put something together that will work well for everyone. CHAIRMAN FIALA: And maybe by then we'll have a price. COMMISSIONER COLETTA: Maybe, hope so. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: I want to remind my colleagues that we appoint advisory boards all the time that seeks monies from the private sector, a lot of times sponsoring certain events. Parks and rec. does it all the time with our events. So I don't see the big deal. I just would rather have some kind of formal thing as long as we're using the tax dollars to support this group, because, theoretically, there's other groups out there that could ask the board for some kind of staff support to do whatever they want to do. And if we're -- if we're going to use the tax dollars that way, it ought to be sanctioned by the Board of Commissioners. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I've got concerns whereby we've got a committee out there that's not under any of the jurisdiction or direction from the Board of County Commissioners and yet they're Page 63 December 14, 2004 using our staff time, and to me, that's tax dollars and that belongs to the community. So I think we've got an area here that needs to be looked at by the county commissioner -- or excuse me -- by the county attorney in regards to exactly what the ground rules are and exactly how we get from point A to point B. CHAIRMAN FIALA: Sure. MS. PROSSER: If I may, Commissioner Halas, the blue ribbon panel formed as a result of your workshop, and at that workshop, it was suggested that a group of people get together to look at this with support from staff, so this is not just an independent group who said, hey, let's just go do something fun and use the county staff, but rather we did feel that we were doing what was in the interest of this commission and feel we have done that up to point. COMMISSIONER HALAS: You're absolutely right and you're doing a great job. My concern is that in the process of the workshop that it was very clear in the discussions that the last resort was going to be that we were going to put this on the ballot to try to save the zoo, that there was going to be a lot of public people, outpour of money, to save this whole scenario. And as of right now, there's no money in the coffers. That's my biggest concern, okay, because it was pretty clear to me that we, the commissioners, wanted to make sure that we did save the zoo, but it was going to be done under the auspices that the last resort was taxpayers'money. That's what I remember from the workshop. CHAIRMAN FIALA: Okay. I'll follow up and kind of close this thing up. Who did select that committee, by the way? How did the committee get selected? MS. PROSSER: Well, I think in part I was there at the workshop, and so that was a part of it, as were maybe some other folks. The Tetzlaff family was represented at that workshop, as well as some others. And so I think it loosely formed as a result of that, Page 64 December 14, 2004 those who showed interest. CHAIRMAN FIALA: You decided at that time how many members would be on and who would be on, is that it, after that meeting? MS. PROSSER: We met shortly thereafter during a public session and just saw who had an interest and who would be interested in serving. And for example, David Tetzlaff, of the family who runs the zoo and owns the zoo, was originally on that committee, and then the committee deemed that it was inappropriate, given that there was going to be a political action committee put together and so forth, and that there was a vested interest from the Tetzlaff family and the outcome of this, that they should not serve in any way on this committee, so they stepped out. CHAIRMAN FIALA: Okay. I had no idea how this committee even formed or who decided how many members would be on it. I don't know that any of us did, but I sure didn't. MS. PROSSER: If I may, they -- Marla Ramsay and the county staff were involved in pulling the first meeting together, and the county staff members were on the blue ribbon panel. And then others like me and some others came forward to say we'd like to serve as well. So that's the actual genesis of this involvement. CHAIRMAN FIALA: I truly don't feel government officials should be on there, only because if there's money raising involved, I don't care -- COMMISSIONER COLETTA: Right. CHAIRMAN FIALA: -- what form of government they serve, it -- you don't want to be out there asking for money and then having these people come before you. That's a -- not that anybody would do this thing illegally, but man, perception is awful. And getting on with that, there's been a perceived conflict. We've -- I think we've all gotten those letters. And not that we would ever even suspect that. I think everybody is genuinely passionate Page 65 December 14, 2004 about this property and wanting to preserve it forever. But we've heard that. And you know, sometimes things get blown out of proportion. So I agree with Commissioner Coletta, we ought to bring this back as an agenda item at a future date. MS. PROSSER: I would ask the commission then, would you -- are you recommending if that resolution passes that the blue ribbon panel not meet again until after you have come back -- CHAIRMAN FIALA: Oh, no, no. MS. PROSSER: -- or do we continue to meet? Thank you. CHAIRMAN FIALA: No. I just think that if we meet again in January, we'll probably know the price of this property. MS. PROSSER: Hope so. CHAIRMAN FIALA: And maybe we'll have a better understanding of how we want to move forward, maybe some people will get the idea. I think everybody can discuss it a little bit. I think definitely you need to be moving forward, that why I seconded the dead motion, and maybe -- you know, maybe we can discuss more of the issue. Commissioner Coyle? COMMISSIONER COYLE: Kathy, once again, tell me what was the vote in favor of this cause? MS. PROSSER: Seventy-three percent. COMMISSIONER COYLE: Seventy-three percent of the taxpayers in Collier County said, please, let me contribute to this, right? MS. PROSSER: That's exactly right. COMMISSIONER COYLE: Okay. Now, I think there are two issues here. One is we've said that this Blue Ribbon Committee is not a government-appointed committee, so if they continue to meet, we have no control over it whatsoever, okay. So they should continue to meet, in my opinion, you should continue to try to solicit funds to help pay for this property, and if it is the desire of this Board of County Page 66 December 14, 2004 Commissioners to remove staff support from members of the public who are trying to do good, then I'd like to see a vote on that today. And if not -- COMMISSIONER COLETTA: Make a motion. COMMISSIONER COYLE: Okay. You make a motion. I'm not going to vote for that. COMMISSIONER COLETTA: If there's someone here who wants to make a motion to remove staff support from this public committee -- CHAIRMAN FIALA: Why would you want to do that? COMMISSIONER COLETTA: Let me help you. COMMISSIONER COYLE: That's what everybody's saying. COMMISSIONER COLETTA: Let me help you. No, no. I'll make a motion just to clarify where I stand and hopefully I think the other commissioners stand. Our question is, you know, making this committee whole, but I have no problem with staff support. In fact, I'll make a motion that staff support continue with this committee until that point in time that we meet to make further decisions. CHAIRMAN FIALA: I second that motion. COMMISSIONER COYLE: Good, good. I'm glad to hear that. COMMISSIONER COLETTA: I don't want any misconception on that. COMMISSIONER COYLE: Then-- CHAIRMAN FIALA: There's a motion on the floor and a second for staff to continue working with this committee. COMMISSIONER COYLE: Okay, all right. CHAIRMAN FIALA: Okay. I have Commissioner Halas first and Commissioner Henning next. COMMISSIONER HALAS: I have no problem with staff being involved in this as long as the staffs time's being paid for. COMMISSIONER COLETTA: It is, by the taxpayers. Page 67 December 14, 2004 COMMISSIONER HALAS: That's -- that's the concern that I have, because this is not a formalized Blue Ribbon Committee by the commission, and so, therefore, it's like any other concern. If somebody wants to use the staff, then they should pay for it. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: I was -- Commissioner Coletta was interrupted before he finished the motion, and I didn't understand. CHAIRMAN FIALA: I'm sorry, that was me. I'm sorry to interrupt. Would you say -- would you say your motion again, please? COMMISSIONER COLETTA: My motion -- I thought I finished it, but whatever Commissioner Fiala -- CHAIRMAN FIALA: I was talking, yeah, I'm sorry. COMMISSIONER COLETTA: My motion's simple, that we recognize that staff is serving a useful purpose and that we'd like them to continue to work with the committee, at least up till the time that we have our meeting to discuss how we're going to handle it in the future, at whatever point in time we bring it back for our consideration. COMMISSIONER HENNING: Okay. And the only comment is, we're leaving it open-ended. I would hope there would be another motion so we could bring resolution to this whole issue of the concern of the majority of the Board of Commissioners, that is the perception of conflicts with this non-sanctioned committee and whether the board wants to appoint a committee to bring final recommendations on this piece of property that the taxpayers told the Board of Commissioners to -- COMMISSIONER COLETTA: I hear you, and I'll tell you, all that is great, but I'd like the motion to stand alone, if I could, please, and then we'll come back and address the second part of it, which has merits. COMMISSIONER HENNING: Okay. CHAIRMAN FIALA: Okay. Commissioner -- well, what about Page 68 December 14,2004 COMMISSIONER COLETTA: I just wanted to comment on staffs cost. We direct staff to do this for several reasons; one, it's been the tax -- the will of the taxpayers was spoken in the last election, and number two, that any time that we delay this any longer than necessary, the cost is only going to go up. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah, that was the point I wanted to make is that we should separate those two motions. It seems to me that Commissioner Coletta had already voiced his preference to see the issue brought back to discuss a formal designation of a committee. That's where the ultimate conclusion will be made. And so I presume that's going to be a follow-on motion, so I agree with separating these two. And by the way, we provide staff support to lots of people all the time, and it doesn't come to the county commissioners for approval. It's an ongoing service we provide to the public. And to get all worked up about this, I think, is really counterproductive, but -- CHAIRMAN FIALA: Okay. COMMISSIONER COYLE: -- I would vote in favor of this motion. CHAIRMAN FIALA: Okay. I have a motion on the floor and a second. Anything further discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? COMMISSIONER HALAS: Aye. Page 69 December 14, 2004 CHAIRMAN FIALA: Okay. We have four -- one opposed, Commissioner Halas. MR. MUDD: Just for the record, for the public out there, the staff support will be there to help them with any ideas that they need to do or that will help them if they need to apply for a grant, but the staff is precluded by the ethics ordinance from soliciting, okay, and in no way, shape, or form will staff be involved in solicitation of private funds for this particular entity because it would be a violation of the ethics ordinance. And if they're there and that is going on, they will excuse themselves from those proceedings. COMMISSIONER HALAS: So long as that's clarified, then I'll change my vote. CHAIRMAN FIALA: Can he do that, David? MR. WEIGEL: You can make a motion of -- a person who voted in the majority can make a motion to reconsider if they wish to. COMMISSIONER COLETTA: Sure. Let's do that. I'd like to have everyone aboard. I'll make a motion for reconsideration. CHAIRMAN FIALA: I'll second. COMMISSIONER HALAS: With the clarification that the county manager did stipulate. COMMISSIONER COLETTA: And I restate my motion with that clarification that the county manager just stipulated to. MR. WEIGEL: Well, you're not there yet actually, Commissioners. The motion to reconsider is merely a motion to reconsider, and then you can add that new proviso to the vote that you're just reconsidering. COMMISSIONER COLETTA: Call the question, please. CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. Page 70 December 14,2004 COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? (N 0 response.) CHAIRMAN FIALA: Okay. MR. WEIGEL: Okay. The floor is open for a new motion on this subj ect. COMMISSIONER COLETTA: Okay. Let's start over again now. I make a motion that we allow staff to work with the Blue Ribbon Committee within the limitations as was mentioned by the county manager. COMMISSIONER HALAS: Right. CHAIRMAN FIALA: Regarding staff working with this committee? COMMISSIONER COLETTA: Right, staff cannot work in a direction where they're soliciting donations. COMMISSIONER HALAS: Exactly. CHAIRMAN FIALA: I'll second that motion. All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Okay. Now, did you want to propose a second motion? COMMISSIONER COYLE: No, no. I think it was Commissioner Coletta's second motion. COMMISSIONER COLETTA: I seem to have the floor. I'll tell you what, I'm going to -- I'll allow you to do this one. I'll be more Page 71 December 14,2004 than happy to second it. I don't want to dominate the -- COMMISSIONER COYLE: I'm not going to do it because I disagree with you. But go ahead, somebody else can do it. COMMISSIONER HENNING: I'll do it. Make a motion to direct county attorney to bring back a resolution for a board-sanctioned committee to give direction on the land use and potential funding sources for the Fleischmann property, also known as Caribbean Zoo, and the 120 acres associated with it. CHAIRMAN FIALA: Okay. I have a motion on the floor. COMMISSIONER COLETTA: I'll second it for discussion purposes. I think you're going in the right direction. I just want to make sure it covered what we need to do to get there. It doesn't address the present Blue Ribbon Committee as an entity that can still exist after the fact. I think that's something that should come back for consideration, too, at that time. COMMISSIONER HENNING: It's not a -- sanctioned by the Board of Commissioners, so they can -- COMMISSIONER COLETTA: They can do what they want, okay, I agree. COMMISSIONER HALAS: They can do what they want. COMMISSIONER HENNING: They can exist if they want. They can also apply for a sanction by the Board of Commissioners. COMMISSIONER COLETTA: You're correct. COMMISSIONER HENNING: But in my personal opinion, I'll be looking at the potential of conflicts out there on members. COMMISSIONER COLETTA: I hear you, Commissioner Henning. You're right. And I second it. CHAIRMAN FIALA: So just -- we have a second on there. And I think it's very important that we are sensitive to that issue of conflict, even though none of us ever would think that anybody on the committee has a conflict, it's amazing how it can be painted differently. Page 72 December 14,2004 COMMISSIONER HALAS: Perceived. COMMISSIONER COLETTA: Perceived. MS. PROSSER: Perception can be reality. CHAIRMAN FIALA: Oh, my goodness, yes. And we don't want anything to upset the beautiful direction in which you're traveling, and so that is something important to consider, even though we would have no -- no feeling of that ourselves. Commissioner Coyle? COMMISSIONER COYLE: Either I'm not expressing myself clearly or -- COMMISSIONER HENNING: I heard you. COMMISSIONER COYLE: -- maybe we're having some difficulty really understanding what conflict of interest is. But let me paint you a picture. Let's suppose we set up an officially sanctioned committee and that committee, as Commissioner Henning has defined, would be to go out and try to find additional funding sources to help pay for this, and they go to the Collier Company and they ask them for a contribution of $500,000. Do you think the Collier family is going to do that when they have to come in here and petition us for development orders, PUDs? No. They would be crazy to do that, because you've got an officially sanctioned government agency going out soliciting money from people who are coming here to ask us for approval. CHAIRMAN FIALA: So what would you -- COMMISSIONER COYLE: So you completely eliminate the opportunity to get funding from some of the biggest contributors in Collier County. But now, if the Conservancy were to go to them and say, will you contribute money for this purpose, that's an entirely different issue. And I just think the board is being very shortsighted in an effort to solve an imagined conflict of interest, which, by the way, we can Page 73 December 14, 2004 solve in lots of other ways. But I just -- I just cannot believe that you would want to put yourself in that kind of position for raising money to support this. I think you doom the effort by doing that. CHAIRMAN FIALA: Well, give me a solution then instead -- COMMISSIONER COYLE: Well-- CHAIRMAN FIALA: -- because we have received mail regarding conflict. What would you do to solve the problem? COMMISSIONER COYLE: Well, let me -- let me say this. I have seen a vote of 73 percent of the people who wanted to do this, and I have seen a very, very small number of people who are complaining about conflict of interest, and it's generally people who don't really understand what a conflict of interest is and might very well disagree with the concept in the first place. CHAIRMAN FIALA: Okay. You haven't given me a solution, but Commissioner Coletta, you might have one. COMMISSIONER COLETTA: Well, I think when we -- it comes back, we'll be discussing all the options. I don't think there's a problem with somebody working with a sanctioned committee or working with the Conservancy and the Conservancy coming back with whatever it is. It's wide open. I don't think we ever shut the door on anything. Let's bring it back, let's get the discussion going. The thing is to make this work. It's not to impede it or anything. The only thing I'd like to see is direction given to staff, is that we recognize the urgency of the situation and would like it brought back at the earliest possible time. CHAIRMAN FIALA: Okay, fine. Commissioner Henning? COMMISSIONER HENNING: The -- we don't know what we want to use this land for. We've seen three concepts. There might be more out there. Page 74 December 14,2004 My envision (sic) is this sanction committee would take a look at that. And like Ms. Prosser said, is Big Cypress Basin could be a partner in this, and that's what I'm talking about. I'm not talking about going to developers. And -- for this committee, and I just find it offensive that because we have one member on the losing side on the Board of Commissioners, that the personal attack is really not necessary . CHAIRMAN FIALA: Commissioner-- COMMISSIONER COYLE: Well, there's no personal attack. The point is that you specifically said that the purpose was to get members of the public to contribute to this, okay? COMMISSIONER HENNING: Can I make a motion? COMMISSIONER COYLE: And members of the public includes developers or anybody else. COMMISSIONER HENNING: I didn't say that in the motion. That was a previous discussion, Commissioner Coyle, and I just view it as, you know, different than the majority of the Board of Commissioners, and that wasn't my thought on this motion of going to development for contributions. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: I think when this is brought back, I hope that we have a complete information package, also information from the county attorney's office in regards to legalities, what we can do, what we can't do, case law stated, the whole nine yards, so we've got real direction in which direction we're going to go. CHAIRMAN FIALA: Okay, fine. So we will be bringing this issue back -- COMMISSIONER COYLE: Yep. CHAIRMAN FIALA: -- for further discussion at another time. Thank you, Kathy, for all the hard work you've already done. Can you give us a date, Mr. Mudd? MR. MUDD: Commissioner, I'd like the board to tell me if Page 75 December 14, 2004 they're all in favor of this motion yet. You have a motion for the county attorney to -- for a resolution for committee makeup for uses of the property, is basically what I wrote down on this particular issue, and it's there. Did it go for a vote yet or is it still -- CHAIRMAN FIALA: No. COMMISSIONER HENNING: Still hasn't been voted on. CHAIRMAN FIALA: That was your -- COMMISSIONER COLETTA: Oh, no, it was Henning -- Commissioner Henning's motion, and I seconded it. CHAIRMAN FIALA: And you seconded it. COMMISSIONER COYLE: I've got a clarification. If that's what the vote is about, I'll vote for it, okay? If that's what the motion was, I'll vote for it. COMMISSIONER COLETTA: I'm sorry. Commissioner Henning, would you tell me, did it also include the fact that they were going to be looking at the funding apparatus of the whole thing, where it's coming from? I mean, you can't divorce one from the other totally. It doesn't preclude somebody else going out there and securing funds. COMMISSIONER HENNING: That was part of my motion, just to clarify it. It's not for the sanction committee to go out for private, in this example that was given, development, the Colliers, or something like that. That was not part of the motion. CHAIRMAN FIALA: Could you restate -- COMMISSIONER HENNING: To further clarify it, it is like Big Cypress Basin, the land trust, that type of organization, for this potential funding sources once we know a guaranteed price. CHAIRMAN FIALA: Okay. So let's -- COMMISSIONER HALAS: I'm confused. CHAIRMAN FIALA: Is everybody clear on this motion -- COMMISSIONER HENNING: You're confused? COMMISSIONER HALAS: No, I'm not. CHAIRMAN FIALA: -- or would you like to hear it one more Page 76 December 14, 2004 time? COMMISSIONER HENNING: I made a motion to direct the county attorney to prepare an ordinance for a sanctioned committee to take a look at the land uses on this and seek funding from government. An example would be, on the private sector, would be the land trust. CHAIRMAN FIALA: Okay. And that is your second? COMMISSIONER COLETTA: Yes, but it's my -- I'll agree to it, but I just have a question. Where does the other donations come through? How are they channeled to reach this? COMMISSIONER HENNING: You've got an interested party right next door, the Conservancy, you've got the city council members individually. COMMISSIONER COLETTA: Okay. I see, I see. I see where you're coming from, and I understand, and I understand where -- that part. You can't make that part of the motion, but I understand where you're coming from now. I agree. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: And if the intent is to make sure that it's not involved in fundraising but evaluating grants and other governmental sources of funding, I would agree with you, too. CHAIRMAN FIALA: Okay. Is that the intent, Commissioner Henning? COMMISSIONER HENNING: Well, I don't think the public-- correct me if I'm wrong about the public land trust. That's a not- for-profit organization, correct? MS. PROSSER: Correct. COMMISSIONER HENNING: So we want to exclude them out from this? COMMISSIONER COLETTA: No. COMMISSIONER HENNING: I don't think so. CHAIRMAN FIALA: No, I don't think that that's -- but that isn't -- he just means like private companies that we would do business Page 77 December 14,2004 with. He's not talking about governmental -- even though it's in 501 (C)(3), it's -- I think we consider it as governmental because -- it might not be, but, you know, it kind of feels that way because it isn't anything locally here. MS. PROSSER: May I ask a question -- CHAIRMAN FIALA: Sure. MS. PROSSER: -- at this point? And hopefully it's a question that might clarify. What I'm -- what I'm hearing is the suggestion that . you form an official committee at some point in the future whose job will be to work with government entities such as Florida Communities Trust, Florida Forever, and so forth, to try and bring supplemental money to the table; meanwhile, you are just saying the blue ribbon panel can continue to work in any configuration it chooses with support of the county staff and that you would prefer that that committee work on private donations? COMMISSIONER HALAS: That's correct. MS. PROSSER: Is that what I'm hearing? COMMISSIONER HALAS: Yes. CHAIRMAN FIALA: Yes. Everybody's nodding in agreement; is that correct? COMMISSIONER HALAS: That's correct. COMMISSIONER COYLE: That's what I understand the motion to be. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: I call the motion. CHAIRMAN FIALA: Okay. All those in favor, signify by saYIng aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. Page 78 December 14,2004 CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: 5-0. MS. PROSSER: May I, just for the record -- because it's been brought up so many times today, and I really appreciate all of your comments about the conflict of interest not being a reality but the perception being there. So I just want to go on the record as saying the Conservancy has been interested in purchasing this land since the day I set foot in Collier County over four years ago, long before this was ever an Issue. The Conservancy, however, will not directly benefit in any way, shape, or form from what happens here. You know, it abuts us on three sides, this land, including the zoo. But in terms of a direct benefit to the Conservancy, that is not the case, so I just wanted it stated for the record. And I thank you very much. CHAIRMAN FIALA: Thank you. And we'll see you back at a meeting soon. Okay. MS. PROSSER: Okay. CHAIRMAN FIALA: Thank you. MR. MUDD: Yes, ma'am. Item #8A RESOLUTION 2004-384: CRA RECOMMENDATION TO EXP AND THE BOUNDARIES OF THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA TO INCLUDE THE ENTIRETY OF PARCELS INADVERTENTLY BISECTED BY That brings us to item 8A, and that's a recommendation by the Community Development Agency, CRA, to the Board of County Commissioners, the BCC, to expand the boundaries of the Immokalee Page 79 ,.....^.-,.,.;---.-'.- --------- ,. December 14,2004 Community Redevelopment Area to include the entirety of parcels inadvertently bisected by the present boundary. State your name for the record, sir. MR. MOSS: Good morning, Commissioners. John David Moss, comprehensive planning. Six months ago the boundaries of the Immokalee redevelopment area were expanded, and that expansion included those parcels, and -- or those two map sections, rather, and as a result of the expansion, four parcels were bisected by the boundary line. Consequently, when the property appraiser's office began figuring the taxes, they were unsure about where to deposit the funds, whether they would go to the Immokalee redevelopment fund or whether they'd go to the county's general fund. And so they asked us to come before you to clarify this matter. And while we were doing that, they asked if we could also go ahead and clarify some other parcels that they found problematic, and those are the ones that are in the southeastern comer, right there. The staff of comprehensive planning did a site visit and determined that the properties do meet the statutory requirements for blight, and is recommending that they be included into the expanded area. All told, the taxable value of these properties is $302,000, which represents approximately $4,338 in ad valorem taxes. CHAIRMAN FIALA: Are these vacant properties? MR. MOSS: Yes. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Motion to approve. CHAIRMAN FIALA: Second. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor -- COMMISSIONER COLETTA: Wait. There might be a speaker. Page 80 ".-",._^-~" ...,~-~-_.- December 14,2004 MS. FILSON: No. CHAIRMAN FIALA: Oh. Is there a speaker? COMMISSIONER COLETTA: Okay, there isn't. I'm sorry. CHAIRMAN FIALA: I need to close the public hearing then before we take a final vote. Thank you. All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you. Item #8B PUDZ-2004-AR-5220: LAND DEVELOPMENT GROUP, LLC, REPRESENTED BY RONALD NINO, AICP, OF VANASSE DA YLOR, LLP, REQUESTING A REZONE FROM RURAL AGRICUL TURAL (A) ZONING TO MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD) FOR A PROJECT TO BE KNOWN AS THE BUCKLEY MIXED USE PUD TO ALLOW FOR MIXED-USE COMMERCIAL AND RESIDENTIAL DEVELOPMENT. THE PUD IS PROPOSED FOR A MAXIMUM OF 251 RESIDENTIAL DWELLING UNITS, A MAXIMUM OF 74,230 SQUARE FEET OF RETAIL COMMERCIAL, AND A MAXIMUM OF 97,070 SQUARE FEET OF OFFICE COMMERCIAL USES. THE PROPERTY IS LOCATED AT 7501 AIRPORT-PULLING ROAD, IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF AIRPORT-PULLING ROAD AND ORANGE BLOSSOM DRIVE, NORTH OF THE COLLIER Page 81 --"".,-----,.._" -,.-.<<,,,--...,...,-....--,<, December 14, 2004 COUNTY REGIONAL LIBRARY, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 22.84::l:: ACRES. MOTION TO APPROVE WI DENSITY AND HEIGHT CONDITIONS - DENIED; MOTION TO RECONSIDER - APPROVED; MOTION TO BRING BACK TO A LATER BCC MEETING OF JANUARY 25,2005 WI ADDITIONAL INFORMATION FROM STAFF, AND PETITIONER TO PAY FOR RE-ADVERTISING COSTS - MER OVEn MR. MUDD: Commissioner, that brings us to the next item, which is 8B. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's PUDZ-2002-AR-5220, Land Development Group, LLC, represented by Ronald Nino, AICP, of Vanasse Daylor, LLP, requesting a rezone from rural agricultural A zoning to mixed-use planned unit development MUPUD for a project to be known as the Buckley mixed-use PUD to allow for mixed-use commercial and residential development. The PUD is proposed for a maximum of 251 residential dwelling units, a maximum of 74,230 square feet of retail commercial, and a maximum of 97,070 square feet of office commercial uses. The property is located at 7501 Airport-Pulling Road in the northwest quadrant of the intersection of Airport-Pulling Road and Orange Blossom Drive, north of the Collier County Regional Library in Section 2, Township 49 south, Range 25 east, Collier County, Florida, consisting of 22.84 plus or minus acres. CHAIRMAN FIALA: Thank you. Will all those in the audience who are going to be speaking on this particular agenda item, please stand to be sworn in. (The speakers were duly sworn.) CHAIRMAN FIALA: Okay. Thank you. Page 82 December 14, 2004 And, Commissioners, ex parte declaration. Let's start with you, Commissioner Halas. COMMISSIONER HALAS: Okay. Thank you, sure. I have had meetings with both the petitioner and also the surrounding community, and I've also received emails on this particular project. CHAIRMAN FIALA: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I have also had meetings, correspondence, emails, and phone calls, and my file's available to anyone that wishes to see it. CHAIRMAN FIALA: Thank you. I, too, have had meetings, emails, calls, and correspondence, and I have them all in this packet for public viewing. Commissioner Coyle? COMMISSIONER COYLE: I've had meetings with the petitioner as well as some of the neighbors, correspondence and emails concerning this issue that are in my packet. CHAIRMAN FIALA: And Commissioner Henning? COMMISSIONER HENNING: I received some emails from the neighbors on this petition, and also on the Smart Growth Committee, there was an architectural renderance (sic) and potential uses on this property that I did view. CHAIRMAN FIALA: Okay. Thank you. Proceed. MR. YOV ANOVICH: Good morning. For the record, Rich Y ovanovich on behalf of the petitioner. With me today also, if you have questions, are Ron Nino, who's the planner for the project; Bob Mitchell, who's the landscape architect for the project; Reed Jarvi, who's our transportation consultant for the project; and also with the purchaser are Joe D'Jamoos, Andy D'Jamoos, and Brad Guarino. I represent the seller of the property, Buckley Enterprises, and it's my responsibility to take this project through the prezoning of the Page 83 December 14,2004 property. Mr. D'Jamoos' entity has a contract to purchase the property . I'll give you a brief history and then take you through the project pretty quickly. And then if you have any questions, we'll be able to answer them. This project started with a comprehensive plan amendment that was adopted by the board in May 2002, and that's the Buckley mixed-use subdistrict. Shortly after the subdistrict was adopted, the homeowners' association for Emerald Lakes filed a challenge to the adoption of that comprehensive plan amendment. We went through the administrative hearing process, and the property owner prevailed, and that decision was appealed. We -- we then sat down with the residents of Emerald Lakes and said, listen, we want to address your concerns because we think -- I think they were more opposed to the compo plan amendment out of fear of not knowing what could happen versus, you know, the adoption of the comprehensive plan amendment. So we met with the residents -- with the homeowners' association representatives about what was proposed on the project, and that changed from the original adoption of the comprehensive plan amendment to -- to when we sat down with them. The original proposed developer, it was -- who wanted to do a more intensive residential development, more of an apartment-style complex, pulled out, and Mr. D'Jamoos came into the picture, who wanted to do a different type of project, a higher-end residential, combined with both office and retail. And we sat down with the residents of Emerald Lakes through their association and reached a settlement agreement, something that made them happy, something that made the -- Mr. D'Jamoos' group happy, and we reached a settlement agreement, we finalized that, and we were coming through the process to do the PUD. So I'll take you through the SDP and explain to you how we Page 84 December 14,2004 addressed the concerns of the association. The compo plan amendment would have allowed us to ask for up to 15 units per acre. The residents were concerned with that level of intensity. And through the settlement agreement, we agreed that we would not ask for more than 11 units per acre, and that's what the PUD proposal in front of you is, a maximum of 11 units per acre. They were concerned about setback from the -- from our western property boundary, their eastern property boundary. And we agreed to increase the setback to 100 -- a minimum of 100 feet. So we increased the setback which would -- which would work towards helping the visualization of our project in keeping the project away from the people that lived on the eastern sides of Emerald Lakes. There was also a concern that -- regarding the buffer. They wanted an eight-foot wall that basically ran the entire length of our western property line, and we agreed to the eight-foot wall. They also had concerns that there be a wall along our northern property line, and we agreed to a six-foot wall there. We -- so we went through the process with them, and we basically addressed their concerns about intensity on the project. They wanted to make sure that we didn't exceed 11 units per acre. They also had some comfort in knowing that -- they kind of know what the project's going to look like because Mr. D'Jamoos had developed the Galleria, so they knew he was a local developer. They had a real-life example of the quality of the architecture for the other projects he's done. And we met with them to talk about the architecture for this particular project. And it's going to be a mixed-use project that, on many of the buildings, not all of them, but many of the building will have either office and/or retail on the first floor and residential on the second and third floors. There are some -- there are buildings that are exclusively residential buildings, but a large majority of the buildings are a Page 85 December 14,2004 mixture of, again, either office, retail, or -- and residential. So we showed them the architecture of what we had proposed, and they liked the architecture, and they have an example of seeing the Galleria, so they knew that they were going to get that level of quality of architecture. It wasn't somebody new to the neighborhood. So when we sat down with the residents of Emerald Lakes they were -- they were very -- we reached a very reasonable settlement. We didn't get everything we wanted, they didn't get everything they wanted, but we all got a good quality project, and that's what everybody wanted. You know, the developer wants to do a good quality project, and the residents of Emerald Lakes want a good quality project next to them because, one, we want them to come use our retail and office uses, and, two, it helps our property values, and it will help their property values if we all strive to do a good quality project. We are on -- we're on approximately 22.84 acres. We're asking for a maximum of 251 dwelling units, which is 11 units per acre, 74,000 -- a maximum of 74,230 square feet of retail, and a maximum of 97,070 square feet of office. Now, the master plan attached to the PUD is a representative example. It tells you where the buildings are, but it also is a representative example of the -- what could happen as far as development goes. Under this plan, if we do all of the retail and office, we will only achieve 204 residential units, which is approximately nine units per acre. If we want to go more than nine units per acre, we'll have to reduce either the office or retail to increase the residential density, but we can never exceed 251 residential units. But to get above the 204, we're showing you right now, we're going to have to reduce either office or retail to make that happen. So you can see that we will not be able to achieve a maximum of both of those development parameters through the ultimate site planning of Page 86 December 14, 2004 this project. We continued our hearing in front of the planning commission because we had been informed that some of the residents who are on the eastern portion of Emerald Lakes had some concerns with our project. We had a meeting with five or six residents and we asked them, what were their concerns, and we wanted to give them the details of our project because we were fairly certain that they didn't know the details of our project. When we met with them and explained that we were 100 foot back -- minimum 100- foot setback, that this was the type of architecture we were looking at doing, their primary concern was, they didn't want balconies facing their property. So we agreed that we would have no balconies so there wouldn't be people looking over. And I didn't think they could see over the hedge in the first place, but since we agreed there will be no balconies, you don't have to worry about that. There will be no balconies on the eastern boundary, so we addressed that concern to give them some additional privacy. I do want to point out that if you drive into Emerald Lakes, you'll see that you have 100 -- we have our 100- foot setback here, then they have their substantial Areca palm hedge, then they have a ro -- they have their road, and then you have their front yards, and then you have their homes, their front door. And most -- those homes all front on a lake in their rear yard, so really the living area -- their homes are focussed to the rear of the house so they'll take advantage of the lake view. So we do believe that we're in no way hindering or hurting their lively -- their peaceful enjoyment of their home the way we have structured this project. We went through the planning commission. The planning commission unanimously recommended approval. They had a few stipulations that were included in the motion that we have no obj ection to. I believe that's a good summary of the project, and if you have any specific questions of me, I'll be happy to answer them, otherwise we Page 87 ..._"'__"'_.",._..u__"<._'~'~ .~ December 14,2004 request that the Board of County Commissioners vote in favor of our PUD. MR. MUDD: Commissioner-- CHAIRMAN FIALA: Usually we like to hold our questions until after staffs presentation. MR. MUDD: Just for the record, I want to make sure that we all understand that the no balconies is on the west side, not the east side. We'll work the directional thing with you later. MR. YOV ANOVICH: I've always had -- I've always been -- that's why I'm not a surveyor. CHAIRMAN FIALA: Thank you. And we'll ask questions as soon as we hear from staff. MS. DESELEM: Good morning. For the record, my name is Kay Deselem. I am a principal planner with the zoning and land development review section. And we have submitted our recommendations to you in the form of our staff report, and you also have the executive summary. Generally speaking, we have recommended this be deemed consistent with the GMP, and we're recommending approval with the limitations found in the PUD document; however, I know that transportation, Norm Feder, wishes to address you, because he has some concerns about some of the things in the PUD document that were recommended by the planning commission, and Margie Student has some issues with the actual PUD document and some changes that need to be made to that. So unless you have specific questions for me, I will let Norm Feder address his transportation issues. CHAIRMAN FIALA: Thank you. MR. FEDER: Commissioners, good morning. Norman Feder, transportation administrator, for the record. We have a concern, as is noted, under the recommendations with the provision that was added by the planning commission that said that Page 88 ."-........_--,,--_..,~'_.__._...._"...~._'"."".." December 14, 2004 there be -- encourage to be a signal about midpoint on this proj ect on Airport Road. We would note at this time that, first of all, in a PUD, that it's premature to make a strong statement of encouraging this signal be placed. And more importantly, even if signal warrants are met, that there are concerns about spacing the signal given current signals that exist out there today where this signal would basically be at a quarter mile spacing where we have already Pelican Marsh, Vanderbilt Beach Road, as well as Emerald, as well as Orange Blossom. So we'd request that that one provision recommended by the planning commission not be added in encouraging that a signal be placed for this development, and that's our major concern. We would encourage, although we realize there's some limitation to that, anywhere where they could pursue interconnection, that be pursued. Otherwise, as with many developments in the county, they may have to have right-in, right-out with a provision to go in and make the turn-around at one of the signalized intersections. CHAIRMAN FIALA: Stay handy, because after -- we have three speakers. And then after that, others might have questions for you. MR. FEDER: Thank you. CHAIRMAN FIALA: Thank you. Our speakers, please. Or I'm MS. FILSON: The first speaker -- CHAIRMAN FIALA: -- sorry. Here's Margie. She -- I'm sorry. MS. STUDENT: Thank you. For the record, Marjorie Student, assistant county attorney. And these are just some standard things that we find in PUD documents and the meaning that did not appear in this one, and also a change, because there's an incorrect reference in the definition of land development code on page 8 in paragraph 2.2A to the code of laws and ordinances as part of the definition of LDC, and that should just be stricken. Page 89 December 14, 2004 And then on page 12, paragraph 2.12A6, instead of a reference to the zoning director, it should be the board of zoning appeals there in paragraph 9 where there's a reference to any other use which is comparable in nature. And finally -- just bear with me a moment -- in the general development commitments, in paragraph 4.2, and that would be on page 19 of the PUD document, we always reference state and local laws and codes and regulations applicable to the PUD, and we always say when they are in effect, and our standard language is in effect at the time of approval of the development permit to which the regulations relate. I've discussed these matters with Mr. Nino and also Mr. Y ovanovich, and they don't have any objection. And just by way of generalities, there are some typos and commas and references to PUD that should be MUPUD that will be corrected in the document. Thank you. CHAIRMAN FIALA: Thank you, Margie. And now we have three speakers. MS. FILSON : Yes, ma'am. The first speaker is Claire Goff. She will be followed by F orest Wainscott. MS. GOFF: Good morning. My name is Claire Goff. I'm the president of the homeowners' association as well as the residents' association in Emerald Lakes. And I think Mr. Y ovanovich pointed out to you rather clearly what we've been over -- gone through for the last two and a half years. And I was active in this whole process and followed it all the way through. And it -- he has stated to you -- and that's exactly where the associations are at this point -- that we came to an agreement just over a year ago, and while nobody is 100 percent happy ever with any given agreement, that we felt that the development was going to be something that we could live with. Page 90 December 14, 2004 So I am here on behalf of the association today to recommend that the county commissioners approve this development. CHAIRMAN FIALA: Thank you. MS. FILSON: The next speaker is Forest Wainscott. He will be followed by Sidney Showalter. MR. WAINSCOTT: Good morning, Commissioners. My name is Forest Wainscott, and I am a resident of Emerald Lakes. I've reviewed the PUD, and it's already been stated what it-- what it proposes. The site is presently zoned rural agricultural. And if you look at the master plan zoning for this area, it's to be residential with a maximum density of three dwelling units per acre. The surrounding area that we're talking about is entirely devoted to low density residential units with the only exception being Brighton Gardens and the Collier County Library and the commercial comer at Vanderbilt and Airport Road. All the buildings in this area are less than 35 feet maximum height from ground to the top of the roof. This includes Brighton Gardens, the commercial comer, and even the Greek Orthodox church across Airport Road. The homes directly adjacent to the Buckley property are primarily one-story homes with a height of 18 and a half feet and a few -- actually, two two-story homes with a height of24 and a half feet. The proposed buildings on the Buckley site are to have a maximum height of 45 feet for the code regulations, which means, if you look at the image there, they're going to wind up being 60 or 70 feet high, and they dwarf all the other buildings in the area. The developer stated that he agreed to 100- foot setback from the property line, or the Emerald Lakes property line, so as not to be so objectionable to the neighboring homes, but consider that the front of these homes is less than 50 feet from the property line. How would you like to have a 60- or 70-foot apartment building right in your front Page 91 December 14, 2004 yard, or almost in your front yard? I know I've emailed you a number of times. I'd like to go on to say that this is all being proposed as basically a rental unit. The PUD states that, the one that I reviewed, states that all the units would be rental units and a model sales and rental office would be proposed along with model dwelling units. If you look at this, all -- the internal roadways and the parking areas are basically the open -- the primary open space, and the only plant life on the site appears to be relegated to the setback areas. The proposal surround -- the proposal said the entire site would be surrounded by 1,027 parking spaces, and it's essentially devoid of any amenities for the future residents. Three proposed entrances and exits were proposed for Airport Road, but all the traffic would have to be entering to this southbound and all the traffic would have to exit southbound, which would really tend to make a real mess in that area because anybody who wanted to use this facility and going the other direction would have to make a U-turn somewhere on Airport Road, and there aren't many places. Additionally, the PUD takes exception to design standards for subdivision practice and regulations and substitutes site-specific standards by the developer. These exceptions include street right-of-way, pavement widths, sidewalks, and other specific infrastructure as may be specified by the developer. The PUD has defined the development of this site as a concept, and once approved, reserves the right to amend it as the developer sees fit, as long as it falls within the general definition of intent of development. What is being proposed here is a high-density mid-rise and commercial complex in the middle of a low-density residential unit. I feel it's an abomination of the zoning process to consider that this proposal has moved this far. The Buckley site is really comparable to the Banyan Wood site, Page 92 ----.--,--,'.- .. -----_.~. December 14,2004 which is located further south on Pine Ridge -- up on Airport Road below Pine Ridge, it's a similar low-density residential area and should be handled the same way. It should be noted that the Pulling site, which is on the comer of Airport and Orange Blossom Road, was recently zoned last year and remained within the density requirements of four dwelling units per acres with only limited commercial space, you know, at the intersection of Orange Blossom and Airport. I'm not opposed to the future development of the Buckley site but pray that the county commissioners would adhere to the master plan and zone it accordingly. Thank you. MS. FILSON: Your final speaker is Sidney Showalter. CHAIRMAN FIALA: Mr. Showalter, let me interrupt you and say, I believe you were out of the room when we swore in anyone who wanted to speak, so can we do that now, please. (The speaker was duly sworn.) CHAIRMAN FIALA: Thank you. MR. SHOW ALTER: My name's Sidney Showalter, and I live at Emerald Lakes. As a matter of fact, I live right in this area here, right in here. And I'm one of 25 people whose property faces directly into the Buckley property. And I would say I have a lot of respect for the developer. He's done a fine job over there. But just, we don't want to necessarily have to look at tall buildings when we look out in the morning, because that's where the sun comes from when we get our morning sun through the existing Areca palms. I've got a little presentation here, if I can find it. Okay. We basically were developed -- started back in the 1980's, and this is the properties that are around us. There's a commercial property on the north side that has -- backing up to us has a one-story building and has three stories along Vanderbilt Beach Road, or Page 93 December 14,2004 Vanderbilt -- yeah, and then Harbor Chase, which is on the right side there. It has three stories along Airport Road, and back behind, facing us, it has a one -- it goes down to a one-story building. The library is probably about three stories on the top -- on the front along Airport Road, and the back of the property there is like 19 feet. This is -- shows the setback of the 60 feet that they're talking about there. This is the height of the property there. It's about 10 feet there at the front, and it goes back to where -- it's kind of a low slung roof there. So it doesn't create much of a line of sight that's any problem. The library there, it sets about 200 feet from the nearest house. And when you put that on the line of sight, it's not a factor either. Not very pretty from the back but it's there. See here's the 19 feet. Now here's a comparison of the three -- the four properties. The Harbour Court is the one that's immediately to the north of the Buckley property, the library's the south, that commercial property is the one on the north. And that is what -- I did this on a CAD drawing here, and it shows about 55-foot height of the building, and you go back, eyeball sight is about five feet, so you see that on the left. That shows you the different comparisons of the line of sight. N ow I've got one here which, if we can -- can we put this on here? MR. MUDD: Sure. MR. SHOWALTER: Just the bottom one there is fine. Okay. When you combine those all together -- okay, that's -- we're on there now, okay. You have the different heights. What I've done there is, I went out and measured the other day the height of the tree, and I've got a digital picture I can show you there. That's the Areca palm and where it sits. It's about 24, 25 feet high. And you go back to the back, the line of sight from five feet, like standing at the front of our buildings or homes, which would be Page 94 December 14, 2004 like our front door or front window looking out, the Areca palm will just barely cover the top of 55 feet. If it goes higher, it's going to be sticking up there. And the main -- you know, main thing we're concerned about is, we don't have our sun we used to have. Can we switch this back to -- MR. MUDD: Sure. MR. SHOWALTER: -- over here? Okay. See, there you can see the comparison. That's the bottom of the example I think you have there. This is an example of the Areca palms, which are full in the bottom and they have a top on it, but through the middle, you can see a lot through there. And this is kind of typical. I've got a couple other picture there. See, they're filled at the bottom, and at the top -- it's hard to get a good picture because of the contrast of the light with the plants there. There's another one. So, you know, any property we see back there is going to be -- 50 or 60 feet high, we're going to be seeing it through there. A 14-foot tree is not going to make a whole lot of difference. You know, what are the alternatives? A one-story on the back, maybe a two-story or it's three-story. And if it's going to be a three-story, we have to deal with it. So that's what we're concerned about there. And I don't know what the solution is. The main thing, besides this we're concerned about, is the parking lights. And we've been told by the builder -- the developers that they should have some sides on them so we can't see them, because we were told that at the library also, and you can -- they're quite a nuisance if you live on the south side of our property and look out at the library. CHAIRMAN FIALA: Thank you, Mr. Showalter. We -- I'm glad you mentioned that as well. Okay. That's the last of our public speakers? Page 95 ,_.._---~---'>"-'-,.,-'~.. December 14,2004 MS. FILSON: Yes, ma'am. CHAIRMAN FIALA: Then I will close the public hearing. We have some questions first by Commissioner Coyle, then Commissioner Halas, then Commissioner Henning. Do you want them to ask questions, or did you want to have a couple minutes to -- MR. YOV ANOVICH: Yeah. If you wouldn't mind, I'd like to address just a couple of the points raised by the speakers, and maybe they'll answer your questions, maybe they won't, and then we'll handle your question, if that's okay with the chair. CHAIRMAN FIALA: Okay. MR. YOV ANOVICH: First of all, some of the statements made by Mr. Wainscott are not factually or legally correct. He is ignoring the fact that the comprehensive plan was amended to address the Buckley subdistrict. And we are specifically -- we are specifically consistent with the Buckley subdistrict that would allow for this type of mixed-use project, which will be the first one in Collier County where we're going to combine residential and commercial. So we're really the first one to try to do this, which has been a focus of the community character plan to try to encourage more of these types of developments. The only way to do that was to actually create a subdistrict that would allow for a residential and commercial mix that would work. So we are consistent with the compo plan, as Kay Deselem pointed out when she gave the staff comments. His statement that we'll be 60 to 75 feet high is also not correct. We are -- zoning height is 45 feet. Maximum actual height, which is the truth in advertising height, is 55 feet. And if you will, we're talking about 55 feet, we're talking about to the tippy top of these architectural embellishments. When you measure 45 feet, it's to the midpoint of the roof. So Page 96 December 14,2004 we're 45 feet to the midpoint of the roof. We're 55 feet to the tippy top of the architectural embellishments. And we believe that we need that extra height to allow for an architecturally pleasing project. And, you know, an architecturally pleasing project's going to add value to our project as well as add value to our neighbors'. So we're not asking for 75 feet. We're asking for 55 feet, and that was one of the stipulations that the planning commission included in their recommendations. The comment about this being an apartment building, I thought I addressed that early on. That was what the original developer wanted to do was an apartment complex. We're talking about a condominium proj ect, a higher end proj ect, not an entry level or even a mid level apartment complex, so we're not -- CHAIRMAN FIALA: So you're talking about a for sale product, not a rental product? MR. YOV ANOVICH: Yes. We're not talking about a rental development. We're talking about a for sale development. Traffic entering and going south, again, is not entirely accurate. We have designed our main entrance to line up with Lakeside, which is a full median opening right now, so we should able to have people coming north to our project and being able to go north again leaving our project. I didn't -- I didn't point this out, but it's in your -- in your documents. This originally was a request for a right-in, right-out. The residents of Lakeside were concerned that if we did allow right out movements, we would -- our traffic would try to weave over and do a U-turn at t~e full median opening and they didn't want us to compete with them, so we have -- this is only a right-in now, it's not a right-out. So we'll have traffic leaving either at this opening here or at our very southern opening. So I think the traffic comments were not -- were not completely accurate. Our calculation, front door to front door, from our western Page 97 December 14, 2004 boundary and their eastern boundary, is approximately 157 feet. And we have a 100- foot setback minimum. They have a right-of-way, then they have their front yards. So we think there's about 175 feet door to door as a separation. Weare three stories in height with a maximum of 45 feet. And again, I pointed out the maximum from ground to tippy top is 55 feet. I want to point out that -- my aerial is off, but it's okay. There's a couple of commercial projects next to us that also adjoin Emerald Lakes. Their maximum permitted height is 50 feet. So we are cons-- we are actually a little lower than the commercial properties that are zoned around them that could go to 50 feet. And even within the Emerald Lakes PUD itself, they can go to three stories. So we're asking for three stories, which we believe is consistent with what the PUD for Emerald Lakes allows. I think that hits the highlights of all the comments that were made and points we wanted to make, and we're available to answer any specific questions the commissioners may have. CHAIRMAN FIALA: Okay. And Mr. Feder, you had a comment to make right here? MR. FEDER: Yes. For the record again, Norman Feder. I want to clarify. First of all, you do not have a full median opening there. As noted, you have a directional, dual directional. We'd also point out that anybody leaving this development, if their desire was to go north, they can come down to Orange Blossom, go up to Goodlette- Frank, they can then take a left to go to Livingston or they can take a U-turn at the protective signal at Orange Blossom. Given our other spacing of signals, we could not address the spacing issue. And that's even here at a PUD level, which is not really the time to be dealing with whether or not there should be a signal in there. That's why we told you that we don't feel that discussion should be in the PUD to begin with. But, again, it is a directional opening, which would allow a left Page 98 December 14, 2004 turn into this property as exists today, allows a left into the property opposite as well, but is not a full opening, nor would we propose to make it a full opening, let alone a signalized one. CHAIRMAN FIALA: Okay. Now let me get to my commISSIoners. Commissioner Coyle? COMMISSIONER COYLE: Mr. Yovanovich, a couple of the questions that were asked of me when I met with some of the neighbors had to deal with the lights in the parking lot and an enhancement of the landscape buffer. What can you tell us about that? MR. YOV ANOVICH: Well, first of all, we -- obviously our lights are going to be prohibited from spilling over on their property. And, two, it would not be -- remember, we're a mixed-use project. We're talking about residential with retail. We've got people that are living there. We're not going to have lights that are going to affect their quality of life, too. So we don't believe that lighting is going to be a problem the way we're going to design this and also the code prohibitions for us actually having lights spill onto their property. You know we have -- I don't necessarily agree with what Mr. Show -- how Mr. Showalter characterized the Areca -- the Areca palm situation there. But we also -- we have -- we have designed our landscape plan to where, on its own, it will block the buildings. So if their Arecas ever died off or they decided, for some reason, they wanted to get rid of them, our landscape buffer alone would serve as the shield. So we look at it right now, they have two defenses to our project, if you will. They have their own Areca palms plus the quality of landscaping buffer that we're required to put into the proj ect. So we should -- we should definitely supplement or augment what they already have there. And if theirs would ever go away, they'll still be shielded. Page 99 December 14, 2004 COMMISSIONER COYLE: What will be the height of the light poles in the parking lots there? MR. YOV ANOVICH: I don't know. Right now we haven't gotten into that level of detail, but we're certainly going to have to shield our residences from too bright a lighting in the first place. I mean, we're going to -- we're going to have enough for security purposes for both the residential users and the retail and office users, but we're not going to have, you know, a glare problem for our own residents, let alone for the neighbors. COMMISSIONER COYLE: County manager, are there any specific provisions in the land development code that govern the height of lighting in residential parking lots? MR. MUDD: Well, Commissioner, you've got me on this one. COMMISSIONER COYLE: That's okay. MR. MUDD: I'm going to have to turn to Mr. Schmitt to see if he's got staff here that can answer that question here in the audience. COMMISSIONER HENNING: Deals with candle power and -- so I think it deals with it that way. MR. MUDD: I believe it -- I believe it has to do with lumens, but it doesn't necessarily get to the height issue. COMMISSIONER COYLE: Yeah. MR. MUDD: Can you help me? MS. DESELEM: For the record again, Kay Deselem. There are requirements in the architectural section of the LDC that limit the amount of light that can spill over. I believe the limitations may be 25 feet, but in no case is it allowed to exceed what would be required for safe lighting standards, and it's kind of a generic statement, I believe, that allows it to be whatever's required to meet that safe standard. But there are certain prohibitions from the light spilling over and they have to have it shielded to prevent that. COMMISSIONER COYLE: Okay. Thank you. MR. YOV ANOVICH: I would just point out that we're not Page 100 December 14,2004 talking about a big box retail user here. We're talking about more of a boutique, so we're not going to have the level of lighting you would find at a typical shopping center or something like that. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yes. It was stated -- I think you stated -- that the compo plan was changed. Do you know about what time the compo plan was changed for increasing density? MR. YOV ANOVICH: It was May, 2002. COMMISSIONER HALAS: May, 2002. Okay. And at that time the density was -- what was the density established at prior to the change in the compo plan? MR. YOVANOVICH: Well-- COMMISSIONER HALAS: From what to what? MR. YOV ANOVICH: -- you could have gone anywhere from, I believe, three to six units per acre, depending upon -- well, and if you did an affordable housing project, you might have been able to get to -- I think it was 11. COMMISSIONER HALAS: Okay. Now, you're talking about the landscape buffer that you're going to provide. Can you tell me in more detail what type of landscaping buffer that you're looking at here to enhance the landscaping so that it doesn't interfere with the people in Emerald Lakes? MR. BOB MITCHELL: Good morning, Bob Mitchell, landscape architect for the project. What I'd like to do is kind of describe looking from Emerald Lakes to the west, and work back towards the proj ect. MR. MUDD: You want to use this or you want to use this? MR. BOB MITCHELL: I can use this. MR. MUDD: Okay, fine. MR. BOB MITCHELL: They can see it on here. This portion of the drawing is a representation of the west side of the project. COMMISSIONER HALAS: That butts up against the Emerald Page 101 December 14, 2004 Lakes? MR. BOB MITCHELL: Yes. Emerald Lakes would be over here. COMMISSIONER HALAS: That's correct. MR. BOB MITCHELL: There's a match line, so this is one long design. This drawing up here is a cross-section through this, through this area here. So this would be -- COMMISSIONER HALAS: What is the height of the trees going to be? MR. BOB MITCHELL: Well, if you'll bear with me. Looking from this side back over here, this represents the existing Areca tree, and there are two lines showing that either from the sidewalk or up near the front of the buildings, the sight line clears way above the height of the buildings; however, as we saw before, there are a few slight openings. If you were standing over here looking straight across, the first thing you would see is the existing Areca buffer, immediately behind that -- and I'm going to begin to describe the level of enhancements -- would be a hedge to grow about six feet tall, be maintained at that the height, immediately behind that, an eight-foot wall. The purpose of the hedge is to buffer the eight-foot wall. So if you were looking straight across, it would be impossible to see any vehicles, any movement whatsoever at that level. Behind the wall would be a double row of trees. And what is proposed is an alternating grouping of magnolias and oak trees. So there'll be one row of oak trees, then over about 15 feet will be another row of oak trees or magnolias, and then coming up near the parking lot, there's another third row of vegetation, which includes royal palms with the idea that it could get very tall. And if for some reason you could even see a glimpse of the building, they'd be filtered by the top of the royal palms. Then there's the, in the parking lot, medians occasionally, a row Page 102 December 14,2004 of trees, and then on the opposite side. So there's like about six rows, layers, if you will, of vegetation. The existing Areca palm buffer does quite a good job right now, but then behind that there's just going to be layers and layers of enhanced planting. Any questions? COMMISSIONER HALAS: Yes. I've got a number of questions. Originally wasn't this project supposed to be designed two stories, and now we've got two stories over parking, which, in that sense, is three stories? MR. YOV ANOVICH: There was some discussion, but there was nothing included in the compo plan amendment that limited the height. When we met with the residents in trying to settle this to make sure that we made everybody happy, the trade-off for the two stories to go to three stories was the increase in setback to 100 feet versus something that could be closer. Even though it would be two stories, the set -- the increased setback plus the increased buffer and wall was __ and the architecture and the type of proj ect, when we talked about the entire site plan for the residents, the trade-off was to go to three stories there. COMMISSIONER HALAS: Okay. Question, you brought up in the earlier discussion here that the total height -- and you were pointing at the cupola -- and you said that that was going to be at 55 feet; is that correct? MR. YOV ANOVICH: That is correct. COMMISSIONER HALAS: So this is taller than the peaks of the roof; is that correct? MR. YOV ANOVICH: That is correct. COMMISSIONER HALAS: And what is the height of the roof then? MR. YOV ANOVICH: Again, we would -- do we know? We have not designed the buildings yet. Our design limitations now within Page 103 December 14, 2004 the PUD documents say we cannot design anything greater than 55 feet in height, top to bottom. COMMISSIONER HALAS: Okay. MR. YOV ANOVICH: So the roof could get to 55 feet and be equal to the cupola. It will probably be a little less. But we're trying to, you know, break up the buildings to make them look smaller. COMMISSIONER HALAS: I would like to see the roof heights lowered to 50. MR. YOV ANOVICH: The roof height; not the cupolas, but the roof height? COMMISSIONER HALAS: The roof height, exactly, 50 feet. MR. YOV ANOVICH: Okay. COMMISSIONER HALAS: Okay. The other that I'm concerned about is this whole corridor has a tremendous amount of traffic. And as we look at the build-out of this northeastern part of this quadrant in Collier County or in the urban area, I'm concerned about the density. And I know that we've looked at density issues as far east as 951, and we've recently just completed the widening of Airport Road at this point at six lanes, and I'm not sure what our future plans are, but I'm sure that we'll probably at least go to six lanes going north of that intersection of Vanderbilt Beach Road. I'd like to see -- I know you stated the density of 204 units, but I'd like to see a maximum put on that of 225 units instead of the 251 units. Because you're really -- what you said in your presentation was that you anticipate 204 units as probably the build-out, but then with the idea that you could have 251 units. And I think the density is far too great for there, and I'd like to see it lowered, if possible, at 225. MR. YOV ANOVICH: Well, Commissioner, we're talking about, you know, a project that's going to be the first one in Collier County to try this kind of mixed-use development. We thought that the 251 -- Page 104 December 14, 2004 the cap of 11 units per acre gave us flexibility to figure out what the market would support for this proj ect to be successful. COMMISSIONER HALAS: But you stated earlier 204 -- MR. YOV ANOVICH: Hang on a second. I understand. One-- this plan right now -- because remember, we're the first one to go through. You're seeing a lot more detail than you would ever see in a PUD, including, you're seeing -- you're seeing where the buildings are located, you're seeing the setbacks. Because right now -- and your planning commission pointed out, right now our development standards would allow us to go to 20 feet on Airport Road, but we came in with a specific site plan that shows a greater distance than 20 feet. And to increase that setback -- I mean, or decrease it to go closer to Airport Road, we've got to go to the planning commission before we can do that. So you're seeing a whole lot greater level of detail than you would normally see. We need the flexibility to interchange commercial and office for residential. Our traffic analysis was at 251 units. And under that traffic analysis, you did not have an issue under the comprehensive plan for traffic. We know we're not going to max out both the residential and the commercial and retail. We're just asking for the flexibility that -- you know, maybe we want to go to the 251 residential units and bring the office and retail down from the maximum number we're asking to some other number. It will work from a traffic transportation standpoint, and as long as we can have appropriate parking facilities, it will work from that standpoint. But from a market standpoint, we need that flexibility to make sure we have a project that will work. And since we're the first one to go through this process, I would hope there would not be limitations on our ability to be successful. COMMISSIONER HALAS: Well, I don't think we're here to stimy your success. I'm just looking at 204 units, and then you're Page 105 December 14,2004 looking for possibly a maximum of 251. What I'm concerned of is the congestion just in that 22 acres by itself. So I would hope that maybe we could limit this to 225. And I think you -- I think you'll accomplish the task that you really want to accomplish here. MR. YOV ANOVICH: Well, Commissioner, I believe -- and Reed can come up here and correct me if I'm wrong -- is that if we go to more residential units, we'll actually have less traffic than if we maximize the commercial. So it would actually -- from a traffic transportation standpoint, it would more beneficial if I put more residential units than maximizing the office and retail. COMMISSIONER HALAS: Okay. MR. YOV ANOVICH: So that was -- CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: I remember when Karen Bishop brought this forward for the growth management plan amendment with a lot of details. I remember Commissioner Coyle said the mistake was there was too much details in there. But I do remember when Karen Bishop stated, we're going to -- we need the density so we can offer a mixed-use product for residential, you know. Low income, median income, and higher income, and all we got here is higher income. But the reason that I supported it was because it was a mixed-use housing element, and there's nothing here that states that. So whatever the market bears, and you've stated that twice now. And I just want to tell you why I supported the growth management plan. It's a different animal coming back to us. MR. YOV ANOVICH: And, Commissioner, one of the issues we ran into was, the residents of Emerald Lakes did not want an affordable housing element next to them. COMMISSIONER HENNING: And I don't want a landfill in Page 106 December 14,2004 Golden Gate. MR. YOV ANOVICH: I understand that, Commissioner Henning, but what I'm saying, we met with the residences -- the residents to come up with a project that was palatable and would work for everybody. When Karen was speaking, there was a different developer who was looking at doing an apartment-type complex, not a for sale, more of a rental-type community, and that was not something that -- and it was also at 15 units per acre. That was something that the community did not want. It was clear to us the community did not want that. They wanted something with less density. They wanted it to be a for sale project. And that is -- it meets both -- it meets both needs. For us to be successful in this type of project, we're obviously going to have to have a blend at an appropriate price point for the residential and the commercial to work together to make it a venture that the private sector would want to take on and try to do. I mean, this is some unchartered waters, and there's a lot of risk involved. And this is a project that the community, our neighboring community, that was also at the meeting when the compo plan amendment was spoken about, didn't like a lot of what was being said and wanted some changes to be made. And we've -- I think we've met the -- we've met the needs of the community, not only to our immediate neighbor, but also Collier County community, by trying to do this project under these parameters. And, yes, it's a little different from what was originally proposed, but that's in response to trying to meet the needs of our immediate neighbor. COMMISSIONER HENNING: Right. And I think it's the charge of the Board of Commissioners to provide what's good for the community. And if we have entry-level housing there, you know, I believe the potential of even lowering the trips on the roads -- because you're going to have that retail office sector where the entry level or Page 107 December 14, 2004 median priced people are going to live, so -- I mean, really that's the reason I supported the request that was over four units per acre is because of that. And what -- the zoning you got, 15 units per acres, 11 units per acres besides commercial, it's -- the price of the land is why you need to do an upscale proj ect, in my opinion, where you're going to have condos for 3-, $400,000. It's not really government dictation. It's what the market is going to get for the land. And I don't -- I just think it's -- I mean, I can't support the project. CHAIRMAN FIALA: Okay. I have some questions, and then Commissioner Halas. We go back to the 11 units per acre. Was the three that you began with -- instead of four units per acres, was it three because of a traffic congested area? MR. YOV ANOVICH: Yeah, I believe -- I believe we're in -- it would be four minus one because of the traffic congestion area. CHAIRMAN FIALA: And then you added eight onto there for affordable housing density bonus? MR. YOV ANOVICH: Right, correct. CHAIRMAN FIALA: But these aren't affordable housing units. MR. YOV ANOVICH: That's correct. CHAIRMAN FIALA: You said, we don't believe the lights will bother anybody, but you can guarantee that, can't you? MR. YOV ANOVICH: Sure, yes. CHAIRMAN FIALA: Okay. Commissioner Halas asked-- MR. YOV ANOVICH: Within reason. I mean, I -- yes, we can say that we're not -- CHAIRMAN FIALA: You can shield them? MR. YOV ANOVICH: Y eah. We'll shield them, but I mean, that doesn't mean someone's not going to nit-pick it. CHAIRMAN FIALA: I just -- we don't believe -- MR. YOV ANOVICH: Right. I'm sorry, I didn't mean -- Page 108 ._~..__..,..-". ,,'-' .~--".. December 14, 2004 CHAIRMAN FIALA: -- you know, guarantee sounds so different, you know. MR. YOV ANOVICH: Right. I'm with you. CHAIRMAN FIALA: What height -- so you can guarantee it? MR. YOV ANOVICH: Yes. CHAIRMAN FIALA: What height -- Commissioner Halas asked what height the vegetation would be, and the gentleman so kindly told us what all vegetation he would be planting there, but you didn't say what height the trees would be or what height the bushes would be. You said when they grew out, they would be six feet tall, but where do they start? MR. YOV ANOVICH: The live oaks, when they're planted, will be between 12 and 14 feet; the southern magnolias would be between 10 and 12 feet when they're planted; the -- there's an ace -- is it Palatka holly that would be between 10 and 12 feet at planting; and royal palms, between 12 and 14 feet at planting, and then the hedge, that planting would be between 24 inches and 36 inches. That's on the plan that's attached to the PUD document. CHAIRMAN FIALA: Okay. I think you've answered all of my questions. So with -- maybe this to Norm. Being that there is -- this is a traffic congested area, Norm, TCA, then -- but we're giving them the affordable housing bonus but they're not building any affordable housing, how is that going to affect your concurrency? MR. FEDER: We just recently expanded Airport to six lanes. We have the capacity to address this development within the lanage that's out there. Our major concern though is the spot impact, as I've already addressed, in the idea of trying to require a signal. If you allow only right-in, right-out, there's plenty of access to turn around to the north, depending on your destination, as I pointed out. Goodlette- Frank, turn around at Airport, a protected signal, or up Livingston. If we don't open up beyond the directional openings that exist Page 109 December 14, 2004 today, we feel comfortable that Airport can handle the traffic. That's not to say that that should be granted by you. I'm just saying that we can handle it and we've looked at it in that manner. CHAIRMAN FIALA: Okay. Every time I see a TCA and then I see an affordable housing density bonus on it, it makes me very nervous. The reason it's a TCA in the first place is because they don't want any more units. They reduce it. And I just wanted to hear from our transportation administrator how he felt about that. Commissioner Halas and then Commissioner Coyle. COMMISSIONER HALAS: I have some -- as I said before, I have some real concerns on this whole project, so I'll let it be at that and find out where my other commissioners are on this. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: I merely want to address the issue of the growth management plan amendment so that everybody has a better understanding of why I opposed the growth management plan amendment at the time. It granted the density which is now being used as a right, okay? It granted affordable housing units in a TCA and it granted bonus density. And I opposed it because I thought that the density should be determined when some development was proposed rather than when we were considering a growth management plan amendment. And I still think that's the appropriate way to go, because when we approve a growth management plan amendment that guarantees high density, then it is a natural process for a petitioner to say, well, wait a minute, your growth management plan amendment says I can have 11, and I only want to build five or six or seven, so it's a reduction in density, and that's the reason I opposed the kind of detail that was approved in the growth management plan amendment. So I know that you were not here, and I just wanted to share that with you. COMMISSIONER HALAS: That's what I going to ask. So Page 110 December 14,2004 you're talking about the discussion that took place May, 2002? COMMISSIONER COYLE: That's right, that's right. COMMISSIONER HALAS: Thank you. COMMISSIONER COYLE: That's the reason that we -- that I brought it up at that time, and I was on the losing end of that argument. And I would hope that the board will look at this in the future when we have growth management plan amendments because this is -- COMMISSIONER HALAS: Definitely. CHAIRMAN FIALA: Lesson learned. COMMISSIONER COYLE: Yep. But otherwise, I don't object to the development. I think it -- it is the first mixed-use development we've got. It has been endorsed by the majority of the homeowners. You've done a lot to mitigate the concerns of the people. So I think it serves some useful purpose. But once again, I believe that the commissioner who represents the district in which this is located has a great deal to say about how this thing goes. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: And what you said is quite true, Commissioner Coyle. I'd like a little guidance from the county attorney. I mean, we're talking about setting the growth management plans, putting everything into place, and now we're talking about amending it here on the dais as using that for a possible reason to reject this application. Are we on solid grounds to even give that kind of consideration? MS. STUDENT: For the record, Marjorie Student, assistant county attorney. This is not the venue or the hearing to amend the growth management plan, but it's my understanding in my review with this with staff that the provision in the compo plan is silent about affordable housing, and I can have staff come up and address that. What you need to do when you're looking at zoning that Page 111 December 14,2004 implements the compo plan and case law -- it's Brevard -- the Brevard County case tells us that there has to be a connection with the public health, safety, welfare really to deny a project that comes in that's consistent with the compo plan. So to that end, you have criteria that are set forth in your staff report that address whether a project is out of scale with the neighborhood, whether it's compatible with the neighborhood, and those are findings based upon the evidence that's been presented to you today to make in determining whether or not to approve this project. COMMISSIONER COLETTA: But I'm sorry, I'm going to have to ask you again. The question is, is based upon what we've heard here today, if we were to find that the density was too high and recommend that, you know, it be rejected, would that be appropriate or not? MS. STUDENT: Well, the density is established in the comprehensive plan, and what you need to look at -- that's established in the plan and has been approved by this commission. What you need to look at are the criteria that exist in the land development code, and they are -- you find them in your staff report. And they are two sets of them, one for PUDs and one for rezoning, and we compress the two for the rezoning. That's what you're guided by. You don't necessarily say, the density is too high. You look at those criteria that are set forth in the staff report and make your motion based upon a finding as it relates to one or more of the criteria that would support the motion. But you don't say that the -- it's not said that the density's too high. It has to do with compatibility and whether the project is out of scale with the neighborhood and that type of thing. And as I stated, it's set forth there in your staff report. COMMISSIONER COLETTA: So then we have the right to be Page 112 December 14, 2004 able to redraw density at this point in time? I'm sorry, Marjorie -- MS. STUDENT: I wouldn't characterize -- it would not be characterized as redrawing density. It would be characterized as looking at the project in light of those criteria. And it doesn't really address density per se. What it does address is compatibility, whether the project is out of scale with the neighborhood or in the general area. It's not couched in terms of density. So the finding must be made based upon the criteria that's set forth in the land development code. COMMISSIONER COLETTA: Okay. I thank you very much, Margie. So my thing is that the density issue was not raised by the planning commission, it's not been raised by the residents. I don't think it's really a factor. We established a rule back in 2002 that basically, we -- we're bound to, in short, to stay with it until that point in time that we change it, and that's the reason that they came up with this particular development. I am a little confused on -- at the time I thought we were doing something that had to deal with affordable housing. I didn't realize that it was allowed across the board, or maybe I lost it as time went by. But I remember the reason I was supportive of it was because of the affordable housing issue, and I don't know how to comment past that. As long as the neighbors don't have a major objection to what's taking place in the neighborhood, as long as transportation doesn't have a major problem with what's taking place -- I do have a problem with even mentioning the fact that you could put a light in there at some time in the future. I don't think there should be any reference of it in there. That should be something that's dealt with. You know, it sounds like we're giving them a right to have a light there, and that could raise a major problem and set a precedence that would be never-ending. But I don't have any major problems with this. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: Marjorie, I appreciate the Page 113 ,----'"-"_... - December 14, 2004 clarification. Just to -- further conversation on that issue, when petitioner -- somebody petitions the county commission to change the growth management plan, what they say to the Board of Commissioners, doesn't that mean anything? MS. STUDENT: Yes, yes, it does. And what you have generally is what's presented in the compo plan amendment, which is presented to the Board of County Commissioners, and I just -- in reviewing this with staff, I had asked them to refresh my memory as to whether -- I don't believe I was here when the -- I think I was on vacation when this item was passed by the board -- that is the comp. plan amendment, so I have no recollection because I was not present. But I am told from staff that the compo plan amendment is silent as to the type of housing. Now, I can ask -- I'm the attorney that makes the argument, so I need to, perhaps, have staff come up and affirm that. COMMISSIONER HENNING: I don't have any question that our staff did their job about reviewing the growth management plan. MS. STUDENT: Okay. COMMISSIONER HENNING: And I'm sure it has -- I think it was either 15 or 16 units per acre, and it didn't -- and it probably doesn't say in there that it is going to be, you know, low, median and high income. I have no question about that. But when -- the question I have is, when somebody petitions it, even though it's silent in the language, and says, oh, we need this density because we want to offer a mixed-use product of different housing elements, does that mean we're duped, or does that mean that we can take those comments under consideration under the PUD rezone? MS. STUDENT: Okay. What is -- what appears in the document that you passed is what goes to the Department of Community Affairs for review, that's what's advertised, and it goes to the Department of Community Affairs, in fact, for two reviews. And Page 114 December 14,2004 the language -- and what somebody might say in the record does not go to the Department of Community Affairs and it does not go through -- COMMISSIONER HALAS: Why? MS. STUDENT: -- required legal-- because it's what's in the comprehensive plan -- COMMISSIONER HENNING: It was written in law. MS. STUDENT: -- element. That's the law that goes to the Department of Community Affairs. And if someone said something at the hearing that wasn't intended to be part of the language and it was gratuitous or anecdotal, that has not gone through the process. Now, that's distinguished from the PUD process because we have a provision -- a standard provision in our PUD language that talks about graphic material presented and representations made during the hearing become part of the regulations, which operate to determine how the development is going to be. And -- but the amendment of the compo plan nature being what it is, it's what's in the document that goes. Unfortunately, as I said, I don't -- I believe I was on vacation when this was heard by the board and I don't recall -- COMMISSIONER HENNING: You've answered my question. MS. STUDENT: Okay. COMMISSIONER HENNING: We were duped, that's what the whole -- the answer is, is we were told one thing and just because it wasn't put in writing doesn't mean it was going to be factual. And I appreciate that. The second thing and -- doesn't it state in the growth management plan for interconnection is -- interconnectivity is encouraged? MS. STUDENT: Yes, I believe it says that. COMMISSIONER HENNING: It does say that, and I don't see any interconnectivities with the surrounding properties here except for on a major arterial roadway, so -- Page 115 December 14, 2004 MR. YOV ANOVICH: If I may. First of all -- COMMISSIONER HENNING: Because I was duped, I'm just going to bring up other things. MR. YOV ANOVICH: All right. Well, first of all, I want the record to be clear that I was not involved -- COMMISSIONER HENNING: You wasn't. MR. YOV ANOVICH: -- with the compo plan amendment, okay? There's some statements you're making that I want people to understand were not made by me. Second of all, on the interconnectivity issue. Interconnectivity was our goal. We wanted to interconnect. The people of Emerald Lakes did not want interconnectivity. They didn't want -- for whatever reasons, they liked their community separated from ours. We were also prohibited from connecting to the library site by county staff. That's why you have a site plan the way it's designed, because we were told interconnectivity was not an option for us. And we have designed our site plan accordingly because of the realities that people of Emerald Lakes did not want interconnectivity, nor did the county want interconnectivity when we were going through the process, and that's why we have a site plan the way the site plan is laid out. We -- I'm sorry. We can connect. You know, we can just simply continue on and interconnect to the library site if that is something that the county wants. We can connect. I'm just telling you, we were told that that was really not an option for us, so that's why you don't see interconnectivity . We have provisions for pedestrian interconnectivity if the people of Emerald Lakes ever want it. Right now they did not want it. It was not because we didn't want to interconnect, it was because those around us didn't want the interconnectivity to occur. Regarding the compo plan language and, you know, whether affordable housing is required or not required. There was discussions Page 116 December 14, 2004 of much higher density, a maximum of 15 units per acre. We're talking about a rental project at that time. Totally different project, a project that the residents around there did not want, and -- nor was it a condition of the approval of the compo plan. Had a requirement been that there be affordable housing, I would have thought it would be part of the motion and included. I think what we had was a better proj ect without that requirement, because then we could work with our neighbors. If it were an affordable -- if affordable housing were required, there would have been no ability to work with our neighbors. We would have to come in and ram an affordable housing project down their throats, and I'm not sure that the commission wanted that at the time the compo plan went through. I thought there was discussion about, hey, we want -- with any other compo -- with any compo plan amendment, you set parameters that you can come in and ask for, and we have not come in and asked for the max. We have come in and asked for less than the maximum. We have worked with our neighbors to come up with a project that will be good for the developer and will be good for them. We've addressed all the requirements of the compo plan. We don't have traffic issues. We're compatible. I believe we committed to the 50 feet that Commissioner Halas wanted. If it's critical that we go to the 225, we'll accept 225 and we'll come back to you if we have a problem. Ifwe have a problem to go from 225 to 251, we'll take the risk of going through a PUD amendment to make that happen. We'd rather not go through that process. We'd like to -- we'd like to have that flexibility ahead of time, but if that's a concern to limit to 225, then we'll accept that limitation. COMMISSIONER HENNING: Mr. Yovanovich, I apologize if you feel that I was saying that you duped the Board of Commissioners. It was Karen Bishop, and I thought that was clear. Page 117 ____~......__~._.,___...,_"~_u,.,____- December 14,2004 She's the one that shepherded the amendment through, and I'm not going to -- MR. YOV ANOVICH: Right. COMMISSIONER HENNING: -- try to circumvent the growth management plan. But what communications was to your neighbor to the north as far as interconnectivity? MR. YOV ANOVICH: I recall -- and I can't -- COMMISSIONER HENNING: Is there anything in writing? MR. YOV ANOVICH: I don't believe there's anything in writing. We had meetings, or Ms. Bishop had meetings at the time that the compo plan amendment was being proposed, she met with the project to the north, Emerald Lakes, and county about interconnectivity, and those really weren't options. There's really -- it makes no sense to interconnect with the Brighton -- I think it's Brighton Gardens. It's an assisted living facility, and it really doesn't make any sense to connect through there, have our traffic through there, their project. We do have an ability for pedestrian interconnectivity for them to walk over and enjoy the retail and office options that we will have. COMMISSIONER HENNING: But just looking at the GIS, it looks like there's the ability to interconnect there and get to Emerald Lakes Boulevard close to Airport Road. But there wasn't any correspondence for interconnectivity? MR. YOV ANOVICH: We -- well, I mean, there was communication. I mean, we met with the people. We didn't write a letter and say, oh, please give us interconnectivity and have them respond back no, but we met with them, and it was an emphatic no. COMMISSIONER HENNING: So it was just, Karen Bishop asked for the interconnectivity? MR. YOV ANOVICH: I bet Ms. Goff can get up here and answer those questions. And specifically, when we talked about the settlement, interconnectivity was not an option for the settlement to go Page 118 December 14, 2004 through. COMMISSIONER HENNING: Well, that's up to the chairperson whether they want to recognize -- CHAIRMAN FIALA: Yeah, the public meeting -- MS. GOFF: This is Claire Goff. I could shed just a little bit of light on this for you, Commissioner Henning. What it looks like on the map is deceiving. There is no connection between what was Brighton Gardens -- I can't remember, it's Cypress something now, that -- the assisted living facility and Emerald Lakes Drive. When that parcel was developed, the -- there was no connection allowed between there so that there is no north connection from Brighton Gardens even into Emerald Lakes Drive or into Fountain Park. You have to go out on Airport Road from Brighton Gardens, come back north and get in. CHAIRMAN FIALA: Okay. Thank you. COMMISSIONER HENNING: Mr. Yovanovich, I know that Fountain Park owns a portion of and maintains a portion of Emerald Lakes Boulevard in front of their commercial development. Well, you answered my question, thank you. CHAIRMAN FIALA: Okay. MR. YOV ANOVICH: I did answer your question? COMMISSIONER HENNING: Yeah, you did. MR. YOV ANOVICH: Okay. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: I'd like to ask Marjorie Student, you said that you were absent when this took place because you were on vacation. MS. STUDENT: Yes, sir, I believe I was. COMMISSIONER HALAS: Well, don't we have records in regards to what was promised or what was said in the minutes of the meeting? MS. STUDENT: Yes. You can -- you can go look into them-- Page 119 December 14,2004 COMMISSIONER HALAS: So can't we use that as the basis for holding somebody to what has been stated in the -- on the record? MR. WEIGEL: Commissioner, I'll respond, if I may. And clearly the record is important, and it may -- it may be certainly a desire of this board for staff and this board itself to review the record at that time to determine what kind of statement was made in regard to affordable housing, if that's the particular issue there. The -- COMMISSIONER HALAS: Well, it's just, whatever -- whatever was stated on the record, I would think that that would be one of the prerequisites, that when something of this magnitude comes through, that if there was a change in the growth management plan, that the staff would go through the records to make sure of what the intent of the growth management plan was prior to the petitioner going through this whole exercise here. MR. WEIGEL: Right. And I can't state that the staff or the county attorney has not done so, but there is some recollection of the discussion of the affordable housing aspect of the discussion relating -- a required -- or excuse me -- requested change to the growth management plan relative to the area, if not site specific here. But the concept that was ultimately approved was this mixed-use concept with a residential over -- a residential over commercial. And Mr. Y ovanovich may want to comment further himself, but the fact is that I think that affordable housing may have been certainly an element of discussion, but the density, the concept of a density over the units may have not been a function of affordable housing at all, but maybe it was. And if the board and staff members would like to, I think it wouldn't be inappropriate to continue the item and review it and come back to the board to see if, in fact, any of the statements on the record directly led the board to the -- to the legislative decision that they made. But what both staff and Ms. Student have told you is that the Page 120 December 14,2004 documentation that was approved at that meeting and became the law in our books and recognized at the state level apparently makes no mention of affordable housing as a requirement in there. And Mr. Y ovanovich and Margie may also indicate that, as part of a growth management plan as opposed to a PUD, that may have been inappropriate to put that in there. MR. YOV ANOVICH: If I can give an example. COMMISSIONER HALAS: I've got one more question, please. And in regards to the interconnectivity to the north to the -- with the county there, I believe that's a water retention pond that they have there, so I think that's why you got a -- MR. YOV ANOVICH: No. Commissioner, there's a road already existing right here to the south. There's a right-in. We can simply connect into the one way in, and, you know, wind our way through the library parking lot to get to Orange Blossom and a light. That was not something that the county thought was a good idea with their library facilities, but we could do that and very easily interconnect to an existing pavement. Now, over here we have absolutely no ability to interconnect because Brighton, whatever it's called now, does not physically connect as all. I mean, we would connect in and we'd loop back out and there would be no reason for interconnectivity because we couldn't get to a road. But we could interconnect at the library. The concern, I'm assuming was, the amount of children that come to the library and having more vehicles going through the parking lot was probably not the best -- in the best interest of the county. CHAIRMAN FIALA: Okay. MR. YOV ANOVICH: If I -- CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I think we've gone over this in great lengths. We've covered everything, and Commissioner Halas has been very diligent in extorting in -- not extorting -- reaching Page 121 December 14,2004 an understanding as far as density would go. You met his request for the density, if I'm not mistaken? MR. YOV ANOVICH: I offered it up, yes. COMMISSIONER COLETTA: And also, my motion -- I'm going to make a motion for approval including that density provision that Commissioner Halas brought up, also the height provision that Commissioner Halas has included that you agreed to -- and I'm trying to think what else it was. CHAIRMAN FIALA: Interconnectivity? COMMISSIONER COLETTA: Well, no, interconnectivity was COMMISSIONER COYLE: Eliminating that traffic signal. COMMISSIONER COLETTA: Eliminating the traffic signal. And I don't -- I don't want to place the county in a position where we're going to endanger the people of the library by interconnectivity that may wander people in and out of a parking lot. If it's been refused by the county, it's been refused for very good reasons, and I don't think this is the time or the place to try to raise that issue and try to go one step further to make sure that happens when it might be to the detriment of all, and that's my motion. Other than that, I incorporate the planning commission's staffs recommendation in my motion. CHAIRMAN FIALA: I'll second the motion. Okay. We have a motion on the floor and a second. Commissioner Coyle? COMMISSIONER COYLE: Well, since we have a motion on the floor, I'll waive. CHAIRMAN FIALA: Okay. Great. Commissioner Halas? COMMISSIONER HALAS: I still have some concerns about what was brought up in May of 2002, and I think that maybe we ought to look at continuing this till a later date till we get some additional information. Page 122 December 14, 2004 CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: That was -- that was what I was going to address, and I'll try to be brief. But, you know, I remember fairly clearly what we discussed at that point in time, and we did discuss the eligibility for an affordable housing bonus, and that got the members of the public who were here very, very upset. Now, I would like to discourage any attempt to make a growth management plan a development order, that is, we're not supposed to design the project during the growth management plan revision, because the growth management plan could be in effect for years and years and years, and there are lots of good reasons why you want to change your idea for development over a period of time to respond to the market, but you could still comply with the provisions of the growth management plan. So I would suggest that it is -- it is not necessarily a good idea to try to lock into concrete everything that's discussed about a proposed development at the time of the growth management plan provision because it reduced our flexibility -- COMMISSIONER HALAS: Sure. COMMISSIONER COYLE: -- to make it conform to whatever community evolves around it. And if the residents of Emerald Lakes were to come to us and say, no, we do not want affordable housing, I don't think we should lock ourselves into that and essentially put ourselves in a position of ramming it down their throats whether they wanted it or not. That's a compatibility issue, I think, we need to consider. COMMISSIONER HALAS: That's right. COMMISSIONER COYLE: So I only wanted to bring that thought up for your consideration in hopes that we wouldn't try to bind our future flexibility by literally interpreting everything that was said during a growth management plan hearing. Page 123 December 14, 2004 CHAIRMAN FIALA: Uh-huh. I have to just echo what Commissioner Henning said before. I think we've noticed time and time again over the past few years how we've been duped, that's the word you used. Somebody requests some certain zoning, higher zoning, and the only reason they do it is to flip the property and get more dollars from it. And, you know, it's taken us a while -- it takes you a while being on this commission before you realize that you can't believe anything everybody says. So this -- COMMISSIONER HENNING: Unless it's in writing. CHAIRMAN FIALA: Yes. And then -- COMMISSIONER COYLE: Not even then. COMMISSIONER COLETTA: Even then they can reinterpret. CHAIRMAN FIALA: Then they can still flip the property. So I think we're going to be very wary when people come forward from here on in. We have a motion on the floor and a second. Any further discussion? (N 0 response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Opposed, like sign. COMMISSIONER HALAS: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: We have a 3-2 vote. Is that what we need, David? COMMISSIONER COLETTA: No. MR. WEIGEL: No, the motion fails. It requires supermajority. COMMISSIONER HENNING: And I think I owe -- explanation for my vote is, I didn't see any -- since the growth management plan does encourage interconnectivity, in the questioning about the Page 124 December 14,2004 interconnectivity to the north, it was hearsay and there was nothing in writing of trying to establish an interconnection. COMMISSIONER HALAS: I'd like to make a motion that staff research this again and bring it back at a later date. Can we do that? COMMISSIONER COLETTA: You mean you want to continue this? COMMISSIONER HALAS: I think we need to continue it. CHAIRMAN FIALA: Can you do that? COMMISSIONER COLETTA: Can you do that? MR. WEIGEL: Well, the matter is not to be continued because it's been voted on and decided at this particular point. Now, Mr. Halas could make a motion that staff research the item and bring it back. COMMISSIONER COYLE: Well, David, suppose one of the -- MR. WEIGEL: I beg your pardon? COMMISSIONER COYLE: Someone voting in the majority can have it brought back for reconsideration. MR. WEIGEL: That's correct. COMMISSIONER COYLE: Now the only problem is, which one is the majority? The two that voted against it or the three that voted for it? MR. YOV ANOVICH: Madam Chairman? CHAIRMAN FIALA: Good question. MR. YOV ANOVICH: It's over here. May I just make one comment? And I know -- I want to -- in response to Commissioner Henning's reasoning for why he voted against it was interconnectivity, and I don't know if you had a good enough opportunity to see the property to the north, which is Brighton Gardens. Even if we were to interconnect with Brighton Gardens, all we would do is connect with their parking lot and come back out. When Brighton Gardens was approved, it was prohibited from connecting to the main entranceway of Emerald Lakes. So interconnecting wouldn't do any good because we would not be able to get to tran -- get our Page 125 __,,~... _ .... "._~_._._.. "_.,_._"'_'.._0...""...., "^""".W"~_____ December 14,2004 trips onto a road. All we would do is get them into another parking lot. And I don't know if I made that clear enough when we were talking about that, but interconnectivity to the north was just not an opportunity that could happen because of the prohibitions with connecting to the main boulevard to Emerald Lakes in the first place. COMMISSIONER HENNING: Mr. Yovanovich, I understand that, but the growth management plan encourages interconnection. And my problem is, you didn't -- in your evidence, you didn't show where you tried to establish an interconnection. I understand it not connecting to Emerald Lakes Boulevard. I'm just going by the growth management plan. MR. YOV ANOVICH: It encourages interconnectivity. It does not require interconnectivity. COMMISSIONER HENNING: It encourages it, and I didn't see any evidence where your client, Ms. Bishop, tried to get interconnectivity. It was just hearsay. There was no evidence of actual talking -- MR. YOV ANOVICH: You're aware that the PUD itself specifically says that we're to try to get interconnectivity. If we can't get it -- COMMISSIONER HENNING: Where's the evidence? CHAIRMAN FIALA: Well, we've already voted on this. And I understand that a couple people want to bring it back, but I haven't heard of the -- of the arrangement to bring it back. MR. WEIGEL: Right. I'm ready to tell you. Under the reconsideration ordinance of the county, it has two -- two different paths to get you there, but they do -- they do come together. And a motion for reconsideration is any member of the board who voted with the majority, parens, or in the case of a rezoning, voted against on the original petition, may move for reconsideration of Page 126 December 14,2004 the petition at any regular meeting of the board. Now, that's under the land use aspect of the reconsideration ordinance. So in this particular case, a member of the commission who voted against the petition may bring it back for reconsideration. Now, that particular provision also talks in terms of reconsideration made at a petitioner's request and it comes back later. But if we bump over to the other part of our reconsideration ordinance which talks about any matter brought before the board, that can be heard at the same meeting prior to adjournment of that meeting, and we have availed ourselves of that from time to time. CHAIRMAN FIALA: So what you're saying is? Tell me what you're really saying. MR. WEIGEL: What I'm saying is that if nothing happened today, the petitioner could still make his request to the county manager that would come to a commi -- one of the commissioners who voted against this matter today, and it could come back in the normal scheme of things under the reconsideration ordinance, or I will opine that the ordinance is provided here to give you some flexibility, and so a member who voted against at this meeting itself, the same meeting, which hasn't adjourned, could, in fact, make a motion to reconsider ifhe or she wished to do that. In this case he's, I think. COMMISSIONER HALAS: I make a motion that we reconsider this and have staff come back with additional information -- MR. WEIGEL: Okay. The vote is merely to reconsider, and that will, if approved by the board -- COMMISSIONER HALAS: Okay. I make a motion to reconsider. COMMISSIONER COYLE: I second. CHAIRMAN FIALA: Okay. I have a motion by Commissioner Halas, second by Commissioner Coy Ie to reconsider. Any further discussion? (No response.) Page 127 December 14,2004 CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Okay. That's a 4-1. And now-- MR. WEIGEL: Okay. The motion -- CHAIRMAN FIALA: We have a one o'clock time certain, but I have a funny feeling everybody up here is very hungry, and I don't know that we can -- COMMISSIONER HENNING: I'm hungry. CHAIRMAN FIALA: No? COMMISSIONER COYLE: What shall we do? I wasn't going to come into this subject, by the way, but it was called for me and I was going to go -- COMMISSIONER HENNING: Let's take a break. MR. MUDD: Are we -- ma'am, I'd say, you've got the school board folks, you've got Mr. Poteet from the civic association here for the one clock, you've got -- you've got the principal probably here from the school. I'd suggest you do that item and break for lunch for an hour. CHAIRMAN FIALA: Well, let's take a break first. He needs a break, and I want to tell you, so do 1. We'll break for 10 minutes. MR. WEIGEL: Madam Chairman, Madam Chairman, this item, you've made your motion to reconsider, which passed, so the matter may be reconsidered at this meeting today. Now, if you want to go to another item or take an adjournment or recess for a while, the proper motion to make would be to table this item until your time certain, or whenever you say, for later on today. The motion for reconsideration is to reconsider today . You will Page 128 December 14,2004 now vote again on this matter. CHAIRMAN FIALA: Let us have Commissioner Halas tell us what he wants to do here. COMMISSIONER HALAS: What I want -- what I'd like to do is have this come back at a later date, this item, with additional information in regards to what was discussed on May, 2002, so that everybody is up to speed exactly on what took place. COMMISSIONER HENNING: I think he's looking for a continuance. COMMISSIONER HALAS: Continuance of the -- MR. WEIGEL: That sounds fine. It sounds like a motion to continue probably to January 11th, the next board date, which is within the advertising time for this. And-- COMMISSIONER HALAS: Whenever. COMMISSIONER COLETTA: Second. MR. WEIGEL: And if you take that vote and approve it, then you're done with this item. I just don't want you to leave this item hanging because you have to -- CHAIRMAN FIALA: Okay. So we have the motion-- COMMISSIONER HALAS: Concerns here. CHAIRMAN FIALA: Okay. Let me first hear the motion again. The motion? COMMISSIONER HALAS: The motion is to bring this back at a later date with additional information. CHAIRMAN FIALA: But we made that and voted on that one already, and that was a 4-1 vote, but now we're -- MR. WEIGEL: No, that was the motion to reconsider, and that's all that was. CHAIRMAN FIALA: Okay. I'm sorry, okay. MR. WEIGEL: And so -- and if you don't say a date specific, then the matter will have to be re-advertised for whatever date we pick. So January 11 th would work as a date specific if you'd like to Page 129 December 14, 2004 bring it back at the next board meeting. CHAIRMAN FIALA: So, Commissioner Halas, would you like to restate your motion? COMMISSIONER HALAS: There seems to be some confusion out there. COMMISSIONER COYLE: Yeah. COMMISSIONER HALAS: Susan? MS. MURRAY: Thanks for recognizing me. For the record, Susan Murray, director of the zoning department. We would prefer the second meeting in January. If you want us to gather the information and research and have it -- time to put in the executive summary for you to contemplate, due to our time frames and the holidays -- COMMISSIONER HALAS: That's what I was hoping that the -- MS. MURRAY: -- it's going to be very challenging, and I think that's what I understand that you want. So I'd just respectfully make that request so that we could gather all the information for you. COMMISSIONER HALAS: I'll make a motion that we bring this back to a later date with all additional information that needs to be presented in front of the board. CHAIRMAN FIALA: But David Weigel said you had to give a date, not a later date; is that correct, David? MR. WEIGEL: That's correct. And if -- CHAIRMAN FIALA: The second -- COMMISSIONER HALAS: Is the 11th soon enough? CHAIRMAN FIALA: No, she just said -- MR. MUDD: 25 January, sir. CHAIRMAN FIALA: The second meeting in January. COMMISSIONER HALAS: Okay, 25 January. COMMISSIONER COYLE: Can you do that, David? I thought it had to be the next -- MR. WEIGEL: That puts us beyond the five-week window for Page 130 December 14, 2004 readvertisement. COMMISSIONER HALAS: Okay. MR. WEIGEL: So if it's the 11th, you don't re-advertise. If it's beyond that,ll th, and then to go to the to 20 what'th? MR. MUDD: Twenty-fifth. MR. WEIGEL: -- 25th -- COMMISSIONER HALAS: Twenty-fifth. COMMISSIONER COLETTA: And I second it. MR. WEIGEL: -- and I think we're at six weeks. CHAIRMAN FIALA: Okay. So we have to re-advertise. MR. WEIGEL: It would have to be re-advertised. And at whose nickel? CHAIRMAN FIALA: Who's going to pay for the re- advertisement? COMMISSIONER HALAS: Petitioner. MR. YOV ANOVICH: Please don't let that be an issue. We'll pay for the advertising. CHAIRMAN FIALA: Okay, fine. So we have a motion on the floor by Commissioner Halas to continue this, is that the word? COMMISSIONER HALAS: Twenty-eighth (sic). CHAIRMAN FIALA: Till the 25th of January? COMMISSIONER HALAS: Twenty-fifth of January. CHAIRMAN FIALA: And a second by Commissioner Coletta. Yes, Commissioner Coyle. COMMISSIONER COYLE: I've still got a problem. We voted to bring this back for a rehearing. We're now voting on a continuation. I don't believe we can do that. MR. WEIGEL: I think you can. COMMISSIONER COYLE: You can. Okay. That's your opinion, okay. I'll go with it. I just think we're mixing two different motions here, but that's all right. Go ahead. Page 131 December 14,2004 CHAIRMAN FIALA: Okay. All those in favor, signify by saYIng aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Opposed, like sign. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Okay, 4-1. Thank you. With that, at 1: 17, we are going to take a break till 1 :30, and I'm sorry if anybody has to wait around, but that's what we're going to do. (A recess was had.) CHAIRMAN FIALA: You would all please take your seats. Item #10F A PRESENTATION OF THE CONSTRUCTION OPTIONS FOR THE GOLDEN GATE HIGH SCHOOL BRIDGE STUDY AL TERNA TIVES CONDUCTED BY THE COLLIER COUNTY SCHOOL BOARD AND THE PREFERRED AL TERNA TIVE SELECTED BY THE SCHOOL BOARD AT THEIR NOVEMBER 18,2004 BOARD MEETING - MOTION TO APPROVE MR. MUDD: Madam Chair, we have a time certain, and this is item 10F, and this item to be heard at one p.m., and we're a little late on that. Recommendation to allow a presentation of the construction options for the Golden Gate High School bridge study alternatives conducted by the Collier County School Board and the preferred alternative selected by school board at their November 18th, 2004, board meeting. And Mr. Don Scott, Collier County planning director for Page 132 December 14, 2004 transportation, will present. MR. SCOTT: Good morning, or good afternoon. CHAIRMAN FIALA: Good morning, good afternoon. MR. SCOTT: Previously we came forward, and they had four different options that were presented. The pedestrian bridge was excluded. Now the school board representatives are back to present what they presented to their board. Essentially what they've come up with is an alternative open to Golden Gate high school traffic only, accessing from Tropicana, and then also you'd have access off of 951, essentially half of the parking lot each. I'll just turn it over to them to have them show all the different options and the impacts to it, and we're here for any questions that you have. MR. PERRY: Thank you, and good afternoon. Excuse me. F or the record, my name is Jeff Perry. I'm transportation planner with WilsonMiller. I'm joined today by Adolfo Gonzalez, the engineer of record on the civil engineering work for the Golden Gate High School also with WilsonMiller. We also have in the audience with us today Mr. Alvah Hardy, who's the executive director of the facilities and construction -- excuse me, planning and construction for the school district, Amy Taylor and Sandra Palm, who are planners with the school district. Adolfo and I are going to walk you through a very brief presentation of the final two alternatives that made the cut, so to speak, with the school district. I'll give you a brief overview, and then we'll take you through the two options. As you probably know, the Golden Gate High School opened in the fall of 2004. Primary and only means of access today is via Magnolia Pond Drive that comes off of Collier Boulevard, however, the attendance zone of the school is about 80 percent of the students that live -- excuse me, that attend Golden Gate High School live in the area north of the Golden Gate Canal. Page 133 December 14, 2004 This is a graphic of the entire attendance zone. You'll notice Golden Gate City in the north, and the yellow area that's highlighted is the actual school site. The remaining 20 percent of the student population lives south and east of the school. But those 80 percent of the students that go to that school cannot walk to the school, cannot get to the school without venturing out onto Collier Boulevard, down to Magnolia Pond, and into the high school property . This is a little closer view of the canal area where Tropicana Boulevard, which dead-ends at 32nd just north of the canal, and where a proposed bridge would be extended across if it was an extension of Tropicana Boulevard onto the school property. The final two vehicular bridge options -- as you recall there was a pedestrian bridge option and there was another drop-off bridge option that we looked at for the school board. But the final two bridge options that really met the obj ectives of the school district involve a through-traffic option, which actually physically connected Tropicana Boulevard through the school property to Magnolia Pond, would be technically open all the time, allowing through traffic from Golden Gate to circulate back through to Magnolia Pond to 951. The other option was to allow only Golden Gate High School-related traffic to use the bridge and come across onto the campus. And as you recall, the last presentation I made, we talked about the different traffic impacts of those kinds of -- those different improvements. I'm going to ask Mr. Gonzalez to walk you through the specifics of the final two options, and then we'll give you the recommendation of the school board at the end. MR. GONZALEZ: Good afternoon, Commissioner. I'm Adolfo Gonzalez with WilsonMiller. I want to give you a little bit of information about the two options that were finalized. One is the through traffic, and the other one is just for Golden Gate High School Page 134 December 14, 2004 traffic. I'm going to show you a couple of graphics that show the high school site plans, some cost information, and then a potential visualization of what the bridge could look like over the Golden Gate Canal. The through traffic option, these are some of the features that we had summarized for the school board, beginning with, out of the two options, it's one that represents the highest construction cost. It does significantly increase traffic through the Golden Gate City neighbors that front the Tropicana Boulevard road from Golden Gate Parkway as far south as 32nd Avenue Southwest, which is the road that parallels the canal. It also has a potential for increasing traffic on Magnolia Pond Drive via Collier Boulevard because of the increased cut-through traffic, not just associated with the school, but also with community traffic in general. And there's also a potential for increased conflicts with the future Collier County greenway since you get more cars, more potential conflicts with pedestrians and bicyclists on that greenway along on the canal. The through option also represents more of a visual impact to the neighborhoods along Tropicana Boulevard and 32nd Avenue, again, associated with the higher number of vehicles that could take that route. There's also significant off-campus improvements that will be required such as signalization at 32nd Avenue Southwest and Tropicana, possibly also at -- on campus and some additional off-campus turn lane requirements on 30th, Place and Tropicana and 25th Place and Tropicana, additional right turn lanes in those areas. In addition, it may also require additional signals within the campus itself. One at the main entrance of Magnolia Pond Drive and the entrance to the school, as well as one at the bus loop exit off of what is now the perimeter road to the school. Page 135 December 14, 2004 The vehicular bridge for Golden Gate High School traffic only would require some modifications to the on-site facilities, namely -- and besides the obvious canal crossing -- bridge crossing, it would also require some gates, three sets of gates within the campus itself. The first gate would be right on Magnolia Pond -- if I can orient you on this site. This is the Magnolia Pond Drive entrance off of Collier Boulevard. This is the main entrance to the school here, this is the planned Tropicana bridge crossing at the Golden Gate Canal. This here would be a new lake that would have to be constructed to connect it to the existing perimeter driveway along the school site. The three gates I mentioned would include the primary one at the entrance to Magnolia Pond Drive, then two internal gates to, again, restrict cut-through traffic that wanted to try to get from Golden Gate City out to CR 951/Collier Boulevard or vice versa. One would be at the first entrance to the west parking lot, and the second one would be to close off the roundabout at the main entrance here. The features of this particular option include increased emergency vehicle access to the school. Right now the only -- the primary means of emergency vehicle access to the school is through Magnolia Pond Drive. The school does have a gate that is locked at all times. It's a driveway connection to Forest Park. It can be open at the discretion of emergency services personnel, fire, police, things like that, but it's not a connection open to the public right now. It also would improve access from Golden Gate City to the high school for not just students but also parents dropping off and picking up students, buses that could use an alternative access point, and the community at large. The benefit of this particular option is it allows about another 1,000 students to be able to access the school from Golden Gate City without needing to be bused to that school. In addition to that, it retains the drop-offs on campus rather than providing or forcing parents to drop off their children on the north side of the canal Page 136 -~..~-~."""..,~..,_..,,=-..-... December 14, 2004 somewhere within that Golden Gate City neighborhood, which would, again, be an impact to the neighborhood. This option does not require that or encourage that. It also eliminates the potential for queues. Parents will normally wait for their students, their children, just anyplace that's convenient for them. Well, this kind of encourages them and it makes it convenient for them to drop off and wait for their children on school property rather than on the street system in Golden Gate City. In addition to that, the gates could be constructed and installed to allow buses to actuate the gates so they can either enter from Collier Boulevard, travel to the school, then enter the bus loop or -- and then continue out to Golden Gate City or vice versa. Some of the features of this option also include reducing traffic through the -- at the Collier Boulevard/Magnolia Pond Drive intersection. Obviously there would quite a few parents, buses, visitors, that could access the school via Golden Gate City, which would, again, reduce the total traffic at the intersection of Collier and Magnolia Pond Drive. It also provides access to the pedestrian greenway that's planned by the county along the south bank of the canal. In addition to that, it's a lower construction cost than the through traffic option simply because there are less off-site improvements required. The only off-site improvements would be at the intersection of 32nd and Tropicana, right where the bridge would start over the canal. There are no additional off-site improvements that would be required for that. Here is a summary of the various cost implications of both of the options. The through route, and we estimated it could cost as much as $4.9 million for design and construction, and we estimate the vehicular bridge just for Golden Gate High School traffic would cost about $2.9 million. The differences, again, are the extent of off-site improvements, Page 137 December 14, 2004 the turn lane improvements, the traffic signals. The through lane option would also require a widened roadway on the Golden Gate High School site, and some additional security upgrades to that property since it's not, for instance, fencing along that perimeter roadway. There is no fencing internal to the site. Things like that would have to be added. Here's what that bridge could look like. This is our rendering of a potential bridge crossing. It's similar to what you would see on Santa Barbara Boulevard at the Green Canal crossing or the Santa Barbara Canal, but not as much of an exaggerated profile over that bridge. We did get an inquiry from your staff while we were researching some of this information regarding navigational clearance under the bridge. We checked into the existing navigational clearances under the Santa Barbara Boulevard and Golden Gate Canal bridge as well as the Collier Boulevard bridge at Golden Gate Canal. This bridge, to meet the water management district's navigation clearance requirements to allow their operations to proceed, this bridge would have to be as much as eight to nine feet -- the lowest part of the bridge would have to be about eight to nine feet higher than the typical water elevation in that canal during normal events. This would be about 10 inches higher than the Santa Barbara clearance right now and a little bit lower than the Collier Boulevard clearance, so all in all, it will keep the same types of navigational clearances as the existing bridges about a mile downstream and a mile upstream. We presented this information to the school board about a month ago. They decided to select the Golden Gate High School traffic only option and has requested that the board consider sharing the cost of design and construction with the school board. With that, we'd be glad to take any information back to the school board or open it up to any questions you may have. CHAIRMAN FIALA: Do we -- do we have a staff report? Does Page 138 ,._-"~"_.... ,.~-.,>~-_..- December 14,2004 staff want to weigh in on this subj ect? MR. FEDER: For the record, Norman Feder, transportation administrator. Commissioners, we've looked at this and worked with the school board. We appreciate all the efforts and analysis they've done. What we would recommend to you to consider as you try to present your findings back to the school board is that right now the county did put aside 1.5 million towards this issue. Of that money, we would recommend, as your staff, that you reserve about 200,000 of that for traffic calming and turn lane improvements that would be required in Golden Gate City, even with the general concept that they're providing to you. We would also recommend that they consider modifying something in between the two alternatives that they presented, which would be that they open up that gate to allow access through, much like we do in the case of where school board warrants a signal for operating hours as they have folks come in and leave at the end of the day. We basically provide for 45 minutes before school time, 15 minutes after school starts, and then 15 minutes before school ends and 45 minutes after school ends, which would be an hour in the morning, an hour in the afternoon that they, in fact, open up that one gate that you saw there such that parents are coming -- for instance, the 80 percent from Golden Gate City, if they decided that once they dropped their child off -- those aren't the children driving themselves and parking -- that if they wanted to go through, let's say, to the government center, that they could then continue on 951 and then get over onto Davis, rather than do a loop around and go back through Golden Gate City and through the community once again, to then head on out. We don't feel that that would induce the real concern of the community for cut-through traffic. Not many people want to get into Page 139 December 14, 2004 that traffic queue while everybody's dropping the children off and moving through that area and the slow speeds during school hours. Plus, who wants to get in there with the chance that the gate could close if they're not within that hour time frame and have to then head back around. So we really don't feel that that would induce a lot of through traffic, which is the concern about the alternative, keeping it open all the time, and yet it would provide more benefit overall to the system, and for that matter, we believe, to Golden Gate City itself. So our recommendation would be that we do agree to share the cost up to 1.3 million for design and construction only, not for right-of-way and other issues associated with this, and that we reserve the other 200,000 for turn lane and for traffic calming improvements if they will agree to opening up the one hour at the start of school and the one hour after, 45 and 15, and then 15 and 45 respectively. CHAIRMAN FIALA: Do we have a speaker? MS. FILSON: Yes, ma'am, William Poteet. MR. POTEET: Good afternoon. My name is William Poteet. I am president of the Golden Gate Area Civic Association, and I'm speaking on behalf of the bridge, in favor of doing a limited access bridge, like we've been talking about all along. We discussed the concept that Mr. Feder has just presented to you. We find that to be a very viable compromise and would recommend that you pursue that course. The principal of the high school last night told us at our meeting that he absolutely needs the bridge. Right now he has kids that are staying after school that cannot get back to the Golden Gate Community without either him busing them on a separate bus schedule for the after school kids, or they have to walk along 951, which is something that no one wants to see the kids do. It's just not a viable solution. And so we wholeheartedly recommend that you follow Mr. Page 140 December 14,2004 Feder's recommendation and get this bridge built. Thank you. CHAIRMAN FIALA: Thank, Bill. Okay. Commissioner Henning? COMMISSIONER HENNING: Question for Mr. Feder, and Mr. Rodriguez after that. The $200,000 that you're recommending to hold back for traffic calming, would that be at the end of the bridge at 32nd? MR. FEDER: Yes. What we would look at is either turn lanes or __ and most likely, like you say, 32nd. Basically we're looking at it as just internal traffic within Golden Gate City. Again, we're not encouraging cut-through traffic, but we're going to have more traffic on 32nd than some of the other streets within Golden Gate City by establishing this bridge of Tropicana. And with that in mind, we expect that there's going to be requests and some need for both turn lanes and traffic calming. 32nd would an obvious candidate, particularly, I believe it's on the west side where we don't have the speed humps at this time. COMMISSIONER HENNING: Okay. Thank you. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HENNING: Can we go back to the -- CHAIRMAN FIALA: Oh, I'm sorry. COMMISSIONER HENNING: Or do you want to -- COMMISSIONER HALAS: No, go ahead, go ahead. I'll wait. COMMISSIONER HENNING: -- to the graphic about the cost? Thank you. The -- do you -- do you believe that there should be some kind of off-site improvements with the vehicle bridge that are open to the public on limited hours like he suggested or if it's just students only? MR. RODRIGUEZ: Well, if it's the Golden Gate High School traffic only option, that will require some off-site improvements if you consider the intersection of 32nd and Tropicana as off-site. So it Page 141 __w_,_._,~ - ,.,..",.......",,'... December 14,2004 requires that intersection to be improved. Essentially some turn lanes and some sidewalk modifications in that area. COMMISSIONER HENNING: Yeah. I guess my concern is, we were all young once driving vehicles to school, if we were fortunate. Except for Commissioner Coyle -- COMMISSIONER COYLE: Five miles each way. COMMISSIONER HENNING: -- walked. COMMISSIONER COLETTA: Uphill both ways. COMMISSIONER COYLE: Uphill both ways. COMMISSIONER COLETTA: Through the snow. MR. MUDD: With no shoes. CHAIRMAN FIALA: Uphill both ways. COMMISSIONER HENNING: The tendency to travel over -- above the speed limit -- so my opinion, I think there's going to be substantial traffic calming devices in directing traffic to get to the collectors and arterials. Do you know the potential savings to the school board by not having to bus kids if we provide this bridge? MR. RODRIGUEZ: No, sir, we don't have that figure at this time. COMMISSIONER HENNING: I heard it's substantial. MR. RODRIGUEZ: As I recall, I think there are -- when we designed the school, I think we had designed it to accommodate, I think, up to 26 or 28 buses coming in all directions, and this proposal would most likely cut down as many as 10 buses because of the additional almost 1,000 students that could walk within the Golden Gate City area. Whatever that converts to in terms of dollar savings, I'm not sure right now. COMMISSIONER HENNING: Okay. That's all I have. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yeah. This question's for Norm Page 142 December 14, 2004 Feder. Norm, how are we going to pay for half this bridge? Is it the funds from this -- is this coming out of ad valorem taxes or is this coming out of impact fees? MR. FEDER: First of all, we can't use impact fees per se on it. What we are looking at, I believe, is gas taxes are set aside, 315 gas taxes, 1.5 million. And again, as I noted, we tried to reserve at least 200,000, and then also recommend that you not go above the remaining 1.3 if, in fact, that was half the cost of the design and construction. COMMISSIONER HALAS: Do you know how the school board is going to pay for their half of the bridge? Is this going to be impact fees or -- school impact fees or what? MR. HARDY: Good afternoon, I'm Alvah Hardy, the executive director of planning and construction for the school board. No, I don't. We have multiple fund sources. I'd have to contact our financial person to find out which fees he had -- which revenues he had budgeted for this purpose. COMMISSIONER HALAS: I would assume that since schools are -- would be considered an impact on the community, that the impact fees would not only pay for the school but also would pay for the bridge in this case, I would think. MR. HARDY: Our use of impact fees are regulated by statute, and we spend them the way they tell us to. COMMISSIONER HALAS: Okay. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Well, I think the impact fees are regulated by the ordinance that the Board of Commissioners approved, and I think when they're updated, we're looking to include off-site improvements for the impact of the school. The thing that -- what we have here is a public safety issue besides on 951, it will relieve our arterial roadway. I do like what Mr. Page 143 December 14,2004 Feder suggested. We budgeted $1.5 million for this proj ect. I think that we do need to hold back $200,000 for improvements-- intersection improvements and other traffic calming improvements. And I do believe it is a great compromise to allow a limited access with the hours open to the public, like Mr. Feder mentioned, and I'll put that all into a motion. COMMISSIONER COLETTA: I'll second it. CHAIRMAN FIALA: Okay. I have a motion on the floor to approve with the amendments that Mr. Feder suggested, and a second by Commissioner Coletta. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. Thank you. Now we go to lunch. COMMISSIONER COLETTA: No, let's stay here. Let's stay right here and finish the day up. Just kidding. MR. MUDD: Three o'clock. CHAIRMAN FIALA: Okay. I see a look of delight coming from Mr. Mudd. We'll be back here at three o'clock after lunch. Thank you. (A luncheon recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. CHAIRMAN FIALA: Take your seats. MR. MUDD: Ma'am, you have a hot mike. Page 144 __...._.;__' ._,._" .jl& ,.".... "...W""__" December 14, 2004 CHAIRMAN FIALA: Thank you. Very good. Now we move on to item number 8C. Item #8C ORDINANCE 2004-79: AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AS AMENDED BY ORDINANCE 2001-13, THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, PROVIDING FOR ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS TO MR. MUDD: Yes, ma'am, and that's an adoption of an ordinance amending Chapter 74 of the Collier County Code of Law and Ordinances as amended by Ordinance Number 2001-13, to Collier County Consolidated Impact Fee Ordinances, providing for annual mid-cycle year indexing adjustments to water and sewer impact fee rates, and Mr. Tom Wides, the financial director for public utilities, will present. MR. WIDES: Commissioners, good afternoon. As Mr. Mudd said, I am the -- my name is Tom Wides, and I am the operations director for public utilities. And this afternoon I am in front of you to request your approval on the mid-cycle indexing of water and wastewater impact fees under the consolidated impact fee ordinance. As you -- if I can help you with some of the recent history, over the last three years we've completed three master plans and three impact fee studies, and the board has approved those in each of those calendar years. The initial study was the first in approximately three, almost four years, and significantly adjusted the impact fees. That was back in around 2002. And that was recognizing the much more aggressive Page 145 December 14,2004 expansion plans of the county, given the population growth. The following two studies in the two following years were important to rationalize the first study and to test the spending program and the -- and right sizing the calculated impacted fees. Those two follow-on studies adjusted the wastewater impact fees by about 3.9 percent and 2 percent for the years 2003 and 2004, and the water impact fees were adjusted by 3.5 percent in the year 2004. The reason I bring this to your attention is that those fees basically change in the range of what we would consider to be an inflationary CPI type adjustment. And in an effort to avoid increases going forward where we wait and spread out the master plans and spread out the impact fee studies and then all of a sudden realize that we're behind the curve, we're suggesting that it would be much more to everyone's benefit to just adjust to the CPI each year in the off years between the master plans and the impact fee studies. This would put us on a basis consistent with what is done under the ordinance for indexing with parks and recreation, with roads, and with the library and government building impact fees. So on that basis I'm requesting your approval today of this executive summary and the adoption of the ordinance to index the water and wastewater impact fees in the two mid-cycle years between the studies for the impact fees. If you have any questions, I would like to address those. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: We're adopting the revised revisions that the board received this morning? MR. WIDES: Yes, sir, yes, sir. COMMISSIONER HENNING: Okay. I'll make a motion to approve the revised revision -- COMMISSIONER HALAS: I second that. COMMISSIONER HENNING: -- report. Page 146 ,.~"^...--'~~'_"'''_'_'__''' h..,...,.,.' T ~ ...-...-.-.'" December 14, 2004 CHAIRMAN FIALA: Okay. We have no speakers, so I will close the public hearing, and I just had one question. Do you have an estimate on what the new fees will be when you char -- I realize you're waiting for the census, but I was just wondering if you have an estimate. MR. WIDES: Yes. Commissioner, the only thing that I know is history at this point, and I can only -- I would only be speculating based on -- you heard a lot of discussion early this morning about the cost increases of cement, steel. I'd only be speculating at this point. CHAIRMAN FIALA: Okay. I have a motion on the floor by Commissioner Henning and a second by Commissioner Halas. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you. MR. MUDD: Ma'am, just so you know, as part of the record, whatever those fees are based on the CPI, they come back to you for approval before they go into effect. CHAIRMAN FIALA: Yeah, I -- thank you. All right. And now we go on to section 9, appointment of members to the Library Advisory Board. Item #9 A RESOLUTION 2004-385: RE-APPOINTING ANDREW H. REISS Page 147 _______..__._._.A._ ".,....--"'-" December 14,2004 AND DORIS 1. LEWIS TO THE LIBRARY ADVISORY BOARD COMMISSIONER COYLE: Recommendation we accept the -- COMMISSIONER HALAS: Recommendations. COMMISSIONER COYLE: -- recommendations of the committee. COMMISSIONER HALAS: I'll second that. MS. FILSON: And that's also to waive the two-term limit? COMMISSIONER COYLE: Yes. COMMISSIONER HALAS: That's right. CHAIRMAN FIALA: Okay. And I understand they need three positions, but only two here because these are the two zones or districts that are represented. MS. FILSON: Yes, ma'am, and I've already-- CHAIRMAN FIALA: Now we have to go re-advertise for five? MS. FILSON: I've already advertised for District 5 and have the applicants and sent them over. CHAIRMAN FIALA: Oh, great. Okay, fine, thank you. I have a motion on the floor and a second. All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) Item #9B RESOLUTION 2004-386: RE-APPOINTING KENT L. ORNER OF Page 148 December 14, 2004 DISTRICT 5 TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD AND WAIVE THE TWO-TERM LIMIT _ ADOEIED CHAIRMAN FIALA: Now we go on to 9B, COMMISSIONER COLETTA: Recommendation to appoint Ken Orner, re-appointment, to the Ochopee Fire Control Advisory Committee. MS. FILSON: And that includes waiving the two-term limit. CHAIRMAN FIALA: And that includes waiving the two-term __ COMMISSIONER COLETTA: That's correct. CHAIRMAN FIALA: Second. All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) Item #9C RESOLUTION 2004-387: RE-APPOINTING CHERYLE L. NEWMAN AND WILLIAM E. ARTHUR TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE AND WAIVE CHAIRMAN FIALA: Then we go on to 9C, which is appoint two members to the Golden Gate Community Center Advisory Committee. COMMISSIONER HENNING: Move-- Page 149 December 14,2004 MS. FILSON: And again, we'll have to waive the two-term limit. COMMISSIONER HENNING: Move to approve the committee's recommendations and waive the two-term limit. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Okay. I have a motion on the floor and a second. All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) Item #9D RESOLUTION 2004-388: APPOINTING GINGER MARTIN TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COM.MlITER - A 0illIED CHAIRMAN FIALA: We move on to 9D, appoint one member for the Golden Gate Beautification Advisory Committee. COMMISSIONER HENNING: Move to approve the committee's recommendations. CHAIRMAN FIALA: Second. All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. Page 150 December 14, 2004 CHAIRMAN FIALA: Opposed, like sign. (No response.) Item #9E RESOLUTION 2004-389: RE-APPOINTING ROBERT J. MULHERE AND DALAS D. DISNEY WAIVING THE TWO- TERM LIMIT, AND APPOINTING JASON HAMILTON MIKES, GEORGE H. HERMANSON AND DAVID B. DUNNAVANT TO THE DEVELOPMENT SERVICES ADVISORY COMMITTEE _ AIlOEIED CHAIRMAN FIALA: We go on to 9E to appoint five members to serve four-year terms for the Development Services Advisory Committee, DSAC. COMMISSIONER COYLE: Motion to approve the committee recommendations. MS. FILSON: And-- COMMISSIONER HENNING: Second. MS. FILSON: And again-- COMMISSIONER COYLE: And waive the two-term limit. MS. FILSON: -- for Mr. Dallas Disney. COMMISSIONER COYLE: Yes. CHAIRMAN FIALA: Okay. And a second by Commissioner Henning. All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. Page 151 December 14, 2004 (No response.) Item #9F THE ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY ATTORNEY: MOTION FOR FY 02-03, AND FY 03-04, 8% MERIT INCREASE EACH YEAR, PLUS PROVIDE LIFE INSURANCE ON A PAR WITH WHAT COUNTY MANAGER RECEIVES-DENIED; NO MERIT INCREASE FOR FY 02-03, 8% MERIT INCREASE FOR FY 03-04, COMMISSION TO PROVIDE PORTABLE TERM LIFE INSURANCE AT $450,000, AND REQUIRE A YEARLY PERFORMANCE REVIEW DUE IN CHAIRMAN FIALA: And we go on to the last -- MS. FILSON: Thank you. CHAIRMAN FIALA: -- of number 9, which is -- oh, 9F, and that is our county attorney performance appraisal. Now would you -- would you like to lead this, Mr. Mudd, or -- I think it's kind of hard for you to lead that, David, isn't it? COMMISSIONER HENNING: I'll lead it. CHAIRMAN FIALA: Y ou'lllead? I just don't know if anybody has anything prepared here for this. COMMISSIONER HENNING: The Board of Commissioners, the annual county attorney's performance evaluation was graded by all the commissioners with the overall ranking of 2.42, and the parameters are from 1 to 3, so I find it a favorable evaluation. CHAIRMAN FIALA: I do, too. I meant to write a letter and get it over to David, and I did not. But I just wanted to comment, over the last year and a half, David has been dealing with some very serious health issues, yet we always see him in that chair working hard and dedicated as can be, and I think he's done a marvelous job at not only Page 152 December 14,2004 serving us in our community, but his office and his fellow employees. And I've never -- I've never given anybody straight A's, and I did this time. You deserved every one of them. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I'd like to also point out that I found David's past year's performance to be very well. It was remarkable the fact that he was always there for the Florida Association of County meetings. Everything that was outside of the regular parameter of his jobs, he was there. I can't think of a time that we didn't ask for somebody from the county attorney's office, and Dave would be the one to show up at the civic association meetings or the property association meetings. Also, I don't think you may be aware of it, but when we had our -- forget which one it was, I think it was Frances, yes, the hurricane came through. And at that point in time there was need for a radio operator in Immokalee to be able to be present in case the power went out, to be able to reach back to Naples to be able to tell what the condition of the area was, and Dave graciously volunteered his role as a ham operator to go to Immokalee and sit through the majority of the night in one of the schools to wait for that possible disaster to take place, and it's very much appreciated. Thank you, David. MR. WEIGEL: Thank you, Commissioner. CHAIRMAN FIALA: Well, that's a little known story. Thank you for bringing that to light. Commissioner Halas? COMMISSIONER HALAS: Yes. I understand where my fellow commissioners are coming from, but I have some areas of concern. And if I could indulge the commission, I've got a prepared statement that I'd like to read at this time, if I could. CHAIRMAN FIALA: Certainly. COMMISSIONER HALAS: The following items illustrate my Page 153 December 14,2004 views and concerns about the performance of the county attorney. I have noted several specific instances and issues: Delays that must result in litigation. I tried for many months to obtain guidance from the county attorney on the Vanderbilt Overlay study regarding the lowering of building heights to 75 feet. This has been done in other communities without triggering serious or successful Bert Harris claims. It was finally delivered only 25 minutes before the Collier County Planning Board Commission meeting hearing. At the hearing it appeared that no interaction on this important development had taken place by the county attorney's office or by community development/environmental services staffbefore the CCP (sic) hearing began. This is a fundamental law -- or land law issue in Florida, and it simply should not have been difficult to get and give competent and timely advice. Compromise versus commitment. It has seemed to me that too often the county attorney's office has looked for compromise rather than supporting the position of the BCC. Compromise has its place, but so do other options. It is my view and belief that the Board of County Commissioners and the county attorney's office are in place to work for the citizens and not to ease the path of developers seeking approval to run counter to our LDC. Improper planning. The Cap d'Antibes appeal was poorly planned by the county attorney's office. The board of appeals' actions are relatively rare and significantly different from the regular BCC meetings. I believe that neither staff nor commissioners were properly prepared and briefed by the county attorney's office. This appears to be true especially for a chairperson who I believe was not adequately briefed. It appeared that she was not given in advance clear guidance for running such a hearing. Page 154 -'"._.,........-_.~._~.,-'''''''...._...." December 14, 2004 Throughout the proceedings I continually asked what was relevant or irrelevant to our decision from the discussions and presentations of opposing attorneys. I could not get a straight answer nor would our attorney control the proceedings and protect our staff from courtroom antics. Overlay -- overly complicated language and style. I also believe that the county attorney office gives boundaries in legal areas. He does not explain to the BCC and staff in laymen terms how to accomplish what we are collectively trying to do. There needs to be proactive case law research to support the likelihood that our desired outcomes will be achieved. We must able to make legally defensible decisions on land use matters and LDC changes. Actability. Questions posed to the county attorney are often answered in equivocal manner rather than being specific, clear, and concise. It isn't the BCC's job to explore the vagaries of the law. We employ him for research and best answer. It often appears that the county attorney is unwilling to risk and -- the precedent and be accountable. . Contents of motions, and I think we've had that today. Much more attention needs to be paid to the content of the motions made so that the full intent of the BCC is clearly incorporated into the action of record. This is a critical area where the county attorney's office has not performed well. More discipline needed. Law is a discipline and not an academic exercise. The discipline needs to be imposed on the decision-making process. The county attorney should be actively stepping in. Incorrect information. I understand that there was someone from the county's attorney office that instructed the community development service -- environmental services staff that a petitioner could bring back an issue prior to a year's time lapse. That was incorrect information based on reading of the LDC. Page 155 December 14, 2004 I had to challenge the county attorney in this matter, just as I have challenged him on other pending issues that will be before the BCC. Allowing or being a party to manipulation of a system to stack the odds of a favored outcome is clearly not in the public's best interest. The county attorney's office needs to work for the citizens in the greater county welfare and not promote an interpretation that will serve to confuse the public and the BCC in the conduct of their responsibilities under our ordinances of the comprehensive plan and LDC. I have -- I've had to challenge the county attorney's office decisions on various matters so that issues could be heard by the BCC before the LDC procedures on allotted time were passed. Conflict with the LDC and GMP. I also have concerns about decisions that have been made where there are violations or conflicts with the LDC and the GMP and no red flag was raised at the time, such as the listed species issue, paragraph 7.2.1 and the GMP of 12.2. Specialization and generalization. I believe we have too many general attorneys and not enough attorneys that specialize in the areas of the law where we need critical support, expertise, to deal with the growth challenges that we face. We need sufficient proficiency and depth so far -- and so far as not to be intimidated when someone threatens to sue the county over unfavorable land use decisions or changes to our regulations. Other counties have been successful in shaping their communities while avoiding successful lawsuits, and Collier County should be no exception. As a result of this performance review process, I encourage my fellow commissioners to take the steps necessary to terminate the present county attorney's service. I've lost confidence in his ability to lead the department. My view of the future and the legal talent we need strongly Page 156 December 14,2004 suggests that we look outside the present staff to bring some fresh views and expertise into play on behalf of the county. I am suggesting that the county attorney's office needs major restructuring, a new focus, and a commitment to a more proactive posture so that the BCC can better serve the community. And that's my statement. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Well, I don't want to defend or negate my colleague's feelings, but I do feel that the county attorney, David Weigel, tries to get guidance from the board of where the majority of the board is going instead of the law, because in a lot of cases, he will defend -- well, he would defend the Board of Commissioners, no matter what the decision the board makes, and he has gave (sic) some pros and cons on both sides to give as guidance, but ultimately it is the law that prevails. And land use items, you know, they're difficult and complex. And when we start changing our growth management plan and land development code, there are potentials for litigation. And I feel confident, going through the Vanderbilt Beach issues, that we did have good representation. I think the county attorney provided a legal -- outside legal counsel that's an expert in, not only the Bert J. Harris Act, but just land use in general; provided guidance from Marty Chumbler, a great law firm in Tallahassee. I think we've -- over the last year, we've had -- made some tremendous strides in the lawsuits area, and I had concerns last year about performance evaluations from his own staff. I feel very confident he has addressed my concerns, and the people that he has on specific cases, I think, is doing an outstanding time in time management in those areas. So, Commissioner Halas, I understand your feelings, but I just can't support your position. CHAIRMAN FIALA: Commissioner Coletta? Page 157 December 14, 2004 COMMISSIONER COLETTA: I don't want to jump in front of Commissioner Halas. CHAIRMAN FIALA: You were first but -- COMMISSIONER COLETTA: I know I was, but let him speak. CHAIRMAN FIALA: Okay. COMMISSIONER HALAS: Oh, you go ahead, go ahead. COMMISSIONER COLETTA: Okay. I, too, agree with Commissioner Henning. I think that what has taken place has served the county well. I have some thoughts on this whole thing. Well, one, five people are never going to reach a consensus on anything, and that's one of the reasons why we're elected is to maybe have a difference of opinion so that we can search our souls at different times to be able to come up logical reasons to be able to move forward on. However, in spite of the fact, you know, Commissioner Halas is not overly excited about the county attorney's performance, the county attorney did average 80 percent, just a hair over 80 percent in his evaluation of this commission. And in that light, I think we need to make an adjustment to his pay based upon the evaluation that we did. And I'm not too sure on the language of this exactly what this 10 percent is and what this three percent is. And Mr. Mudd or -- Mr. Mudd, could you enlighten us on that, or aren't you familiar with it? In other words, it's -- the statement here is such annual performance base merit adjustment shall not exceed a maximum of 10 percent of the employee's annual base salary. The minimum increase for satisfactory performance, which this goes past, under such performance base merit system will equal the average percentage salary adjustment provided to all county employees for the given finance -- fiscal year or three percent, whichever is greater. Well, I guess the question is, what is the average percent in salary adjustment that went to the county employees? Does anyone have Page 158 December 14, 2004 that number? MR. MUDD: Commissioner -- and, David, I don't know if your contract talks about COLA or not. MR. WEIGEL: It's the same as yours, Jim, on these. MR. MUDD: Commissioner, what that basic -- clause basically says is, if you deem that Mr. Weigel's performance meets standard, then the minimum that you will give him is a three percent increase in his pay, and that will go to his pay. If you deem his performance to be above meets standards, the bare -- you know, the satisfactory thing and you believe it's in that 80 percent range, then it -- then it could go to up 10 percent, and that could be added to his pay. COMMISSIONER COLETTA: Okay. Ten percent, of course, is the ceiling to go. Three percent's the minimum, 10 percent's the maximum? MR. MUDD: Yes, sir. COMMISSIONER COLETTA: And based upon that, he received an 80 percent approval rating from this commission, so I would recommend an eight percent increase of the 10, based upon what we came up with, the score. And I would make a motion at this time that we approve his contract, what is it for a year, one year? MR. WEIGEL: Well, this is actually a two-year annual review because we didn't bring it forward last time. Excuse me. As it indicates in executive summary, to date, the county -- the board and the county will save money because it wasn't implemented even a year ago, and that's interest gone and lost and so be it. But ultimately, Commissioner, and all commissioners, the decision you would make would be for each of two years to bring it up. Another thing that I discussed with you separately, and I would just mention right now, is that working with the clerk's office, and Jim Page 159 December 14,2004 Mitchell particularly, that perennial term of insurance where we went from whole life to term needs, on the record, to be recognized, if you would, as portable term, because three times my salary is an odd amount, and they won't write a portable policy for an odd amount, so I've been paying the premiums myself for over the last year. I would appreciate if you would -- could make it just a fixed sum, and my salary is less than right around $155,000 right now, pretax, of course. And so that three times that is the -- as the element in the contract comes up to an odd 460 or something, and they can't write a policy for it. I would appreciate if you would just round that off to either 450 or 500, and then it would just be static and they will write that or adjust that. It's currently a $450,000, but it doesn't match my salary, three times the salary. A little side note -- and if you can just give a solid figure for that, it won't change the obligation that was previously expected but it will give the satisfaction to the clerk that they can administer this as a portable term life insurance aspect. The other thing, as I mentioned to you at the beginning of my statement was, that you would be making a percentage increase, the terminology -- the term is the same for each of two years, so you're really making a two-year disposition at this point in time. So to be fair and perfectly clear, what you do for the first year, which is the '03 year, will create a bump into the second year, no question about that. So again, if you use the same -- the same percentage increase -- and I appreciate that, it's very similar to the kind of application you gave Mr. Mudd -- if you should use the same increase, it will mean more dollars-wise in the second year than it will the first year, and that's why the executive summary is written with that broad dollar range that it is. COMMISSIONER COLETTA: Okay. If I may, Mr. Weigel, let's cover one issue at a time. The eight percent issue that we're -- Page 160 December 14, 2004 that I'm going to propose -- MR. WEIGEL: Yes. COMMISSIONER COLETTA: -- it would be the year we -- the previous year, is that what we're saying? It would cover the year '03/'04? MR. WEIGEL: Yes. COMMISSIONER COLETTA: And then it would -- it would carry forward into the '04/'05 year? MR. WEIGEL: Yes. It's a salary increase based on the term of the contract. COMMISSIONER HALAS: '03/'04. We're in '04. MR. WEIGEL: '03/'04. COMMISSIONER COLETTA: I know that, but we're going back a year. MR. WEIGEL: I mean, '02/'03, and then '03/'04. COMMISSIONER HALAS: You didn't get a performance review last year. COMMISSIONER COLETTA: Okay. One more time. MR. WEIGEL: '02/'03 was not reviewed because that would have been at the end of the year. COMMISSIONER COLETTA: So we're not going back to that year. We're dealing with the current year that's coming up? MR. WEIGEL: Well, under the contract you'd handle both years, and so you could handle it with a percentage for each year at the percentage you felt was appropriate, or if we reach agreement on the floor -- and I'm a pretty agreeable person, I can assure you -- if it's a, one static figure, it can either have retroactivity to one year and then nothing the next year, and that might be the simplest way to do it, or a percentage for each year based on your evaluation that you did here. COMMISSIONER COLETTA: Well, normally this percentage, 10 percent maximum, three percent minimum, is based upon one year's performance? Page 161 December 14, 2004 MR. WEIGEL: That's right. COMMISSIONER COLETTA: Okay. And what we're talking about is a two-year contract, which is going -- which is -- which starts with the year '04/'05 or '05/'06? MR. WEIGEL: Actually, it's '02/'03, which would have been the fall of last year review, and then '03/'04 would be -- COMMISSIONER COLETTA: So this could be retroactive back to that? MR. WEIGEL: It's retroactive, yeah. COMMISSIONER COLETTA: So we'd be dealing with '02/'03 and '03/'04, which -- where does that leave us for '05/'06 that we're coming into? MR. WEIGEL: Well, that would be October or thereabouts this next year as Mr. Mudd -- COMMISSIONER COLETTA: Okay. In a more timely fashion it would come back to us -- MR. WEIGEL: That's right. COMMISSIONER COLETTA: -- for that year. MR. WEIGEL: That's right. COMMISSIONER COLETTA: So we're reaching back to correct what we did not do the year before? MR. WEIGEL: That's correct, yes. COMMISSIONER COLETTA: Okay. Based on that, I'll make the motion, I'll see if I get a second, and then we can carry the discussion, because there's a lot more to this than meets the eye. MR. WEIGEL: Yes. COMMISSIONER COLETTA: I'm going to make a motion for dis -- and hopefully we get it forward with second so we can just start with something -- that we deal with two different years here of the contract, which is the '02/'03 and the '03/'04, and that it's eight percent based upon the review results that we have for each year. In addition to that, on the insurance part of it, I am not too sure. Page 162 December 14,2004 I'd like to come up with something that corresponds to what we do with the county manager rather than create a totally new animal; in other words, whatever we expend for the county manager in proportion to the county attorney. I don't know. I'm a little lost on that, and I don't know if $450,000 is applicable. How's it work for you, sir, County Manager Jim Mudd? MR. MUDD: Commissioner, I -- and I don't know if it's -- if David's particular insurance has to do with guaranteed insurability or not, but mine is just with the county. I use the county's system. It's three times, instead of two times. And I use the county system. So when I leave, my insurance stops. And this portable term, David might be able to take that with him because it's guaranteed insurability, and that might be of some advantage to the county attorney in this particular regard. COMMISSIONER COLETTA: Well, I'm not too sure. I'm going to try the wording on this, and I'm sure it's not going to address the whole thing -- but that we address the county attorney'.s insurance needs in a dollar fashion that's comparable to what we do for the county manager, and if it doesn't quite meet the description that Dave's looking for, that -- if it's a difference that he has to make up, then he can make it up out of his own funds. I don't know how else to approach it, David, without -- maybe as we get going in the discussion here, somebody will have a better idea. MR. WEIGEL: Okay. No, I think -- I think that that works, because as Jim indicated, there's an advantage to be able -- for me to personally to pay for life insurance when I leave here on my own with a fixed rate policy that's been set a couple years ago as opposed to going out in the marketplace and paying higher later on at that time. But there is a value for Jim's, for my, and for all employees' insurance in the annual arrangement that exists that isn't portable, and that value could be determined, and then I could make up the difference myself and assure the portability of the -- Page 163 December 14,2004 COMMISSIONER COLETTA: And the only other thing I can think to add at this point in time, and I'm sure my fellow commissioners will have much more to add or to take off or whatever, is that your review become an annual one to take place in October of every year with predictability. MR. WEIGEL: Yes, sir, COMMISSIONER COLETTA: And that's my motion. MR. WEIGEL: If I could make another -- make another comment here, and it has nothing to do with the term of the contract. But clearly these evaluations kind of bring to a focus issues, and I have obviously significant issues to review and address with Mr. Halas, and -- but all the commissioners, I represent a collective client but work with individual commissioners, and there's much, much to be explored and developed there, and I appreciate his comments and I take them most seriously and would hope that whatever the will of the board, at this point and forward, that I will have the opportunity to explore and develop and answer -- answer questions and assist any commissioner at any point in time. Thank you. CHAIRMAN FIALA: Commissioner Coletta, your motion stated something about the insurance, but David was looking for a figure, 450,000 or 500,000. Would you include that in your motion? COMMISSIONER COLETTA: I'd love to, but I'm not -- I need some help with that because I'm not too sure how it would corresponded back. Whatever we're paying for the county manager I'm willing to pay for the county attorney. COMMISSIONER HENNING: Can I guide you on that -- COMMISSIONER COLETTA: Yes. COMMISSIONER HENNING: -- if that's going to be part of your motion? COMMISSIONER COLETTA: Thank you. COMMISSIONER HENNING: Of course, I don't like your motion, but what Mr. Weigel is asking is for a life insurance that fits Page 164 December 14,2004 his needs and actually is less than what the county manager receives, if it's two times the amount; am I correct? CHAIRMAN FIALA: Three times. MR. WEIGEL: It's very similar. COMMISSIONER HENNING: Three times. The only thing is, it's portable, so he can continue on his life insurance. That's what I understand. So the recommendations would be to provide a portable term life of $450,000. COMMISSIONER COLETTA: And that would be your recommendation? COMMISSIONER HENNING: Well, that's what he's asking. I can support that aspect of it, I just can't support the merit going back on years when it really was the obligation of the county attorney to bring back his evaluation to the Board of Commissioners. CHAIRMAN FIALA: Okay. We have a motion. And before I get to -- Commissioner Halas is waiting so patiently, and I'm sorry, we have a motion on the floor. Do I have a second before we hear discussion? (No response.) CHAIRMAN FIALA: I'll second the motion for the sake of discussion. Commissioner Halas? COMMISSIONER HALAS: Yes. I believe that Commissioner Henning hit the nail on the head. I believe that the county attorney has an obligation to turn his -- or to submit a performance review on a yearly basis. I believe that we may have been laxed (sic) as the Board of County Commission not to be after him in regards to a performance review, but I would think that it's his obligation, if he wants to get a merit raise for that year, to submit a performance review. And I find it very difficult to go back a year and say, well, we're going to now -- since you didn't submit a performance review last' Page 165 December 14, 2004 year, now we're going to reward you for it. I've got a real problem with that. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. The question that I haven't heard answered yet is how much is the insurance policy going to cost, you see. And that's the primary determination as far as I'm concerned. I am sympathetic to Mr. Weigel's concern about having a portable policy, but what I think is more important is what is the incremental cost associated with this, and then we need to make a decision on that. Do we know that, David? MR. WEIGEL: Yes, I do. The close figure -- excuse me. A close figure for a 20-year term, which is what I'm in right now, at 450,000 -- at 500,000 it's 2,270 is the annual premium. COMMISSIONER COYLE: That's a $500,000 policy? MR. WEIGEL: $500,000 policy. COMMISSIONER COYLE: Now, is that the increase in the premium, David, or -- MR. WEIGEL: No. That is what a policy is for 500,000. It's slightly -- it's incrementally less at the 450,000, and -- COMMISSIONER COYLE: And where is it now? COMMISSIONER HALAS: Yeah, where is it? MR. WEIGEL: I'm at 450,000, and I'm paying for the policy myself. I got into it working with risk management and HR -- the HR office not knowing that we'd run into a problem with the payment of the policy later, because this was a switch-over from the board's previous approval of whole life, which is, of course, a continuing policy over many years, so I tried to do this -- a savings term life switch into a fixed premium -- a fixed policy for 20 years. And so the cost is, again, at 500,000, it's 2,270 annually, and that's fixed. COMMISSIONER COYLE: Okay. MR. WEIGEL: Slightly less at 450,000, which is what is in place right now. Page 166 December 14, 2004 COMMISSIONER COYLE: Okay. Now, is there something in the contract that specifies that that's what you would be provided? Was there just a failure to communicate here, or what happened with respect to this? MR. WEIGEL: When I made the -- when I made the revision on the floor, I said term life ins -- I haven't gone back to look at the minutes, but term life insurance, thinking that term was fixed term life insurance, as they call it, level term. I didn't use that phraseology, and so the contract says term life insurance. All employees receive life insurance for one year, or while they're in the employment of the county. And I thought that this was something different that I had talked with the board, but apparently as written, it didn't compute and work that way in the administration. COMMISSIONER COYLE: Ifwe -- if we agreed that your life insurance coverage should have been the same as the county manager's arrangement, what would be the cost of that; do we know? MR. WEIGEL: I don't know, but ifit were the same, then I've been out of the system -- of the county system for a year, year and a half, and paid the premiums myself, so I know there's a savings, but I expect it's less. COMMISSIONER COYLE: You were only out the system for a year, year and a half? MR. WEIGEL: That's -- yeah, a little over a year and a half. COMMISSIONER COYLE: Okay. MR. WEIGEL: That's right. COMMISSIONER COYLE: And you were paying them yourself at that point in time? MR. WEIGEL: Well, I didn't at first and then I was told that the county would no longer make payments, and so to preserve the policy, I started making payments myself till I got back to you. COMMISSIONER COYLE: And the payments that you made are higher or lower than the 2,270 that we're talking about for Page 167 December 14, 2004 500,000? MR. WEIGEL: So far I've paid a total in two premiums of $809.78. COMMISSIONER COYLE: Okay. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: I need to get some clarification here. Are we in the process of negotiating a new contract? Wasn't there a contract that was drawn up last year? MR. WEIGEL: It was extended last year, and that's when the -- COMMISSIONER HALAS: Extended with the -- with what? I mean, extended with -- MR. WEIGEL: No changes -- COMMISSIONER HALAS: Was there any changes to -- MR. WEIGEL: The only change was changing the term from whole life, which would have cost the county many thousands of dollars, to term life. That was the only substantive change to the document. COMMISSIONER HALAS: And was that an obligation that you had to be picked up or was that an obligation that the county said they were going to take care of? MR. WEIGEL: Well, having talked with risk management, I thought that the word term life did the job, but it apparently didn't. COMMISSIONER HALAS: So is that be -- is that an error on our part then? MR. WEIGEL: Absolutely not. COMMISSIONER HALAS: Okay. So I'm not sure where we're going with this. MR. WEIGEL: Well-- COMMISSIONER HALAS: Maybe you -- can you enlighten me a little bit more? MR. WEIGEL: Sure. Ifwe do nothing, then the policy will just be effectuated and I'll have the annual insurance no different than Mr. Page 168 December 14,2004 Mudd or any other employee. Mr. Mudd's and my contracts both provide for three times our salary, and so that's what it would be, and I can elect to either maintain a separate policy for life insurance or not. COMMISSIONER HALAS: Well, I have to pay my own life insurance policies. I don't get anything given to me here. MR. WEIGEL: Yes. Well, I am the product of a negotiated contract, which there were mutual desires, at least at the time that it was done. But be that as it may, if -- I told you I'm very flexible here. But it's a clarification that I need to know so I can make the appropriate action myself to either continue paying the premiums outside or -- and just revert back as Jim Mudd is to three times the annual policy that's in place for all employees. I didn't mean to spend this kind of time on this element. CHAIRMAN FIALA: Any other comments? COMMISSIONER COLETTA: Well, I don't know if we really clarified it. My motion's fluid, and I was looking for guidance to amend it as necessary to make it work. I don't think we have answered the part about the insurance. Where I left it off was that we allow the same dollar amount as we're doing with Mr. Mudd, but we don't know what that is, and we don't -- we really don't know how this whole thing comes together. I'm a little bit nervous about that unknown factor. You don't know, Mr. Mudd, what your insurance value is on yours? MR. MUDD: Sir, it's three times my salary. I believe that that's probably at around $480,000 right now today. COMMISSIONER COLETTA: No, I understand that. How much the cost of your insurance is? MR. MUDD: No, sir. It's the county policy that they have with the same insurer. It was the cheapest way to go. Mr. Olliff had something that was little bit different in his -- in his policy, and I basically said, hey, I don't want anything different than the employees Page 169 December 14, 2004 had. So I chose to go in that direction, which was a whole lot easier with some conversations with Mr. Mitchell prior to doing that. COMMISSIONER COLETTA: So my motion which says, you know, that we honor the contract with the same amount that we're spending on yours would still be valid -- CHAIRMAN FIALA: The same percentage? COMMISSIONER COLETTA: -- even though we don't know what the -- well -- CHAIRMAN FIALA: Three times the amount? COMMISSIONER COLETTA: Well, three times the amount, but whatever the cost is we spend on the county manager. In case Dave wants to use it in a different of direction and pay the difference, it's still valid. Do we have to know that amount now before we can act, or can we leave that part open? MR. WEIGEL: I think I've got an idea of a solution, and that is, I'll just go into the three times the salary, which comes into an odd number, which is okay through the county, and then if I wish to continue with a separate portable policy, which I'm already enrolled in at a cost of about 2,200 a year, I'll just elect to do it myself. COMMISSIONER COLETTA: The difference can't be all that great. MR. WEIGEL: No, but -- it won't be. It probably wouldn't be, but in essence, you're giving me the option to just take the cost, which we don't quite know, but I'm sure it's less than my annual premium right now. I could just go with the annual policy just as Jim does, and then I'll make my own decision on the outside premium with -- COMMISSIONER COLETTA: I think we clarified that part, but we still -- I'm looking for guidance from the commission before we go through a lengthy procedure here on the salary. And my motion was for eight percent for the two years, and we've heard a difference opinion from one commissioner that it should be eight percent for just Page 170 December 14, 2004 one year. Guidance, please. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: I was going to address the insurance issue, and I think you probably have already solved that, so I'm not sure that my comments would be relevant. I'm concerned that if the contract doesn't clearly call for the payment for a portable insurance policy, we probably shouldn't be trying to modify it at this point in time, but maybe take it up whenever the contract comes up for renewal. But I think it really is just an issue of, does the contract require us to pay for it or does it not? And if it doesn't, then I don't know how we can add it at this point in time without renegotiating the contract. So I think David's solution is probably the best one, as far as the insurance is concerned. CHAIRMAN FIALA: Okay. Did you want to make any more comments? COMMISSIONER COLETTA: No, I don't have anything else to add. CHAIRMAN FIALA: Okay. We have a motion on the floor and a second. Shall I try and repeat that motion? COMMISSIONER COLETTA: Please, give it a try. CHAIRMAN FIALA: Okay. I'll give it a try. Commissioner Coletta motioned, with Commissioner Fiala seconding, for eight percent merit pay increase for two years, for 2002 to 2003 and for 2003 to 2004, also to provide the county attorney with insurance at the same rate as our county manager receives. COMMISSIONER COLETTA: Or he has the option of using that money as he sees fit for another policy or even beyond the county system, for whatever that value is. CHAIRMAN FIALA: Okay. Was there any other portion to your -- Page 171 December 14,2004 COMMISSIONER COLETTA: Other than the fact that we get an annual review every October. CHAIRMAN FIALA: Oh, yes, and that the county attorney gives us an annual review each year. Okay. That's the motion and the second. I call for the vote. All those in favor, signify by saying aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. Opposed? COMMISSIONER HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Okay. We have two for, three against. Okay. Do you know -- do you need to know who they were? COMMISSIONER HENNING: Let me -- let me see if I can go through this. The -- actually what -- the motion that was on the floor was a merit pay increase for three years. COMMISSIONER COLETTA: Two years. COMMISSIONER HENNING: Well, two previous years and the upcoming year. MR. WEIGEL: No. COMMISSIONER HENNING: No? Okay. I'm going to make a motion that we provide a merit increase for the -- from October of '05 to October of '06 of eight percent. CHAIRMAN FIALA: That's next year? COMMISSIONER COLETTA: Next year? CHAIRMAN FIALA: Next year, the following year? COMMISSIONER HALAS: We're paying for performance that he's completed. COMMISSIONER HENNING: '05 -- I'm sorry, '04 to '05. Page 1 72 December 14,2004 CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: I'm sorry, October to October. MR. WEIGEL: We're not there yet, Commissioner. COMMISSIONER HENNING: We're not? MR. WEIGEL: No. That will come next October for both Mr. Mudd and myself, or July. CHAIRMAN FIALA: For your performance for the past year? COMMISSIONER HENNING: It's paid in arrears? MR. WEIGEL: Yes. COMMISSIONER HENNING: Oh, okay. MR. WEIGEL: It's a review of the past performances. COMMISSIONER HENNING: Thank you. Then I make a motion for 2003 in October to 2004, October. The -- we're bickering over portable insurance of the valuation of $2,000, and I don't think that we should bicker over that. Part of my motion is, include to provide portable insurance to the county attorney, the value -- for the term of $450,000. CHAIRMAN FIALA: Okay. Did you have a percentage of merit pay increase for 2003 to 2004? COMMISSIONER HENNING: Eight percent. CHAIRMAN FIALA: Eight percent for 2003 to 2004. Did you want to also include evaluation each year in your motion? COMMISSIONER HENNING: Yes. CHAIRMAN FIALA: So I have a motion on the floor for an eight percent merit pay increase for 2003 to 2004, a portable insurance policy paid by the commission for $450,000, and asking for a yearly -- a yearly performance appraisal. I'll second that motion. Discussion? Commissioner Halas? COMMISSIONER HALAS: I thought we just voted on this, didn't we? Didn't we have one vote that carried 3-2? CHAIRMAN FIALA: Yeah, but it was three against, two for. Page 173 December 14, 2004 COMMISSIONER HALAS: Oh, three against, okay. Excuse me. CHAIRMAN FIALA: That's all right, that's all right. So here we are agaIn. David? MR. WEIGEL: Thank you, Madam Chairman. You're only addressing one year, but I mean, there are ways to address both years with one number or a reduced number even, if you wish to do that, but there are two -- the contract provides for two years. So if the record is such that we're, you know, forfeiting '02/'03, then the record will so provide that there's no merit increase for that time. But it wasn't stated specifically, and I know during the course of today specifics have been kind of our anathema here. COMMISSIONER HENNING: Oh, okay. My misunderstanding, I'm sorry. I thought it was a yearly evaluation and contract. MR. WEIGEL: It is. The contract provides for an annual evaluation, and I did not bring it forward at the end of the year last year. In fact, I mentioned to you that I may not be able to bring it forward at that point in time. But be that as it may, I had to make a decision, do I bring it in the spring with another coming shortly thereafter or just work through and not have it come back so quickly. And that may be an erroneous decision on my part, but you've reduced the exercise to one time. COMMISSIONER HENNING: Okay. CHAIRMAN FIALA: So your motion stands? COMMISSIONER HENNING: Yes. I did understand it. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: Just for the record, why -- what was the problem that you didn't bring forth your performance review last year? What was the problem? MR. WEIGEL: Okay. I had eye surgery on September 22nd. I Page 174 December 14, 2004 had a period of convalescence afterwards where I was regaining a greater ability to see with ease. We approached the Christmas holiday. And I'm very busy just doing my job and -- with the other employees that I have, and, of course, the rest of the staff that we work with, so I just opted not to bring it forward at that point in time. COMMISSIONER HALAS: Okay. CHAIRMAN FIALA: Okay. We have a motion on the floor by Commissioner Henning, which I've already repeated, but if you'd like to, I can repeat again. COMMISSIONER HENNING: You did a fine job. CHAIRMAN FIALA: We're okay with that, okay. And a second by Commissioner Fiala. All those in favor, signify by saying aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Okay. That's a 4-1. Thank you. MR. WEIGEL: Thank you. CHAIRMAN FIALA: And we move on now to - Item #10C CONSIDERATION OF A MULTI-COUNTY AGRICULTURAL MR. MUDD: Commissioner, this brings us to item 10C, and this item's continued indefinitely, and I wanted to make sure that I just read it and got your -- you don't have to vote on this. Page 175 December 14,2004 Basically, when the gentleman came forward with a petition to talk about the multi-county agricultural extension position, the board asked me to bring that back, and the date that was set to bring it back was the 14th of December. Since that particular time, we've had an appeal with the sheriffs budget, and at this particular juncture I don't think it's appropriate if we add that to this year's budget pending that appeal and that process, so I called the gentleman and said, until further notice we're going to continue indefinitely on this particular item until we get some kind of resolution on the present appeal that's in Tallahassee. COMMISSIONER HENNING: Move to continue. COMMISSIONER COYLE: Second. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) Item #10D RESOLUTION 2004-390: A HAZARD MITIGATION PLAN FOR COLLIER COUNTY ALSO APPLICABLE TO ITS MR. MUDD: Ma'am, that brings us to 10D, and that's approve and adopt a resolution of hazardous mitigation plan for Collier County also applicable to its municipalities. Copies of the hazardous mitigation plan are available for review at the county manager's office, Page 176 December 14, 2004 the third floor of this building, and all Collier County public libraries. Mr. Dan Summers, the director of emergency management will present. MR. SUMMERS: Commissioners, good afternoon. Dan Summers, director of the Bureau of Emergency Services. On a lighter, personal note, please excuse my incomplete uniform of the day, as I experienced a wardrobe malfunction this morning. Not of Superbowl caliber, however. COMMISSIONER COYLE: It wasn't with the pants. MR. SUMMERS: That's correct, that's correct, so bear with me, and thank you for your indulgence, but good afternoon. Couple things I want to mention to you very quickly. I've got to pass out just a few accolades on this effort. This encyclopedia that you see here is a result of one year of very intensive hazardous -- hazard mitigation planning efforts with a very large team. Mr. Mudd kicked off our hazard mitigation planning effort, and despite the fact that we lost well over 60 days of staff time due to something we were doing in September hurricane-related, we still have met -- actually met all of our deadlines. Rick Zyvoloski is our emergency management coordinator. He has just a few power points he'd like to go over with you in this hazard mitigation strategy. I want to thank the Collier County Citizen Corps who was heavily involved in some input, a large staff from Joe Schmitt's office at CDES working with us to pull together all of the potential disaster impacts and help put us into a disaster mitigation planning process. And if I can -- if I can coin a phrase here, is that this effort that you see here is now the cornerstone of building Collier County as a disaster resistant community. And there's just an enormous amount of work that's gone into this. This is a strategy. This will be a fluid document as we recognize more hazards, as we find more funding opportunities to help make Collier County more disaster resistant. Page 1 77 December 14, 2004 But, again, just an enormous team effort both in the civilian public side as well as the local municipalities, and I want to thank them for their effort. Rick, if you'll come forward and hit a few bullets for the commissioners, please. MR. ZYVOLOSKI: Good afternoon, Commissioners. My name is Rick Zyvoloski, for the record, also am the chair of the local mitigation strategy working group, an elected position. The hazard mitigation plan is a result of federal law where the federal government is interested in making the whole country disaster resistant, and they have levied certain requirements on us, each jurisdiction that -- if they want to obtain any of the federal monies to help in mitigating the effects of disasters, they have to plan, and so that's where we are right now, the main planning areas. They're really interested in the process. They want public involvement, adoption by the government. They're looking for a unified strategy, and that's where we are. And the big emphasis, again, is the public involvement. They wanted to see that continuing. Next three slides are just to give you an idea of the team that was involved in developing this plan. We've had health department, state -- people from the state, water management districts, from the cities, we've had involved there, a couple businesses, and it's an overall effort. And we get -- we have new faces all the time come to our monthly meetings. Basically the strategies all revolve around the disasters. They deal with areas of wind protection generator systems. And we're not just looking at one grant type opportunity. It's a whole range of opportunities. We're just -- we're cataloging all of our initiatives under -- under one plan in order to provide more impetus to help, perhaps, fund another grant opportunity using the fact that it's making Collier more disaster resistant as a bit of strengthening to their initiatives. Page 178 December 14,2004 That concludes my presentation. COMMISSIONER COYLE: Motion to approve. COMMISSIONER HENNING: Second. CHAIRMAN FIALA: Second. Okay. I have a motion to approve by Commissioner Coyle, a second by Commissioner Henning. Any discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: We have a 4-0 on that. Now we have to go back to item lOG -- I mean 8G, excuse me, which is l6A2. MR. MUDD: No, ma'am. I think -- I don't mean to disagree with you. I believe we're on 10E. CHAIRMAN FIALA: Yes, but we didn't do 8G, H, I, oh -- or are these 10? MR. MUDD: These are 10, ma'am. CHAIRMAN FIALA: Oh, I'm sorry. I've got them written under the wrong line, excuse me. Thank you. MR. MUDD: And that would bring -- CHAIRMAN FIALA: You can disagree with me on that. Item #lOE RECOMMENDATION TO APPROVE THE SELECTION COMMITTEE'S RECOMMENDATION AND APPROVE A Page 1 79 December 14, 2004 PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS IN THE AMOUNT OF $11,275,020 PURSUANT TO RFP #043673 FOR DESIGN AND RESIDENT ENGINEERING SERVICES THROUGH THEW ARRANTY PERIOD RELATED TO THE CONSTRUCTION OF THE NORTHEAST WATER RECLAMATION FACILITY AND THE NORTHEAST WATER TREATMENT PLANT, PROJECT NUMBERS 70902 AND 73156- MEROVED MR. MUDD: The item 10E is a recommendation to approve the selection committee's recommendation to approve -- I'll get to it. Let me start over again. This is item 10E. It's a recommendation to approve the selection committee's recommendation and approve a professional services agreement with Carollo Engineers in the amount of $11,725,020 pursuant to RFP number 04-3673 for design and resident engineering services through the warranty period related to the construction of the northeast water reclamation facility and the northeast water treatment plant. It's project number 70902 and project number 73156. And Mr. Harry Huber, senior project manager for public utilities, will present. MR. HUBER: Good afternoon, Commissioners. For the record, my name is Harry Huber, senior project manager with the public utilities engineering department. This item consists of a recommendation for approval of engineering services for design and construction of a water reclamation facility and water treatment plant to provide service to the expanding northeast region of Collier County. The staff recommendations for this item as set forth in the summary are as follows: Approve selection of Carollo Engineers as recommended by the selection committee for RFP number 04-3673, approve a professional services agreement with Carollo Engineers in Page 180 December 14,2004 the amount of $11,725,020 with 3,249,000 authorized at this time, and authorize the chairman of the Board of County Commissioners to execute the professional services agreement after approval by the county attorney's offices. This project entails the construction of a water reclamation facility otherwise known as the wastewater treatment plant and a water treatment plant on the 2l6-acre property located east of the Collier County fairgrounds and north of the Palmetto Ridge High School. The red arrow depicts the project location as shown in the 2003 master plan update approved by the board on May 25th, 2004, which is located in the northern portion of the existing Orangetree PUD. The current site of the proposed treatment plant consists of the 208 -- 2l6-acre property acquired by the board on May 13th, 2003. The agreements for sale and purchase of this property specifically identified the use of this site for a water reclamation facility, water treatment plant, community park, and a residential recycling drop-off center. As indicated in this conceptual site plan, water and wastewater facilities would be collocated on the site and designed and buffered to promote community acceptance. Park and recreation facilities and a residential recycling drop-off center would also be located on this site. Briefhistory of the project to date. In December of200l, the Board of County Commissioners approved the waste and wastewater master plan updates. These plans identified the need for additional water and wastewater plants to serve the northeast region of Collier County . On May 13th of2003, the Board of County Commissioners approved the purchase of the 2l6-acre property located in the Orangetree PUD for the location of the proposed water reclamation facility and water treatment plant to serve the northeast region of Collier County. Page 181 December 14, 2004 In December of 2003, the Board of County Commissioners approved a work order with WilsonMiller to perform professional services related to an application to rezone the property for its intended use. And in September of 2004, the nine-member selection committee ranked Carollo Engineers number one to perform engineering services for construction of the water and wastewater facilities. Based on the results of the selection committee recommendation, staff and consultant, Malcolm Pirnie, have worked with Carollo Engineers to develop a very detailed 60-page scope of work describing the tasks to be performed by Carollo. Major tasks include major extensive public involvement assistance, assistance with all permitting, preliminary and final design services, construction phase services, and training, start-up, and warranty period services. Since the purchase of this site, the staff has been active in promoting public knowledge of the proposed uses of the site. We have participated in a town hall meeting conducted by Commissioner Coletta in April of 2004. We've conducted tours of the south county water reclamation facility and the north county water treatment plant with residents who live near the site. We have also made personal visits to several concerned neighborhoods who adjoin the property to the north. As we proceed with the design and subsequent construction of these facilities over the next five years, we have identified a list of activities that the staff and our consultants will organize and participate in to ensure that the public is fully informed of the project impacts. Those include an upcoming town hall meeting in April of next year, the public information meeting that's required as part of the rezone process, formation of a community advisory panel, neighborhood workshops, public information website, project newsletter, and appropriate collateral materials and public forums. Page 182 December 14, 2004 The total negotiated amount for this agreement is $11,725,020, which consists of fees for basic design services, services during construction, special services, allowance for unseen conditions, and a cost of business adjustment over the projected life of the contract. With approval by the board, the project would begin in January of 2005. Site planning and design of the facilities will take place through July of 2006, and construction will occur through July of 2009. Once again, I would like to present the staff recommendations for this item. Those are to approve the selection of Carollo Engineers as recommended by the selection committee for RFP number 04-3673, approve a professional services agreement with Carollo Engineers in the amount of$11,725,020 with 3,249,000 authorized at this time, and authorize the chairman of the Board of County Commissioners to execute a professional services agreement after approval by the county attorney's office. That concludes my presentation. I would be glad to answer any questions you may have at this time. COMMISSIONER COYLE: Commissioner Halas, were you first or Commissioner Henning? COMMISSIONER HALAS: Oh, I think Commissioner Henning was first. COMMISSIONER HENNING: Well, I've got a lot of questions. You want to go first? COMMISSIONER HALAS: Sure. Thank you very much. My concern is because of the amount of development that's taking place out there, will we get this plant online soon enough -- both these plants online soon enough to take care of the large amount of growth that we've already approved out there in the recent board meetings? And how soon? You're projecting only 2009. Is there any possibility of getting these facilities online to take care of the large amount of growth? Page 183 December 14,2004 MR. HUBER: If I may, I'd like to have the administrator answer that question. COMMISSIONER HALAS: Sure. MR. DeLONY: For the record, Jim DeLony, public utilities administrator. Sir, the service area for that area, I mean, the actual obligation to provide centralized services, we don't have the authority in the Orangetree area to do that. The Orangetree area, where a lot of, I think, your concerns are, we don't have the ability to provide those services in that area until 2012, because by agreement, that's when essentially their time is up and our time begins in terms of the servIces. COMMISSIONER HALAS: My question was the Orangetree Ranch area. MR. DeLONY: Yes, sir. COMMISSIONER HALAS: And I'm sure there's some more development that's going to take place out in that general area. It wasn't specifically the Orangetree area as such. MR. DeLONY: Those, right now -- you know, that right now, as I know, I think that's the immediate ones that you all have been concerned about. But we aren't in that business out there till 2012. COMMISSIONER HALAS: Okay. Now, the other question I have, even though we haven't rezoned the land at this point, this plant really is not site specific; is that correct? I mean, if something should happen, we can still go along and do all the design work because there's a couple of other locations, I think, in Collier County where we're going to have wastewater treatment plants and freshwater treatment plants. So it's not site specific as far as the engineering concept of this; is that correct? MR. DeLONY: The actual design will be site specific. The question will be when you make the second decision. COMMISSIONER HALAS: Okay. Page 184 December 14,2004 MR. DeLONY: Ifwe stay on track with our zoning time line that you were briefed on and if there's a difference at that time, a direction from the board, we could suspend the design activities without significant loss in terms of effort. COMMISSIONER HALAS: That's right, yep. MR. DeLONY: And then take that effort and move it to a different location. But at some stage of the game, you'd move from general specifications or general design criteria to a site specific design criteria, but that would come much later, I believe, than what we envision our current project delivery timeline. I think I've answered your question. COMMISSIONER HALAS: You sure did. MR. DeLONY: Yes, sir. COMMISSIONER HALAS: Yes, please, thank you. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: This is the largest design contract that the Board of Commissioners ever approved, or am I assuming that? To your knowledge? MR. DeLONY: Sir, I don't know. COMMISSIONER HENNING: Who's the project manager for this job? MR. DeLONY: The project manager's Mr. Huber, who just briefed you, sir. COMMISSIONER HENNING: Okay. The contract states that WilsonMiller is the contract manager for this, but in reality they're just the person to do the rezone? MR. DeLONY: Yes, sir. COMMISSIONER HENNING: The firm. Did the board approve that contract? MR. DeLONY: Yes, sir. COMMISSIONER HENNING: Okay. So Mr. Huber will be telling the contractor -- will be reviewing the payment slips that the Page 185 December 14, 2004 contractor provides? It won't be any other outside firm? MR. DeLONY: Sir, the -- Mr. Huber will ultimately be responsible for the review of those progress payments. As you may not know, sir, we use an integrated project delivery team consisting of the public utilities engineering department, the clerk of courts, as well as outside consultants at times to ensure that what we're providing in terms of progress payments are adequate and meet the intent and specifications of the contract. COMMISSIONER HENNING: Is that CM@RISK? MR. DeLONY: No, sir. That would be the methodology that we're looking at for the acquisition of the actual construction. This particular contract deals strictly with the design of the plan itself. COMMISSIONER HENNING: Okay. What is CM@RISK? MR. DeLONY: Sir, it's -- Construction Management Risk is an acquisition strategy for construction which provides for something different than the traditional low bid or lowest bid type of acquisition. It's a specific type of strategy that allows you to allocate the risk associated with the construction in a different way than that in traditional procurement methodologies. COMMISSIONER HENNING: Okay. MR. DeLONY: We have used that method with great advantage in numerous projects here within Collier County inside public utilities and other places within the county. COMMISSIONER HENNING: Okay. That's great. It's not a firm or anything like that; it's a tool? MR. DeLONY: Yes, sir. COMMISSIONER HENNING: Okay. I see that there's a lot of travel time included in the contract. Now, those firms are, except for WilsonMiller, from outside of the county. Carollo is based out of Sarasota, so we base -- are we giving them travel time from Sarasota to Collier County? MR. DeLONY: Do you have the specifics on that? Page 186 December 14,2004 Normally in the fee schedule, there will be specifics with regard to travel and to hours served with regard to the -- to the effort. I'm not able to answer that question specifically right now, sir. COMMISSIONER HENNING: Well, why don't we -- why don't we just clarify it, because this is in our contract. And then we have a 32 cent per mile reimbursement for travel time, too. So you've got the travel time and then the travel hour time. And I'm kind of reluctant to pay somebody that was -- just because they're out of town, give them time to travel from their office in Sarasota down to their job if they need to come down here. Can we remove that? Would that -- MR. DeLONY: The package that we negotiated we felt was fair and accurate with regard to the totality of the effort we're asking them to do. That aspect of it is just one aspect of that design effort that you're speaking to. COMMISSIONER HENNING: All right. Are-- MR. DeLONY: Just a second. Just a second. Can I answer -- let me see what -- Harry, go ahead. Introduce yourself again. MR. HUBER: For the record, Harry Huber, senior project manager for public utilities engineering department. If I'm correct in what you're referring to, I think that's -- in the fee schedule in the professional services agreement where it talks about the travel, those fee schedules are specifically for if we have -- request them to do any additional services, but the contract itself is a lump sum contract so they wouldn't be paying -- be paying -- be paid anything additional for any travel under the basic contract. Those fee schedules in the professional services agreement are strictly for any additional services that we may request them to do outside of the, you know, lump sum contract. So if I may, I could maybe have Ms. Lynn Wood from the purchasing department confirm that, but that's my understanding. COMMISSIONER HENNING: Okay. Page 187 December 14, 2004 MS. WOOD: Lynn Wood, purchasing agent and contract specialist for your purchasing department. Mr. Huber is correct -- COMMISSIONER HENNING: Okay. MS. WOOD: -- about what he said. COMMISSIONER HENNING: So the analogy, if Mr. Huber says, go over to Fort Lauderdale and look at this plant, they've got a great new thing going on, they would get reimbursed for time and travel, but under the contract, they won't get travel time from their office to the site or the office to Mr. Huber's office? MS. WOOD: Correct. You're correct, sir. COMMISSIONER HENNING: Great. I feel a lot better about that. But there is some overtime being -- in what cases would they be paying overtime when it's a fixed contract? I don't understand that. MR. HUBER: I don't -- the best of my knowledge, there's no provision for overtime in the lump sum contract. I mean, it's -- the lump sum contract is a negotiated -- COMMISSIONER HENNING: I'm sorry. I misread that. MR. HUBER: Okay. COMMISSIONER HENNING: And I apologize for all these questions. I received this contract yesterday and finished it up today. MR. HUBER: And it's -- primarily that's the county's standard professional services agreement. That main thing that we insert into that would be the scope of services, which is that 60 pages, and then the -- you know, the fee schedules that I mentioned before relative to additional services. COMMISSIONER HENNING: The $3.2 million, what would that be? Would that be the preliminary design and architectural and-- MR. HUBER: That would -- primarily, that's -- that's the -- where I arrived at that figure is that's the amount remaining, available funds in the budget for this fiscal year. And, in fact, in the executive summary, I recommended that we base the authorization on an annual -- to proceed on an annual basis based on the amount of fundsm Page 188 December 14, 2004 available in the budget. But that would just primarily take us through preliminary design, which then would not be site specific at the particular point in time at the end of this fiscal year, and which would also coincide with the rezoning approval. COMMISSIONER HENNING: In the -- in the contract it refers to landscape architectural -- architectural, which includes landscaping, decorative walls, fencing, building to development. Is that in accordance to the land development code, or is that -- MR. HUBER: Absolutely. That would have to meet the minimum requirements of the land development -- COMMISSIONER HENNING: And that's a minimum of the land development code? MR. HUBER: Correct. COMMISSIONER HENNING: I guess -- MR. HUBER: And that would -- COMMISSIONER HENNING: This will be answered in the rezone, will it have to meet architectural standards? Cost of the business adjustment? MR. DeLONY: Yes, sir. COMMISSIONER HENNING: And every year that this contract is going forward, there would be an annual cost of business adjustment? MR. DeLONY: Yes, sir. That keeps it competitive over the life cycle of the contract, this being a multi-year contract. That's much-- in my view, sir, I recommend that that is a good a way of doing business when we know what those fixed rates would be, and people wouldn't unnecessarily wire all those into the full life cycle of the contract. We have some control over those escalating costs. COMMISSIONER HENNING: Here's one concern that I have. Schenkel/Shultz -- and I guess this is my biggest concern. Schenkel/Shultz Architectural -- and are they the -- for the noise Page 189 December 14,2004 abatement, are they doing noise control services or are they doing architectural services? MR. DeLONY: Architectural, sir. COMMISSIONER HENNING: Okay. In the hourly rate schedule we have an executive and then the partner and then the principal, but then you get into the people who are doing the work, and I'm kind of objecting to paying the owner $265 an hour, and I'm not sure what he does except for, you know, make payroll. MR. DeLONY: As briefed by Mr. Huber earlier, the contract that we're asking you to approve is a lump sum contract. Those rates that you see would be those rates we would use if we had additional services, required additional services outside the current scope of the contract. I can promise you if we're going to bring someone on at 265 an hour, we're going to take a hard look at that. COMMISSIONER HENNING: 285, I'm sorry. MR. DeLONY: Excuse me, 285 an hour. We'll make a hard-- make sure we do a hard look at that, make sure that's true value for the contract. COMMISSIONER HENNING: It's a part of the contract, and I just can't understand what an executive's getting paid for when it's really the people who works for the executive is going to do all the work. MR. DeLONY: Well, again, sir, I don't know if I can answer your question any different than what I did. Within the scope of services that we've detailed for this -- COMMISSIONER HENNING: Right. MR. DeLONY: -- project, we have a lump sum that the county is being asked to pay -- COMMISSIONER HENNING: I know, I know. MR. DeLONY: -- should it come time that we need additional services or we find out of scope requirements. Certainly we don't want to be hitting that $285 fee very hard, and we'll make sure that, Page 190 December 14, 2004 with the project delivery team and the clerk, that what we're getting is of a fair and reasonable value. COMMISSIONER HENNING: And I understand it's a lump sum figure. MR. DeLONY: Yes, sir. COMMISSIONER HENNING: And I just hope you heard my concerns -- MR. DeLONY: Yes, sir, I do. COMMISSIONER HENNING: -- because I just have a real problem with that. MR. DeLONY: Sir, I understand. CHAIRMAN FIALA: Okay. We have Commissioner Coletta next. COMMISSIONER COLETTA: Thank you. Commissioner Halas brought up some good points, and that had to do with the present utility that's there and can they supply to a given point in time. We can't guarantee what Orangetree Utility's going to do. I mean, we've had all sorts of problems for some time; however, we did have it built into our code and our laws that in order to get your CO, you have to have a certificate of adequate facility; is that correct? MR. DeLONY: Yes, sir, that's true. COMMISSIONER COLETTA: So if at some point in time there is a falling off and they do not have the capacity to be able to handle the next thing that's coming down, the existing customers will be protected over and above anything new coming in. And I think that some of the developers that are into that area now and are going into that area realize that if there is a falling out, they may have to provide for their own facilities to that point in time the county comes in -- online. The problem if Orangetree Utility goes down, it's real deep, goes very far. And if they do fall along the way, I'm going to expect that the county's going to bring the full force of whatever resources it can Page 191 December 14,2004 bring against them to bring them into compliance. One of the things though that I am a little bit concerned about, and that has to do with the zoning by contract. That's what the appearance of this is. Could you tell me, assure me of the fact we doing the right thing according to the way we're set up and the public process? MR. DeLONY: Sir, I'm going to defer to the county attorney first, then I'll follow him. Sir? MR. WEIGEL: If I may, thank you, Jim. The term that we typically work with is contract zoning where the zoning itself is contracted with the owner, petitioner, or developer. In this particular case, we own the property, the 216 acres. And so it's -- one might say it's impossible to do contract zoning with ourself; however, I can state, however, that there will be a process no different than the process that would occur with anyone with a rezoning where this property -- this property will need to come through the self-induced, county-induced petition process with staff, be administered, come to the planning commission and then to the Board of County Commissioners. The planning commission as well as staff will make recommendations to you. Ultimately the board will have the determination as to whether to rezone the property or not. It's always in your prerogative. You will never be forced to make a decision one way or another. As Mr. DeLony and Mr. Huber indicated, this contract does, in fact, become site important or site critical at a point in time later on, and I believe -- and they can correct the record if need be -- that the rezoning process instituted will come to pass and a decision made before we reach that time critical period of site specificity with this particular structure that's being designed. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: That's it. Yes, I had a question also. Page 192 December 14,2004 On page 2 it was saying the estimated cost of construction for the initial phase, and then you give the 60 -- $60 million plus $78 million. What does initial phase mean? MR. DeLONY: This would be the first increment of construction. In the master plan we've got plan expansions from the beginning throughout the life cycle of construction of that plant before we get to full build-out, and that's for the first increment of capacity for those plants. CHAIRMAN FIALA: Oh, I see. MR. DeLONY: Yes, ma'am. CHAIRMAN FIALA: So in other words, this is for now for these functional plants -- MR. DeLONY: Yes, ma'am. CHAIRMAN FIALA: -- to go into operation. It's going to cost us $78 million, and then if, indeed, we want to expand those plants, then that will be the next phase. This wasn't just year one? MR. DeLONY: No, ma'am. CHAIRMAN FIALA: Okay, fine. MR. DeLONY: And we'll be -- of course, be back to you and talk to you about the timing of all of those issues -- excuse me -- of that construction, you know, since subsequent meetings, but this is the first phase of construction. It will do a lot to set the footprint for the ultimate build-out in terms of the land use, obviously, in terms of the actual arrangement of the site development plan, the site itself, and then all of it would be viewed toward ultimate build-out of that site for full build-out, full utilization of that site in terms of plant capacities and plant functions. CHAIRMAN FIALA: And full build-out is what, like in 30 years or so? MR. DeLONY: Well, you know, I'm going to reserve that one for AUIR on Friday. CHAIRMAN FIALA: All right. Page 193 December 14, 2004 MR. DeLONY: But I am going to tell you clearly that -- to be seen. You know, we want to have flexibility to meet the needs and the compliance requirements that aren't foreseen. But best guess, today, by your staff and by your direction -- but our intent is to look at this in a very flexible way and allow for those capacities to come online in a cost-efficient and best value manner, so -- CHAIRMAN FIALA: I just wanted to make sure we weren't paying $78 million every year for the first five years or something, okay. You know, when it says first phase, that's what it -- okay. MR. MUDD: No, ma'am. I believe in that contract they're talking about 10 million gallons of water and two million gallons -- MR. DeLONY: That's correct, Mr. Mudd. MR. MUDD: And I believe the ultimate build-out on that plant will be 20 million gallons of water and 10 million gallons of sewer, or thereabouts. MR. DeLONY: That's our current plan. CHAIRMAN FIALA: Okay. MR. MUDD: Six million gallons of sewer. I stand corrected. CHAIRMAN FIALA: Good. I feel so much better. Thank you. MR. DeLONY: Yes, ma'am. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yes. I think we've accomplished a lot in this county in the last few years catching up to where we should have been in the long haul. And in a short period of time we've accomplished a lot. And I feel that at this time I'd like to make a motion for approval on this project. I think we have to make sure that we plan for the future. And the way that growth is going on in that general area, we have to make sure that we're ready for the future. So I make a motion that we approve this proj ect. COMMISSIONER COLETTA: I'll second it. CHAIRMAN FIALA: Okay. I have a motion on the floor to Page 194 December 14,2004 approve the proj ect and -- by Commissioner Halas, second by Commissioner Coletta. Commissioner Coyle? COMMISSIONER COYLE: Just two comments. One is on the issue of concurrency. We do see a lot of development out there and we know that the existing water utility serving that area has been having great difficulty. Just so that the public understands, although there was a PUD modification or rezone, a separation of a PUD, we have done nothing which will grant anybody the right to build anything yet in that area. We will -- they will have to demonstrate that the capacity exists at that utility before they can build anything, and that might require the new PUD petitioner to contribute money to that utility or create their own package plant to service their new development. Right? MR. MUDD: That's correct, sir. COMMISSIONER COYLE: Okay. So although there has been talk of about 1,200 units being built out there, nobody has a right to build anything yet. And certainly where we get to that point, we're going to be talking about phasing that development, them developing their own package plant to provide services or them contributing money to the existing Orangetree facility so that additional -- the additional capacity will be available. Now, the other -- other point is that there is a good reason in contracting, particularly when personal services are involved, to include the list of salaries of the people who are likely to be called upon to do additional services. The reason for that is, you want to know up front what the billing rates are. You don't want to be surprised about it later. So you get them committed in writing right now on what they would charge, and then you know that you're not going to get ripped off later when you're over a barrel and you need to have some additional services and you find out they want to charge you $300 an hour rather than 250. Page 195 December 14, 2004 MR. DeLONY: Yes, sir. COMMISSIONER COYLE: So that's the primary reason you want to have those locked in to protect you. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Well, I -- I'm glad this project is coming forward, and I agree with the statement that we ought to know everything up front about charges. The only thing I disagree with is paying the executive, the partner and principal something when I just can't see that they're going to be an added value to the -- this proj ect. And I would assume that their senior project architect and the architect and the CAD operator will be, so -- COMMISSIONER COYLE: Well, those are sometimes the most experienced people in the company. They are, themselves, engineers or architects, and many times you want some high powered pressure on something to get something done, and you might ask them to attend a meeting to make sure that you're getting the emphasis that you need. And so that's the way you do it, that's the reason you do it. COMMISSIONER HALAS: It's just like when you had your business, if somebody came to you when you had your business before you took on this endeavor, and things weren't done right, they came to you and you made sure that it got done right, so. COMMISSIONER HENNING: Well, Commissioner Halas -- COMMISSIONER HALAS: And they paid you for your servIces. COMMISSIONER HENNING: In the other companies you don't have the executive and the CEO and the partners' salary in here. It's just that one firm. COMMISSIONER HALAS: Well, if the CEO is your top individual that has the company, then, yeah, you're going to pay him for the services rendered. You may be -- COMMISSIONER HENNING: Well, Carollo's not asking for it, so I hope you're not suggesting paying them some money. Page 196 December 14,2004 COMMISSIONER HALAS: Well, no. COMMISSIONER COLETTA: Call the motion. CHAIRMAN FIALA: Okay. We have a motion on the floor and a second. All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Okay. We have a 4-1 vote on that. MR. DeLONY: Thanks, Commissioners. CHAIRMAN FIALA: Now, you know what I'd like to do, I just asked Sue Filson out here if all of these items that we've pulled off the consent agenda, how many have speakers in the audience, and we have four items that have speakers in the audience. So the other three we do not. I'd like to go to these four first, if that would be all right with you, Commissioners. Okay. And the first one is l6A3, which is the property tax stimulus program. And we have three speakers on that. Item #lOH AN APPLICATION FOR THE PROPERTY TAX STIMULUS PROGRAM, ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM AND THE JOB CREATION INVESTMENT PROGRAM BY ADVOCATE AIRCRAFT TAXA1J.QN COMEANY - A~OVED MR. MUDD: And that's a recommendation to approve the application for the Property Tax Stimulus Program, Advanced Page 197 December 14,2004 Broadband Infrastructure Investment Program, and the Job Creation Investment Program by Advocate Aircraft Taxation Company, and this item was moved from the consent to the regular agenda by Commissioner Henning, and Ms. Amy Patterson, our impact fee coordinator, will present. MS. PATTERSON: Hello. For the record, I'm Amy Patterson. I'm your impact fee manager from community development. And if you want to -- I don't know if you want to start with the public speakers or if you have questions for me first. I can answer any of your questions. CHAIRMAN FIALA: I, too, had pulled this because I also had questions, but wait until we have the public speakers. We don't have to close the public hearing then, do we? MS. FILSON: No. CHAIRMAN FIALA: Okay, fine. Why don't we -- as long as that's okay, with you. MS. PATTERSON: Fine with me. MS. FILSON: Ready for public speakers? CHAIRMAN FIALA: Yes. MS. FILSON: Dick Botthof. He will be followed by Marsha Sutherland. MR. BOTTHOF: Yeah. For the record, my name is Dick Botthof, and I'm the executive director of the Regional Business Alliance, which is a subset of the Economic Development Council. We're kind of a marketing extension of that. And I'm here to speak in favor of bringing this company to Collier County. I think it's a classic example of the type of companies that we want to attract to Collier County. It's obviously a clean industry. It's a -- high wages. If my memory serves me correct, the wage is somewhere two and a half times north of what our average salary is in this community. They're all professionals, they're young people. They're the type of Page 198 December 14,2004 people who will add to the fabric of our community, and I would strongly recommend that the commission support these incentives. It's what we're looking for in the county. CHAIRMAN FIALA: You know, I better say up front why I didn't want it pulled so that this way then you know what you're dealing with from this commissioner anyway. The reason I had it -- or I wanted it pulled was because in this entire summary, they sounded like a great company, but there was nothing that told us what their background was, what their credit background was, what their financial feasibility was. And, you know, we had that little problem with Sapphire, and I don't know -- I don't want to see that again. And actually I was going to suggest to EDC that from here on in, when they ever submit anything to us, it gives us more information. We don't know how many years the company's been in process. Although it says they lease the space they're in now, I don't know if they can afford a space. There's nothing in here that gives us that-- MR. BOTTHOF: Well, Commissioner Fiala, one of the things that I brought, and I'm sure someone else has that, but I just took the liberty of copying some excerpts off their website, but it also gives you quite a bit. And the owner of the company actually has a home here, and these are the -- CHAIRMAN FIALA: But you know, can you say anything on a website. MR. BOTTHOF: Oh, I know that. I'm-- CHAIRMAN FIALA: Right. MR. BOTTHOF: -- simply saying it for point of information and CHAIRMAN FIALA: Well, there was so much lack of information in here, it really threw a red flag for me. So -- and thank you, Dick, I didn't mean to -- MR. BOTTHOF: No, no. No problem. Page 199 December 14, 2004 CHAIRMAN FIALA: -- interrupt you. MR. BOTTHOF: Thank you. CHAIRMAN FIALA: Next speaker? MS. FILSON: Next speaker is Marsha Sutherland. MR. BAKER: Commissioner, excuse me. Denny Baker. Can I say something, please? CHAIRMAN FIALA: Sure. MR. BAKER: For the record, Denny Baker, director of financial administration and housing. One -- and your point's well taken, but we have to be careful because when that information is provided to the county, it becomes public information. If it's a privately-held company, the proprietor, the owner, may have serious reservations about giving that to us. That's the reason we use the EDC to filter all that for us. Now, granted there is some information we can expand and include in that, but certainly some of that may be considered proprietary and confidential. CHAIRMAN FIALA: EDC could just say to us -- MR. BAKER: Yes, ma'am. CHAIRMAN FIALA: And nobody's asked them to do this. I'm not admonishing anyone. Let me just say, EDC could then do this background check and let us know when they submit this that their credentials have been thoroughly investigated and they give their nod of approval. MR. BAKER: We can do that. Thank you. CHAIRMAN FIALA: Okay. MS. FILSON: Your next speaker is Marsha Sutherland. She'll be followed by Tammie Nemecek. MS. SUTHERLAND: How do you do, Commissioners? My name is Marsha Sutherland. I am an attorney. I'm admitted to practice in the State of Florida. I am admitted but inactive in Ohio and Georgia. I've lived in Naples for about five years. I am a new Page 200 December 14,2004 employee of Advocate Consulting, and I've been asked to speak on the financial stability of the company. The company is closely held, privately held, by Lou Meiners, who is a resident of, part time Indiana and part time here. He has been involved with this company, Advocate Consulting, ever since the inception of Blue & Company, which was its predecessor. About 10 years ago, Mr. Meiners became the managing partner of this portion of Blue & Company, and seven years ago he purchased it. Ever since the purchase date, this company has been debt free, and it has made a profit. Today it is still debt free and is still profitable, expecting gross income of about $5 million. I spoke with Mr. Meiners today to get this information from him. It has substantial net worth. It's 100 percent owned and controlled by him. He's admitted to practice law in Indiana, and he's also a CPA. He's not admitted here. The intention is to bring about 60 employees here in January. We have two lease prospects. One of them will be a long-term lease commitment of five years. We have not signed that agreement yet; waiting to see what happens here. The other one is short-term lease space for a period of one year in Poinciana Office Park, and that would be short term. It's all ready for us to move in, take over the phones, the desks, everything, so that we immediately bring employees from Indiana. I am currently working through the Indiana office. I live here, so they're letting me work here, but all of the relationship so far has been through Indiana. This company has about 60 employees in Indiana. And of that number, we're hoping to bring down about 25 to 30 in January or February, and then more than -- you know, hire extra people here for those who come to work here to have paralegals and other secretarial administrative staff. Okay. That's the extent of my information. Page 201 December 14, 2004 CHAIRMAN FIALA: Thank you. Next speaker, please. MS. FILSON: Your final speaker is Tammie Nemecek. MS. NEMECEK: Good afternoon. Tammie Nemecek, executive director for the Economic Development Council of Collier County. I would like to talk about the application and answer any questions that you might have specifically with regards to the company that we're in the process of recruiting here. And to keep in mind that this company is still in that decision process, and we are competing with Indianapolis in order for the company to stay there. It was really something kind of out of the realm of thought from the company to actually put the facility here, even though the owner had a part-time home here. And through the partnership, through the regional business alliance, they were getting -- they were going through the process of looking for facilities up in Indianapolis, and luckily we have the context through the RBA where we could offer them an opportunity to, instead of expanding up there and building a facility up there, that they could actually come down here and move their company here. And through this partnership and the incentive program offered by the Board of County Commissioners, we are close to that decision of the company actually locating here. And again, as addressed by Mr. Botthof and Ms. Sutherland, the company will be creating 60 new jobs with an average wage of $62,000, which fits into the criteria for the high impact companies for Collier County in the incentive program. CHAIRMAN FIALA: Thank you. Commissioner Halas? COMMISSIONER HALAS: Yes. I -- there was a statement that threw up a flag on here, and I have some concerns about it. And it says, the State of Indiana offers competitive incentives such as economic development for the growth economy edge credits that can be -- can be added incentive for the company to maintain its location Page 202 December 14, 2004 there. Without the incentives Advocate Aircraft Taxation will have to debate its decision to relocate their corporate offices to Collier County, Florida. Are they insinuating that we don't have incentive programs and that we're going to have to come forth with some more incentive programs for -- because that's how I read this statement. MS. NEMECEK: Yeah. No, it's worded-- COMMISSIONER HALAS: They're looking for more yet. MS. NEMECEK: Correct. No, the wording of it -- that's not the meaning of the wording. The current incentive -- the current incentive program that we're offering them has been worked out so that it is sufficient enough to recruit the company here. I will make one note though, the fact of the company building a building versus leasing a building, and the issue came down to -- they were ready to build a building in Collier County, and unfortunately the incentive program for the impact fees was not enough to offset the amount of impact fees that they would have had to pay in order to build a new facility, so that's why they are leasing a facility. Even though they'll still be paying their property taxes through that lease arrangement, it is a -- it will be not the construction of a new building, but the absorption of existing rental space. CHAIRMAN FIALA: We have some nice abandoned boarded up buildings in East Naples that need to have some attention. Okay. We have next, Commissioner Henning. COMMISSIONER HENNING: And I guess that was the question of the Board of Commissioners. Was it our intent when we approved the program to provide this to businesses that are leasing? And I mean, it sounds like a great company that I would love to have in the community, definitely, but I can -- I can assure you that wasn't my intent. And if that was the board's intent, I hope that we could get clarification about setting precedence on this issue. Page 203 December 14,2004 MS. NEMECEK: Right. With the leasing of the facility, they are still paying their fair share of property taxes associated with that. It's part of their lease agreement, so the property taxes are still paid by the company through the program. The building of the buildings is going to be an issue for us going forward, because in the -- you know, the impact fees and the incentive programs, while it covers a percentage of it for some companies, it may not be enough of an inducement to get them here. COMMISSIONER HENNING: Okay. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: I'm not sure I have a question. I think you've answered my question. I still have a few concerns. I think we have to sort out this issue of building leasing and the credits, but certainly job creation has -- there's no impediment to granting job creation credits here. MS. NEMECEK: Right. COMMISSIONER COYLE: I mean, with these salaries that they're offering, we should be very, very happy to see these people coming here. MS. NEMECEK: Correct. COMMISSIONER COYLE: But from a policy standpoint, I think we need to deal with the issue of the leasing. Now, I can understand that this particular client is going to be investing $800,000 in improving the building. MS. NEMECEK: The facility. COMMISSIONER COYLE: And that presumably will increase the tax base, and we will get some benefit from that. But we're going to be looking at another one, I think, shortly here that has the same situation, and we need to have a policy, a clear policy on that issue. So I would appreciate anything you might be able to provide with respect to guidance as to how we should proceed with that sort of thing. Page 204 December 14,2004 MS. NEMECEK: Will do. And the Property Tax Stimulus Program is based on the fact that the companies actually have to prove that they paid property taxes before they actually can get the incentive on that, and that's an annual thing that they have to do for the next 10 years, so it's not something that they get up front or -- I mean, they still have to prove that the jobs are there and that they actually paid that tax before they can be provided the incentive. COMMISSIONER COYLE: That's a good point, and it goes back to Commissioner Fiala's concern. Despite the fact that we have these incentive programs, we don't give the incentives until we see the benefit. You don't give job credits until you've got the jobs. MS. NEMECEK: Correct. COMMISSIONER COYLE: And you don't provide tax credits until you've got the taxes. MS. NEMECEK: Correct. COMMISSIONER COYLE: But how do you -- the current building owner is paying taxes right now. MS. NEMECEK: Uh-huh. COMMISSIONER COYLE: Okay. This new business comes in and leases that building. What tax base do you use for the purpose of determining the credit, and what portion of it do you credit to the new business coming here, and which portion of it do you credit to the old -- the old owner of that building? MS. NEMECEK: As far as I understand it -- and Amy can probably clarify that -- is that with the lease arrangement with the triple net, it's actually indicated on their lease agreement how much in taxes that they pay. COMMISSIONER COYLE: Okay. Is that -- but they can put all the taxes in there, can't they? They can negotiate any kind of contract they like with a triple net lease, and the lessee can be paying all of the taxes of the building, right -- MR. BAKER: That's true, Page 205 December 14,2004 COMMISSIONER COYLE: -- or any portion of them? MR. BAKER: That's true, however, we're not going to stand for that. In terms -- we have to see all of the documentation of all of these incentives before the county pays out one cent. And in this particular case -- it's a very unusual case because it's the first lease situation we have -- we're going to look at the total property valuation, which we have information about, we're going to look at their share on a square footage basis, and make sure that it is consistent with their percentage of the square footage which they're paying, which they're occupying. COMMISSIONER COYLE: Okay. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. I think that was an excellent way you phrased the question, and I like the answer that I heard, that you don't get payment until there's proof that you complied with what has to be done. Whether it's paid to the owner of the property or it's paid to reduce the amount the person's leasing it for, it's still a benefit, a direct benefit that brings the person here. I don't have a problem with it, however, I would like to ask our county attorney if maybe someone could comment on that. Are we following the intent of the law by allowing for money towards the lease -- the lease for the rent part or -- excuse me -- for the tax part on the lease rather than to the direct owner of the building? Are we within our frameworks of what we originally set up? MR. WEIGEL: I think the best answer I can give you is that you might make -- if you should approve, that you approve provisionally so that we see that there is no issue that we can't answer today that is a problem in that regard, and if there were to be, that we would bring it back. I cannot tell you off the top of my head that that is not a problem, although it may not be a problem. COMMISSIONER COLETTA: Would I be able to make a Page 206 December 14, 2004 motion at this time, Commissioner Fiala? CHAIRMAN FIALA: Certainly. COMMISSIONER COLETTA: I'd like to make my motion at this time that we approve it with the added caveat that if we need to bring this back because of any legal reason, that we reserve the right to do so. CHAIRMAN FIALA: Okay. Do I hear a second? COMMISSIONER COYLE: Yeah. I'll second it, but does that give the potential business owner adequate incentive to make a decision? MS. SUTHERLAND: I'm sure it will go a long way towards that, and if not, I'll have him get in touch with them immediately. He's out of town right now. He's up in Indiana. COMMISSIONER COYLE: Could I ask one point of clarification then? Is the intent of your motion to make sure that we clarify the procedures for determining the tax payment rebates or assistance or incentives? COMMISSIONER COLETTA: Actually, it was to make sure that we're within the law to be able to make a reimbursement on taxes paid to a lease holder rather than to the owner of the building. That was the only -- the only thing that seems to raise a little bit of a flag in my mind. I hate to get into this and find out that six months down the road we have this man aboard and everything and somebody makes a challenge to it because our laws are written in such a way that it doesn't make that provision. MR. BAKER: Commissioner Coletta, excuse me. This is an application that we're approving today. There's an actual agreement between the recipient of the benefits and the county which is -- which goes to the county attorney's office and is reviewed thoroughly before we -- COMMISSIONER COLETTA: Okay. In that case then -- I Page 207 December 14,2004 don't want to cause the applicant any undue concern. I remove the last part and would recommend approving it as staff recommended here. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Okay. I have a motion on the floor to approve as staff recommended by Commissioner Coletta, second by Commissioner Coyle. Commissioner Halas, did you have anything to say, or would you like to just vote on this? COMMISSIONER HALAS: No, I've got just one item that I'd like to bring forth here. It was stated earlier, the difference between leasing and building a building because of impact fees, whether the person that's coming to town with a new business, if the building's been there, then there's been impact fees that were paid on that building at some point in time. So it's all going to come out in the wash whether the impact fees are the latest upgraded impact fees or the impact fees that were put forth on this building at some other point in the history, the amount of money in the lease is going to be part of the equation for the impact fees. Just -- I want to make sure that that was clear. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: The only concern I have is the precedent setting at this point, and if it's the opinion of the county attorney that we're not -- this is standing on its own merits, this application, we're not setting precedence, then I'm okay with it. COMMISSIONER HALAS: Is there case law on this? MR. WEIGEL: I don't know without doing research without having the question ahead of time. But I don't think we're -- I don't think we're setting precedent other than the fact that we're new in the program, and so we're looking for an orderly uniform application. And if we find a bar and see an issue in the application, then it cannot go forward and we'll inform the board certainly by memo or correspondence as well as, if necessary, to bring back a board item at Page 208 December 14, 2004 the next -- the next available board if it's the pleasure of staff and the board. But I cannot -- would not say that this is a precedent in the sense that -- as an improper deviation from what is set up to be established in the first place. COMMISSIONER HENNING: Let me just say, are we setting precedent of -- if we have another leaseholder coming through and the tax stimulus -- property tax stimulus-- MS. NEMECEK: It's going to have to be something that we're going to have to address because there's going to be issues where you're going to have an existing building that you may want a company in there that's, you know, an IBM or something and they're going to lease the building, and we need to make the decision whether or not we're going to allow this arrangement or not. But the bottom line of this is the fact that property taxes are paid, and that's really ultimately what we were looking for is the fact of whether or not property taxes are paid. And if they're being paid, then do we provide that incentive to the companies for that. COMMISSIONER HENNING: And the property taxes are being paid today? MS. NEMECEK: Correct. CHAIRMAN FIALA: Okay. Commissioner Coletta? COMMISSIONER COLETTA: I can't resist the chance to get one more -- CHAIRMAN FIALA: I noticed. COMMISSIONER COLETTA: I'm getting as bad as Coyle and Halas, I'm telling you. COMMISSIONER HALAS: Wait a minute. COMMISSIONER COLETTA: I mean as good as, as good as. COMMISSIONER HALAS: We're not in the same arena as you and Coyle. COMMISSIONER COLETTA: Okay. I just wanted to point out Page 209 December 14,2004 COMMISSIONER COYLE: Do you have the watch? Get me the watch. COMMISSIONER COLETTA: I know. This is a dirty trick to try to make me forget what I was going to say. It's not going to work. I think we -- we've got to keep in mind, what's the objective of what we're trying to accomplish? And what we're trying to accomplish is very simple, it's to provide jobs in the area to -- high-paying jobs. And really, think about it, if you've got an empty building out there, do we want to force somebody to build a new building just to be able to keep the program going, or would we like to occupy the building that's existing to be able to keep things moving forward? Just another point, another thought I just wanted to get forward. COMMISSIONER HALAS: That was a good one. COMMISSIONER COLETTA: With that -- CHAIRMAN FIALA: We have thorough -- COMMISSIONER COLETTA: -- I hope I can get the last word In. CHAIRMAN FIALA: Oh, you did. We have thoroughly discussed this subject, and I have a motion and second on the floor -- COMMISSIONER HALAS: Call the question. CHAIRMAN FIALA: -- to approve. All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? (No response.) Page 210 December 14,2004 CHAIRMAN FIALA: 5-0. Thank you. That was our three-speaker pulled item off the consent. We have a two-speaker pulled item off the consent, and that's 16D4, Sanctuary Park. Item #10M AN AGREEMENT TO TRANSFER ASSETS AND RELEASE SANCTUARY SKATE PARKS-COLLIER, INC. FROM AN EXISTING SKATE PARK CONCESSION AGREEMENT- MEROVED COMMISSIONER HENNING: 16A4? MR. MUDD: No, 16D4, and that's what Commissioner Fiala pulled off. It was the item that she -- that she pulled off during her particular comments, a recommendation to approve an agreement to transfer assets and lease Sanction Skate Parks, dot, Collier, Inc., to release them from an existing skate park-- COMMISSIONER HALAS: D, dog. MR. MUDD: -- concession agreement. CHAIRMAN FIALA: D, Donna. COMMISSIONER HALAS: Donna, yes. CHAIRMAN FIALA: Yes. Did you want me to tell you why I pulled it, or do you want to just -- MS. RAMSEY: No, that's fine, yes. Go for it. CHAIRMAN FIALA: Maybe that would be easier for you. It tells us that you want to terminate this agreement because the guy has asked to be terminated and -- but it doesn't say then what you plan on doing with the park. It just left it empty, and there was nothing that the county's going to manage it or who's going to do what with it. Are you going to lease it out again? It was just lack of any other information, and I pulled it. Page 211 December 14,2004 MS. RAMSEY: Okay. I can give you that. I'm Marla Ramsey, interim public services administrator. The item before you today is -- the Sanctuary Skate Park gave us termination as of September 30th of this year, and this agreement in front of you is to codify that, that they are no longer in charge. What we have done over the last couple of months is we've been operating it out of the parks and recreation department on Saturdays and Sundays from 12 to 6. And during that period of time we've been gathering data to find out how many children are in -- utilizing this facility or what kind of need there is in the community to continue to have the skate park at this location. Part of the reason for doing that is that we've been told by the Sanctuary Skate Park that they have very few members, that no one's participating, that they're taking a loss of 15- to $20,000 annually on the park. So part of our data between -- between the October 1 st and actually tomorrow, we have a recommendation going to the board of __ to the parks and recreation advisory board where we will discuss our options based upon the data that we have. I know that I have Mike Nelson behind me. We've had a lot of conversations about what we can do with the skate park in the East Naples area. And then once we have gotten a recommendation from the parks and recreation advisory board, then we plan to be on the January 11th agenda to present to you what the options are. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: That means this will come back to you us-- MS. RAMSEY: That's correct. COMMISSIONER COYLE: -- for consideration of some other action, presumably budget action because you're going to have a cost associated with operating that. MS. RAMSEY: That's correct. Page 212 December 14,2004 COMMISSIONER COYLE: I think Commissioner Fiala's point, and certainly my point is, that that probably could have been solved with this one executive summary. Had you said what you're planning on doing with it and what the annual cost is going to be, perhaps we could have approved this, and we could have gotten it done all at one time. And goodness knows, we need to do something about reducing the volume of all this stuff. So it was, in my estimation, and apparently in Commissioner Fiala's estimation, not complete, but maybe in the future it would be good if we just got all of the things decided when it's brought to us for decision initially, and then we won't have to keep bringing these things back for incremental approvals. MS. RAMSEY: Just a comment on that. One of the reasons that we haven't been able to give you a specific date or number, et cetera, is that we have been working with the community policing in the East Naples area, and they are doing some legwork for us as trying to find some donations. We know that the cost to repair the ramps that were left by Sanctuary are over the $20,000, closer to the $30,000, in order to repair it. We're trying to see if we can reduce that number for you, and we haven't got all those ducks in a row for this particular meeting. CHAIRMAN FIALA: I can understand why you don't have many people using it. Limited hours and repairs up to 20- to $30,000, plus that big hole in the back of the thing. It must be very difficult for anybody to even use the facility. I looked at it. It's -- and it is, it's a terrible mess. We have speakers. MS. FILSON: Yes, ma'am. We have two speakers. Skip Riffle. He will be followed by Michael Nelson. MR. RIFFLE: Good afternoon, Commissioners and ladies and gentlemen. My name is Skip Riffle. I'm the owner of the Family Bike Center and a member of the East Naples Kiwanis Club. Page 213 December 14,2004 We've had -- been discussing the possibilities of the skate park continuing, and we think that it is something that is definitely needed for the East Naples community to occupy the time of our kids, keep them off of the streets, away from the malls, keep them in an area of relative safety in their off-time. We believe that from what we've read and been told, that the failure of the skate park thus far has been just a real poor management by the company that had run it up to this time. I'm not going to go into anything further, as Officer Nelson is going to -- has got a lot more facts and figures on what can be done with it. But we do believe that from -- again, from the Kiwanis Club of East Naples side, that this is just a valuable asset to the community, and that if we should lose this facility or it be moved to another area of the county, that the children who really need it would not have the ability to -- for transportation to another part of the county to make use of this facility. The other parts of the county have different things that are available to them, and this is definitely something that is needed here. And it is -- was at one time a state-of-the-art park used by the ESPN. And as Mike -- Officer Nelson will tell you, kicked off the career of Tony Hock, which I think everybody, whether you're into skate boarding or in-line skating, recognizes that name. But he got his start right here in East Naples where he won his first medals. Short of that, I'll let Mike Nelson do it, because he's got just a wonderful presentation. But I just wanted you to know that we think that it is needed and we support its continued existence in the -- in East Naples. Thank you for your time. CHAIRMAN FIALA: Thank you. MS. FILSON : Your final speaker is Michael Nelson. MR. NELSON: Commissioners, ladies and gentlemen, I'm Corporal Mike Nelson. I'm a community policeman and deputy in Page 214 December 14,2004 East Naples. The reason I'm here is to let you know that the skate park itself, right now we're averaging about 100 to 125 kids every weekend. We held an event called family day. We had over 400 children show up to use the park to compete, to come out and enjoy it. A lot of why it hasn't been used, it hasn't been maintained and the hours are sporadic and people were getting thrown out from Sanctuary management, so a lot of misinformation was there. The other thing is they didn't maintain. And I've got a couple pictures, if I can put them on the overhead. MR. MUDD: Sure. MR. NELSON: What you're seeing is the back wall of a 14- foot half pipe, and a half pipe is an apparatus they use when they're doing their in-line -- in-line stating. That's the top ramp that the skaters would actually be up there waiting on, and you can see where the plywood and everything is delaminated. And also the rail, you can see where it's weathered and checked, and it's not anything that parks and recreation has done. It was simply Sanctuary not doing any maintenance to it whatsoever. From the best I could find, they hadn't done any maintenance in three and a half years on the wood structure. We already have materials in place, people in place, to repair the damage that is there right now so that the park can be fully operational. We have people that are willing to come in. They've donated their time, their material, their labor to get it repainted, to get it set up so we can keep the park and keep it running. I've been working with parks and recreation. We're buildings some programs similar to what they offer at Wheels where kids can get lessons. We have professional skaters that are coming down. They'll be here this evening to help us layout things that we can do at the park to make it a viable asset to East Naples and to the community as a whole. Thank you. Page 215 1.""_. .... ,--,--",,",~., December 14, 2004 CHAIRMAN FIALA: That's all of our speakers? MS. FILSON: That was your final speaker. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: This skate park, was this built by the parks and recreation department? MS. RAMSEY: That's correct. It was built about six, seven years ago as a -- it was actually built originally to host the ASA, the Aggressive Skate Association's World Championship. It was built at that particular scale about six, seven years ago. COMMISSIONER HALAS: Then how did we let this thing get in such disrepair, even though I would think that we would have had control over it since we had a contract with a vendor here? MS. RAMSEY: Well, up until three years ago, we did all of the maintenance on this particular facility, and we've spent, probably since it was built, over $120,000 up till three years ago on repairing the ramps. In the new lease agreement that we had with Sanctuary Skate Park, part of their lease agreement for getting that facility was to maintain the ramps to the level that we gave it to them. And when we gave it over to them, we had done $50,000 worth of repairs on this particular site. And part of the reason why you're getting this a little bit late is that we've been trying to negotiate with the Sanctuary Skate Park for some reimbursement as to -- you know, we feel that they have failed on their contract, that we have seen nothing in return, and what we were able to get out of them was about $8,000 worth of retail merchandise from the -- from the pro shop in exchange for leaving the facility in the shape that they did. COMMISSIONER HALAS: I hope we have basically lessons learned here so that whenever we get involved with another vendor someplace else within the county, that we periodically go there and determine what the state is so we can have a -- basically a stopgap at Page 216 December 14, 2004 that point in time and let them know that there's some ramifications if they don't take care of the equipment, because this belongs, really, to the taxpayers. I'm in -- I'm in favor of something like that. I think it's a great idea, and it exerts a lot of that -- the hormones of young people to go out there and get rid of this stuff. But I'm amazed that we ended up with a situation like this. It somewhat amazes me a little bit. MS. RAMSEY: It's very frustrating to go onto a park and try and get some kind of results from a concessioner who's a for-profit, trying to make dollars off of our children but yet putting none of it back into the park, and the lease agreement really didn't have a hammer for us in order to make it happen. We would -- they would go in and make minor repairs in order to keep the facility open, but not the major stuff that we really needed to have done. CHAIRMAN FIALA: I bet it was kind of hard to get your figures for the last few weeks that you say you were operating it with it being in this type of disrepair. MS. RAMSEY: We are average -- we are honoring about 100 memberships right now that the Sanctuary had when they turned it over in September. There's about 100 members to the facility. We have absorbed all of that and are running them through until it expires, which is December 31 st. Our goal and our recommendation to P ARAB tomorrow will be that we need two part-time people to offer like Thursday, Friday, Saturday, Sunday, open hours for the children, and that they have the same benefit that Wheels has in the fact that it will be $10 per year and no additional costs associated with it. The fees for this particular park at this time were $30 per year, plus $3 for a three-hour session. And if you look at what Edges was doing at the time, it was definitely a disadvantage to that particular location. Page 217 December 14, 2004 CHAIRMAN FIALA: What's Edges? MS. RAMSEY: Edges is the skate park at -- near the mall at Fleischmann Park. CHAIRMAN FIALA: Go ahead. I'm sorry. I didn't -- MS. RAMSEY: That was basically my point, is that -- so it's difficult for us to know how well the East Naples park will respond, and that's why we've been gathering data, getting addresses of where the children are so we can determine if they're being -- you know, coming from other parts of the county or if they're actually East Naples children. CHAIRMAN FIALA: Okay. Thank you very much. That's why I wanted to pull it. I didn't know what all was involved, why it was on here. Thank you for explaining that. I appreciate the other speakers who were here to also give us some background history on this as well, and good luck tomorrow at your P ARAB meeting. And so may I have a -- I'll make a motion -- COMMISSIONER HALAS: And I'll second it. CHAIRMAN FIALA: -- to approve. Okay. I have a motion and a second by Commissioner Halas. All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: Very good. That's a 5-0. We're going to take a break for our magic fingers court reporter. I'm sorry that I held you so long. We have two others with speakers. We have the Naples Depot, Southwest Heritage, and we also have Page 218 December 14, 2004 Creation Investment Program, each has one speaker. We'll be back at 5: 15. (A recess was had.) MR. MUDD: Madam Chair, you have a hot mike. Item #10K A LEASE AGREEMENT WITH SOUTHWEST HERITAGE, INC. FOR USE OF THE NAPLES RAILROAD DEPOT AS A BRANCH FACILITY OF THE COLLIER COUNTY MUSEUM AT AN ANNUAL RENT OF $1, STAFFING AND OPERATIONS COST OF $200,800, BUILDING IMPROVEMENTS AND REPAIRS OF $250,000, AND EXHIBIT DEVELOPMENT COSTS OF $85,000 - AEERQVED CHAIRMAN FIALA: Thank you very much. Now we go on to --let's see. We have the depot -- the Naples Depot, item D -- 16D7. MR. MUDD: l6D7 is a recommendation to approve a lease agreement with Southwest Heritage, Inc., for use of the Naples Railroad Depot as a branch facility of the Collier County Museum at an annual rent of $1, staffing and operational costs of $200,800, building improvements and repairs for $250,000, and exhibits development costs of $85,000. And it was moved at Commissioner Coletta's request, and Mr. Ron Jamro, our museum director, will present. MR. JAMRO: Good afternoon Commissioners. Ron Jamro, your museum director. COMMISSIONER COLETTA: Mr. Jamro, I'm sorry to interrupt you. With the permission of the chair, possibly I could direct the questions that I have. I think we're all very familiar with the -- thank you very much, Donna. Page 219 December 14, 2004 How can you make me lose my thought so easily? I'm telling you. CHAIRMAN FIALA: I'm sorry. COMMISSIONER COLETTA: No, that's all right. I thought possibly I could put the questions directly to you and save everybody a lot of time. I think we're all very familiar with it. I believe that we're all solidly behind it; however, a couple of things that gave me concern was that in the summary, there was mention that the City of Naples' surplus fund from the Diamond Jubilee could be used, but it didn't give anything past that point. It was just a little blurb in there. And also that landscaping would be maintained and improved, improvement would be provided by the City of Naples also. And it was in there as a blurb as something that would very possibly take place. And, of course, any time we can expend our budget from the museum, the more we can accomplish, the more we can come across for other things. Is there anything that you know that's a little more solid and that they might do it? MR. JAMRO: That's a great question. I would almost defer that to Lodge McKee, who I think has been in contact with the city more than I and is working that end of it. I think tomorrow a decision is expected on that one-time gift, we think about 22- to $25,000, and I believe the mayor has made an informal pledge to assist us with the maintenance of the facility, at least the grounds anyway. Is Lodge still here? CHAIRMAN FIALA: Yes. MR. JAMRO: Oh, I'm sorry. Yeah, let me introduce Lodge McKee -- MS. FILSON: He's the registered speaker. MR. JAMRO: -- president of Southwest Heritage. I'd call him a little early because he may have more insight on that. MR. McKEE: Good evening. This is -- I'm Lodge McKee. I'm Page 220 December 14,2004 the president of Southwest Heritage. Yes, we did meet with representatives of the City of Naples after our last meeting with you to discuss what participation they might consider, and what Mr. Jamro has referred to has, in fact, taken place. And I believe Chairman Fiala has a letter from the mayor -- CHAIRMAN FIALA: Yes, I do. I shared that with Jim Mudd -- MR. McKEE: -- to that effect. CHAIRMAN FIALA: -- to then dispense to our other members. MR. McKEE: Yes. Certainly that might help to answer your question. The surplus funds was really an initiative that came from one of the councilmen to dedicate those surplus funds to the new depot museum facility, recognizing that this is not really a city initiative. It's an initiative from Southwest Heritage for the -- on behalf of the people of Collier County, but the city wants to show their enthusiasm and encouragement for the initiative. We also talked, as has been mentioned, about the landscaping, and I had cleared that with both the mayor and the city manager, so we -- we can throw that into the mix. COMMISSIONER COLETTA: Okay. That's fine. And, of course, the council has to approve it. MR. McKEE: Yes. COMMISSIONER COLETTA: And at that point in time that a motion's made, and I may be the one to make it -- I'm kind of hoping it will be contingent upon their agreement on the council meeting that's coming up so that we can keep it all flowing forward. And that's great, because it's interlocal agreements like this where we work together, then we come up with a product that far surpasses anything that either one of us could do by ourself. Pretty good for this late in the day, huh? CHAIRMAN FIALA: Yeah, it is. COMMISSIONER COLETTA: The other thing that I wanted to Page 221 December 14,2004 go over, and this really doesn't -- isn't going to be part of the vote, but I just want to make sure that we realize that we're finally getting to the point where we're meeting some of the needs for coastal Collier County with the museum that we're going to be going into. This is going to be a museum that's going to really service Naples and the area that's around there. I think we're going to be meeting a tremendous need for that area, and plus we're going to incur a great expense. I want us to start looking and thinking about when it comes time for the next budget that we wean the other entities off that are non-County from the process so that we can dedicate our monies to the museum. Sometime we might be able to come up with a special grant to be able to meet certain needs, but I'm very concerned where this is going to go and what kind of doors are going to be opened in the future for others. Right now we have two ventures out there, and that's the Conservancy, with some of their special projects and displays in their building, and the Botanical Gardens, which everybody dearly loves. But your funding is going to be limited in the future, and this is going to be drawing quite a bit. Between now and then, I just want to give thought to the whole thing. And with that, if I may, I'd like to make a motion that we approve this contingent upon the City of Naples' contributions of their surplus funds from the Diamond Jubilee and the agreement to maintain the landscaping as a part of the agreement. COMMISSIONER COYLE: And I second. CHAIRMAN FIALA: Does that mean then that if they do not vote in that manner -- COMMISSIONER COLETTA: Then it has to come back to us. CHAIRMAN FIALA: I see. And we can do that, as far as come back to us, County Attorney? Page 222 December 14,2004 MS. ASHTON: Yes, you can come back. I don't know ifit will delay any time constraints that the depot has, if any. It's conditional. MR. McKEE: Well, the time constraints -- the most critical issue really is for the museum itself more than the -- than Southwest Heritage. Ifwe're delayed into January, so be it. Our concern is that the museum has an opportunity to get this facility open to the public during the winter season when we can make a difference. And so we're anxious. But I think we'd be in tough shape if, yes, it was going to be six months or nine months or something like that. COMMISSIONER COLETTA: Well, I assume that by the letter that I've seen and what you've told me that it's nothing more than getting it before the city council to give their official okay. So why should there be a delay? MR. McKEE: You know, obviously I can't speak for the city council. COMMISSIONER COLETTA: Well, I understand that, but I don't see where this is going to be an impediment. It shouldn't be an impediment, I mean, if everybody is really truly expressing their true feelings. MR. McKEE: No, we have -- we have pursued from the outset a j oint effort aided -- aided by the friends of the Collier County Museum, aided by the members of the Southwest Heritage, there are some 600 member of that association, the City of Naples, and you folks. COMMISSIONER COLETTA: Right. MR. McKEE: There is a lot of ground support, ground troop support for this initiative, and it comes from many, many different directions, and we're very anxious that it benefit all the people of Collier County. CHAIRMAN FIALA: Okay. I have a motion on the floor. Did -- and a second? Page 223 December 14,2004 COMMISSIONER COYLE: There was a second, yes. CHAIRMAN FIALA: Okay, fine. We have Commissioner Halas and then Commissioner Coyle wanting to question. COMMISSIONER COYLE: Put me off. COMMISSIONER HALAS: This letter doesn't state the price. All it says is that they're going to come up with some kind of a monetary value, but there's nothing stated in that letter that it's $25,000. Is -- also is the city going to continue each year to put $25,000 towards this museum; do you know? MR. McKEE: I don't believe so. COMMISSIONER HALAS: Is this a one time? MR. McKEE: Yes. COMMISSIONER HALAS: Okay. When I look at the figures here and I see 85,000, 250,000, 200 -- another $200,000, I get concerned into exactly where we're leading -- going and where this is leading us to because of the fact that we have county-owned museums, and I'm hoping that we're not going to take funds from those county-owned museums and place the money into here, because we have projects on those county-owned museums that need to be addressed also. I feel that we need to take -- make sure that we take care of our own family before we get involved in additional -- additional museums here. So I guess what I need is an answer from the director of museums, is -- are we going to take funds that are allocated presently from the county-owned museums and use this in regards to shoring up this piece of property that we're not going to own? All we're going to do is pay $1, and it's on a 30-year lease, which is renewable twice for 30 years? MR. JAMRO: No, Commissioner. That's a valid concern. And we are on a rotation with the various museums. Next year Roberts Page 224 December 14,2004 Ranch will be receiving the bulk of the funds. We're finishing the exhibits here in the main museum. But this plan uses only additional funds that were collected in the museum's category, TDC category, this year because of the strong finish to the season, and reserve monies. We don't -- we aren't stopping any projects or shorting any projects or changing them to finance this new venture. MR. MUDD: Commissioner, you're also -- on Friday you have a joint workshop with the TDC, and one of the items on that workshop is to talk about modifying the ordinance to talk about how you want to continue to fund non-county museum type items and what percentage you want to put against that particular item to see if you want to move a heavier percentage against county museums in that process. COMMISSIONER HALAS: I have some concerns because every time we turn around, there seems to be more people stepping up to the trough here on these TDC funds, and this is a -- this is not an endless well here of money. And so if we're taking on other obligations as a county, we have to make sure that we find the way that we're going to fund them. Is it going to be strictly TDC dollars, is it going to be ad valorem dollars, or is it going to be a combination of the two? And when I look at -- looking at what our initial investment is going to be here -- and yet we don't own the property. And that's -- that's a big concern of mine, okay? I have a real problem whereby we're just leasing this property. Somebody's being kind enough to us to say, oh, by the way, we're only going to charge you a dollar a year, but yet we're putting in a tremendous amount of money and we're going to have to make sure that we take care of our own museums before we take on additional expenses. That's the only thing. And I don't mean to beat a horse, but I'm very concerned about that, that we make sure that we have sufficient funding for the museums here in Collier County that we presently own. Page 225 December 14,2004 CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: I don't -- I'd like to expand upon your answer a little bit too, Commissioner Halas, because I don't want him to feel that maybe he didn't get the accurate answer to the question, but let me -- let ask you something. His concern is that you not divert money from other museums to this particular facility. I don't know that you can make a commitment like that because clearly you're going to take exhibits and bring them to this particular facility. If those exhibits come out of another museum somewhere, there has to be some slight transfer of cost from one to the other. And over time it might be that you will find that one of your other locations is not nearly as good as this location is for a central Collier County museum. So I would hate to lock ourselves into a position where we couldn't make some decision about transferring certain things from other facilities. And I don't want Commissioner Halas to feel like he's gotten an incorrect answer here. Now, am I right here, Ron? MR. JAMRO: Yes and no. Financially we're not moving money. Although when -- and if you decide to make this the fourth county museum, obviously it becomes part of our budget, it gets a full consideration at that point in time. But the collection -- the museum's collection, the people's collection of artifacts and the case works and the panels, the interpretative tools that go with those, are one -- are centrally held here at the mother house and then sent out to the satellites as required. So there's no transfer of funds when that happens, just inventory. This case will work better in this application so it's going there, and that's the judgment we make in each situation. Obviously we don't have a tremendous surplus of cases, and that's why we'll eventually need to, you know, get some funding to Page 226 December 14,2004 develop those, and a really compatible presentation with the depot, which is transportation here in Southwest Florida, which will be a very -- you know, an exciting theme. But that can wait, and we can begin with the things we do have in surplus, and -- through temporary exhibits which we'll -- which we'll get that up and running and test our theory if, in fact, we can draw the crowds we hope to draw. COMMISSIONER COYLE: Okay, good. Thank you very much. Now, with respect to the City of Naples' participation in funding -- and I'm pleased to see the mayor's letter. We do need to nail down the amount, as you pointed out. But remember, if there are any ad valorem property taxes involved in providing this support, we have to keep in mind that 25 percent of that comes from the City of Naples, so they are, in fact, contributing substantially if ad valorem property taxes are used for that purpose. CHAIRMAN FIALA: Okay. Any other comments from commissioners? . (No response.) CHAIRMAN FIALA: I have a motion on the floor and a second. All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: Okay, 5-0. MR. JAMRO: Commissioners, thank you. CHAIRMAN FIALA: Thank you. Page 227 December 14,2004 COMMISSIONER HALAS: May I ask one question? If this is such a great deal for the county, why do -- why are we renting this property or leasing this property for a dollar a year? Why don't they just turn it over to the county to put it in as an asset? MR. JAMRO: I couldn't answer that. Mr. McKee? MR. McKEE: The property -- the property -- COMMISSIONER HALAS: I don't -- then I'd have a warm and fuzzy feeling. MR. McKEE: No. As -- if it's converted to multi-family use, it's worth about $12 million. We'd be happy to -- COMMISSIONER HALAS: Wait a minute. You said you've got a museum here, not a multi-family use. MR. McKEE: Excuse me, sir. We'd be happy to sell it to you, if ownership is the only thing here that really matters. We're a non-profit organization whose reason for being is to preserve a landmark in the community. And we -- we caused a study to be conducted of what the highest and best use of that landmark was, and the bottom line was, a museum. And we investigated how to go about that. The study suggested that we raise the money ourselves and do it independently, but we felt that we weren't equipped to do that as well as our Collier County Museum system is. The county has facilities in the City of Naples. There's nothing unusual or strange about that. The library seems to work really well. We've got some great schools in the City of Naples, and they're Collier County schools. They're part of the Collier County school system. So this really -- the fact that the depot happens to be in -- within the City of Naples isn't the issue. We want it to be the best museum that it can be. And so we've tried to make the least expensive overture that we possibly could, and that is to simply offer it to the people of Colliern Page 228 December 14, 2004 County for $1 a year. The maintenance, I mean -- and I've been here for a number of your meetings, and you approve some pretty large budget items out here. You did one today that was simply for consulting fees. It wasn't anything permanent; it was a consulting fee, and it was in the millions of dollars. We're a cheap date. I don't see the problem. COMMISSIONER COLETTA: Well said. Item #101 APPROVAL OF THE APPLICATION FOR THE JOB CREATION INVESTMENT PROGRAM, THE BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM AND THE FEE PAYMENT ASSISTANCE PROGRAM BY GUADALUPE CENTER, INCORPORATED AND PROVIDE FOR THE WAIVER TO PAY THE UPFRONT FIFTY-PERCENT OF THE ESTIMATED TRANSPORTATION IMPACT FEES AT FINAL SITE DEVELOPMENT PLAN APPROVAL, BUT INSTEAD PAY ALL IMPACT FEES, IN FULL, AT ISSUANCE OF THE BUILDING PERMIT THROUGH THE FEE PAYMENT CHAIRMAN FIALA: Okay. And now we move on to the last item that has a speaker, and that's 16A4. MR. MUDD: l6A4 is approval of an application for the Job Creation Investment Program, the Advanced Broadband Infrastructure (sic) Investment Program, and the Fee Payment Assistance Program by Guadalupe Center, Incorporated, and provide for the waiver to pay the up-front 50 percent of the estimated transportation impact fees at final site development plan approval, but instead pay an impact -- instead pay all impact fees in full at the issuance of the building permit through the fee payment assistance deferral agreement. Page 229 December 14, 2004 And, again, Amy Patterson, the impact fee coordinator for Collier County, will present. MS. PATTERSON: Hello, again. Amy Patterson, for the record. I just wanted to go on the record quickly before we discuss the Guadalupe Center and say that when we brought forward these incentives back last November, we brought forward five great programs, and we've learned a lot of things along the way with Sapphire and with the other programs of what we should and should not do. But I wanted to reassure the board that when these people come forward as applicants to these programs, there's -- basically what you're seeing is the very early steps of how somebody gets into the program. First the EDC takes their application in and is reviewed thoroughly by the Economic Development Council, which is then forwarded over to community development/environmental services to the financial administration and housing department for protection (sic) that I work for, where we go through all the information that we need to qualify the people or the company for the program, and that involves the number of jobs they're creating, the wages, their capital investment and all of the other issues that are required by the program. At that point we evaluate them as a viable candidate or not, and then at that point we come forward to you and ask for the Board of County Commissioners to endorse our recommendation to accept them into the program. Again, at this point, no dollars are changing hands. We're not giving them anything except an acceptance into the program. In order for an applicant to receive any kind of incentive funding, they have to come forward with the proof that they've created the jobs, that they've put the broadband infrastructure into their building or that they've paid their property taxes. And in the case of the impact fee deferral or fee payment Page 230 December 14,2004 assistance agreement, they enter into a legal agreement with the county where we put a lien on their property so that if, in the event that anything went wrong where they defaulted or they sold the property or they didn't meet the qualifications of the program, the county is protected, they've protected their investment into that company. And so that's just something that I wanted you all to know that there's -- we've learned and we're being very, very careful as to not being taken advantage of or to be taken by surprise by any kind of events. And with that, I will turn to the application for the Guadalupe Center and any questions that you may have on that program, or on that applicant. CHAIRMAN FIALA: Okay. I don't know who pulled that one. COMMISSIONER HENNING: I did. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: I never envisioned a not-for-profit organization applying to this plan. My understanding, it was business, job creation. And, I mean, we have a lot of wonderful not-for-profits out there. I was envisioning businesses, you know, and not not-for-profit. MS. PATTERSON: Right. The Guadalupe Center is expanding by 17,000 square feet, and in that, they're adding 25 new employees, that's creating jobs. COMMISSIONER HENNING: And the average wage is $16,000, 17,800, and I just think that would be more government assisted for those new people. CHAIRMAN FIALA: We have one speaker. MS. FILSON: Yes, ma'am, Tammie Nemecek. MS. NEMECEK: Good afternoon. Talking about Guadalupe Center and the program that they're eligible for out in Immokalee and looking at the qualifications for the program, the criteria is met for this Page 23 1 December 14,2004 company to qualify for the program. Looking over and above the bottom line criteria for qualification, we're looking at a day care facility-servicing employees out in Immokalee, and that does take into consideration, I think, as far as the application goes. But as far as qualification for the Guadalupe Center, we have met the requirement for it. It would be determinate upon the board of whether or not this is sufficient enough to qualify for the program. And it's entirely up to the board, but it has met the qualifications for it. CHAIRMAN FIALA: Okay. We have Commissioner Coyle, then Commissioner Coletta. COMMISSIONER COYLE: Tammie, could you explain what will be the benefit of broadband communications for the Guadalupe Center? MS. NEMECEK: They are putting in fiber optics. That's a choice of the company of whether or not to put fiber optics into the facility, and that's their choice. And if they choose to put fiber optics into the facility out in Immokalee it's an extremely important benefit, because again, you're adding to the usage and the demand for fiber optics in a community that have very limited broadband access. So this program has actually incentivized this company to put fiber optics into the building rather than just going maybe with a T-l line that does not improve the broadband infrastructure. COMMISSIONER COYLE: I guess my problem -- my concern is that when we came up with that particular incentive program, its purpose was to attract high-technology organizations. We encourage people to build buildings with broadband technology so we could attract companies with high technology backgrounds and higher salaries than $17,000. I am concerned whether or not broadband technology is being put into this building merely for the purpose of getting some incentives and some payments from the government as opposed to creating a real Page 232 December 14,2004 opportunity where technology organizations are actually being attracted to the Immokalee area. MS. NEMECEK: It was -- actually the program was put in twofold. One, it's a benefit to the technology companies coming here that we know that we're going to request broadband access. The second part of the program -- because we made it available to any company in Collier County, doesn't matter what industry that they're in -- was the point that we wanted to induce the usage, the demand for the usage of that fiber optic network within Collier County. We have learned over the years in dealing with this issue, we've done a connecting Collier County study years ago where we brought together all the various industries, construction, technology, medical, non-for-profit organizations, analyzing the usage and demand for usage, and what we've found is that working with the providers of that technology is that the demand needs to be there before the products are put into the ground, that they just won't build it, and this type of program is designed to induce companies to demand that usage, therefore, upgrading the infrastructure that's in the ground. COMMISSIONER COYLE: Final question, with respect to the average salaries. What assurance can you give us that this average salary isn't arrived at by taking a couple of fairly high salaries for executives and averaging it with a lot of very, very low salaries that cannot meet the normal standard of living in Immokalee? MS. NEMECEK: The program requirements just ask for an average of all the jobs created. So it does take into consideration that there may be some at higher wages and there may be some at lower wages, and that's how companies are designed, with the fact that you're going to have some secretaries and that kind of support personnel as well as management personnel, as well as upper management personnel. So there are requirements as far as just documenting the specific number of jobs and the average wage of those jobs. Page 233 December 14,2004 MR. BAKER: Commissioner Coyle, Denny Baker. Again, before we reimburse them, we will do an audit of the jobs, the W-2s, added to the payrolls during this period of time and calculate the average and verify this number. COMMISSIONER COYLE: Okay. But I thought we actually required jobs above a certain level in order to provide the incentives, rather than just an average salary? MR. BAKER: No, sir. MS. NEMECEK: Average of all the jobs. CHAIRMAN FIALA: So, in other words, somebody could be making $10,000 and require assistance, but they would qualify? COMMISSIONER COYLE: And we would have to provide -- MR. MUDD: But it's the average of all the new jobs. It's not -- it's not the old jobs. MR. BAKER: Not existing jobs, only jobs created. MS. NEMECEK: So the 25 -- when you average out that 25, you would have to have people making hundreds of thousands of dollars versus people making $10,000. I mean, in the -- when you average it out, that's what the outcome of it is that we're looking at, the aggregate. You look at the average wage of Collier County. We're not looking at each individual wage. We're looking at the aggregate of the average Collier County is 30,994, and that's our baseline, so we take average to average as far as the comparison. And that's -- again, it's the requirement of the provision. We're matching the same requirements that we go with the State of Florida. And how the programs are designed and developed is an average of all the jobs that are created. COMMISSIONER COYLE: I think -- and I'm just visioning some figures. But I believe with 25 jobs roughly, if you had two people make $70,000, you could have the rest of them making $10,000, and you'd average out pretty close to 17,000. Page 234 December 14,2004 But, you know, that's the kind of thing we've got to guard against if that happens, because that's not helping us at all. We're creating positions where we're going to have to provide supplemental services for those people, so the cost to us becomes rather great. And I think right now is not the time to belabor that point. We have a policy. But it would be good if you spent some time taking a look at that and determining how best to control that, because we could very easily dig ourselves into a hole here if this sort of thing actually occurred. MR. BAKER: I agree, Commissioner. And I do remind you that there are three zones, and the most east -- the more west you come in Collier County, the higher the percentage of the average wage -- COMMISSIONER COYLE: Yes. MR. BAKER: -- and Immokalee is the lowest, of course. COMMISSIONER COYLE: Sure, sure. Okay. Thank you. CHAIRMAN FIALA: It's average, not base. COMMISSIONER COYLE: Yeah. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: This has been a very stimulating conversation, I'll tell you. And we're covering a little bit of new ground, but mostly old ground. I want to remind you that the objective, not so much is a project that's being produced, but it's services being provided. Not so much even the services being provided, but the wage that's being paid for a meaningful service to sustain itself. And Guadalupe Service is providing a very needed service that enables the rest of the economy to function. I do agree that as we get into the process farther, we need to be able to look at these things and maybe fine tune it so that we can make sure that we have the ability to be able to say, you know, that these jobs that are being provided do not go below a certain amount. And of course, Immokalee, for some time to come, maybe another two or three months, will remain at the low end of the pay Page 235 December 14,2004 scale. Well, it might be a little longer than that. But I, for one, think that this is very worthy of our consideration, and I'd like to make a motion for approval. CHAIRMAN FIALA: Do I hear a second? (No response.) CHAIRMAN FIALA: The motion dies right now. I'm sorry. COMMISSIONER COLETTA: That's okay. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I think Commissioner Coyle's on the trail here. I requested some information, and two individuals, the combined salary is over $100,000. And the amount of people that are directors and treasurers and so on, they get zero as far as compensation. So I'm not sure if this falls into the equation that Commissioner Coyle was referring to. And this was ending 9/30/2003 is the income tax return that I had. And so if anybody wants to take a look at it, they're more than welcome to. COMMISSIONER COLETTA: But does that deal with new jobs? COMMISSIONER HALAS: Well, I don't know. COMMISSIONER COLETTA: Because we're talking new jobs. That's not existing jobs. COMMISSIONER HALAS: Well, that says -- with the amount of people that you've got here, directors and secretaries and treasurers, they're not getting any kind of compensation. They're doing this on their own except the two, so I'm not sure how they're doing this as far as directing new jobs. MS. NEMECEK: If I may, to -- there's a certain amount of community service that goes into this project. I mean, we're talking about a day care facility. And as we know, with the day care facilities, it's very difficult to make the numbers work, especially in Collier County with land costs, construction costs, and impact fees. Page 236 December 14,2004 And that was one of the things that, again, they brought out that said, without this incentive program and the assistance on the impact fees, we just can't expand this facility to provide the service. And so if there's a way that maybe at board direction that we set a limit -- if the concern is the wages, that we could go ahead today and go ahead and set a limit as far as, you know, only employees at the $17,000 or the 50 percent minimum that's a requirement of the program, it not be the average of all the jobs, but 50 percent minimum and above would qualify for the program and that we could recalculate based on that. COMMISSIONER COYLE: That would make me feel a lot better. CHAIRMAN FIALA: Oh, me, too. Me, too. COMMISSIONER COYLE: That might be a good solution for our overall problem. MS. NEMECEK: Correct, correct. COMMISSIONER COYLE: This happens other places, not just here in this particular proposal. MS. NEMECEK: Right, right. And for Immokalee we have a lower requirement, but instead of doing it as an average, it would be a mInImum. COMMISSIONER HALAS: Okay. CHAIRMAN FIALA: I think that's so much better. And one other thing, now that my commissioners have all spoken, this is 50l(C)(3) so they never pay taxes, and it's only one of 430 50l(C)(3) s in Collier County, which means this is -- this is new ground for this company, and it paves the way for 429 other companies to want the same incentives who don't pay any taxes, but then if we -- if they require services that no taxes are paid for, yet they have to dip into the general funds for, I think we can get into some serious problems. I think we need to address that. MS. NEMECEK: Right. And actually only -- if you're outside Page 237 December 14,2004 the Immokalee enterprise zone, you would have to comply with the industry requirement only -- CHAIRMAN FIALA: Which is? MS. NEMECEK: Which would be biomedical, information technology, manufacturing, aviation, corporate headquarters. CHAIRMAN FIALA: Yes, but medical -- like, for instance, NCH, they're not-for-profit. They don't pay any taxes. And so they could apply, you know. MS. NEMECEK: NCH would be part of that biomedical. CHAIRMAN FIALA: Yes. MS. NEMECEK: But keep in consideration that it's not open to every 501(C)(3) in the community. In Immokalee we get the special provision of waiving that industry requirement. It's the only location in Collier County with that industry requirement. Outside of that, NCH is probably the only one outside of that that would be required. You could also have some sort of research institute come to the community that may be a nonprofit as well, and so that consideration would need to be made. CHAIRMAN FIALA: I bet -- COMMISSIONER HENNING: You mean my church wouldn't be qualified? MS. NEMECEK: Not outside of Immokalee. CHAIRMAN FIALA: I would bet that there are others that could somehow find a way to fit into that parameter. For instance, you know, the shelter for abused women, I'm sure they provide some kind of health care to those who -- MS. NEMECEK: SIC -- their SIC code would preclude them from doing it. So it really -- I mean, based on specific -- and we have those NICS codes now that really prequalify that outside the Immokalee area. CHAIRMAN FIALA: Could you -- could you -- unless the commissioners don't agree with me, do you think you could go to take Page 238 December 14, 2004 a look at that and make sure that we don't have a bunch of other 50l(C)(3) s coming up for these incentive programs just because they're there? MS. NEMECEK: Yes. MR. BAKER: It just so happens, Commissioner, we think we have one coming very soon from the Immokalee area so -- new construction. Similar to Guadalupe, but on a smaller scale. I'm not certain, but I think so. MS. NEMECEK: And that would be the direction of -- if it's a nonprofit organization, that it's precluded maybe just within the Immokalee area and needs to meet the minimum wage requirement, something of that sort. But we can work with Denny's office to bring back some sort of recommendation on that. CHAIRMAN FIALA: Yeah. Like you said, we're -- I mean, Amy kind of said, there's a lot of bugs to work out in the program. It's new to us, and with each new one, we learn a new lesson, so it's just something to think about. Commissioner Coyle? COMMISSIONER COYLE: I think this is an excellent point, and it deserves some serious consideration. What we have to ask ourselves, is the intent of this program to encourage economic growth in Collier County? And if so, what role do not-for-profit organizations play in stimulating economic growth in Collier County? And if you reach the conclusion that they don't contribute as much as a for-profit organization, then it would appear to me that you must give priority for for-profit organizations in this incentive program. CHAIRMAN FIALA: Okay. We have a motion on the floor and a second. COMMISSIONER COLETTA: Would you restate the motion? CHAIRMAN FIALA: Would somebody restate the motion? Page 239 December 14,2004 MR. MUDD: Ma'am, I don't think you have a motion. CHAIRMAN FIALA: Oh, we don't have a motion? COMMISSIONER HALAS: It died. CHAIRMAN FIALA: Oh, that's right. It did die. MR. MUDD: I think Commissioner Coletta made a motion, it wasn't seconded, and then it died, and that's where it stands. CHAIRMAN FIALA: Okay. Okay. So would somebody make a motion? COMMISSIONER HENNING: I'll make a motion not to approve. CHAIRMAN FIALA: I have a motion on the floor not to approve. COMMISSIONER COYLE: I'll second. CHAIRMAN FIALA: Okay. And I have a second to that. COMMISSIONER COYLE: But I'd just like to add something, if you wouldn't mind. Perhaps you could sort out these issues and come back to us. Is there anything that would preclude them from coming back in a reasonable period of time if they have additional information and/or new policy guidance? CHAIRMAN FIALA: No, I don't think so. Right, David? MR. WEIGEL: No. If you set the question up right, which you're doing, you can come back. And typically if you come back with something different, even if a little different, then it's not the same anyway. CHAIRMAN FIALA: I think when we voted on this -- or at least let me just speak for myself. I had understood the base salary -- see, I didn't hear -- I didn't hear average. I heard base salary would be $15,000 in Immokalee. As it was, I was concerned that it wasn't enough, but then I was assured by some of my fellow commissioners, no, that's fine. I wanted to make sure they weren't being slighted, but I never thought it would Page 240 December 14,2004 go below 15,000, so I would feel a lot better if that were a base salary. Okay. So we have a motion on the floor and a second. All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Okay. We have a 4-1 on that. Thank you. MR. BAKER: Thank you. CHAIRMAN FIALA: Now we go back to item l6A2. Item #lOG RESOLUTION 2004-391: AMENDING THE COLLIER COUNTY ADMINISTRATIVE CODE FEE SCHEDULE OF DEVELOPMENT-RELATED REVIEW AND PROCESSING FEES AS PROVIDED FOR IN CODE OF LAWS SECTION 2-11. MR. MUDD: l6A2 is item number lOG, and it reads, recommendation to adopt a resolution amending the Collier County administrative code fee schedule of development-related review and processing fees as provided for in codes and laws of section 2-11, and it's basically changes to the PUD monitoring fees. COMMISSIONER HENNING: I pulled that one, and I had all my questions answered. I'm very comfortable. Thank you. So I'll make a motion to approve. COMMISSIONER COLETTA: Second. Page 241 December 14,2004 CHAIRMAN FIALA: Okay. I have a motion on the floor to approve by Commissioner Henning, second by Commissioner Coletta. Yes, David? MR. WEIGEL: Madam Chair and Commissioners, I would appreciate if the motion and second could include a revision relating to lOG, and it's -- the correction on item lOG is located on page 9 of Exhibit A under second L3, which should read as follows -- and this has to do with the cost of copying the official zoning atlas map, the sheet publications and maps -- and reports shall be copied at actual cost. As presented to you is says $.50 a page. Sometimes the cost may be less than $.50 a page, sometimes it can be more than $.50 a page. And under the public records law, it actually has to be at actual cost. So with that change, I'll provide this to the reporter, and if you would add that into your -- COMMISSIONER HENNING: That's part of my motion. MR. WEIGEL: -- motion. CHAIRMAN FIALA: And part of your second? COMMISSIONER COLETTA: Yes. CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: Very good. Next we'll move on to l6A9. MR. MUDD: Next is 10J, it's l6A9, and it's a request that the board approve the reinstatement of the PUD amendment process by the department of zoning and land development review in order to Page 242 December 14,2004 allow for a PUD amendment to be processed in the form of a substantial modification to the PUD rather than through a total PUD to PUD rezoning process. And Commissioner Coletta pulled this particular item. COMMISSIONER COLETTA: Mr. Mudd, at the beginning of the meeting I said that my questions were answered, and I asked -- MR. MUDD: I'm sorry, sir. COMMISSIONER COLETTA: -- that it be kept on the agenda. COMMISSIONER HALAS: Yeah. We kept it on the agenda. MR. MUDD: Excuse me, sir. I'm sorry. COMMISSIONER COLETTA: That's quite all right. CHAIRMAN FIALA: Oh, I'm sorry. MS. FILSON: l6E4. Item #lOL RECOMMENDATION TO RETAIN FROM ACTIVE SALES VARIOUS PROPERTIES OBTAINED FROM AVATAR PROPERTIES, INC., AND WHICH ARE PART OF THE GAC MR. MUDD: 10L then, ma'am, and that is -- and that is an item -- it used to be l6E4, and that's a recommendation to retain from active sale various properties obtained from the Avatar Properties, Inc., and which are part of the GAC Land Trust. Commissioner Coyle pulled this particular item. COMMISSIONER COYLE: Let me explain why I did that. If I could refer you to page 2 of the executive summary, it's the last paragraph on that page. It says that they're asking for the authority to bring -- make these parcels available for sale when it is in the best interest of the land trust without having to come back to the board for approval. Page 243 December 14,2004 Now, I interpreted this as a request for a change in policy. I presume that they would not have asked this had they not in the past had to bring it to the board for approval, and so the flags go up and I say, why are we trying to take the Board of County Commissioners out of loop. And so that's my question. MS. MOTT: For the record, Toni Mott, Real Estate Services. And in the past the board has directed the committee to have the authority to remove parcels from the reserved list and make them on the active list without coming to the board, and what that did was it provided them the flexibility of ensuring that there was an ample amount of reserve money available because of timing issues. The land trust committee meets every other month, and then preparing an agenda item and getting it to the board for approval, it could be an extensive amount of time. COMMISSIONER COYLE: But you're actually asking that these particular parcels of land be made available for sale without board approval. MS. MOTT: Only the ones designated as future marketability. COMMISSIONER COYLE: Right. And my question is, if you're holding them for some future point in time, what is the urgency in getting board approval to put them up for sale? MS. MOTT: In the past, to date, the board has approved agency- funding requests in the amount in excess of $1.6 million. Right now we do have over $1 million in our reserve account, so this may not be applicable. The committee was just being consistent in asking the direction that the board has provided them in the past. COMMISSIONER COYLE: Okay. I'm still confused. If the board has provided them guidance in the past, why are we taking the board out of the process now? MS. MOTT: We're not. The direction from the board in the past did allow the committee to remove items -- to remove parcels designated as future marketability from the reserved list to the active Page 244 December 14,2004 list without coming back to the board. That has been the board's direction since 1988. COMMISSIONER COYLE: Then this is not a change in policy? MS. MOTT: No, it isn't, sir. COMMISSIONER COYLE: Then why the phrase, without having to come back to the board for approval? If you've never come back to the board approval in the past, why is that phrase included in the paragraph? MS. MOTT: That's just standard verbiage that was carried over from the previous executive summaries. MR. MUDD: So you do -- so you --let me try to help a little bit. So Toni, you do this how many -- every five years? MS. MOTT: Every five years. In the past the board has directed the committee to reevaluate the reserved lands, check with the agencies that have parcels specifically set aside for their potential future use. There are also parcels set aside for future marketability because of their location and their size. Now, if the committee approved that, then it would be every five years. So unless some other motion or some other direction was provided to the committee in order to allow them to remove specific parcels in the event that they felt it was in the best interest of the land trust, they would have to wait five years or bring an individual item back to the board on each separate occasion. COMMISSIONER COYLE: Okay. I'm getting confused with the terminology then. To me this paragraph says that you can decide to make a parcel available for sale without getting approval from the board. Is that a policy that was established in the past, or is this a change in policy? MR. MUDD: Commissioner, that was a -- that was a policy that has been used in the past, and every five years it comes back to the board with that complete list and for reauthority to exercise that particular option for the next five years for the committee that Page 245 December 14, 2004 oversees the GAC Land Trust. CHAIRMAN FIALA: I'm next, and then Commissioner Halas. I had also asked to pull this. So we don't even know what happens to the land then or to the money? I mean -- because it has nothing to do with the board, we give you approval for every five years, and then you don't ever have to tell us anything about this land again or how much money you sold it for, who it went to, where the money went to. What are we doing here? I don't -- I don't quite understand why we're giving away our authority. MS. MOTT: There's the 1983 agreement between Avatar Properties and Collier County which provides rules and regulations on how the land trust should be handled. We have -- the board has appointed a land trust committee. They meet bimonthly, and they go over any business that's viable. There are fire districts that have come before the committee, parks and recreation asking for funding. The land -- the monies derived from the lands that are sold through the list is deposited into the land trust, and that's where the money is available for the different agencies when they come and make requests. So we do report to the board, and actually the board votes on those agreements. CHAIRMAN FIALA: The Avatar board? MS. MOTT: The Board of County Commissioners actually vote on the agreements based on land trust committee's recommendation that you should approve X amount of dollars for the purchase of equipment, fire equipment. CHAIRMAN FIALA: I've seen that before, and yet, of course, the Golden Gate fire district needs to have an MSTU in order to pay for their expenses. Does this money go to them? I don't understand. I'm having a real problem with this myself, because -- because I guess we don't have as much involvement in it as maybe we should. Page 246 December 14,2004 Yes? COMMISSIONER COLETTA: Well, Halas is before me. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: I'd like to turn over to clerk of the courts so -- because I think they have a concern. That was one of the issues that the clerk of the court, Jim Mitchell and I, sat down and discussed, and I was going to pull this also, but it was -- there was other people that were concerned this. So, Jim, go ahead. MR. MITCHELL: Well, primarily when I read this, it begs the question -- and this is one that I'm hoping David can help me with, is this in effect a delegation of discretionary authority that is vested with the Board of County Commissioners? And I realize it may have been a practice that's reviewed every five years, but this time when we're looking at it, that question has come to the front. So David, if you could, where are we at with that? MR. WEIGEL: Okay, fair question. As I -- as I review this, Jim, and board, that particular paragraph, which as I understand from Toni, is a paragraph from prior executive summaries, but it does not mean it's a separate stand alone policy that the board has adopted, notwithstanding that there is a 1983 agreement, which sets up parameters for certain things to occur and properties to eventually -- eventually be sold and provide a revenue source to the county to use in the district in that area. But it appears to me, Jim, that the authorization that the board has employed in the past, and would be asked to do here, is that these Ian -- the board is saying these lands will be sold, and it's just a question of time. And the discretion -- the only discretion is in the time of the sale and not in the decision to sell in the first place. I guess we're parsing a bit. The question, is that illegal Page 247 December 14,2004 delegation? I don't think so. Is it a policy with vagueness that the board maybe wishes not to go forward with at this point? Could be. But I think the board is indicating these properties shall be sold, and it's just a question of time at that point. CHAIRMAN FIALA: Go ahead. COMMISSIONER COYLE: I'm sorry. Commissioner Coletta was next. I'm sorry. CHAIRMAN FIALA: Okay. COMMISSIONER COLETTA: Well, yeah. I've seen the process take place over about as long as I've been here in Golden Gate, and I've had a number of people on that committee, people I know, we've appointed a number of people to it. And the funds are dedicated just to be used for Golden Gate Estates in lieu of the fact that Avatar never came up with the money to build what was the infrastructure that was supposed to be there. They'd had a certain amount of latitude. I don't know if they have overextended themselves or not. I don't think so. But I do know that the final decision still came back to the board. We got to see the final results of it every time. They are an advisory committee. I don't know. The wording in here leaves a little bit to be desired as far as it will not -- it's not going to come back. If anything, I just think the understanding's very simply, we approve this thing not as is. We amend is it so it states very clearly that the final decision comes back to the Board of Commissioners as it should and has in the past. I think it's that wording that's got everybody excited. MS. MOTT: Okay. COMMISSIONER COLETTA: I think if we just eliminate that, that would remove your objection, wouldn't it? COMMISSIONER COYLE: Am I next? CHAIRMAN FIALA: Sure. COMMISSIONER COYLE: I'm not sure of that. I'm not sure it Page 248 December 14,2004 will solve the problem to do it exactly that way. The amount of money you derive from the sale of the property is sometimes decided by when you decide to sell it. And I think that if the Board of County Commissioners has a fiduciary responsibility for maximizing the revenues from this, we should at least be told why someone thinks now is the right time to put it on the market, and we should be able to hear that, have a debate or discussion, and also take into consideration any land planning issues that we might be aware of that might impact the proper timing of the sale for that property. And I'll just use an outrageous example. Let's suppose we know we're planning this big regional park and it's going to be built five years from now, and we think we can get a lot more money out of adjacent property that's owned by the trust if we wait until after we build that park, because it will be more valuable. And so, you know, we are aware of those kinds of things, and it appears to me we should be given the authority and opportunity to make those kinds of decisions. And so what I would suggest is that we just have it brought back to us -- COMMISSIONER COLETTA: Yeah, okay. COMMISSIONER COYLE: -- and then we'll hear the arguments for putting it on the market, and if we disagree, we'll tell them, and if we don't disagree, we'll give them the go-ahead. MR. MUDD: Commissioner, staff doesn't have a problem with removing that whole number three, okay, and coming back to the board every time they need to make a sale on the particular problem. COMMISSIONER COYLE: Okay. Let's do that. MR. MUDD: That's not an issue and, you know, it's not that hard to do. And those are -- that's easy. COMMISSIONER COYLE: Okay. Then that would be my recommendation. Page 249 December 14,2004 CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: I just read the agreement between GAC, or the Avatar, and the Board of Commissioners, and it was back in the '80s when they were being defunct. It states that any property in the trust must be sold, no less than 90 percent of the appraised value. MS. MOTT: That is correct. COMMISSIONER HENNING: So, you know -- and the properties out there available are not much available for building on, you know, that I viewed. These properties that are on this list, or the evaluation list, that was in -- one example was in the school board's domain and now it's going to parks and rec. And I'm sure that parks and rec. and other facilities such as fire departments -- and I hope Jim DeLony's taking a look at it -- you're taking a look at it, see if it fits any of your needs. I feel confident in the process. The actual sale comes back to the Board of Commissioners anyways; is that correct? We -- if we have a contract, a purchase contract, it still comes back to the Board of Commissioners? MS. MOTT: No, it does not. COMMISSIONER HENNING: Okay. That is the only problem that the Board of Commissioners -- and that's a fiduciary duty that we should have, because even though it's in the trust, the Board of Commissioners or -- well -- MR. MUDD: Commissioner, we're basically taking away three, so that means every parcel that's going to be taken off this list and put up for sale will come in front of the Board of County Commissioners. CHAIRMAN FIALA: Yeah. I think that arrangement was arranged many years ago with a different commission, and now -- COMMISSIONER HENNING: It was. CHAIRMAN FIALA: Yeah. Now we kind of like to keep a closer look at everything. So I feel comfortable with it now that that's Page 250 December 14, 2004 taken off. COMMISSIONER HENNING: Okay. CHAIRMAN FIALA: So do I hear a motion to approve with that caveat? COMMISSIONER HALAS: Motion to approve with the idea that any land that's sold comes back to the Board of County Commissioners for approval. CHAIRMAN FIALA: Do I hear a second? COMMISSIONER COYLE: I second that. CHAIRMAN FIALA: Okay. I have a motion on the floor by Commissioner Halas, a second by Commissioner Coyle. Any further discussion? (N 0 response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: We have a 5-0 on that. Thank you. MS. MOTT: If I could tell you one more thing though. The Board of County Commissioners previously approved the sale of individual parcels. They gave staff the ability to market those parcels at 90 percent of appraised value in an attempt to expedite the sales prior to coming back to the board on an individual basis. Those are for the parcels that are on the active sales. The agenda item that we're presenting today is for the reserved parcels. So if that's the board's intent with respect to the reserved parcel, that's great. CHAIRMAN FIALA: What does reserved parcels mean? Page 251 December 14,2004 MS. MOTT: What it actually means is back in 1988, originally Avatar properties conveyed 1,061 acres to the county. Of that 1,061 acres, certain parcels were set aside for use, fire districts, parks and rec., library. Some were designated as future marketability because of their size and location. I do have that breakdown. There's a total of 162 acres set aside from the 1,061. A little over 97 of those acres were designated for potential use by Golden Gate fire district, Big Corkscrew Island Fire Control. The remaining 64.17 acres were designated for future marketability. So that's what is on the reserved list right now. On the available list we only have approximately 14 acres left, and that breakdown is contained in the executive summary. All of the buildable parcels are currently under contract or a contract is pending. The remaining parcels, which total 8.43 acres, on the available list are non-buildable and we do not have them under contract right now. CHAIRMAN FIALA: So -- but reserved list didn't mean somebody came in and put a reservation on it for when you're going to sell it so they get privileged land that nobody else can then buy? MS. MOTT: No. The Board of County Commissioners actually approved this acreage be set aside as reserved lands for future use by the fire districts or different entities -- CHAIRMAN FIALA: That's good. MS. MOTT: -- and future marketability. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: If you're looking for clarification, we took action on this item on the agenda. MS. MOTT: Okay. COMMISSIONER HENNING: If you're thinking that we took action on other ones, it has to come back. MS. MOTT: All right. Thank you. CHAIRMAN FIALA: All right. I just -- I have to apologize. I thought I was -- I had pulled item l6B2, because that's one of the Page 252 December 14,2004 numbers I thought somebody else had called out. I had four that I was going to pull. MR. MUDD: Ma'am, it was -- it was withdrawn at staffs request. CHAIRMAN FIALA: Oh, okay, fine. Thank you. That's why I have it crossed out. Okay, thank you. Okay. Now, let's see. We move on to - Item #11 PUBLIC COMMENTS ON GENERAL TOPICS - BILL KLOHN WITH MDG CAPITAL CORPORATION RE: APPROVAL OF THE ARROWHEAD RESERVE @ LAKE TRAFFORD AFFORDABLE HOUSING PUD FAST-TRACK PROCESS - MEROVED MR. MUDD: I think we're at public comment, ma'am. CHAIRMAN FIALA: Yes. Thank you. COMMISSIONER COYLE: Motion to adjourn is my public comment. MS. FILSON: Oh, no. We have one person registered for public comment, Bill Klohn. MR. KLOHN: Good afternoon and thank you for staying late. My name is Bill Klohn. I'm president ofMDG Capital Corporation. We're the developer of Arrowhead Reserve in Lake Trafford. I may be the last speaker on the agenda, but we still remain the largest planned workforce housing community in the history of Collier County . One of the things I'd like to say first, you know, the name Arrowhead when we bought the property three years ago, should we keep the name or should we rename the project. Fortunately today the name worked out just fine because we're having our banner painted that says Arrowhead congratulates the Indians. So good job to the Page 253 December 14, 2004 boys in Immokalee for the state champ. The reason I'm here this evening is to -- number one, if you'd like an update on our progress at Arrowhead, which is tremendous, I'd be happy to take that time. The primary reason is to ask for your consideration in recommending to staff that they award this project a fast track review process. It's interesting that while this might be the largest affordable housing community, that we still do not qualify for the fast tracking because we didn't ask for, nor did we need, the density bonus credits. I am doing a PUD amendment right now that modifies the depths of my setback requirements. One of my builders, who has a contract before me today for buying 330 lots, all of his product will not fit, so I have applied for a PUD to PUD amendment, which I am well into the process and I've paid my $18,000 to have the privilege of changing about six number on my setback table chart, and I was very pleased this evening to learn that you approved the PUDA process, which is the abbreviated form of the PUD amendment. I think that this project is a good example of why you should have and did support that. In any event, I have a lot of progress and -- in construction with regard to my roads. There's one example of our progress. We'll be finishing Lincoln Road. If you look on your brochure, Lincoln Boulevard will actually be complete within two weeks. That's about a mile of paved spine road through the community. It's that road that connects Lake Trafford Road to Carson Road. We're also going to be completing what we used to call Future Carson Road. If you look on the east side of the property, you'll see Carson Road. That road, too, will be completed by the end of this year. My first 95 lots up near the top portion of the site plan, they, too, will be completed with all infrastructure and lots ready to built on by the end of the year. In my PUD to PUD application process for the amendment of the Page 254 December 14, 2004 setbacks on the chart -- I'm not going to ask you to approve any of those numbers today. That's approved in the process. I'm simply asking that Arrowhead be recognized as a fast tracked project -- fast track project because of its affordable nature. In the PUD amendment three years ago, I know that I was very proud to commit to Cormac -- and thank you for staying late, Cormac __ that we would commit to 15 percent, not less than 15 percent of our residents to be at 80 percent of median income. In the reality, it will probably be more like 50, 60 or 70 percent. But it is that trigger that would automatically give me the fast tracking. I'm reasonably certain that in our PUD hearing that I did commit to that even though it didn't make the document. So I'm prepared to say that in order to qualify for the fast tracking, that I'm happy to make that commitment of 15 percent of my residents to be earning not more than 80 percent of median income. So unless you've got questions about other progress in the community, I can cut this nice and short and say, please direct staff to afford this proj ect the fast track process for PUD to PUD amendment. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: I'd like to call Cormac up and ask him some question, if I may. Cormac, what are we being asked to do, I mean, at this late hour. Is this something that is matter of fact normally granted, or is this something that's a long process to get? Where are we with it? MR. GIBLIN: No, sir. For the record, Cormac Giblin, your housing and grants manager. Basically, all an applicant would need to do to be considered as an affordable housing fast track review project is to make a commitment in the form of a proposed land use restriction, a developer agreement, a PUD restriction, an impact fee assistance agreement, or some other type of instrument recorded against the property that ensures its affordability for a period of no less than 15 years. Page 255 December 14, 2004 If in his PUD amendment application Mr. Klohn would like to include one of those items that reserves at least 15 percent of his units as affordable housing, we'd be happy to fast track it for him. COMMISSIONER COLETTA: So this isn't something the commissioner normally makes a decision on -- MR. GIBLIN: No, sir. COMMISSIONER COLETTA: -- a one-by-one basis? It's through your department. Is there a -- is there anything that -- is there a time element with this that takes forever to get it done, or is this something that's just matter of fact, one, two, three, and it's done? MR. GIBLIN: I'm-- COMMISSIONER COLETTA: To be able to get to the point for fast tracking, to be recognized-- MR. GIBLIN: To be recognized as a fast track project, it is pretty much one, two, three, and you're done. The actual review and approval of the project does take some time. COMMISSIONER COLETTA: Oh, you mean after it's been fast tracked, it's still got to go through it. But I mean, to get to that point you're being -- you're asking for right, to the fast track status, that's something that staff can grant when you just meet one of the requirements. So I think you're there, and I think you've got a wonderful project going. It's going to change the dimension of housing in Immokalee tremendously, and I'm very, very pleased with the middle-class housing you're putting in and the price you're going to put it in for. Hopefully it will be a place that our teachers and our sheriff deputies and many of the people that travel back and forth will find reason to settle in that community and be a part of the Immokalee way of life. COMMISSIONER COYLE: Commissioners, by fast tracking it, you're cutting their approval time from two years down to one year and 11 months. Page 256 December 14,2004 MR. GIBLIN: One clarification. He is not there yet. He does have to agree to actually restrict these units within his PUD or through some other type of agreement, and then we'll be there. CHAIRMAN FIALA: I have a couple questions. I just -- are these going to be rental units, like apartment-sized rental units? MR. KLOHN: To give you a brief summary of the project again, we have 427 single-family homes in the single-family section of the project. CHAIRMAN FIALA: Right. MR. KLOHN: We have 186 townhouses going in in this tract, 304 rental apartments here, and 300 flat over flat condominiums. CHAIRMAN FIALA: What I'm concerned with are the rental properties. MR. KLOHN: Yes, we are-- CHAIRMAN FIALA: I just heard some street talk. I'll just let you know a little bit. I think this is a wonderful project. You know I've been solidly behind it until I heard this little bit of alarming news that one of the builders in there is the same builder -- I don't know that this is fact. I'm telling you what I heard. That one of the builders is the same one that built Whisper -- Whistler's Cove. If that's the builder -- and of course they charge a $1,049, they call that affordable housing, for a three-bedroom place, which is not affordable -- and I know what's happened because then people have to share the apartments because they can't afford them at that price, and the crime that comes out of there, it's been disastrous for the East Naples area. I don't want to do that to your area. If that's the same builder, I'm going to have a problem with it. MR. KLO HN : Well, I heard a -- I heard a rumor that you heard a rumor, and I made a call to my apartment developer to ask them if they had built the Whistler's project, and this is, in fact, their first project in Collier County, and I don't think it's appropriate -- Page 257 December 14,2004 CHAIRMAN FIALA: Good. MR. KLOHN: -- to name the other developer, but it is not my apartment developer. CHAIRMAN FIALA: But what are they going to be charging for rent? MR. KLOHN: Based upon the tax credit application approvals that they've received for the financing of this project, it's my understanding that the rents will be 575 on a two-bedroom and 675 on a three-bedroom. CHAIRMAN FIALA: Good. You got my nod of approval. Okay. I just -- I just want to protect every other community from ever having to suffer what we have to suffer with. COMMISSIONER HENNING: Did we ever address your question, Mr. Klohn? MR. KLOHN: No. I am seeking -- COMMISSIONER HENNING: Your question was to consider your application a fast track -- MR. KLOHN: That's correct. COMMISSIONER HENNING: -- to get it to the Board of Commissioners to approve. MR. KLOHN: That's correct. COMMISSIONER HENNING: And I'm going to refer you to the commissioner of the district. COMMISSIONER COLETTA: I'm more than willing to direct staff to work with you to bring this about as soon as possible as long as you meet the requirements that are there. CHAIRMAN FIALA: And I'll second that. Okay. We have a motion on the floor and a second. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. Page 258 December 14,2004 COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: .Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you. MR. KLOHN: Thank you. I'd like to add one last thing, is that in the pre-app. process and so on, staff has been very, very good to work with and very supportive of the minor amendment that we're making, and I'd like to thank staff and, again, Cormac for staying late. Thank you. CHAIRMAN FIALA: Thank you. And thanks for clearing that up for me. Glad you heard what I heard, because that way you were prepared. Item #15 CHAIRMAN FIALA: Okay. Now we move down to staff communications. We're going to be starting with David Weigel. MR. WEIGEL: Thank you. l7F today had to do with summary agenda, affordable housing amendment ord -- amendment to ordinance relating to an alternate member. It appeared that it was not problematic, approved without comment, and the county attorney office will be bringing back, over the weeks ahead, other committees with the alternate member concept similar to that. No incentive for members not to show up because there's-- because there will be an alternate there, because they still have the possibility of sanction of losing their own post if they don't show up too many times. But we'll be bringing those back in the weeks ahead. Page 259 December 14,2004 CHAIRMAN FIALA: ,That's good. I think that's something we started just a few months ago and -- MR. WEIGEL: Yeah. CHAIRMAN FIALA: -- it works a lot better. We have less committees that can't function because of no quorum. Thank you, David, for bringing more back to us. MR. WEIGEL: Okay. CHAIRMAN FIALA: Do we have any comments from our county manager? MR. MUDD: Ma'am, the only thing I'd like to talk about is, I gave each commissioner a memo this morning that I signed yesterday, and it had to do with the City of Naples Urban Services Report. I also made sure that every one of the commissioners received a copy of that Urban Services Report as soon as I got my hand on it, okay, and that was basically Monday morning, and you got an opportunity, I hope, to read that -- those 10 pages. But there's some things in that report where there's some anticipation from the city as far as that's concerned, and I tried to address particular items where I'm trying to get some feedback from the board on how you want me to reply, how you want me to start negotiations, if you want me to start negotiations, or if you just want to let it -- let it lay fallow for a while and see what -- and see what happens as this goes through the process. One is the water/sewer and reuse particular section. And basically, it anticipates that the county is going to continue to provide same and that we would enter into an interlocal agreement with the City of Naples on that particular item. You also have a resolution that was passed last January that basically says reuse water isn't to be provided outside of the cou -- out of the county into the municipalities. So we're making sure that you know that. I did make sure you were aware of the 25 percent surcharge that's Page 260 December 14, 2004 basically charged to county residents receiving city municipal services. And that might be-an item that we might want to talk about since you will probably be providing, based on the city's plan, a good portion of the city residents in Pelican Bay, if they choose to annex, with water and sewer or reclaimed water, if you want to talk about that 25 percent surcharge. You do not have the option, as an unchartered county, to put a surcharge on any service. If you were chartered, you would, but you're not, so you can't. And so if we're going to talk about leveling the playing field, that might be an item that you might want me to carry forward and talk about. Another item in the particular report has to do with parks and recreation and the assumption that the county will continue to provide service to the two parks, one of which is a beach access type facility and the other a tennis facility, if that is going to be the case. I don't know of any other facility as far as parks is concerned where the county is actually 'operating a facility within the City of Naples from the parks and recs. side of the house. I'll also let you know that parks and recs. is funded by the unincorporated general fund. It is not a general fund funded particular issue. There are -- there are parks that county residents do use in the City of Naples, but when they do use them, they are charged a surcharge on the regular fee, and there's a -- there's a fee schedule that's higher than a resident of the City of Naples would provide. That might be an item that you want me to talk and negotiate -- try to negotiate with the city manager. And last but not least is the item that I've been trying to work on for the last year, I would say, Leo, if I'm wrong, with the Pelican Bay Foundation, and that's trying to get covenants taken off of the parking lot that's just south of the Registry to make it a multi-level parking facility to try to increase the number of visitors on the beach south of Clam Pass. Page 261 December 14, 2004 And we've -- in conversations with the Registry, we've tried to negotiate the ability to cost share part of the garage, cost share part of the boardwalk extending south from the gazebo restaurant area that's down there by the beach down south a little bit so that we can increase the usage of that particular beach. Those were the three items that I put in the memo to you. Hopefully you've had time to read them. CHAIRMAN FIALA: Yes, it seems we have, because we have Commissioner Halas, Henning, and Coyle wanting to ask some questions. Commissioner Halas? COMMISSIONER HALAS: I read the proposal from the City of Naples, and I felt that there was a lot that was lacking from that report. I'm not sure if it was done intentionally or what, but I would hope that the city manager would get in touch with you and set up meetings in regards to this so that there would be a nice open dialogue between you and the city manager and exactly where we're going to go with this program and where we're -- where we're headed. And maybe we need to bring some people in from Pelican Bay so we have a three-way conversation so that all parties realize what we're talking about. It looks like some of their, the reports that they have, that basically the costs that are going to be incurred by the city are about $3.8 million for about four years, and then they'll break even. I have some concerns about, as you brought up, the water issue and sewage. And so I think really the -- I think, three parties needs to sit down, and hopefully the city's got this all figured out. I think we've given our information to people of Pelican Bay and also the city, and I would think that now we need to sit down and come up with some kind of a dialogue so we -- everybody knows where we're at. CHAIRMAN FIALA: Okay. We have commissioner Henning Page 262 December 14, 2004 next. COMMISSIONER HENNING: The effluent is off the table. The Board of Commissioners approved the resolution stating that the effluent waters for the residents in the unincorporated area, and so -- I mean, that's not going to be provided for, to the Pelican Bay residents; is that your understanding? MR. MUDD: At this particular juncture, yes, sir, that's my understanding. COMMISSIONER HALAS: Unless you change the ordinance. MR. MUDD: If that was going to come back on, then we would talk about the 25 percent surcharge and try to level the playing field so that the services provided between the City of Naples and Collier County providing services to their residents are on equal standing and they're basically paying a fee that it costs to provide that particular service, and there's no artificial inflation to the cost. COMMISSIONER HENNING: Well, the eff -- they don't provide effluent, do they? COMMISSIONER COLETTA: Not at this time. COMMISSIONER HENNING: To any county residents, and we have a lot of communities out there begging for that service. So why not provide it to them if they, you know -- CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: I think the county manager started off this discussion by saying he was looking for some guidance as to what we wanted him to do with respect to this. And my -- my feeling is we have stirred this pot quite enough and that I agree with Commissioner Halas that what we need to do is to have some quiet dialogue with the county, between the county manager and the city manager, and merely volunteer our services to be helpful and to discuss issues and help resolve any problems until such time as we find out this is going to be a reality at all. It very well could not go any further. I understand there's Page 263 December 14, 2004 supposed to be a vote sometime soon in Pelican Bay. And then after that, the City of Naples has to vote. So I would suggest that before we -- we start assuming this is going to happen, let's just keep the city informed. Hopefully you'll share your memo with the city manager. MR. MUDD: Sure. COMMISSIONER COYLE: And maintain open dialogue with the city, and let's see where it takes us. And if this thing becomes a reality, then we can sit down at a workshop and decide where we go from there. COMMISSIONER HALAS: Exactly right. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: Here's -- here's my concern, is the residents -- some of the residents -- I mean, it's -- clearly the foundation members want to annex into the City of Naples. And I would presume that some of the city council and the city manager would love that. The problem is, the people are not afforded the opportunity to know some facts, and I think that the county owes it to those people where we stand on certain issues with the possibility of annexation, because we definitely don't want them to be surprised after they vote on it. So we need to address some of these issues. COMMISSIONER COYLE: Well, the -- I believe that we have reiterated the statement made by the mayor of the City of Naples, which says we would like to make the decision that is in the best interest of all the people in Collier County, okay. It is -- it is not wise in my opinion to intentionally sabotage the process by refusing to negotiate an interlocal agreement for effluent water. If the county gets reimbursed for it and in return gets a reduction for water/sewer rates for county residents who are currently served by the -- by the city, that's a positive thing for. county residents. And if you're suggesting what we're going to do is absolutely refuse to cooperate in any way with respect to effluent water, then I Page 264 December 14,2004 think you're right. I just think it's a mistake to take that position at this point in time. I think we should always be open to reasonable negotiation and reasonable interlocal agreements, because I can assure you, this is not the end of the annexation process. COMMISSIONER HENNING: Well, Commissioner Coyle, you were here when we passed the ordinance dealing with the effluent stating that that would be for the county residents, the unincorporated area. So I think that we've pretty much taken that off the table. N ow what still is on the table is providing -- potential (sic) providing water and sewer for the residents in Pelican Bay and coming out with an amicable solution, but we've already taken the effluent off the table. COMMISSIONER COYLE: Well, you know, if we take the position that we can never adjust our decisions based upon future occurrences, then I don't think we're ever going to get anywhere here. But if it is, in fact, the position of the commission that we're going to refuse to even entertain an interlocal agreement to provide effluent water to Pelican Bay, then please let's make that decision now because what that will do is that it will stop the annexation of Pelican Bay and it will encourage annexation of some other areas. So -- and that will all be to the detriment of the -- Collier County. So, you know, we can take a hard line if we want to. And I'll tell you the same thing I've told you before, there's two sides to this sword. It cuts both ways. And if you want to get into a fight like that, and I do not, we're both going to suffer as a result of that. COMMISSIONER HENNING: I -- you know, that's a vague statement -- COMMISSIONER COYLE: It's pretty damn clear to me. COMMISSIONER HENNING: -- and somewhat threatening. I'm just saying that every one of the commissioners were here when we passed that ordinance, so we clearly made a statement to the City Page 265 December 14, 2004 of Naples and Pelican Bay. .And whether that was a deal killer, I don't think it was, because they're. still proceeding forward with the annexation question. And we just passed that last year. COMMISSIONER COYLE: And they're proceeding forward with the expectation that Collier County government will be reasonable in the negotiation of interlocal agreements. Now, if we are not going to do that -- and, you know, I'd like to hear that now, you know. If we're really going to take a hard line on that particular issue, I think that's something that the city needs to know now. And I don't think we should delay it. If the Board of County Commissioners does not intend to negotiate an interlocal agreement with the City of Naples if the annexation occurs for effluent water, that's a very critical element, and I think we need to know that. So we've got one vote who says, no, I'm not backing off on it. Are there any others? COMMISSIONER COLETTA: I'm sorry. I think I'm next on the hit parade here. CHAIRMAN FIALA: Yes, you are. COMMISSIONER COLETTA: It's 6:50, we're getting late. I think out -- I don't -- I hear a lot of comments being made that don't sound all that user-friendly. I don't think that we're ever going to reach the point where we're going to close the door on anybody that lives in Collier County and say, you know, this is it, 100 percent, you're dead in the water, forget it, go away, we're not going to talk to you, take us to court. You're right. But I didn't hear Commissioner Henning saying that either, and I didn't hear our county manager, Jim Mudd, saying it. I think that if the point in time does come and money's not the obj ect and they want to come forward with some sort, of offer to drop the 25 percent surcharge that they charge all the residents outside of the City of Naples for water and sewer, including the county, if they Page 266 December 14,2004 want to do some other thing~ to make amends and make it -- oops, I'm sorry -- like Mr. Mudd said,. or I believe the commissioners little said a little while ago, what's good for all of Collier County, and what's going to be in the very best interest of everyone. I don't think we're going to go into this hostile. We're going into this with open eyes. We're going to go into it with an open mind, but also we've got to protect the financial integrity of everyone in Collier County that's got an investment in this. And I'll tell you, one of the things I haven't heard discussed that really gives me great concern is the cherry picking that goes on in these particular mergers of different areas. It's totally wrong, it's inappropriate, and if there was some way to address that -- if you want to take Pelican Bay, take Naples Park. If you want to take something in East Naples, then take the rest of East Naples and deal with the problems that go with it. Don't just take the most affluent areas and then expect the county to step up to keep dealing with what's left. I mean, we try to encourage in Immokalee middle class housing to go in. We're even trying to encourage country clubs to come in to give the community a balance. And if you start to remove the balance where you put it all into a small enclave, you're just going to destroy the whole reason the people came to Naples in the very beginning. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I stand where I -- my feeling is I stand where I stated before, that I think that we need to get all three parties together and sit down and -- with cool heads and try to come up with some kind of an interlocal agreement. I think we should leave that option open. And we know -- or our county, our staff knows what needs to be -- what needs to be done, and I think that we just give them guidance to go in that direction, and we'll see where it shakes out at. That's it. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: You know, I think that's exactly Page 267 December 14,2004 where we aught to go, and I think that solves Commissioner Coletta's concern about cherry picking. I think the one way to discourage cherry picking is to sit down and work out rational agreements with people. And if you do that, you can specify certain conditions in that agreement and achieve goals which are beneficial to all parties. But if we -- we continue to take hard lines on these things and fight each other, then we don't achieve those goals, and again, I think we both are poorly served as a result of it. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: So we're -- I guess the direction I hear is, deal with the sewer and the sewer issue, the charges, and the water and the water issues, Pelican Bay and what the City of Naples provides, because, you know, let's face it, the other downside of this, we're losing, what is it, $4 million from Pelican Bay? MR. MUDD: About 3.5 million. COMMISSIONER HENNING: 3.5, so we need to deal with that in the next budget. COMMISSIONER HALAS: About 4.2 billion, isn't it, or 4.5 billion? CHAIRMAN FIALA: Not taxes. COMMISSIONER HALAS: Oh. That's the -- MR. MUDD: We're talking about 3.5, then the city makes it about 5.8. COMMISSIONER HALAS: Exactly. CHAIRMAN FIALA: Well, Commissioners, I'll just weigh in on this just a little bit and say that I had read that the people from Pelican Bay were going to be voting on this, we should have an answer back 15th of January. We're going through the holiday season now. I think that gives us plenty of time to talk in between, and probably everybody's going to be pretty busy anyway. Why don't we discuss it at a meeting after the 15th of January. MR. MUDD: Yes, sir. Page 268 December 14, 2004 CHAIRMAN FIALA: Is that okay? COMMISSIONER HALAS: Yes. CHAIRMAN FIALA: All right, fine. MR. MUDD: That's all I have, ma'am. CHAIRMAN FIALA: Okay. Cheryl Coyle left, and I was going to introduce her and ask her if she wanted to say anything. She's usually with us the whole time, and I figured, my goodness -- COMMISSIONER COYLE: She's been telling me how to vote all day. CHAIRMAN FIALA: Oh. COMMISSIONER COLETTA: Didn't you see the hand signals back there? CHAIRMAN FIALA: And now, Commissioner Halas, any comments? COMMISSIONER HALAS: I'd just like to say that it was a very interesting day, and at this time I'd like to wish everybody here, the staff and all of my fellow commissioners and everybody else in the county a very merry Christmas and a happy new year. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: That's very nice, and I also would like to extend the very best wishes to everyone for the holiday season and looking forward to the coming year. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah, ditto. I hope all our staff has a wonderful holiday and looking forward to the new year, even better -- bigger and better than this year. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Everybody's talking like this is our last meeting this year, and we're going to be in meetings several times this week -- CHAIRMAN FIALA: Last BCC meeting, yeah. COMMISSIONER COYLE: We'll still be in meetings. Page 269 December 14,2004 CHAIRMAN FIALA: .Is that your final comment? COMMISSIONER COYLE: That's my final -- bah humbug. CHAIRMAN FIALA: And you have to live with him, Cheryl. Cheryl is back with us. I just want to say how pleasant it is to look out there and always see her smiling face. It's kind of like reassuring that we have a friend in that audience, and that's great. I want to say also that this is my last official full BCC meeting with all of you as chairman, and I want to say what a pleasure it's been to all of the staff and to the members. Everybody's been so supportive. Really, it's been a joy working with all of you. I wish all of you and all of the people out there a very merry Christmas, and I'll see you next year. COMMISSIONER HALAS: And you did a great job. CHAIRMAN FIALA: Thanks. ***** Commissioner Henning moved, seconded by Commissioner Halas and carried unanimously, that the following items under the Consent and Summary Agendas be approved and/or adopted: ***** Item #16Al RECORDING OF THE FINAL PLAT OF "MEDITERRA PARCEL 125", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY -WITH STIEl.IL.AIIONS Item #16A2-Moved to Item #lOG Item #16A3-Moved to Item #lOH Item #16A4-Moved to Item #lOI Page 270 December 14, 2004 Item #16A5 RECORDING OF THE FINAL PLAT OF "VERONA WALK PHASE 2B," APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY-WITH ~S Item #16A6 SATISFACTIONS OF LIEN FOR CODE ENFORCEMENT NUISANCE ABATEMENT AND CODE ENFORCEMENT BOARD LIENS THAT HAVE BEEN PAID IN FULL-SCHUMACHER 2003- 408, WARREN 2002-202, CORP Y. BRAUNSCHWEIG 98-326, RONALD SUMMERS CEB 2004-040, BA YWOOD MANOR ANTIQUES AND JEWELRY, INC. AND JOSEPH A. GIALLANZA CE.B..2.QQ.1d){1 Item #16A7 RESOLUTION 2004-371: FINAL APPROVAL OF THE ROADWAY (PUBLIC) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF "SABAL BAY COMMERCIAL PLAT- PHASE ONE" (THOMASSON DRIVE AND XERIC LANE)-WITH Item #16A8 RECORDING THE FINAL PLAT OF "BRITNEY ESTATES," APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY-WITH Page 271 December 14,2004 SIIEI.lLA.Il:ilS Item #16A9-Was to be moved to Item #1 OJ-Remained on the Consent REINSTATEMENT OF THE PUD AMENDMENT PROCESS BY THE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW IN ORDER TO ALLOW FOR A PUD AMENDMENT TO BE PROCESSED IN THE FORM OF A SUBSTANTIAL MODIFICATION TO THE PUD RATHER THAN THROUGH A Item #16AlO RELEASE AND AUTHORIZE THE COUNTY MANAGER TO EXECUTE A SATISFACTION FOR AN IMPACT FEE DEFERRAL AGREEMENT FOR BRITTANY BAY APARTMENTS, PHASE II UPON RECEIPT OF A LEGALLY SUFFICIENT IRREVOCABLE LETTER OF CREDIT IN THE AMOUNT OF $1,210,626.56 ON BEHALF OF CED CAPITAL HOLDINGS 200lB, LLC. -AS Item #16All REQUEST FOR AN ADDITIONAL AMENDMENT CYCLE FOR THE 2005 CALENDAR YEAR TO ADDRESS URGENT AMENDMENTS TO THE LAND DEVELOPMENT CODE REGARDING SIDEWALK ISSUES PURSUANT TO THE REQUIREMENTS OF CHAPTER 10 OF THE COLLIER COUNTY , LAND DEVELOPMENT CODE-TO BEGIN ON JANUARY 7, 2005 AND END ON MARCH 22, 2005 FOR A TOTAL OF THREE (3) Page 272 December 14, 2004 Item #16Bl AWARD BID #05-3691, "ROADWAY LIGHTING COMPONENTS" (IN PORTIONS) TO HUGHES SUPPLY, INC., CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC., GRAINGER INDUSTRIAL SUPPLY, AND R.J. STEEDMAN, INC.-TO SUPPLY NECESSARY COMPONENTS AND EQUIPMENT FOR THE MAINTENANCE AND REPAIR OF Item #16B2-Withdrawn RECOMMENDATION TO REJECT ALL BIDS RECEIVED UNDER BID #04-3595R "CLEARING, GRUBBING AND TREE I.RIM.Mlli G SERYICFS" Item #16B3 RESOLUTION 2004-372: A RESOLUTION TO REDUCE THE SPEED LIMIT ON NEW MARKET ROAD TO 35 MILES PER HOUR FOR THE SECTION FROM JEROME DRIVE TO HENDRY STREET AND 40 MILES PER HOUR FOR THE SECTION FROM HENDRY STREET TO STATE ROAD 29 (NORTH 15TH STREET)- AT A COST OF APPROXIMATELY $400 FOR INSTALLING Item #16B4 AWARD BID #05-3690, "ELECTRICAL COMPONENTS," (IN PORTIONS) TO CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC., TIME MARK, INC., HUGHES SUPPLY, INC., AND TRAFFIC PARTS, INC.-TO SUPPLY NECESSARY Page 273 December 14,2004 . . COMPONENTS AND EQUIPMENT FOR THE MAINTENANCE AND REPAIR OF TRAFFI.C OPERATIONS ELECTRICAL INSIALLATIONS Item #16B5 AWARD CONTRACT #04-3588 "FIXED TERM MATERIAL TESTING SERVICES" TO: ALLIED ENGINEERING & TESTING, INC.; ARDAMAN & ASSOCIATES, INC.; ASC GEOSCIENCES, INC.; FORGE ENGINEERING, INC.; AND PROFESSIONAL ENGINEERING AND INSPECTION COMPANY, INC. Item #16B6 AWARD BID #05-3741 "MOWING OF GRASSED OR VEGETATED ROADSIDE AREAS", FOR THE ESTIMATED ANNUAL AMOUNT OF $276,000.00, TO SOUTHERN SERVICES FOR RURAL NON-CURB AND GUTTER LARGE MACHINE MOWING, SLOPE MOWING, INTERMEDIATE MACHINE MOWING, SMALL MACHINE MOWING AND LITTER REMOVAL WHEN NECESSARY, FOR USE BY ALL COUNTY llEURIMENTS Item #16B7 SUPPLEMENTAL AGREEMENT NO.2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN CONSULTING ENGINEERS OF FLORIDA, LLC., IN THE AMOUNT OF $357,735.00, FOR THE DESIGN OF GOODLETTE-FRANK ROAD, FROM GOLDEN GATE P ARKW A Y TO PINE RIDGE ROAD, PROJECT NO. #60005-AS DETAILED IN THE EXECUTIVE Page 274 December 14, 2004 Sl.IMMAR y Item #16B8 DONATION AGREEMENT AND THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT REQUIRED FOR THE REPLACEMENT OF A DRAINAGE PIPE UNDER BLOCKS 260 AND 261, GOLDEN GATE UNIT 7 (PROJECT NO. 60016) ESTIMATED FISCAL IMPACT: $18.50-AS DETAILED IN THE Item #16B9 AN ADOPT -A-ROAD AGREEMENT WITH NAPLES BAY ROTARY CLUB, FOR A SEGMENT OF ROADWAY KNOWN AS LIVINGSTON ROAD, FROM RADIO ROAD TO GOLDEN GATE PARKWAY, AT A TOTAL COST OF $150.00 FOR TWO (2) NEW SIGNS Item #16BlO AWARD CONSTRUCTION CONTRACT, IN THE AMOUNT OF $34,500.00, TO STEMIC ENTERPRISES, INC. AND ALLOCATE $3,450 (10% OF THE CONSTRUCTION COST) FOR CONTINGENCY PURPOSES TO DREDGE THE OUTFALL AT WIGGINS PASS LOCATED OFF OF PAN AMERICAN AVENUE, Item #16Bll AWARD BID #05-3687 "VANDERBILT BEACH BEAUTIFICATION MSTU ROADWAY GROUNDS Page 275 December 14,2004 MAINTENANCE" CONTRACT TO COMMERCIAL LAND MAINTENANCE, IN THE.AMOUNT OF $34,697.00-FOR ANNUAL SERVICING OF THE ROADWAY MEDIANS WITHIN IHRMSII J Item #16B12 RESOLUTION 2004-373: A RESOLUTION APPROVING AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA STATE DEPARTMENT OF TRANSPORTATION, IN WHICH COLLIER COUNTY WOULD BE REIMBURSED UP TO $24,500 OF THE TOTAL ESTIMATED COST OF $28,000 FOR CONSTRUCTION OF A SIDEWALK SEGMENT ON 53RD ST. SW FROM 28TH PLACE SW TO 30TH AVE. SW IN GOLDEN GATE; AUTHORIZE THE ADVANCE OF $24,500 FROM THE GAS TAX FUND; AND APPROVE FUTURE FISCAL YEAR ANNUAL COSTS OF SIDEWALK MAINTENANCE AND ALL NECESSARY BUDGET AMENDMENTS-AS DETAILED IN THE EXECUTIVE SIlMMARY Item #16B13-Withdrawn AWARD BID #05-3750 "RATTLESNAKE HAMMOCK ROAD (CR 864) (US 41 TAMIAMI TRAIL EAST TO POLLY AVENUE) ROADWAY GROUNDS MAINTENANCE" TO GROUND ZERO Item #16B 14 AWARD BID #05-3751 "PINE RIDGE ROAD (AIRPORT Page 276 December 14,2004 PULLING-LOGAN BLVD.) ROADWAY GROUNDS MAINTENANCE" TO COMMERCIAL LAND MAINTENANCE, Item #16B15 A DONATION FROM FLORIDA POWER & LIGHT IN THE AMOUNT OF $155,000.00- FOR LANDSCAPE IMPROVEMENTS BETWEEN GOLDEN GATE PARKWAY-PINE RIDGE ($30,000), FLORIDA POWER & LIGHT FEEDER BURIAL ($80,000) AND THE LIVINGSTON GREENWAY ALONG FP&L EASEMENT ($45,OOO) Item #16B16 A DONATION FROM WCI COMMUNITIES, INC., UP TO THE AMOUNT OF $100,640.00, FOR LANDSCAPING ALONG Item #16B17 BUDGET AMENDMENT TO REALLOCATE $28,000 FROM THE GOLDEN GATE CITY OUTFALL-PROJECT NUMBER 512181 TO THE FISH BRANCH CREEK BOX CULVERT -PROJECT NUMBER 510211; BOTH ARE PART OF THE WATER MANAGEMENT DEPARTMENT CAPITAL PROJECTS-TO IMPROVE ROADSIDE AND WATER MANAGEMENT CONDITIONS AT THE LAKE TRAFFORD ROAD CROSSING Item #16B18 Page 277 December 14, 2004 CONTRACT AMENDMENT NO. 03-3473-AOl WITH HDR ENGINEERING, INC.- "CONSULTANT SERVICES FOR PREP ARA TION OF A LAND DEVELOPMENT OVERLAY FOR BA YSHORE/GA TEW A Y TRIANGLE COMMUNITY REDEVELOPMENT AREA (eRA) DISTRICT" TO INCLUDE CIVIL ENGINEERING DESIGN SERVICES IN THE AMOUNT OF $156,071.40 FOR THE GATEWAY TRIANGLE DRAINAGE Item #16Cl RESOLUTION 2004-374: A RESOLUTION TO APPROVE THE SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $20.00 TO Item #16C2 RESOLUTION 2004-375: A RESOLUTION TO APPROVE THE SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $20.00 TO Item #16C3 RESOLUTION 2004-376: A RESOLUTION TO APPROVE THE Page 278 December 14, 2004 SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $30.00 TO Item #16C4 SATISFACTIONS OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEE. FISCAL IMPACT IS Item #16C5 EXECUTE AND RECORD SATISFACTIONS FOR CERTAIN WATER AND/OR SEWER IMPACT FEE PAYMENT AGREEMENTS. FISCAL IMPACT IS $20.00 TO RECORD THE SATISFACTI.QNS OELIEN Item #16C6 WORK ORDER JEI-FT-05-01 TO JOHNSON ENGINEERING (JEI), IN THE AMOUNT OF $163,364, FOR ENGINEERING SERVICES FOR THE DESIGN, CONSTRUCTION PLANS AND CONSTRUCTION INSPECTION OF A MASTER PUMP STATION UNDER CONTRACT 01-3290-FIXED TERM PROFESSIONAL Item # 16C7 THE FY 04-05 INNOVATIVE WASTE REDUCTION AND Page 279 December 14,2004 RECYCLING GRANT AGREEMENT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO FUND CONSTRUCTION OF THE INNOVATIVE RECYCLING FITNESS WALK, AND ASSOCIATED BUDGET AMENDMENT -AS Item #16C8 AWARD BID #04-3721, TO PROLIME SERVICES, IN THE ESTIMATED ANNUAL AMOUNT OF $200,000, FOR THE HAULING AND DISPOSAL OF LIME SLUDGE FROM THE Item #16C9 THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENT AGREEMENT NO. OT050868, IN THE AMOUNT OF $330,000, FOR PARTIAL FUNDING FOR THE CONSTRUCTION OF THE 16-INCH RECLAIMED WATER SYSTEM INTERCONNECT FROM DAVIS BOULEVARD TO RADIO ROAD. (PROJECT #74035)-AS DETAILED IN THE Item #16Dl THE PURCHASE OF TWO RESIDENTIAL LOTS FROM KENNETH AND EILEEN CLAWSON FOR EXPANSION OF THE COUNTY'S BA YVIEW PARK AT A COST NOT TO EXCEED $22,070. (PROJECT 80060)-FOR THE EXPANSION OF BEACH Item #16D2 Page 280 December 14, 2004 THE PURCHASE OF TWO RESIDENTIAL LOTS FROM BERNADETTE M. LEMELIN FOR EXPANSION OF THE COUNTY'S BA YVIEW PARK AT A COST NOT TO EXCEED $16,365. (PROJECT 80060)-FOR THE EXPANSION OF BEACH Item #16D3 THE PURCHASE OF TWO RESIDENTIAL LOTS FROM ANDREW AND ANNE LENA FOR EXPANSION OF THE COUNTY'S BA YVIEW PARK AT A COST NO TO EXCEED $22,070. (PROJECT 80060)-FOR THE EXPANSION OF BEACH Item #16D4-Moved to Item #10M Item #16D5 ENTER INTO AN AGREEMENT TO PROVIDE EXISTING FUNDING OF $50,000 FOR OPERATIONAL EXPENSES ASSOCIATED WITH THE COLLIER COUNTY MEDICAL SOCIETY DEVELOPMENT OF THE AMERICAN PROJECT ACCESS NETWORK OF COLLIER COUNTY, A COORDINATED, INTEGRATED SYSTEM OF ACCESSING HEAL TH CARE FOR UNINSURED CITIZENS OF COLLIER COUNTY-FOR THE PERIOD OF JANUARY 1, 2005 THROUGH SEPTEMBER 30, 2005-AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D6 BUDGET AMENDMENT IN THE AMOUNT OF $300,183 TO Page 281 December 14,2004 ENSURE CONTINUOUS FUNDING OF THE OLDER AMERICANS ACT GRAN.T-TO ALLOW FOR UNINTERRUPTED SUPPORT SERVICES TO SERVICES FOR SENIORS' FRAIL, ELDERJ ,Y CLIENTS Item #16D7-Moved to Item #10K Item #16D8 AGREEMENT BETWEEN COLLIER COUNTY VETERINARY SOCIETY, INC., AND COLLIER COUNTY FOR NEUTER, SPAY AND GENERAL PHYSICAL EXAMINATION SERVICES-FOR ANIMALS HANDLED BY DOMESTIC ANIMAL SERVICES-AS Item #16El AUTHORIZE THE ADDITIONAL EXPENDITURE OF A SUM NOT TO EXCEED $7,500.00, AS A RESULT OF THE FAIR LABOR STANDARDS ACT AUDIT-FOR BACK WAGES EARNED BUT NOT PAID AS A RESULT OF Item # 16E2 AWARD BID #05-3758, "PARTS FOR FLEET", IN TWO CATEGORIES AS FOLLOWS: HEAVY TRUCKS, HEAVY EQUIPMENT AND SCHOOL BUSES AWARDED TO NAPLES TRUCK PARTS AS PRIMARY VENDOR AND TO BONITA AUTO SUPPLY, INC., AND NAPA AND NAP A AUTO PARTS AS SECONDARY VENDORS; AUTOMOBILES AND SMALL TRUCKS AWARDED TO BUMPER TO BUMPER PARTS DEPOT, Page 282 December 14, 2004 INC. #540 AS PRIMARY VENDOR AND TO BONITA AUTO SUPPLY, INC. AND NAPA AND NAPA AUTO PARTS AS SECONDARY VENDORS Item # 16E3 BUDGET AMENDMENT, IN THE AMOUNT OF $32,000, TO PREPARE AND SECURE AN ALTERNATIVE SITE FOR THE STORAGE AND SALE OF SURPLUS VEHICLES AT FUTURE SURPLUS PROPERTY AUCTIONS-TO STORE AND SELL Item #16E4-Moved to Item #10L Item #16E5 AMENDMENTS TO TWO EXISTING LEASE AGREEMENTS WITH ALAN AND PATRICIA BOOLE FOR THE CONTINUED USE OF GARAGE SPACE BY THE SHERIFF'S OFFICE, AT A TOTAL COST OF $79,800-TO BE EXTENDED ONE YEAR FROM JANUARY 1, 2005 THROUGH DECEMBER 31, 2005 WITH EACH LEASE ABLE TO BE EXTENDED FOR TWO ADDITIONAL ONE-YEAR PERIODS. USE OF PROPERTY IS NEEDED UNTIL THE SHERIFF'S NEW FLEET MAINTENANCE FACILITY, AT COUNTY BARN ROAD, IS CONSTRUCTED AND READY FOR Item #16E6 REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS-TO PROMOTE ACCOUNTABILITY IN THE USE Page 283 December 14, 2004 OF STAFF AUTHORITY-~OR THE PERIOD OF OCTOBER 30, 2004 THROUGH NOVEMBER 22, 2004-AS DETAILED IN THE Item #16E7 CONFIRM AND CONSENT THE RE-ASSIGNMENT OF RFP NO. 00-3113 "DEPARTMENT OF UTILITY BILLING SERVICES INTEGRATED SOFTWARE SYSTEM" FROM IMSOFTECH, INC. TO N. HARRIS COMPUTER CORPORATION-AS DETAILED IN Item #16E8 BID NO. 05-3746 FOR TEMPORARY CLERICAL SERVICES AWARDED TO MANPOWER TEMPORARY SERVICES, INC. AS PRIMARY VENDOR, AND KELLY SERVICES, INC., AS SECONDARY VENDOR-TO BE USED BY ANY COUNTY DEPARTMENT TO COVER EMPLOYEE VACATIONS, SICK Item #16E9 AN INCREASE TO THE COST OF WORK, IN THE AMOUNT OF $45,000, TO CONTRACT NO. 04-3694 WITH SURETY CONSTRUCTION COMPANY, INC., FOR THE REMODELING OF THE COLLIER COUNTY CLERK'S MIS DEPARTMENT LOCATED ON THE 5TH FLOOR OF THE COUNTY Item #16Fl Page 284 December 14, 2004 AWARD BID #05-3744, "H;IDEAWAY BEACH JETTY AND T- GROIN CONSTRUCTION'.', TO MARINE CONTRACTING GROUP, INC., IN THE AMOUNT OF $2,140,880, AND AUTHORIZE A $180,000 TIME AND MATERIALS ENGINEERING SERVICES WORK ORDER WITH HUMISTON & MOORE ENGINEERS FOR CONSTRUCTION OBSERVATIONS AND MONITORING, HIDEAWAY BEACH RENOURISHMENT, ~502 Item #16F2 WORK ORDER AMENDMENT #1 TO TE-FT-03-02 WITH TAYLOR ENGINEERING FOR ADDITIONAL DESIGN/PERMITTING EFFORTS FOR MARCO SOUTH BEACH RENOURISHMENT, PROJECT 90500, IN THE AMOUNT OF $3 (), () lililO Item #16F3 ENGINEERING SERVICES WORK ORDER UNDER CONTRACT #01-3271, "FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS", WITH COASTAL PLANNING & ENGINEERING, INC., FOR DESIGNING AND PERMITTING AN ARTIFICIAL REEF AND FOR COMPLETING REQUIREMENTS ESTABLISHED BY THE U.S. MINERALS MANAGEMENT SERVICE FOR A BORROW Item #16F4 AWARD BID #05-3753, "MAINTENANCE DREDGING OF WIGGINS PASS", IN THE AMOUNT OF $380,000, TO SNYDER Page 285 December 14, 2004 INDUSTRIES, INC., AND AUTHORIZE A $44,149 TIME AND . MATERIALS ENGINEERING SERVICES WORK ORDER WITH HUMISTON & MOORE ENGINEERS FOR CONSTRUCTION OBSERVATIONS AND MONITORING, WIGGINS PASS Items #16F5 MEMORANDUM OF UNDERSTANDING WITH THE SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS LOCAL 1826 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS INC. TO INCLUDE A CAREER PROGRESSION MATRIX TO THE CURRENT COLLECTIVE BARGAINING . AGREEMENT-TO DESCRIBE THE QUALIFICATIONS NECESSARY FOR CERTAIN ELIGIBLE EMPLOYEES TO Item #16F6 A SOLE SOURCE PURCHASE OF "AUDICOR" FOR PLACEMENT ON COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT UNITS IN THE AMOUNT OF $225,OOO-TO MAXIMIZE AND ENHANCE THE CURRENT DELIVERY OF CARE AND TRANSPORT OF PATIENTS Item # 16F7 AWARD BID #04-3715, TO PORCHE FIRE EQUIPMENT, INC., FOR SELF-CONTAINED BREATHING APPARATUS, IN THE AMOUNT OF $90,000.-FOR THE OCHOPEE FIRE CONTROL IlISIRIC.T Page 286 December 14,2004 Item #16F8 AWARD BID #05-3749, TO FLORAQUATICS, INC, IN THE AMOUNT OF $67,840.00, FOR CLAM BAY INTERIOR Item #16F9 LEASE AGREEMENT WITH THE CITY OF NAPLES FOR SHARED USE OF FIRE STATION 2, LOCATED AT 977 26TH AVENUE NORTH, AT A FIRST YEAR'S TOTAL COST OF Item #16FI0 RESOLUTION 2004-377: FLORIDA EMERGENCY MEDICAL SERVICE COUNTY GRANT APPLICATION, GRANT DISTRIBUTION FORM, AND RESOLUTION FOR TRAINING AND MEDICAL/RESCUE EQUIPMENT IN THE AMOUNT OF $112,672.82-TO EXPAND AND IMPROVE EMERGENCY MEDlCA.LSERYIC.S Item #16F11 SOLE SOURCE PURCHASE OF ONE "SIMBABY" FOR TRAINING PURPOSES OF COLLIER COUNTY PARAMEDICS AND EMT'S TO MAXIMIZE AND ENHANCE THE CURRENT DELIVERY OF CARE TO INFANT PATIENTS. THIS IS A PREVIOUS AWARDED GRANT FROM THE ST ATE OF ELORIDA Item #16F12 Page 287 December 14, 2004 APPROVAL AND RATIFICATION OF THE COLLECTIVE BARGAINING AGREEMENT WITH THE FIREFIGHTERS OF THE EVERGLADES INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3670. THE AGREEMENT IS AVAILABLE FOR PUBLIC VIEWING AT THE COLLIER COUNTY MANAGER'S OFFICE OR BUREAU OF EMERGENCY SERYICES Item #16Hl COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING THE HOSPICE OF NAPLES OPEN HOUSE RECEPTION, DECEMBER 16, 2004, AT COCONUT PLACE OFFICE PARK, NAPLES, TO REPRESENT DISTRICT 5. $20.00 TO BE PAID FROM COMMISSIONER COLEIT A'S TR A VEL..B.IJllGE.T Item #16H2-Withdrawn COMMISSIONER COLETTA'S REQUEST FOR PAYMENT OF AN OVERNIGHT STAY AT WYN STAR INN & SUITES, FORT MYERS, BETWEEN THE SOUTHWEST FLORIDA REGIONAL LEGISLATIVE DELEGATION RECEPTION ON DECEMBER 9TH AND THE ISSUES '05 SOUTHWEST REGIONAL DELEGATION FORUM ON DECEMBER 10TH. $79.00 TO BR PAID FROM , Item #16H3 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING THE NAPLES HISPANIC CHAMBER OF COMMERCE'S FIRST ANNUAL CHRISTMAS Page 288 December 14, 2004 PARTY, DECEMBER 8,2004, AT THE NAPLES BATH AND TENNIS CLUB, TO REPRESENT DISTRICT 5. $30.00 TO BE , Itenl #16H4 COMMISSIONERS COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING THE KIWANIS CLUB LUNCHEON, FEATURING DR. GENE LANDRUM AS ITS SPEAKER, ON DECEMBER 8,2004, AT ONE STOP CAREER AND SERVICE CENTER, IMMOKALEE, FL. $10.00 TO BE PAID , Item #161 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REEERRED - The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 289 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE . December 14,2004 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1. Fiddler's Creek Community Development District -Agenda and Minutes of June 23, 2003; Agenda and Minutes of August 25, 2004; Description of Outstanding Bonds; Proposed FY 2005 Budget; Registered Officer and Agent; Schedule of Regular Meetings; District Map; and Unaudited Financial Statements for May 31, 2004. 2. Fiddler's Creek Communitv Development District II - Agenda and Minutes of August 25, 2004; FY 2005 Operating Budget; Unaudited Construction Financial Statements, July 31, 2004; and FY 2005 Schedule of Meeting. 3. Port of the Islands Community Improvement District - Agenda and Minutes of August 20, 2004; Registered Officer and Agent; Independent Auditor's Report. 4. Riviera Golf Estates Homeowners Association - Schedule of Regular Meetings; and Amended and Restated Governing Documents for Riviera Golf Estates (2 sets). 5. Ouarry Community Development District - Agenda and Minutes for September 13,2004; Agenda and Minutes of October 11,2004 and October 21,2004. B. Minutes: 1. Coastal Advisory Committee - Minutes of October 14,2004; Procedures for the Coastal Advisory Committee and the Original Resolution 2004-01 Adopting those Procedures. 2. Pelican Bay Services Division - Agenda for the Budget Sub-Committee of November 23,2004; and Minutes of October 20,2004. 3. Productivity Committee Meeting - Minutes of October 20,2004. 4. Vanderbilt Beach M.S.T.U. - Summary of Minutes & Motions for October 19, 2004. H:DatalFormat 5. Collier County Planning Commission - Minutes for September 2, 2004. C. Other: 1) Caribbean Blue Ribbon Committee - Minutes of July 21, 2004. H:DataIF ormat December 14,2004 Item #16Jl DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. A COPY OF THE DETAILED REPORT IS ON DISPLAY IN THE COUNTY MANAGER'S OFFICE, 3301 EAST TAMIAMI TRAIL, W. HARMON TURNER BUILDING, 2ND FLOOR, NAPLES, FLORIDA-FOR THE PERIOD OF NOVEMBER 13, 2004 Item #16J2 REPORT TO THE BOARD OF COUNTY COMMISSIONERS, IN COMPLIANCE WITH THE PURCHASING POLICY, THE TOTAL DOLLAR AMOUNT OF INTEREST PAYMENTS THAT WERE MADE DURING THE PRECEDING FISCAL YEAR FOR VIOLATIONS OF THE FLORIDA PROMPT PAYMENT ACT -AS Item #16K1 MAKING OF AN OFFER OF JUDGMENT TO RESPONDENT, MARY LOW ADSIT, FOR PARCEL NO. 181, IN THE AMOUNT OF $163,900, IN THE LAWSUIT STYLED COLLIER COUNTY V. MARY LOU ADSIT, ET AL. (VANDERBILT BEACH ROAD PROJECT #63051)-AS DETAILED IN THE EXECUTIVE SUMMARY Item #16K2 Page 290 December 14,2004 AN AGREED ORDER AND PAYMENT OF ENGINEERING FEES FOR PARCELS 117, 133, 717A, 717B AND 733, IN THE LAWSUIT STYLED COLLIER COUNTY V. CALUSA BAY MASTER ASSOCIATION, INC., ET AL., CASE NO. 02-2040-CA. (GOODLETTE-FRANK ROAD PROJECT #60134)-PA YMENT OF $39,000.00 TO CALUSA BAY MASTER ASSOCIATION, INC. Item #16K3 MEDIATED SETTLEMENT AGREEMENT AS TO PARCEL 116 IN THE LAWSUIT STYLED COLLIER COUNTY V. NORTHSIDE CONSTRUCTION COMPANY, ET AL., CASE NO. 00-0136-CA. (PINE RIDGE ROAD PROJECT #60111)-AS DETAILED IN THE Item #16K4 MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS, JACK V. HARRISON AND JUANITA HARRISON, FOR PARCEL NO. 122, IN THE AMOUNT OF $12,500, IN THE LAWSUIT STYLED COLLIER COUNTY V. VILLAGE WALK HOMEOWNER'S ASSOC. OF NAPLES, INC., ET AL., CASE NO. 04-345-CA. (VANDERBILT BEACH ROAD PROJECT #63051)-AS DETAILED Item # 16K5 STIPULATED FINAL JUDGMENT AS TO PARCEL 102 IN THE LAWSUIT STYLED COLLIER COUNTY V. PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, ET AL., CASE NO. 04- 1532-CA. (VANDERBILT BEACH ROAD PROJECT #63051 )-AS Page 291 December 14,2004 Item #16K6 MAKING OF AN OFFER OF JUDGMENT TO RESPONDENT, WALNUT FARMS, INC., FOR PARCEL NO. 166A, IN THE AMOUNT OF $36,150.00, IN THE LAWSUIT STYLED COLLIER COUNTY V. JUAN RAMIREZ, ET AL., CASE NO. 02-5166-CA. (IMMOKALEE ROAD PROJECT #60018)-AS DETAILED IN THE Item #16K7 MAKING OF AN OFFER OF JUDGMENT TO RESPONDENT, WALNUT FARMS, INC., FOR PARCEL NO. 166B, IN THE AMOUNT OF $207,100.00, IN THE LAWSUIT STYLED COLLIER COUNTY V. JUAN RAMIREZ, ET AL., CASE NO. 02-5166-CA. (IMMOKALEE ROAD PROJECT #60018)-AS DETAILED IN THE Item #16K8 CONSIDERATION AND APPROVAL OF AGREEMENT AND BUDGET FOR PARTIAL FUNDING OF LEGAL AID SERVICES TO ASSIST QUALIFIED INDIGENT RESIDENTS OF COLLIER COUNTY WITH CIVIL LEGAL PROBLEMS-WITH LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY TO PROVIDE FOR A LEGAL Item # 1 7 A Page 292 December 14, 2004 RESOLUTION 2004-378: PETITION AVROW2001-AR1388 TO RENOUNCE AND DISCLAIM ALL RIGHTS AND INTERESTS OF THE PUBLIC TO ACCESS (INGRESS/EGRESS) AND TRAVEL UPON THE FOLLOWING ROAD RIGHTS-OF- WAY LOCATED WITHIN BOYNE SOUTH SUBDIVISION. THOSE ROAD RIGHTS-OF-WAY DEPICTED AND DESCRIBED IN THE PLAT OF "ROYAL PALM GOLF ESTATES UNIT ONE", AS RECORDED IN PLAT BOOK 12, PAGES 13 THROUGH 18, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; PROVIDING FOR THE CONTINUING AND UNAFFECTED RIGHTS OF EASEMENT HOLDERS, EMERGENCY MEDICAL AND FIRE SERVICES, COLLIER COUNTY WATER MANAGEMENT VEHICLES AND PERSONNEL, COLLIER COUNTY TRANSPORTATION VEHICLES AND PERSONNEL AND COLLIER COUNTY WATER-SEWER DISTRICT VEHICLES AND PERSONNEL; PROVIDING AN EFFECTIVE DATE. LOCATED IN SECTION 20, TOWNSHIP 51 SOUTH, R.ANGR 27 FAST Item #17B RESOLUTION 2004-379: PETITION V A-2004-AR-6140, PINE RIDGE CENTER AND PINE RIDGE CENTER WEST PUDS, REPRESENTED BY D. WAYNE ARNOLD, AICP OF Q. GRADY MINOR & ASSOCIATES, P.A., REQUESTING TWO 15-FOOT VARIANCES, ONE FROM THE REQUIRED 15-FOOT SETBACK FOR THE WESTERN BOUNDARY OF THE PINE RIDGE CENTER PLANNED UNIT DEVELOPMENT (PUD), AND A 15- FOOT VARIANCE FROM THE REQUIRED 15-FOOT SETBACK FOR THE EASTERN BOUNDARY OF THE PINE RIDGE CENTER WEST PUD, TO PERMIT A O-FOOT SETBACK FROM THE COMMON BOUNDARY BETWEEN THE TWO PUDS. IT IS Page 293 December 14,2004 THE APPLICANT'S INTENT, IF THESE VARIANCES ARE GRANTED, TO CONSTRUCT A SINGLE OFFICE BUILDING ACROSS THE COMMON PROPERTY LINE-WITH SIIEllLAIIQNS Item #17C ORDINANCE 2004-76: SE-2004-AR-5861, AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY SPECIFICALLY AMENDING ORDINANCE 03-51, PERTAINING TO THE WENTWORTH ESTATES PUD, TO CORRECT A SCRIVENER'S ERROR DUE TO INCLUSION OF AN INCORRECT ZONING ATLAS MAP NUMBER FOR WENTWORTH ESTATES PUD; AND BY Item #17D RESOLUTION 2004-380: CU2004-AR6464, PINNACLE TOWERS, LLC, REPRESENTED BY DEBORAH L. MARTOHUE, ESQUIRE, OF HAYES & MARTOHUE, P.A., REQUESTING CONDITIONAL USE 13 OF THE (A) AGRICULTURAL ZONING DISTRICT FOR A 518-FOOT REPLACEMENT GUYED TOWER TO REPLACE A PRIOR EXISTING TOWER DESTROYED JULY 12, 2004. THE PROPERTY, CONSISTING OF 14.55 ACRES, IS LOCATED AT 305 TOWER ROAD, NORTHWEST INTERSECTION OF U.S. 41 AND S.R. 951, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE Item #17E Page 294 December 14, 2004 RESOLUTION 2004-381/DO 2004-03: DRI-04-AR-6469, LUCKY STRIKE MK, INC., REPRESENTED BY R. BRUCE ANDERSON, OF ROETZEL & ANDRESS, LP A, REQUESTING AN AMENDMENT TO THE GREEN HERON DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER BY EXTENDING THE TERMINATION DATE FROM FEBRUARY 7, 1999 TO JANUARY 1,2009 FOR PROPERTY LOCATED ON THE NORTH SIDE OF RADIO ROAD (C.R. 856) AND APPROXIMATELY ONE-HALF MILE EAST OF SANTA BARBARA BOULEVARD IN SECTION 33, TOWNSHIP 49 Item #17F ORDINANCE 2004-77: AN ORDINANCE OF COLLIER COUNTY FLORIDA, AMENDING COLLIER COUNTY ORDINANCE NO. 91-65, TO ADD A POSITION OF ALTERNATE MEMBER ON ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:57 p.m. Page 295 December 14, 2004 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL =C~ER ITS CONTROL DONNA F ALA, Chairman ATTEST: DWIGHT E.. BROCK, CLERK ,..." "" 'I. ro . "" ,~~,:.. ~ ::". , . . ". :',." .. \"~' ',,"i' . ,.~ ~" " tl: ' . '- . .. .0.(. ..",-:;. '; These minutes approved by the Board on \-\ i-ODDS' , as presented v" or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC. BY TERRI LEWIS. Page 296