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BCC Minutes 01/25/2005 R January 25,2005 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, January 25, 2005 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: Fred W. Coyle Frank Halas Tom Henning Donna Fiala Jim Coletta ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Jim Mitchell, Office of the Clerk of Courts Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ii', "'-.. .: ( _..:::~"~;:,~.,, AGENDA January 25, 2005 9:00 AM Fred W. Coyle, Chairman, District 4 Frank Halas, Vice-Chairman, District 2 Donna Fiala, Commissioner, District 1 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 PRESENTATION 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, Page 1 January 25, 2005 AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) J eanine McPherson, Parks and Recreation 2) Richard Winans, Transportation Road Maintenance 3) Carol Travis, Library 4. PROCLAMATIONS A. Proclamation to recognize the lmmokalee High School Football Team and Coach Weber for becoming the Class 2A State Football Champions. To be accepted by the football team, Coach John Weber, Principal, Armando Page 2 January 25, 2005 Touron; and Linda Ayer. B. Proclamation to recognize January 23-29, 2005 as Emergency Planning and Community Right-to-Know Act. To be accepted by Rick Zyvoloski, Emergency Management Coordinator for Collier County. C. Proclamation to recognize January 25, 2005 through January 17,2006 as A Year of Celebration of the Life and Vision of American Statesman Benjamin Franklin. To be accepted by Mr. Ardyn Long, President of Friends of the Library. D. Proclamation to congratulate the residents of Marco Island in recognition of their 40th Anniversary Celebration. To be accepted by Terri DiSciullo, Council Chairwoman for the City of Marco Island. E. Proclamation to have recognized January 16th through January 22nd, 2005 as National Jaycee Recognition Week. To be accepted by Rebekah Pastor, Naples Jaycee's 2005 President. F. Proclamation to recognize February 4th through May 1st, 2005 as Matisse, Picasso & Friends Season. To be accepted by Jackie Lane, Creative Director for the Philharmonic Center for the Arts. 5. PRESENTATIONS A. Recommendation to recognize Ana Fuentes, Customer Service Specialist, Administrative Services Division, as Employee of the Month for January 2005. 6. PUBLIC PETITIONS A. Public Petition request by Tom Mooney to discuss storm water management in Naples Park. B. Public Petition request by Donald Schummer to discuss motion of the Board to purchase right-of-way along west side of Santa Barbara Boulevard between Golden Gate Parkway and Pine Ridge Road. C. Public Petition request by Nancy Lange to discuss refund of impact fees charged in error. Page 3 January 25, 2005 Items 7 and 8 to be heard bef!inninf! at 1:00 D.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation to approve the 2004 Cycle Growth Management Plan Small Scale Amendment. (Adoption cycle). B. This item reauires that all participants be sworn in and ex-parte disclosure be provided bv Commission members. Baldridge Real Estate, Inc., represented by Tim Hancock of Talon Management, requesting a rezone from the RMF -12 zoning district to the PUD zoning district to be known as Zone PUD Planned Unit Development which will include a maximum of 6,840 square feet of commercial use. The property is located on the northeast comer of Golden Gate Parkway and 52nd Terrace S.W., in Section 28, Township 49 South, Range 26 East, Collier County, Florida, consisting of .83:f: acres. (Companion item to CPSS-2004-0 I) C. This item was continued from the December 14~ 2004 BCC meetin2. 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 be known as the Buckley Mixed Use PUD to allow for mixed-use commercial and residential development. The PUD is proposed for a maximum of251 residential dwelling units, a maximum of74,230 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:f: acres. D. Recommendation to approve the 2004 Cycle Growth Management Plan Amendments. (Transmittal hearing). 9. BOARD OF COUNTY COMMISSIONERS Page 4 January 25, 2005 A. Appointment of member to the Land Acquisition Advisory Committee. B. This item to be heard at 10:30 a.m. Discussion regarding the Pelican Bay Annexation report. (Commissioner Henning request) C. Request to reconsider Warm Springs PUD, PUDZ-A-2004-AR-6142 Naples Syndications, LLC. (Commissioner Halas request) 10. COUNTY MANAGER'S REPORT A. Presentation of recent analysis and recommendation of continuing with the current design for Santa Barbara which includes widening to six lanes from Davis Boulevard to Golden Gate Parkway and rebuilding a four lane roadway in a six lane right-of-way from Golden Gate Parkway to Green Boulevard with a slight revision to the Golden Gate Parkway intersection to include three northbound lanes for a short distance to help the current and future operations of this intersection. (Norman Feder, Administrator, Transportation Services) B. Recommendation to approve an alternative road impact fee calculation and resulting rate of$9,619 Per 1,000 square feet for the proposed Germain Riverchase BMW dealership. (Norman Feder, Administrator, Transportation Services) C. Recommendation to close the 2005 Growth Management Plan amendment cycle to private sector petitions, in consideration of the EAR-based Amendments development and adoption process. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) D. This item to be heard at 11:00 a.m. Recommendation for the approval of the second Conservation Collier Active Acquisition List and direction for staff to actively pursue projects recommended within the A Category. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) E. This item was continued from the January 11~ 2005 BCC meetin2. Staff update and recommendation to the Board of County Commissioners (BCC) in response to the Public Petition presented at the December 14, 2004, BCC meeting by Mr. Robert France regarding an existing code violation and a Page 5 January 25, 2005 potential solution involving a lot line adjustment and parcel exchange at 3681 4th Avenue NE. (Jim DeLony, Administrator, Public Utilities) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 11 :30 a.m. Recommendation that, pursuant to Ordinance No. 2001-55 (sometimes referred to as the "Advisory Board Ordinance"), the Board of County Commissioners adopt Resolution No. 2005-_ establishing the Caribbean Gardens Task Force Committee and discuss any continuing role of the staff in connection with the volunteer Blue Ribbon Committee. 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 an Interim Management Plan for the North Golden Gate Estates (NGGE) Unit 53 property under the Conservation Collier Land Acquisition Program. 2) Petition CARNY-2004-AR-7015, John Yonkosky, Treasurer, Collier County Fair and Exposition, Inc., requesting a permit to conduct a fair from February 4th through February 13, 2005, at the Collier County Fair Grounds on Immokalee Road (C.R. 846) North Golden Gate Estates. Page 6 January 25, 2005 3) Recommendation to approve Lien Resolutions for the following Code Enforcement Case Numbers: 2004 1 00542/Alvarez, Jennifer, 2004100530/ Cavataio, Salvatore & Antoinette, 2004110012/Caffa- Mobley Et AI, Priscilla, 2004080055/Reece Est., Annie Earl, 2004100961/Reece Est., Annie Earl, 2004100345/Baton Rouge LLC, 2004100485/Baron, Mimon, 2004050647 /Baron, Mimon, 2004071226/ Glover, Lizzie H., 2004080595/Stonestreet, William M, 2004070376/Mac Builders Inc., - Carlos Veloz, 2004070375/Mac Builders Inc., 2004060799/0nofre, Roberto C., Inc., 2004070552/Seffer, Erik H. and Astrid V., 2004090471/Tsalach Investments, Inc., 2004110013/Volcy, Evens and Marie C., 2004030691/ Riambau, Steve and Dasilva, Gildete A., 2004090637/0sceola, Douglas M., 2004090638/0sceola, Douglas M., 2004061 226/Martel, Claude, 2004090639/LaRoss Tr., Elizabeth Anton, 2004091102/ Weyrauch, James P. and Diane P., 20040911001N0lan Jr. Tr., Leonard F., and Nolan Tr., Michael S. and Michael N. Realty Trust, 2004050696/Morris, Thomas and 2004091116/Moriarty, Judith and Connors, Cynthia and Navarra, Dennis. 4) Recommendation to approve two Satisfactions of Lien for Resolution No's: 2001-213 styled Board of County Commissioners vs. Alfredo L. and Anne C. Ramirez and 2002-349 styled Board of County Commissioners vs. Stuart O. Kaye. 5) Recommendation to approve the application by Genapol for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program. 6) Recommendation to approve 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 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 7) Recommend the Board adopt a Resolution opposing proposed Senate Bill 0620, and any similar changes to Florida Statutes, that will Page 7 January 25, 2005 diminish authority of Florida's local governments to regulate wireless communications facilities except to the extent actually necessary to facilitate 911/E911 services. 8) Recommendation to approve one (I) impact fee reimbursement requested by Mortgage Max, Incorporated, totaling $34,566.60, due to building permit revision and corresponding reduction in square footage. 9) Recommendation to approve a Resolution supporting Genapol as a qualified applicant in the Qualified Target Industry (QTI) Tax Refund Program and providing for an appropriation of$96,000 as a local participation match, pursuant to Section 288.106, Florida Statutes. 10) Recommendation to approve a Resolution supporting Advocate Aircraft Taxation Company as a qualified applicant in the Qualified Target Industry (QTI) Tax Refund Program and providing for an appropriation of $60,000 as a local participation match, pursuant to Section 288.1 06, Florida Statutes B. TRANSPORTATION SERVICES 1) Recommendation to approve a Budget Amendment recognizing prior year revenue for funds recovered from vehicle accidents where County traffic signals and streetlights sustained damages ($78,738.98). 2) Recommendation to Approve the FY 2005 Transit Development Plan Update. 3) Recommendation to authorize the Transportation Administrator or his designee to execute the attached Federal Transit Administration Section 5310 grant application and applicable documents, and to accept, on behalf of the County, any such grant awarded 4) Recommendation to acquire Board approval to sign and execute a Local Agency Program (LAP) Supplemental Agreement between Collier County and the Florida Department of Transportation (FDOT) for sidewalk construction along County Road 29 in Everglades City. Page 8 January 25, 2005 5) Recommendation to award bid #04-3595R - annual contract for "Clearing, Grubbing and Tree Trimming Removal Services" for the approximate annual amount of$50,000. 6) Recommendation to award bid #05-3633 - annual contract for "Rework of Slopes and Roadside Ditches" for the approximate annual amount of $50,000. 7) Recommendation to approve a waiver of the formal bid process and approve a contract agreement between Collier County and Temple, Incorporated for services related to the implementation of a Split Cycle Offset Optimization Technique (SCOOT) adaptive traffic system on the Pine Ridge Road corridor between Goodlette-Frank Road and Logan Boulevard at a cost not to exceed $671,964; Project #601724. 8) Recommendation to approve a South Florida Water Management District Local Governmental Grant Agreement No. OT050869 in the amount of $170,000 for partial funding of the 2005 Australian Pine Tree Removal Program 9) Recommendation to authorize the Transportation Administrator or his designee to execute the attached Federal Transit Administration Section 5311 grant application and applicable documents, and to accept, on behalf of the County, any such grant awarded 10) Recommendation to approve a Resolution authorizing execution of a Florida Department of Transportation Local Agency Program Agreement for the beautification enhancements to St. Andrews Boulevard from US 41 to Pebble Beach Boulevard and to advance the funds from the General MSTD Fund (111). 11) A resolution required pursuant to Section 125.37, Florida Statutes, for the exchange of real property in connection with the expansion of lmmokalee Road from 4 lanes to 6 between US-41 and 1-75. C. PUBLIC UTILITIES 1) Recommendation to award Bid #05-3762 to Encore Construction Company to construct the Sodium Hypochlorite Tank and Piping Page 9 January 25, 2005 Repairs, in the amount of $72,500, and approve the necessary budget amendment, for the North County Water Reclamation Facility Bleach Piping Replacement Project, Project Number 73957. 2) Recommendation to award Bid No. 04-3713, Annual Contract for Pump and Motor Repair and Purchase for County-wide maintenance of equipment to various companies in the estimated amount of $300,000.00. 3) Recommendation to rescind award of Bid # 02-3382 to R & D Soil Builders, lnc, Project 73127. 4) Approval of an lnterlocal Agreement between Collier County and The City Of Marco Island for the County to continue providing trash collection services in The City. 5) Recommendation that the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as ex- officio the governing board of the Collier County Water-Sewer District, adopt a Resolution for the exchange of 4,623 square feet of the Pelican Bay Utility Site for 9,246 square feet of The Club Pelican Bay, Inc., golf course property, at a total cost not to exceed $1,150. D. PUBLIC SERVICES 1) Recommendation to approve the submittal of the attached Emergency Prevention and Readiness Outreach grant application to Volunteer Florida for a Responsible Pet Ownership and Disaster Preparedness Project in the amount of $18,000.00 2) Recommendation to approve a cooperative agreement with VGC, LLC and a TDC Category "A" Supplemental Grant Application in the amount of$16,500 for construction of Vanderbilt Beach Access #1 3) Recommendation to approve a budget amendment recognizing $13,166.68 in revenue from private contributions and appropriating funds for the purchase of Access Dinghies for the Collier County Sailing Center 4) Recommendation to enter into an agreement to provide existing Page 10 January 25, 2005 funding of $50,000 for operational expenses associated with WeCare, Inc. E. ADMINISTRATIVE SERVICES 1) Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. F. COUNTY MANAGER 1) Recommendation to approve a budget amendment, Project 90536, in the amount of $3,525. 2) Recommendation to approve two Work Order Amendments under Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston & Moore Engineers for the Hideaway Beach Renourishment, Project 90502, in the total amount of $28,500. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the City of Marco Island & the Marco Island Area Chamber of Commerce's 40th Anniversary of Modern Marco Island dinner at the Marco Island Marriott Resort, Golf Club & Spa; $100.00 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended Marco Island Area Chamber of Commerce Aloha Luau on January 8,2005 at Hideaway Beach Club; $55.00 to be paid from the Commissioner's travel budget. 3) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Marco Chamber of Commerce Going Away Luncheon for Greg Niles Page 11 January 25, 2005 on January 19,2005 at the Island Country Club on Marco; $25.00 to be paid from Commissioner Fiala's travel budget. 4) Commissioner Henning requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner Henning attending the Greater Naples Chamber of Commerce "Wake Up Naples" event on January 19,2005, at the Hilton Naples & Towers. Registration of $17.00 to be paid from Commissioner Henning's travel budget. 5) Commissioner Coletta requests Board approval for reimbursement for having attended a function serving a valid public purpose. Commissioner attended the East Naples Civic Association Annual Banquet Celebration on January 17, 2005; $35.00 to be paid from Commissioner Coletta's travel budget. 6) Commissioner Henning requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner Henning attending the Urban Land Institute of Southwest Florida 8th Annual Winter Institute on February 3rd at the Naples Hilton & Towers. Registration fee of$25.00 to be paid from Commissioner Henning's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File For Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners approve a document for Ninth Year State Criminal Alien Assistance Program (SCAAP) Grant Funds. 2) Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant, approve the Sheriffs Office Grant Application, authorize acceptance of the Grant Award, and approve associated budget amendments. Page 12 January 25, 2005 3) Recommend that the Board of County Commissioners make a determination that the purchases of goods and services documented in the Detailed Report of Open Purchase Orders opened from December 25,2004 through January 7,2005 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report can be viewed at the County Manager's Office, 2nd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, FL. K. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners Approve a Stipulated Final Judgment Relative to the Acquisition of Parcel 132 in the Lawsuit Styled Collier County v. First National Bank of Naples , et aI., Case No. 04-3587-CA (Immokalee Road Project #66042). 2) Recommendation that the Board of County Commissioners Authorize the County Attorney's Office to Make a Business Damage Offer to Settle a Claim for Business Damages by Wal-Mart Stores, Inc., d/ b/a Sam's Club associated with the Acquisition of Parcels 135, 735A and 735B in the Lawsuit Styled Collier County v. Wal-Mart Stores, Inc., et aI., Case No. 04-3632-CA (Immokalee Road Project #66042). 3) Recommendation that the Board of County Commissioners Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement Relative to the Acquisition of Parcels 128 and 728 in the Lawsuit Styled Collier County v. Terry L. Lichliter, et aI. Case No. 03-2273-CA (Golden Gate Parkway Project No. 60027). 4) Recommendation that the Board of County Commissioners Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement Relative to the Acquisition of Parcels 117 and 717 in the Lawsuit Styled Collier County v. Jack E. Green, et aI. Case No. 03-2227-CA (Golden Gate Parkway Project No. 60027). 5) Recommendation to approve settlement payment of $750.00 by Collier County in the lawsuit entitled: Brandi L. Walkowiak-King vs. Page 13 January 25, 2005 Collier County, originally filed in the Twentieth Judicial Circuit, in and for Collier County, Florida, case no.: 02-443 CA. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item reQuires that all participants be sworn in and Ex Parte disclosure be provided by Commission members. Recommendation to approve Petition A VPLA T2003-AR4686 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 20 foot wide drainage easement located along the rear of Lot 86, according to the plat of "Port Of The Islands (The Cays) Phase II" as recorded in Plat Book 21, Pages I through 4, Public Records Of Collier County, Florida, located in Section 9, Township 52 South, Range 28 East. B. SE-04-AR-6485, an Ordinance amending Ordinance 02-53, the McIntosh Professional Office Complex to correct a scrivener's error in the Legal Description for property that is located on the northeast corner of Goodlette- Frank Road (C.R. 851) and 13th Avenue North, in Section 34, Township 49 South, Range 25 East, Collier County, Florida. C. This item was continued from the January 11~ 2005 BCC meetin2. PUDEX-2004-AR-6694 Bayview Villas, LLC, represented by Dwight Nadeau, of RWA, Inc., requesting a two-year extension ofa Planned Unit Development (PUD) zoning granted by Ordinance No. 2000-05, pursuant to LDC Section 10.02.13.D for the North Port Bay PUD. The property, consisting of 46.33 acres, is located north of U.S. 41 (Tamiami Trail), east of Page 14 January 25, 2005 the Fahka Union Canal, in Sections 4 & 9, Township 52 South, Range 28 East, Collier County, Florida. This petition was continued from the January 11 th, 2005 Board of County Commissioners regular meeting. D. PUDEX-2004-AR-6630 Amy Turner, Tammy Turner Kipp and BRT Coastal Investments, property owners, represented by Wayne Arnold, ofQ. Grady Minor and Associates P .A., requesting a two-year extension of the Vanderbilt Trust 1989 Planned Unit Development (PUD), pursuant to LDC Section 10.02.13, for a 7.84+ acre tract located on Vanderbilt Beach Road, approximately ~ mile east of Livingston Road, in Section 31, Township 48 South, Range 26 East Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 15 January 25, 2005 January 25, 2005 CHAIRMAN COYLE: Do we have hot mics? MR. MUDD: Mr. Chairman, you have hot mics. CHAIRMAN COYLE: Would you please stand for the invocation, please. MR. MUDD: Heavenly Father, we ask your blessings on these proceedings and all who are gathered here. We ask a special blessing on this board of county commissioners, guide them in their deliberations, grant them the wisdom and vision to meet the trials of this day and the days to come. . Bless us now as we undertake the business of Collier County and its citizens, that our actions will serve the greater good of all citizens and be acceptable in your sight. Your will be done, amen. CHAIRMAN COYLE: Thank you. County Manager Mudd, now will you join me in the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Thank you. Mr. Mudd, would you like to review the agenda changes? Item #2A REGULAR CONSENT AND SUMMARY AGENDA - APPROVED MR. MUDD: Yes, sir. But I'm going to ask the county attorney if he has any quick corrections, since it's not on this piece of paper. CHAIRMAN COYLE: Okay. MR. WEIGEL: No. Thank you, Jim. No additional revisions to what Mr. Mudd will make apparent. Thank you. CHAIRMAN COYLE: Okay. Thank you. MR. MUDD: Mr. Chairman, the agenda changes -- Mr. Chairman, Commissioners, the agenda changes for the Board of Page 2 January 25, 2005 County Commissioners meeting, January 25th, 2005: Item 16A5, the fiscal impact section under Broadband Infrastructure, the fourth sentence should read: Additionally, the participating company must pay their annual tangible (rather than annual ad valorem property) taxes to the county, in full, prior to a request for payment, and that change is at staffs request. The next item is to move item 16A6 to 1 OF, and that's a recommendation to approve the application for the Job Creation Investment Program, the events -- the Advanced Broadband Infrastructure Investment Program, and the Fee Payment Assistance Program by Guadalupe Center, Inc., and provide for the waiver to pay the up-front 50 percent of the estimated transportation impact fees as 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 of that item is at Commissioner Henning's request. Third item is to move item 16K2 to 12B, and that's a recommendation that the Board of County Commissioners authorize the County Attorney's Office to make a business damage offer to settle a claim for business damages by Wal-Mart Stores, Inc., Sam's Club, associated with the acquisition of parcels 135, 735A, and 735B, in the lawsuit styled Collier County versus Wal-Mart Stores, Inc., et aI, case number 04-3632-CA. That's Immokalee -- and that has to do with the Immokalee Road proj ect, and that move was at Commissioner Coletta's request. The next item is a note -- and the following items are notes: Item 16 -- excuse me -- 17C and 17D require that all participants be sworn in and ex parte disclosure be provided by commission members. There's a series of time certain items this morning. The first time certain item is item 9B to be heard at 10:30 a.m., and that's a discussion regarding the Pelican Bay annexation report, Page 3 January 25, 2005 and that item was at Commissioner Henning's request, but I received a memo from Commissioner Henning this morning asking that item 9B be continued until the next meeting because there are differing legal opinions upon effluent that he would like to study before he has a full discussion on that particular item. So item 9B in this particular case will not be a time certain. It will be continued if that's the board's desire. The next item is item 10D to be heard at 11 a.m., and that's a recommendation for the approval of the second Conservation Collier active acquisition list and direction for staff to actively pursue projects recommended within the A category, and Mr. Schmitt will present on that particular item. The next item is item -- and the last item is item 12A to be heard at 11 :30 a.m., and that's a recommendation that pursuant to ordinance number 2001-55, sometimes referred to as the advisory board ordinance, the Board of County Commissioners adopt resolution number 2005 -- and we'll assign a number after you adopt it -- establishing the Caribbean Gardens Task Force Committee and discuss -- and discuss any continuing role of the staff in connection with the volunteer Blue Ribbon Committee. That's all I have, Mr. Chairman. CHAIRMAN COYLE: Okay. Mr. Mudd, I understand we have a speaker for one of the consent agenda items. I would like to have that speaker come up and address 16C3 before the commissioners begin to approve the consent agenda. MS. FILSON: Doug Purvis. MR. PURVIS: My name is Doug Purvis, I represent R&D Soil Builders. I appreciate the opportunity to address, Mr. Chairman. Looking on the Internet last night, looking through the agenda, I noticed under public utilities item 3, 16C3, recommendation to rescind award of bid number 02-3382 to R&D Soil Builders, Incorporated, project 73127 appeared. It's the first time I've saw or heard anything Page 4 January 25, 2005 about that. And I just wanted to come and speak to you guys and let you know that R&D Soil Builders is a company that's operating in eastern Collier County, for about five years, running -- we're operating a composting operation, composting horticultural, yard waste, and we're using class AA biosolids from the City of Naples. We're employing about seven people. There's about 10 people employed directly in relationship to us through subcontractors. We submitted a proposal to Collier County through the RFP process, and on March 11th, I think in 2003, the board approved -- we were selected out of three groups, and the board approved the staff to go into negotiations with us for processing the biosolids generated within Collier County. And I just wanted to address the board and let you guys know that since that time, R&D's feelings is there's been no fair negotiations whatsoever to try to make that proj ect succeed. There's -- there was items that changed since the approval on our part due to regulations through the DEP, plus the county actually pulled items that they had in the proposal away from us, and then they made us resubmit a new price under the new conditions. And basically we've heard nothing, and I just happened to cross this on the Internet on the agenda last night, and I just wanted to address to you guys that we felt like, that there was no fair negotiation ever, ever took place on this issue. CHAIRMAN COYLE: County Manager, can you have staff get together with this gentleman and talk with him about this process? It is strange that nobody informed them formally of this particular action in advance. MR. MUDD: Commissioner, I can. If you'd like to, we can continue this item until next meeting, then they can have that negotiation -- CHAIRMAN COYLE: Okay. Page 5 January 25, 2005 MR. MUDD: -- instead of having this -- CHAIRMAN COYLE: Would that meet with the approval of the board? COMMISSIONER HALAS: Yes. COMMISSIONER COLETTA: I'm sorry. We're just going to have them talk to him and still pass the consent agenda? CHAIRMAN COYLE: No. We're going to continue this -- COMMISSIONER HALAS: Pull it. CHAIRMAN COYLE: -- particular item. COMMISSIONER COLETTA: Fine, that's great. CHAIRMAN COYLE: Is that okay? All right. Do you need a formal vote on that or is that -- MR. MUDD: If that's the board's desire -- CHAIRMAN COYLE: Then I've just made a motion that we pull this. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: And we have a second from Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: And opposed -- MR. MUDD: Just for clarification, that's continuance until the next meeting, correct? CHAIRMAN COYLE: That's correct, yes. And all opposed, like sign? (No response.) CHAIRMAN COYLE: It carries unanimously. Thank you very much. We will take a look at it. Page 6 January 25, 2005 MR. PURVIS: Thank you. CHAIRMAN COYLE: Thank you. I also have another clarifying question for you, Mr. Mudd. Under the summary agenda, we're talking about swearing in participants. Are we going to have participants under the summary agenda? MR. MUDD: No, sir, not unless you -- and if you had a speaker today that wanted to talk about that particular item, we would. CHAIRMAN COYLE: Okay. MS. FILSON: Actually I put that on there for you, Commissioner, in case it was pulled off so you'd know. CHAIRMAN COYLE: I understand. All right. But it was also on the agenda changes, but -- MS. FILSON: In case it was pulled off. CHAIRMAN COYLE: It caused some confusion. Okay. Then we will ask for the commissioners, if they have any additional changes to the agenda, and I would like to get any ex parte disclosure for the summary agenda. We'll start with Commissioner Halas. COMMISSIONER HALAS: Good morning, everybody. I have no changes to the agendas of today, and the only item on the summary agenda that I have disclosures to make is item 17D, and I have all the necessary paperwork here if somebody wants to look at it. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I have nothing additional that I wish to pull from the summary -- from the consent agenda. And on the summary agenda there, item 17D, I do -- I have had some meetings, and the results of those meetings, the dates of it and everything are in my file which is available to anyone who wishes to see it. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I have no ex parte Page 7 January 25, 2005 communication on today's summary agenda or no further changes. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I have no changes, and I do have ex parte on 17D. I have it all in this file folder. I've had some meetings on this particular item, and everybody can see it. It will be filed for public viewing. CHAIRMAN COYLE: And I have ex parte disclosures for 17D also. I have had meetings with the petitioner's agent, and all of the information is contained in the ex parte folder. I have one question or comment, Mr. Mudd, concerning 17C. The executive summary referenced a letter of approval from the DCA, the Department of Community Affairs. I wanted to assure that the executive summary properly reflected the provisions of that approval which specifically states, shoreline alteration is no longer being pursued. I did not get that impression from the executive summary, but if that stipulation can be made in that particular item, then it would satisfy my concern. MR. MUDD: Yes, sir. CHAIRMAN COYLE: Okay. And with that, I will entertain motions to approve the regular, consent, and summary agenda as amended. COMMISSIONER FIALA: Motion to approve. CHAIRMAN COYLE: A motion from Commissioner Fiala. Is there a second? COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Second from Commissioner Halas. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. Page 8 January 25, 2005 CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Next, I believe we have service awards. Page 9 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Januarv 25. 2005 Item 16A5: The Fiscal Impact section, under Broadband Infrastructure, the fourth sentence should read: "Additionally, the participating company must pay their annual tangible (rather than annual ad valorem property) taxes to the County, in full, prior to a request for payment." (Staff request.) Move Item 16A6 to 10F: Recommendation to approve the application for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program by Guadalupe Center, Inc., 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 16K2 to 12B: Recommendation that the Board of County Commissioners authorize the County Attorney's Office to make a business damage offer to settle a claim for business damages by Wal-Mart Stores, Inc., d/b/a! Sam's Club associated with the acquisition of Parcels 135, 735A and 735B in the lawsuit styled Collier County v. Wal-Mart Stores, Inc., et aI., Case No. 04-3632- CA (Immokalee Road Project #66042). (Commissioner Coletta request.) NOTE: Items 17C and 170 requires that all participants be sworn in and Ex Parte disclosure be provided by Commission members. Time Certain Items: Item 9B to be heard at 10:30 a.m.: Discussion regarding the Pelican Bay Annexation report. (Commissioner Henning.) Item 100 to be heard at 11:00 a.m.: Recommendation for the approval of the second Conservation Collier Active Acquisition List and direction for staff to actively pursue projects recommended within the A Category. (Joseph K. Schmitt, Administrator, CD&ES) Item 12A to be heard at 11 :30 a.m. Recommendation that, pursuant to Ordinance No. 2001-55 (sometimes referred to as the "Advisory Board Ordinance"), the Board of County Commissioners adopt Resolution No. 2005- _ establishing the Caribbean Gardens Task Force Committee and discuss any continuing role of the staff in connection with the volunteer Blue Ribbon Committee. January 25, 2005 Item #3 SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) MR. MUDD: Yes, sir. CHAIRMAN COYLE: Okay. We will come down front to do this. MR. MUDD: Commissioners, we have three service awards -- employee service awards to present, and they're all 20-year awards for our employees. The first awardee is Jeanine McPherson from Parks and Recreation. (Applause.) MR. MUDD: Can you get a picture, please. COMMISSIONER FIALA: Get a picture with us. COMMISSIONER HALAS: Thanks again. (Applause.) MR. MUDD: The next 20-year employee is Richard Winans from the transportation road maintenance section. (Applause.) MR. MUDD: And the next and last, but not least, is Carol Travis from the library. (Applause.) COMMISSIONER FIALA: Carol, come over here. CHAIRMAN COYLE: Get a picture with us. (Applause.) MR. MUDD: Thanks, Carol. And that concludes our service award presentations. Item #4A Page 10 January 25, 2005 PROCLAMATION TO RECOGNIZE THE IMMOKALEE HIGH SCHOOL FOOTBALL TEAM AND COACH WEBER FOR BECOMING THE CLASS 2A STATE FOOTBALL CHAMPIONS- AI20TIED MR. MUDD: Mr. Chairman, that brings us to proclamations. CHAIRMAN COYLE: Okay, thank you. Are you going to announce the proclamations yourself? MR. MUDD: Sir, I can do that if you'd like. CHAIRMAN COYLE: Okay. MR. MUDD: The first proclamation is a proclamation to recognize the Immokalee High School football team and Coach Weber for becoming the Class 2A state football champions, to be accepted by the football team -- (Applause.) MR. MUDD: -- to be accepted by the football team coach, John Weber and principal, Armondo Touron, and Linda Ayer. If you'd please come up to the podium, please. COMMISSIONER FIALA: Can we have them all come up -- COMMISSIONER COLETTA: Oh, please-- COMMISSIONER FIALA: -- so we can see them. COMMISSIONER COLETTA: -- everyone come on up. And I'm going to -- I'm going to ask the -- the residents of Immokalee came. I see Fred Thomas in the crowd, and I think there's some others ones, too. I want you to come up front, too, because we're so proud of this team and what they've done. If I asked all the supporters of the team to come up, there would be no audience to watch it. MS. A YER: These are our senior members. COMMISSIONER COLETTA: Oh. Thank you so much for coming out today. It's an honor and a privilege to be -- to have you here today. COMMISSIONER FIALA: I bet you guys are thrilled, huh? Page 11 January 25, 2005 CHAIRMAN COYLE: The juniors will be here next year, right? COMMISSIONER COLETTA: Okay, gentlemen, gather around. Whereas, the Indians, Immokalee High School football team, a District 6, Class 2A team, won their first state championship game against Madison County; and, Whereas, the Immokalee Indians started the season 1-2, and then proceeded to reel off 10 straight wins to finish the year 11-2; and, Whereas, the Immokalee Indians shut out their opponents in three consecutive playoff games, the region 3 semifinal, the region 3 championship, and the Class 2A state semifinal; and, Whereas, the dedicated and loyal fans of the Immokalee Indians never lost faith, even when their team was trailing by one point late in the fourth quarter of the state championship game; and, Whereas, the Immokalee Indians proudly accepted the role of underdog throughout their championship season; and, Whereas, the Immokalee Indians ultimately defeated Madison County 17-15 to win the school's first football championship since the program started in 1951; and, Whereas, the Immokalee Indians were guided to the championship by the well-respected and inspirational head coach, John Weber, along with the leadership provided by 13 seniors. And, therefore, be it proclaimed by the Board of Collier County Commissioners, Collier County, Florida, that January 25th, 2005, be designated as Immokalee High Indian Day. Done and ordered this, the 25th day of January, Fred Coyle, Chairman. And I make a motion, sir, with the -- to approve this. COMMISSIONER HALAS: Second it. CHAIRMAN COYLE: Second by Commissioner Halas. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. Page 12 January 25, 2005 COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It is unanimous. (Applause.) MR. THOMAS: Mr. Chairman, while they're doing that picture -- Mr. Chairman, Fred Thomas. Anybody who saw the game or heard this game know that in the final minutes of that game, Coach Weber did an outstanding job of coaching, an outstanding job of coaching. He needs to be given a hand. (Applause.) COMMISSIONER COLETTA: Coach Weber, would you like to say a couple words, please? Thank you, Mr. Thomas, for the comments. MR. WEBER: Thank you. On behalf of the community, the high school, and the Immokalee High School football team, we sincerely appreciate your efforts for what we have done, and we hope that we have made the county extremely proud, and we certainly appreciate all the efforts of which you have went through. Thank you very much. COMMISSIONER FIALA: You sure have made us extremely proud. (Applause.) Item #4 B PROCLAMATION TO RECOGNIZE JANUARY 23-29,2005 AS EMERGENCY PLANNING AND COMMUNITY RIGHT-TO- ~OWACT-Amn MR. MUDD: Mr. Chairman, the next proclamation is proclamation 4B, and that's a proclamation to recognize January 23rd Page 13 January 25, 2005 to 29th, 2005, as Emergency Planning and Community Right- To-Know Act to be accepted by Rick Zyvoloski, emergency management coordinator for Collier County. COMMISSIONER HALAS: Good morning, Rick. MR. ZYVOLOSKI: Good morning. COMMISSIONER HALAS: Stand right up here, sir. Proclamation: Whereas, the safe use of hazardous material is essential to business, industry, and local government to maintain economic stability and to protect the citizens of the ninth planning district of Florida; and, Whereas, it is essential to plan and prepare for the accidental release of hazardous materials and to protect the well-being of all citizens and visitors in the district; and, Whereas, response teams such as fire, police, and emergency medical services must know the type of hazardous materials and chemicals that are being used and stored in the event of an incident to respond safely; and, Whereas, all citizens have a right to know the types of hazardous material and chemicals in their communities and the right to know the proper procedures to take in case of an accident or an emergency. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, recognize the importance of community awareness of the Emergency Planning and Community Right-to-Know Act enacted by the United States of America, and hereby declared the week of January 23rd through the 29th, 2005, as Emergency Planning and Community Right-to-Know Awareness Week in Southwest Florida. Done and ordered this 25th day of -- January 25th, 2005, Collier County Board of Commissioners, Collier County, Florida, Fred W. Coyle, Chair, and I move for approval. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: All in favor, please signify by saying Page 14 January 25, 2005 aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It is unanimous. Thank you very much. (Applause.) MR. MUDD: Rick, say a couple words. Go ahead, it's your opportunity . MR. ZYVOLOSKI: Rick Zyvoloski. Thank you very much for this proclamation. Community right-to-know is an important aspect prompted by the federal government because the community does need to know what the hazards are in the area, and this is an effort to make the community aware and let them know that they do have that right. Thank you. (Applause.) CHAIRMAN COYLE: Thank you very much. Item #4C PROCLAMATION TO RECOGNIZE JANUARY 25,2005 THROUGH JANUARY 17,2006 AS A YEAR OF CELEBRATION OF THE LIFE AND VISION OF AMERICAN STATESMAN MR. MUDD: Mr. Chairman, the next proclamation is proclamation 4C. It's a proclamation to recognize January 25th, 2005, through January 17th, 2006, as the year of celebration of the life and vision of American statesman Benjamin Franklin to be accepted by Ms. -- Mr. Ardyn Long, president of the Friends of the Library. And I think Ben is here. Page 15 January 25, 2005 (Applause.) CHAIRMAN COYLE: Commissioner Fiala is always kidding me about my advanced age. I actually knew Benjamin Franklin quite well. And I must say he was wearing the same outfit the last time I saw him. COMMISSIONER HALAS: There is a similar -- the hair color looks very close. CHAIRMAN COYLE: Whereas, January the 17th, 2005, marks the 299th birthday of one of America's most noteworthy Founding Fathers, author, inventor, printer, philosopher, musician, statesman, and diplomat, Benjamin Franklin; and, Whereas, Benjamin Franklin is credited with establishing the first free-lending library in the United States; and, Whereas, the public library provides a haven for the free exchange of ideas and is the cornerstone of the American way of life; and, Whereas, the Friends of the Library of Collier County, Incorporated, is committed to supporting our public library system and our community; and, Whereas, during the past seven years, the Friends organizations has donated in excess of $500,000 to the Collier County Public Library System; and, Whereas, this money is distributed to all library locations for many purposes, including a new circulation desk at the Immokalee branch, patio furniture for the Marco Island library reading patio, the underwriting of the classic foreign, documentary, and themed film programs, and many other special programs and services offered at all Collier County Public Library branches; and, Whereas, the Friends organization is committed to a membership drive that focuses on honoring Benjamin Franklin's vision by supporting library programs and services; and, Whereas, providing free access to works of literature, films,C Page 16 January 25, 2005 periodicals, and more can only serve to enhance knowledge, offer enlightenment, and thereby strengthen the community in which the importance of public libraries is recognized; and, Whereas, January the 17th, 2006, will mark Benjamin Franklin's tricentennial birth date. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that extreme gratitude and appreciation is extended to the membership of the Friends of the Library for this successful partnership between the public and private sectors of our community. It is acknowledged that an investment in our public libraries is not only an investment in the future, but in our present as well. We, the Board of County Commissioners, reaffirm our commitment to a high-quality public library by proclaiming January 25th, 2005, through January 17th, 2006, as a year of celebration of the life and vision of American statesman Benjamin Franklin, and in doing so, honor the Friends of the Library for their exceptional commitment to the residents of Collier County, Florida. Done and so ordered this 25th day of January, 2005, Board of County Commissioners, Collier County, Florida, Fred Coyle, Chairman. I make a motion that this proclamation be accepted. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: It is seconded by Commissioner Halas. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It is unanimous. Thank you very much for your wonderful work. Page 1 7 January 25,2005 (Applause.) CHAIRMAN COYLE: Thanks, man. Good seeing you. You have to stay here and get your picture. COMMISSIONER COLETTA: Oh, definitely we have to have a picture of this one. COMMISSIONER FIALA: Want to do it with the hat on, too? (Applause.) COMMISSIONER FIALA: Oh, there you go. (Applause.) MR. LONG: I want to thank you on behalf of the Friends of the Library. Ben Franklin is spearheading our drive to add 777 new members this year. So if you're not a member of the Friends, we'd appreciate having you. And Ben would, at age 299, would like to share a few words with you. "BENJAMIN FRANKLIN": And most well-preserved am 1. I am most pleased to join you here today, ladies and gentlemen, commissioners, those members present who stand before the bar of jurisprudence, and, as well, those who stand before the bar of the tavern at the corner. I am most pleased to announce that today we -- it is -- we are opening our Merchant Society Library, the unto library, to public subscription. Become subscribers this day if you have not done so. Our energy and persistence will conquer all. Join the Friends and mark this fine day in giving to the common and greater increase of our brave democracy to your own library. And I thank you. (Applause.) Item #4 D PROCLAMATION TO CONGRATULATE THE RESIDENTS OF MARCO ISLAND IN RECOGNITION OF THEIR 40TH Page 18 ___,.____'_."'..~H......__.,_~____"~___~___________"__,,.,.""'^"'_',". January 25, 2005 MR. MUDD: Mr. Chairman, the next item is 4D. It's a proclamation to congratulate the residents of Marco Island in recognition of their 40th anniversary celebration, to be accepted by Ms. Terri DiSciullo, who's the council chairwoman for the City of Marco Island. COMMISSIONER FIALA: And it's my pleasure to be able to read this. Welcome, Terri. Marco Island visionaries, the MackIe brothers, Elliot, Robert, and Frank, Jr., are responsible for the modern development of Marco Island; and, Whereas, that vision included a complete range of resort and leisure living, hotels, condominiums, and homes, all set in a tropical paradise; a sun-drenched jewel on the Gulf of Mexico; and, Whereas, Marco Island, Florida's 400th city, continues its heritage with an ideal mix of restaurants, retail stores, and commercial services to support more than 5,000 single-family residential homes, 10,000 condominium units, 2,000 hotel units, and 16,000 permanent residents; and, Whereas, the people of Collier County congratulate the citizens of Marco Island for continuing the dream of the MackIe brothers for 40 years, since their grand opening on January 31st, 1965; and, Whereas, Marco Island, with its white sandy beaches along the bright blue Gulf of Mexico and its lush tropical setting deserves its 40 years of recognition as paradise. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, on behalf of the residents of Collier County, hereby proclaim its special congratulations to residents of Marco Island in recognition of their 40th anniversary celebration. Done and ordered this 25th day of January, Board of County Page 19 January 25, 2005 Commissioners, Collier County, Florida, Fred Coyle, Chairman. Chairman, I motion to approve. CHAIRMAN COYLE: Is there a second? COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: There's a second. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It passes unanimously. Thank you very much, Terri. (Applause.) COMMISSIONER HENNING: I wish the other municipalities would take your lead. COMMISSIONER FIALA: Terri, take a picture. MS. DiSCIULLO: Thank you. Terri DiSciullo. Marco Island truly is a paradise. It's been my home for 10 years, so I can't believe I've been there for a quarter of the life of Marco Island already. And on behalf of the city council, the city staff, and the residents of Marco Island, I'd like to thank you for this proclamation and also for the commission and your staffs cooperation with us. As you said, we've only been a city for seven and a half years, so we've had a lot to do there in seven and a half years, and the county has always been cooperative in helping us in any way that you can, and especially Commissioner Fiala who is a great representative for us. As a barrier island, we have some different issues and concerns on our island. And I'd like to thank you, Commissioner Fiala, for all your help for all these years. COMMISSIONER FIALA: It's been a pleasure, believe me. Page 20 January 25, 2005 MS. DiSCIULLO: Thank you. Thank you very much. (Applause.) Item #4 E PROCLAMATION TO HAVE RECOGNIZED JANUARY 16TH THROUGH JANUARY 22,2005 AS NATIONAL JAYCEE MR. MUDD: Mr. Chairman, the next item is 4E. It's a proclamation to have -- recognize January 16th through January 22nd, 2005, as the National Jaycee Recognition Week, and it's to be accepted by Ms. Rebekah Pastor, the National Jaycee's 2005 president. COMMISSIONER HENNING: Whereas, the Naples Jaycee (sic) Chamber of Commerce has been a vital part of developing young leaders in our community for over the past 40 years; Whereas, the Naples Junior Chamber of Commerce serves and continues to serve the under-privileged citizens in our community; and, Whereas, the Naples Junior Chamber of Commerce supports the enhancement of professional and business advancement; and, Whereas, the Naples Junior Chamber of Commerce promotes and fosters the individual growth and development of young persons across their community; and, Whereas, the Naples (sic) Chamber of Commerce teaches an impressive -- impresses upon individual membership a spirit of genuine Americanism and civic interest; and, Whereas, the Naples Chamber of -- Junior Chamber of Commerce provides the opportunity for personal development and achievement and a venue (sic) for participation in affairs of the community, state, and nation; and, Whereas, the Naples Junior Chamber of Commerce develops true Page 21 January 25, 2005 friendship and understanding among young persons of all nations. Now, therefore, be it proclaimed by the Board of Commissioners of Collier County, Florida, that January 16th through the 22nd, 2005, be designated as National Jaycees Recognition Week. Done in this order, the 25th of January, 2005. Mr. Chair, I make a motion to approve this proclamation. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Henning, second by Commissioner Halas (sic). All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It is unanimously approved. (Applause.) CHAIRMAN COYLE: And if you'd like to say a few words, by all means. MS. PASTOR: Good morning. Rebekah Pastor. I'm the 2005 president of the Naples Jaycees chapter. We look forward to this year. We have a lot of things that we're planning for the community this year. We look forward to the commissioners -- and your continued support with the chapter, and we do thank you for recognizing us as you do. Have a good day. (Applause.) Item #4F PROCLAMATION TO RECOGNIZE FEBRUARY 4 THROUGH MAY 1, 2005 AS MATISSE, PICASSO & FRIENDS SEASON _ ADOITED Page 22 January 25, 2005 MR. MUDD: Mr. Chairman, the next proclamation is 4F, and it's a proclamation to recognize February 4th through May 1 st, 2005, as Matisse, Picasso & Friends season. To be accepted by Ms. Jackie Lane, the creative director for the Philharmonic Center for the Arts. COMMISSIONER HALAS: I'd also like to say that we're graced this morning by Ms. Myra Janco Daniels who is the CEO of the Philharmonic, and I'd like also to have Myra come up here for the presentation. Myra, we really appreciate all the effort that you've done for this community for the many, many years. Thank you so much. The proclamation reads as follows: Whereas, the Philharmonic Center of (sic) the Arts Cultural Complex is the leading arts center in Southwest Florida, encompassing both world-class visual, performing arts, along with the arts education; and, Whereas, Naples Museum of Art and the Philharmonic Center for the Arts are dedicated to enlightening, educating, and entertaining citizens of all ages in Collier County and the surrounding area; and, Whereas, 2004-05 season is the fifth anniversary season at the Naples Museum of Art; and, Whereas, the Naples Museum of Art is one of only three museums in the United States that will present the blockbuster exhibition of Matisse, Picasso & Friends; Impression ( sic) to Surrealism; and, Whereas, the exhibition of Matisse, Picasso & Friends will feature masterworks of painting by sculpture -- such artists as Matisse, Picasso, Cezanne, Rodin, Gauguin, and Van Gogh; Whereas, most of the artwork in Matisse, Picasso & Friends has never been seen before in the State of Florida; and, Whereas, visitors and media will come to the museum -- excuse me -- come to the Naples Museum of Art from around the state and Page 23 January 25, 2005 other parts of the country to experience these masterworks. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that February 4th through May 1 st, 2005, be designated as Matisse, Picasso, Friends Season. Done and ordered this 25th day of May -- or of January 2005, Board of County Commissioners, Collier County, Florida, Fred Coyle, Chairman. And Chair, I make a motion that we approve this proclamation. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Halas, second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed? COMMISSIONER FIALA: Yeah, right. CHAIRMAN COYLE: Passes unanimously. (Applause. ) COMMISSIONER FIALA: Boy, that is really impressive. Myra, good to see you again. COMMISSIONER HALAS: Myra, thank you so much for all your dedication to this community. Thank you. MR. MUDD: Myra, can we get you for a picture with this board. Thank you. CHAIRMAN COYLE: And if you'd like to say a few words, please go to the mike. MS. DANIELS: A community -- I'm Myra Daniels, and I do everything but sweep the floors. But I am the CEO of the complex. A community without art is a community without soul. And for Page 24 January 25, 2005 five years, we have been bringing in people from all over the world to see art. This is the biggest, the biggest, show we have ever attempted. Right now we're taking the materials out of cases. We will be publicized throughout the country, and we have a wonderful staff that has worked around the clock to get this ready. And we thank you for your cooperation. I hope you'll all come. CHAIRMAN COYLE: Thank you, Myra. (Applause.) Item #5A RECOMMENDATION TO RECOGNIZE ANA FUENTES, CUSTOMER SERVICE SPECIALIST, ADMINISTRATIVE SERVICES DIVISION, AS EMPLOYEE OF THE MONTH FOR lANllARY, 2005 - RRCOGlliZEJ) MR. MUDD: Commissioner, that brings us to paragraph 5, which is presentations. And 5A is a recommendation to recognize Ana Fuentes, who's the customer service specialist, administrative services division, as the employee of the month for January 2005. And Ms. Fuentes, if you'd please come forward. (Applause.) CHAIRMAN COYLE: It's always an honor to recognize an outstanding employee. And let me tell you a little bit about Ana Fuentes and why she was recommended as the employee of the month for January 2005. Ana is a customer service specialist assigned to the information technology department business applications. She's a very quick study and is always willing to go above and beyond her assigned job functions. This was experienced when she immediately mastered our new accounting program called SAP, which was implemented here in Page 25 January 25,2005 Collier County recently, and assisted the help desk in answering customer questions during that conversion. When we automated the agenda for this huge document that we have for a packet that we must read prior to each meeting, she volunteered to assist and demonstrate the use of the scanners to all of our internal customers. In addition, Ana also exceeds her customers' expectations on a regular basis. She consistently completes her assignments prior to their due dates and with complete accuracy and thoroughness. Her customers never need to be concerned that any detail might be overlooked. She anticipates their need and meets and exceeds these needs before she is asked. Ana has taken on personal development to learn training skills and is applying these skills to help the information technology trainers. Ana also provides proofing and testing of training materials prior to publication and distribution to the user community. Ana has implemented more efficient procedures for purchasing requests, which provides a cost savings and utilizes resources more effectively. Ana has been able to expand her fiscal job duties beyond the business application section and now provides clerical fiscal support to GIS telecommunications, security, and administration sections. Ana is extremely diligent in carrying out tasks for her co-workers and does so in a timely manner, and her ability and willingness to go above and beyond the call of duty is a great asset to the information technology department and Collier County government. Ana, it's a real pleasure to present to you this award and check for selection of employee of the month. Thank you very much for your dedicated service. MS. FUENTES: Thank you. (Applause.) Page 26 January 25, 2005 COMMISSIONER FIALA: They're doing the wave now back there. Look at that. MS. FUENTES: Thank you, again. (Applause.) Item #6A PUBLIC PETITION REQUEST BY TOM MOONEY TO DISCUSS STORM WATER MANAGEMENT IN NAPLES PARK - DISCUSSED AND DIRECTED THE COUNTY ATTORNEY TO PROVIDE A WRITTEN STATEMENT REGARDING THE BCC'S POSITION MR. MUDD: Commissioner, that brings us to public petitions, and it's paragraph 6. We'll start with 6A, and it's a public petition request by Tom Mooney to discuss stormwater management in Naples Park. MR. MOONEY: Good morning, Commissioners, Tom Mooney. I live in Naples Park, 857 107th Avenue. Hopefully everyone's familiar or taken a look at the cul-de-sac in the Naples Park area behind the Heidelberg Restaurant, 711, the only lake that is in Naples Park. I've been a resident there for about six years. Probably three years ago I started looking into having the lake dredged, maintained to some degree. We've hired an aquatics company over the past five years to help maintain the lake, which has been unsuccessful. Come dry season, the water goes down to such a level in our lake that everything just grows up, so it's a fruitless effort on our behalf to continue to spend the money, those of us who live on the lake that have contributed. There are 34 homeowners. Half of us may put in money one year, six of us the next year. Again, it's a fruitless effort on our behalf Page 27 January 25,2005 to try and maintain our lake. When dry season comes, everything just grows up and it's unmanageable. We have one lot and lot owner, Jeanette Showalter, who is willing to allow us access into the lake to do dredging, maintenance. I also did a title search on the property about a year and a half ago to find out who actually owned it, when it was made, the lake. And the homeowners own the property. We own the lake. Each owns their 34th interest in the property. We've had EMS out there to rescue kids that have been out in the water that have been stuck in the mud. There is a danger there. We are asking the Collier County Commissioners to help maintain our lake somehow. I don't know how that can be done. I have been at this for three years, trying to do this myself, taken my time, met with the homeowners, met with Robert Wiley, who is stormwater engineer for the county, had met with Stan Chrzanowski on several occasions, have been in to see Commission Halas and discuss the options for the lake. I have gone out and taken prints of the lake and tried to get excavation companies to come in and excavate our lake and take the fill as payment for doing the work that they were going to do. That attempt failed when the property that we were going to use was sold or the owner didn't want to use the access to get into the lake due to the mess that it would make. Exotics around the lake, pepper hedge, so on, so forth. It's just a mess. It really is. Mosquitoes during -- you know, it's not maintained by the county in any fashion. So, again, I am here on my own to ask the commission, commissioners, what should we do? How should we do it? Can you help us dredge the lake? Can it be scraped by the -- you know, the culvert machines you have? I don't know what they're called. You use them along Immokalee Road to dredge the large rivers that are there on the embankments. Page 28 January 25,2005 Being that it's a private lake, is that asking too much from the commissioners and the county? I don't know. I mean, I've tried to do everything I can. I've exhausted my avenues to try and get the lake cleaned up on my own. I'm trying to think if I'm forgetting anything. As I had mentioned, I had spoken with Robert Wiley, who is here today, and Stan Chrzanowski, who is the lakes engineer. The things I've come up with are that there is a code for the depth of a lake in Collier County. Ours certainly doesn't meet it. You'd be happy to find five feet of water in any given pocket of water that is remaining at this time of year right now. Wildlife leaves. I mean, you can just see where everything -- the fish die because we do try and put feeders and suckers in there to clean it every year. Every year they die. CHAIRMAN COYLE: Mr. Mooney, I -- you know, the purpose of this particular hearing is for us not to really address the solutions for you but to determine if it -- if we should bring it back for consideration when the staff, perhaps, has assembled some recommendations as to how we might deal with it. I have two commissioners who would like to ask some questions or comment on your request. I would say to you that there are some complications in that it is privately owned property, and once we establish a precedent of maintaining privately owned property, it becomes a huge, huge fiscal burden for the county throughout Collier County . But nevertheless, I think Commissioner Coletta was first. COMMISSIONER COLETTA: Well-- CHAIRMAN COYLE: Are you going to yield to Commissioner Halas? COMMISSIONER COLETTA: Commissioner Halas? CHAIRMAN COYLE: Okay. MR. MOONEY: If I may, before -- you just brought up a point Page 29 January 25, 2005 that -- the lake on the graphs and charts that I've obtained from the county from Robert Wiley and Stan Chrzanowski indicate that our lake is of lowest elevation in the inter (sic) block, and all of the stormwater does go into our lake inadvertently, or however it does. So the residents who live there feel that inadvertently, whether it is privately owned, it is still being used by the county for stormwater management. CHAIRMAN COYLE: Good. Okay. Thank you. Good. COMMISSIONER HALAS: Yes. I'd just like to say that I understand where you're coming from, Mr. Mooney, but our concerns are that there was established at one time there a stormwater MSTU for the people there in Naples Park. And as the county started to address the stormwater issues, the residents in Naples Park felt that the burden was too great for them, so they, therefore, basically said that, we want to stop phase one. I believe there was two phases to this. And so I think phase one was near completion and they were going to start with phase two, which was going to be quite an undertaking. And it was my understanding that at that point in time the residents thought that the burden was too great. And so basically that stormwater issue has been laying there. And I guess before we'll get involved in anything of that nature, we have to make sure that you have the vast majority of the residents to address this issue. MR. MOONEY: Are you speaking of the vast majority of the residents of Naples Park or the vast majority of the private owners on that lake, which is 34 homeowners? COMMISSIONER HALAS: Vast majority of the residents in Naples Park, sir. CHAIRMAN COYLE: I think that's a valid observation. Because if, as you say, the lake is serving as a stormwater catchment basin for a wider area, it would seem that other people would benefit Page 30 January 25, 2005 from contributing to this solution. Commissioner Coletta, do you still want to make a comment? COMMISSIONER COLETTA: Well, Commissioner Halas covered just about everything I wanted say except for one thing, and that's the only possibility -- and I'm not familiar with the lake. Commissioner Halas is. If it was -- if there was a lot of land there that could be used for public purpose, the public could use it, then that's a whole different thing. If it was a lake that people would recreate on. CHAIRMAN COYLE: A park. COMMISSIONER COLETTA: I'd be receptive to it then, you know. If you could have fishing in the lake with maybe some other amenities. I'm not too sure. MR. MUDD: Commissioner, if you'd take a look at your-- COMMISSIONER HALAS: There's the picture -- go to your visual there. MR. MUDD: Look at your teleprompter. COMMISSIONER COLETTA: Oh, that wouldn't work. That's definitely out. I can just see them driving those motorboats down there pulling the skiers, making the sharp turns. No, just kidding, of course, on that. But if there was room for a passive recreation, but there's no room. I mean, it's completely hemmed in. MR. MOONEY: We have one available lot for access to the lake at this tim~. COMMISSIONER COLETTA: Yeah. That wouldn't be enough to take care of the public's needs, and it would impose a burden on the people on each side of that empty lot if we were to purchase it for the amount of traffic going in and out of there using the lake. MR. MOONEY: While I'm in front of the commissioners, it's also been discussed -- because we had a meeting in the park with the homeowners that live there -- that if we're in a position to not be able Page 31 January 25, 2005 to do anything with the lake, the land is titled and deeded to the homeowners -- I had mentioned this to Commissioner Halas when I sat with him a year ago -- that our option would be to fill the lake. And at that time, Commissioner Halas didn't think that that was a very viable option for us homeowners. I also shared that with Robert Wiley and Stan Chrzanowski, and Robert Wiley didn't feel that that was a -- would be a good thing for the Naples Park to fill the lake and take the land that is there, those of us that own the property there. I mean, when we bought our homes, we knew that we owned the lake. So I'm just mentioning that, that if we cannot do something with our lake, which is what the residents want, that our option is to fill the lake, according to the deeded plat in the information that I have from title search. Whether or not the county has any bearing on that, I don't know. But I know that we do want a lake. I've had a meeting with the homeowners, and we've discussed this. That would be our first option, that we would want a lake. COMMISSIONER COYLE: I'm sorry, go ahead. COMMISSIONER HALAS: I would think one of your options that's open to you is to address the different homeowner associations in Naples Park and see if you can get a buy-in by all the stakeholders in regards to reestablishing this stormwater MSTU, and then I think there probably could be something that could be done in regards to -- because this is basically a holding pond or a containment pond. So I think what you need to do is find out if you're going to get the majority of support from all of the homeowner groups or all the particular parties of interest, the stakeholders there, to bring it forth later on. CHAIRMAN COYLE: Okay. Thank you very much. I don't hear a motion to bring this back for a formal hearing, however, would the connnissioners have any obj ection if we ask the county attorney to Page 32 January 25, 2005 provide a written position on our involvement with private property and what the options might be? Can you do that, David, at some -- at some future date that's not too far in the future? MR. WEIGEL: I'd be very happy to. And I look forward to meeting with Mr. Mooney in that regard. CHAIRMAN COYLE: Okay. MR. MOONEY: Thank you, Mr. Weigel. CHAIRMAN COYLE: All right, Mr. Mooney. Good luck. MR. MOONEY: One last thing is, Janet Showalter is planning to build on the remaining lot that is on property, so it puts us under a -- CHAIRMAN COYLE: I understand. Yeah. MR. MOONEY: Okay. CHAIRMAN COYLE: We appreciate the problem you've got, and we just don't have a good clear solution for you. But I think Commissioner Halas' comes as close to anything that we can imagine. And it's -- it certainly is possible, with the support of the majority of the residents and homeowners, to deal with the stormwater issue if they're willing to contribute to the funding for that purpose, and that might solve your problem. And -- but good luck to you, and I'm sure David Weigel will be happy to meet with you and talk with you about the problem. MR. MOONEY: Thank you for your time this morning. CHAIRMAN COYLE: Thank you. Item #6B PUBLIC PETITION REQUEST BY DONALD SCHUMMER TO DISCUSS MOTION OF THE BOARD TO PURCHASE THE RIGHT-OF-WAY ALONG THE WEST SIDE OF SANTA BARBARA BOULEVARD BETWEEN GOLDEN GATE P ARKW A Y AND PINE RIDGE ROAD - PRESENTED AND ITEM Page 33 January 25, 2005 MR. MUDD: Commissioner, the next public petition is public petition 6B. It's a public petition request by Donald Schummer to discuss a motion of the board to purchase right-of-way along the west side of Santa Barbara Boulevard between Golden Gate Parkway and Pine Ridge Road. And I would -- I would ask Mr. Schummer if he would -- if he would like to wait just a little bit because we are going to discuss item IDA in the relatively near future this morning, and that's the particular item that this petition is asking about. It's up to Mr. Schummer at this particular juncture. CHAIRMAN COYLE: Is Mr. Schummer here? MR. SCHUMMER: Yes, sir. CHAIRMAN COYLE: Mr. Schummer, would you be willing to wait until we get this item on the agenda? It would be -- MR. SCHUMMER: No, sir, I would not. I would like to be able to present my 10 minutes at this time so it's not repetitive this afternoon, or whenever that item comes in. CHAIRMAN COYLE: It's going to be repetitive no matter what we say, but okay. MR. SCHUMMER: I'd just soon speak as it is on the agenda. CHAIRMAN COYLE: You're asking us to do something that we've already agreed to do, Mr. Schummer. MR. SCHUMMER: Yes, sir. I'm appealing that, sir. CHAIRMAN COYLE: You don't want us to do it? MR. SCHUMMER: No, sir. I don't want you to go ahead with the proposal 1130 or the Resolution. CHAIRMAN COYLE: Mr. Schummer, this is not the right time to do that. This is a public petition to get us to take action on a particular item to bring it to the Board of County Commissioners. MR. SCHUMMER: That's what I want to do. CHAIRMAN COYLE: If you wish to talk about an item that's Page 34 January 25, 2005 already on the agenda, we'll have to entertain those comments that are on the agenda. And this item is on the agenda, and we'll be talking about it in just a few moments. You'll have an ample opportunity to talk at that point in time. MR. SCHUMMER: I'd as soon go along with the agenda, because that's what I'm trying to do is to get you to do something. COMMISSIONER HENNING: I think it's the -- MR. SCHUMMER: That's why I had to sign in 13 days ahead of time to get on the agenda so I could do my petition. COMMISSIONER HENNING: I think we have always afforded the opportunity for people to petition their elected officials. Even though I do agree with your comments, Commissioner Coyle, it's an item that is on the agenda or an item within our agenda, and I think we ought to give the public the opportunity to -- CHAIRMAN COYLE: I'm not going to deny -- I'm not going to deny the gentleman a chance to speak, but I just want you to know that there's nothing we can do about your petition because it's already on the agenda, so it's not going to be taken off and it's -- there's nothing to be put on because it's already there. But you can speak if you like, but we just can't take any action based upon that. MR. SCHUMMER: I'm well aware of that, sir. CHAIRMAN COYLE: Okay. And-- MR. SCHUMMER: That's the way all petitions are handled. You don't take action at that time. That's what I would like to do. CHAIRMAN COYLE: Well, okay. It's the wrong place, but I'll give you the chance to talk. Are you also going to speak at the time when we're having this item up for consideration? MS. FILSON: Yes, he's registered to speak. MR. SCHUMMER: I don't want to be repetitive. If somebody else is going to cover the same thing I'm going to cover, then I wouldn't be necessary. Page 35 January 25, 2005 CHAIRMAN COYLE: Okay. Let's go ahead with it. MR. SCHUMMER: Thank you. My name is Donald Schummer, and I would like to thank you for the privilege of being able to speak to the commissioners today. I would also like to thank Ms. Brock of the county attorney (sic), Mr. Mudd's office for being very helpful in getting me to -- getting on here today. I live on Santa Barbara Boulevard on the west side near Coronado Boulevard. I purchased my home and lived there since 1982. At that time it was a very short road, probably less than two miles. It dead-ended at the canal of Green, and it dead-ended at the canal north of the -- south of the parkway. The bridge was not there, the overpass was not there. It did connect to Logan Boulevard. It is true I belong to two associations. I belong to the Estates association, civic association, I belong to the Santa Barbara/Logan Association. I'm here this morning as a U.S. citizen of Collier County to speak about how our tax dollars are spent or wasted, and I feel that this is a waste of taxpayers' money. I'm a much better letter writer than I am a speaker, and I hope you'll bear with me on that. Everyone knows that when you talked about six-lane footprint a couple years ago, that as soon as the combination was -- order was given, that that would go to a full six lanes, and that's exactly -- that is exactly what happened. I would also like to say that my information here this morning means nothing personal about any commissioner or any department. It's -- I'm trying to protect my land and I'm trying to save the taxpayers money and put it where urgent roads should be put. Led by Commissioner Coletta, who had close ties with Swifty (phonetic) and the Collier company, you went back on your promise that you made several years ago in going ahead with six lanes. The resolutions that I am requesting to be repealed is number Page 36 January 25, 2005 2004-369, and that was passed by four members of the county commission on 11/30, and that is pertaining to the six-laning of the Parkway -- I mean the boulevard between the Parkway and Pine Ridge Road. All my information this morning is going to revolve around accountability and credibility of the information that you, as commissioners, has received, and I'd like to say that I don't -- I believe you made the decision, and I don't blame you for that decision. I blame the information that you obtained to make that decision. I liken -- I like to compare this briefly with President Bush when he went to war with Iraq. He got very faulty intelligent information. That's what you people got before you made this decision. But unlike the President, he could not turn back. You will have the opportunity to correct something that was very wrong. The model was wrong. There's no question that the model was wrong in regards to the traffic on Santa Barbara Boulevard. I have some numbers. They're on the screen. They're very small. But the prediction was, by 2005, there would be 45,600 vehicles or trips on Santa Barbara Boulevard. In 1999 when the count started, there were 24,918. The traffic peaked in 2002 to 28,692. When Livingston Road became involved with this in the third quarter of 2004, this is the height of transportation department's figures, the trips on Santa Barbara Boulevard were 23,429. That's about 22,000 less than what they had predicted at 45,600. I would like to know of any other road in the county that has seen a decrease in traffic in the last five (sic) years. The traffic on that road will drop considerably when the interchange is completed at 75 yet you have people from transportation department say the traffic will increase. If you have an interchange at the Parkway and you have an interchange at Pine Wood -- Pine Ridge Road, why would anybody travel Santa Barbara Page 37 January 25, 2005 Boulevard to a residential district? It's -- I could not figure that one out. Again I say, you're going to get a lot of figures and a lot of information from the transportation department as to why this should go forward. All I'm asking you, is to look at the bottom line at those figures. The model was wrong. There's no necessity there for six lanes. Should be no six lane. I think Commissioner Henning, our commissioner from our district, can attest to you what happened within the last two weeks on Santa Barbara Boulevard at the Parkway. They finally put in a second right-hand turn lane to go west into the city or to various other places. That has been tremendous for that road. It was a bottleneck because people could not turn. That's the main problem. There's no problem with Santa Barbara Boulevard when it was just a small (sic) road than it is right now. The crossroads are the problem. When they put in the widening (sic) the roads -- and I've been there since -- seen them do Davis Boulevard, Parkway a couple times, Pine Ridge Road, they never put enough turn lanes in. And the turn lanes that they put in are too short and it backs up traffic -- through traffic backs up people trying to make a left-hand turn. And I would just like to make a few more comments on credibility from the transportation department. Again, I mean no animosity . Mr. Calvin Jones worked for the transportation department years ago. He brokered a multi-million dollar deal with WilsonMiller. As soon as that was taken -- that went through, he's no longer with the county. He's with WilsonMiller. You have a Mr. Greg Strakaluse, or however you -- maybe I'm pronouncing his name wrong -- Mr. Feder's right-hand man. Very-- he spoke to you at very many meetings always saying that he was right, he was correct, and the public was wrong. Where is Mr. Page 38 January 25, 2005 Strakaluse today? He's no longer with the transportation department. Was he prosecuted? I don't know. You have Mr. Gordon Douglas who was with the transportation department and land acquisition. He -- just so happened he wasn't doing his job correctly, but it just happened to coincide when he filed to run for commissioner. I'm not saying -- I'm not inferring anything there, but it's coincidental that it happened at the same time. That's -- in regards to credibility and reliability on what information you're getting, just last -- last month federal highway department said there was money available for 82 and 29, regularly at 55 -- the Collier would get a 57 -- 75 percent slice of that money. Last year it was only 50 percent. That was to improve 29 and 82. Mr. Coletta says there's no money budgeted for that purpose. I believe that. I know that. But where was our planning commission? What were they planning? The terrible traffic problem in Golden Gate, especially District 5, did not occur overnight. It's been there for years. Why wasn't that in the planning? What a wonderful way to get people off 75 between Naples and Fort Myers that are coming down 82 to 29, bypass the City of Naples, get rid of the terrific acc -- or the bad accident they had on 75 a week or two ago where four or five people lost their life. That's a great opportunity to use that right-of-way. Again, I don't want to be against -- personal. Mr. Coletta, Commissioner Coletta, since he made that infamous decision and motion -- and I would like to say everybody knows it here, that Mr. Feder made that motion, and that was not correct. So Mr. Coletta says, that's my words exactly, and so that went into the motion. But like I say, it was made by Mr. Feder, but he had -- Commissioner Coletta used the terms, political correctness, politically fueled, politically restrained, and three or four times since that meeting. I think we all know where the politics come in in that decision. Page 39 January 25, 2005 On 2/16 of '04, Mr. Coletta, again, advised, the money's no problem. It's the lack of money that's the problem. He went on to say, you have to be up front with the public. Are we up front? I don't know. He also stated that the new university would have no effect on Immokalee Road and wouldn't be any effect in the area for four or five years. That's kind of thinking that -- why we have the bottleneck in the Everglades in the Estates today. CHAIRMAN COYLE: Thank you very much, Mr. Schummer. MR. SCHUMMER: I thank you very much, and I just want to say it's time for the county departments, the county manager's office, and some commissioners to bite the bullet, say they were wrong, and move on from there and take a look at those figures again. CHAIRMAN COYLE: Thank you. MR. SCHUMMER: It's no necessity. Thank you. (Applause.) Item #6C PUBLIC PETITION REQUEST BY NANCY LANGE TO DISCUSS THE REFUND OF IMPACT FEES CHARGED IN ERROR- COUNTY ATTORNEY AND IMPACT FEE DIVISION TO CHAIRMAN COYLE: Do we have another public petition? MR. MUDD: Commissioner, yes. That's public petition 6C, and that's a public petition request by Nancy Lange to discuss a refund of an impact fee that was charged in error. MS. LANGE: Good morning, Commissioners, residents, and visitors of Collier County. Thank you for allowing me to present our petition today. I also speak for my husband, Carl, who felt it would be better if I did the talking since he has a medical condition that is Page 40 January 25, 2005 exacerbated by stress. I'll do my best to explain our case. We feel we have suffered an injustice at the hands of Collier County. To quote Dr. Martin Luther King, Jr., injustice anywhere is a threat to justice everywhere. We truly believe in America's government system -- my husband defended that right in W orld War II -- and hope that this Board of Commissioners will rectify what has occurred. As you have read in my statement, we purchased lot number 133 in the Imperial Wilderness Condo Association in February of 1997, and in January of '98, we bought a park model and placed it on this lot and were billed and paid the impact fees to Collier County. This was to be our winter home, but health issues arose and we became permanent residents of Naples in 2000 and had to have larger accommodations, and sold this home in 2002. It was not until last year, 2004, that we learned that the impact fees paid in 1998 were in error and that the county had overcharged us by $2,728.88. Interestingly, if we had invested this money at even a rate of 5 percent, over $800 of interest would have accrued to this date. We never really learned how or why this error occurred, but to err is human, and we were certain Collier County would correct their error. We visited the office of Paula Fleishman in late spring of 2004, and she told us the amount we had overpaid. She said that, perhaps, this $2,728.88 would go to the new owners of the home, but she would get back to us. Our question was, if there had been a mistake made where less money was paid than was required, would the new owners be responsible to pay the difference? Yet she was saying there was a possibility that they might be eligible to receive the overcharged amount. We felt this does not make sense and also sounded illegal. In early August of 2004, she left a message on our answering Page 41 January 25, 2005 machine that the county attorney -- and I was not privy to the name of that county attorney -- said the money would go to us, the original owners, the ones who were the victims of the error. Although it was not done deliberately, it does not alter the fact that we paid the money to Collier County and we were the rightful recipients of the overpayment made by them erroneously. I happened to record Ms. Fleishman's telephone message -- she left it on our answering machine -- so that my husband could listen to it and hear it verbatim. I never thought I would ever need to make a copy to present to this board. At some point in the fall of 2004, and I'm -- with the four hurricanes, my vacation, and Ms. Fleishman's, I'm not exactly certain when in the fall this occurred -- we were told that all was in order, and Ms. Fleishman would be presenting the proposal for reimbursement to those who had been overcharged to this board, on November 30th, 2004, which I now believe is called the consent agenda. I think that's what she was on, but I may stand corrected with that. We attended this meeting on November 30th, 2004, did not hear -- did not know to look -- get on your website and pick up what that consent agenda was, and spoke to Ms. Fleishman, and we also spoke to the manager of Imperial Wilderness, Richard Aldacosta, and Jack Skolai (phonetic), a member of Imperial Wilderness board of directors, who were present at that meeting, too, and were assured that all went as planned, and left the building. Noone ever let us know that what was presented at this November 30th, 2004, meeting was apparently different than what we had been told, that the money would be returned to us who had paid it. In fact, had I not called Ms. Fleishman's office to determine the status of our check on January 12th, 2005, I would not have heard that the proposal she presented on 11/30/04 had been supposedly altered. When I began this statement, I made reference to our belief in the honorableness of government. Also my faith teaches the Golden Rule, Page 42 January 25, 2005 that we did unto others as we would have them do unto us. The Collier County Mission Statement reads, and I quote, to deliver to our residents and visitors local government and services that exceed expectations. We are here today, my husband and I, in anticipation that we can rely on the integrity of the Collier County Board of Commissioners to return the money to us, the rightful owners. Thank you. CHAIRMAN COYLE: Are there any comments or questions by the commissioners? COMMISSIONER FIALA: Yeah. I just had one question. Was the money given to the people that live there now? MS. LANGE: No. I don't believe at this point, and I will not-- I'm not going to stand on record, because I really don't know this. But to my knowledge, the house has just turned hands again, you know. It's just been resold, and no one even knew that that -- this is available. I don't know how many people were overcharged in Imperial Wilderness. I don't know how far back the error occurred. And my feeling is, the impact fee that I paid, my husband and I paid in '98, has absolutely nothing to do with the -- what we sold the home for. In fact, the home has been sold for at least $15,000 more just the end -- December of 2004 because the market will bear that at this point, as will all of our homes here. Any other -- CHAIRMAN COYLE: As I understand the problem, Mrs. Lange, the -- it's not a fairness issue so much as it is a legal issue. You no longer own the property. And according to the law, the impact fee issues go with the title of the property, but I'll let the county attorney deal with that. And this is not the time for us to resolve the problem. It is merely a time to decide if we're going to bring it back. MS. LANGE: I am aware of that. Page 43 January 25, 2005 CHAIRMAN COYLE: Okay. And Commissioner Halas? COMMISSIONER HALAS: I think you pretty much -- I was going to ask the county attorney, since in her letter she stated that she was assured by the county attorney that the overcharge would be given to the original owner who paid for it, can anybody enlighten me on what transpired from the time that -- unless this is hearsay and not a true fact about the county attorney saying they would return the money. MS. LANGE: You were presented with a tape of Ms. Fleishman's message where she says that on my tape, on my telephone answering machine. COMMISSIONER HALAS: I didn't have access to the tape. MS. LANGE: I submitted the tape to the board when I petitioned it, when I asked to be -- COMMISSIONER HALAS: Well, maybe the county attorney can enlighten us here. MR. WEIGEL: Yes, Mr. Halas, I'll do my best. It's my understanding that a question was made to the county attorney office early on, and -- but not in -- with the degree of formality. In fact, it came later as an absolute request for legal services prior to the November 30th item. Although there's a logic for the return of money to the payor, our code, in fact, our ordinance, I should say, relating to impact fees, specifically states what is the common law generally, and that is that the impact fees do, in fact, run with the land so that the best I can say right- now is, is that the informal response from the county attorney that was relayed through Ms. Fleishman to the Lange household was incorrect but potentially based upon less than all of the facts at that point in time. That's the best of my knowledge to tell you unless someone else from development services or an assistant county attorney here can chime in. Page 44 January 25, 2005 One of the problems we run into here is whether there's an overpayment or an underpayment, it's the property itself that -- that creates the burden, therefore, the impact fee. And to the extent that there are changes of ownership, it is very possible, in fact, that if there had been an inappropriate payment made and the time had not run for statute of limitations, things of that nature, that the property itself would be the -- and the current ownership of the property would be who would be assessed for additions, and in like manner, is subject to a reversion of an overpayment. Now, once again, we know that impact fee that's paid, just as other fees that are paid at the time of construction, development of property, add a value to the property because it removes an obligation that the property and property owner, at whatever point in time would otherwise have. So, technically, and conceivably the county attorney can assist the Langes with the ownership that has occurred since that time to see if, in fact, the fairness application can come into play, and notwithstanding the legal -- what I would call a legal bar for us to provide the refund to the Langes at the present time. The current ownership, how many times it has changed or flipped since the sale of the property by the Langes, are the ones that suffer both the benefits and! or the detriments of how the property was conveyed to them. And typically whether express or tacit, that is, not expressly stated in a sales contract, the sales contract, you know, takes into consideration the obligations of the property that may already be ongoing or not, and one might expect that the purchase price that was received at the sale of property was based upon everything being okay. Unfortunately, it was not. I wouldn't -- CHAIRMAN COYLE: Commissioner Halas. I'm sorry. MR. WEIGEL: I would say, I would suggest that to the extent that we can assist the Langes with the subsequent purchasers andn Page 45 January 25, 2005 things of that nature, that we might be able to be part of the solution inasmuch as it was an administrative error that created the problem in the first place. COMMISSIONER FIALA: David, that's what I was just going to say. I was going to ask that you and our impact fee people, and whomever from that department, meet with Mrs. Lange, come to a fair and equitable decision. But then I personally -- and I'm sure other commissioners as well, would like to know the outcome, because we want to make sure that we hear how this was dealt with, please. MR. WEIGEL: Yes. CHAIRMAN COYLE: And we, of course, have to make sure it's done in accordance with our law. MR. WEIGEL: Absolutely. CHAIRMAN COYLE: It is a legal issue, nothing more than a legal issue. And are there any other comments from the commissioners? (N 0 response.) CHAIRMAN COYLE: No comments. Thank you very much. MS. LANGE: Thank you very much. CHAIRMAN COYLE: Let's take a five-minute break. Is that sufficient for you? Okay. (A brief recess was had.) MR. MUDD: Commissioner, you have a hot mike. Ladies and gentlemen, please take your seats. The next item -- and just for everybody's information, if they hadn't already read the agenda, paragraph 7 and 8, the Board of Zoning Appeals and advertised public hearings that have to do with land -- with zoning and -- or planned unit developments, or whatnot, on the agenda will be heard after lunch at one o'clock, and that's what it says on that agenda. Item #9A Page 46 January 25,2005 RESOLUTION 2005-81: APPOINTING ANTHONY P. PIRES, JR. It brings us to item 9 A, which is appointment of members to the Land Acquisition Advisory Committee. COMMISSIONER HALAS: I make a motion that we approve the committee's recommendation, and that is Tony Pires. CHAIRMAN COYLE: Is there -- is there a second? COMMISSIONER COLETTA: I'm sorry? I'd just like to hear a little bit more before I second it. I don't have a problem with it. COMMISSIONER HALAS: This is the appointment -- COMMISSIONER COLETTA: Oh, I'm sorry. I do second it. Forgive me. You're getting ahead of me. I didn't even -- just sat and getting my book open. COMMISSIONER HALAS: 9A, and this is the Land Acquisition Advisory Committee, and we're trying to fill a vacancy there, and I nominated Tony Pires. COMMISSIONER FIALA: Second that motion. MS. FILSON: It's already seconded. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Halas, a second by Commissioner -- MS. FILSON: Commissioner Coletta. COMMISSIONER COLETTA: I did. CHAIRMAN COYLE: -- Commissioner Coletta -- COMMISSIONER COLETTA: You can give it to her. CHAIRMAN COYLE: -- and Commissioner Halas. Commissioner Coletta goes first. COMMISSIONER FIALA: I'm actually Fiala though. COMMISSIONER COLETTA: She's Fiala. CHAIRMAN COYLE: Yeah. Oh, are you? Which one is Coletta and which one is Fiala? Page 47 January 25, 2005 All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It is unanimous. Thank you very much. MR. MUDD: Commissioner, item 9B was continued until 8 February . Item #9C REQUEST TO RECONSIDER WARM SPRINGS PUD, PUDZ-A- AR-6142 NAPLES SYNDICATIONS, LLC - APPROVED WI The next item is 9C, which is a request to reconsider Warm Springs PUD, PUDZ-A-2004-AR-6142, Naples Syndication, LLC, and this came back as a request for reconsideration from Commissioner Halas. CHAIRMAN COYLE: And this is -- this is a consideration only of the reconsideration motion and -- MR. MUDD: To bring this back-- CHAIRMAN COYLE: -- not on the merits of the issue. MR. MUDD: -- on an agenda at a future time, and I would -- I would probably request that it come back on the 8th of February also. CHAIRMAN COYLE: Okay. Commissioner Halas, is there a motion? COMMISSIONER HALAS: Yes. I make a motion that we bring back the Warm Springs PUD. CHAIRMAN COYLE: I'll second it. COMMISSIONER HENNING: I'll second it. Page 48 January 25, 2005 CHAIRMAN COYLE: Motion by Commissioner Halas, second by Commissioner Henning. MS. FILSON: Commissioner, I have one speaker. CHAIRMAN COYLE: And we have a speaker. MS. FILSON: Andrew Solis. MR. SOLIS: Andrew Solis, on behalf of Naples Syndication. Just -- I only signed up in case the commissioners have any questions regarding the PUD that I could answer at this time, but -- CHAIRMAN COYLE: We're not going to debate the merits of the issue. COMMISSIONER HENNING: I have a question. Is your client going to stick to what he said on the record when this item was up? MR. SOLIS: Commissioner Henning, we are trying to address your concerns regarding affordable housing. We would like the opportunity to work through those issues at least until February 8th with you and with Commissioner Halas on density issues and see if we can't come up with something that will address all of the commissioners' concerns. CHAIRMAN COYLE: Okay. We have a motion on the board (sic) . County Attorney? MR. WEIGEL: Thank you, Mr. Chairman. I just want to make sure, if the board should vote to reconsider, which is the motion before them today, that this item, being a PUD, is an advertised item, and that if there is a need for readvertisement and bringing it back, that we stay consistent with that need. Mr. Manager, it was heard on which agenda date? MR. MUDD: The 8th -- MR. WEIGEL: Just for the record. MR. MUDD: The 8th of February. MR. WEIGEL: Well, I mean, it was last heard -- MR. MUDD: Oh, this item was heard at our last meeting, which Page 49 January 25, 2005 was the 11th of January. MR. WEIGEL: Okay. The decision at that meeting did not result in a continuation to a date certain, so by virtue of it coming back to reconsideration today -- and if the vote is successful for . reconsideration -- I would suggest, to avoid complications, to put it mildly, that the matter be advertised, be readvertised so that -- for a date certain that you determine today after your reconsideration vote, that way it removes the ability of anyone to claim that there's a failure of due process for notice to the public, things of that nature. CHAIRMAN COYLE: Okay. Can the motion still not include the February 8th as a proposed date? MR. WEIGEL: It can. CHAIRMAN COYLE: Can we advertise in -- that quickly and still meet the legal requirements? MR. WEIGEL: Well, you can't advertise that quickly, but you don't even have to make that specific part of your resolution as you noted. But if you vote to reconsider, then it can be considered on the record as a directive to staff and the petitioner that the matter will be advertised and brought back. To the extent that you can suggest a date, that assists the public, but it's not required by law at this point. CHAIRMAN COYLE: I'm confused. MR. WEIGEL: If you had a -- it takes about four weeks to get an advertisement out with a 1 7 -day lead time and a 10-day advertisement. Approximately four weeks. So if you wanted to go -- CHAIRMAN COYLE: Okay. I've got the solution. What we'll do is we'll vote only on the reconsideration with the stipulation that it meet all legal requirements for advertising, and then we'll leave the advertising and the scheduling up to the county attorney and the staff to make sure it gets -- it's done properly. MR. WEIGEL: I like that. CHAIRMAN COYLE: Okay. Commissioner Henning, you Page 50 January 25, 2005 have a question? COMMISSIONER HENNING: Can we include in the motion that it would be up to the -- the burden of the petitioner and the applicant to pay for the advertisement? COMMISSIONER HALAS: Yes. MR. WEIGEL: Sure. COMMISSIONER HALAS: I'll put that in my motion. MR. WEIGEL: You can, yes, absolutely. COMMISSIONER HENNING: That's part of my second. CHAIRMAN COYLE: Okay. We have a modified motion by Commissioner Halas and a second by Commissioner Henning to continue this -- MR. WEIGEL: No, to reconsider. CHAIRMAN COYLE: -- to some future date -- MR. WEIGEL: This is a motion to reconsider. CHAIRMAN COYLE: Yes. Motion to reconsider only, right? MR. WEIGEL: Okay. COMMISSIONER HALAS: That's correct. CHAIRMAN COYLE: Okay. All in favor, please signify by saYIng aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Okay. It passes unanimously. MR. WEIGEL: Okay. Staff and county attorney, working with petitioner, at petitioner's expense, will take care of the readvertisement requirements for it to be brought back at an appropriate future date. CHAIRMAN COYLE: Good. Does that get us to the county Page 51 January 25, 2005 manager's report? MR. MUDD: Yes, sir, it does. Item lOA. Mrs. Filson, how many speakers do we have on this particular item? More than five? MS. FILSON: We have five. MR. MUDD: Okay. Commissioner, you have a time certain at 10 (sic) o'clock. I believe that-- COMMISSIONER FIALA: At 11 o'clock? CHAIRMAN COYLE: I hope it's 11 o'clock. MR. MUDD: Excuse me, 11 o'clock, sir. Time flies when you're having fun -- at 11 o'clock. We could hear it at time and get as far through it as we can, then we can go to the 11 o'clock. I don't believe that will take the entire half an hour. And then we have an 11 :30 time certain also. CHAIRMAN COYLE: Let's got to lOB. MR. MUDD: lOB? CHAIRMAN COYLE: Yep. Item #10B RECOMMENDATION TO APPROVE AN ALTERNATIVE ROAD IMPACT FEE CALCULATION AND RESULTING RATE OF $9,619 PER 1,000 SQUARE FEET FOR THE PROPOSED MR. MUDD: Is a recommendation to approve an alternative road impact fee calculation and resulting rate of$9,619 per 1,000 square feet for the proposed Germain Riverchase BMW dealership. Mr. Norm Feder, administrator of transportation services -- excuse me -- Mr. Phil Tindall, from the transportation division, will present. MR. TINDALL: For the record, Phil Tindall from transportation Page 52 January 25, 2005 planning. Mr. Chris Thornton, legal council for the petitioner, will be speaking to this item to start off. CHAIRMAN COYLE: Now, this is going to be -- this is only an issue of the way it was calculated. And I understand the staff agrees with the method in which it was calculated. Is there a need that we get involved in all this detail? COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER HALAS: Oh, no. I'd like to bring up some things on this thing -- on this item. CHAIRMAN COYLE: Okay. What we do not need is a full-blown presentation about impact fee calculations, okay? The only thing we're talking about here is whether or not the petitioner's recommendation for a modification to that is acceptable to the staff, and then the commissioners will have a chance to question and debate that, okay? Now, can we do that? Can we make sure we don't get involved in a lot of mundane details here that don't bear on the decision-making process? Okay. Let's go -- MR. TINDALL: We're prepared to answer any questions, Mr. Chairman. CHAIRMAN COYLE: Okay. Commissioner Halas, do you have questions? COMMISSIONER HALAS: Yes, I do. I was looking at the data that you collected in the areas of concern. The areas of concern for me were that you used the location like Ft. Myers, Lakeland, and also the Tampa area. And what I'm concerned about is that the medium (sic) household -- annual household income here in Naples is about $63,300. I don't think that the annual -- the median income in Ft. Myers is that much, nor do I think it's like that in Lakeland, and I think that probably we should have used areas such as West Palm and Fort Page 53 January 25,2005 Lauderdale as an area because of the household medium (sic) income. Do you -- can you give -- enlighten me on this? MR. THORNTON: Thank you. For the record, I'm Chris Thornton with Treiser, Collins and Vernon. Just for the record, I would like to make sure, before we wrap it up, that the entire study and its exhibits, as well as Mr. Tindall's executive summary and his exhibits are included in the record. And then Mr. Halas, to address your concerns, we did prepare -- and maybe you've received a copy of -- some demographic data, that -- although it's not required by the consolidated impact fee ordinance or Appendix D -- which sets out the methodology for doing an alternative transportation impact fee calculation for road impact fees, we have gotten some demographic data. And I don't know if all of you have received this, but I forwarded it to staff just yesterday. COMMISSIONER HALAS: Can you tell me if the median household income in Lakeland is around $63,000? Can you tell me if that's the same in the Tampa area and the Ft. Myers area where you took these results? MR. THORNTON: I don't dispute the median income data that you're -- that you're giving me. The data that we have put together shows that based on -- we've shown the number of affluent households in the vicinities where these comps. were taken from, and the Naples -- and used the Naples BMW facility, the Germain facility, with 2004 sales data and shown that the Naples BMW facility sells, on a percentage basis, fewer cars than the BMW facilities in all the locations where the -- where the comps. are located. And I can provide this chart to you. It's -- we followed the example of the Jaguar facility. They went through this same process one year ago. I got a copy of their table. I got the same type of data to address the same issue. And I have that table for you, if I could pass it -- COMMISSIONER HALAS: Is it because the amount of cars -- Page 54 January 25, 2005 when I drive around Naples, I'll tell you, I see more BMW s and I see more Mercedes-Benz than I do Ford and Chevrolets. And I'm not sure if a lot of these people buy their cars elsewhere or whether it's just the location of your dealership at the present time, which is on Radio Road here, and that's why you want to move up to where you have more exposure. But I'm just concerned at the demographics in regards to what you use to base your criteria on. And I always look at the medium (sic) household income, because those are the people that are going to be able to afford luxury vehicles like the ones that you're going to be selling up in that -- in my district. MR. THORNTON: Yes, sir. The BMW facility on Radio Road has been there for a while. The data that we have collected, the demographic data, the population data we got from staff, the sales figures we obtained from the BMW facilities themselves, that data shows that the Naples BMW facility sells fewer cars per affluent household than the BMW facility of any of the comps. that we used in our study. The Lakeland comp., it's called Fields BMW in Lakeland actually, I believe, has skewed our trip generation numbers extremely high. That facility sold almost three times as many BMW s as the Naples facility did, and they have only half the number of affluent households. I think that that facility draws people from -- COMMISSIONER HALAS: Orange County. MR. THORNTON: -- other counties, and the Naples facility doesn't draw from other counties. The Naples facility -- and Naples is also a smaller community. So although the percentage of affluent households might be higher, the raw number of affluent households is not that high compared to the other communities. But let me just hand this out for you just so you have it. I think Mr. Nunner can address his selection of the compo locations. Page 55 January 25, 2005 MR. NUNNER: For the record, JeffNunner. We tried to choose stores similar to the store that's going to be built at Riverchase. We chose the Lakeland store, the Tampa, Reed's BMW in Tampa, and the Ft. Myers store. We feel each of these stores is comparable and provided a good indication of actual impact that the store -- that the new store will have on the county roads. MR. THORNTON: I don't want to get into a full-blown presentation if you're not -- if you prefer not to. CHAIRMAN COYLE: I just want to try to make sure we've answered Commissioner Halas' questions. As I understand it, what you've done is you've based this on the number of vehicles actually sold in these dealerships -- MR. THORNTON: In 2004. CHAIRMAN COYLE: -- which is probably a more direct measure of the amount of traffic that you generate. MR. THORNTON: Yes, sir. CHAIRMAN COYLE: But-- MR. THORNTON: As stated in the executive summary, the study was prepared in strict accordance with the requirements of your consolidated impact fee ordinance in Appendix D, and the staffhas reviewed, analyzed, and has approved the study as being in accordance with your ordinance. CHAIRMAN COYLE: Can we hear from staff for just a second? What is your position on this calculation? MR. TINDALL: Our position is that they followed the requirements in our impact fee regulations and the specific procedures regarding alternative fee calculations to the letter. We have no problem with their data at all. I've gone through the -- Mr. Nunner's report with a fine-toothed comb with the intent of trying to find some fault with it, and everything was just fine as far as the data. There's nothing to argue with as far as that goes. Page 56 January 25, 2005 CHAIRMAN COYLE: Okay. Thank you. Questions, Commissioner Halas? COMMISSIONER HALAS: I just want to wrap this up. You're basically basing this on the sales of new vehicles. What about resale vehicles and what about warranty and schedule maintenance as far as generating traffic? MR. THORNTON: These -- the table also includes data for new -- the second line -- MR. NUNNER: Commissioner Halas, all of the stores that we studied provided new vehicle sales, pre-owned sales, and warranty and service. So they were all apples to apples. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Any other questions? I think there was a motion made but not seconded. COMMISSIONER FIALA: No, it was seconded. CHAIRMAN COYLE: It was seconded. Motion made by Commissioner Henning, seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: And-- COMMISSIONER HALAS: I'm opposed. CHAIRMAN COYLE: And one opposed. Commissioner Halas is opposed, and so it passes 4-1. MR. MUDD: Commissioner? CHAIRMAN COYLE: Can we go to E? We have a time certain in 10 minutes? MR. MUDD: Yes, sir. CHAIRMAN COYLE: I think E is one we've already heard before. It should be a very brief staff presentation. No? Page 57 January 25, 2005 MR. MUDD: No, sir. Mr. France, the petitioner, or whoever represents him, has changed, so it could be an item that takes a little while. I was just informed of that about 30 minutes ago. Sir, if you go to C, I believe you can -- you can give us direction. That's what we're looking for. CHAIRMAN COYLE: Okay. Item #IOC MOTION TO DISAPPROVE STAFF'S RECOMMENDATION TO CLOSE THE 2005 GROWTH MANAGEMENT PLAN AMENDMENT CYCLE TO PRIVATE SECTOR PETITIONS, IN CONSIDERATION OF THE EAR-BASED AMENDMENTS MR. MUDD: 10C is a recommendation to close the 2005 growth management plan amendment cycle to private sector petitions in consideration of the EAR-based amendments developed (sic) and adoption process, and Mr. Joe Schmitt, the administrator for community development and environmental services division, will present. MR. SCHMITT: Good morning, Commissioners. For the record, Joe Schmitt, administrator of community development/environmental services division. This is a rather simple request. All it is is a request to delay the private amendments for the growth management plan in the fact that we're having EAR-based amendments and many activities in regards to many issues to address through our EAR-based amendments. The complications arise when we have to evaluate privately-submitted amendments against both the EAR-based amendment passing and EAR-based amendment issues being changed. So it's the request of staff -- I certainly -- while this has been Page 58 January 25, 2005 done in the past, the EAR -based amendments are amendments that appear every seven years. Strictly up to the boards -- how you want to deal with it. The complication involves, like I said, in regards to staffing, private amendments, and doing the evaluation both on the issues involving the EAR-based issues and non-EAR-based issues. But as you recall, the most significant issues we're going to be dealing with in this series of EAR-based amendments will be the coastal high hazard density and the density issues involving activity centers. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I'll be honest with you, Mr. Schmitt, I can't say that I'm in agreement that this is a good idea. MR. SCHMITT: Okay. COMMISSIONER COLETTA: I think that government serves the public. And in order to serve the public, we have to work with the smallest individual with the largest corporation out there and treat everybody with equal respect. If there's a problem with the funding of it, then we may not be charging them enough to cover the cost of it. If that's not the problem, if it's a problem with finding qualified people, we might consider possibly farming some of the issues out to be able to free up the time. I'm very sympathetic to staffs needs, and I know that we have been putting an undue burden on it for some time now, and I think that's another issue that we have to approach and make this job much more tolerable so that they can finish it in a more friendly atmosphere in a time frame that might be more conducive to the public benefit. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Is there a time frame when we need to adopt the EAR? MR. SCHMITT: The EAR-based amendment -- to answer your question, yes, we'll be bringing those back this year, this -- late this spnng. Page 59 January 25, 2005 They'll go through the transmittal and then adoption, and we will bring that back through this year. So all we would like to do is any -- make sure any applicant who is filing a private amendment understand that their private amendment may be tied up in the EAR process, in the evaluation process, and some of the decisions based on the EAR-based amendments may adversely impact one of the private amendments. So that-- COMMISSIONER HENNING: So to answer my question -- MR. MUDD: The time frame, sir, from DCA approval of your EAR transmittal, you have 18 months -- COMMISSIONER HENNING: Eighteen months, thank you. MR. MUDD: -- to file your LD -- to file your -- excuse me -- to file your amendments, and they do have a six-month extension window, but that normally gets tied up with, you submit your LDC, then there's comments that come back, and then -- then there's a back and forth, and that's normally what the six-month window for an extension gets tied up in. MR. SCHMITT: And note that in the first paragraph of the executive summary, and there's also a twice-a-year limitation in submitting amendments. CHAIRMAN COYLE: I agree wholeheartedly with Commissioner Coletta. We've got a job to do, and it includes serving the public, no matter who that public is. I believe that when times get tough, we either -- authorize the staff to hire a consultant or two to help them with their jobs. I understand the staff has been -- had a heavy workload, but I think it's our job to find ways to get it done rather than postponing the responsibility. I don't know. Just a sense of the commissioners, I don't know how many -- looks to me like we've got at least three nods, but we have three -- three speakers. Now, let me ask the three speakers -- Page 60 January 25, 2005 MS. FILSON: David Ellis-- CHAIRMAN COYLE: Who are they? MS. FILSON: -- Michael Fernandez, and Al Zichella. CHAIRMAN COYLE: Do you want to speak in favor or -- you want to speak or do you want us to take a vote? You going to waive? Okay. Is there amotion? COMMISSIONER COLETTA: I make a motion that we disapprove staff recommendations. COMMISSIONER HALAS: I second that. CHAIRMAN COYLE: Okay. There's a motion by Commissioner Coletta, second by Commissi9ner Halas. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed? (No response.) CHAIRMAN COYLE: It passes unanimously. MR. SCHMITT: No problem. We will-- CHAIRMAN COYLE: We-- MR. MUDD: Commissioners, that brings us to item -- I think we can -- CHAIRMAN COYLE: You've got four minutes. MR. MUDD: I think we could start that item, if you want. CHAIRMAN COYLE: I think we probably can. Item #10D RECOMMENDATION FOR THE APPROVAL OF THE SECOND Page 61 January 25, 2005 CONSERVATION COLLIER ACTIVE ACQUISITION LIST AND DIRECTION FOR STAFF TO ACTIVELY PURSUE PROJECTS RECOMMENDED WITHIN THE A CATEGORY - APPROVED & WILL RECONSIDER PARCEL AT PINE RIDGE ROAD/LOGAN BOULEVARD MR. MUDD: Okay. Then we're going to cover 10D. This item to be heard at 11 a.m., and it's 10:57 right now. It's a recommendation for the approval of the second Conservation Collier active acquisition list and direction for staff to actively pursue projects recommended within the A category. And Alex Sulecki will present. MS. SULECKI: Good morning, Commissioners, Mr. Chairman, all. This morning I had prepared a short presentation -- oh, I'm sorry. F or the record, I'm Alex Sulecki, coordinator of your Conservation Collier Program, and I'm here today to seek your approval for the second Conservation Collier active acquisition list. Several committee members are also present and some staff from our real estate services department. And Mr. Chairman, I have prepared a short presentation, and I can go through that, or I can simply answer questions. CHAIRMAN COYLE: I understand there are essentially four items that are added to this acquisition list. Can you concentrate on the ones that have been added? Because I think we've already approved the other ones; is that not true? MS. SULECKI: That's true, but it's a whole list. It includes a B and C category as well. CHAIRMAN COYLE: Yes. MS. SULECKI: I can concentrate on them. CHAIRMAN COYLE: Okay, good. Thank you very much. MS. SULECKI: Okay. MR. MUDD: Hit the little screen one, right there. Page 62 January 25, 2005 MS. SULECKI: Okay. Just to give you a general status update, we understand from our F eb -- or January -- December workshop that we have 75 million for land purchases, plus management, 15 percent for management and administration, and acquisition costs. As of today, we've acquired approximately 120 acres out of the total 447 that were approved on our first active acquisition list. We have developed an interim management plan for three of those properties. One of them is before you today on the consent agenda. And we've completed the second evaluation and ranking cycle and today are requesting that you approve the additional purchase of 282 acres, which includes acreage in a long-term multi-parcel project. As you'll remember we have the A, B, and C category. A categories are those which we would like you to instruct us to go buy. They're prioritized as high, medium, and low. All of the four in this cycle are prioritized as high. The B category, we are not going to pursue them at this cycle, but we'll rerank them during the next cycle. And the C category, we are not interested in purchasing. Okay. So the map on the left shows you all of the qualified projects or properties that we looked at this cycle, and on the right you can see the four that we're recommending as A category properties. And this shows you -- this is the map that we provided in your executive summary, and it shows you all of the properties that, if this new list is approved, will be on our A list. Cycle one, you can see we had about 36 million and a half -- and 630 thousand dollars (sic), cycle two we're asking for approval for another, approximately $8 million -- I think I said 36,000. I'm not used to speaking in millions -- for a total, with all of these properties, of about $44 and a half million. And technically those properties have already been purchased, and some of them that are on here are no longer on our active acquisition list but they're included in the map and the figures so you Page 63 January 25, 2005 can see the entire property cost picture and also so that you can get a sense of where these properties are and what the size scale is. There's also acquisition costs that come with these. In your executive summary, we've talked about $240,000, which includes things like title work, surveys, appraisals, recording, and that is for the properties that we have immediately with applications. But long-term -- we have a long-term acquisition project, Winchester Head, that stretching over about five years, we've estimated, will add another million dollars to those acquisition costs because they're very small properties, and we're assuming they're going to come in one at a time. If they don't, we will bundle and do the best we can to reduce those costs. This is a high-cost estimate. And you will recall that we talked about, in our workshop, the totals figures. And cycle one, we bought $24 million worth of properties. Properties left remaining to buyout of cycle one, I think we gave you 8 million as that figure, but we did not include the long-term unit -- Golden Gate Estates unit 53 costs estimated out over five years, so we've added those in, for a total for cycle one of 36.6 million. And then at that time we did not know what the recommended cost would be for this cycle, and it turned out to be about eight million, which also includes the long-term cost for Winchester Head. So the total then is 44.6 million, which is about the same as we told you then. I think it's a little bit less. And so we have 30.4 million left out of the 75 million that you've authorized us to spend. So our cycle two recommended properties, the Collier Development Corporation, school board section 24 property, Watkins-Jones, and Winchester Head, multi-parcel project. The estimated value for the Collier Development Corporation parcel, $1,121,000. And this is it. It's along the Gordon River. It encompasses three different parcels here. There's a lot of information about it. I've Page 64 January 25, 2005 included that in your summaries. Do you want me to go through that information? Okay. The other parcel is the school board section 24, and this is about 65 acres just east of the Golden Gate Canal. You can see it's just east of Golden Gate City. Estimated value, a little over a million dollars. That parcel has some endangered species on it, gopher tortoise, red cockaded woodpecker. It's right next to a noted colony. Another parcel is the Watkins-Jones property, which is up off of u.s. 41, just south of the Germain dealership. This buffers an outstanding Florida water and a number of other conservation pieces, and it will provide some protections for endangered species there. Its value is estimated to be $1,126,000. And then the final is the Winchester Head multi-parcel project. We have at present five property owners who have agreed to sell their properties, or they've agreed to at least look at our estimates, our appraisals. And this is a project that has a total of about 114 undeveloped lots, 141 acres. We made the boundaries of it based on aerials, wetland maps, and lidar maps that show elevations. We've not included any developed properties. CHAIRMAN COYLE: Alex, I just want to make sure we clarify this for the people who are seeing it. That estimated value of $4.7 million, I don't think, includes just those highlighted yellow spots on this -- MS. SULECKI: No, it includes -- CHAIRMAN COYLE: It includes that entire crossed-hatched area. MS. SULECKI: That's right. CHAIRMAN COYLE: So that's important -- MS. SULECKI: That's right. CHAIRMAN COYLE: -- because it's a large parcel of property. Thank you. MS. SULECKI: Hundred and forty-one acres, 114 lots. Page 65 January 25, 2005 For this property, we -- Big Cypress Basin has offered us $70,000 in some assist -- funding assistance to help pay for some administrative work to acquire the properties more quickly than we could do just with staff. And the scope of that work would include things like developing an acquisition strategy, personally contacting owners, funding -- finding funding sources and grants, and preparing documents and things like that. In this area, we're showing the recent transfers of property. There have been a few, about seven, but nobody's building there yet, and DEP has denied two permits in there based on cumulative wetland impacts. The Army Corps has also approved use of mitigation funds to buy properties in this area, so we do expect some partners to come onboard with this in the future. CHAIRMAN COYLE: Okay. Now, the -- those are the four properties that you're recommending that you proceed ahead with -- MS. SULECKI: That's correct. CHAIRMAN COYLE: -- for acquisition. Now, there were a number of properties that are classified as B category for the next cycle for which you do not -- you're not seeking approval to move ahead, but you will accept applications from property owners in that area if they wish to proceed; is that a correct statement? MS. SULECKI: Well, the B -- it's kind of correct. The B list properties are those we're not going to go ahead with now, but we're going to wait until the next cycle and we're going to put them back into the mix and see how they stack up. CHAIRMAN COYLE: So we'll get the chance to consider those at the next cycle -- MS. SULECKI: Yes. CHAIRMAN COYLE: -- is that essentially -- MS. SULECKI: Automatically. If they're still available, if they haven't been sold, if the owners are still willing. Page 66 January 25, 2005 CHAIRMAN COYLE: And the C categories you're not planning on pursuing at all? MS. SULECKI: No. But the owners can resubmit those, because in the future they may be adjacent to other parcels. CHAIRMAN COYLE: In which case we'll have the chance to consider it again in the future. MS. SULECKI: That's correct. CHAIRMAN COYLE: There's no point in really considering those right now? MS. SULECKI: Correct. CHAIRMAN COYLE: Okay. Unless we have an objection to your elimination of some of these from consideration, right? MS. SULECKI: Correct. CHAIRMAN COYLE: Do any of the commissioners have questions concerning this list? Yes, Commissioner -- who was first, Commissioner Henning or COMMISSIONER FIALA: Henning. COMMISSIONER HENNING: The properties within the rural fringe area, does that include the density and the TDRs? I mean, will we own those TDRs, or is that -- once it's removed? MS. SULECKI: Once Conservation Collier buys the property, there are no development rights. They're severed. COMMISSIONER HENNING: Okay. Are we buying those rights? MS. SULECKI: My understanding is we are not, that they are-- they no longer exist. I think that was one of the concerns initially with the program, and so it was set up that way, that we would not be buying and selling TDRs. COMMISSIONER HENNING: Okay. The -- I guess the concern that I have is we're looking at doing some growth management plan amendments where the ultimate would be for the Page 67 January 25, 2005 property to go to government, and are we really spending the taxpayers' money wisely by doing this? The second thing I want to point out, in this area of the Winchester Head, I would say that the average price for an acre and a quarter is 50,000. And, in fact, I was at an auction that an acre and a quarter went for $173,000. So there is development pressure in this area. And I'm, you know __ based upon comps., maybe your price on the estimates are very low for the Winchester. MS. SULECKI: It's true they could be, because we don't know what's going to happen with the real estate market. We recently asked staff to do an appraisal of this area and what they were worth today. And how I figured that five years ahead was to take 30,000 an acre. Now, I know that they're selling for a little bit more than that, but they're like an acre and a quarter. But 30,000 an acre, and then add 10 percent yearly, and that's how I figured out. It may be low. I can't say for sure, but that seemed to be the consensus of everybody, what would be reasonable to project. And on the other -- the other issue, the TDRs, that is one issue that has been evaluated by -- by the committee as they look at these properties. And there were several that, you know, were in this area that there could conceivably be TDRs for, and so that did come up in discussion. It's being looked at. And then there's also the opportunity, if we were to buy a piece in that area, for the owner to pull the TDRs offbefore we buy it. So there's some -- there's some time where we can evaluate all these issues between when we decide we'd like to buy it and we buy it. COMMISSIONER HENNING: Well, I think the board needs to have that discussion -- MS. SULECKI: Okay. COMMISSIONER HENNING: -- because at the end -- we're the end responsibility of the taxpayers' money. Page 68 January 25, 2005 MS. SULECKI: Right. COMMISSIONER HENNING: And I think there could be some benefits and potential losses to the taxpayers on a committee making recommendations not having the concern of the taxpayers in mind. One other thing, Commissioners, there was a parcel on the acquisition list. The owner put it on there wanting to sell. There's acreage at the corner of Pine Ridge Road and Logan. And this is the only property that we had a lot of input from residents wanting to purchase that property. The taxpayers wanted the county to purchase this property. The committee, from what I'm told, is -- had a lot of concerns because the exotics, the owner was willing to work with the county to remove some of those exotics. There was concern about the property being barren at that time and needed to be revegetation (sic). When the public comes out and has a -- such as this program, a high priority for a particular piece of parcel, which mind you, it's the only parcel in District 3, I think that we should listen. I talked to the owner. He's willing to put it back on the acquisition, and I hope that we can direct the Conservation Collier to consider this as the acquisition and put it on A. So if that's going to be the direction, if there's going to be a motion, I would like for that to be included into the motion. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I don't -- can we put it on A? Isn't it the committee that decides which -- what their recommendations are for A, B, and C? COMMISSIONER HENNING: Well, I think that we're the final decision and that we should give that direction. And again, the owner is willing to resubmit that. COMMISSIONER FIALA: I look -- these aren't my questions. We're just talking now. I love the fact that it's local-- I mean that it's urban, rather -- rather than rural, because that was one of the Page 69 January 25, 2005 objectives of the program, but I don't know how much environmental value there is. But I'm willing to take a look at it and listen to what other people have to say. That isn't my question. Can I ask you -- CHAIRMAN COYLE: Okay. You forfeited your chance to ask a question. COMMISSIONER FIALA: No, I didn't. I'm going to just talk anyway. Alex, one of the things was just a light housekeeping thing. On all of these backups that you gave us, I was wondering if, in the future, you might be able to just put an A, B, or C on these little, like property summaries, so I would know which one we're looking at. Thank you. That's just housekeeping. MS. SULECKI: Certainly, be happy to. COMMISSIONER FIALA: And the second thing I wanted to ask was, with this Winchester Head, is that in -- it looks like it's in the flowway, from what I can see. Is that correct? MS. SULECKI: Yes, it is. COMMISSIONER FIALA: Is it adjoining to or adjacent to CREVVlands,perchance? MS. SULECKI: No, it's not. COMMISSIONER FIALA: Okay. MS. SULECKI: No. It's in the Estates. It's in the middle of unit 62 -- 65 and 62. COMMISSIONER FIALA: But it is in a flowway. I think that that's very important for us to realize. MS. SULECKI: It is in a flowway, yes. COMMISSIONER FIALA: Okay. Thank you. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. There's quite a bit of support in the area for this particular VV oodchester Hedge ( sic) to be included in the Conservation Collier, but I'd like to weigh in on Page 70 January 25, 2005 Commissioner Henning's concern over the transfer o(development credits and what it means to the taxpayers. And the man's absolutely right, there's got to be a mechanism, but I don't think we have to go back and reinvent the wheel and say that we're going to sever them if we end up with them. All we have to do is bargain for our best price possible and then subtract out what the value of the TDR would be and have the current owner sell it off and reduce the price by that much, and then we're assured not only the taxpayers having more funds to work with, we're assured of the fact that there's going to be funds available for restoration if we agree on that later today, and would be able to meet the other needs of the public. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Weighing in on what Commissioner Henning had to say in regards to the property located at Logan and Pine Ridge. I think what we need to do is take care of the issues that we have here today and give direction to the Conservation Collier Land Acquisition Advisory Committee to go back and look at that particular property that you said that that individual wanted to probably resubmit as something that the county might want to buy. So I think what we need to do is, if you want me to, I'll make a motion that we approve the properties that were listed here today, and with the -- with the -- and give direction to the Conservation Collier land acquisition to look at this particular property that Commissioner Henning had mentioned. COMMISSIONER FIALA: I'll second that motion. CHAIRMAN COYLE: Okay. There's a motion by Commissioner Halas, there's a second by Commissioner Fiala. We have public speakers and we have some more questions by commISSIoners. Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. And I'll be Page 71 January 25, 2005 brief. I just would wonder if the motion maker and the second would consider adding that we instruct staff and Collier 2000 to look at the proposition as far as the transfer of development credits and using them in a way that will benefit the county by having the owner separate them after we agree on the price and then lowering the price by that amount. COMMISSIONER HALAS: I'll correct my motion to -- CHAIRMAN COYLE: Okay, I'm sorry-- COMMISSIONER HALAS: Oh. CHAIRMAN COYLE: -- but could I raise a question here? That is a different policy issue than the approval of this committee's recommendations. It is a good one and one I would support, but I'm not sure that we can bundle it with this, because in order to do that, we've got to change an ordinance. COMMISSIONER HALAS: What we'd have to do is make two motions here. COMMISSIONER COLETTA: Mr. Weigel? MR. WEIGEL: I think that the better procedure would be to have two motions, because ultimately Mr. Coletta's inclusion provides a direction to staff, kind of indirectly a direction to staff to do all things to bring it back for consideration, but this can be accomplished in a separate motion. You can make as many motions after the initial one as you wish to to direct -- CHAIRMAN COYLE: Just a clarification. The motion -- the second motion would have the effect of bringing back the other parcel for consideration, I think. Is that the intent? COMMISSIONER FIALA: No, that was -- CHAIRMAN COYLE: Or is it the intent to make a modification to the TDR program to strip the cost of the TDRs from property before we make an offer? COMMISSIONER HALAS: That's going to be -- have to be Page 72 January 25, 2005 another motion. CHAIRMAN COYLE: Okay. My concern is that there is a procedural question that we might have to deal with that is entirely separate from this one, okay? COMMISSIONER HALAS: That's right. CHAIRMAN COYLE: But can we handle the first motion first? Commissioner Henning has a question, then I -- COMMISSIONER HALAS: I leave my motion as it stands. CHAIRMAN COYLE: Okay. As it stood before Commissioner Coletta's -- COMMISSIONER HALAS: Yes, that's correct. CHAIRMAN COYLE: And then we'll get back to Commissioner Coletta's concern and deal with -- COMMISSIONER HALAS: That's exactly right. CHAIRMAN COYLE: -- that one secondly. COMMISSIONER FIALA: Which was to approve the four properties and encourage this property to go back and be reconsidered; is that correct? COMMISSIONER HALAS: That's correct, that's correct. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER FIALA: And my second is still standing. COMMISSIONER HENNING: Is your motion for that reconsidering of that property to put it back on the A list? COMMISSIONER HALAS: No, that's -- all that is is to have them go back and look at it, and just look and make sure that it qualifies, and then if it needs to -- let the Conservation of Collier (sic) make that determination. That's what they're there for. But we're telling them to go back and look at it because you said that this particular individual would like to put this back on the list and have the Conservation Collier land advisory group look at this again. COMMISSIONER FIALA: Looks like it has some viable assets Page 73 January 25, 2005 to it -- COMMISSIONER HALAS: Yes. COMMISSIONER FIALA: -- from what I've read, so -- CHAIRMAN COYLE: Then before I call for a vote, Alex, can you take me back to the Winchester Head property for just a moment. I'm going to -- will you show that up here? I'm just going to make a statement about this, and then we'll get on with the vote. I don't want to spend a lot of time about it -- with it. But can you get that larger area visual? MS. SULECKI: You want this bigger? CHAIRMAN COYLE: Yeah, real big. The concern is that that entire area has valuable -- or is of great environmental value, and I presume that's why you want to purchase it. But while we're purchasing one little parcel at a time, we are never sure that we'll ever get it all or even a large portion of it, maybe not even more than a third, because if property values escalate, as we can see they are, then we will get to the point where we can't afford to buy that entire property unless we do it very, very quickly before the values escalate. What my concern is is that we allocate money to buy a handful of those properties and then suddenly, over a couple of years, the value of that entire parcel becomes so great that we cannot possibly complete the acquisition of that large parcel, and that leaves us holding a few little pieces of land in that entire area, which provide us no tangible benefits whatsoever. I am concerned about that process, and I will probably vote no on the motion only for that reason. But nevertheless we have one more comment from Commissioner Halas, and we have three -- MS. FILSON: One. CHAIRMAN COYLE: One speaker, okay. COMMISSIONER HALAS: I also believe that there's going to Page 74 January 25, 2005 be a partnership here with the South Florida Water Management that they were going to help assist. And I'm hoping that in the future that we can look forward to South Water Management (sic) getting involved more so in the acquisition of this land, since it is of great importance. CHAIRMAN COYLE: And let's hear the public speaker. MS. FILSON: We have one speaker, Nicole Ryan. MS. RYAN: Good morning, Commissioners. For the record, Nicole Ryan, here on behalf of the Conservancy of Southwest Florida. And the Conservancy does support the four parcels that have been nominated for the A list. And I believe that you've discussed them thoroughly, so I did just want to touch on what Commissioner Halas had said about the Winchester Head parcels. This is a great opportunity to partner with the Big Cypress Basin, and I believe that with their additional assistance, the 70,000, that will help in the acquisition costs and the administrative costs of that, that that will be an opportunity to hopefully get those parcels purchased in a more timely manner. There could be other potential partnerships in the future of the soil and water conservation district. So we feel comfortable recommending the Winchester Head parcel for inclusion on the A list, and we support the other three parcels as well. Thank you. CHAIRMAN COYLE: Thank you very much, Nicole. No public -- no more public speakers? MS. FILSON: No, that was your final speaker. CHAIRMAN COYLE: We have a motion on the floor. Is there any further discussion? Then all in -- MS. SULECKI: May I add something before you -- CHAIRMAN COYLE: Sure, go ahead. MS. SULECKI: Okay. First I want to mentioned that the TDR Page 75 January 25, 2005 __ in the TDR program, when TDRs are on publicly owned property, they're not -- there are no TD Rs, is that what I'm understanding? One of our properties, the school board property, is -- well, currently it's not in the rural fringe, but it may be switched into there, so that's not an issue there. And then as far as the risks of the multi-parcel project, we have definitely considered those. But this particular area is definitely a wetland, and we felt that we were providing some relief to property owners who -- it would be outrageously expensive to build there. It's in a flowway, and you can see that on the screen, as it comes all the way down from the Okaloacoochie -- or Camp Keais Strand. And also, DEP isn't permitting in there right now, so -- CHAIRMAN COYLE: That's an important point, since I'm the only one that's raised that issue. You're telling me that it can't really be developed in there anyway right now? MS. SULECKI: I'm telling you that it's going to be very difficult, and someone's going to have to fight DEP. CHAIRMAN COYLE: Okay. MS. SULECKI: And the other thing -- other point I want to make is that property was nominated by one of our engineers, Stan Chrzanowski, because there are severe drainage issues in the Estates. And this was conceived as a way to help the surrounding property owners with drainage issues. CHAIRMAN COYLE: Well, that certainly addresses my concerns. MS. SULECKI: Okay. CHAIRMAN COYLE: Thank you very much. MS. SULECKI: You're welcome. CHAIRMAN COYLE: Okay. All in favor -- you want to vote on this or do you want to talk some more? COMMISSIONER HALAS: Nope, I'm all set. CHAIRMAN COYLE: Okay. We'll call the question. Page 76 January 25, 2005 All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It carries unanimously. Now let's deal with Commissioner Coletta's earlier concern. And Commissioner Henning, you have a question? COMMISSIONER HENNING: I think it's very important on the agenda that everybody understands there's a potential of extra TDR credits considered in neutral lands and sending lands, and those are very valuable. One of the ultimate -- the bottom line is, once the TD Rs are removed, that these lands be donated to a government agency. So if the Talon property is already purchased, it's purchased. If it's not -- MS. SULECKI: We're waiting on that one. COMMISSIONER HENNING: -- we should -- we should wait till the purchase, because that's going to ultimately affect the outcome on whether it's given or will be less valuable than the estimated market value. That is my only point, and I just hope that our staff and advisory board proceeds with caution. MS. SULECKI: Absolutely, we agree. And our purchase of that property, though it was approved, is on hold until that very issue is determined. COMMISSIONER HENNING: Okay. Oh, thank you. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. On the TDR issue, I was wondering -- I don't see where it would be a violation of any of our ordinances. If it takes place before the sale, before it's transferred to Page 77 January 25, 2005 the county government where the TDRs are stripped by the present owner and it's recognized that the value of those TDRs are such and such, it serves two benefits. One, it gives the taxpayer more money to be able to put into the future of the program, and number two, it gives us an ability to be able to restore some of those lands, and I commend Commissioner Henning for bringing the issue up. MS. SULECKI: Thank you. CHAIRMAN COYLE: Okay. Do we have -- do you want a formal motion or do you want just guidance to staff to proceed with this procedure? COMMISSIONER COLETTA: What do you want, Commissioner Henning? COMMISSIONER HENNING: I think there's a full understanding of the process, and I don't think the horse got out of the gate yet, so I'm kind of happy with the way they're proceeding and -- for the benefit of all. CHAIRMAN COYLE: Well, let's consider this guidance for staff to use that procedure in valuing all the properties, okay? And if you need any administrative changes or approvals by us that are more formal, please get them to us as quickly as possible. MS. SULECKI: Very good. CHAIRMAN COYLE: Okay? Good. Thank you very much. COMMISSIONER FIALA: Great job, Alex. MS. SULECKI: Thank you so much. CHAIRMAN COYLE: Now, let's move to - Item #12A MOTION INSTRUCTING STAFF TO RETURN WITH RECOMMENDATIONS OF POLICY FOR GOVERNING ALL ADVISORY COMMITTEES IN COLLIER COUNTY AND TO Page 78 January 25, 2005 GIVE SPECIFIC INSTRUCTION FOR THE PURPOSE OF THE CARIBBEAN GARDENS TASK FORCE COMMITTEE- .AEffiOVED MR. MUDD: 12A, sir, and that's a time certain at 11 :30. CHAIRMAN COYLE: Okay. MR. MUDD: And that is, this item to be heard at 11 :30. It's a recommendation that pursuant to ordinance number 2001-55, sometimes referred to as the advisory board ordinance, the Board of County Commissioners adopt resolution number 2005, and whatever number that's going to be, establishing the Caribbean Gardens Task Force Committee and discuss any continuing role of the staff in connection with the volunteer Blue Ribbon Committee. And Mr. Michael Pettit, the assistant county attorney, the deputy county attorney, will present, excuse me. MR. PETTIT: Good morning, Commissioners. Mike Pettit, the chief assistant county attorney. I have, at board direction, brought back before you a proposed resolution to establish a formal task-- we're going to call it a task force committee pursuant to our ordinance, 2001-55. It -- the features of the resolution are that it will dissolve in two years. I've made an assumption that -- two years from the date of the first appointment. I made an assumption that this would be a single project and a project that would come to fruition one way or another within that two-year period. And you can see that under section four we've assigned functions, powers, and duties to the committee. While I had the opportunity, if the board is of a mind to adopt this resolution, in speaking with Ms. Filson, she gave me a good suggestion about changing the date of the terms. She would like under section one, the final sentence to read that the committee members shall serve a term of two years which will commence upon the date of Page 79 January 25, 2005 the first appointment to the committee, and similarly, under section . five, the sunset provision, to also tie the sunsetting of the committee to the date of the first appointment, because she points out, justly, that it's going to take her some time to advertise to get people appointed to the committee, if, in fact, the committee's created today. In addition, during your discussion on December 14th, it was my understanding that the board might consider the continuing role of staff related to the volunteer Blue Ribbon Committee. What I wanted to clarify today was that it's my understanding that committee is a volunteer group of citizens. It has not been created in a -- pursuant to formal action by the board. I have attended some of those meetings, and I understand that staff, pursuant to your direction, is continuing to attend and assist in those meetings. And if you would like to discuss that, certainly you can. CHAIRMAN COYLE: Okay. Any questions or comments by commissioners? Commissioner-- COMMISSIONER COLETTA: Coletta. CHAIRMAN COYLE: -- Coletta, you were first. COMMISSIONER COLETTA: Yes, thank you. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: I think that this is a better approach than we had before, but I have some various concerns of the fact that we don't even have a price set for this property yet, and all we're doing is we're getting -- we're trying to come up with all sorts of uses, we're trying to come up with purposes, we're getting the public involved more and more. What we're creating is a market that's going to valuate this property as an expeded (sic) pace by putting so much attention on it. I really don't have any problem with the group that's in place now acting on their own and doing their own research as much as they want. The county government, they put their blessing on something when we haven't even reached a price on the property. It sort of Page 80 January 25, 2005 scares me. I've got a feeling that we're going to price ourselves out of the market by our own actions. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Mr. Pettit, I received a copy of your correspondence to the Board of Commissioners through David Weigel on the issue of the Blue Ribbon Committee seeking donations. MR. PETTIT: Correct. COMMISSIONER HENNING: Now, my question and concern is when we provide legal -- when we provide staff to this Blue Ribbon Committee, is that perceived that we're accepting donations or is it not? MR. PETTIT: Commissioner, generally what I tried to provide you was a summary of the law on a government, local government, accepting donations. I believe that if you -- somebody comes forward and offers the government, not an individual, not an individual government employee or the elected official, but the government, the county, a donation for a purpose -- if this board finds in an open meeting that there's a public purpose to accept that donation, it can, and provided there's obviously not some sort of quid pro quo being discussed. With respect to the Blue Ribbon Committee, it's my understanding that that's a volunteer committee of citizens, and certainly they are free to raise money if they're able to do that. And if they wish to come forward and do -- and offer it as a donation to the county commissioners for a specific purpose at a regularly scheduled meeting, I believe legally they can do that. I would strongly caution, however, the use of our staff in fundraising activities. And I think as a group, you made that relatively clear that none of you are interested in having that occur. And the reason I do that is that it's one thing for someone to come forward and offer the government a donation to assist the government in its functions. It's another thing to send government employees out Page 81 January 25, 2005 individually and seek donations. And I believe that would create a perception in the public of potential conflicts, potential ethics ordinance issues, whether, indeed, they were there or not. COMMISSIONER HENNING: Okay. MR. PETTIT: So I would caution you against using staff for that purpose. I believe that the board could find as a valid public purpose, if it wishes, that staff involvement of some type with a volunteer organization is okay. COMMISSIONER HENNING: Okay. MR. PETTIT: We could certainly -- you could find that they would be free to use county facilities to have meetings and that sort of thing. But I would caution against the use of staff to be affirmatively involved in a volunteer organization's solicitation of money. CHAIRMAN COYLE: Let me ask a quick question about that. What is the difference in the staff doing that and an officially designated committee doing that? MR. PETTIT: I don't think there would be one -- CHAIRMAN COYLE: I don't -- MR. PETTIT: -- and that's why I'm suggest -- one of the things I thought we -- I was -- as I went back and looked at the minutes, I thought what the board worked hard to try to get to on the December 14 meeting was, that the task force committee, if one was formally created, would not be a committee out seeking donations from the whole world. It would be a committee that would review funding sources, primarily grants. There may be -- and I don't know this -- but there may be nonprofit agencies who offer money to government to conserve lands. That's a possibility also. But that was my understanding of the board's discussion and direction from December 14, that the committee would not be seeking private donations. Page 82 January 25, 2005 CHAIRMAN COYLE: But the resolution, although it is carefully worded, does mention that this committee would be accepting recommendations and suggestions with respect to donations and they would identify, evaluate, and make recommendations concerning potential government and nonprofit funding sources. I can still see cases where non-profit organizations could have a potential conflict of interest if they are also coming to us to get approvals for zoning or other governmental actions. So I feel very uncomfortable with having funding issues associated with the committee. But Commissioner Halas has some questions. COMMISSIONER HALAS: Yes. I think originally when we started the idea of this, we basically gave direction to this ad hoc committee to go out and solicit donations, but it was not going to be tied directly with Collier County government and that -- therefore there would be no conflict of interest as long as we make sure that that remains as such, that this committee does only nothing more than to see if they can come up with additional funding to offset the actual price of the land that the taxpayers are going to have to pay, which was already approved at .15 mills for $40 million, I believe. So that was the only direction that was really given to this committee, and I don't think that we need to involve staff in this in any way. As you said earlier, we just provide the location for them to meet, but I don't believe that we need to get involved where staff needs to be tied in with this. CHAIRMAN COYLE: If I could make -- make another comment here. It is common for us to have committees that are not officially designated by the county commission and to provide staff input and assistance. We have a number of them throughout Collier County right now. Now, I'm raising this question because it addresses a broader policy issue. Should we, in fact, establish a policy that any Page 83 January 25, 2005 arganizatian that is gaing to. be making recammendatians to. us and that might ask far assistance from staff, shauld all af thase arganizatians be designated as afficial advisary graups by the Baard of Caunty Cammissianers and shauld their members be determined by us? And if sa, what are the criteria far selecting them? It apens up a very bra ad pal icy issue that I dan't think we've thought aut. And I really think that we need to. salve that, because this is prabably the secand ar third time this issue has came up befare us, and we cannot deal with it, in my apinion, an a piecemeal basis, just treat one -- ane cammittee the way we want to. treat it this week and treat an ather cammittee a different way next week. I think we shauld be cansistent in the way we handle the advisary cammittees we have in Callier Caunty. And Cammissianer Caletta brings up a very impartant issue, and that is, if we have a committee start pulling tagether plans far what will be dane with this and they will -- they will have to. be discussed in public befare we get a price far this property, it cauld very well cause the price to. inflate. And I think his recammendatian is well cansidered that, perhaps, what we shauld be daing is waiting until we get a price far this thing and then start warking this aut, and that will give us time to. answer the braader palicy issues. Will we treat all cammittees in a consistent manner? Will we have cansistent pracedures far all cammittees, ar will we treat them differently based upan aur perceptian af them at any single paint in time? And I wauld -- I wauld quite frankly, like to. see us take the time to laak at the braader palicy issue and then came back with a recommendatian, and perhaps we cauld put this issue to bed once and far all, because I guarantee you ance this ane's dane, there's gaing to. be anather ane that paps up, and I have a cauple af naminatians for thase right naw. Page 84 January 25,2005 But -- sa it's an issue, I think, that has braader implicatians, and it deserves a little time. And Cammissianer Henning naw has a camment. COMMISSIONER HENNING: Cammissianer Cayle, yau braught up a new tapic that needs to. be discussed and given directian by the Baard af Cammissianers. What this -- this new ardinance and new cammittee is going to. do is discuss -- and they can -- I knaw they can discuss abaut the price and then later an talk abaut the different optians as far as the land use, but all thase shauld be done under the sunshine and nat behind closed daars. And being that there are gaing to. be same recammendatians, thase -- thase discussions shauld be taking place in the public. And as far as the land uses, we can give direction nat to. discuss abaut the specific patentialland uses an the piece afpraperty. Let's facus on acquiring the piece af property and then go. farward with the different uses an the praperty. CHAIRMAN COYLE: Two. issues. One is that raising the issue af cansistency and fair treatment in gavernment is nat a new issue to. be raised here. It is -- it underlies all afthe decisians we make here. Secandly, perhaps yau can enlighten us as to. where these discussions are taking place behind clased doars under the current circumstances. Do. you have examples af clased-daar discussians? COMMISSIONER HENNING: When yau're under the sunshine, it's a violatian af the law to. cammunicate an -- far members to. cammunicate on a particular item that might be recammended. A goad example is with planning cammissian. They are under the sunshine. They don't talk abaut items -- two. members dan't get together and talk. When yau're nat under the sunshine yau don't have that impediment. I shauldn't say it's an impediment. I think it's a goad thing. I Page 85 January 25, 2005 know it's cumbersame, but it's a gaad thing far the public far things to. be discussed at a public farum. CHAIRMAN COYLE: Well, I came back to. my first questian, do. yau have any evidence that any closed-daor discussians have been undertaken by anybady an this cammission, ar anybady an this cammittee we're discussing? COMMISSIONER HENNING: Well, yau knaw, I dan't think-- CHAIRMAN COYLE: Or -- is this an allegatian ar is it just -- COMMISSIONER HENNING: I dan't think that's a fair questian. The anly -- the anly statement I'm trying to. make is, when we talk abaut public lands, it ought to. be discussed in a public meeting and remave thase suspicians abaut things being dane with two members aver a lunch ar a breakfast ar whatever. If we do. things -- if the baard tries to. do. things -- tries to. bring cammittees tagether under the sunshine, I think the public has a better feeling about, gavernment is being run haw they wauld want it to. under the laws af the sunshine. CHAIRMAN COYLE: Then yau would agree, then, with my prapasal that we put all these cammittees under the sunshine? COMMISSIONER HENNING: Well, again, I think that's a warthy discus sian abaut your cancems af ather cammittees and staff liaisan supparting these private ones. I think it's a gaad canversatian to have, but I dan't think it's apprapriate at this time. CHAIRMAN COYLE: Commissianer Fiala? COMMISSIONER FIALA: Yes. Thank yau very much, bringing this back an hame. COMMISSIONER HENNING: Right. COMMISSIONER FIALA: I think this cammittee was strictly designed to. determine fundraising, haw to. get the funds, get ideas of where they can go.. They weren't designed to. -- they weren't organized to. design a park. I think in their excitement -- and I would have been that excited, Page 86 January 25, 2005 to.o -- I wauld have wanted to. do. that. And I completely agree with Cammissianer Halas, that cantinues to drive the price up. If I were the owners, I'd wait to.o to. see what all they cauld came up with. Not anly that, but the cammunity then gets very excited abaut what they're daing, and then the price even goes up mare. I think they shauld strictly be limited ar facused on fundraising. COMMISSIONER HALAS: Yep. COMMISSIONER FIALA: But again, I dan't knaw if I have the right to. say that, but that's what I thaught they were arganized to do.. COMMISSIONER HALAS: Exactly. COMMISSIONER FIALA: And I knaw that they've come up with same ideas. I'd like to. see them cantinue to. pursue thase ideas. CHAIRMAN COYLE: I'm nat sure where that leaves us. The cammittee exists right naw, and we have no. cantral aver it. We didn't designate the cammittee, we didn't name the peaple an the cammittee. COMMISSIONER HALAS: Exactly. CHAIRMAN COYLE: It exists, and it can do. anything that it wants to. do. as it has been daing in a very prafessianal manner. I wauld remind you that this is the same committee that existed at the time when the peaple were trying to. make up their mind whether ar nat they wauld vote far the Canservatian Collier-- COMMISSIONER FIALA: Well, nabady's cantesting the peaple an the cammittee. CHAIRMAN COYLE: Yes, they are. They are cantesting it. They've alleged that there are samehaw clased-daar discussians and that peaple have a canflict af interest. That statement's been made publicly. And these peaple have nat. And it's impartant that we recagnize that if this cammittee wants to. cantinue warking, they have every right to. do. sa no. matter what we say here, akay? If that is true, then let's go to. the real issue af the discussian, that is to. determine whether or nat we want to. create anather cammittee to. Page 87 January 25, 2005 do. something different, and I think that's what we shauld be talking about. And if there is a mati an to. create anather cammittee -- COMMISSIONER HENNING: Sa moved. CHAIRMAN COYLE: -- that will do. samething, then let's hear it. We've got a motian an the flaar by Cammissianer Henning. COMMISSIONER FIALA: To. create it to. do. what? COMMISSIONER HENNING: Well, to. apprave the agenda item, and that's creatian af an advisary board, establishing the Caribbean Gardens Task Force Cammittee. MS. FILSON: And Mr. Chairman, I have five speakers. CHAIRMAN COYLE: Okay, all right. There is no. secand, sa the mati an dies far lack af second. Let's go. to. the public speakers, please. MS. FILSON: The first speaker is Mayar Bill Barnett. He will be follawed by David Margan. CHAIRMAN COYLE: Three minutes, please. MAYOR BARNETT: Thank you. Gaad marning, fellaw commissianers. It's nice to. see all af yau. It's nice to. be here. I believe that yau really have hit the nail an the head. I wauld -- and I am representing the City af Naples taday. The first, and I think the faremast is, is that the cammittee, the Blue Ribban Panel ar Cammittee that yau have naw, is daing exactly what yau said they were daing. They are valunteers, and I think that's what the key ward is. And they have no. authority. They have no pawer. They are working far the cammunity. Yau still have, and will cantinue to. have, the final say, and I think that's what -- I think that's what the battom line is. I think that they have -- even thaugh they are nat required to. work under the sunshine, I think they have, and have made a very, very cansciaus effart to. do. sa. Page 88 January 25, 2005 I wauld ask that yau let them be -- let them do. what they're daing. Again, yau do. have the final say, and that's the mast important thing. If, per chance, anather mati an carnes up to farm a task farce as yaur ardinance, ar yaur matian, is there, I would ask that if that is the case, that yau do. give the City afNaples representatian and let us put a designee an that task force. But, again, I'm nat asking yau to. do. that. I am saying, please leave the Blue Ribban Panel or Cammittee just as they are. As I say, you still have the battam line. And thank yau very much. COMMISSIONER FIALA: Do. yau already have two. -- yau have two cauncil persans an this cammittee, dan't yau? MAYOR BARNETT: Yes, yes, we do.. Penny Taylar and Jahn Sorey. COMMISSIONER FIALA: Yeah. We didn't get a list afwho all is an here, but I had heard that that was the case. We dan't have anybady an there, do. we? No. CHAIRMAN COYLE: Oh, sure -- well, no., nat fram the cammlSSlan. COMMISSIONER FIALA: no.. CHAIRMAN COYLE: It was a valunteer cammissian. Anybady fram the commissian cauld have gane -- MAYOR BARNETT: Yeah, they -- it was a valunteer, and they still are, and as lang as they remain that way, yau're in cantrol. Thank yau very much. I appreciate it. COMMISSIONER HENNING: If I can ask a questian? CHAIRMAN COYLE: Sure. COMMISSIONER HENNING: It saunds like the city is very interested in this piece af praperty and what the uses are gaing to be. Do. yau anticipate any manies caming farward to. the purchase af this praperty fram the City afNaples? MAYOR BARNETT: I'm nat here taday to. speculate an that. I Page 89 January 25, 2005 knaw that the city is excited, as yau are, as this whale cammunity is, and I do. knaw that that valunteer Blue Ribban Panel, as ane af the cammissianers said, warked very hard to. get the community to vate to accept that. And again, the ather thing is is that we are all talking, including the city and the caunty is -- we still dan't knaw haw much this piece af praperty's gaing to. be. And the mare discussian we have and the mare we talk about farming ather tasks farces, et cetera, who knaws, there are certainly peaple that are sitting there just salivating aver, akay, can we raise it up anather few millian. Sa I wauld think that we would like to. get that resalved af -- get a price and let's get it purchased, if we can, and then go. fram there. But I can't answer yau, Cammissianer Henning, I wish I cauld, an what the city is gaing to. do.. But we certainly are in support. CHAIRMAN COYLE: Cammissioner Halas? COMMISSIONER HALAS: Yes. I just want to. make sure that everybady in the audience realizes -- I believe that the max value of maney that the caunty is gaing to. put farth in this is abaut 40 mill. Sa anything abave that, I'm nat sure where we're gaing to. go. at that paint in time. CHAIRMAN COYLE: Okay. Thank yau, Mayar Barnett, for being here. MAYOR BARNETT: Thank you very much. Appreciate it. MS. FILSON: The next speaker is David Margan. He will be fallowed by Vincent Mallo.. MR. MORGAN: Hi. David Morgan, and I represent myself as a taxpayer af Callier Caunty. I have been to. every single ane af these meetings that this cammittee has had. There has nat been ane behind a clased daar, there has nat been ane that wasn't either in this lacatian an the recard ar dawn at the city hall, where they had ane. There has been nathing but -- what I perceived them to have was the perceptian they were given the autharity to. go. farward and passn Page 90 January 25, 2005 this ar help this referendum pass. Seventy-three percent afthe voters wauld nat have vated far it unless there was same kind af idea ar plan as to. what yau wauld do. with it, that's why Canservatian Callier had such a hard time the first cauple aftimes. I wauld respectfully disagree with the fact that we keep raising the price, because what the current praperty awner has done is put tagether a number af architectural renderings that they would then walk araund to. develapers and say, haw much wauld yau pay far this. That's what will drive this price, nat peaple saying we're turning it into. a park far canaes and kayaks and children and seniars to. enjay. So my persanal recammendation wauld be to. keep this cammittee tagether, add caunty representatian as yau see fit, but nat to. lase the mamentum that they've created and have warked sa hard on as a taxpayer getting ready to. watch them aver the last several months. Thank yau. MS. FILSON: Vincent Mallo.. He will be fallawed by Clarence Tears. MR. MOLLO: Hi, gaad marning, Cammissianers. My name is Vincent Mallo.. I'm a resident. I'm the people yau're talking about when yau say the public. I'm the public, akay? And yau wark far me, akay? And yaur best -- yaur interests shauld be to. me, akay? That's -- and the public shauld be pratected. We're nat discussing whether the zaa is a gaad idea ar not a gaad idea. We are discussing the county's palicy, an apen daor. Mr. Cayle, in a -- in your quote -- I'm quating yau, the perceptian of wrangdaing is as bad as wrangdaing. CHAIRMAN COYLE: That's right. MR. MOLLO: Okay. Yau asked befare, was there meetings? Yeah. Ms. Fiala, ah, all it was was to. get up maney. No., it wasn't. If yau don't knaw abaut the subject, research it befare yau try and make a decisian. Yau -- we're awed that, akay? Page 91 January 25, 2005 I can go. an and an and an, and I dan't have to. do. any more research ather than go. to. the Naples Daily News and get quates from members af that baard. Why did the city manager fram the City af Naples resign fram the baard? Because he was warried about sunshine law vialatians. Why did Mr. Tanklet (sic) take-- MR. WEIGEL: Tetzlaff? MR. MOLLO: -- Tetzlaff resign from the baard, the Blue Ribban Panel? Because he was warried he cauldn't talk to peaple, okay? The perceptian af city-elected afficials aut there getting maney, akay, it's quid pro. qua. You're absalutely right. That's what the public sees. We dan't do. business in Callier County like that anymare. We used to., akay? And several of yaur cammissianers went to. jail aver it, akay? It's time to. address the issue and put it aut in the apen. This isn't -- this isn't racket science. This is perceptian af the public, akay? That's all I have to. say. Thank you. MS. FILSON: The next speaker is -- CHAIRMAN COYLE: I have a questian far yau. MR. MOLLO: Certainly. CHAIRMAN COYLE: Have yau been to. ane of the meetings -- MR. MOLLO: No., I haven't. CHAIRMAN COYLE: Y au've never been to. a public meeting -- MR. MOLLO: No., because I didn't knaw abaut them. CHAIRMAN COYLE: I see. Okay. Thank yau. MR. MOLLO: Okay? Where was it published? Bringing up anather paint, if this -- they say this blue ribban commissian is nat regulated by anything, hawever, they're going to. apply by the sunshine law. Well, what happens if they dan't? They're nat applied by the sunshine law, so they can do. anything they want and say, we're daing Page 92 January 25, 2005 it. Yeah, we did it all the time. We always did. There's no. minutes. Haw can an email that I sent you and this cammissian cause such a stir amangst thase elected afficials, okay, where they questianed -- which yau have no. right to. do -- my intentians? I had the right to. my intentians and I had the right to my awn feelings an the matter. I make an informed decisian, akay? Yau have no. right to. question why I sent yau a letter appasing -- and yau did. Yau delivered it to. Ms. Penny Taylar. CHAIRMAN COYLE: No., I didn't. I delivered it -- MR. MOLLO: Naw, wait a minute. Let's go. a little further. Let's go. a little further. Naw there's three afyaus, akay? Y au're an elected afficial, thase two. are elected officials. You discussed my letter with thase two. afficials. CHAIRMAN COYLE: That's nat -- MR. MOLLO: Was that a -- wait a minute. Was that a sunshine violatian? CHAIRMAN COYLE: That's a lie. That is a lie. MR. MOLLO: Oh, really? Why dan't yau watch the tapes. CHAIRMAN COYLE: Wait a minute. Y au're painting -- MR. MOLLO: Why dan't you watch the tapes? CHAIRMAN COYLE: -- to. Mr. Halas as an elected afficial? MR. MOLLO: No., no.. No, no., no.. You, yau, yau. Watch the tapes af the city cauncil meeting. CHAIRMAN COYLE: Why dan't we tell the audience what you really said in the letter. Would you like to. -- MR. MOLLO: Yes, I'll tell you what. CHAIRMAN COYLE: Read it to. us. Read it to us. MR. MOLLO: Basically, the gist afthe letter was that I was cancerned with two. members af the city cauncil, the Naples City Council, being part af the blue ribban cammissian. CHAIRMAN COYLE: And why? MR. MOLLO: Pardan me? Page 93 January 25, 2005 CHAIRMAN COYLE: Why? Read it to. us. MR. MOLLO: Get my glasses. CHAIRMAN COYLE: Yau want me to. read it? MR. MOLLO: Pardan me? I'm reading it, yeah. CHAIRMAN COYLE: Okay. All right. MR. MOLLO: Dear sir and madam, I understand the charter -- the Blue Ribban Panel is abaut to expire and yau're about to vate to extend their charter. I wauld request you cansider all awing the charter to. expire and allow the caunty Park and Recreatian Advisary Baard to. take aver this matter. As yau knaw, two. members of the city cauncil and the CEO af the Canservancy are members afthis Blue Ribban Panel, the same peaple who. do. nat want input by the caunty cammissian regarding Naples Bay. I feel letting the charter expire wauld be in the best interest of the taxpayers af Callier Caunty, and all awing the Park and Recreatian Advisary Baard to. make decisians in the planning of the future af the praperties allawed by caunty residents. CHAIRMAN COYLE: And yau -- MR. MOLLO: Anything wrang with that? CHAIRMAN COYLE: Well, yes. The inference really is that yau didn't want them an there because they didn't fight aur -- MR. MOLLO: Oh, no., no. CHAIRMAN COYLE: Okay. MR. MOLLO: That's your -- yau braught it up. Let me finish. CHAIRMAN COYLE: Yau read it to. me. Y aur time has expired. MR. MOLLO: Oh, no., let me finish. CHAIRMAN COYLE: Y aur time has expired. MR. MOLLO: Okay. Well-- CHAIRMAN COYLE: Yaur time has expired. MR. MOLLO: -- yau're gaing to. have to. get the marshal to Page 94 January 25, 2005 thraw me aut. CHAIRMAN COYLE: Well, we can do. that. Sheriff? MR. MOLLO: Okay. What abaut the statement Mr. Sarey made in anather -- just a week ago., akay? CHAIRMAN COYLE: Okay. MR. MOLLO: His statement was -- CHAIRMAN COYLE: We're aut afsessian naw. MR. MOLLO: I guess yau dan't want -- I guess yau want to. walk away fram it. CHAIRMAN COYLE: We're-- MR. MOLLO: I guess yau want to. walk away fram it. MS. FILSON: Then do. yau want to. hear the next speakers? CHAIRMAN COYLE: No.. We'll hear them after lunch. MS. FILSON: Oh,akay. CHAIRMAN COYLE: It's almast 12 a'clack. (A lunchean recess was had.) MR. OCHS: Yau have a hot mic, sir. CHAIRMAN COYLE: Okay. We will cantinue with the item that we pastpaned at the time we taak aur lunch break. We have additianal public speakers? MS. FILSON: We have three additianal speakers, Mr. Chairman. CHAIRMAN COYLE: Okay. Will yau please call thase speakers? MS. FILSON: The first ane's Clarence Tears. I think he may have left. CHAIRMAN COYLE: And just far the recard, this is item 12A, continuing af item 12A. MR. PETTIT: Carrect. MS. FILSON: Kathy Prasser. She will be fallawed by Dan-- David Tetzlaff. MS. PROSSER: Gaad afternaon, members afthe cammissian. Page 95 January 25,2005 Kathy Prasser, president and CEO af the Canservancy af Sauthwest Flarida and the chair af the Blue Ribban Panel. I do. want to. make mentian, I think Clarence Tears was gaing to try and get back after an appaintment at naan, sa hopefully he'll be here soan. As you recall, I was with yau last manth at yaur regular meeting where I came to. give yau a 10-minute update an the great wark that the Blue Ribban Panel has been daing the past seven ar eight months, and to. my surprise, the discussian went an far, I believe, well aver an haur, and there were lats af things said that -- I think there was a last miscammunicatian all the way araund an this issue. Sa if yau wauld just allaw me for a minute to. backtrack and give yau my perception and belief af haw we've gatten to. where we are taday an this issue. In June af last year, caunty cammissianers held a workshap to. laak at the issue of haw we saved the zaa and the surrounding lands to the zaa. It was Commissianer Halas, I believe, who suggested that there be a Blue Ribban Panel established as a result af that warkshap, and that the peaple -- the citizens who. were at the warkshap sitting at the table with yau, which included me, David Tetzlaff, Bab Lee fram the caunty, J ahn Sarey -- I mean J ahn Lee fram the city, J ahn Sarey from the city, and athers, we were invited to. participate as members of a Blue Ribban Panel. As a result af that, we did. Caunty staff was instructed by members af the cammissian to pull this Blue Ribban Panel tagether and to. do. three primary things. Number ane, to. assist in passing the referendum; number two., to. identify additianal saurces af maney to supplement the manies from a referendum, wauld they be needed; and number three, to. give general ideas an haw the praperty might be used if the referendum passed and we were able to. purchase these lands. Caunty staff arganized that first meeting. And, in fact, caunty staff chaired the first meeting af the Blue Ribban Panel. And Page 96 January 25, 2005 members fram that warkshap of the public, including myself, were at that table as members af the Blue Ribban Panel. It wasn't taa lang after that that the county attarneys realized that maybe the staff -- it wasn't the best rale far staff to actually serve an the cammittee ar the panel, but that they should instead provide service to. the panel. As a result af that, I was elected the chair af the Blue Ribbon Panel, and county staff then maved into. a rale af facilitating aur wark. Since that time, the Blue Ribban Panel has aperated with thase members who chase to. jain. We served the public and believe we served yau. We did sa under the sunshine, even thaugh there was no. farmal requirement to. do sa, and that meant that the meetings were publicly naticed, that minutes were made and published fram thase meetings. In fact, the previaus speaker mentianed -- sarry. CHAIRMAN COYLE: Ifyau cauld wrap it up. MS. PROSSER: Okay. CHAIRMAN COYLE: The previaus speaker taak 15 minutes. MS. PROSSER: He did? Okay. Well, thank yau. CHAIRMAN COYLE: But I can't allow yau 15. MS. PROSSER: Okay. I'll be fast then. Just to. cut to. it then, the Blue Ribban Panel's been warking since last summer. And in my view and in the panel's view, we have accamplished to. date what we've been asked to. do.. Number ane, yau asked the referendum be passed. It passed. Number two., yau asked that identified saurces af maney be faund. We have identified additianal patential saurces af money. We have also. recammended the trust far public land be used to. facilitate this, and you have taken aur advice an that. We appreciate it. And number three, how the praperty might be used. Three cancepts were develaped far yau to. see. Sa we believe to. date we have dane exactly the jab we thaught we were daing an yaur behalf. And I will say that at aur last Blue Page 97 January 25, 2005 Ribbon Panel meeting last week, I palled members af the cammittee an whether ar nat they ever believed they were an the cammittee to. raise private funds fram individuals and foundatians. And to. a persan, every member said no., that their understanding was, we were to. identify gavernment pats af maney, and that is what we have done. So I think it's clear fram the Blue Ribban Panel that they feel they neither have the expertise nor the interest in being a fundraising arm af private funds far the caunty. Thank yau. CHAIRMAN COYLE: Thank yau, Kathy. And thank yau for the gaad wark the committee daes. MS. PROSSER: Yau're welcome. CHAIRMAN COYLE: Next speaker. MS. FILSON: The next speaker is David Tetzlaff, and he will be fallawed by -- I believe Clarence Tears has returned. CHAIRMAN COYLE: Yau'll be next, Clarence. MR. TETZLAFF: Mr. Chairman, Cammissianers, gaad afternaan. My name's David Tetzlaff. I'm directar of Naples Zaa. I'd just like to. make a cauple paints afyaur time taday. First of all, I agree that there were some charrettes far the praperty, and I'm in agreement with cammissian staff that we shauld hald aff an any further. But I'd like to. remind cammissian staff and the audience that the patential uses af the praperty did help sell the referendum. I think the public was laaking far ather uses besides a zaa, and we are in agreement with that. And the 73 percent passage af the referendum did accamplish what is really a three-part gaal far the zaa itself. First af all, it was make sure that the public would want to. help fund this facility; secandly, we'll need full acquisitian land, which that's part af what we're talking abaut taday; and thirdly is the nan-prafit status, which we're very clase to. filing. The ather thing I wanted to. ask is, what is the impetus far Page 98 January 25, 2005 wanting to. sa-called change harses mid-stream after the referendum has passed? And Cammissianer Henning, I'm assuming the suggestians came directly fram yau, sir, and it seems to. make the whale issue more camplicit (sic) when yau have publicly said that yau're a supparter af the zaa, yau're ane af aur members, and yaur campaign fliers, a picture af yau and daughter in frant af one af aur signs, sa I'm guesslng -- COMMISSIONER HENNING: I dan't have a daughter, sir. MR. TETZLAFF: Oh, I'm sarry' It laoked like a child with yau in the picture. I apalagize. COMMISSIONER FIALA: It's a san. COMMISSIONER HENNING: It's a san. MR. TETZLAFF: It's a san. I'm sarry' I apalagize. Sa why wauld yau want to. add ar change at this paint in time after the referendum's already passed? COMMISSIONER HENNING: Is that a questian far me? MR. TETZLAFF: Yes, sir. COMMISSIONER HENNING: Well, let me just say it takes mare than ane commissianer to bring samething an the agenda. It takes mare than two. It takes a majarity. My first cancern is, yau have the Canservancy right next daor. Even thaugh it's stated there is no perception ar a patential canflict of interest, I disagree with that. I know how impartant this is to the city council afNaples. Yau have two. members up there. I believe that's a canflict. I believe that there shauld be a wide based -- af participatian thraugh Callier Caunty since it is the Callier Caunty citizens that are gaing to. pay far this property, and I think that that shauld be appainted by the baard, and I believe that aught to. be under the sunshine law. That's my reasaning, and I'll stand on that. MR. TETZLAFF: Okay. Page 99 January 25, 2005 CHAIRMAN COYLE: Cammissianer Halas, do. you want to. hald yaur questian till after the public speakers? . COMMISSIONER HALAS: Yes. CHAIRMAN COYLE: Okay. Thank yau very much, David. MR. TETZLAFF: Thank yau. MS. FILSON: And your final speaker, Mr. Chairman, is Clarence Tears. COMMISSIONER FIALA: I knaw he was here. CHAIRMAN COYLE: He's coming in the back daor right naw. COMMISSIONER FIALA: Trying to escape, huh? MR. TEARS: Well, I'll keep it brief. All the time I was an this Blue Ribban Panel, I thaught I represented yau and the public. And I think that's mast impartant. And I think the public spake up when they said they appraved the $40 millian for this acquisitian. In additian, I think they felt the panel was well-raunded at that time to. loak at all the issues. And what we did was pravide same canceptual plans. This praperty has a lat af appartunity to. pratect the zao, provide same sart af central park for aur cammunity, in additian, deal with same af the water resaurce issues that we have. And I just -- yau knaw, I feel kind af bad being an the panel at this time because af all the issues created, but I think we did a gaad thing for our cammunity, and we need to. move farward and we need to. knaw what the figure is so we can get this acquisitian campleted. That's all I have. Thank yau. CHAIRMAN COYLE: Thank yau, Clarence. Is that all the -- MS. FILSON: He was yaur final speaker. CHAIRMAN COYLE: Okay. Cammissianer Halas? COMMISSIONER HALAS: I just wanted to. set the record straight. When I -- when we initially convened in the warkshap, I believe I said that what this cammittee -- that was gaing to. be a Blue Page 100 January 25, 2005 Ribban Cammittee ar a citizens' cammittee, we -- I specifically gave them directians to. laak far private danatians to. help affset -- I think that's what the recard states -- private danatians to. help affset the cast af this praperty. I just wanted to. make sure that that was clear. CHAIRMAN COYLE: Cammissianer Coletta, and then I want to. have a -- make ane camment. COMMISSIONER COLETTA: You want to. go. befare me? CHAIRMAN COYLE: No., no., not at all. Go. ahead. COMMISSIONER COLETTA: I just -- I just wanted you to knaw that the members af this cammittee are abave repraach. I'm never going to. questian that, and that they have served a tremendaus purpose. I want them to. knaw that I'm sure that all the citizens of Callier Caunty appreciate what they've dane; hawever, getting back to very big basics -- and this is ane af the things we want to bring back to. the cammissian to. try to. iran it aut in the future, it still is nat an afficial committee af the caunty. It still is -- it's autside the sunshine, even though sunshine laws are suppasedly being adhered to., it daesn't mean that this cammittee is. It still falls into. that gray area. I dan't understand what the prablem is af having this committee set up where it's gaing to. be in the sunshine, and I can almast assure you that -- I mean, that the peaple who. yau pick an it wauld not vary tremendausly fram the anes that are already an it. Y au'd see same changes maybe far a little mare cross-representatian af the caunty, but they're gaad peaple that are an it now, but it is nat an afficial entity of the caunty, and it could always be the -- it cauld also. -- it cauld be misinterpreted sametime in the future as to. what the intentians are. And Cammissianer Henning braught up same very goad paints about the sunshine laws and abaut the Canservancy being there. Daes that mean that the whale thing is carrupt? No., far fram it. But still, perceptian. Perceptian's what we're dealing with here, and that's a big Page 101 January 25,2005 concern far me. I dan't think there's a prablem with the directian that we've gane so much in the past. It's just how we're gaing to. handle it at this paint. I think that we shauld go. thraugh the farmal aspects of farming a regular cammittee that can deal with this under the sunshine of the caunty and be recagnized by the caunty and we can mave farward with it. I dan't think it wauld take all that lang to do, especially if we put it an the fast track. CHAIRMAN COYLE: I wauld like to. see if we cauldn't deal with this an a palicy basis. If the majarity af the cammissian wants to. have an afficially-designated advisary cammittee, I dan't have a prablem with that. But let's take a little bit af time, at least, to. laak at a standardized palicy far handling this. I mean, these prablems didn't came up when we created this cammittee. Why nat? Yau knaw, we knew that the cammittee was being created, we knew who was an it. We get their minutes, we attend their m~etings if we wish to.. We knew abaut this cammittee all along. Naw, suddenly, there is a prablem. And I wauld suggest to you that we have ather cammittees in Collier County in exactly the same situation. And if -- what we need to. do is to have a palicy so that we don't get into. this contraversy in the future. Sa I wauld like to. ask the cammissianers to. cansider instructing the staff to. came back to us with a specific recammendatian abaut the policy af all advisary cammittees in Callier Caunty government and to. handle all af thase in a unifarm way and to. provide us with same more detail abaut specifically what we're gaing to. ask this cammittee to do.. And if we do. that, I think we can probably get unanimaus suppart af it. But we're nat prepared taday to. really tell this committee what it is they should be daing. Haw shauld the representatian be selected? Shauld they be ane fram each Page 102 January 25, 2005 cammissianer district ar shauld they be appartianed in same ather way? We dan't knaw the answers to. thase questions. And I wauld ask that we just direct staff to. came back with a specific recammendation concerning a palicy gaverning all cammittees advising the commissianers and to pravide specific directian abaut what this particular cammittee wauld do., and at that time we could cansider adapting it. And I'll make that a motion. COMMISSIONER HALAS: I'll secand that. CHAIRMAN COYLE: Okay. We have a mati an an the floor, and a secand by Cammissioner Halas. Is there any ather discussian? Of caurse there is. There's Cammissianer Fiala. COMMISSIONER FIALA: Yes, thank yau. I just want to. go an recard here to. say that I knaw that same peaple have perceived that some peaple might have a canflict of interest, but when yau think af David Tetzlaff, far instance, ar Kathy Prasser, they know their praperties better than anybady else, and I think they knaw the pluses and the minuses. And I think they're nat anly an impartant, but an integral part of that committee. I'd hate to. see them go.. Yes, they have same -- they have interests because they're right there, but they also. have the drive because they're right there, and I think that's impartant. One af the things that I think -- thraw in a red light was that the city cauncil peaple were there. I didn't knaw why that was. I didn't realize elected afficials could be on there, not that anybody didn't allow that to. happen, but -- then I thaught, well, if city afficials are an there, then maybe caunty afficials -- and then I thought, no., that's kind af silly. I just -- I didn't knaw. I hope there was no. -- skip that. I just -- I just think that cammittee's gaad, as I knaw it, but I didn't -- we didn't get anything in the material to. tell us who. all was an there either. Sa I can only -- I anly know af Kathy and David, and I think they're wanderful an there. I knaw the city cauncil people, and Page 103 January 25, 2005 that was it. I wanted to. make a camment on yaur mati an, and that is that I think same cammittees -- do. all cammittees have to. go. under the county rule? CHAIRMAN COYLE: Well, they dan't have to., and I think that's the prablem. This is at least the secand time in the past several manths that we've had this kind af disagreement on the board abaut who shauld and who. shauldn't be. And I -- what I'm asking staff to. do. is to. came to. us with recommendatians abaut haw we make thase determinatians, because the last thing yau want to. do. is create a cammittee and then get into. a disagreement abaut whether ar nat you created it praperly. Let's develap same guidelines sa that we make the right decisions the first time. COMMISSIONER FIALA: One thing abaut same cammittees that dan't have to repart to. us immediately but are apen to. anybody who. wants to. came, and publicly advertising, I think then it daesn't stifle their creative juices. Yau knaw, they can really think and they can -- yes, they can talk to. ane another. But, you knaw, a lat af times I wish I cauld talk to. ane af yau guys just to. get yaur input so it helps me, but I cannot, and it might help them. Anyway, that's -- CHAIRMAN COYLE: But I think the staff cauld take that into. cansideratian and pravide us same guidance as to. how we cauld differentiate under thase circumstances. Cammissioner Halas? COMMISSIONER HALAS: I think we've got a cauple afissues here. We've gat this particular issue we're talking abaut. But right naw, the -- we dan't even have any idea what the prapasal is for the price af this praperty. And, af caurse, the appraiser, I believe, had same difficulties. He had a death in his family. And maybe what we aught to. do. is just place this an the table for a periad af time and then bring it back later. CHAIRMAN COYLE: Commissianer Henning? Page 104 January 25, 2005 COMMISSIONER HENNING: I just want to. make you aware af -- yaur mati an daesn't address the issue that's an aur agenda, and I'm just asking if yau're gaing to. address that after the motian has been vated an. CHAIRMAN COYLE: Commissianer Henning, yau made a mati an to. apprave the item an the agenda, and yaur mati an died far lack af a secand, sa there is no. mati an to. apprave what's an this agenda, and there is an alternative matian an the flaar to. instruct staff to. came back to. us with a recammendatian abaut samething that will wark. COMMISSIONER HENNING: Well, there is ather alternatives to. address the issue an the agenda, either a mati an to. deny ar mati an to. cantinue. CHAIRMAN COYLE: There is a mati an an the flaar. And is there any further discussion? COMMISSIONER HENNING: Nat to. address this issue. CHAIRMAN COYLE: Is there any further discussian? (No. respanse.) CHAIRMAN COYLE: Then I'll call the matian. All in favor af the mati an to. instruct the staff to. came back to. us with guidance abaut haw we make these determinations sa we can make them in a prafessianal and infarmative manner, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: All appased, signify by like sign. (No. respanse.) CHAIRMAN COYLE: It is unanimaus. Okay. Thank you very much. Page 105 January 25, 2005 Caunty Manager, where are we at this point? MR. MUDD: Cammissioner, we are finished with the time certain items. There were several peaple this morning that were here far item lOA, which had to. do. with the Santa Barbara/Lagan issue. CHAIRMAN COYLE: Let's get that dane sa these peaple dan't have to. wait any langer. MR. MUDD: And then we'll go. straight into. item -- agenda item number 8, which will be the land use particular issues. CHAIRMAN COYLE: Okay. That's fine. Thank you. Item #10A A PRESENTATION OF RECENT ANALYSIS AND RECOMMENDATION OF CONTINUING WITH THE CURRENT DESIGN FOR SANTA BARBARA WHICH INCLUDES WIDENING TO SIX LANES FROM DAVIS BOULEVARD TO GOLDEN GATE PARKWAY AND REBUILDING A FOUR LANE ROADWAY IN A SIX LANE RIGHT-OF-WAY FROM GOLDEN GA TE P ARKW A Y TO GREEN BOULEVARD WITH A SLIGHT REVISION TO THE GOLDEN GATE PARKWAY INTERSECTION TO INCLUDE THREE NORTHBOUND LANES FOR A SHORT DISTANCE TO HELP THE CURRENT AND FUTURE OPERATIONS OF THIS INTERSECTION- MR. MUDD: This is item lOA, and it's a presentatian af recent analysis and recammendatian af cantinuing with the current design for Santa Barbara, which includes widening to. six lanes fram David Baulevard to. Galden Gate Parkway and building a faur-Ianed road of -- raadway in a six-lane right-of-way from Galden Gate Parkway to Green Baulevard with a slight revisian to the Galden Gate Parkway Page 106 January 25, 2005 intersectian to. include three narthbaund lanes for a shart distance to. help the current and future aperatians af this intersectian, and Mr. Narm Feder, the transpartatian administratar, will present. MR. FEDER: For the recard, Norman Feder, transpartatian administratar. Cammissianers, I'll seek to. be brief an this. Back an N avember 30th, we braught befare this baard a candemnatian resalutian. That candemnatian resalutian was cansistent with directian fram the baard that had been develaped aver a number af public meetings that were held in 2002 and culminated about 20 manths ago., abaut April af2003, when we came to. this board and agreed that what we wauld do. is establish six lanes within a six-lane right-af-way sauth af Galden Gate Parkway an Santa Barbara fram Galden Gate Parkway dawn to. Davis. With the new interchange at 1-75, the imminent need far that impravement was quite obviaus and cancurred at that time and has cantinued to. be an item that we present to. the baard that we needed to proceed. The sectian fram Galden Gate up to. Green requires reconstructian af that raadway sectian. Specifically there are major drainage prablems. It daes nat have bike paths, sidewalks, other features, and the raadway basically is down to. the base in many areas, washbaarded. We prapased at that time and continue to. prapase that we purchase six-lane right-af-way far that sectian fram Galden Gate to. Green, and then construct a faur-Iane cross-sectian with all the other features that I mentianed and to. address the drainage within that six-lane right-af-way and with a wide median that will allow for future expansian to. six when the need carnes, and I'll address that in a minute, but initially allawing for side street access to. be maintained, especially with large trailers, as we found aut that we're dealing with in that cammunity, thraugh the public meetings. N arth af Green Baulevard up to. Pine Ridge, this board had asked Page 107 January 25, 2005 us nat to. pursue any right-af-way acquisitian but to. acquire same right-af-way araund the Pine Ridge intersectian to. be able to. make improvements at that intersectian. We've restudied that. We concur that at this time -- we had tald you initially it was abaut 2011, 2012, the need far six-Ianing. We've laaked at that. As I said, it was back in April af 2003. When we came to. the baard at that time, yau asked us to. bring Parsans Brinckerhoff, anather consultant -- aur designer is WilsanMiller -- Parsan Brinkerhaff anboard to. reevaluate the numbers, to. take recent impravements, factar into. that the madel, reassess, and as well, to. laok at nan-canventianal intersectian design aptians. They did all af that, they did the reanalysis af the data, they warked with staff, they warked with WilsanMiller, and aur cancurrence is, right naw 2014 is the date that we're laoking at af which we'll need six lanes north af Galden Gate up to. Pine Ridge. With that in mind, again, we're nat recommending at this time that we pursue six lanes. Let me get that aff the table. Weare recammending that we cantinue, as the baard direct us, to. go six lanes sauth af Golden Gate, and a six-lane right-af-way, faur lanes with amenities fram Golden Gate to. Green, but based an the 2014 need far six -laning, we do. not recammend buying 24 parcels, 16 of which we'd have to. go. back to. again at Pine Ridge to. do. the ultimate intersectian canfiguratian in a faur-Iane crass-sectian. Sa then the aptian, if we dan't want to. buy twice in that area, is either to. buy the six-lane right-af-way far thase 24 ar to. buy six lane far the full sectian. The last aptian is the ane we're recammending, and that is to make same interim impravements with carner clips at that intersectian, cantinue to. monitor it based an the expansian af Lagan to. the narth up to Banita Beach Raad and Santa Barbara to. the sauth and a faur-Ianed crass-sectian from Davis dawn to Rattlesnake Hammack Page 108 January 25, 2005 and manitar that aver time. So we recagnize it is residential area, but we also. recagnize that it's been part of the lang-range plan. It is ane af the limited number af narth/ sauth arterials that exist in the caunty, and it has been designated as such, and the madel clearly shaws that while Livingstan Raad has pravided same relief -- that's why we're telling yau rather than 2011, 2012, we're laaking at about 2014 -- that that need is still there. Basically this is getting yau to. about the midpaint af the planning harizan af 20 years befare that need carnes farth, and we feel as lang as we can mave an that withaut impasing upan the residential area and cantinue to. evaluate it, we shauld do. that. Sa in effect, aur recammendatian is to. stay exactly -- pretty clase to. exactly where you were in yaur prior action an the resalutians and cammitment to. the community, the anly exceptian being a minar change as was noted there at Galden Gate to. allaw the three-lane northbaund merge just narth af the intersectian all the way up to. 1,200 feet to. Painted Leaf, and then secandly, to. do. interim impravements at the intersectian afPine Ridge, nat to. buy right-af-way twice. CHAIRMAN COYLE: Narm, before we begin the discussian an this, I wauld like to. clarify the pasitian a bit mare to. make sure everybady understands exactly where we are. MR. FEDER: Of caurse. CHAIRMAN COYLE: We made a decisian a year ar sa ago and we pravided directian to. staff. MR. FEDER: Carrect. CHAIRMAN COYLE: And yau've said that what yau're proposing taday is to. stick with that decisian we made at that paint in time with the exceptian af certain changes. MR. FEDER: Same minor changes. CHAIRMAN COYLE: Okay. Can you give us samething visual that will infarm the public abaut what thase changes are sa that we'll Page 109 January 25, 2005 have an apprapriate baseline for aur angaing discussian? MR. FEDER: Try the ather way. I will try to. do. that, Cammissianer. Essentially what we've agreed to., as you see an this graphic right here, what this shaws yau is the existing number af lanes, haw many are built taday and what right-of-way. And essentially, this is giving yau the averall Lagan and then Santa Barbara fram the caunty line all the way dawn, and this is what was presented to. yau, as yau mentianed, aver a year ago., in the decisian pracess. We're recammending basically the lane calls exactly as was previausly appraved, and that is fram the sectian fram Galden Gate dawn to. Davis, past Radio. and to. Davis, that we purchase six lanes af right-af-way and do. canstruct a six-lane crass-sectian, and that need is imminent. That in the sectian fram Galden Gate narth up to. Green Baulevard, that we purchase six lanes afright-af-way but anly canstruct a recanstructed faur-Iane with all the apprapriate features and drainage impravement. That fram Green to. Pine Ridge, we nat undertake any praj ect taday except -- and this is a little minar madificatian -- except far minar intersectian impravements, basically to. take what wauld be yaur eastbaund an Pine Ridge right and do. a carner clip to. address that right turn a little better, and then to. extend with clasure afthe median prabably abaut 10th, the left turn narth, putting in a dual left turn with a langer starage to. regain that thraugh lane there at Pine Ridge. Sa essentially we're propasing, as I said, essentially the same. The anly madificatian is a slight madificatian dawn within the right-af-way that we'll have just narth af Galden Gate to. have the merge fram three to. two. happen just narth af the intersectian to. help that intersectian functian better, and then not to. buy right-of-way far what would be the ultimate turn lanes but nat the ultimate thraugh Page 110 January 25, 2005 lanes at Pine Ridge as had previausly recammended, because then we'd have to. buy right-af-way twice, and that makes very little sense. Does that answer yaur questian, Cammissioner? CHAIRMAN COYLE: I think sa, Narm. Everything is the same except intersection impravements at Green Baulevard? MR. FEDER: No., at Golden Gate. We'll be merging narth af Galden Gate rather than having the merge at the intersectian. CHAIRMAN COYLE: Okay. MR. FEDER: A shart distance narth of there wauld carry the three-lane up to. abaut Painted Leaf and drap it there. CHAIRMAN COYLE: Then let's divide it into. two. -- and I'm sarry far taking the time. I need to. make sure -- MR. FEDER: That's fine. I want to. make sure it's very clear, yes. CHAIRMAN COYLE: Let's divide it into. two. parts. Let's set aff right-of-way acquisitian till later. MR. FEDER: Okay. CHAIRMAN COYLE: Let's deal with the questian afwhat are yau gaing to. build that is different fram what we agreed to. aver a year ago. MR. FEDER: The anly difference fram what we agreed to. a year ago is that at the Santa Barbara/Galden Gate intersectian, we were gaing to. canstrain the laneage, the three lanes, narth af Galden Gate to. two. lanes in each directian. What we're prapasing is that an the narthbaund we add a third lane, much like we have in the southbaund, narth af the intersectian far about 1,200 feet, all awing the Galden Gate intersectian to. aperate mare efficiently. Sa the merge, in effect, accurs narth af the intersectian as appased to. at the intersection itself and we get better operatians. Sa it's a very minor change at that intersectian. CHAIRMAN COYLE: Okay. And that's the anly change? MR. FEDER: And then the anly other change is at the Page III January 25, 2005 intersectian at Pine Ridge, of Logan and Pine Ridge, where instead of gaing in and daing the ultimate, design yaur turn lane canfiguration within faur thraugh lanes and canstraining aur right-af-way acquisitian, to. anly, basically, a crass-section af faur thraugh lanes, and then having to. came back later and redo. all that when you went to. the six-lane thraugh-Iane configuratian, we're prapasing to. do carner clips, very little right-af-way take, and do. interim impravements there to. meet the needs and continue to. manitar, see if we need a majar intersectian impravement ar nat. CHAIRMAN COYLE: But no. widening? MR. FEDER: No. widening. CHAIRMAN COYLE: Nathing at all? MR. FEDER: No. additianallanes narth afGalden Gate. CHAIRMAN COYLE: Okay. Narth afGalden Gate? MR. FEDER: No. additional thraugh lanes. CHAIRMAN COYLE: Okay. No. additianal thraugh lanes, akay. Naw let's switch to. right-of-way purchase. How has our right-af-way purchase varied fram the guidance we affered a year aga? MR. FEDER: The anly difference fram actually yaur actian on Navember 30th, at the candemnation resalutian would be we wauld nat pursue the 24 parcel at the Lagan/Pine Ridge intersectian, rather we'd pursue a cauple af limited parcels an carner clips to. do. an interim improvement. CHAIRMAN COYLE: Okay, gaod. I think I understand. Thank yau very much. Cammissianer Henning? COMMISSIONER HENNING: Mr. Feder, the intersection impravements that yau're stating at the intersectian af Pine Ridge and Lagan, I'm sure yau feel camfartable it will help taday's traffic, but will it help the traffic aut in the next eight years? Will it salve the Page 112 January 25, 2005 prablem? MR. FEDER: It will nat salve the prablem, nar wauld have faur-Iane, even with all the turn lanes, because in 2014 we needed the six thraugh, sa that's why we're saying that, rather than buy the right-af-way twice, rather than start and acquire a majar partian af six-lane taday, that we do. an interim improvement and cantinue to manitar it. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: Gaod. Any ather questians? Yes, Cammissianer Caletta? COMMISSIONER COLETTA: Sa what we're daing is we're being realistic in the fact that this facility isn't gaing to. be needed till 2014, sa why tie up maney that can be used ather places in the caunty naw to. be able to. do. these impravements that will gain us very little as far as what's needed naw, be able to. use those manies ather places, but to. recagnize the fact that there is a paint in time that this will have to. be a six-Ianed facility? MR. FEDER: Precisely. While we'd lave to. get ahead afthe curve, the $3 millian in right-af-way, appraximately abaut a millian in additianal intersection canstruction costs, that $4 millian, we have too. many ather needs that are taday needs, already existing needs, to. go aut in advance of this need. Althaugh it is caming, althaugh it's abaut halfway into. aur planning harizan, abaut 2014, it gives us the appartunity to. take that 4 millian, as yau painted aut, Cammissianer, and use it an ather needs that exist taday. COMMISSIONER COLETTA: And also., taa, we're reserving the aptian to. either extend the time ar shorten the time as the need comes up sa that we can adjust far what has to. be dane? MR. FEDER: Definitely. We will cantinue to. manitar it. Ifwe find aut it's 2016, we wan't try to. pursue it faster. Ifwe find aut it's 2012, we'll try to. came back to. yau and make sure yau're aware af that. Page 113 January 25, 2005 COMMISSIONER COLETTA: But it cauld be as late as 2020, if everything went ane directian, ar it cauld be a cauple years earlier? MR. FEDER: Actually the sectian, prabably Green dawn to. Galden Gate, persanally, I'll tell yau, will probably came a little bit earlier than the 2014, but we'll cantinue to manitar. The sectian between Green and Pine Ridge, it might be a little bit langer than 2014. COMMISSIONER COLETTA: And yau'll be caming with continuaus updates to. this cammissian in the MPO? MR. FEDER: Exactly. And it's as we make ather system improvements. Because just like to. day , a lat af the feel is, well, traffic's dawn a little bit an Santa Barbara and Lagan. Of caurse it is. We went beyand the specific need far faur lanes in mast sectians af Livingstan Raad in initial apening and went to. six. We had added considerable narth/south capacity, and that was goad, and didn't come back twice, and we didn't have those costs, and we had a new alignment. That has helped nat anly this facility but athers, at least to. nat experience the cantinued growth rate they're experiencing. Mast af them didn't get a decline. This ane's gotten a little bit af a decline, especially since it daesn't extend right naw farther nar further sauth, but thase are caming, and impravements to. Green, sa we'll cantinue to monitar all the netwark in this area. CHAIRMAN COYLE: Naw Cammissianer Halas? COMMISSIONER HALAS: Yes. Narm, at taday's prices, as far as acquiring land, do. yau have any idea af what we're loaking at at 2014 as far as land acquisition prices? MR. FEDER: Staff -- abviausly this is based an an educated estimate -- is laaking at it. One af the reasans we made this recammendatian to. try to. use the faur millian elsewhere, the three millian far right-af-way, is that yau've gat a develaped sectian between, abviausly, Green and Pine Ridge. It's a very stable Page 114 January 25, 2005 neighbarhaad, as many peaple here, I'm sure, are gaing to. be telling yau, and a nice neighbarhaad. While it will continue to. appreciate, it wan't appreciate maybe as __ in a valatile nature as same af the other carridars we're dealing with. We're laaking at our estimate right naw, to. answer yaur questian, is abaut 500,000, a half a millian dallars af appreciatian if I get out to. abaut the 2012 time frame when yau laak at getting the right-af-way, ifyau're gaing to. try to. address the 2014, 2011, 2012. Sa about $500,000, sir. COMMISSIONER HALAS: Per-- MR. FEDER: No., far the full acquisitian afthe -- same 40 add parcels that are between Green and Pine Ridge, ar just narth af Pine Ridge. COMMISSIONER HALAS: Okay. Thank you. CHAIRMAN COYLE: Haw many public speakers do. we have? MS. FILSON: Six. CHAIRMAN COYLE: Okay. MR. FEDER: Mr. Chairman, ane last thing I wanted to. present to yau. Obviausly what I tried to. do. is focus my directian an what yau asked, and that is just evaluating the difference fram where we were and what we had appraved. There were a lat af issues about data prajectians. We'll be happy to. respond to. thase. I think we're probably nat hitting apples and apples. But nanetheless, I didn't feel that was necessary unless yau desire that. After the public speakers we'll be happy to. respand. CHAIRMAN COYLE: If same of the speakers raise that issue, we'll ask yau to. present that infarmatian, but I'm inclined to. take the public speakers at the present time. I wauld ask thase af yau who. are speaking to. please take into. cansideratian the staffs recommendatian today, that there's nat much af a change fram the decision that was made almast a year ago. and Page 115 January 25, 2005 that yau shauld nat assume that because this is an the agenda, that Santa Barbara is gaing to. be six-laned all the way up. It's nat what the staff is recammending. Sa please take nate af the relatively minar changes that are anticipated here and try to. address yaur cancerns to. thase. And we'll take the first three? Okay, three peaple. MS. FILSON: No, I'm sarry. There's six peaple. I'm asking about the time. CHAIRMAN COYLE: I'm sarry? MS. FILSON: The time. CHAIRMAN COYLE: Five minutes. MS. FILSON: The first speaker is Dan Schummer. He will be fallawed by Shelby Jackab. CHAIRMAN COYLE: Mr. Schummer, I'd like to. remind yau af our agreement earlier to. day . Yau spake far 15 minutes an this issue before. Will yau please nat be repetitive? MR. SCHUMMER: I want to get back to. my presentatian. I noticed same resentment that I want to fallaw the agenda item, and I naticed same metered ( sic) resentment about that. My whale purpase in being here was to. have yau recansider the mati an that was passed an 11/30. And cantrary to. what Mr. Feder says, that mati an was full six lane fram Parkway to. Pine Ridge. Naw he's saying that it's samething different when we get -- when we talk abaut Santa Barbara Baulevard. Yau knaw, when that first came to light many years ago., that was suppased to. run fram U.S. 41 all the way up to. Lee Caunty line. Yau knew that wasn't gaing to. fly thraugh Lely, and it didn't. So naw they've cut that aff at Rattlesnake Hammack. Everybady seems to. refer to Livingstan Raad as parallel with Santa Barbara. There's as much difference as between day and night between thase two. raads. Livingston Raad goes sameplace. It was suppased to. go. to. Davis, but palitics stapped that at the Radio. Raad. Page 116 January 25, 2005 It's gaing all the way up to. Daniels Parkway. Lee Caunty's living with their cammitment. It's gaing all the way to Daniels Parkway by 2009. There's no. private driveways caming aut anta Livingstan Raad, no private driveways. It did nat go. thraugh a residential district. There's same residential districts have built up there since then, but it did nat go. thraugh a residential district. The ather thing that is very impartant is the cast. Mr. Feder refers to. the cost. You knaw, cement is gaing up, bracket is going up, if yau can buy it, and we have to. think af ane ather thing, very impartant, litigatian. If yau go. with going fram ane fram like a seven-class raad to. a three-class raad we're yau're talking abaut six lanes, yau've gat multiple prablems that's gaing to. cause same litigatian. And with that, like I say, yau're gaing to. have faur lanes here, then yau're gaing to. have six lanes. When yau get to Pine Ridge, it gaes into. two. lanes. Get to. Vanderbilt Beach Road, it's suppased to go to. faur lanes. There isn't enaugh raam in there to. go to. faur lanes, and, again, it's thraugh a residential. I thank yau far listening. CHAIRMAN COYLE: Okay. We'll have Mr. Feder come back up at the end af these presentatians and try to. clarify that issue if there's any misunderstanding, akay? MS. FILSON: The next speaker is Shelby Jackab. She'll be fallawed by David Labdell. CHAIRMAN COYLE: Are yau a registered vater, Shelby? MS. JACKOB: No., I'm nat 18 yet. CHAIRMAN COYLE: That's akay. You can speak anyway. MS. JACKOB: Hello.. My name is Shelby Jackab. I'm 13 years aId, and I live an 1301 Lagan Baulevard. I am speaking in the behalf afthe peaple in my community, including the children. Six lanes are nat needed. Why, yau ask? Well, my biggest cancern is the build-up in the raads, which build-ups can lead to. Page 11 7 January 25,2005 accidents. Also., it's especially dangeraus far me, and the children, while I'm waiting at my bus stap and cars are just like zaaming by. It's hard enaugh when aur bus staps to. pick up the children now. Think af haw the traffic will be when we six -lane it. Also., I see peaple drag-racing dawn the raad. One ward, dangeraus. Imagine when we six-lane it. There are ather raads that need six lanes way mare than this raad. Trust me. Also., think af the people that live in the raad -- live an the raad. Do they really want it? Obviausly nat if we're prate sting against it. Same peaple say change is good. And I've lived an Logan all my life. And the peaple -- I've talked to. the children in my cammunity. And if yau six-lane it, it will nat be a safe change. So think abaut what I've said, and please occur it into. yaur mind, and thank yau far yaur time. CHAIRMAN COYLE: Thank you, Shelby. (Applause.) MS. FILSON: The next speaker is David Labdell. He will be follawed by Brenda DeJang. MR. LOBDELL: Gaod afternaan. My name is Dave Labdell. I'm the current president af the Lagan/Santa Barbara Civic Assaciatian. A cauple camments on what Mr. Feder said. There are same significant changes in his plan there. As far as we're cancerned, a six-lane right-af-way is a six-lane highway. It's just up to. yau folks when yau pave the ather two. lanes, and that's our biggest prablem with this plan right now. Same af the most impartant changes are in the statistics an traffic caunts and what's really gaing an in that neighbarhaad. And the prajectians fram as lang as five years ago are praving to. be nearly half of what they said they were gaing to. be. Sa that tells us that the necessity to. ever six lane this raad really Page 118 January 25, 2005 isn't there, particularly when yau laak at the fact that the service that's gaing to. be available an that road narth afVanderbilt Beach is gaing to. be minimal, and to. my knawledge there is no. plan for anything sauth af Davis Baulevard right naw. And even if there was, with what happened dawn araund Lely, that's gaing to. be very limited, if ever anything. Sa the issue to. us is credibility, credibility af this cammissian nat anly to. the residents af Santa Barbara/Lagan, but to. residents araund the caunty. There are same significant changes in that plan. The six lanes crassing aver narth af Galden Gate Parkway was nat in the plan last year. And to. us, that's a signal that it's just going to. blaw right an up the raad. And we dan't see the necessity to spend any maney an the right-af-way naw because the traffic projectians just do. nat support it. I'm sure Mr. Feder may argue that point with me, but the numbers are there. They're the caunty's numbers. We've laaked at them. We've been pravided with them. Mr. Schummer spake to. that earlier abaut, the daily trips are significantly reducing every year as ather avenues are supparted araund us, apening af Livingstan. Yau knaw, aur neighbarhaod, there have been some comments aver the last cauple years fram same af the WilsanMiller staff and even same of the transpartation staff that the residents lack the education ar credentials to. really understand why we need this six-lane highway. But, yau knaw, what braught us aut against this raad was the extent af the faulty data used to. justify the raad in the first place. So that really shaws us that, perhaps same afthe peaple that came up with this -- these figures aren't, yau know, any mare skilled than we might be. But aur neighbarhaad is full af educated, talented, professianal peaple who. have warked very hard to. present yau well-researched reasan why this six-lane road is nat needed. All we need is a four-lanee Page 119 January 25, 2005 raad with praperly designed intersectians. On Navember 16th, 2002, JeffLytle shaw, Jeff asked Mr. Henning if the six-laning af -- ifhe favored the six-Ianing af Santa Barbara/Lagan. Mr. Henning respanded, the residents demanstrated-- and this is a quate -- the residents demanstrated to. the Baard af Caunty Commissianers that six-Ianing is setting up a dangeraus situatian. The design afthe six-lane is terrible, end quate. On December 12th, 2004, Jeff asked Mr. Henning abaut the possible change back to. six lanes after the Navember 30th meeting, and Mr. Henning respanded, I want to hear what the peaple have to say. Well, we've been saying laud and clear far two. years, sa I don't think we need to. keep telling you where we're at with this. Like I said, traffic caunts are dawn 25 to. 30 percent af what was projected to. be happening right naw, and it's nat happening. And in clasing, as impartant as the fact that there is proaf beyond a daubt that we do. nat need a six -lane highway narth af Galden Gate Parkway thraugh aur residential neighbarhaad, there's the issue of aur children's safety, samething Shelby tauched an. I live an 12th Avenue Sautheast. I have two. yaung children. The last thing we need to. do. is induce mare and higher speed traffic into. this neighbarhaad where all aur kids wait far the schaol bus, marning and night. I wait with my six-year-ald daughter at 7:25 in the marning, and I wander haw adversely a six-lane raad wauld affect this situatian naw. It's dangeraus enaugh as it is. And I think peaple all araund the area are waiting to. hear the autcame afthis, and we feel very strangly that this six-lane right-of-way will never be needed. And please stand behind the pramises yau've made to. the gaod peaple of this neighbarhaad. Thank yau. MS. FILSON: The next speaker is Brenda DeJang. She will be Page 120 January 25, 2005 fallawed by JeffPravenzana. CHAIRMAN COYLE: Laoks like yau're up, Jeff. MS. FILSON: He will be fallawed by Raberta Grathause. MR. PROVENZANO: Gaod afternaon, members of the baard, citizens af Callier Caunty. My name is Jeff Pravenzana, far the recard, and I do. live an Lagan Baulevard. I'll make this short and brief. I did ask far same extra time, but I think everybady has dane a pretty gaad jab. And I think what's really happened here is fram the three years ago that we started to. battle -- and I think Narm has finally admitted, not totally what we expect him to admit, which I'm gaing to. elabarate an here in a minute, but at least we're getting dawn that way naw to. where it just sa happens that the madel was wrang, and that's nat to. say that it was wrang thraughaut the caunty. Same places the model averestimated and same it underestimated. Sa anyway, while we're here taday -- I hate to. come back up here next year ar the year fallawing and go. thraugh all this again, sa I'm just gaing to. give yau the -- give yau the numbers. Yau can see the chart up there. That chart, there's two. highlighted traffic caunts. You've got the -- highlighted an Logan sauth afPine Ridge Raad. That's statian 588. And yau've also. gat the ather highlighted sectian of the traffic caunts aver the last five and a half to. six years, yau've gat fram Galden Gate Parkway north to. Green, which cavers that whale sectian between the Parkway and Green. As yau can see, ifyau take the five-year scale, thase numbers have either remained the same ar decreased. Naw, here's a -- I just had somebady fram the news team do a devil's advacate, and they asked me, says, how can yau defend the fact that with all the grawth in Callier Caunty, mare traffic will nat be using Santa Barbara/Lagan in the future? Well, here's what I gat to. say to. that. We've had ane hell af a Page 121 January 25, 2005 grawth rate in the last five years. And aver the last five years, laak at the numbers up there. They have nat increased. This particular residential area, we've gat a unique situatian, and especially with the new interchange caming anta Galden Gate Parkway, we're laaking at anather 20, 25 percent decrease in the traffic beyand the numbers that yau see right there, and it's very simple. Yau dan't have to. be an engineer. All's yau've gat to. do. is get in a car and fallaw the traffic. That traffic, that cames dawn Santa Barbara/Logan fram the sauth to. get to. the Pine Ridge interchange an 1-75. Once the interchange an the Parkway is apen, we're going to. lase all that traffic. Now, I want to. get to. the future because the -- there is histarical facts in the future, and I'm just going to. try to. get this dane in five minutes. I hape yau give me another minute. I fargat we have an operatar naw. What I'm shawing yau right here, these are the mast recent traffic caunt numbers in Braward Caunty. Braward County, believe it ar not, is very similar in a lat of ways to. Callier Caunty. And what this shaws you is aur future, basically. What yau see highlighted right there is 1-95. 1-95 right naw, and depending an what segment yau're on, averages between 250,000 to. 300,000 cars a day. Yau take the parallel raads similar to. Santa Barbara/Lagan that run parallel with all that traffic and all the millians af mare people there than we've gat here taday, and yau're gaing to. see the same -- average the same amount -- the same traffic caunt as we have alang Santa Barbara/Lagan, which yau just saw earlier. And I think histary is -- you knaw, yau can laak at -- you can laak at these traffic caunts, and this is pretty much what's gaing to. happen. F arget abaut all this, we'll never became a Ft. Lauderdale ar Miami. Well, we passed that paint. We're well an aur way to tatal pavement here. Page 122 January 25, 2005 Sa anyway, my paint, with these charts that I just shawed to. day , is I hape we dan't came back here, because at the ariginal meeting an April 16th, the warkshap meeting where everybady appraved this, if yau look aver the films, it was -- Mr. Coletta even had the understanding when he said, I cauld live with that, was that this was gaing to. be braught up prabably abaut five years fram naw. Yeah, we were gaing to. laak at yearly -- at the yearly annual update, we were gaing to. laak at the numbers, but we weren't gaing to. bring this back up far another five years to. see what was gaing to. happen. Naw, I'm haping taday that samehow we can have an agreement that we're nat gaing to. bring this back up again after the new interchange apens, and let's see what happens with the numbers fram there. That's basically it. I think I gat it pretty shart there far yau, Mr. Cay Ie. CHAIRMAN COYLE: Thank yau very much. Gaodjab. Thank yau, Jeff. MS. FILSON: Yaur final-- I'm sorry. Were yau gaing to say something? CHAIRMAN COYLE: No.. MS. FILSON: Yaur final speaker is Raberta Grathause. UNIDENTIFIED SPEAKER: She had to. leave. She was gaing to. try to. get back. She's nat here yet. I guess she didn't make it. MS. FILSON: Okay. That's the end afyaur speakers. CHAIRMAN COYLE: That's it. Cammissianers, do. yau have any questions? Cammissianer Fiala? COMMISSIONER FIALA: Yes. I'd just like to. -- I don't have any questians. I'm glad to. see that Narm gave us this -- gave us this recommendatian. I agree with it. I think it's gaad that he'll maderate thase -- or I Page 123 January 25, 2005 dan't know if that's the right ward ar not, far thase different intersectians, to. improve them to., at same paint in time, 2014 ar something when we revisit the subject -- but I'd like to. weigh in just with yau guys and let yau knaw what my philasaphy is an raads anyway. We all have a challenging jab here, and that is to. plan for the future. Right naw whatever we vate an, everybady else has to live with in the future, and I think we never can lase sight af that, and I dan't think any af us do., by the way. I think all af us take that charge very seriously. My persanal feelings an all afthis -- ah, by the way, Mr. Schummer, I think it was, or Livingstan -- he said Livingstan Raad staps at Radio., and I wanted to. tell yau -- and yau didn't say that in a very kindly way. I wanted to. tell yau why, and that is because, like an Lagan where they really dan't want to see it six-Ianed, in that area they have tiny little praperties, and it wauld have been right in their backyard, and yau just can't -- yau can't do. that where you're just 10 feet fram a backyard. But anyway, that was just to. respand to. yau. And this was all the way dawn that carridar. I taak a loak at it. I rade an there on a galf cart, sa I was very cancerned with that. But anyway, I do. believe that -- I'm a firm believer in that six-lane highways are wanderful. They encaurage -- they encourage greater speed, but I dan't think they belang in residential neighborhaads. I think that faur lanes belang in residential neighbarhaads. Yau're gaing to. find me voting that way all the time. Whether anybady agrees with me ar nat, that's haw I feel, because I think aur prime mativatian is to. keep neighbarhaads safe. I dan't think any neighborhoad shauld have a six-lane highway rather than a four-lane raad gaing thraugh it. Page 124 January 25, 2005 And I knaw N arm knaws that. I just wanted to. say that. And ane af the things that I've naticed -- I've gatten same articles recently, and I thaught this was very interesting far all to. see. They say when the raad narraws like that, say yau're on a six-lane, say, far instance, thraugh Galden Gate, and it narraws to. faur lanes. When yau're an a six-lane, somehaw inside it makes yau think af going fast just because it's an open highway. When yau narraw to faur lanes, all af a sudden yau think yau have to. slaw dawn. It's just ane af thase subliminal things that happens. It's a traffic-calming device where you dan't even have to. put any traffic calming in place. Just that haurglass appearance allaws yau, ar encaurages yau to. slaw down. Sa I just wanted to. share my philasophy with yau. CHAIRMAN COYLE: Thank you very much, Commissianer Fiala. Cammissianer Henning? COMMISSIONER HENNING: The questian, is the level af service on the road, are we at failing, ar is it gaing to came in the near future? MR. FEDER: Commissianer, again, for the recard, Narman Feder. Weare nat failing in level of service naw. That's why the projection is 2014 narth af Golden Gate with a new interchange. We do. have to. have the six-Ianing south afGalden Gate. COMMISSIONER HENNING: Okay. Sa the anticipatian is 2014, that it might fail in service? MR. FEDER: That's carrect, that's why we presented to. you the date that bath cansultants and staff have laoked at and agree is -- abaut the date that we wauld anticipate. But again, we're gaing to. cantinue to. manitar. Livingstan has pravided same years af relief. And when yau heard 2005, that was a prajectian done by a cansultant that started back in 2001 an the design an this. That was pulled aut based on an AADT and a prajectian three Page 125 January 25, 2005 years aut in a madel, and I've never knawn anyane to. praj ect three years by a made!. That was nat used. It was never used in reference to. yau in recammendation. Ifyau remember when we came through with aur recammendatian to. yau, it was based an 2011,2012 is the date. Naw we're laaking at 2014. And just wanted to. carrect that. COMMISSIONER HENNING: The -- what yau're recammending is the impravements on Pine Ridge and Lagan. I dan't think it was anticipated at closing that median an 10th. So what that daes if that's dane, the people who. live an the east side afLagan, they only have ane turn movement, and that is -- MR. FEDER: Out to. a signal at Pine Ridge, yes. COMMISSIONER HENNING: -- in ar aut -- right. Sa if they wanted to. go. sauth an Lagan, they wauld have to., yau knaw, either go. dawn Lagan ar turn an Pine Ridge and make a U-turn and came back. Is there any pravisions far them to. get aut an Pine Ridge, anather exit? MR. FEDER: One afthe prablems, even when laoking at the ultimate six-lanes, that wauld be clased affbecause the intersection is taa clase, and to. get sufficient starage far the intersection taday and in the future, yau can't keep that apen. COMMISSIONER HENNING: Right. And I just wanted to. let everybady knaw that I live an 10th but nat an that side, but I do. not crass Logan Baulevard to. go. narth because I think it's a dangeraus situation. The issue -- yau knaw, having lived there and traveled it, the raad is busy naw, and I want to cammend Cammissioner Coletta far taking the bull by the harns and saying to. everybady, are we daing the right thing? And I think if all af us taak a little piece af gavernment and always questianed, are we daing the right thing, then we're gaing to. gavern a lat better. And I knaw he's taken a lot of heat fram it, but he cauldn't have Page 126 January 25, 2005 brought this issue up by himself. It still takes a majarity af it. After seeing Livingstan Raad apened up and waiting far that, anticipating (sic) af it opening, and knawing that it was delayed far 10 years, we need -- we need to. plan far the future. And, yau know, I think it's still a win far the residents in this area. It's nat gaing to six lanes. If it's -- the right-af-way wasn't acquired, Mr. Feder, what would yau do. to. the raadway? MR. FEDER: We wauld basically anly recammend to. yau impravement sauth afGalden Gate Parkway. We'd go. in and try and do. a patch averlay to. try to. keep the road tagether as lang as we could until the need, then buy right-of-way. Yau dan't want to. buy twice. COMMISSIONER HENNING: Sa in this impravement, yau're gaing to. get curb and gutter, drainage, and sidewalks? MR. FEDER: Carrect. COMMISSIONER HENNING: And-- MR. FEDER: Up to. Green. COMMISSIONER HENNING: So I think where we were in the beginning is six-Ianing Galden Gate Parkway -- ar Santa Barbara, and where we're at taday, the recammendations are to. buy right-af-way far a six lane and keep it faur lane. I think it's a win far everybody. CHAIRMAN COYLE: We have a public speaker who was autside in the hallway. MS. FILSON: Oh, yes, Ms. DeJang. CHAIRMAN COYLE: Is she -- is she -- MS. FILSON : Yes, she's right here. CHAIRMAN COYLE: Yes, okay. She has stated she wauld like to. speak. We called her name. She didn't hear us. She was aut in the hallway. MS. DeJONG: Thank yau. I'm Brenda DeJang. I'm a state certified residential cantractar and real estate braker in the State of Flarida. And in the past few years I've been heavily invalved in the Page 127 January 25, 2005 develapment af Galden Gate Estates. I dan't knaw haw many ofyau go. to. what we used to call way aut in Galden Gate, but that's where aur new-caming residents, that's where they're caming fram mastly, the anes that are paying the $25,000 impact fees and the new praperty taxpayers. Sa I think we shauld maybe facus a little attentian an, perhaps, apening up an 1-75 and Everglades Baulevard interchange, which is ready to. apen anyway. These peaple are driving 45 minutes to. try to get an 1-75. Sa can't samebady be praactive and pursue that? COMMISSIONER HENNING: We are. COMMISSIONER HALAS: We are warking an it. COMMISSIONER COLETTA: We are very much. MS. DeJONG: That's gaad to. knaw. Also., has there been any change in the lines of the districts since we've had such a change in aur papulatian? CHAIRMAN COYLE: Yes. MS. DeJONG: That's gaad to. knaw, taa. Yau can see I'm not a __ I'm nat a persan that's always in here. I'm busy warking and supparting my family. Sa -- but I wauld like to. say that in -- an the Lagan Boulevard, I believe that that interchange is gaing to. make a drastic impravement. I think if yau can get the peaple anta 1-75 aver at Everglades in the future, yaur prajectians far 2014 may nat be necessary. And where exactly is the development caming fram that's gaing to. cause us to. have this traffic? Because everything's built out except the east part af Naples. COMMISSIONER COLETTA: Is that a questian yau want-- MS. DeJONG: Yes. MR. FEDER: The grawth that yau're talking about is caming through aut the caunty, but particularly east af 951, significant grawth, 1,000 new homes a year. But yau have little things like Heritage Bay DR! at the corner af Page 128 January 25, 2005 Immakalee and 951, faur square miles of develapment, Ave Maria, ather issues thraugh there, but you still have all af Fiddler's Creek, yau have Lely, east county's grawing, cantinued grawth in the nartheast partian afthe county, sa there's develapment thraughaut the caunty. But there is, as yau say, a lat af develapment pushing aut past 951. MS. DeJONG: All but two afthase that yau mentianed are nat gaing to. cause traffic an that area. Ave Maria's gaing to. bring them in Immakalee Raad to 75, ar even ifyau came up Galden Gate -- ifyau came up Galden Gate Baulevard and gat an at Pine Ridge Raad, yau're still nat caming dawn that section af Lagan. Sa -- naw the Fiddler's Creek, yau know, perhaps that might bring a little, but I think samebady needs to. loak at the details af these reparts you're getting. Somebady that is in real estate. MR. FEDER: We are laoking at the details. We are loaking at the details, yes. And we're remade ling as well. MS. DeJONG: Thank yau. COMMISSIONER COLETTA: Dan't go. anywhere yet. CHAIRMAN COYLE: Cammissianer Caletta has a questian. COMMISSIONER COLETTA: Oh, please. I'm always laoking far new resaurces aut in my end af the warld. As yau knaw, the infrastructure aut in the -- east af 951 is in great needs af all sarts af impravement. We're putting tagether a cammittee at the Galden Gate Estates Civic Assaciatian to deal with such items as the interchange at 75 and Everglades, which has been maving farward at a -- faster than it ever has. We've been blessed by the Sauthwest Regianal Planning Cauncil meetings, the jaint MPOs that Collier County and Lee Caunty have endarsed. Sa this has came a lang way. It's in frant afDOT naw, and it's an their radar scape, but we need a citizen initiative to. keep it maving it forward. Page 129 January 25, 2005 The third Wednesday af March -- excuse me far the commercial annauncement, but I can't lase this lady. CHAIRMAN COYLE: Can I turn off his mike? COMMISSIONER COLETTA: No., yau can't. The third Wednesday in March, the Golden Gate Civic Assaciatian will be dealing with this situatian in putting tagether a cammittee, and they meet at the fire statian aff af 13th. It's at seven o'clack. I'd lave to. have yau there and involved in the pracess. We cauld use all the help we can get. MS. DeJONG: I guess I can volunteer. CHAIRMAN COYLE: It's a chance to. get invalved. Dan't turn it dawn. COMMISSIONER COLETTA: Cauldn't let yau get away. CHAIRMAN COYLE: Cammissianer Halas? COMMISSIONER HALAS: Yes. Narm, in regards to the prajectians afthe traffic, how it's dissipated aff afLagan -- and I assume this is because af the apening af Livingstan -- what is the prajectian af amaunt afresidents ar new structures that are gaing to be an Livingstan, and at what time do yau consider that we're gaing to. run into. a prablem where we're going to. be getting to. the capacity that Livingstan was designed far? If yau can help us out an that. MR. FEDER: I can't give yau the first figure af exactly haw many residences, although I can get that for yau and bring it back to. the baard in any public farum yau want. As far as the grawth an Livingstan, as I said, yau've gat same segments that are naw at the 30,000 and growing. The 2014 is a reflectian af nat anly that, but Airpart, which was recently expanded during that time frame -- yau've seen same reductian -- is cantinuing to. graw in spite af Livingstan, althaugh the grawth is nat as fast. Sa I guess what I'd have to. say to yau, yau're in abaut the teens, the middle teens when Livingstan will start getting the level af traffic that no. langer will became the attractar, and peaple will then try to. Page 130 January 25, 2005 find the ather carridars far applicatian. Plus, in this area, we are extending -- and it was nated that while it will nat be as wide, and they're right, two. lanes fram Immakalee up to. Banita Beach Raad, thraugh majar develapments -- and I didn't mentian all af them, abviausly, but Mirasol, Parklands, and athers, besides Heritage Bay, just mentioning that -- plus all the develapment that's gaing dawn an the Lagan corridor at Vanderbilt and in thraugh that area. Plus, you're gaing to. extend the faur lanes -- two. lanes within a faur-Iane right-of-way fram Immakalee down to. Vanderbilt Beach Raad af Lagan that daesn't exist to. day , and that's underway as well. And then lastly, we're in design and maving towards faur lanes sauth af Davis dawn to. Rattlesnake Hammack that, with a jag, can cannect to. faur lanes an a Cultural, Lely Resort. Sa in answer to. yaur questian, I'd say abaut the mid teens. We're gaing to. cantinue to. manitar it. But we dan't see as imminent taday north af Galden Gate, and that's why we're recammending that those dallars be used an athers that we knaw have the need already. COMMISSIONER HALAS: I have ane last questian. On this Santa Barbara carridar, there's a prapasal far this raad to. extend up into Lee Caunty. MR. FEDER: Right. COMMISSIONER HALAS: What is yaur thoughts an haw far up in Lee Caunty that this is gaing to praj ect to? MR. FEDER: There's a cauple af cancepts gaing naw. One af them wauld have Lagan -- althaugh it gaes up to Banita Beach Raad, capitalize an its cannecting with any future 951 extensian, and basically pulling into. that as a major way to. carry it further narth, atherwise it's prabably generally -- and I can't speak far all afLee County's plans -- Parklands gaes north into Lee Caunty up to Banita Beach Raad. It will prabably terminate generally at Banita Beach Raad, unless there's same small connectian. Page 131 January 25, 2005 But I dan't knaw af any plans in Lee Caunty -- and we're working with them -- far a majar expanding narth, if it's nat part af a 951 extensian. COMMISSIONER HALAS: Okay. Thank yau. CHAIRMAN COYLE: I wauldjust like to. thank the members of the public who. have painted aut to. us that traffic has actually decreased an partians af Santa Barbara. Isn't that astaunding that our road-building pragram has actually produced same pasitive results? I am very happy to. knaw that the millions and millians and millians af dallars that we've spent an building new raads and widening raads and impraving intersectians is, in fact, having a pasitive impact an traffic in Callier Caunty. MR. FEDER: What yau have an yaur manitar is a very interesting item. What we did is basically a streamline acrass all af aur major narth/sauth arterials by the plan, laaked at it aver the last few years. And as yau see an here, in 2001 we're actually behind the curve. The red bar is capacity. The blue is volumes on thase five to six facilities af narth/sauth. Does this include the interstate as well, Dan? No., it excludes the interstate. Sa when we laok at aur arterials narth and sauth, what yau want is abviausly yaur red to. be aver the blue. Well, as we came acrass with Airpart caming an just after 2001, 2002, as we came an the first sectians af Livingstan and naw as we've campleted Livingstan, we're a little bit behind -- a little bit ahead af the curve in the sense af capacity an -- overall narth/sauth is ahead af the actual valumes. Naw that's taday, af caurse. There's ather development caming. But that is gaad news. And, yes, what we've dane by maving farward is an aggressive pragram, particularly as addressed the narth/sauth taday, and we've gat to. continue to. do. that to. meet the needs af the future. CHAIRMAN COYLE: Okay. Thank yau very much for that Page 132 January 25, 2005 summary, Narm. Naw Cammissianer Caletta has a questian, then I'd like to. mave into resalving this issue. Cammissianer Caletta? COMMISSIONER COLETTA: Yes. Well, first affI'd like to. apalagize far anybady I caused any distress to.. Beginning to. wander far a while if my middle name was impeach. But that's okay. Sametimes to. be able to. get samewhere, yau've gat to. have same fun along the way, taa. And it was never intended to. cause yau distress. I believe in tatal hanesty in gavernment and everything up frant where yau can see it. And here taday we've seen an example afwhat we faund out that we wauldn't have knawn prabably for many manths, is the fact that this is a needed facility, but nat now. It's needed sametime in the future. And if same af yaur predictians prave to be right, that future might be way aff into. the next century. It's very passible. Who. knaws? Who. wants to. spend money an raads that aren't needed? I mean, that's crazy. Nat when the needs are sa great in ather parts of the caunty. I mean, yau all said that at one time ar anather, and yau're absolutely carrect. Believe me, I've read every ane af yaur emails, I've seen every ane af yaur phane messages, seen all yaur letters. Very impressed. Y au've got a great organizatian. It's daing a lat to try to. pratect what you see as a very impartant element af yaur standard of living, and I applaud yau far it. I think what we've gat here in frant of us naw is an understanding that we're laaking at a distant year, 2014. I wan't be an the cammissian then. Cammissianer Halas still will be here, of caurse. CHAIRMAN COYLE: Hey, Halas is aver there. COMMISSIONER COLETTA: Well, that's right, but I figured I'd give yau credit taa, and Cammissianer Cayle also.. And yau Page 133 January 25, 2005 mistaak me far Cammissianer Fiala a little while ago., sa I mean, I can't be as bad as yau are. But all in all, I'm laaking farward to. warking with every ane af yau and yaur groups in the future. I think we've put this thing to bed far same time to. came, and I make a matian for appraval. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: There's a mati an far appraval fram Cammissianer Caletta, secand by Cammissianer Fiala. I gat it right this time. COMMISSIONER COLETTA: Yau did, very gaad. CHAIRMAN COYLE: Cauld I ask a questian? Wauld yau feel camfartable putting into. yaur matian the stipulatian that this will not be braught back far recansideration befare the 1- 7 5 averpass is campleted and we can reevaluate this thing sa that these peaple dan't get hit with this every year? COMMISSIONER COLETTA: Well, that's anly two. years aut. I'd be willing to. go. past that. CHAIRMAN COYLE: All right. Haw far? COMMISSIONER COLETTA: Mr. Feder, prabably -- when's the averpass suppased to. be in, another year and a half? COMMISSIONER HENNING: Two. years. COMMISSIONER COLETTA: Two years? COMMISSIONER HENNING: Two. and a half. COMMISSIONER COLETTA: I'd be willing to. go. with three years. COMMISSIONER HALAS: Three years. MR. FEDER: And we'd be willing to go. with whatever directian we get fram the baard. But I think waiting until after the interchange COMMISSIONER COLETTA: Well, yau need-- MR. FEDER: -- I want to. characterize as the I~ 75 interchange, is in and is aperating, sa three years wauld be a reasonable time frame. Page 134 January 25, 2005 COMMISSIONER COLETTA: And that gives us plenty aftime to appraise the situatian then. And maybe at that paint in time, the date would be maved farther aff into. the future, and aur grandkids will be dealing with this. MR. FEDER: That's a passibility. COMMISSIONER COLETTA: Okay. CHAIRMAN COYLE: Commissianer Henning? COMMISSIONER HENNING: Is the motian to. apprave staff recammendatians? COMMISSIONER COLETTA: That's carrect. COMMISSIONER HENNING: Okay. COMMISSIONER FIALA: Why dan't yau read it just so we'll know it. COMMISSIONER HENNING: The anly cancern that I have is, I braught up about 10th. I'm nat sure if that's gaing to. be addressed in the cansideratian, 1 Oth Avenue, east af Lagan. MR. FEDER: It is aur recommendatian -- abviausly this baard can make whatever motion it choases. But aur recammendatian is -- and I dan't want to. be making a matian, sa I'll be quiet here. You've gat it in frant af you. Our recammendatian, it does include that shart stretch af three-laning narth af Galden Gate simply to. make the Galden Gate intersectian with Santa Barbara aperate mare effective by allawing the merge fram three to. two. to. happen just narth af the intersection as appased to. at the intersectian. And the 10th Street issue is in there because we need to. extend -- and that was in there actually in the priar appraval with the majar expansian af that intersectian, and it still needs to. be in there, especially if we're gaing to. get sufficient starage far the narthbaund to. westbound left turn. COMMISSIONER HENNING: Okay. Just a clarificatian, what I meant was anather access far thase peaple to. access aut af theirI Page 135 January 25, 2005 cammunity aut into. the street. MR. FEDER: That's samething we'll wark with them an, but unless directed by the board, I'm nat sure what we can specifically cammit to.. But we'lllaak at that and work with them and any aptians. CHAIRMAN COYLE: Okay. Caunty attorney? MR. WEIGEL: Thank you. In regard to. a statement abaut nat bringing the matter back far a particular paint in time, I'd prabably be remiss nat to. tell yau that as county governors, yau will have the ability to. effectuate the needs af caunty gavernment for the health, safety, and welfare at any paint in the future. It wauld appear that the matian yau're making with the inclusian af the time frame is a statement af policy that yau're putting in place right naw. I didn't want the false impressian to. the public ar anyone af interest to. think that yau are breaking a law if in the pursuit af health, safety, and welfare af the cammunity in the future you faund it imperative by a majarity afthe baard to bring the matter, ar a matter related to. that, back at same paint in the future. CHAIRMAN COYLE: I think that's an impartant paint far the public. Yau can't ever depend upon anything we tell yau. I'm being facetiaus, but what that really means is that any cammissian after this ane can change any decisian we've made. Sa please dan't interpret aur gaad intentians af trying to. keep this thing fram caming up sa frequently as being lacked in concrete, because we can't legally do that. It just -- same ather cammissioners cauld came in here and change that palicy instantaneously. Sa just sa yau understand the realities. We have a mati an. COMMISSIONER FIALA: My second wasn't an the new part of that matian. May I just ask ane questian? Yau didn't mean we have to bring that back in three years -- COMMISSIONER COLETTA: Oh, no., no., we can't. COMMISSIONER FIALA: -- yau meant nat even laak at it far Page 136 January 25, 2005 three years, but it cauld be many years dawn befare we laak at it again, right? COMMISSIONER COLETTA: Right, exactly. We've gat to. evaluate the averpass, see what happens at that paint in time. But we cauld change it favarable. COMMISSIONER FIALA: Because I dan't -- yeah. I didn't want to. set, yau knaw, like naw we're gaing to. bring it back again in three years. COMMISSIONER COLETTA: Oh, no.. COMMISSIONER FIALA: Okay, goad. Just sa that that -- sa I understand and everyane else understands, that is we're nat setting it to. bring back. It's at least three years befare we'll ever even talk abaut it again. Sa with that, I will -- I will add that to. my secand. Thank you. COMMISSIONER COLETTA: Before yau -- CHAIRMAN COYLE: We have a mati an an the -- yau want to. talk same mare about that? COMMISSIONER COLETTA: Just ane little bit befare this crawd disperses. Do. yau think I cauld have the "Impeach Caletta" signs far my scrapbaak? Small little request. Thank yau very much, Jeff. CHAIRMAN COYLE: Okay. We-- MR. MUDD: Carinnissianer? CHAIRMAN COYLE: We have a matian an the baard. Caunty Manager? I'd like to. get this aver with. MR. MUDD: Mr. Chairman, Cammissianer, I knaw yau want to. do. this mati an in the warst way, akay. But, yau knaw, we're going to. have to. came back to. this baard. I mean, we did the 60 percent design in Navember, we're gaing to. get thraugh the 100 percent design, and Norman's gaing to. have to came back far the canstructian contract. Sa we are gaing to. be talking abaut a canstructian cantract based an yaur decisian taday, akay, and it's going to. be befare three years. Page 137 January 25, 2005 It will be this year. COMMISSIONER FIALA: Yeah, but we're talking-- COMMISSIONER COLETTA: That's different. MR. MUDD: And I just want to. make sure that everybady aut there understands that you are gaing to. talk abaut this particular carridar again when yau do. a -- COMMISSIONER COLETTA: Not abaut six-laning the raad. MR. MUDD: No., just what yau're appraving taday. But I just want to. put that an the recard, sir. CHAIRMAN COYLE: That's restricted to. impraving the intersection only, right? MR. MUDD: No., Cammissianer. Yau're gaing to. -- yau are going to. get a canstructian cantract to basically -- COMMISSIONER HALAS: For the whale length. MR. MUDD: -- for the whale length that yau were shawn taday. And when yau get that, that's gaing to. came up in frant afthis baard. And yau knaw, you want to. make sure that everybady understands that. Part af this discussion is, we're not gaing to. talk abaut -- yau're nat gaing to. talk abaut right-af-way acquisitian ar a change ar a change in faatprint aff af what yau have right here and what yau're basically deciding taday. COMMISSIONER COLETTA: Staff recammendatians is what we're suggesting, and we wan't deviate fram that. COMMISSIONER HALAS: Yeah. And what we're trying to. do. is get up frant af the curve here sa that if it daes came back an the agenda, the citizens dan't need to. get excited that we're daing samething -- COMMISSIONER COLETTA: A change. COMMISSIONER HALAS: -- to. change it. And we just want to. let yau knaw that when this comes farward that this is in regards to. finishing up the engineering praj ect and letting aut the cantract bids Page 138 January 25, 2005 and maving farward into. what was discussed here taday. CHAIRMAN COYLE: Okay. I have a mati an an the table. All in favar, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: All appased, by like sign. (No. respanse.) CHAIRMAN COYLE: It carries unanimausly. Thank yau very much. Thank yau far taking the time to wait araund all day to. talk with us. MR. MUDD: Cammissianer, that brings us -- COMMISSIONER COLETTA: They need to. stay far the rest af the meeting. CHAIRMAN COYLE: Mast afthe peaple are. MR. MUDD: Cammissioner-- CHAIRMAN COYLE: Yes. Let's -- I'm sarry, go. ahead. MR. MUDD: Yau want to. cantinue ar -- I think it's nat time far a break yet, I dan't believe? CHAIRMAN COYLE: Can yau hald aff a little langer? Y au're akay? Can yau switch aff? No., yau can't. Haw much langer do. yau think yau can go. befare a break? COMMISSIONER COLETTA: Two. haurs? COMMISSIONER FIALA: Halfhour? CHAIRMAN COYLE: Okay. It's been almost an haur and a half. Why dan't we give yau a break right now, and we'll be back here in 10 minutes, akay? (A brief recess was had.) MR. MUDD: Ladies and gentlemen, ifyau'd please take yaur seats. Page 139 January 25,2005 Mr. Chairman, yau have a hat mike. CHAIRMAN COYLE: Okay. Thank yau very much. Item #8A ORDINANCE 2005-03: THE 2004 CYCLE GROWTH MANAGEMENT PLAN SMALL SCALE AMENDMENT- A.DOnED MR. MUDD: Mr. Chairman, this shauld bring us to. advertised public hearings. And the first item is 8A, and it's a recammendatian to. approve the 2004 cycle grawth management plan small-scale amendment. State yaur name far the recard. MR. VanLENGEN: Kris VanLengen, comprehensive planning. I wanted to. mentian very, very briefly as an intraductian that this is a small-scale amendment, and so -- to. distinguish it fram the other amendments yau'll be hearing a little later this afternaan. This is, by definitian, invalving praperty less than 10 acres. It's a map change. There is no. text change. And since it's an infrequently heard type af petitian, I just wanted to. remind yau that it is effective after anly ane hearing. There are no. separate transmittal and adaption hearings, sa that it wauld be effective 31 days after adaptian, if it's adopted, unless atherwise challenged. COMMISSIONER HENNING: Matian to. apprave. MR. VanLENGEN: Given that, it's also. suitable for a campanian rezane, and-- CHAIRMAN COYLE: We have a mati an to. apprave. COMMISSIONER COLETTA: Secand. CHAIRMAN COYLE: And a secand by Cammissianer Caletta. Is there any discus sian? (No. respanse.) Page 140 January 25, 2005 CHAIRMAN COYLE: No. discussian. I'll call the questian. All in favar, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: All apposed, like sign. (N a respanse.) CHAIRMAN COYLE: It carries unanimausly. COMMISSIONER FIALA: Pretty easy, huh? COMMISSIONER COLETTA: Very gaad. Gaad wark. MR. MUDD: Mr. Chairman, the next item is -- the next item is 8 -- ladies and gentlemen, if yau'd please -- if yau'd please keep it dawn. Item #8B ORDINANCE 2005-04: PUDZ-2004-AR-5987: BALDR!DGE REAL ESTATE, INC. REPRESENTED BY TIM HANCOCK OF TALON MANAGEMENT, REQUESTING A REZONE FROM THE RMF-12 ZONING DISTR!CT TO THE PUD ZONING DISTR!CT TO BE KNOWN AS ZONE PUD PLANNED UNIT DEVELOPMENT WHICH WILL INCLUDE A MAXIMUM OF 6,840 SQUARE FEET OF COMMERCIAL USE. THE PROPERTY IS LOCATED ON THE NORTHEAST CORNER OF GOLDEN GATE PARKWAY AND 52ND TERRACE S.W., IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLOR!DA, CONSISTING OF .83 +/- ACRES (COMPANION ITEM TO CPSS-2004-01)- Next item is 8B. This item requires that all participants be swarn in and ex parte disclasure be pravided by commissian members. Page 141 January 25, 2005 Baldridge Real Estate, Inc., represented by Tim Hancack of Talan Management, requesting a rezane fram the RMF -12 zaning district to. the PUD zaning district to. be knawn as zane PUD, planned unit develapment, which will include a maximum of 6,840 square feet af commercial use. The praperty is lacated at the nartheast corner af Galden Gate Parkway and 52nd Terrace Sauthwest in Sectian 28, Tawnship 49 sauth, Range 26 east, Callier Caunty, Florida, cansisting af .83 plus ar minus acres. This is also a campanian item to the first item that was just appraved. Mr. Hancock? CHAIRMAN COYLE: Just a mament. We'll need to. swear everyane in. Will everyane who intends to. pravide evidence for this item please stand and be swarn in. (The speakers were duly sworn.) CHAIRMAN COYLE: Thank yau very much. Naw, ex parte disclasure. Cammissianer Halas? COMMISSIONER HALAS: I dan't have any ex parte disclasure an item 8B. CHAIRMAN COYLE: Thank yau. Cammissianer Caletta? COMMISSIONER COLETTA: 8B, I have disclasure in the fact that I have had meetings an this particular subj ect with the petitioner and with staff, and my file remains at this desk far anyane that wishes to see it. CHAIRMAN COYLE: Okay. I have met with the petitioner's representative cancerning this issue, and I've talked with staff abaut it. Cammissioner Fiala? COMMISSIONER FIALA: Yes. I've also. met with the petitianer's representative and also. with staff. CHAIRMAN COYLE: Commissianer Henning? COMMISSIONER HENNING: I met with Cheryle Newman, or no. I spake to. Cheryle Newman an this petition. Page 142 January 25, 2005 CHAIRMAN COYLE: Thank yau very much. Mr. Hancack? MR. HANCOCK: Gaad afternaon. I scratched aut marning on my nates. And Mr. Chairman and members afthe cammissian, my name is Tim Hancack, and I'm the agent far this applicatian representing Baldridge Real Estate. Since the filing af the ariginal applicatian, ane element af the applicatian has changed that needs to. be nated far the recard, and that is that Baldridge Real Estate was a cantract purchaser when this applicatian was filed. They have since became the owner af the praperty . I have a revised applicatian far public hearing indicating that, and we'll submit a capy far the recard this afternaan. The applicatians befare yau today cansist af two. campanian items. I ariginally prapased to. present them tagether, but half of my wark has been cut aut far me, sa I will facus simply on the matter at hand, which is the rezane to. PUD for lats one and two. an Galden Gate Parkway and 52nd Terrace Sauthwest. Thank yau. To. arient everybady with the praperty, it's adja -- it cansists aftwa parcels. Lat number ane, which is .43 acres in size that is located at the intersection af 52nd Terrace Sauthwest and Galden Gate Parkway; lot number two., which is .4 acres in size and is basically used right naw as a cannectian between 52nd Terrace Sauthwest and an alley that is part af the Parkway Plaza. There's same parking an the site that is being used apparently by emplayees af Bank of America. In my research, I have been unable to find an approved SDP far these impravements, but nanetheless, it has been used apparently far aff-site parking. The parking far Bank af America is mare than sufficient. It's not necessary far the bank. And the bank was the awner af the praperty and has saId the praperty, sa I think it gaes withaut saying that it's no langer needed far the aperatian af the bank. Page 143 January 25, 2005 Adj acent to the praperty here is the Parkway Plaza here, which is daminated by C-4 uses. St. Elizabeth Setan Schaal is a little bit to. the west here, as is develaped multi-family under an RMF-12 zoning designatian. Also. adjacent is a parking lat far the main sanctuary af St. Elizabeth Setan Church. Again, Galden Gate Parkway to. the sauth, and the activity center priar to. the growth management plan amendment actually angled across and picked up a small Caribbean faad market here, a Hess gas statian, and additional C-4 intensity type uses. What's being prapased in the rezane is, quite simply, a single plan af develapment, which is to. build a stand-alane auto. parts retail facility with no. an-site repair, and I think that's critical to. mentian. There will nat be garages, there will nat be repair, there will nat be tires being changed and sa farth. It's strictly a 6,840 square faat retail facility that is pasitioned on the back partian af the praperty, which maintains the service drive between 52nd Terrace Sauthwest and the alley. In ather wards, we've incarparated this into. the plan after meeting with the civic assaciatian and really asking them whether ar not they wanted that in ar aut. It was their apinian to. maintain it, and we have no. prablem daing that. It also. pravides a nice service drive far any type af deliveries to keep them fram mixing with the custamer traffic up frant. This plan shaws that the parking is lacated between the building and Galden Gate Parkway. Again this was a site design cansideration that was discussed with the civic assaciation in the ane meeting I had with them. One alternative to. this wauld be to really flip the two. and place the building up more claser to. Galden Gate Parkway, the parking to. the rear. One advantage that carries is the building would serve to, in fact, kind af shield the parking area. That wauld be a plus. One negative is Page 144 January 25, 2005 that the existing building line has the Bank af America site back here, RMF -12 back here, and yau have parking lats bath an the frant here and on the side here. Sa what it wauld do. by flipping it is it wauld put the building aut here kind af by itself. In laoking at those two. it is a general cansensus that leaving the building where it is or where it's shawn here is preferable to. placing it aut frant. But again, I dan't want to. amit that as an aptian if it resalves same of the ather cancerns that may be presented. COMMISSIONER HENNING: Yau knaw-- MR. HANCOCK: And we eliminated a gaad piece af my presentatian. CHAIRMAN COYLE: Yau want to. make a matian. COMMISSIONER FIALA: Yeah, go. ahead. COMMISSIONER HENNING: What? CHAIRMAN COYLE: You want to. make a mati an? COMMISSIONER HENNING: Well, I dan't want to. make a matian, but I think we aught to. just address any cancerns that we have, and, yau knaw -- COMMISSIONER HALAS: I've gat -- CHAIRMAN COYLE: Okay. Cammissianer Halas? COMMISSIONER HALAS: Yes. The criteria that was used to. came up with the traffic caunt in this area, what did you use far criteria? Was it used -- did yau use tire stares or was it the use af other autamative stares? MR. HANCOCK: The trip generatian repart prepared by Blair (phanetic) Faley, the engineer, used a designation af 848, which is tire stare. The -- after the planning commissian hearing when there was same questian raised about whether that was used, in essence to. artificially lawer the prapased trip generatian, I went back to. Mr. Foley and inquired. One af the reasans that he used tire stare was that the mast Page 145 January 25, 2005 similar use, there is a designatian called 843 far autamabile parts sales. Designatian 843 has a very limited sample af five stares, and it says right an the ITE 6 generatian sheet, cautian, use carefully, small sample size. In that sample there are -- and I tell you what, I can put this an the visualizer. In the sample yau will see an the battam left there, faur Xs fairly clase together that shaw a rather linear pragressian of traffic; hawever, there's ane sample way aut here, which is a 15,000 square faat stand-alane use. I've never seen a 15,000 faat parts stare. But what it daes serve to. do. is create a very skewed line; however, in discussing with Mr. Faley and with transpartatian staff, even if these numbers were used in lieu af the tire stare, the planning staff recammendation that there is no measurable impact to. Galden Gate Parkway wauld not be altered. This is very similar to. any other specialty retail use. Sa that being the case, I do. bring this as samething we can submit far the recard, that if it's transpartatian staffs apinion that it should be used in place af the tire store, which was used in the trip generatian repart, we're mare than willing to. accept that with a caveat that the small sample size may nat be as accurate as the sample that's presented in the trip generatian repart. COMMISSIONER HALAS: Okay. When yau did yaur study, what level af service did yau find Galden Gate Parkway to. be at at this lacatian? MR. HANCOCK: I would ask far canfirmatian with staff on that. But the -- Galden Gate Parkway is aperating, I believe, at level af service D. It is a canstrained facility which means that it has been designated that it will accept a level af failure, if yau will, in lieu af six-laning. It also. brings in the factar that yau begin to. analyze the parallel raadways that wauld relieve Galden Gate Parkway as a part af laaking at impacts to. this raad. Page 146 January 25, 2005 One thing that was, I think, missed at the planning commissian, or maybe nat praperly understoad is that the designatian af a traffic cangestian management area takes existing zaning and patentialland uses and factars them into. the calculatians as if they were in place taday. In ather wards, these two. lats have been plugged into. that traffic cangestian management analysis, ane as a retail campanent and ane as a residential campanent. So in shart, the backgraund traffic that makes up the level of service prajectian far Galden Gate Parkway, we're already in there. And the difference between what's being praposed in this rezane and what was factared into. that analysis is negligible. And again, I'll leave it to transpartatian staff to. either canfirm or add to that. COMMISSIONER HALAS: I'd like to. get the canfirmation fram the traffic, fram aur staff. CHAIRMAN COYLE: Cammissianer Henning? Oh, you wanted to. do. that right naw? COMMISSIONER HALAS: Ifwe cauldjust-- CHAIRMAN COYLE: Okay, gaod. COMMISSIONER HALAS: Then we'll just get that taken care af and off the table. MR. SCOTT: Dan Scatt, transportatian planning. It is aperating at a level af service D. At the planning cammission we had a large conversatian abaut the TCMAs, what that meant. The planning commissian had a prablem with allaw -- my basic prajectian is it has 85 remaining peak haur peak directian trips right naw. My basic analysis said that it's gaing to. fail later an this year. And it cauld be this year ar next year, depending an the grawth in the -- in the carridar. One af the prablems, af caurse, is that we said all alang that Page 147 January 25, 2005 based an making this a TCMA, we didn't want -- this was a canstrained facility. We said we're gaing to. try to. widen Green Baulevard, which is pragrammed, Davis Baulevard, which is now finally pragrammed within the five years, same af the parallel rautes, and leave that as a faur-laned facility and leave that alane. And that's where we stand taday. Obviously if they came in the way it is right naw they would be appraved under the concurrency system. COMMISSIONER HALAS: Even thaugh it's gaing to. fail sametime this year? MR. SCOTT: It will fall belaw level of service standard D, yes, but that was why, as part af the transpartation cancurrency management area, the cammunity did nat want to. widen that roadway beyand faur lanes. That's why the TCMA was set up. CHAIRMAN COYLE: Cammissioner -- I'm sarry. Are yau finished? COMMISSIONER HALAS: Yes, I'm finished. CHAIRMAN COYLE: Cammissianer Henning? COMMISSIONER HENNING: Mr. Hancack, the -- are you shawing intercannectivity to. the bank praperty? MR. HANCOCK: We are shawing an intercannectivity to. an alley that is shared by the bank property -- COMMISSIONER HENNING: Okay. MR. HANCOCK: -- and our praject, yes, sir. COMMISSIONER HENNING: Gaod. The -- I knaw that yau have a drawing there on the building. That's canceptual in nature? MR. HANCOCK: Yes, sir. COMMISSIONER HENNING: Okay. MR. HANCOCK: Yau mean the elevatian? COMMISSIONER HENNING: Yeah. That's just canceptual, right? MR. HANCOCK: Yes, sir. While it is canceptual in nature, wee Page 148 January 25, 2005 have included that elevatian as a part af our PUD master plan far the purpase af identifying the specific style of architecture that will be a part af the develapment. Because we knaw exactly what we want to. build an this site, we're allawed to. pravide a little mare detail at the zaning level than mast applicatians, and there are same additions and madificatians that must be made to. that to. meet the new code that was adapted since we initially submitted this, but that is the general style and character af develapment that is prapased, yes, sir. COMMISSIONER HENNING: Okay. What -- I mean, I just dan't knaw if it fits the cade. MR. HANCOCK: Where it -- COMMISSIONER HENNING: And I don't think that yau're in the pasitian to. answer that for me. That would be staff determination. But as lang as, yau knaw, it's conceptual. MR. HANCOCK: Yes, sir. We've made a cammitment at the planning cammissian also.. Because af the timing af our applicatian, it was my understanding we'd have the aption af gaing under the previaus cade ar the new cade. We've cammitted to. camply fully with the new cade that's in place taday. COMMISSIONER HENNING: Okay. The last question, there's cancerns, and valid cancerns, af changing of batteries and hoses and tires and the like in the parking lat. We already have that prablem. And I dan't knaw -- can yau infarm us, the cammissian, haw yau're addressing that? MR. HANCOCK: Yes, sir. The prablem, as stated to me by the members af the civic assaciatian -- and I was unable to. speak to. Mrs. Newman, but I did speak to. Ms. Tuff, and I understand they were in cammunicatian an this particular issue. The Discaunt Auto. Parts, and it may be called Advance Discaunt Auto Parts an 951, apparently there was prablems with peaple daing that, daing physical repair in the parking area, and I believe even carsn Page 149 January 25, 2005 being left behind the store far periads af time. One af the primary differences between this prapasal and that stare is that stare is in straight C- 5 zaning. C- 5 zoning is yaur mast intensive cammercial zaning category and actually allows the storage af vehicles. Naw, it wasn't a part aftheir SDP, and I understand thraugh a lat af cade enfarcement effart, they've been able to. campel a level af campliance there, but it's something they have to manitar probably mare regularly because af the nature af that zaning, as appased to. this praj ect. This praject being zaned PUD, we can write into the develapment standards same language that will address that. And let me prapase far yau and enter into. the record samething that I've affered, and that is, number ane, to. add under 3.4, develapment standards in the dacument -- and I'll pravide a capy af this to. the court reporter -- is that under item -- new item 11 -- I'm sarry, L, repair af vehicles in the parking area is prohibited. By stating that in the zaning dacument, yau have at least an enfarcement step that will expedite any actian that may occur there. And I do. have a questian for the county attorney that we might want to. find aut regarding enfarcement in just a mament. But I also. have anather item that I think may help deter the practice. We have speed limit signs, but that daesn't mean peaple always fallaw them. What I am prapasing is that we also. add in the PUD that the above prahibitian shall be stated an signage placed in the parking area at a ratio. one far every five parking spaces. If apprapriate, a county ardinance number will be listed on the signage. In ather wards, in the parking lat, to. place signage at a rate af one far every five parking spaces that tells peaple, repair af vehicles is prahibited in the parking area. Again, that's samething that's not dane at the stare an 951. Daes it mean everyane's gaing to. follaw it? No.. Page 150 January 25, 2005 But I do. believe that these two. things, cambined with the fact that it's in a PUD, will give cade enforcement mare teeth and a more ready platfarm to. campel campliance, shauld these rules be vialated. COMMISSIONER HENNING: I guess -- well, I appreciate that, but my -- I view that as sign pallution, and I think yau can appreciate that. MR. HANCOCK: Yes, sir. COMMISSIONER HENNING: I think it can be addressed thraugh signage, but what yau're prapasing is just taa much. And do. yau feel camfartable all awing the SDP process to. address that? MR. HANCOCK: Yes, sir. COMMISSIONER HENNING: Okay. MR. HANCOCK: And actually, if it's samething yau wauld like us to take back to. the civic assaciatian and receive their input -- I knaw yau can't mandate that, but I'll offer to. do. that -- COMMISSIONER HENNING: Yeah. MR. HANCOCK: -- ar nat. COMMISSIONER HENNING: Yeah. Signage can do. it inside, maybe some autside, but I just dan't want to. create a sign pallutian prablem. MR. HANCOCK: Based on that camment, I'll withdraw the secand half af that. But I assume leave the repair af vehicles prahibitian in the PUD dacument? COMMISSIONER HENNING: Carrect. MR. HANCOCK: Okay. Yes, sir. COMMISSIONER HENNING: And let aur staff review that and address it at the SDP. MR. HANCOCK: Yes, sir. COMMISSIONER HENNING: As lang as yau feel camfartable with that. MR. HANCOCK: Yes, sir, I do. COMMISSIONER HENNING: I'll make a matian to approve Page 151 January 25, 2005 with the stipulatians af develapment standards changing in the dacument with the recammendatians fram the applicant. COMMISSIONER FIALA: I'll secand it. COMMISSIONER HENNING: And I can just say ane thing. I understand the cancerns about TCMA an Galden Gate Parkway, but I think that just about everybady in Galden Gate warks an their awn vehicles. Sa it actually might reduce trips an certain partians an Galden Gate Parkway. CHAIRMAN COYLE: We have a mati an by Cammissianer Henning, a secand by Cammissianer Fiala, but Cammissianer Fiala wants to. ask a questian. COMMISSIONER FIALA: Yes. Is this abaut the last piece af property left alang that corridar? MR. HANCOCK: No., ma'am. There are vacant parcels within the affice parkway district. But from what I can tell, as far as pieces that have the depth to allaw far the retail campanent in the district, this is the last piece to. be zaned far such. The athers remain vacant and are part afthe park east praject, which is a little further dawn the raad. And there are, I believe, two. vacant pieces that might be sizable enaugh far retail uses that still remain in that praj ect. The rest are all 110 to. 120 feet deep and are limited to. the office camponent af the district. COMMISSIONER FIALA: But then cancurrency will deal with that? MR. HANCOCK: Yes, ma'am. Cancurrency will deal with that. And ane ather item, if it helps put any fears to. rest there, retail has a different peak haur usage than daes, for example, affice ar medical affice. Thase wauld caincide with the peak cangestian peri ads an the Parkway. Retail, with evening and weekend peaks, is an aff use that may -- and that's why -- ane reasan why it wan't cantribute to. cangestian on the Parkway at peak haurs. Page 152 January 25, 2005 COMMISSIONER FIALA: Thank yau. CHAIRMAN COYLE: Okay. I have ane questian of Mr. Scatt. MR. SCOTT: Yes, sir. CHAIRMAN COYLE: I'm canfused abaut the camment that the raad is actually gaing to. fail when we've gat a concurrency management system that is suppased to. help us make sure that additional develapment daesn't reach to. that paint. Explain this to. me a little bit, akay? MR. SCOTT: Okay. Originally when we went thraugh the whale pracess af the cancurrency update, there were several segments of raadway that were decided that they be based an either pal icy or baard decisian previausly, that thase raadways wauld nat be widened. When we submitted that to. DCA we had to. say, hey, we need to. address these raadways. One af them was Vanderbilt Beach Road out tawards the beach between 41 and Gulfshore, and then the ather ane was Galden Gate Parkway within the city. It's prajectian. It might not. Maybe we bring Green an in time. Maybe we get same afthe ather impravements an time. But based on the increase in traffic aver the last, say, five years, it's projected to fall belaw level af service standard D. It might be E, but -- ar F, but essentially fall belaw the level af service standard. But it was decided at that time though that we weren't gaing to. widen Galden Gate Parkway between Santa Barbara and 951, essentially taking aut either all the landscaping ar taking the frant yards ofpraperty up and dawn the carridar. That's why the TCMA was developed to. try to. laak at nat just the raadway segment itself, but the parallel raadways that essentially serve the same trips fram the Estates to. here. CHAIRMAN COYLE: I think it's impartant that the public understand why that sart af situation can accur and we still let a development take place here, and I'm nat sure that we've clearly explained that. And the point is that this praperty was zaned Page 153 January 25, 2005 cammercial befare, right? COMMISSIONER HALAS: Residential. MR. SCOTT: I think it was multi-family. CHAIRMAN COYLE: I'm sarry, multi-family residential. MR. SCOTT: Right, right. CHAIRMAN COYLE: And a traffic campanent was included in the study far that valume af traffic that would be generated. MR. SCOTT: As is in the long-range plan, taa. CHAIRMAN COYLE: That's right. Sa what Mr. Hancack has said is that the traffic impact af this particular zaning change has already been taken into. cansideration in the cancurrency management system and in the traffic counts befare any actian that we take here taday. Sa whatever impact he has is negligible with respect to. the failure af the raad; is the a fair statement? MR. SCOTT: That's carrect. And the interesting part af the planning cammissian discus sian was that started aut with the site an 951 where they're parking all aver the place, they've had prablems, well, obviausly that lends yau to. believe that there's a need far anather facility which, as Cammissianer Henning painted aut, might sharten the trips. I mean, yau might have a lat af peaple that walk to. this lacatian, let alane drive, tao, sa -- COMMISSIONER HENNING: If their car's broken, trust me, they will walk. CHAIRMAN COYLE: Well, I just think it's impartant, because I think this is the first time that we've said, we have a raad that is gaing to. fail sametime in the future, but yet we're letting a develapment occur here. And the reasan we're daing that is because it's already been taken into. cansideratian in that traffic mix. MR. SCOTT: And that's -- and in respanse to. it, we are laaking at ather parallel raadways, too.. CHAIRMAN COYLE: Okay. Sa-- COMMISSIONER FIALA: I'm certainly glad yau're putting this Page 154 January 25, 2005 an the recard, by the way. Thank yau. CHAIRMAN COYLE: Yeah. It needs to be clear. But ane final thing. Let's presume that we had anather development that came alang here and it had a significant impact an that raad. Do. we have the autharity to. say na? MR. SCOTT: If yau're talking abaut up-zaning aver what is aut there right naw, yes, yau do.. CHAIRMAN COYLE: Okay. Then aur cancurrency management system gives us the right to. stap it if the raad is in failure and it's gaing to. have a significant impact an the traffic; right? MR. SCOTT: That's carrect, carrect. CHAIRMAN COYLE: Sa there's nothing wrang with this management plan that we're talking abaut? MR. SCOTT: No.. CHAIRMAN COYLE: Okay. Thank yau very much. Any ather questians by the baard? (N a respanse.) CHAIRMAN COYLE: We have a mati an an the table by Cammissianer Henning, if I remember carrectly, far approval, and secanded by Cammissianer Fiala. We have no. public speakers? MS. FILSON: No., sir. Sa yau can clase the public hearing. CHAIRMAN COYLE: I will clase the public hearing, and will call the questian. All in favar, please signify by saying aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: All appased? COMMISSIONER HALAS: Aye. And I'd like to. put an the record it's because even thaugh we have a TCMA, I still feel that any Page 155 January 25,2005 road that is near failing ar near failure, I have a real cancern about putting additianal traffic an there. And I understand where Commissianer Henning is gaing with this because I knaw that they need auto. repair stares there in Galden Gate because that's basically the warkfarce peaple af Callier County, but I have a prablem also. with the traffic situatian. That's why. CHAIRMAN COYLE: Thank yau very much. The mati an carries by a vate af 4-ta-1. Thank yau very much. Item #8C ORDINANCE 2005-05: PUDZ-2004-AR-5220 LAND DEVELOPMENT GROUP, LLC, REPRESENTED BY RONALD NINO, AICP, OF VANASSE DA YLOR, 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::!: ACRES Page 156 January 25, 2005 MR. MUDD: Cammissianer, that brings us to. item 8C. This item was cantinued fram the 14th, 2004, BCC meeting. This item requires all participants be swarn in and ex parte disclasure be pravided by cammissian members. It's PUDZ-2004-AR-5220, Land Develapment Graup, LLC, represented by Ranald Nina, AICP, afVanasse, Daylar, LLP, requesting a rezane fram rural agricultural "A" zoning to. mixed-use planned unit development, MUPUD, far a praject to. be knawn as the Buckley mixed-use PUD to. allaw for mixed-use cammercial and residential develapment. The PUD is prapased far a maximum af 251 residential dwelling units, a maximum af 74,230 square feet af retail cammercial, and a maximum af 97,070 square feet af affice cammercial uses. The praperty is lacated at 7501 Airpart-Pulling Raad in the northwest quadrant af the intersectian af Airpart- Pulling Raad and Orange Blassam Drive, narth af the Collier Caunty Regianal Library, in Section 2, Tawnship 49 south, Range 25 east, Collier Caunty, Florida, cansisting af 22.84 plus ar minus acres. CHAIRMAN COYLE: Thank yau very much, Caunty Manager. Cauld I ask everyane who. is going to. affer testimony an this item to please stand to. be sworn in. That includes any public speakers. Haw many public speakers do. we have? MS. FILSON: We have ane. CHAIRMAN COYLE: We have ane public speaker. Okay. Thank yau very much. MS. FILSON: Claire Gaff. CHAIRMAN COYLE: We can go. ahead and swear them in. (The speakers were duly swarn.) CHAIRMAN COYLE: Thank yau very much. Naw ex parte disclasure. Cammissianer Halas? COMMISSIONER HALAS: Yes. An angaing sort af email and meetings and carrespandence, and it's all here in my file if anybady Page 157 January 25, 2005 wauld like to. laak at all the carrespandence that's taken place. And I believe there's already still same additianal carrespandence that came in this marning. I think they're included in here since lunch. CHAIRMAN COYLE: Cammissianer Caletta? COMMISSIONER COLETTA: Yes. On 8C I have meetings, , carrespandence, emails, and phane calls. And, ance again, everything I have is in my file far anyane that wishes to see it. CHAIRMAN COYLE: Thank yau very much. I have met with the petitianer and with members afthe cammunity. I've received telephone calls and lats of emails cancerning this. And, af caurse, this was heard by us in a priar meeting" sa that we have gone thraugh this praj ect in some detail in the past. Cammissianer Fiala? COMMISSIONER FIALA: Yes. I taa have had meetings, carrespandence, emails, calls, spoken to. staff, and as Cammissioner Coyle painted aut, we've even addressed this in an apen meeting. And I have everything in this file that will be on file far anybady to. view. CHAIRMAN COYLE: Cammissianer Henning? COMMISSIONER HENNING: I met with the petitianer and staff an this issue and received several carrespandence, email correspandence, an this item. CHAIRMAN COYLE: Okay. Thank yau very much. And if I cauld ask that -- who's going to. present first, staff? I wauld ask that staff and the petitianer deal anly with the informatian that is pertinent, that has changed and might address the questions the cammissianers had asked at the last time this was heard. COMMISSIONER COLETTA: Very gaad. MS. DESELEM: Gaad afternaan. For the recard my name is Kay Deselem, and I'm a principal planner with the develapment -- zaning and land develapment review department. And I prepared the supplemental executive summary far this Page 158 January 25,2005 meeting, respanding to. the baard's questians at the last meeting an December 14th. At that time the board had asked staff to. investigate the affardable hausing issue relative to the adoptian af the grawth management plan far the Buckley subdistrict and the supplemental analysis that's pravided in that supplemental executive summary. On page ane af faur it is explained that there was discussian at the April 18th, 2002, Callier Caunty Planning Cammissian hearing abaut affardable hausing, and it quotes, an affardable hausing element, end af quate, might have been included. But when paintedly asked, the agent at that time did decline the apportunity to. stipulate any particular percentages af affardable hausing that wauld be presented. And I think it's impartant to. nate also. that the agent at that time is no. langer the agent that's befare yau naw. Because it gaes an in that supplemental executive summary to. state that the agent wauld be adding that such a cammitment cauld be made at the time af zoning. But like I said, that agent no. langer is involved in it naw that it's here at the zaning stage. Also. an page ane there's a synapsis afthe May 14th, 2002, Baard af Caunty Cammissianers hearing far that subdistrict adaptian hearing, and staff went an recard twice during that hearing to. explain that -- and I'm quating David Weeks, comprehensive planning manager -- I just want to. make sure it's absalutely clear there's nothing abaut this prapasal that has any linkage whatsoever to. affardable housing. Sa we did investigate yaur questians, and it appears to. us that it's clear fram the record -- and I did include far yau excerpts fram bath thase hearings -- that there was no. affardable hausing cammitment made as anything far the adaptian of that subdistrict. And that's all I have far yau. Again, if yau have questians, I'd be mast happy to. answer any questians yau might have. Page 159 January 25,2005 CHAIRMAN COYLE: Cammissianers? Cammissianer Halas? COMMISSIONER HALAS: I make a mati an that we apprave this, althaugh I hape that Mr. Y avanavich remembers that -- I believe that befare, in aur discussian earlier, we came up with a 50- faot height limitatian, and I believe that yau said that there was gaing to. be abaut 206 residents in there that yau felt -- but we were gaing to. have a maximum, instead afthe 251, it wauld -- we'd limit it to. 225. MR. YOV ANOVICH: That's carrect. And I'm assuming yaur mati an includes the same pravisians that was in the ariginal motian brought by Cammissianer Coletta at the last hearing. COMMISSIONER HALAS: Can we -- can yau refresh aur memory an exactly what Cammissianer Coletta said. Cammissianer Caletta, do. yau remember? COMMISSIONER COLETTA: I've got tatal recall. What was it I said? MR. YOV ANOVICH: You wanted the maximum -- excuse me -- the maximum density to. be reduced to. 225 units and yau wanted the height af the building to be 50 feet, which was -- which was yaur matian. And that mati an was seconded -- I cannat remember by wham -- I think it was Cammissioner Fiala at the time. But thase were terms we agreed to. and cantinue to. agree to.. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Cauld I ask far a clarificatian? There were several Callier Caunty Planning Cammissian recammendatians. Wauld they be incarparated by reference -- COMMISSIONER HALAS: They wauld be incarporated within the matian. CHAIRMAN COYLE: With the exceptian afthe traffic light? COMMISSIONER HALAS: The stap light, the traffic light. CHAIRMAN COYLE: Okay. MR. YOV ANOVICH: Carrect, that's carrect. CHAIRMAN COYLE: Sa we wauld incorparate in that motion Page 160 January 25, 2005 all af the CCPC recammendations with the exception -- COMMISSIONER HALAS: Traffic light. CHAIRMAN COYLE: -- afthe traffic light, akay? MR. YOV ANOVICH: Right. CHAIRMAN COYLE: So we have a mati an by Cammissianer Halas. Is there a secand? COMMISSIONER FIALA: Secand. CHAIRMAN COYLE: Secand by Cammissianer Fiala. And we have one public speaker. MS. FILSON: I have ane speaker, Mr. Chairman. Claire Goff. MS. GOFF: Gaad afternaan, Cammissianers, ladies and gentlemen. I will be very brief. I just wanted to. clear the air in regards to. Emerald Lakes. Weare the adjacent cammunity. And as yau knaw, I'm the president afthe Emerald Lakes Residents' Assaciatian. And quite frankly, I just want to. paint aut a cauple af details that have accurred since 2002. In the fall af 2002, there was an article in the Naples Daily News citing the fact that Emerald Lakes is affardable hausing. And, therefare, I wauld like to. make it knawn that there is and never has been any abjectian to. affardable hausing an that issue raised by the peaple fram Emerald Lakes. The issue that we raised in 2002 and the issue that we cantinue to. raise until aur settlement in late 2003 was a matter af density. Haw many peaple can we handle? Haw many peaple can jam the highways, use the trash, use the water, which has been in shart supply, and sa farth. That has been aur issue fram the very beginning, and that is why, you knaw, we gat -- went thraugh the whale thing with the caurts and everybody and finally sat down with the new develaper when he came farward with an -- in a pasitian that was lowering density, was giving us same other cansideratians in regard to. setbacks, that we signed an agreement with him. Page 161 January 25,2005 And I'm simply here taday to. forward that agreement to. you and ask yau, again, to. please apprave this recammendation, to. apprave this develapment as it stands befare yau taday. Thank yau. CHAIRMAN COYLE: Thank yau very much. Cammissianer Henning? And then I'll clase the public hearing. COMMISSIONER HENNING: The -- I appreciate the correspandence -- and, yau knaw, it wasn't my intent to. farce affardable hausing an anybody. We did -- I did meet with Mr. Y avanavich and we talked abaut warkfarce hausing, and I think we've came to an agreement an percentage af workfarce hausing? MR. YOV ANOVICH: Yes, Cammissianer. Keeping in mind that we're nat -- we dan't want to. increase the 225 units that Cammissianer Halas ariginally wanted to. make sure we were scaled dawn to., we dan't have an -- we dan't have an objection to. providing that five percent af the total units we build will meet the definition af workfarce hausing that's in yaur cade. Sa it wauld be warkfarce hausing as defined in yaur code, and the initial purchaser wauld qualify as -- within that incame level far workfarce hausing, and that wauld be five percent af the units, depending an haw many we ultimately build., COMMISSIONER HENNING: And that wauld pravide the prafessianals warking within the affices and -- MR. YOV ANOVICH: And other clerical peaple, right. COMMISSIONER HENNING: -- and the retail to. affard to live there -- MR. YOV ANOVICH: Yeah, correct. COMMISSIONER HENNING: -- if they shauld chaase to. do. sa. Is that a part -- can yau include that in yaur matian? COMMISSIONER HALAS: I'll put that in my matian. Just -- I Page 162 January 25, 2005 want to. make sure, and I think yau cleared it up very much -- very -- did a very gaad jab in clearing up the issue. When we say warkfarce housing, this is peaple that are professianal peaple. They'll either be -- and this is going to. be nat rental praperty, but it will be praperty that will be saId to. them; is that carrect? MR. YOV ANOVICH: Carrect, and that's the -- yes, the initial purchaser. COMMISSIONER HALAS: Okay. Sa thase are basically peaple that are coming here to. Callier Caunty and that meet the criteria far warkforce hausing, and they're prafessionals. They cauld also. be yaur palice afficers, they could be EMS, they cauld be nurses in the haspital. Sa I just want to. make sure that we gat a clarificatian an this. And that's part afmy mation. COMMISSIONER FIALA: And that will be part afmy second. It even cauld be anybady that warks far gavernment. COMMISSIONER HALAS: Exactly. Cauld be me. CHAIRMAN COYLE: And let's see if we can't summarize this matian, make sure we understand everything that's included. It will be a maximum density af 225 units, five percent af which will be affardable housing? MR. YOV ANOVICH: W arkfarce housing. COMMISSIONER HALAS: Warkforce hausing. CHAIRMAN COYLE: Warkfarce hausing, warkfarce hausing, a maximum height af 50 feet. MR. YOV ANOVICH: Correct. CHAIRMAN COYLE: It will incarparate all the recammendatians af the CCPC with the exceptian af the traffic light. MR. YOV ANOVICH: Carrect. CHAIRMAN COYLE: What have I missed? MR. YOV ANOVICH: I dan't think yau missed anything. COMMISSIONER FIALA: Yeah, that was gaad. Page 163 January 25,2005 CHAIRMAN COYLE: Okay. Then-- COMMISSIONER COLETTA: Just ignore it. Keep gaing. CHAIRMAN COYLE: I'm gaing to. call the questian. Do. you want to. -- COMMISSIONER COLETTA: I just want to. make ane camment. CHAIRMAN COYLE: Go. ahead. COMMISSIONER COLETTA: Just as an abservatian. I want to. cangratulate Mr. Y avanavich far gaing aut there and daing the right thing, bringing the public tagether and meeting their needs. Time and time again yau have dane this, yau've braught the public in here with agreement, and they've been an your side. I've seen yau take fire storms and calm them dawn and bring peace and tranquility to. the neighbarhaod. Gaad wark. MR. YOV ANOVICH: Thank yau. CHAIRMAN COYLE: Do. yau have an "Impeach Caletta" sign in yaur yard? COMMISSIONER HALAS: Taking up aur time. COMMISSIONER COLETTA: Mave alang. CHAIRMAN COYLE: Okay. I'll call the questian. I'm going to. clase the public hearing, and then I'll call the questian. All in favar af the matian, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It passes unanimausly. Thank yau very much. Naw we're gaing to. go. an to. - Item #8D Page 164 January 25, 2005 RESOLUTION 2005-82: PUBLIC HEARING FOR THE 2004 CYCLE ONE GROWTH MANAGEMENT PLAN AMENDMENTS - APPROVED AND/OR APPROVED WITH CHANGES (CP-2004- 01, CP-2004-02, CP-2004-03, CP-2004-04, CP-2004-05, CPSP- 2004- MR. MUDD: That brings me -- this bring us to. -- CHAIRMAN COYLE: -- 8D, huh? MR. MUDD: -- to. 8D, which is a recammendatian to. apprave the 2004 cycle grawth management plan amendments, and Mr. David Weeks will present fram lang-range planning, cammunity develapment's environmental services. David, let's just let it clear far just a secand. CHAIRMAN COYLE: Are we ready to. go? MR. MUDD: Yes, sir. CHAIRMAN COYLE: Mr. Weeks? MR. WEEKS: Far the recard, I'm David Weeks, planning manager in the camprehensive planning department. Cammissianers, a few brief camments befare we get into. this item, as we always do. far yaur benefit. First af all, to. remind yau that this is a legislative actian, not a quasijudicial actian, sa there's no. requirement to. swear in participants ar affer natice af ex parte communicatians. These are grawth management plan amendments. Yau see these typically twice a year. We have an annual cycle, we have the transmittal, and then adaptian. Taday is the transmittal hearing. Sa far thase petitians in this package that yau chase to. transmit to. the Flarida Department af Cammunity Affairs and ather state review agencies, yau will see these again a secand and final time at the adaptian hearings later this year, prabably in June. Page 165 January 25, 2005 I guess the last thing to. mentian as an averview, as always, we wauld appreciate if yau wauld leave these binders that we pravided to. yau in yaur affices, and we will pick thase up tamarraw. We can reuse thase by sending them to. thase state agencies. We wauld appreciate that. MR. MUDD: Okay. David, do. yau need separate individual vates an each item, ar do. yau -- it says right here that yau're recammending that all six amendments be transmitted, but do yau want them dane individually, or do. yau need a mati an for -- MR. WEEKS: Actually, we wauld appreciate a separate mati an an each af the petitians. And just as a matter af minar carrectian, staff, at least, has recammended appraval af five af these. There's one af these which we do. not recammend that yau transmit; hawever, planning cammissian did recammend transmittal af all af these items. Thank yau, County Manager, but a separate mati an on each wauld be appreciated. MR. MUDD: And that brings us to. the first petitian; is that carrect? MR. WEEKS: A cauple quick overviews, if I may, in the executive summary, which is a batch farmat. There's not a separate executive summary far each af these. Just as an averview to. mentian that as far as the fiscal impact gaes, in staffs apinian there is nane, mast like particularly at this time because this is a transmittal hearing. Yau are nat taking final action on any afthese petitians. No. particular enviranmental issues at this time, and we'd remind you that even ance these amendments are adapted, the site specific anes, the next step in the pracess wauld be rezane petitians far the individual sites, and at the time a specific review is made far enviranmental impacts as well as campatibility, traffic impacts, et cetera. As I stated earlier, the planning cammissian did review these Page 166 January 25, 2005 items and they did recammend transmittal af all six af them, though there was a split vate an all afthase except far the caunty-initiated amendment. And the staffrecammendatian, as well as planning cammissian's, is identified in yaur executive summary under each af the individual petitians. And as is yaur typical pracedure, the staff will fallaw the petitianer far all petitions submitted by the public. Thank yau. MR. MUDD: And the first petitian is CP-2004-1. It's a petitian requesting an amendment to. the future land use element to. madify the urban residential fringe subdistrict to. allaw the affardable hausing density banus af 196 afthe 235 acres in the San Marina PUD, located an the east side af Callier Baulevard, one paint -- ane and a quarter miles sauth af Davis Baulevard in Sectian 11, Tawnship 50 south, Range 26 east, Rayal Fakapalm planning cammunity, and the coardinatar is Jean J aurdan. And Mr. Rich Y avanavich, are yau the petitianer? MR. YOVANOVICH: Yes, sir. MR. MUDD: Ga. MR. YOV ANOVICH: Again, gaad afternaan, far the recard, Rich Y avanavich representing the petitianer. With me taday also. are Richard Davenpart, who is the representative af one af the jaint venture partners; Dr. Sam Durso., who. is a representative of the ather jaint venture partner; Dwight Nadeau, with RW A, who. is the planner an the praject; and Reed Jarvi, with Vanasse and Daylar, who. is aur transpartatian cansultant an this praj ect. This is a unique applicatian request. This is a jaint venture entered into. by Waterways Develapment, who. yau've seen an many accasians, and Habitat far Humanity, who yau've also. seen an accaSlans. They've entered into. a jaint a venture to. actually acquire same praperty with the intent af jointly develaping it far bath a market rate Page 167 January 25, 2005 praject and an affardable hausing praject that wauld serve the very law incame categaries. We are simply, taday, requesting that this praperty be eligible far an existing pravisian in the camprehensive plan that would allaw far up to. six units af density banus far an affardable hausing praj ect. We're nat befare yau taday requesting the six units. And I think it would be helpful to go. aver -- and we did this with the planning cammissian. When we do. come farward with the PUD, assuming this is transmitted and adapted, what we're requesting is that an the 196 acres that's being added far being eligible far up to. six banus units, we're anly asking -- we're gaing to. anly asked far faur dwelling units. There have been same numbers published that wauld be, yau knaw, a worst-case scenario if we asked far the full six, but we're nat asking far that. We're anly asking far the faur. And how that would break aut -- that wauld be a tatal af 785 units. That wauld break out as 549 market rate units and 236 affardable housing units serving the very law incame categary. The averall praject density, ifyau include the existing apartments that are there far the entire 235 acres, wauld be 4.8 units per acres. If we maximized the density banuses, which, again, we're nat, we cauld ask for 7.5 units per acre. The averall praject density would be 4.8. The pravisian that exists in the comprehensive plan actually requires that we pravide mare affardable hausing units for the urban residential fringe than we wauld be required if we were in the general urban area. By way af example, if we were in the general urban area and we were gaing to. pravide the very law incame categary, anly 10 percent af aur units, the banus units, wauld be required to. be affardable. Under this pravisian, 30 percent of those units are gaing to. be required to. be affardable, and we're gaing to. be serving the very low categary . Page 168 January 25,2005 Sa we're actually, by utilizing this pravisian, providing a higher percentage af units that will be affordable in return far the density banus units than yau would find in the urban area if yau were asking far density banus units. We believe that the praject serves a very impartant need in Callier Caunty far this incame categary. We believe that this is -- you knaw, again, I said it was a unique situatian. It's the first jaint venture entered into., a private develaper, semi-public developer, Habitat, to. go. farward with this praject. Y aur staff has recammended that we -- that yau transmit to. the Department af Cammunity Affairs. Y aur staff repart's very detailed. I wanted to. hit the highlights af what we're requesting. Dr. Durso. is gaing to. make a few remarks, and then we'll apen aurselves up to. any questians -- unless yau want to. ask us questians now -- that yau may have regarding the praj ect. CHAIRMAN COYLE: Go. ahead. Let's cantinue with the presentatian. DR. DURSO: Far the recard, I'm Dr. Sam Durso.. I'm president af Habitat far Humanity af Collier Caunty. As yau know, there's a tremendaus need far mare affardable housing in the caunty. There's a deficit af abaut 20,000 units right naw. The current grawth management plan calls far 500 units per year to. be appraved ar built. We think 2,000 per year wauld be a mare respansible number, and we still may nat salve the prablem at 2,000 per year. Habitat far Humanity has had tremendaus suppart thraughout the caunty and tremendaus support fram the Callier Caunty Commissian. And we have aver 17,000 hausehalds in aur data base af falks that have helped Habitat far Humanity in this caunty, either as volunteers ar danars. By far mare than any other nan-prafit in the caunty. We have tremendous support. In the last six years, we've raised aver $20 millian in private Page 169 January 25, 2005 danatians in Callier County. Sa Callier County residents are very generaus and they suppart the cancept af affardable hausing. This has helped us build 115 hames this past year, making us the number ane habitat affiliate in the warld, right here in Callier County. I have maps that I'm going to. give each af yau that yau can take hame with yau that shaw where all the Habitat far Humanity housing is in the caunty. I spent a little bit af time an that. It also. shaws where all aur valunteers and danars came fram in the caunty and where the maney has came fram in each district. Right as af taday, 50 percent af aur hames are in District 1 and 50 percent are in District 5. We have abaut 350 campleted hames in East Naples and 350 campleted hames in Immokalee. With the land that we have under cantract, with all this land an this map that I'm shawing yau, if everything is appraved by yau -- by your cammissian aver the next year ar two, we will build all the land we have in the next 15 years. And at that time, we will have 20 percent af aur hausing in District 1 and 80 percent in District 5, and unfartunately, nane in the Districts 2, 3 and 4. The caunty definitely needs mare affardable hausing closer to. jabs. Many years ago. the fir -- I mean, I've been daing this far 12 years, and I remember the first time I met with one af the cammissianers and they said, well, yau knaw, my canstituency wauld rather we put all the affardable hausing in Immakalee. Well, that's nat possible. The jabs are here in Naples. We need mare affardable housing claser to. Naples. And we still do. a great jab in Immokalee, and we build lats of hauses in Immakalee and will cantinue to. do. it. Traffic is an issue, but affordable hausing is definitely an issue. And having affardable hausing claser to. jabs will actually decrease the stress an the raads. The Habitat hameawners, and we're talking 236 Habitat families Page 170 January 25,2005 who. live at this San Marina camplex, a lat af them, even walk to. wark, at Wal-Mart, at the new haspital, at the Publix, and definitely at all the galf caurse communities. We have peaple warking at every single galf caurse community up and dawn 951. Habitat has a $2 and a half millian investment in this praperty, and we wauld suffer tremendaus financial hardship if we can't build there. We have a tremendaus partnership with the county . We need yaur cantinued suppart in appraving aur subdivisians sa that tagether we can make substandard hausing sacially, marally, and palitically unacceptable. Thank yau. CHAIRMAN COYLE: Thank yau, Dr. Durso.. DR. DURSO: I'm gaing to. give yau these maps that -- COMMISSIONER HALAS: Haw many units afHabitat far Humanity were gaing to. be in this camplex? DR. DURSO: Two. hundred thirty-six. COMMISSIONER HALAS: Two. hundred thirty-six. CHAIRMAN COYLE: I gat one, Sam. MR. YOV ANOVICH: I just wanted -- thank yau. I just wanted to. put up there just where the praject map is in relatian to. ather develapments. We're narth af Immakalee -- I'm sarry, narth af Rattlesnake Hammack Raad. We're just south of -- I fargat the name af the project. Glen -- Farest Glen, just south af Farest Glen. I do. want to. put up the existing master plan for the PUD, just to. give yau an idea af what's there. As yau can see fram -- this is the existing PUD master plan. As yau can see -- and we're nat prapasing to. change that -- is this area right here is preserve and will remain preserve, sa near -- the develapment nearest Farest Glen will be a preserve, sa we believe that campatibility wan't be an issue with our neighbars. With that, we apen aurselves up to. any questians fram the Page 171 January 25, 2005 cammlsslan. And, again, if there's any camments fram the public, we'd like to. address thase that are raised. CHAIRMAN COYLE: Cammissianer Halas? COMMISSIONER HALAS: Yes. I'm very cancerned abaut what's prajected there far tatal units that are gaing to. be develaped in this whale area, and I'm cancerned abaut the traffic. And sa the first question I'm gaing to. ask is to. N arm Feder in regards to. where we stand, again, with the raad and its capacity. Basically what I'm talking abaut is the carridar afU.S. 41 and 951 at that area, all the way up to. where this particular prapased praject is. MR. FEDER: Cammissianer, far the record, Narman Feder. I dan't believe I was swarn in. I was autside the raam. I dan't need to. be, fine. What I do. want to. tell yau in answer to. that questian is right naw we have same canstraints in our capacity, but we have a praj ect to. mave fram faur to. six lanes. It's to. be let fairly saan, sa there is not a cancern immediately relative to. capacity in that carridar. In the five years though, we see aurselves getting very canstrained with what is already out there, bath vested and atherwise appraved in PUDs current zoning, and we have a real cancern that in spite af the fact af agreeing very strangly that affardable hausing is needed in the caunty, that it daes help reduce trip lengths, we have a carridar here alang 951 that we have no. viable alternate alignments, ar very few. And we're very cancerned that we're starting to. try and loak at what we can do. to. the east af 951, which has a set af issues that we're gaing to. have to. deal with, and we dan't have a lang-range answer, sa, therefare, up-zaning, as was braught up befare -- althaugh yau may cansider it here, and far gaad causes, cansider it -- we would, as we brought up in the AUIR meeting and as we will bring up under yaur cancurrency review, we have cancern abaut up-zaning particularly in this carridar, where right naw we see some canstraints well aut past Page 172 January 25, 2005 five years unless we bring farward some praject, which right naw are anly in the cancept stages. They're not even in the plan and maving tawards praductian. COMMISSIONER HALAS: One ather questian. This is for Jae Schmitt. Cauld yau give us a presentation af basically what is praj ected aut there as far as grawth and haw many units right naw that are scheduled to. be built in this general carridar? MR. SCHMITT: Far the record, Jae Schmitt, administratar af cammunity develapment/enviranmental services. And let me boot this up. I prepared this yesterday at the request af Commissianer Fiala and then again in discussing this with Commissianer Halas. And I'm just gaing to. run through it. Again, we're certainly in suppart af affardable housing, but just to show and understand what is zaned aut there. And I can run through at least same af the vested units -- and vesting meaning they already have the cancurrency vested -- and I can go. thraugh the area. This is the area we're pretty much talking abaut, and if yau fallaw in the general area, yau knaw there's the Callier Regional Medical Center and anather ane coming in, Newtan's (sic) Square. But ifyau take this entire carridar -- and here we are at 951 and 41, all these units in blue are recent zanings in the last two. years, excluding, of caurse, Lely and Fiddler's Creek and Hammack Bay have already had zaning. But caunting what will be built aut in that area, a little aver 16,000 units prajected to. be built. And these are all units in there. Of caurse, Lawe's is gaing in at 951 and 41, and the Super Wal-Mart still. N aw understand, that thaugh the zaning is appraved, cancurrency daes nat mean that they're going to. get their building permit ar their lacal develapment arder, excluding thaugh, the DR!s, Fiddler's Creek, Verana Walk, and Winding Cypress are DR!s, and Lely, sa they are -- they're already vested. Page 173 January 25, 2005 The ather units aut there, mast af the athers will be impacted thraugh the cancurrency amendments and will have to. be cleared thraugh the cancurrency amendments to. deem that the roads are adequate to. autharize the fallow-an canstructian. I'll go. dawn further. This is, af caurse, the Super Wal-Mart, which is certainly an area of concern, but understand that was the Benderson Develapment and that was -- that was a vested develapment. And we go. up even further, when yau get up into. this area, and certainly in the Vanderbilt Beach, gaing up -- and these are the different PUDs all the way up thraugh, and then up into. the narth end af 951, and thase are the units that were just appraved in the last two years, all that develapment up at 951 and Immakalee Raad. Sa -- and in a nutshell, Cammissianer, hapefully that answers yaur questian. Thase are the -- at least the appraved praj ects in and alang 951. Naw, understand that a mile east af951 ends the urban baundary, and then we abut up against the rural fringe mixed-use district. That's where we're dealing with TDR's, sending and receiving lands, and that's pretty much it. We were nat gaing to. go much further east. This San Marina project, af course, is right at the edge af the rural fringe. Based an the Belle Meade area, the develapment will nat praceed any further east unless, af caurse, we deal with the TDRs, and the receiving areas are really, in regards to. the Belle Meade area, are dawn alang the sauth trail, east af 951. COMMISSIONER HALAS: Sa right naw, what San Marina is appraved far is 352 existing units; is that carrect? MR. SCHMITT: Let me see the San Marina praject. COMMISSIONER HALAS: Three fifty-two., is that -- MR. SCHMITT: And I shaw at San Marina is 352 existing, 800 plus requested. I believe Mr. Y avanavich amended that. COMMISSIONER HALAS: To. 758. Page 174 January 25, 2005 MR. SCHMITT: I guess to. seven hundred -- COMMISSIONER HALAS: Eighty-five. MR. SCHMITT: -- eighty-samething. Yeah, 780. And that's actually affmy map. Of caurse, that's narth afNewtan's Square, New Tawn Square. New Tawn Square was a camp. plan amendment appraved last year far affardable hausing ar workfarce hausing in and araund the new haspital that's already been appraved. Sa, Cammissianer, I don't knaw if that answers yaur questian, but that's what I'm shawing right now, abaut 800 plus, and I believe that's been amended this marning, ar this afternaan, to. 750, plus ar mInus. CHAIRMAN COYLE: Cammissianer Caletta? COMMISSIONER COLETTA: Yeah, Mr. Schmitt, befare yau leave the dais, wauld yau answer this far me; at taday's transmittal, what wauld happen if we weren't able to. reach same sart af agreement and this was to. go. farward? What wauld be the next step it wauld be befare this pracess wauld take the next step? MR. SCHMITT: Well, as Mr. Weeks said, it carnes back far adaptian. And then -- then they have to. came back in again and go. thraugh zaning and -- which I assume would be under a PUD, amendment to. the existing PUD. And at that time they get their zonIng. Certainly the zaning daes nat give the green light far develapment. They still have to. go. thraugh the site develapment plan ar final plat and plan pracess. And ance they get their plat ar plan appraved and the caunty approves it, deemed it based an the fact the capacity is available an 951 to. suppart the praject, then they wauld get their lacal develapment arder and they would be able to. praceed. COMMISSIONER COLETTA: There are numeraus safeguards MR. SCHMITT: Absalutely. COMMISSIONER COLETTA: -- and checks and dauble checks Page 175 January 25, 2005 MR. SCHMITT: Absolutely. COMMISSIONER COLETTA: -- gaing back to. it. Naw taday, if we were to. send this farward to. transmittal, the first part af a lang, tediaus pracess, it would take three vates; is that carrect? MR. SCHMITT: Three vates far transmittal, faur far adaptian. COMMISSIONER COLETTA: Right. And that's just -- I just wanted to. bring all that and try to. put it in perspective. MR. SCHMITT: And I appreciate that, Cammissianer, because there are several safeguards. And this daes came dawn to. the issue in regards -- and Mr. Feder can address that further as well, the issue in regards to. cancurrency. COMMISSIONER COLETTA: One last questian, if I may, Mr. Schmitt, and I think yau can prabably handle this quite well. Haw can we do. affardable hausing withaut density? MR. SCHMITT: Well, that's the real issue, and that's the dilemma. The anly way in Callier Caunty, because afthe cast afland and the develapment, if yau want affardable hausing and in order to. meet the demand, the anly way we can do. it is to. pravide density to. reduce the cast af the individual unit in regards to. -- to. create affardable praduct. And this really is a true example af inclusianary zaning. Gavernment's nat invalved in this. It's a private develaper and certainly a develaper who. meets the needs af the law, law incame, and it's their initiative. It certainly is nateworthy in regards to. what is being prapased. And, again, an that issue, density is the anly way we can pravide that praduct. And it's little -- little less ar araund faur units an acre, which is pretty much what we built anyway in the urban area. COMMISSIONER COLETTA: And inclusianary zoning is samething I think this cammissian has been trying to. wark far in the past with limited success.w Page 176 January 25, 2005 MR. SCHMITT: Yes. COMMISSIONER COLETTA: And naw we have the private enterprise caming in and affering it to. us. MR. SCHMITT: Yes. The anly unique difference in this thaugh is, af caurse, Habitat will be in its awn area, but that's at the request af Habitat, and Mr. Durso., Dr. Durso., can certainly explain that, their reasons why they would do. that. COMMISSIONER COLETTA: And knawing what we know about the 951 capacity and the future increase to the six-Ianing af951 and the develapments that are gaing in there, at what paint wauld we reach meltdawn, ar wauldn't we, ar is that a questian yau really can't answer? MR. SCHMITT: I wauld definitely turn again to. my calleague, Narm, because he can tell yau what's -- COMMISSIONER COLETTA: And as clase as yau can get to. layman's explanatian af it, Narm, wauld be appreciated. MR. FEDER: We've laoked five years aut an trend analysis. It daesn't appear that we'd have a prablem within the five-year period, but it does laak that ance yau get further aut, again, in layman's terms, depending an haw fast these prajects that yau saw up there actually build aut, I wauld tell yau appraximately 10 years. That's assuming a fairly strang market and cantinued grawth. But at that end af 10 years we have significant prablem in that we wauld have six lanes and no other real viable alignments unless, during that periad af time, we went forward with same items. And as I said, we have same concepts. One that yau might want to. raise with this is, is there any way that they can help to. the patential af a narth/sauth alignment to. the east af 951 through their praperty in same manner and athers as they came alang in this area. We're just starting to. study that as we saw the issues that have came aut af aur cancurrency system, and we do. praject farward. As I said, within five we're all right. About 10, we're gaing to. have same Page 1 77 January 25, 2005 significant canstraints in this carridar, especially with any mare up-zaning alang this carridar, unless we have same answer and alternatives bath in the sauth end, and yau just recently started same issues relative to. the narth end with extensian af raadways in that area. CHAIRMAN COYLE: Cammissianer Fiala? COMMISSIONER FIALA: Yes, thank yau. May I ask yau a cauple questians, Jae? MR. SCHMITT: Certainly, ma'am. COMMISSIONER FIALA: Thank yau. I natice here as I'm laaking, the Super Wal-Mart has opened, and we've had quite a few camplaints abaut the traffic that's generated fram there, actually a lat af camplaints. The West Part Cammerce Center has nat apened at all, right? MR. SCHMITT: The -- it's zaned, but there's nathing in there right naw that has actually been appraved yet. COMMISSIONER FIALA: I see. But I natice them scraping graund or samething there. MR. SCHMITT: Yes. COMMISSIONER FIALA: Sa what is that planned for, please? MR. SCHMITT: Well, it's the -- it's an affice cammerce center. It's far affice, general affice space. But right naw I knaw af nathing that is actually planned to. go. in there. COMMISSIONER FIALA: On the sign it says medical and so farth. I guess -- MR. SCHMITT: Medical, general affice space, yes. COMMISSIONER FIALA: -- to. carrespand with the haspital. MR. SCHMITT: Yes. COMMISSIONER FIALA: And then an the carner there where it says Callier Baulevard Cammercial Center, right an the carner af Beck and 951 and Davis there -- MR. SCHMITT: That is actually the Wal-Mart center, that Page 178 January 25, 2005 square. COMMISSIONER FIALA: Oh. Well, then I understand there's MR. SCHMITT: Well, I stand carrected. No., the Wal-Mart center is the West Part's Cammerce Center. The -- there is an autparcel out there that is a small cammercial center. That's where the gas statian is right naw. COMMISSIONER FIALA: Naw, there's suppased to be a shopping center gaing in right there also.. There's a big sign that says . h? sa, ng t. MR. SCHMITT: Yes, and nathing has came in far that yet. COMMISSIONER FIALA: Even though the sign is there. MR. SCHMITT: Right. COMMISSIONER FIALA: But again, we know that's coming. MR. SCHMITT: Eventually, yes. COMMISSIONER FIALA: Sa naw we're beginning to. hear of haw much is gaing to. be generated an this area. We also. knaw that -- that Collier -- that the medical center wants to. came in there. One af my cancerns -- and I'll just say this -- with the cancurrency, I wauld hate to see the cancurrency grab up the space available, and then a much-needed hospital cannat get it, and I'm very cancerned abaut that, much less the medical needs in the area. What I'm -- I'm also. cancerned with is, I think we shauld have learned aur lessan fram what's happened an Immakalee. As desperately as we need warkfarce housing and affardable hausing, and that's a much-needed cammadity, I've always been avidly for it, but nat to. the detriment af aur raads. I think if -- if we do. again what's happened up there an Immakalee sa that then peaple can't even travel, then we're doing a terrible injustice to. aur cammunity because everybody's gaing to. have to. live with the decisians we make taday. And we can see what's already caming an baard. We already Page 179 January 25, 2005 knaw what's planned, and we dan't -- and there are same that we dan't even knaw that are planned yet. And I dan't see that we have to grant density banuses if they already have a certain amaunt an each parcel af land. I think we aught to. be very canservative as we laak at this entire carridar, nat anly right here, all the way dawn. Naw that we knaw where the baaming is -- the baaming grawth is gaing right there, we must all be canservative in whatever we laak at to. make sure that we dan't increase density, whether it be density banuses -- it daesn't make any difference what it is. We have to. make sure that the peaple can travel an the raad afterwards, ar we're gaing to. create, all by aurselves, another Immakalee Raad. (Applause.) CHAIRMAN COYLE: Cammissianer Halas? COMMISSIONER HALAS: Yes. This is far Narm Feder. I just want to make sure that I understaad you carrectly. And in yaur dissertatian, I believe yau said that you dan't recammend any up-zoning in this particular corridor because af the fact af what we've gat caming in there; is that carrect? MR. FEDER: Generally, yes. The part that I said was that up-zaning in this carridar where we dan't have future answer, until we consider and establish new alignments, is af cancern. What you're weighing against that is the passibility af reducing trip length from affardable hausing and/ar from emplayment centers, and that's samething we've have to. laak at in mare detail. But generally speaking, yes, along this carridar, we're telling yau that we dan't have any majar new alignments. We're bringing dawn Santa Barbara an a faur-Iane crass-sectian as well as Caunty Barn dawn to Rattlesnake where we have limitatians there to. 41, and we dan't have any defined carridar. Sa back to. yaur questian, yes, we are thrawing aut restraint and cancern abaut up-zaning alang this carridar when we laak at what we Page 180 January 25, 2005 already have appraved aut there. COMMISSIONER HALAS: I also. think that there was anather Super Wal-Mart sameplace up in this carridar, taa, wasn't there? MR. FEDER: There's a Super Wal-Mart at Davis. There's one requested just sauth af 41 an 951. That ane has not been approved. The ane an Davis, af caurse, is develaped already. COMMISSIONER HALAS: And why is that -- why can't it be -- MR. FEDER: Because af the constraints that we have south of that carridar given current traffic and just vested traffic. That vested traffic, af caurse, includes same trips that mayor may not develap aut af Lely and aut af Fiddler's Creek. But right naw we're warking with that W al- Mart and seeing whether ar nat they can expand the lanes an 951 sauth af 41 and make significant intersectian impravements, whether they cauld praceed. But as it stands right now, while they have the basic zaning, we dan't have the capacity. And that is the first area where aur cancurrency came farward and said, based an existing and vested trips, we cannat allaw it to. go. unless either some af the vested trips are removed ar additianal capacity is provided. Sa, sa far we're warking with them an the capacity issue if they want to praceed. COMMISSIONER HALAS: Okay. Thank yau. CHAIRMAN COYLE: Cammissianer Caletta? COMMISSIONER COLETTA: Mr. Feder, befare yau go. taa far. MR. FEDER: Yes, Commissianer. COMMISSIONER COLETTA: Yau said that there's a study that wauld have to. take place to. see what kind af trip miles wauld be generated and also. what trip miles wauld be saved if this particular entity was allawed to. happen; in ather words, these peaple wauld be warking in the area, they'll have to. came into the area fram autside, maybe fram great distances, and impact mare af the raads. Those are Page 181 January 25, 2005 numbers that wauld came to. us at what paint in time in the pracess if we went farward taday? MR. FEDER: Yau go. farward taday, we wauld cantinue to. laak at it. We're daing madeling. What yau may want to. do. is ask the develaper themselves to try and shaw yau their camparisan of what trips wauld be generated based an ather passible uses af the site. Staff can try and do. that as well. And we cauld have that ready as you might cansider this, after it gaes thraugh DCA, if that's yaur request af staff. COMMISSIONER COLETTA: Thank yau, Mr. Feder. CHAIRMAN COYLE: Let me make a cauple af camments abaut this situatian, and this is what makes -- Mr. Feder? This is ane af the things that makes this pracess af cantralling growth sa canfusing. This is nat a request to. build anything. It's merely a request to. rezane samething, ar I'm sarry, make a madificatian af the grawth management plan future land use. MR. FEDER: Carrect. CHAIRMAN COYLE: And anything we do. with respect to. that taday daes nat guarantee anyane that they will have a right to. build a single structure. MR. FEDER: I wauld, I wauld say -- CHAIRMAN COYLE: But the paint is that having approved it with a cammitment to. pravide an affordable hausing density banus, the praperty awners have every reasan to. expect that when the time comes, that they will have a right to. build that, althaugh they really don't have the right. MR. FEDER: Technically they will have the right. The issue is timing. Cancurrency daesn't remave the right far sameane to. develop the land based an the zoning that they have, sa if land were -- and I realize this is anly a camp. plan amendment and nat yet the rezaning. But if this camp. plan amendment and then the subsequent rezaning were to. accur and they had mare rights an that land, if we Page 182 January 25, 2005 didn't have available capacity, they would not be able to move at that time. If that happened and others came forward and we declared a moratorium, we would be required to then develop and provide the solution in a reasonable frame of time to allow all of that development to the level it has rights to develop, to develop. So when we up-zone, we're adding to that future commitment, although concurrency will say that we don't let it go if we can't address it at that point in time, until we can fix it and address it. CHAIRMAN COYLE: Okay. So I think that's where I'm going with this. If we permit the growth management plan change and then we go through the subsequent rezoning process, then we -- if the concurrency system will not permit the building of that density there and we have to declare a moratorium, we are obligated by state law to improve the capacity of the roads, and the state doesn't care where we get the money. They just say we've got to do it. MR. FEDER: Correct. CHAIRMAN COYLE: And it's a state statute. And that's what makes this process so complex and confusing. MR. FEDER: It does. CHAIRMAN COYLE: And if what you're saying is that -- that the only way you can control this is not to approve the zoning or to approve the growth management plan provision, what recourse does the landowner have for use of their land? MR. FEDER: The landowner obviously has the use of their land as they're currently zoned. But again, if we can find some alternatives to improvement that allow us to address those demands in the future -- as I said, we've got an unusual situation in this part of the county not only with the growth, but with having very limited parallel facilities, whether they be north/south or east/west for U.S. 41. And so until such time as we see on the reasonable horizon a viable corridor, I'm throwing up this flag of alarm. But, again, going Page 183 January 25, 2005 back to the questions, and they're important, so I don't want to overstate it. Right now we've got the capacity, and by our system, we would have the capacity because we're six-Ianing the roadway. We generally have the capacity as we project out five years, and that's what we project out because it gets a little fuzzier after that as to what improvements you might make and how quickly and other issues. We have the capacity but it's getting very tight. If we look at all this corridor as it exists today, nothing changed, and if it develops, we can't handle it without other improvements. Now, I don't want to presuppose we won't find other improvements. I'm only telling you that right now in our long-range plan, we don't have identified, at this point in time, other improvements that could handle it. So that's the point I was trying to make to you. CHAIRMAN COYLE: So I think what you're saying to us is if we're going to try to control the ultimate capacity problems of this stretch of the road, you've got to do it at the point of a growth management plan provision, a revision, or zoning. MR. FEDER: In this particular corridor with the limitations we have, we're raising that alarm to you, yes. CHAIRMAN COYLE: Okay, all right. Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes. Commissioner Coletta stated something about the impact on the roads if we don't build it, and we're very fortunate we already have 362 going on down the road about -- I don't know, about quarter ofa mile, it's called Newton's (sic) Square, and it's 365 units, and we're very lucky also right now on Rattlesnake Hammock we have a lot of workforce housing, as well as affordable housing down there, and people can just walk because it's right there at the end of their street. So we are -- we are lucky to have all of these people right close by. So I'm not too, too worried about that, Commissioner Coletta, but Page 184 January 25, 2005 thank you for asking. Also I wanted to say, on the subj ect that you were already addressing, many times -- and I've heard it in my office -- when we approve something like this, the beginning of the process, what we're doing is saying, we agree with this and let's see if we 'can go forward. We'll give you the approval to go this far, and then if you get down the road a little way and then you yank it, then everybody is very concerned that you've yanked the privilege of doing whatever it is they've asked because we've given them the green light all the way down the line. And I truly am worried about that road, and I'm also worried about concurrency, eliminating a hospital we desperately need. So that's where I stand. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yes. Where I stand on this, I guess, is that when we have this for a transmittal for a compo plan, my problem is that if we establish a number on this, just as the Buckley PUD was established many years ago, immediately when the person decides that he wants to develop this, he assumes that he is entitled to that total density of what they're asking for. And, of course, we went through this process with the Buckley PUD. We were able to get it down to a likable size. But when you looked at the general area there, it really didn't fit into the overall equation of the total density per acre, and that's what I'm concerned about. Then when I hear the scenario by our transportation department and when I look at what community development/environmental services provide with me (sic) in the possibility of all this build-out that's going to be here in this general area, I've got some real serious concerns. And I don't think I can approve the -- add the density of where it is today. Right now they're approved for 352, and they're looking for Page 185 January 25, 2005 something in excess of 780, 750 units. And when I look at what's down there, I have a very difficult time with this. CHAIRMAN COYLE: Okay. We've pretty much talked this one to death. Do you have anything more you want to tell us? MR. YOV ANOVICH: Yeah, I do, briefly. CHAIRMAN COYLE: Wait a minute. Commissioner Henning has a -- COMMISSIONER HENNING: I didn't talk it to death yet, been listening to everybody else. CHAIRMAN COYLE: Give it a try. COMMISSIONER HENNING: This reminds me of self-inflicted inclusionary zoning as it comes forward, and it's quite amazing that when it does come up, that we have a tendency to say no. I just -- I know the fact that HMA's going to be there. I know that Wal-Mart's across the street. I know that Marco Island doesn't have any affordable housing. I don't think they're going to build any. I didn't see any at Fiddler's Creek. So I'm -- you know, I'm not sure where we're going to put it. The people who are going to work are going to drive that road anyways, they're just going to drive further. They might come from Immokalee Road, from Immokalee down 951, and stretch the whole stretch to get to Marco Island, Fiddler's Creek or Wal-Mart. But I think it's a great proposal. It's something that we need. And I know that, God forbid that we have affordable housing next to a gated community, but it's an element that we need. I mean, nobody wants beach access next to their beachfront home, do they? Huh? So where are we going to put the beach access? COMMISSIONER FIALA: Well-- well, we do have some. We have the Assembly Center sitting right there with all of their affordable housing, and, you know, it's a homeless shelter, and they're also a -- you know, a resource for recovery people, and that's a wonderful thing. Page 186 January 25, 2005 We also have Newton's Square coming in. It's not like there isn't any in the area. They're right there down the line from that one. And I just think that 1,137 units versus the 350 that were originally approved is just too much of a strain on a street. I just -- I just think that that's not fair to the people in the area. COMMISSIONER HENNING: I don't know if we ever looked at a backage road when we did like FP -- we never looked at another corridor down, parallel to 951. And, you know, maybe that's a solution. COMMISSIONER FIALA: We need to do that. COMMISSIONER HENNING: Yeah. MR. YOV ANOVICH: Can I -- is it premature for me to speak, Mr. Chairman? CHAIRMAN COYLE: Whoa, whoa, whoa, wait a minute, wait a minute. We've got 25 speakers on this item? MS. FILSON: We have 25 speakers total on this agenda item. On this one I can count 13, however, all the speakers are -- all the slips aren't clearly filled out. So after I call these, I'll ask if there's anyone else. CHAIRMAN COYLE: How many people are there who want to address -- speak on this particular item? COMMISSIONER HENNING: Let's hear from them. MS. FILSON: I have 13 that I know, and some of them didn't completely fill the slips out, so I'll have to ask if there are any more after I call them. COMMISSIONER HALAS: I'd just like to make one statement, and then we'll listen to the people. CHAIRMAN COYLE: Sure, okay, okay. COMMISSIONER HALAS: I feel the same way that Commissioner Fiala and Commissioner Henning do, that we need to have affordable housing, there's no doubt in my mind, and I don't think the issue here is not -- not putting it in our back yard. Page 187 January 25, 2005 COMMISSIONER FIALA: Right. COMMISSIONER HALAS: I think the issue is the density, and I will make a motion that instead of the 785 that you proposed, that we make -- I make a motion for 500. CHAIRMAN COYLE: Okay. We have a motion, but we haven't heard from the public yet. COMMISSIONER HALAS: That's right. CHAIRMAN COYLE: Do you want to -- is there a second to that motion? COMMISSIONER HALAS: Guess not. CHAIRMAN COYLE: Okay. It dies for lack of second. Let's start with the first speaker. And in the interest of getting this done before midnight, if -- each of you has an opportunity to speak, but I'd ask that you not be repetitive. If someone else has already made your point, maybe you could just stand up and say, I agree, and then we can move on, otherwise we're looking at almost another hour of just taking public comment on this particular -- particular issue. MS. FILSON: Three minutes. CHAIRMAN COYLE: Yes, three minutes, three minutes each. MS. FILSON: The first speaker is George Schutz, and if I could ask -- MS. JOURDAN: May I have one moment? One minute, please? MS. FILSON: And if I can ask the next speaker to come up and stand. CHAIRMAN COYLE: Sure, go ahead. MS. JOURDAN: Okay. Just -- Jean Jourdan, comprehensive planning department. I just wanted to put on the record that staff has received no correspondence regarding this; however, I received several telephone calls from the Naples Lake development community. And also, I wanted to -- I had received a phone call from someone named Deborah yesterday, and she has asked me to email Page 188 January 25, 2005 her some information, and it kept coming back undeliverable. And she didn't -- if she didn't receive that, I wanted to apologize. CHAIRMAN COYLE: Okay, fine. And Deborah, if you're in the audience, and you need that information -- MS. JOURDAN: I'm sorry. CHAIRMAN COYLE: -- this is the lady who will get it for you. MS. JOURDAN: I'm sorry. Did you get it? MS. SIMPSON: No. MS. JORDAN: Okay. CHAIRMAN COYLE: Okay, fine. We'll go with the first speaker. MS. FILSON: Okay. The speaker is George Schutz. MR. SCHUTZ: Schutz. MS. FILSON: He will be followed by Norm Bussaro. I'm sorry, sir. MR. SCHUTZ: Hi, Mr. Chairman and Commissioners. I -- my name is George Schutz. I live in Forest Glen. And the traffic over there is -- is really kind of pathetic. What you need to do is to get in a helicopter and look all the way from the stoplight almost back to 41 from three o'clock till six, coming off of Marco or wherever, and so the idea of just one more unit being built in there, or PUD being built in there, to me, seems rather -- given any approval of any type, seems somewhat ridiculous, I guess. But for them to ask for -- going from 1.49 to 6 point -- but now I guess it's been reduced to a 5.4 or something density, the density is, I think, really too much for basic traffic. We can't even pull out of our development to get onto 951 as it is. Traffic going into San Marino's own development, their gate is so close that people can't get out of there. They have to -- the people that are coming out -- the gate remains open because they can't get them all up there to get out. So the traffic that's there is probably much worse than what you even think about since W al- Mart has opened, Page 189 January 25, 2005 too. So I appreciate that. CHAIRMAN COYLE: Thank you very much. MR. SCHUTZ: Thank you. MS. FILSON: The next speaker is Norm Bussaro. He will be followed by Deb Simpson. MR. BUSSARO: Mr. Chairman and Commissioners. Like you said, the thing has been pretty much beat to death from about every area. I'm a Forest Glen resident, member of their board of directors. I think you all got an email from our vice president of the board of directors, Laura Depamphilis, indicating our reservations about this project going through. Norm Federer (sic) already said that the growth that's already been planned here, it's going to be a madhouse. My words, not his, but that's what he inclined (sic) us to believe. Well, the madhouse is almost here now when we try to get out of our development onto 951, okay? Now, what we'd like you to do -- I know it's impossible -- is to disapprove about half of the ones that you saw up on this board, and it might be more realistic, otherwise, you may have to find an alternate route east of 951 a lot sooner than you think you may have to. Commissioner Fiala, I applaud you in your comments about not making 951 into another Immokalee Road. That's the last thing we can do. And this is a perfect place for that to happen, since there is no alternative north/south route near here, okay. So what we would like you to do, respectfully, is to disapprove this petition for transmittal. We ask you, please do not approve this transmittal. We'd like to see it end here because it belongs to be ended here. And with that, I have no more to say. Thank you very much. CHAIRMAN COYLE: Thank you very much. Page 190 January 25, 2005 MS. FILSON: Deb Simpson. She'll be followed by Dick Spangler. MS. SIMPSON: Dick Spangler is not here. MS. FILSON: Okay. Ken Sutter. MS. SIMPSON: He's not here either. I'll be speaking for all of them. MS. FILSON: Jim Dishinger. MS. SIMPSON: I'm Deb Simpson. I'm from Naples Lakes Country Club. I live on 951. I am making a request to you at this point to not transmit this to the State of Florida at this time. I think after hearing the comments from Mr. Fedler (sic) about the road capacity out there, that this needs to be studied more. I think we need to take a look at -- step back, take a look at what's already been planned for this area, see what the capacity is for the road now, five years down the road when the road is being widened, look at what the impact of the hospital is going to have, look at the actual developments that are going in. I don't know -- I know we're talking about the 951 corridor, but there's also quite a bit of development being put in on Rattlesnake Hammock also. There's 600 units planned there, there's a Mandalay Bay that they're going to put 71 units. It was zoned originally for 35. We're just increasing -- increasing, increasing the development out in this area with no real future concept of what's going to happen, you know, to our roads. We've got the hospital going in. We don't have a thought on what's going to happen if we have ambulances coming up and down this road. They're going to be coming from Golden Gate, they're going to be coming up from Marco Island. What's going to happen when the road is at over-capacity? So I just request right now that you all take a step back before Page 191 January 25, 2005 transmitting this, and do a little bit more work to look at what is planned for the future here. Thank you very much. MS. FILSON: Jim Dishinger. (Applause.) MS. FILSON: He will be followed by Richard Davenport. MR. DISHINGER: Mr. Chairman, commissioners, I'm the secretary/treasurer of the Barrington Homeowners' Associations Commons and the Barrington II Homeowners' Association in Forest Glen. Commissioner Fiala gave two speeches that I had already thought out. Thank you very much. I concur with the other speakers that we hope that you suppress this here, nip it in the bud. Traffic is terrible already, and we really don't need another Immokalee Road fiasco. And just our community, just says, enough is enough. We need to rethink what we're doing down here. We need more roads before we have more building. Thank you very much. CHAIRMAN COYLE: Thank you. MS. FILSON: Richard Davenport. Did you say he's with you, Rich? MR. YOV ANOVICH: He's with me. MS. FILSON: Okay. Bob Hammond. He will be followed by Ron Schlemmer. MR. HAMMOND: Good afternoon. My name is Bob Hammond. I live at 3810 Groton Court, which is in the east Naples area, Commissioner Fiala's District 1. I am in seventh year as a volunteer for Habitat for Humanity. I'm on the board of directors. I'm the secretary for the organization. I volunteer at the job site, I help build homes on the job site, and I also work in the finance department in the office. I donate -- in addition to donating my time, I donate my -- some money to Habitat, and I am a Page 192 January 25, 2005 spokesperson for Habitat. Habitat will soon have 422 homes in District 1. We have 190 homes in Naples Manor. This has been an influence to give the other residents in Naples Manor to better maintain their homes, to improve the appearance of their homes, and it's made it a better, safer neighborhood to live in. We also have 110 homes in our Charlee Estates community, and we will have 122 homes in our -- I'm sorry -- in our Victoria Falls community, and we also have -- will have 122 homes in our Charlee Estates community, which is about 65 percent done now. I am one of 3,422 households in District 1 who donated $1,233,000 plus to Habitat in 2004, and $4,511,900 to Habitat since 1998. We strongly believe in Habitat and its goals to help provide a single, decent -- simple, decent place for everyone in Collier County to live in. We know that we have a good start in doing that, but there's a long ways to go. We will continue supporting Habitat by donating our time and our money to do that. We hope the commissioners will see the ongoing need to do this, and we hope that you will support us in the future going forward to do this. Thank you. MS. FILSON: Ron Schlemmer. He will be followed by Douglas Burke. MR. SCHLEMMER: Good afternoon, Commissioners. My name is Ron Schlemmer. I live in District 2, and I'm a constituent of Commissioner Halas. I'm a volunteer at the east Naples construction site, and I've also worked out at Carson Lakes in Immokalee. Commissioner Halas, the residents of your district have been extremely supportive of Habitat for Humanity and they've been extremely generous to Habitat for Humanity. Last year alone they Page 193 January 25,2005 raised over $1,400,000 to build affordable housing in this county. My wife and I live in Collier's Reserve where over 100 of our club members the past two years have generously donated funds to build two Habitat houses. This year we are intent on raising funds to at least build a house and a half for Habitat, and I'm convinced that we'll be able to do it. Many of my friends and neighbors, all residents of your district, are concerned about how the disparity of income in Collier County affects housing for the poor. Commissioners, please do not let those that cry "not in my backyard," keep you from voting your conscience. The mantra for low-income housing in this community must not be "not in my backyard" or "not as far as I can see," but instead it should be to recognize that as Habitat for Humanity believes, that every person deserves the decent home and a decent community. I thank you. COMMISSIONER FIALA: Just a minute. May I -- may I just comment on something? MR. SCHLEMMER: Yes, Commissioner. COMMISSIONER HALAS: I'd like to -- COMMISSIONER FIALA: First of all, I have to tell you how strongly all of us -- you made it sound like we don't support Habitat. The reason they're building so many is because we've supported them all along. Nobody's ever said, "not in my backyard. " You still have two more that you haven't even started to build in east Naples that I know of, Greenway and Artessa Point, and so you're going -- you have a lot there. Nobody's said, "not in my backyard," not once today. What we said is the traffic is so bad, we can't impact that road any more. I'm sure you feel just the same way in Collier's Reserve. If you couldn't get out of your place, would you then want to see another development of 1,000, 1,137 more homes coming in? Regardless of whether it's low-income housing, high-income Page 194 January 25, 2005 housing, you know, the best of the best, I wouldn't want to see you come in if you had a density of that rate, Collier's Reserve. Sir, this is not about Habitat. What this is about is the density on the road. Please remember that. (Applause.) MR. SCHLEMMER: Again, Commissioner, I can only ask you for your support. Thank you. COMMISSIONER HALAS: Sir-- COMMISSIONER COLETTA: I hope we don't challenge each and every person that comes up here. COMMISSIONER HALAS: Sir, sir, sir? Excuse me. I'djust like to have a second. MR. SCHLEMMER: Sure. COMMISSIONER HALAS: I want to tell you that one of the items that I helped Dr. Durso with is when the -- the zoning for Heritage Bay came in, I helped and assisted Dr. Durso in getting about $475,000 towards the Habitat of Humanity. So believe me, I've been working in regards to that. Okay. MR. SCHLEMMER: And we do all appreciate everybody's past support -- COMMISSIONER HALAS: Well, you made a statement that, "not in my backyard," and that's not the issue here today, sir. MR. SCHLEMMER: Oh, no. I did not say, you know, the commissioners made that statement. I said I asked the commissioners to vote their conscience, and it was my feeling that there might be other people who had that feeling. I, at no point -- and if I did, I certainly apologize, that I insinuated that that was, in any way, an issue with you. COMMISSIONER HALAS: Well, I just took offense to the presentation that you made in regards to, that we're not supportive of Habitat of Humanity or in regards to workforce housing. It's a very dear issue to each of us commissioners up here, and it's just the idea Page 195 January 25,2005 that we also have to address health, safety, and welfare of citizens that have to communicate (sic) from -- or to travel from one area to another area in this county and how we're going to address this. And as you heard Mr. Feder say, that we have some concern in regards to travel in the north and south direction in this particular area. COMMISSIONER HENNING: Who's got the timer? MR. SCHLEMMER: Thank you. MS. FILSON: The next speak is Douglas Burke. He will be followed by Peter Manion. MR. BURKE: Mr. Chairman and Commissioners, good afternoon. I, too, am a member of the board of directors of Habitat for Humanity. I live in Vineyards and have for the last 10 years. I serve as a member of the board of directors of Habitat, and I'm co-chairman of the development committee. In addition to the Vineyards, we have hundreds of nail-pounders from Grey Oaks, W yndemere, Quail Creek, Long Shore Lakes, all working to help build these houses in these neighborhoods. We have also Habitat homeowners working on the golf courses and in the maintenance of all these in the dining rooms. So Habitat for Humanity is serving a huge need in this community, and I recognize you have given us good support to this point. What we have been in a difficult position over the last several years is to accumulate land. And as you know, land has become very -- not only very scarce, but very expensive. We have found this opportunity with this -- with this developer to do something creative. I beg of you to consider the creativity of this presentation. I've heard the other side of the density of the traffic, but I don't think Mr. Feder's forecast is quite as grim as he has said. And finally, I would just ask you to consider how many of those employees or those people who would live in these Habitat homes are currently living north of me on 1-75. Page 196 January 25,2005 Last year almost every afternoon in season we had a parking lot from here to the airport. Now, I suspect that a good portion of those people are having to drive back out of Collier County to their job (sic). So I'm not a traffic engineer, but I would hope your traffic engineers would advise you how many of the people are already -- are clogging up the roads in that way. Let's bring the people for Habitat homes into the center where the jobs are. Thank you very much. MS. FILSON: The next speaker is Peter Manion. He will be followed by Mary Ann Durso. MR. MANION: Good afternoon. My name is Peter Manion. I have been a volunteer for Habitat for the last six years. I am on their board. And I think we've got just about the entire board here, so -- but this is the last presentation in terms of the board, other than Mary Ann. I live in District 4, and the chairman, obviously, is our representati ve. Since 1998 District 4 has supported the organization with 5,100 volunteers and contributed over $9 million to the whole effort of Habitat. I also act as the vice-president of operations for Habitat, and of course, am listening very closely to the exchange that we've had today. It's very troublesome to me. We obviously have Grassroot support throughout our community, and we have support on the commission, and I thank you for that. This, however, has been a completely unique opportunity in that we've got a public/private partnership joining together in trying to solve the affordable housing problem, and it certainly is unique. I think it's never been brought before this commission before. Obviously it's based on economics. We all know the land value. The density bonus is really required to make the thing work. If this doesn't work, I'm not sure what does work. Page 197 January 25, 2005 And with that, the only thing I can say is that we really need this. We need affordable housing. You've been supportive in the past, and I would certainly request your consideration. Thank you. MS. FILSON: Mary Ann Durso. She will be followed by Joe Foster. MS. DURSO: My name is Mary Ann Durso. I'm the executive director of Habitat for Humanity of Collier County. I represent the families of Habitat for Humanity who cannot be here today because they all are part of the workforce. They all already live in Naples. There's a need for 20,000 affordable housing units in Collier County. The following are families that were approved for a home in Naples at our selection meeting, just a few of the families, that was held on January 20th. The first is a family of five. Their annual income is $18,870. There are three children, ages eight, seven and six. They're boys. The applicant works for Finishing by Baker. The family lives in an overcrowded trailer. The trailer has no insulation or heat. When the temperatures drop at night, as it has the past few nights, the family needs to sleep in the same bed together to stay warm. After heavy rainfalls, the area around the trailer floods, and alligators lurk at the doorstep. The second is a family of four. Their annual income is $25,230. There are two children, ages 1 7 and 15. The applicant works at the Naples Community Hospital. The co-applicant is handicapped and disabled. He has no legs. He is unable to live with his family because the house is not handicap accessible, and there is no affordable housing that he can rent. The third and last is a family of four. Their annual income is $19,340. There are two children, ages 14 and five. The applicant works for Better Roads. The family lives in a Page 198 January 25, 2005 small one-room efficiency. The children, a boy and a girl, have to share a bed. All of us enjoy the services these families provide. We shop at Publix, we golf at the golf courses, we have our families in assisted living or in day care, and our lives would change if the people that service us weren't able to afford to live here with us. These are just a few of the working families of Naples desperate to find a simple, decent place to live. Please help them. Thank you. CHAIRMAN COYLE: Thank you. MS. FILSON: Joe Foster. And then I have one other registered speaker, Timothy Nance, and I'm not sure-- MR. NANCE: I want to speak on the transfer of development rights. MS. FILSON: Okay. Thank you. MR. FOSTER: Good afternoon, Commissioners. My name's Joe Foster, and I'm the president of the Collier County Housing Development Corporation. I'm here in favor of the San Marino project. And as other commissioners know, and has been pointed out by several of the commissioners, we do have an affordable housing issue, we have a workforce housing issue in Collier County. A year and a half ago the workforce housing task force created by you all was really working hard on mandatory inclusionary zoning, and that project failed. Here you have a situation of volunteer inclusionary zoning. You have a developer working in concert with Habitat for Humanity, you have a for-profit developer and a not- for-profit working together. This truly is the model for future development of Collier County. It's a win-win for affordable housing. And I appreciate the traffic concerns, and I hear them, and -- I truly do. I would just encourage the commission to find a way to deal with the traffic concerns and allow this project to go forward, at least Page 199 January 25, 2005 to start the process. What is being asked of you today is not actually to improve increased density, but rather allow Habitat for Humanity and the developer to go forward to come back and ask for increased density in the future. It's a long process, as has been pointed out. The whole -- the whole process is a long process. I would just encourage the Board of County Commissioners to please find a way to make this new experiment. I do believe that this is what we need in Collier County in terms of voluntary inclusionary zoning for profits and non-profits working together. Thank you very much. CHAIRMAN COYLE: Is that the last public speaker -- MS. FILSON: Yes. CHAIRMAN COYLE: -- on this item? Okay. Very well. I'll close the -- you have a comment? MR. YOV ANOVICH: If I may. CHAIRMAN COYLE: Certainly, go ahead. MR. YOV ANOVICH: And I think Mr. Durso may -- or Dr. Durso may have one also, and Reed's got some comments regarding the traffic issues. We won't take long. There have been some numbers thrown around here that are not accurate numbers. I'm not asking -- we're not asking for an additional 1,137 units. COMMISSIONER FIALA: No, all total. MR. YOV ANOVICH: We're asking for 785 additional units, which would be a project density, if you include the 350 that are already built, which would be 4.8 units per acre. That is basically the density in the urban area. We are immediately adjacent to the urban area. We are asking for the ability to come to you and ask for a rezone. I'm not asking for the density today. I'm not asking for an exception Page 200 January 25, 2005 or an exemption from the concurrency management system. We understand that all of that will be applied to us when we come forward with a PUD. It may mean that we can't even get to the four units per acre we're asking for. We may not make the 785. Maybe the number's 600. We don't know that until we come forward and deal with your staff on the specifics of this issue. Reed will tell you that the average number of trips generated from an affordable housing unit is much less than the number of trips generated from a market rate unit. Weare providing three-bedroom homes to the very low category. That's 50 percent or less of the median income. New Town, which everybody has assumed is approved for purposes of calculating this -- which they haven't gone through the zoning process yet, and I would expect would receive the same treatment since they're going to be asking for an up-zoning -- is going to provide services to the low, which is 80 percent or less. I applaud them for doing that, but we're serving a totally different category. We have taken the risk of forming a joint venture between Habitat for Humanity and a for-profit company to do something that's good for the community. Traffic issues, maybe there will be a traffic issue, maybe there won't be a traffic issue. Those are issues that are dealt with in your concurrency management system. For some reason we don't want to put -- we don't want to follow the concurrency management system anymore. We've made the decision, even before we get to zoning, that this project's not going to work under the system. Mr. Jarvi will point out that the system has some flaws that you're working through right now, you're over counting some units. So we need to be -- stay in the process because this is a worthwhile project. We have many more months before it comes back to DCA when Page 201 January 25, 2005 we get to an adoption hearing. I would hate to just toss this concept aside without giving it further study and maybe some refinement on the numbers that we ultimately would ask for. This is an important concept. We're the first ones to try it. I don't think that we should just be summarily dismissed at transmittal, especially after we have received nothing but staff recommendation of approval. I was a little shocked at the comments today, that all of a sudden, maybe we shouldn't get recommendation of approval. We have a staff recommendation of approval, we've expended a lot of time and effort. I don't think we should be summarily dismissed at this point. I think that the issue is worth studying. And I'll let Dr. Durso -- Reed, why don't you go quickly. MR. JARVI: For the record, my name is Reed Jarvi. I'm a professional engineer. I concentrate in transportation issues in Collier County. And just a couple of issues I want to bring up. First off, we've had several conversations with county staff on this proj ect and how we do the background traffic, because that's basically the problem here is the background traffic of all the other units in the area. And I will note that in the staff report, transport -- and I quote, transportation staffhas determined that petition CP-2004-1 is consistent with the transportation element, policy 5.1 of the growth management plan. So, I mean, they have said it's consistent. Now, I will tell you that we have had discussions on background traffic. And as Rich said, the system we are using now, the concurrency management system, is still relatively new. It's not yet a year old that it's been implemented. , Weare looking at -- excuse me. Staff is looking at the data, looking at how it's being -- actually developing versus what we thought it might develop. As an example, as you may remember when we went through the concurrency management system, it was determined that we would Page 202 January 25,2005 use one-seventh of the vested units as a per year basis. That was the best guess at the time. If you look at the Lely and the Fiddler's Creek projects that are the major projects in the area, the large projects in this vicinity of the county, they would go at the one-seventh rate of over 1,500 DUs a year. Staff has gone through the records, the building permits, and come up with the idea that they're building about 150 DUs a year, a tenth of the project, a tenth of the size. So we are continuing developing the system. So we aren't there yet. We don't have the data yet to say that this is anywhere near an infallible system. So we're looking at that. Also we look at, from the short-term basis, when we look at short-term growth rates, we can't continually just add the trips. There's a trip from an affordable housing complex that is the same trip that's a worker using the Wal-Mart. There's a trip for shopping from Forest Glen that goes down to the hospital. Those trips are interactive and they're not one in one. They're less than one in one. So on a -- on a just layering of the traffic, we can't just do that for short-term -- it works for short-term being a year or two, but it doesn't work for five, six, seven, eight, 10 years from the way that we model our traffic. The only way we've been able to successfully do that is looking at the long -- the Florida standard model, and that's been the accepted way that traffic engineers have done for several years in Florida, including Collier County. In the long-range transportation plan, the 20/20 plan, financially feasible plan, shows this using the long-range model for the projects that are in this area, and it will show you that Collier Boulevard is within service -- level of service standards. That's the 20/20 model. Yet now we're saying that in 200 -- 2005 it fails. Something's wrong. We have to look at this on a long-range comprehensive basis, Page 203 January 25,2005 and then we use modeling for that. And I go back to just the last point -- or the first point I made, that your transportation staff has said its consistent with our growth management plan, so I would suggest that we need to do more on this proj ect, plus others in the area, in looking at the background data and what is the -- reasonable for us to use. And I'll close with, now, we aren't yet, we're getting closer, we're better than we were a year ago, we're better than we were five years ago, but we aren't quite there yet on all the data, and we need to continue to work on this. Thank you. DR. DURSO: I'll be very brief. Advocating for affordable housing is very difficult, and I've been doing it for a long time. I hope to continue to do it for the rest of my life. What you got to see today was just a -- it's not -- Habitat for Humanity is not the Dursos. There's a lot more people involved with Habitat for Humanity . You just saw a few of them here. We can bring 1,000 people here if that's what's necessary to convince you that affordable housing is as much of a problem as the traffic is. And we all live here; we drive here. We know the traffic is a big problem. The traffic problem, you've done a great job on it. And I think, in the long term, is going to get answered. As much as we've done on affordable housing, we have not done a good enough job and the county has not done a good enough job. We need more affordable housing. We need more advocacy for affordable housing. And I think the traffic problem will get solved eventually. Habitat for Humanity will suffer tremendous damage if this does not go forward. We've invested $2 and a half million because the likelihood was that this would go forward. And we're going to lose $2 and a half million. That land is zoned for a golf course. Habitat for , Humanity is not in the golf course business. We cannot build a golf Page 204 January 25, 2005 course. We need to at least go forward from this -- from this point and give us the chance, at least transmitting, and we'll try to convince you. I would like to see all five votes when we come up for zoning, and I'm confident that maybe we can convince you folks of that. But let us at least continue the process now. Thank you very much. CHAIRMAN COYLE: Thank you, Dr. Durso. Okay. I'm going to close the public hearing. Commissioner Halas? COMMISSIONER HALAS: Just want to make sure that everybody in this room understands where I -- where we are in this process. Number one, we have -- also have the responsibility to make sure of the safe -- health, safety, and welfare of our citizens on the road. If our traffic people can't give us the needed information to go and increase the density as what's stated in this GMP, then I tell you what, I can't stick my neck out for increasing density in this area. What I did propose, and it didn't even get a second, was that instead of this 785 units, was the 500 units, and that was to include housing for Habitat for Humanity. And as you heard from Mr. Norm Feder, he recommended that we didn't even up-zone any of these, not just because it was Habitat for Humanity or anything else. It's the fact that we are getting ourself in an area that we may not be able to figure out a way of addressing additional traffic if we can't provide another north and south corridor, even after we six-lane this road. So I hope that you understand that we're between a rock and a hard place. We're trying to take care of affordable housing. We also have to take care of the other 300,000 people that live here in Collier County. (Applause.) Page 205 January 25,2005 CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I appreciate all that Habitat has said here today, all of their speakers, but not one speaker has addressed the issue that we've been laying on the table, and that is a solution to the traffic that's already choking the road, much less the congestion that would -- that would take place once this development is built, or what would happen if, for instance, this development were able to come in and take the road capacity from our concurrency and get it into this development to make sure they were -- they were locked in, and then we lost a hospital or part of a hospital because there wasn't enough room, and then what happens? How are we looking after the community if we allow that to happen? And all we have to do just not approve any increased density, or a very minor increased density. To me, we have to think of all of that. It's a tough thing on this job, and you hate to say no to people that are really nice people, but it's -- you have to take a stand. CHAIRMAN COYLE: We have two more commissioners who want to speak, and ladies and gentlemen, we need to bring this to a conclusion. We've been debating this for hours. COMMISSIONER HENNING: I'll make a motion. CHAIRMAN COYLE: Commissioner Coletta was first, but maybe we'll get to Commissioner Henning and he'll have a motion for us. COMMISSIONER COLETTA: Well, if I could go first-- CHAIRMAN COYLE: Yes. COMMISSIONER COLETTA: -- and I'll try not to be long. And I know that we have a lot of people that mean very well, but I'm going to share with you one of the earlier -- it's been -- I've been a commissioner for over four years now, as many of you have, and we've seen a lot of this come down the pike, and we've heard a lot of the rationale from both sides over why it's good, why it's bad, Page 206 January 25, 2005 whatever. Back a couple years ago we had one come forward. It was across from Eagles (sic) Creek, and Eagles Creek came forward and they protested for all the same reasons we're hearing now, that they're going to take the road space, they're going to do this, it's going to be all sorts of problems. None of it had to do with affordable housing. It only had to deal with the fact that it was going to be the density issue and the crowding of the road, okay. Well, that thing went forward. I believe it went by the wayside, even after it was approved. But in any case, what happened is these same people came back to see me about a year and a half, two years later. And what they said at that time is they were very supportive of a development that was going to take place behind them called Land's End. Now, I said, I'm really confused. I said, Land's End is going to use your roads, it's going to impact you greatly in some way or another where the project across the street on the other side of 951 was going to have a minimal impact. Well, what's the difference? And I got an honest answer, and I respect them so much for it. The difference was, is that this one here is a high-end development. This will not affect our own property values. We see this as a positive thing for our community, where the one that would have went across the road would have been a negative. Okay. Here we are. I mean-- COMMISSIONER FIALA: Let me interrupt just for a-- COMMISSIONER COLETTA: Commissioner Fiala, you can't interrupt me. COMMISSIONER FIALA: No, but just for a second, just for a second, please, and let me tell you the one across the road is now owned by Habitat and they're building there and it's called Artessa Point. COMMISSIONER COLETTA: I know, but-- Page 207 January 25, 2005 COMMISSIONER FIALA: Oh. COMMISSIONER COLETTA: -- I'm giving you a comparison about what happened, and it became individual housing, and it's beautiful. And the thing is is that we know there's problems. We know there's a lot of problems out there, but what are the solutions? Do we say we're not going to look at the solutions, that this the end-all ? Now, Commissioner Halas was entirely right to bring us a counterproposal of 500. The reason it didn't get a second is because of the uncertainty of where everything is. When we're looking at this thing, we don't know if 500 would even work for them. The thing -- where that comes out, where you make those kind of deals is when you get to the next phase of the whole thing, and then you down-zone it. It's done all the time in here. Very few things start out -- in fact, I wouldn't doubt that there's some fat in here along the way that could be trimmed, but it's never trimmed at this point, and it's not trimmed at a moment of transmittal right here. What we've got to do is realize that his seven hundred, what is it, eighty-five what? COMMISSIONER FIALA: Uh-huh. COMMISSIONER COLETTA: Seven hundred eight-five, that's a high number that they're asking for. Is that what they're really going to end up with? I seriously doubt it. This thing followed itself through the whole course. The reason it won't happen is that right now we may -- and I can't tell you for a fact, but I'm fairly certain, we may have three votes to be able to transmit it, so that could be the end of it right there, because it takes four votes to carry this all the way to some sort of conclusion, and that's where it would die for certain if there wasn't some sort of compromise that was made, and it would be made with somebody like Commissioner Halas to get it down to 500. That's where we are with this right now, and I just wanted to Page 208 January 25, 2005 share that. And I didn't mean to offend anybody at Eagle Creek by it, but I do appreciate it when I hear honest answers to questions that are asked. CHAIRMAN COYLE: All right. Commissioner Henning? COMMISSIONER HENNING: How about we split the baby -- I know the concerns about traffic, the perceptions -- and forward it on with an urban area density of four units per acre, with a ratio, affordable housing market rates as proposed. In other words, you know, we don't want to -- if we're doing affordable housing and market rates, what's being proposed, whatever density falls out, it falls out equally, affordable housing and market rate. So it's only four units per acre instead of what they're proposing. COMMISSIONER FIALA: They're proposing four point what, eight; 4.8, 4.4? COMMISSIONER HENNING: Yeah, it's something like that, but that's the same thing that's afforded in the urban area, which __ COMMISSIONER HALAS: What does that figure out in numbers? COMMISSIONER FIALA: Well, they've already got their four COMMISSIONER HENNING: I'm not a mathematician. CHAIRMAN COYLE: It's a bunch, like 900; 900 units? COMMISSIONER HENNING: Well, I'll make that a motion. Let's see if it sticks. CHAIRMAN COYLE: Is there a second? COMMISSIONER COLETTA: I'd like to hear that answer, and I'd be happy to give it a second. I'd like to know what that number is. MR. YOV ANOVICH: Okay. This is lawyer math, so there's a disclaimer. COMMISSIONER HALAS: Do you need an accountant? MR. YOV ANOVICH: Okay. There's 235 acres, plus or minus. If you multiplied that by four, I come up with 940 units. There's Page 209 January 25, 2005 already 350 units existing. So that's basically 590. Ifwe-- CHAIRMAN COYLE: It's a reduction of roughly 200 from what you're asking. MR. YOV ANOVICH: Roughly, yes, roughly 200 from what we're asking. Yes? COMMISSIONER COLETTA: I'd be willing to second that. I don't know if they can live with it or even do it. But I mean, I don't know what else can be done at this point. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Except for further clarification if it came back to us again. MR. YOV ANOVICH: If that's what gets -- CHAIRMAN COYLE: The -- here's the problem I've got. We have a staff report which says that this project meets the concurrency requirements. We've heard testimony, however, which indicates that if this project really goes through the process, by the time it gets there we might be failing on that road. I am, quite frankly, confused by this. And the ultimate impact of denying this particular proj ect is that we will not grant any more density increases on 951, end of story, and that might be good, you know, maybe that's what we need to do. But if -- I merely point that out because if we, in fact, do disapprove the proj ect, we must be prepared to handle every succeeding project on 951 in exactly the same way. We cannot discriminate against any petitioner. And so we would essentially have to adopt a position where there would be no density increases whatsoever on 951 in this traffic impact area. But as Commissioner Coletta has correctly pointed out, it takes three people, three votes today, to forward this to the Department of Community Affairs in Tallahassee for a consideration, but it will take four votes to adopt any growth management plan provision which results from that process. Page 210 January 25,2005 Because of the confusion that exists right now over the traffic study and the conclusions of the county staff pertaining to that, I'm willing to let it go forward to DCA, but if we don't have that issue solved, I won't vote for it for adoption. So just so you understand, this is a very serious issue. The traffic is a problem, as we all know, and if we don't have a solution for that, I don't think anybody would want to go ahead with this process. So I will -- if there are no other questions by commissioners, I will call the question. All in favor, please signify by saying aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: And all those opposed? COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Okay. It is, Commissioner Coletta, Commissioner Coy Ie, and Commissioner Henning vote in favor of the item for forwarding to DCA, and Commissioner Halas and Commissioner Fiala oppose it. MR. MUDD: And that was at four units per acre? CHAIRMAN COYLE: At four units per acre as we specified with Commissioner Coletta's suggestion. COMMISSIONER FIALA: You know, I'd also like to suggest-- CHAIRMAN COYLE: Henning, okay. COMMISSIONER FIALA: -- from what you just said, I think we all ought to take seriously the words that you've just used. I don't thing that we should be affording anybody any extra bonus, any density bonus increases on a road that's destined to fail anyway. That's our obligation to this community. CHAIRMAN COYLE: And I would go even a step further and suggest that we have a workshop to set that policy, if that's what we're Page 211 January 25, 2005 going to do. We really need to talk about it and make sure that everybody is aware that we're willing to make that kind of commitment, if that's what we're going to do. COMMISSIONER FIALA: You bet, you bet. CHAIRMAN COYLE: Is that okay with everybody? COMMISSIONER FIALA: Yeah, looks good. COMMISSIONER COLETTA: We should workshop it. CHAIRMAN COYLE: Okay, good. It's time for a break. Ten minutes. (A brief recess was had.) MR. MUDD: You have a hot mike. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: We need you for a quorum. MR. MUDD: Commissioner, we're still on item-- CHAIRMAN COYLE: Okay. County Manager, are we on petition number two, CP-2004-2? MR. MUDD: Yes, sir. It's a petition requesting an amendment to the county-wide future land use map to change 80 acres in the rural fringe mixed-use district, RFMUD, neutral lands, to the RFMUD sending lands, and to change 140 acres from the RFMUD neutral lands to the RFMUD receiving lands, for property located one mile south of Immokalee Road, and two and three quarters miles east of Collier Boulevard in Section 31 and 32, Township 48 south, Range 27 east, Rural Estates Planning Community, and Mr. Bruce Anderson, who represents the petitioner, will present. MR. ANDERSON: Thank you. Good evening. My name is Bruce Anderson. I am pleased to represent the Resource Conservation Properties. They are one of the Bonita Bay Group companies. Also with me today to answer any questions you may have are land planners Mitch Hutchcraft of Bonita Bay and Robert Mulhere from RWA, Inc. Page 212 January 25, 2005 This application is to change the future land use map designation of two rural fringe parcels that are presently designated neutral which abut receiving lands that are also owned by Bonita Bay. It is proposed that the 153-acre parcel and that typo -- that's a typo about the 140. It's actually 153. The 153-acre parcel that is proposed to be designated as receiving abuts lands that are already designated receiving. The second half of the proposal involves changing the designation of an 80-acre parcel, known as the Talon parcel, from neutral to sending. Collectively these three parcels were the southern portion of the original Twin Eagles project. The county's leading environmental organizations, Florida Wildlife Federation, Collier County Audubon Society, and the Conservancy of Southwest Florida, all support this amendment, as did the planning commission. The Environmental Advisory Council did not hear this petition. I respectfully disagree with staffs position that they had to disregard the interest the Conservation Collier program has in the 80-acre Talon parcel in the fact that the county transportation folks view these properties as a great opportunity to provide a direct link between Immokalee Road and the future Vanderbilt Beach Road extension. The planning staff has acknowledged that you, as elected officials, can base your decision on broader public interest considerations, such as the Conservation Collier program and benefits to the county's transportation network. In that regard, both Conservation Collier Land Acquisition Committee and this commission have ranked the Talon parcel as a priority one property for acquisition by Conservation Collier. Obviously if this Talon parcel designation is changed from neutral to sending, that will lower the market value of the property. Page 213 January 25, 2005 Now, if the property owner objected to that redesignation, that would be an entirely different matter; however, in this case, the property owner has requested the redesignation. Bonita Bay's plans are to incorporate the 153-acre parcel into becoming a part of a rural village that Bonita Bay plans to develop on the south side of Immokalee Road. Without the redesignation of the 153 acres to receiving, a rural village would not be possible on this property and surrounding Bonita Bay lands because it would not meet the 300-acre minimum size requirement for a rural village. Approval of this map amendment provides several significant public benefits; number one, completion of the regionally significant wildlife corridor and flowway that begins at Bonita Beach Road in Lee County and stretches to Vanderbilt Beach extension in Collier. The Immokalee Road wildlife underpass that is being constructed as part of the Immokalee Road widening is part of that wildlife corridor. Second benefit is the ability to preserve the 80 acres that are sought by Conservation Collier which abuts a school site, and the school site, in turn, abuts land owned by the county and planned for a park. It's a unique opportunity to assemble a large contiguous parcel of property in preservation and under public ownership. Third benefit is the ability to provide that connector road to start building a rural road grid between Immokalee Road and Vanderbilt Beach Road. The Bonita Bay Group has committed on the record to seek a rezone of the Immokalee Road south property for a rural village of this map amendment if all the TDR and related rural village amendments are approved. This rezone application would be filed before your final adoption hearing on all these amendments, which is scheduled for sometime in June. The proposed Bonita Bay rural village, if approved, will help Page 214 January 25, 2005 jumpstart the rural village -- the rural fringe plan, and the, hopefully, modified TDR program. It is a unique opportunity to have one of the region's premier community developers to set the standard for a rural fringe, rural village. We respectfully request that you vote to transmit this to the Department of Community Affairs. We'll be happy to try to answer any questions. CHAIRMAN COYLE: Any questions, Commissioners? (No response.) CHAIRMAN COYLE: Do we have any public speakers? MS. FILSON: I have two public speakers. CHAIRMAN COYLE: Let's call the first speaker. MS. FILSON: Amy Taylor. She will be followed by Nancy Payton. MS. TAYLOR: If I could borrow a map. Thank you. For the record, my name is Amy Taylor. I'm the long range planner with Collier County Public Schools, and we would like to weigh in on the broader public interest in terms of this amendment and only in terms of the opportunity provided for that link from Immokalee to Vanderbilt Beach Road extension. As you can see, we have a future school site, actually two will be on that location. It's approximately 100 acres, and it will have an elementary school, a future elementary school, as well as a future high school. The high school is timed so that it will open after Vanderbilt Beach Road extension is completed up to that point. We have estimates -- it's actually in the transportation capital plan -- that it will start construction in 2007, if I'm not correct. The opening of our school is estimated to be the 2010/2011 school year. With the addition of this opportunity for this Vanderbilt -- with this Vanderbilt Beach RoadlImmokalee connection, it will provide us greater opportunity to relieve Gulf Coast High School, which is one of our biggest challenges. We may not take as much school population Page 215 January 25, 2005 from that northern area if we were to not have that opportunity. The -- the access to the new high school for any of those properties that are east of 951 that normally go to Gulf Coast High School, if they were -- their attendance boundary were to change, would have to drive two miles west to 951, I think, three to four miles south to Vanderbilt Beach Road, and then two miles back east to the high school. So this connection provides a wonderful opportunity. In addition, all of those residents that would live in the rural village would be -- if the alignment of the road were to be as it -- along -- along the school or even along the property -- the park property, would provide an opportunity for many, if not all, of the students within the rural village to be able to walk to the schools. It would have to be within -- you'd have to measure it because it's not exactly two miles. As the crow flies, it's a two-mile walking distance that they would be eligible to walk. This is a great opportunity and things that we do like to encourage and try to work on very, very closely with the county. We've also -- I wanted to commit to you that we have previously worked with the county in terms of its transportation improvements to Vanderbilt Beach Road. We've also worked with public utilities, with Conservation Collier, and with parks and recreation so that we can have a wonderful opportunity here. And we just see this as another piece, this opportunity with this road, and it's all -- its inherent benefits to the county as a whole and that region as a whole, but it will also benefit the school district as well and the students that would be attending that school. Thank you very much. CHAIRMAN COYLE: Thank you. MS. FILSON: Nancy Payton. MS. PAYTON: Good afternoon. Nancy Payton, representing the Florida Wildlife Federation, and I'll also be representing Collier County Audubon Society today. Page 216 January 25, 2005 Florida Wildlife and Collier County Audubon Society have long worked -- have long worked with Bonita Bay on what is right for this particular parcel. And, in fact, we recently amended our 2001 Twin Eagles Settlement Agreement to encourage the use of TDRs on this property and promote the concept of a rural village that would provide service not only to the rural fringe, but to that part of the urban area as well as the estates. It provides an opportunity for the first rural village and to set a standard, which we think Bonita Bay is the right person to do that. And we can work with them very, very well, and they work with the community extremely well. It's a very important component, as you've heard for regional planning for roads, schools, utilities, and parks. Also it will use over one -- it will use hundreds of TDRs, which, of course, we like because that helps environmentally sensitive land. It also includes the 80 acres, which you briefly talked about this morning, which is on Conservation Collier's A list, currently on neutral lands, and it will connect with a linear preserve that goes all the way up six miles to the CREW land. And I remind you that in 2003, I believe it was, that that linear preserve and flowway received an award from the governor's council for Sustainable Florida because of its innovative design and its creativity. The wildlife preserve also includes a flowway that will rehydrate wetlands in this part of -- south of Immokalee Road, and it also connects with the wildlife crossing that you're currently building under Immokalee Road. So wildlife can move very freely. That's the only road in the six-mile preserve that is crossed by a road. It's only Immokalee Road. I'm going to skip through a number of the points because they've been addressed by Ms. Taylor or other folks. I did want to comment that we do have members who live in northern Golden Gate Estates Page 217 January 25, 2005 just south of this proj ect on the other side of the canal, and they are extremely supportive of this because it provides -- the 80 acres provides an excellent buffer for them between their homes and the rural village, and they also like the opportunity for a large natural area that they can have easy accessibility to because there is a bridge across 13th Street Northwest so that they can come across and get to the school site, the park, and hopefully the 80 acres, which will be under Conservation Collier. Nature benefits from this amendment. Eighty acres, it's part of the six-mile linear preserve, the use ofTDRs, and no five-acre lots on that neutral area which is currently approved. So we urge you to vote in support of this amendment and transmit to DCA. Thank you very much. CHAIRMAN COYLE: That was the last of the public speakers? MS. FILSON: Yes, sir. CHAIRMAN COYLE: Okay. David? MR. WEEKS: Mr. Chairman, for the record, David Weeks of the comprehensive planning department, pinch-hitting for Michelle Mosca for the staff presentation, which I'll try to keep to less than two minutes. I'll start with a map on the visualizer, and this demonstrates in staffs -- well, based upon the review of the environmental data submitted by the applicant identifying different habitat types on the property, this map, in staffs opinion, indicates the differences between the two properties. That is their acreage. The habitats are the same. We've reviewed amendments in light of the rural fringe mixed-use district designations of sending, receiving, and neutral. And as you'll recall from when those were adopted in 2002, there are clear distinctions between those, and that's why the different designations were created. The habitat values are different for those three different designations, and, in fact, we want to encourage Page 218 January 25, 2005 development on the receiving lands, and that's where there's the least value, and then the greatest value is on the sending lands. Conversely, that's where we sent the development away from. That's where the TDRs are generated from. And then the neutral land was in between. Its habitat value does not rise to the level of sending, but it is not as low as the receiving, therefore, it's allowed to develop as it could prior to the rural fringe amendments, and that is at one unit per five acres. The subject property is presently designated neutral. The habitat value does not reach sending but it does approach it, it's close to it. The key point I'm making here is that in our review of the property, there's no distinction between the two properties yet one is being proposed for receiving where development will be sent and then the other is proposed for sending where development will be sent away from. I also want to comment on a couple of other things, a couple of points that the petitioner had made. The wildlife corridor can be developed with or without this land use change, map amendment. And secondly, Conservation Collier is interested in this property with or without this map amendment. They did not endorse the property based upon this map amendment. They simply said, based upon the value of the property, that they would like to see it acquired by the Conservation Collier program. Really, Commissioners, I think this comes down to two principal issues, and they're both a matter of policy. First of all, do you want to change lands, the designation of properties from one designation to another so that it can promote development of a rural village, or just in general terms, promote development of the rural fringe mixed-use district and the use of TDRs, help get the TDR program going. That, I think, is the one policy issue. The other policy issue escapes me for a moment. Page 219 January 25, 2005 Anyway, there's concern about the precedent that might be set, whether or not you would make a change, a map amendment change, just to get the TDR program going. The second policy issue is whether or not you will approve a map amendment only. There's no text involved here. There's no commitment other than what is verbally stated on the record, that a rural village will be developed or that the corridor or the other types of things will occur. The other policy issue then is, do you want to approve a map amendment with a verbal commitment only as opposed to something in the text that makes that commitment. And I don't mean to offend the petitioner by any means. I mean, that's not a role of staff to say that we don't think they're a good people or they're a good company or they'll stand by their words. But as a policy matter, do you want to make -- to take that action? There's also some concern again, about the precedent for other types of changes that might come before you if this one is approved that would say, well, we want to make a change, too. Habitat value-wise, we don't meet what we think is the intent of the plan, but we want to use TDRs to let us have the same thing. Thank you. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: My concern is the 140 acres of neutral lands that are going to be turned into receiving lands, is this going to be for homesites or is this going to be for development of a go If course? MR. WEEKS: I'll let the petitioner answer that, sir. MR. HUTCHCRAFT: For the record, my name is Mitch Hutchcraft. I'm regional vice-president for the Bonita Bay Group. Our intention is to develop this property, which would include the 153 acres in addition to the receiving land to the north, as part of a rural village. At present time, we don't think that that property is large enough to accommodate a golf course. We have not gotten to final site plan Page 220 January 25, 2005 on it, but as you can see, we have done some conceptuals, and those conceptuals at this time do not include a golf course. We are required to do the 300-foot, or 500-foot perimeter buffer, and those will all be incorporated in compliance with the rural fringe mixed-use plans. COMMISSIONER HALAS: Okay. The other concern that I have is that if we do this for one piece of property, my concern is, are we opening the door for future properties to do the same type of thing stating that it might be for rural villages and -- MR. WEEKS: Commissioner, that's one of staff concerns as well. Obviously this board, collectively, makes the final decision, so you control whether or not, in a sense, you can say whether or not a precedent is set because you're the ones that would say yea or nay on any future actions. But that is a staff concern. I do want to make one other point, Commissioners. Obviously staff is not recommending that you transmit this. The planning commission did recommend that it be transmitted by a vote of four to three. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I agree with Commissioner Halas about opening the door. Conversely, I just -- I see all positives here. The school ground is already waiting and the parklands are already bought, and we're going to connect a road, which just delights me, no end, and a rural village built by Bonita Bay, I don't think you could ask for anything better. So I just think it's a wonderful thing, and I make a motion to approve to send. CHAIRMAN COYLE: Okay. We have a motion to approve. Is there a second? COMMISSIONER COLETTA: The only reason I'm not getting it at this time is I just don't have all the information that I need. I might be very receptive if questions are asked. CHAIRMAN COYLE: Okay. Do you want to withdraw it and Page 221 January 25, 2005 we'll have some more discussion here? COMMISSIONER FIALA: Okay. I'll withdraw it. CHAIRMAN COYLE: Okay. Then, Commissioner Coletta, go ahead and ask questions. COMMISSIONER COLETTA: I didn't want to discourage you from doing it, it's just that I haven't reached that level of comfort at this time. A couple questions, if I may, Mr. Anderson. The concerns, I guess, are such things as the land you're going to go onto is -- really doesn't meet the qualifications at this time of receiving land. So my question would be, is there some -- would there be some thought process as far as credits were allowed to restore this land to its near pristine value? That's one of them -- a couple other question I've got. MR. ANDERSON: You mean the sending lands? COMMISSIONER COLETTA: That's correct. MR. ANDERSON: The plan would be that if this is approved and all the TDR bonus proposals that you later will consider are approved, that -- that would require restoration and mitigation of anything on the 80-acre parcel. COMMISSIONER COLETTA: And I recognize the fact that the land that you now own, and probably in the holding company, that you already purchased in your normal course of business preparing for this, gives you as many rights as the people -- anybody out there that owns that particular land. I'm talking about land in the sending areas. There's been quite a movement for developers to buy that land and then later strip the TDRs when they reach that point when they establish the value of it. What I'd like to do is, through the amount ofTDRs that are required and the amount that you already have and the amount that you'll have when you get to this point if we approve this for turning it into receiving lands, how many TDRs would you need to build this conceptual village? Because that's a concern for many people. Even Page 222 January 25,2005 though we hear that your intentions are to build it, what's said here, what might interpret out another year from now could be a little different. But the amount of credits that you're going to be lining up, that's the key to the whole thing. I mean, if you're going to have way over what you need for a golf course community, then obviously you're heading in that direction now and you're making a commitment early on. What right -- at this point in time, what do you own in land that would translate to one credit per five acres or -- to reach a lot of record that's less than five acres that was established before this whole process started? Do you have that number? MR. ANDERSON: I have a number of how many TDRs they will need to buy -- COMMISSIONER COLETTA: Well, that's a start. What's that-- MR. ANDERSON: -- to do a rural village. COMMISSIONER COLETTA: How many? MR. ANDERSON: And it's in the neighborhood of600. COMMISSIONER COLETTA: Six hundred. Okay. Now, let's go backwards again, and I know that you're going to try to treat this information as confidential, and I know I got it on hand someplace. If I take a few minutes, I can probably find it myself. But if you could come up and tell me what you already own in land that would equal TDRs and how close we are to that 600, that would -- that would help to give me a little more confidence in the fact that we're heading that way. I don't think this is any state secret. The Tax Appraiser's Office would have it on file. MR. HUTCHCRAFT: The answer is that we do own some sending land, primarily that area that is north of the existing east course. That does have some TDRs associated with it. You'll also recognize that we own Twin Eagles, which is Page 223 January 25, 2005 immediately next door. There's 600 acres on the north side of Twin Eagles that we're moving forward developing through the rural fringe, which is also going to generate a demand for TDRs. We have been looking at the property that is on the north side of the east course that's providing some of the TDRs for that Twin Eagles expansion. We're going to generate more than that in demand on Twin Eagles that more than outstrips what we already own in that property. So by and large, all of the density that we are going to generate a need for on Immokalee Road south is new demand that we don't own, that east course. COMMISSIONER COLETTA: No, that's fine. I mean, at this point in time are you one-third of the way there if we grant this to you and -- if we went with the TDR increase from one to four? Would you be one-third of the way there, one-half of the way there? MR. HUTCHCRAFT: I would say that for the rural village that we're nowhere close, and I can't honestly give you the specific percentage because I don't know the answer. I can tell you that we have not been buying tons of TDRs in expectation of this. We have been looking to see what's available primarily because we've been moving forward with our Twin Eagles proj ect. So we have acquired some to shore up that proj ect. And I think as Bruce indicated, this creates a significant additional demand over and above what was already anticipated for that project. COMMISSIONER COLETTA: Ifwe were to transmit it at this point in time, when it comes back to us for final consideration -- we've got one more shot at this, is that -- at that point in time, do you think you might be able to give us the assurance through some sort of methodology with the TDRs that you are contracted for or have on hold, that you're going to be able to reach that density of TDRs that are required for a rural village? Page 224 January 25, 2005 MR. HUTCHCRAFT: Well, we definitely have to do that because we're required to submit a planned unit development for the property, and we don't get the approvals unless we have the ability to achieve that density. So we are going to be required as part of the approval of the planned unit development. So you actually have two more takes, actually three more takes at this. COMMISSIONER COLETTA: And forgive me if I sound suspicious. I don't mean to be. I mean, you've been some of the most ethical builders that have ever been around; however, it's the very nature of government itself -- MR. HUTCHCRAFT: Sure. COMMISSIONER COLETTA: -- to be suspicious of everything that goes on around it. My other question is, is the land that we're talking about possibly turning into sending lands, the neutral now. MR. HUTCHCRAFT: Correct. COMMISSIONER COLETTA: Is there plans to use that extra credit if it becomes available to restore this land? MR. HUTCHCRAFT: We have anticipated that if the bonuses become available, that we would obviously take advantage of that credit. And I think that generates an extra -- and again, you know, they talked about lawyer math; I'm doing planner math. It's a total of 80, but the net increase is like 64 units. It's very small. COMMISSIONER COLETTA: I know it is, but there's going to be a certain comfort level within this commission, and I think on staff, too, if they know what they're going to end up with is not going barren piece of land. MR. HUTCHCRAFT: No. And that's a great point, and let me clarify. Our intention is that if the bonuses are approved and we do the rural village as indicated there, one of the bonuses is for us to go in and do the management on the 80 acres to make sure that it's a quality piece of property. We'll remove exotics and we'll do the management activities. Page 225 January 25,2005 One of the other bonuses that are available to us is a conveyance to public ownership, and that is one thing that we are definitely considering, that the end result might be a donation of the land to the county that is fully managed and has a grant, as you've been talking about, as required by your land development code, that would be funding in perpetuity to maintain. So those are -- those are part of our plans going forward, yes. COMMISSIONER COLETTA: And nothing's as simple as it seems. If you manage to survive this particular cut and move on, do you have any kind of impediment there as far as land values go or anything else out there that might derail the system over and above what the commission has control over? MR. HUTCHCRAFT: What I can tell you from my perspective is that without the approval of this amendment and the approval of the bonuses, I don't think that a rural village is a viable option on this property. So I think that the answer is, yes, that there would be an impact. I'm not an economist and I can't tell you what that impact is, but I can tell you that by this not being a rural village, the demand for TDRs would go down. COMMISSIONER COLETTA: So the next time you come back to us, you're going to have a little more flesh on the bones for us to be able to look at? MR. HUTCHCRAFT: Yes, sir. COMMISSIONER COLETTA: Thank you very much for your time. MR. HUTCHCRAFT: And one other thing that I want to make sure is clear, we made a commitment in front of the planning commission that if this was transmitted to DCA along with the TDR bonuses, that we were going to submit actually for our PUD rezoning prior to the adoption hearing, so you would have a chance to see our package. I'm sure there would be lots of sufficiency comments that would Page 226 January 25, 2005 come after that, but our intention is to move forward and submit a zoning application as fast as possible, to give you that assurance. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Can you show me where Gary (sic) Island Road is? MR. HUTCHCRAFT: Yes, Sir. COMMISSIONER FIALA: What's the name of it? COMMISSIONER HENNING: Gary Island Road. MR. HUTCHCRAFT: Right there. And as you can -- as you can see, our intention, and we have made it clear to all of the property owners out there, we intend for that to continue to provide access. It is not intended for us to use that as a vehicular access. COMMISSIONER HENNING: Yeah, more information than I need at this point. MR. HUTCHCRAFT: Okay. COMMISSIONER HENNING: The -- but you -- all the land that you're considering on sending land, you have ownership of? MR. HUTCHCRAFT: Yes, sir. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: Finished? COMMISSIONER HENNING: Uh-huh. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yes. My question for the gentleman is that if we don't approve this portion of the growth management plan but approve the other portion, that wouldn't stop the rural village concept? MR. ANDERSON: Yeah. COMMISSIONER HALAS: Why? MR. ANDERSON: We wouldn't meet the minimum acreage size for a rural village without this change. The minimum size is 300 acres, plus a green belt. So without this map amendment -- COMMISSIONER HALAS: But even in regards to the 140 Page 227 January 25, 2005 acres, I believe, that are going to be neutral lands, you want to make them receiving lands, you still don't have enough -- MR. ANDERSON: No. It's that -- with that we do have enough. My point is that if this is not approved, we don't have enough acres. COMMISSIONER HALAS: Okay. Then let me reword this. If we approve this one and don't approve the other one, can you still have the rural village? MR. ANDERSON: In theory, but I think as he indicated, it may not be economically viable. COMMISSIONER HALAS: Okay. My-- MR. ANDERSON: But it would meet the minimum size requirements. COMMISSIONER HALAS: Yeah. My concern is, as I said earlier -- stated earlier, that once we start this process of changing neutral lands to receiving lands, then I'm wondering if we are opening the door that we can't stop as far as holding down density out in this whole rural area. CHAIRMAN COYLE: Yeah. If I could, there's a density cap for the entire rural area, so we'll never be able to go beyond that, no matter how many of these we approve, so that will be our protection. COMMISSIONER HALAS: How are we -- how are we going to control that density cap, Commissioner? Maybe you can enlighten me a little bit. MR. ANDERSON: It's in the growth management plan. There is a density cap of one unit per acre in the rural fringe outside a rural village. Inside a rural village the density cap is no more than three units per acre. COMMISSIONER HALAS: Okay. MR. ANDERSON: And the county, in fact, requires a minimum density for a rural village of two units per acre. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Any other questions? Page 228 January 25, 2005 (N 0 response.) CHAIRMAN COYLE: If not, Commissioner Fiala has a motion. COMMISSIONER FIALA: Yes. I'd like to make a motion to approve and send. CHAIRMAN COYLE: A motion by Commissioner Fiala to approve. Is there a second? COMMISSIONER COLETTA: I'll give it a second because of the fact that we're going to have time to do more scrutiny on this when it comes back. I'm not -- I'm still nervous about certain points, but I'm comfortable enough to transmit. CHAIRMAN COYLE: Okay. We have a second. Any -- we'll close the public hearing and I'll call the question. All in favor, please signify by saying aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: All opposed? COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Okay. Commissioner Halas is opposed. It passes 4-1. MR. MUDD: Commissioner, that brings us to our third petition, and it's petition CP-2004-3. It's a petition requesting an amendment to the future land use element and future land use map to create a new Vanderbilt Beach Road neighborhood commercial subdistrict to allow for C-l through C-3 commercial uses, other comparable and/or compatible commercial uses not found specifically in the C-l through C-3 zoning district, mixed-use development, and indoor self-storage on two parcels, one located at the northeast corner of Vanderbilt Beach Road and Livingston Road, which is 9.18 acres, and one parcel further east on the north side of Vanderbilt Beach Road, eight acres zoned Vanderbilt Trust PUD, in Section 31, Township 48 south, Page 229 January 25, 2005 Range 26 east, urban estates planning community, and Mr. Richard Y ovanovich will present. MR. YOV ANOVICH: I guess, good evening. For the record, Rich Y ovanovich on behalf of the petitioner. I'm not going to get into a whole lot of details on this. I think the staff report is pretty detailed. I do want to point out that we did have a meeting with the residents of Wilshire Lakes last night to fill them in on what we're proposing. I think it was a very good meeting as far as giving them the details of what the compo plan proposal and request is and what it is not. It's not a rezone. So we explained all that process to the residents. They did express some of the issues that they had with the project, and we will meet with them again before adoption to talk about issues they may have and also talk about the actual rezone. Just real briefly, we're talking about two parcels. Parcel one is the parcel on the corner of Livingston Road and Vanderbilt Beach Road. Parcel two is just to the east of that. Parcel -- parcel one's approximately 10 acres. Parcel two is approximately eight acres. We're asking for C-l through C-3 type uses on both parcels and we're also asking for the ability to have indoor self-storage on one of the two parcels. The planning commission said, if you have it on one, you can't have it on both. We agree with that recommendation. Your staff report is a recommendation of approval of our proposed project. We're available to answer any questions you may have regarding the petition. We had a recommendation of 7 -1. The one dissenter really was -- he wanted to get into the details of setbacks for indoor self-storage at the compo plan stage versus at the zoning stage, and I think that was the reason for that one negative vote out of the eight that voted. CHAIRMAN COYLE: Okay. We have three speakers. Do you want to wait and hold your questions until after they speak or do you want to have questions now? Page 230 January 25, 2005 COMMISSIONER HENNING: I'll wait. COMMISSIONER HALAS: I was just going to make a motion for approval. CHAIRMAN COYLE: If you'd hold offuntil after we receive the public input, I'd appreciate it. COMMISSIONER HALAS: Okay. MS. FILSON: The first speaker is Liza McClenaghan. She'll be followed by Kenneth Sleeth. MS. McCLENAGHAN: And the third speaker has left. MS. FILSON: Thank you. That's Barb Callert? MS. McCLENAGHAN: Yes. Good evening. My name is Liza McClenaghan, a resident of Wilshire Lakes, which Fieldstone Village, a condominium, adjoins parcel two of the proposed Vanderbilt Beach Road neighborhood commercial subdistrict. I would like to thank the Collier County staff for assisting my understanding of the issues by providing access to documents and answering questions about the proposed CP-2004-3 amendment to the growth management plan. I would also like to thank the owners of the property and their team for sharing information with our community last night. I note that the planning commission's minutes are not yet posted on the web site of the county clerk, so we don't have accurate knowledge of what was discussed then. Despite this access, I ask your forbearance this afternoon because of my ignorance and skepticism. I'm still a student of this process, and as you've discussed these issues this evening, or this afternoon, you've come to the same kinds of problems that I have in looking at this proposal. It's how do you feel when you're looking at a document that states specifically what the ideas are that the person wants to do, yet it's not a rezoning question at this time. It's just a transmittal, and in six months, an approval process. Page 231 January 25, 2005 I have been told, along with my neighbors, that the amendment process is not the rezoning process that will determine the final disposition of these two parcels, yet the material before you lists specific uses. I feel if no comment is made at this time, at a later date, we will be told that the Florida Department of Community Affairs and this board have approved these uses. I believe the submitted document should not be basic in calling for self-storage facilities in the proposed subdistrict but mention only the commercial zoning designation of C-l through C-3, since the actual zoning process will take place at a later date. When that process takes place, we'll have enough time to learn more about the vision the owners have about self-storage and other allowed uses in these categories, including architecture and design. If you do keep the current wording, I support the county planning commission recommendation that self-storage be permitted on one of the two parcels, and the calculations for square footage. I would further recommend self-storage not be located directly next to the residential area of Fieldstone Village. W e'lllook for your support in the zoning process, that due consideration be given to the density, height, and barriers between the commercial and residential properties. Finally, the traffic analysis for Vanderbilt Beach Road is dated. While there was a ground breaking for the road back in November, Commissioner Fiala and Commissioner Henning were there, the proj ect has not yet commenced. That is expected in February. The project is 34 months for the five-mile stretch from Airport to Collier Boulevard. Norm Feder and his staff have met with the Wilshire Lakes residents' neighboring communities. He explained that the project has set deadlines for completion of intersections and that the contractor will have access to the whole corridor during construction. Page 232 January 25, 2005 The area between Livingston Road and Logan is most likely the last area to be worked based on the intersection commitments creating what he calls the center of the hourglass. Residents in Wilshire Lakes, Village Walk, and those living off Oaks Boulevard will have less trouble exiting their residential areas than returning. And we've talked about traffic issues already, so I see that I'm being asked to stop. To that end, I note as a separate item on the agenda, 1 7D, for the existing Vanderbilt Trust PUD parcel number two be extended for two years to 2006. While a two-year extension is all that is allowed at this time, it will not be adequate because of the Vanderbilt Beach Road construction. I would support an additional renewal when the time comes. Thank you for your consideration of these matters. CHAIRMAN COYLE: Thank you. MS. FILSON : Your final speaker is Kenneth Sleeth. MR. SLEETH: Commission Chairman and the board, my name is Ken Sleeth, and I live in Wilshire Lakes on Fabienne Court. I just want to add to what the previous speaker spoke about, and that was that I live in this area. N ow that area, if you look along -- all along Vanderbilt Road (sic), it is a residential area. So the question comes up in my mind, is this a proper type of usage for the area? And we had an excellent presentation last night by the owners and their representatives out there and we got some of the answers, but I still would, in the back of my mind, hope that even though this is in the preliminary stage, that in turn, when it comes down to the final thing, we would have some kind of a say in actually whether this would be approved or not, because I don't feel that living in that area there are -- I'm sure there are a lot of the people around me, that in turn, we're -- we should be absorbing into buildings that all have yellow entry doors with -- and secondary to storage sheds. I thank Page 233 January 25,2005 you. CHAIRMAN COYLE: Thank you. That was our last speaker? MS. FILSON: Yes, sir. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Yeah. I do believe that all of these issues will be addressed at the time that we go forward in zoning. All we're doing right now is just transmitting this up to Florida DCA. So at that, I make a motion for moving this up to transmittal. CHAIRMAN COYLE: Okay. We have a motion for approval. I presume it includes the CCPC recommendations? COMMISSIONER HALAS: That's correct. CHAIRMAN COYLE: They're incorporated in your motion? COMMISSIONER HALAS: Yes. CHAIRMAN COYLE: Is there a second? COMMISSIONER COLETTA: Okay. I'll make the second. CHAIRMAN COYLE: Okay. Commissioner Coletta seconds it. Commissioner Henning has a question, or comment. COMMISSIONER HENNING: This is not an activity center, correct? MR. YOV ANOVICH: No, it's not. We're creating a subdistrict. COMMISSIONER HENNING: And what I can see is a future activity center, because the only logical choice on the property in between the area one and two is to go commercial. MR. YOV ANOVICH: Well, let me -- let me answer that question. First of all, as -- you'll notice that on the four quadrants, there's only one quadrant that's not already been developed. If you look to the northeast, you'll see it's a golf course, to the southeast you'll see residential development, and to the -- to the southwest you'll see residential development. I meant to say northwest on the first one. So there will be no commercial in those quadrants. But the two parcels in between our parcel one and parcel two Page 234 January 25, 2005 were recently acquired for a pretty hefty sum of money, more than a commercial developer would pay for it because they're ongoing businesses, and I'm assuming will continue to be ongoing businesses based upon those sales prices. So we are not -- we don't believe that those infill parcels will actually become commercial parcels. That would be the subj ect of a further compo plan amendment in the future, and it mayor may not be appropriate for those parcels to become commercial if they ever do decide to go through that process. COMMISSIONER HENNING: What would be the logical choice besides commercial? MR. YOV ANOVICH: Well, right now they're ongoing businesses. COMMISSIONER HENNING: Yeah. MR. YOV ANOVICH: And for what they paid for those businesses, they must be -- must be worthwhile and will continue to ongo -- continue in those endeavors. COMMISSIONER HENNING: Oh. CHAIRMAN COYLE: Okay. We have a -- we will close the public hearing. We have a motion on the table to -- for approval by Commissioner Halas, and it was seconded by Commissioner Coletta. All in favor, please signify by saying -- what? MR. MOSS: Excuse me. John David Moss, comprehensive planning. I received a correspondence from a gentleman who lives in Wilshire Lakes, and in the legal advertisement it states that any correspondence sent will be read into the record. Would you like me read it or at least provide you with a summary of what the gentleman stated? CHAIRMAN COYLE: Either that or you can give us a copy and we can put it in the record. Where's our attorney? I'm flying solo here. What we'll do -- MR. YOV ANOVICH: Do you want me to help you? Page 235 January 25, 2005 CHAIRMAN COYLE: No. COMMISSIONER FIALA: Our attorneys are right back there. CHAIRMAN COYLE: I want reliable legal advice. MS. STUDENT: For the record, Marjorie Student, assistant county attorney. I think it would be fine if it would just -- it says read into the record. I think if a very brief summary is made and then given to the board for the record that would be adequate. Again, a brief summary. COMMISSIONER HENNING: Before you start, I have a question. I received some correspondence on this. Should it be read, too? CHAIRMAN COYLE: There's no ex parte disclosure here in this process. MS. STUDENT: Well, no, I understand. But the legal advertisement did say it would be read into the record. I understand if there's a voluminous amount of material, it may add substantially. I think maybe if it could be summarized into one -- perhaps one line, and any correspondence received by the commissioner, ifhe could just summarize it very generally, that would-- CHAIRMAN COYLE: Three words or less. COMMISSIONER HENNING: I can do it for you. MR. MUDD: Yes, sir. Given this -- given this background -- and this is what the gentleman says, I was appalled to hear that our Board of County Commissioners would ever consider a hearing to change our district into a commercial area as outlined in CP-2004-3. So the gentleman is not in favor of it, and I will take a copy of this and give it to the court reporter and put it in the record, sir. CHAIRMAN COYLE: Good. Thank you very much. Okay. We still have the motion on the table. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. Page 236 January 25,2005 CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: It is four, with Commissioner Henning absent. Now we're going to item number four, petition 200 -- CP-2004-4, right? MR. MUDD: Yes, sir, and that's a petition requesting an amendment to the future land use element to change the rural fringe mixed-use district sending lands to add three transfer of development rights, TDR's bonus provisions, each for one TDR credit for, number one, listed species habitat management plan and maintenance; number two, fee simple conveyance to conservation entity or program; number three, early entry into the TDR program and to amend rural village development standards. And Mr. Bruce Anderson will present. MR. ANDERSON: Good evening, Mr. Chairman, Commissioners. My name is Bruce Anderson. I am here representing the Collier Building Industry Association. With me this evening is Robert Duane, planning director of Hole Montes and Associates, and the planner or this TDR amendment who put together the data and analysis to support it. Also here is David Ellis, the executive vice-president of the Collier Building Industry Association. I'd also like to introduce CBIA's co-applicants on this TDR amendment. Nancy Payton of the Florida Wildlife Federation, she's also pinch-hitting for Brad Cornell this evening on behalf of Collier County Audubon Society, and they are here with their attorney, Tom Reese. These three organizations are working together to try to successfully implement the county's growth management plan for the rural fringe which calls for the county to direct new development to appropriate locations called receiving lands and to protect from new Page 237 January 25, 2005 development valuable environmental lands, called sending lands. Sending lands also include natural resource protection areas. One of the primary ways which the rural fringe plan seeks to accomplish this is through an economic-based incentive program to preserve sending lands known as the transfer of development rights, or TDRprogram. It was envisioned that an owner of sending lands would record a conservation easement on his property thereby severing the TDR and then sell that TDR to an owner of receiving lands to build a dwelling unit on receiving lands. But as the staff report states, quote, to date county records indicate that zero TDRs have been severed from the approximately 21,127 acres of sending lands eligible for participation in the TDR program, end of quote. That means that since the rural fringe plan was adopted more than two and a half years ago, not a single acre of sending lands has been preserved through the recording of a county conservation easement. Now, there may have been a few conservation easements recorded in connection with urban area development or mining, but none as a result of the rural fringe plan. Without a conservation easement, those 21,000 acres of sending lands are vulnerable to development as country estates, scattered throughout the 73,000 acres that make up the rural fringe. Now, there's a name for that kind of development pattern, and it's called urban sprawl. The TDR program is supposed to protect sending lands and to prevent urban sprawl, but it is doing neither. It is broken and it needs to be fixed. And as Dr. Nicholas, your TDR consultant, stated in his report, quote, enhancing the incentive is the only thing to do, unquote. The proposal before you today enhances the TDR incentives without raising the density limits that are already in place in the rural Page 238 January 25,2005 fringe. According to those who have unsuccessfully sought to acquire TDRs, because of estate lots escalating in value, five-acre sending land parcels for ranchettes and country estates in the rural fringe are being purchased for 10,000 to 15,000 and on up per acre; however, the same market forces that make these five-acre parcels attractive for development of single-family homes make it non-viable economically for a developer to pay 50- to $75,000 or more for the right to build one dwelling unit before he even buys the land to put the dwelling unit on. Hence, the problem with the present TDR program is that even if TDRs could be found to be purchased, it is not economically viable to buy and use them, but it is economically viable for someone to spend 50- to $75,000 for five acres of land to build a home on, and that's exactly what's happening. The solution proposed in this amendment would make it more profitable to conserve the land and sever the TDRs than to sell it for residential development, and that is what you say you want to have happen in your plan. Instead of 50- to $75,000 for title to the property for one TDR unit, the owner can receive more and the developer can pay more than 50- to $75,000 if there are more TDR units available to be severed from the five-acre parcel. Of course, the market will determine all of that. This amendment is a four-way win all the way around, for the environment, for owners of sending lands, for owners of receiving lands, and for the county. The EAC recognized this and unanimously recommended approval, the planning commission recognized this and recommended approval as well, your staff views this as such a big win all the way around that they asked us to join in as co-applicants. In a moment Mr. Ellis and Ms. Payton will each explain about the TDR bonus proposals, of which there are three. Closely related to the problems of getting the program off the ground are some changes Page 239 January 25, 2005 that are proposed to the very specific standards that are in the growth management plan for rural villages. After you hear from Mr. Ellis and Ms. Payton, if there are questions relating either to the TDR amendment or the proposed rural village language changes, I or another member of the team will be happy to answer your questions. At the conclusion of the hearing we ask you to follow your environmental and planning advisory board's recommendations and approve this rescue of the rural fringe plan and the TDR program. COMMISSIONER HALAS: Any questions from the commissioners? (No response.) COMMISSIONER HALAS: We'll go ahead and listen to the public speakers then. MS. FILSON: Actually, he's a presenter, not a speaker. COMMISSIONER HALAS: Oh. MR. ELLIS: Commissioners, I'm David Ellis with the Collier Building Industry Association. It really is our pleasure to be here tonight to talk about this program. They've asked me to describe the early entry bonus, probably the easiest one to understand. The idea of the bonus is, those that come into the program in the next three years will get an additional development right for entering the process early, or sooner. It's designed to get early entry into the program, just like we did in the eastern lands when we set up that program. It's modeled after that. The bonus will encourage people to transfer their development rights sooner. The idea is, is that we can get those lands that need to be preserved into preservation sooner. As Mr. Anderson noted, with the pressure in the escalating property values, some of those lands, people may see the economics of not doing that and not really 1!laking this program work and, importantly, not preserving the lands that will Page 240 January 25, 2005 need to be preserved. I would note that when we originally came forward with this recommendation, we said, let's make it a five-year window. Your county consultant on TDRs suggested three years, and we do comply with that. We've been trying to work with the county to try to make everything work. As many of you know, I served on the Rural Fringe Committee. I was on that for two and a half years. We knew that the TDR program was going to be the lynch-pin of the success of what we did. I really believe this early entry bonus will help us move this program towards success and to accomplish the important goals that we have to preserve those important lands and yet move development to appropriate places in our community. Thank you, Commissioners. Ms. Payton's going to come forward and explain the other two bonuses. MS. PAYTON: Thank you. Nancy Payton, representing the Florida Wildlife Federation and Collier County Audubon Society, co-petitioners with CBIA. First I'm going to address the restoration and maintenance TDR bonus. When we adopted the rural fringe plan back in 2002, we failed to provide incentives to landowners who removed their -- severed their TDCs. We had no incentives for them to enhance and maintain the habitat in that environmentally sensitive area, hence the concept, the idea, for the restoration and maintenance TDR. It's a pretty simple concept, that a landowner who removes exotics, institutes a habitat management plan and keeps it exotic free is entitled to that bonus TDR. Also, I might tell you that there is a stakeholders group that has been meeting for an extended period of time looking at landowner incentives, that is government programs, state and federal programs that provide assistance as well as grants to landowners who want to Page 241 January 25, 2005 improve habitat on their property. So this would be a way for landowners in the sending area to get some type of assistance to actually reach the goal of this restoration and maintenance TDR. The details, or the specifics of the restoration and maintenance plan are something that need to be worked on in the LDCs. And there has been a proposed change in language that eliminates the reference to 25-year annuity, and it replaces that with just the concept that there's going to be a restoration and management plan. And we've found as we've been working on this particular bonus and talking with state agencies, permitting agencies, landowners, that different types of habitat require different maintenance requirements and, therefore, we can't have one size fits all, and those details truly do need to be worked out in the LDC as opposed to our broad -- growth management plan. And I -- I think that those -- that change has been provided to you? It has. Thank you very much. The final TDR, the third bonus TDR is conveyance, and that is that once you have done your restoration and maintenance plan and you're maintaining it to standards, then you have the opportunity to convey that land, that is free, give it, to a public agency, for instance Conservation Collier. And we talked a little bit earlier about the 80 acres in the Bonita Beach -- or the Bonita Bay property south of Immokalee Road, and that might be an opportunity, hopefully, to receive that land. Also the Big Cypress Basin has expressed support for this project, and I believe you received a letter from Clarence Tears outlining the various opportunities that exist, and I am going to read that briefly, because I don't think Clarence -- I'm going to read that in a minute because I understand Clarence isn't here. This bonus TDR is probably most attractive to landowners who have purchased large tracts and to those who have purchased sending lands for TDRs and mitigation benefits. Page 242 January 25, 2005 North Belle Meade is probably going to be the area that's going to benefit the most from this particular program. And I would like to read a portion of Clarence Tear's letter where he outlines the opportunities that exist for this program to be compatible with several of their goals. And I'll briefly read. The North Belle Meade NRP A sending area consists of approximately 6,000 acres. If this area can be acquired through this amendment, we have an excellent opportunity to rehydrate an extensively over-drained area, to improve water quality, enhance wetland functions, and provide flood peak attenuation opportunities for the rapidly urbanizing northern Golden Gate Estates. The North Belle Meade rehydration will also provide aquifer recharge and the reduction of excessive freshwater inflow to the Naples Bay. In addition, the initiative supports the goals and objectives of the Southwest Florida feasibility study, which is part of the $8 billion Everglades restoration plan. So there are significant opportunities or cumulative impacts that are associated with these bonus TDRs. We urge you to support this amendment and vote for transmittal to the DCA. Thank you. MS. FILSON: And I also, Mr. Vice-Chairman, have five speakers on this issue. COMMISSIONER HALAS: Okay. Thank you. MR. LITSINGER: Mr. Vice-Chairman, I am staff comprehensive planning director, Stan Litsinger, and I'd like to say very enthusiastically that we are the fourth petitioner in this joint petition to modify and enhance your TDR program. And as I'm sure all of you are aware, this has been an ongoing effort to develop these enhancements for at least six months. As Nancy had mentioned, to demonstrate the continuing effort to polish and try to perfect a new set of bonuses that will jumpstart this program and that will actually start to realize both from the TDR Page 243 January 25, 2005 property owners' perspective in receiving some of the rewards associated with this program and also to make TDR units available in practical quantities in order to achieve some of the development scenarios that we would like to see, such as the rural village that we just heard about recently, and the receiving lands. We, as recently as Friday, as mentioned by Nancy, have done some modification and what we call refinement to the restoration and maintenance bonus, which I believe you had been presented the language. Also with me to make some brief comments relative to his support of the timing of this addition of additional bonuses, we have Dr. Jim Nicholas, who's one of the prime architects of our TDR program through the two-year process of the rural fringe mixed-use districts, and we also have Marti Chumbler, our growth management plan and rural fringe mixed-use district legal counsel here. At this point, I would think -- we feel that the anecdotal evidence that we have experienced in a little less than a year's time is correct. And I would reflect Bruce's comments and the comments of Nancy and David Ellis both, that we are prepared but we have not seen any results which would indicate that we need to take the next step. We feel confident as your staff in recommending transmittal of these additional bonuses to DCA and their eventual adoption so that we can realize the results that we had intended or thought we would have seen through the TDR program. With that, staff has no more specific presentation. Dr. Nicholas would like to make a few comments in support of the bonuses, and if you would permit us a few moments, I would like to have Dr. Nicholas speak with you. COMMISSIONER HALAS: Okay, please. DR. NICHOLAS: Thank you, Stan, Commissioners, good afternoon. Again, I'm Jim Nicholas. I've been privileged to serve as your consultant on TDR matters. Page 244 January 25, 2005 When Collier County created this TDR program, there was a great deal of caution. Perhaps the most common mistake that has been made in the hundreds of TDR programs around the country has been to flood the market. They come in and just dump them there with the result that the TDR has little to no value and it has no credibility. And that was a major concern to avoid that mistake so the numbers were kept low. In fact, there was a lot of criticism, if you recall at the time. In fact, there was even a legal challenge that they were too low. And whether that was or wasn't, we recognized, if you remember our discussions at the time, that it might well be low, and that's where the revisitation commitment came into play. This started out, let's be cautious and then revisit it, because then we'll have some experience to look at. And in so doing, the whole concern was always to provide maximum assurance to sending owner property owners that these would have value to them. Of course the year has passed and now we're revisiting. We designed the program to net back to the sending area properties $5,000 per acre, or the $25,000 per right. That was the number, that was the goal we were looking at. That number or that goal has been rejected in the marketplaces for all the reasons you've heard. So now we have -- we're faced with a situation of how to increase the net back to the sending area property owners without destroying the economic feasibility of the TDR to the users, and the only way to do that is by increasing the ratios of TDRs. So one way to do it is simply to come in and increase the ratio. The other is to use it in an incentive system, which is -- of course, is exactly what you have brought here. From my perspective on the TDR, it doesn't make much difference how you do it. But what, in effect, you have done is simply Page 245 January 25, 2005 increased the ratio. Now, in the cases of the first two bonuses, there are costs associated with that. Restoration is not free, and the contribution for maintenance itself is costly. The dedication mayor may not be appropriate in all cases. The one you can really count on is the early entry, and this is the one everybody can control. Everybody can decide to come in now. Again, you've heard my recommendation. Keep that period short, three years. Come in, make it, get the system up and operating. In my opinion, these three incentives will enhance the feasibility of the TDR to the sending area property owners. There's no question that there is the -- the incentive to the users. It's to the senders that the incentive is not there. And this, in fact, will address those, it will increase the net back to those sending area property owners -- again, one of the major concerns -- and it will do so in such a way that it will not diminish the economic feasibility of the users in the receiving areas. I'll be happy to try and answer any questions. COMMISSIONER HALAS: Any discussion? COMMISSIONER FIALA: I just have a really basic one, if you don't mind. DR. NICHOLAS: Yes, ma'am. COMMISSIONER FIALA: Say, for instance, I have a house on five acres and I want to take advantage -- and I'm in the right location and I want to take advantage of this program but I don't want to leave my house. Can I sell the development rights to that property? I have five acres, so one TDR. And then if I do it rather quickly, get a second one. And if I clean it all up and make sure that on my five acres there are no exotics and I maintain that, there's three. I know I don't want to give it away because I want my house on there. Can I do that? MS. CHUMBLER: Commissioner, Marti Chumbler, outside Page 246 January 25, 2005 legal counsel for the county. I think I need to change your example a little bit because if you have five acres with a house on it, there's nothing left for you to sell. You've developed that property to the max. There's no TDR left to be severed from that property. A better example would be the property owner with 10 acres. They've got one house on that. So there still is a five-acre parcel on which they could sever the one base TDR. They would have the option of then, if they do it within the first three years creating the early entry bonus, and if they wanted to incur the expense of entering into a restoration and management agreement, they could then conceivably also get the third bonus and still stay there in their house. COMMISSIONER FIALA: Okay. Thank you. COMMISSIONER HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. I do have quite a bit, and what I'll do is if I go too far and you want to jump in, I'll give it up and come back again, because it's a -- if there's anything I've done an extensive amount of research on in my time with the commission, it's been the TDR program. And there's a lot I learned. There's a lot of things that are being represented to us that aren't quite the way they appear to be, and I want to go through a couple of them, if anything, just to get back to honesty in government, then I'm going to tell you why the basic program is probably still a great idea. One is that TDRs -- no TDRs have been severed, so the program failed. Totally false. They haven't been severed correct, but there has been numerous purchases out there. Since 2002, 471 lands have traded hands in the -- in the sending area to potential developers, and I have a list of them here, who the holding companies are, but that doesn't matter. The people that have bought these TDRs have just as much right to them as the people that still sold them, so we've got to respect their wishes on that. But just the amount of TDRs that are being held by Page 247 January 25, 2005 developers at this time is a good indication that the program is working and that we have preserved the lands out there. No one's been able to violate what's been set up about the 40 acres, one lot -- one building per 40 acres or one building per lot of record, but there are some things that we need to talk about just so people understand what the mechanism is that's driving this. One of the elements out there that we're all familiar with, and it still boggles our mind -- and when this program was originally contemplated and put together, whoever anticipated that our land values would soar to the levels that they are today? And that very fact raises a special problem for five-acre lots, or even lots less than 10 acres, where only one TDR, in this case here, four, are available. Those lots are worth so much money as building lots. There's numerous ones out there that I don't think you're ever going to get the value of a TDR up to the point that it's going to compensate somebody for a building lot. We heard Commissioner Henning earlier tell us about 75- foot lots out there, Commissioner Henning? What was that number you were telling us about for a 75- foot lot out in the Estates? COMMISSIONER HENNING: Average is 50,000. One sold for 137,000 just -- COMMISSIONER COLETTA: So you've got to remember as time goes along, this market's going to probably do nothing but escalate. And where there's little trails today, there will be roads tomorrow. And I just want us to be totally up-front about this and honest. And the inholdings, we have numerous -- well, we don't have numerous. We have would some holdings that are very large, consist of acreage, and they're limited to one dwelling per 40 acres. And if you stop to think about that, why would anybody in their right mind sell the last five acres within that 40 acres? That little inholding's got to be worth an absolute fortune for somebody that Page 248 January 25,2005 would like to have a home in the wilderness and know that your nearest neighbor is always going to be separated by that 40 acres that surround you, and possibly other acreage on the other side. And that in itself is going to raise a little bit of a problem in the fact that wherever these inholdings are and wherever they do build homes, there's going to be private roads, and the private roads are going to disturb the water flow that takes place, and the people that are there are going to have electricity and telephone lines coming to them, and emergency services will have to go. But in all reality, we've got to make sure that we understand what the possibilities are of this program and also what the limitations are. There is a couple things I would like to go into. And once again, I'm probably going to take a record amount of time, and Commissioner -- Commissioner Coyle, you're going to be proud of me. Get your time watch going. Okay, turn that egg timer around. CHAIRMAN COYLE: Do you need a break soon? COMMISSIONER COLETTA: No, I don't. CHAIRMAN COYLE: No, I'm not talking -- COMMISSIONER COLETTA: I'm fine. Thank you very much for asking. CHAIRMAN COYLE: Our court stenographer has been laboring there for hours and hours. COMMISSIONER COLETTA: Have you, dear? Are you ready for a break? Because I'm going to talk your ear off, and I'll try not to go too fast. I do want to point out some of the inconsistencies. We -- earlier today we talked about committees that are put together outside of the government, outside of the sunshine, and these committees come together, and they serve a purpose to a point. I mean, when other people aren't willing to meet, they meet, and they do come up with conclusions based upon everything that's given to them. I do want us to note that that committee that came together for Page 249 January 25, 2005 the stakeholders' group, out of that group, it was made up of 18 developers, the developers' interest, eight consultants or attorneys for developers' interest, 10 members of Collier County staff, four members of environmental groups, and one representative of the local builders, and one newspaper reporter. CHAIRMAN COYLE: Oh, my God. COMMISSIONER COLETTA: So these people are helping to guide a process that's going to make determinations of other people's lands' values, and this, in itself, is a very nervous situation. I don't think the process has gone to the point where I'm totally comfortable with it. The only saving grace on it is that there is some time between now and when it comes back to us to be able to say, well, that's it, this thing isn't going to work, or get this modified to the point that it's going to meet the true needs of everyone that's involved in it. Some of the things that I'd like you to think about a little bit. Remember I was talking inholdings, the five-acre inholdings that are going to -- they're going to be a detriment to what is trying to be accomplished. Now, you're going to have a hard time picking up five-acre lots unless they're isolated, or the 5.9-acre lots unless they're isolated. Some of the smaller lots that are less than a quarter of an acre, and there are some out there, they might be picked up by the sure fact that they're going to have probably four credits with them, and they'll be able to weigh them out. But it's such things as when we have some of these large developers that own the land out there now, and they're going to be turning it in for TDRs, and once again, they have every right to those TDRs that they purchased with the land as anyone else out there. Maybe we ought to consider a rule that if you have a holding, that at that point in time that holding has to be given with the rest of the land. In other words, if you have 40 acres, you can't have a Page 250 January 25,2005 five-acre inholding, you've got to be able to do the whole acreage at one time to avoid the inholding. Now, I don't know how popular that's going to be or if that's going to be another problem that we have to contend with, and I don't know if when it comes back to us, if we could deal with it then. Can we, Stan? Would that be something that we could talk about between now and when this thing comes back, or would that raise a major problem? MR. LITSINGER: Yes, Commissioner. We can discuss the issue of requirement that inholders where that -- in the example that we discussed the other day was if you have a 40-acre parcel, you could effectively identify five acres and sell seven TDRs. Intuitively we would think of it as a disincentive to become involved in the TDR program if there was a requirement to give up that homestead or that rurallifesty le in order to donate the other 35 acres. COMMISSIONER COLETTA: Well, if there's nothing built on it, that is, of course. MR. LITSINGER: Yes. But we had -- it's certainly something that we can discuss then. If there is an inclination, it could be changed prior to adoption. COMMISSIONER COLETTA: It's just one of those things I think that's never come up in the discussion, but it only makes common sense that if you are a holder of lands out there of any size of acreage, why would you be prompted to give up that last five acres when it's got to be worth an absolute fortune? It would be something that you'd bank against, which is going to have a little bit of a deterrent on the program. The idea of the program is to come up with continuous land that can be returned to a natural state or preserved in the natural state that all right exists. It shouldn't -- thoughts that we've got to be working with as we go forward with the process. Page 251 January 25, 2005 Another concern, and I don't think this is a big concern, and I'll tell you why, is that the early entry bonus, and especially the extra bonuses, would turn a market around now that is a seller's market, into a buyer's market, where there -- maybe all of a sudden people will say, okay, we have all these TDRs out there. They'll see that -- the fact that a lot of them have been severed from the property because the developers out there, once they get to four, I assume that they're going to sever them at that time. I don't know why they'd want to hold them any longer. At that point in time they'll start to see the market being built. It could create a buyer's market, but only with limitations. There's nowheres near the amount of TDRs available that is indicated by all the numbers and figures that you see. A lot of them already have homes on them. They're out of consideration. A lot of them, the value of them is just way too high for the TDR program to ever pick up, and people will sit on them and speculate -- speculate on them, and there's some that no matter what happens will never participate in the market. I think we estimated it would be 40 to 60 percent; is that correct? MR. LITSINGER: Yes. Dr. Nicholas, in his report that he prepared for us in presentation of these amendments, estimated that 50 percent of the base TDRs would ultimately be severed, and, perhaps, 80 percent of the bonuses, in the first three years. Afterwards we're looking at approximately possibly eventually 80 percent. It's worth noting, as Dr. Nicholas pointed out in his report, Montgomery County, Maryland, which has been one of the more successful programs, after 25 years, has 60 percent severance. COMMISSIONER COLETTA: Dr. Nicholas, if you could, for just one moment, come up front. And what I'm going to do in a minute is cut off and allow my fellow commissioners to carry forward, and I'll come back later. I don't want to dominate this conversation. Sir, the examples that you had in the past in Maryland? Page 252 January 25, 2005 DR. NICHOLAS: Maryland and New Jersey. COMMISSIONER COLETTA: In New Jersey, did you ever run into the situation of escalating land values such as we're experiencing today in Collier County? DR. NICHOLAS: Not there. In Long Island we have. COMMISSIONER COLETTA: And what was the outcome there? DR. NICHOLAS: The outcome there was many people decided not to participate. COMMISSIONER COLETTA: Okay. DR. NICHOLAS: Excuse me, Commissioner. COMMISSIONER COLETTA: So at what level is the program considered successful as far as a percentage goes before we might become liable for some Bert Harris Act? What would that be? Is there a magic number? DR. NICHOLAS: Not that I know of. I think the big thing is, is to -- once the program starts where we're getting arms length sales, what we see elsewhere is, is then it just keeps itself going. And finally when people don't want to sell anymore, we'll see the prices starting to rise, and -- which apparently is the case in Montgomery County now. They've sold all they want to sell. The prices are rising, and even at those higher pricings, no new rights are being offered up. That seems to be the -- sort of the norm. COMMISSIONER COLETTA: Did they come back and question the validity of the program at that point because someone wasn't selling after a certain percentage, 40 percent or so was sold? DR. NICHOLAS: What they did do was contacted me and several other people and said, you know, what ideas do we have on, perhaps, renovating the program or revising it? And, of course, one of their options is to say that hey, it's served its function. No one ever anticipates you would ever have 100 percent participation. You certainly wouldn't have that here. What we did see Page 253 January 25,2005 in Montgomery, which is the closest thing you are is to Montgomery County -- very expensive land there, too, you know, suburban Washington. There you had -- it started out quickly and you had purchases, then it went along very steady for a number of years, and now it's tailed off. What you don't have here is you haven't got the start off, and, of course, that's the dilemma that we're trying to deal with. COMMISSIONER COLETTA: And I doubt seriously if you can answer this question, but I'm going to give it a try. How can we be assured that the rural villages will be developed and not golf course communities? From my indication of the people that are buying the land out there, they specialize in golf course communities, and that's a concern. DR. NICHOLAS: Commissioner, I have to say that that's not my area. COMMISSIONER COLETTA: Okay. I'm sorry. That's probably Mr. Litsinger. DR. NICHOLAS: You know, that, I think, is the regulatory area. COMMISSIONER COLETTA: Thank you very much, Dr. Nicholas. I do appreciate it. MR. LITSINGER: A comment on golf course development as an alternative to rural village which, of course, can have a golf course. We can have cluster development in the receiving lands of one unit per acre in a clustered development, which amenitized with a golf course may be a choice. Ultimately, looking at the cost of acquiring the TDRs that are needed to entitle the golf course and the other considerations of the market segment that will be targeted in these receiving lands, I think it would be very difficult to make a prediction on what market demands will vacate that area. COMMISSIONER COLETTA: Let me go back, Stan. I do appreciate -- Page 254 January 25, 2005 MR. LITSINGER: But yes, they could develop a golf course, but not in the receiving lands. COMMISSIONER COLETTA: I understand that. We did leave that option open. I think that might have been unintentionally, because I think every commissioner here is visualizing rural villages to be able to meet that need for growth in the future, something that will be all encompassing that will have places for school, work, for people to be able to recreate and be more or less a self-contained town. MR. LITSINGER: Mixed-use. COMMISSIONER COLETTA: A little bit on the order of Ave Maria. I don't think we're thinking golf courses, and golf courses are pretty easy to put in, and the indication, other than Bonita Bay -- and they're a respectable company, and they're making a commitment up front that they're going to do that, that's provided all the stars and the planets line up right, of course. How can we be assured? Is there something between now and the time this comes back that we can put in there that the extra credits can only be used for rural villages? Can we do that? MR. LITSINGER: Of course, legislatively, you can make that decision, as the Board of County Commissioners. It's a legislative process. I am trying to anticipate a circumstance where either the petitioners or your consultants or staff would recommend that option. COMMISSIONER COLETTA: Are we going to have some sort of workshop before it comes back again so we might be able to get into real details on this? Because unless you get directions from the commission, you won't know which direction to go between now and the time it's resubmitted. And if it's still the same as it is now, where are we going to be? MR. LITSINGER: Well, it will come back in 60 days for a second public hearing before the planning commission and a second public hearing, final decision-making process for the Board of County Page 255 January 25, 2005 Commissioners to either adopt them as transmitted or to make some changes that may be considered in the meantime. COMMISSIONER COLETTA: Okay. I have taken this mike long enough. I do have other questions, but I'd like to give it up to Commissioner Halas and then come back later. CHAIRMAN COYLE: Could we get public comment, please? COMMISSIONER COLETTA: Oh, I'm sorry. I thought we'd been through that. COMMISSIONER HALAS: Nope. We've got -- CHAIRMAN COYLE: We've got how many public -- MS. FILSON: We have five public speakers. The first speaker is COMMISSIONER COLETTA: I apologize. MS. FILSON: -- John Vega. CHAIRMAN COYLE: That's all right. MS. FILSON: He'll be followed by Richard Woodruff. MR. VEGA: Thank you. Good afternoon -- or good evening, Commissioners. My name is John Vega. I'm here on behalf of Francis D. Hussey, Jr., and Mary Pat Hussey. They are owners of a large section of contiguous land within the North Belle Meade area that's designated sending, that's non-NRPA, as well as Shawn Hussey, trustee, who owns certain ancillary parcels within the North Belle Meade, also sending; some NRP A, some non- NRP A. On behalf of those landowners, I object to the proposal. I may be the fifth estate that's not in favor of it. If we quadruple the amount of TDRs that are available, we decrease the price. Supply and demand tends to work everywhere other than with tomatoes, is my understanding. So -- and in addition -- in addition to flooding the market with four times as many TDRs, we've created increased costs in order to obtain them. So a sending landowner would see the value of his TDRs go down, the cost to achieve those TDRs go up. The big Page 256 January 25, 2005 beneficiary, in my mind, are the people that own lands in receiving lands. They now have four times as many TDRs that they can pick up for approximately the same cost. And let's not forget the two-for-one bonus within rural villages. If you quadruple the amount ofTDRs that are available for sale and you double them when they're used within rural villages, you've octupled the amount of residential units that can be created. Now,.in -- at its inception, the TDR program was quite clear that single- family development has always been permitted in the Collier County rural area at a base gross density of one dwelling unit per five acres. The alternative land use scenario presented herein maintains or reduces that gross density. Well, not anymore. Not if we octuple it. Now, I know that there are caps. Caps are pretty high though. I don't know that anyone's calculated them for you all. If you take the number of receiving acres, that's one per acre, knock out the rural villages, they can go up to three per acre. It's a huge number. Now, if we octuple the amount of sending TDRs, we might create an additional 30 -- maximum 35,000 TDRs. I'm with Commissioner Coletta, I think that there are so many single-family homes that that's unlikely. The true number's probably closer to half that. Staffs presentation thought that a population density would be 2.6 people per residential unit. If we do that math even at half, we're dumping 40- to 50,000 people. We're dropping them onto Immokalee Road, Golden Gate Boulevard, and East 41. Now, my understanding is that these are very difficult roads as it is, they're congested, and we're very weary of additional development. And while I'm in favor of the environmental benefits -- and I think the environmental TDR, perhaps, ought to be passed and make it the first TDR. That said, to create that much additional density and to drop it Page 257 January 25, 2005 on these congested roads, I don't think is warranted at this time. CHAIRMAN COYLE: Thank you. MS. FILSON: Richard Woodruff. He'll be followed by Mary Stamatinos. MR. WOODRUFF: Good evening. Richard Woodruff, for the record, WilsonMiller. First of all, I'd like to ask you to support the amendments as brought forward to the staff. It's quite unusual when you have the development community, the environmental community, and the regulatory community all in agreement on any proposal. What has aligned these forces is the fact that the marketplace has not worked. When we stood before you some two years ago when this was being considered for adoption, at that time I and others told you we thought the density was too low. We were concerned that one per five acres would not work. The market has shown it will not work. If you will recall, one of the premises of settling the final order was to come up with an innovative approach that would protect the environmental lands and would protect the premature -- almost said the premanure -- conversion of agricultural land. So I guess there's some truth both ways. COMMISSIONER COLETTA: Don't try this at seven. MR. WOODRUFF: Okay. The other point that I would like to remind you of is that in -- all that we do in regulation has defined reality in application through the market. We represent large-scale developers. And I can tell you, we have been on the search ever since Heritage Bay was approved by this commission. You said in that report we were going to be required to secure transfer of development right credits in order to develop our golf courses. I can tell you we have searched high and we have searched low. We have talked to everybody that has any significant number. We've talked to hundreds of people who only have one. N one of them will Page 258 January 25, 2005 sell them at less than $50,000 or $40,000 per unit, per TDR. That's what five acres is going for. In the development community, just as in the price of tomatoes, there comes a point where the sandwich is too expensive for the consumer. That's what we're faced with today. The amendments are in line with the original concept, and that was, this commission said that as you adopted the program, you would monitor it. DCA, as they reviewed it, they understood it would be monitored. All of us as participants understood it would be monitored. Believe me, the monitoring has been done not by simply sitting back. It's been done by going out and trying aggressively to buy property with no success. As recently as -- today is Tuesday. As recently as Wednesday of last week I talked to Stan about how many TDRs are on your registry. There were 18 on the registry. That means that people have said, I want to sell them. We contacted the owner of 14 of those TDRs, and their answer was, well, they're not actually for sale right now. You have to have reasonable numbers to divide into the purchase price, and that reasonable number conveys to what we can then sell a unit for in the marketplace. Today's number's too high, therefore, please support these amendments. Thank you. MS. FILSON: Mary Stamatinos. She will be followed by Emilio Baez. MS. STAMATINOS: Yes, Mr. Chairman, commissioners, good evening. My name is Mary Stamatinos and I reside at 4562 Eagle Key Circle, Naples. My husband, Gus, and I own five acres in North Belle Meade area, which were designated as a -- in a sending area in 2002, which we began purchasing and paying taxes on by agreement for deed in 1956, over 48 years ago. Page 259 January 25, 2005 We were doing this for the purpose of moving to the rural area of Collier County in our retirement, and we even bought fill and a trailer to begin building. However, when the landfill -- when the county moved the landfill out there, we decided it was too close to our land, about five city blocks away, so we changed our mind about building there. But I digress, because in the whole scheme of things, our plans and our five acres are not important. What is important is the Constitution of the United States with regard to property rights. So I went back and reviewed. The most important words are, quote, property to be taken for public use -- wait a minute, pardon me. I beg your pardon. The fifth amendment to the United States Constitution states in part that no person shall, quote, be deprived of life, liberty or property without due process of law nor shall private property be taken for public use without just compensation, end of quote. Have you commissioners really analyzed these words in connection with the TDR program? I am referring to the words, no person shall be deprived of life, liberty, or property without due process of law nor shall private property be taken for public use without just compensation, unquote. The most important words are property -- property taken for public use. This being the case, how would this be accomplished, that is the taking of property for public use? The taking of property for public use is accomplished through eminent domain, which, without going into detail, primarily allows government, that is federal, state, and municipal or whatever, to take property for public use by going to court, giving notice to the owner, and presenting its case, and the owner then has a chance to present his case, which raises the question, what is quote, taking of the property? Taking property for which just compensation must be paid does not always mean physical possession. Page 260 January 25, 2005 In the law of eminent domain, property is taken if it's value to the owner is diminished. This raises the question, by the county adopting the TDR program, which designated certain lands as being in a sending area, wasn't the value of the land immediately diminished? The answer is yes. That was like stigmatizing that land. I presume that the argument could be made that the granting of credits to the owner for selling his development rights is just compensation, however, what about the due process of law? In my case, as I understand it, the reason our five acres have been designated a sending area is because, allegedly, the red-cockaded woodpecker is using old pine trees, which are on our land, for its habitat. My question is, how does that translate into public use? CHAIRMAN COYLE: Ms.-- MS. ST AMA TINOS: I submit that this is literally a case for the birds. CHAIRMAN COYLE: Ms. Stamatinos, your time has expired. Could you wrap it up, please? I'm -- MS. STAMATINOS: You mean I've been here five minutes? CHAIRMAN COYLE: Yes, ma'am. MS. STAMATINOS: All right. Well, I just have a couple more sentences here. And the heck with the fifth amendment. And granting the -- that the state, the county, the environmentalists and maybe even the developers may mean well in trying to manage growth and protect the environment, however, it should be done legally and in accordance with the Constitution of the United States. So if certain lands are needed for public use or for the good of the public, then eminent domain should be used, and in that case each owner would have the place -- the time and his day in court. In closing, I would say -- I would like to say that with regard to the change to the TDR, inasmuch as the TDR has not been working, and any proposed changes will not make it legal, the request for the Page 261 January 25, 2005 changes should be refused. CHAIRMAN COYLE: Thank you very much, Ms. Stamatinos. MS. FILSON: The next speaker is Emilio Baez, Baez. It's B-A-E-Z. COMMISSIONER COLETTA: Is Emilio out in the hall, by any chance? Would you check, please. He's been waiting all day. I hate to have him miss the opportunity. MR. WOODRUFF: No, sir. MS. FILSON: And he'll be followed by Timothy Nance. COMMISSIONER COLETTA: Maybe he'll still show up. MR. NANCE: Mr. Chairman, Commissioners, thank you for letting me speak. My name is Tim Nance. I'm a member of the board of directors and an officer of the Fran J apani (phonetic) Ag. Community Civic Association, which is an association of small property owners that own small farms, greenhouse businesses, tree farms, groves, small ranches in the northern Belle Meade. We have members in our civic association that have receiving, neutral, and sending lands. My concern today is with really two things with some of the proposed amendments, but most importantly, the process. I don't think people are aware that the trans -- the development of the transfer of development rights process was to try to compensate people whose land was basically down-zoned for the public good, and I think a lot of that public good is self-evident. I don't think there's any argument. However, I think of all the groups who had issues with a rural fringe plan and who had goals, I think the property owners of the sending lands are the one people who have not had their goals and expectations met. I think the county and the state was able to get their planning processes done. I think the developers were able to get -- define which areas development was going to take place in, and I think the environmental people were unable to identify which lands were most Page 262 January 25, 2005 important and which lands should be conserved. However, to let these people get their monies back, I don't think the process has been effective. I think it's been effective in all cases except that. And rather than rush into amendments to the plan or changes in the plan before there's been a chance for those people to participate in open meetings in the sunshine, since they are the largest stakeholders that -- the benefits that we are incurring are borne on their backs, if they cannot receive just compensation for their land, they are the ones that bear the financial burdens and they should be able to participate. I don't think changes should be initiated by committees that are made up of groups dominated by developers and environmentalists, and I don't think they should propose rule changes that benefit them directly without having an opportunity for the commission, who is the only advocate -- you all are the only advocate for our property owners that bear the financial burden -- to reconsider this entire transfer of development rights program. If it is -- if it is identified as being broken, these people who are the stakeholders should have the courtesy to be told that they think it's broken and what the changes should be and why those changes should be made and what the potential downsides are. I don't think we need to start sticking Band-Aids on this process by meetings for which they are really even unaware. Most of these people are unaware this meeting is taking place, unaware that these changes are being proposed. I respectfully request, on behalf of my friends and neighbors, that you seriously consider the transfer of development rights program from the ground up if it is, indeed, broken, to figure out how these major stakeholders can be helped. I think the environmental community has been helped, and I think the developers are more -- are more than benefiting. But it's time that the focus be made on the landholders. Page 263 January 25, 2005 Thank you very much. CHAIRMAN COYLE: Thank you very much. COMMISSIONER COLETTA: Can I comment. I'm sorry. I really -- CHAIRMAN COYLE: I'd just like to get through these things. We need to have a break for the court reporter. How many more do we have? MS. FILSON: Emilio Baez. Ifhe's gone, he's -- he would be your last one. CHAIRMAN COYLE: And that's the last one? MS. FILSON: For this item. COMMISSIONER COLETTA: Just take-- CHAIRMAN COYLE: All right. Go ahead. COMMISSIONER COLETTA: I'll take just a moment. I'm sorry . Tim, you've got the same concerns I've had, and I've been trying to drag the people from the sending lands into this. Emilio was here -- Emilio was here earlier to make some comments. It's been very difficult, the lack of interest, but I agree with you. I think you're right. And I'll tell you what, this thing's coming back from the state in 60 days, and I'm going to ask this commission to seriously consider that shortly after that, if you're doing legal advertising and maybe writing letters to everybody in the rural fringe that's in the sending lands, that we have an evening meeting to discuss where we are with the program and what direction it's going, because we can still intercept this to change it to something that's going to meet the needs of everyone. And we'll see if we can get everybody to do it. MR. NANCE: Well, it may not be a legal requirement, but that's the process that's followed. COMMISSIONER COLETTA: Right. MR. NANCE: I mean, you all know the law and what needs to Page 264 January 25, 2005 happen. But this is -- this whole process of basically making these people go through the TDR program took many, many years and many public meetings to develop. I can't imagine that we're now going to turn around with a few proposals from people who benefit directly, without making absolutely certain that the goal is to get these people their value for their land. A lot of people have all -- all the money that they own tied up in this land. One individual, who is a good real estate friend of mine, told me the lowest price upland buildable lot in Golden Gate Estates in the MLS was listed for $80,000. Now, how can we go out and say that somebody can't afford to pay $50,000 for a development right to somebody on five acres? That's -- to me, is bizarre. How are we ever going to get these people their money back? COMMISSIONER COLETTA: They're not selling for $50,000. Nobody will sell a development right for $50,000 for five acres. They're crazy if they do. MR. NANCE: Well, then the marketplace is working, as far as I'm concerned. I mean, the developers are disappointed. I'm sorry for them. But at the same time, if you look in the public records at who's buying sending land, you'll find out it's everybody tied up through developers. And why? That's because it's the cheapest way for them to get TDR. COMMISSIONER COLETTA: Over 20 percent of the sending lands -- CHAIRMAN COYLE: Okay. We're taking a 10-minute break. COMMISSIONER COLETTA: I'm sorry. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN COYLE: Okay. Do we have all of the public comments? Page 265 January 25, 2005 MS. FILSON: We have Tom Taylor. CHAIRMAN COYLE: Mr. Taylor, did you register after we started hearing this item? MR. TAYLOR: I did. CHAIRMAN COYLE: It's-- MR. TAYLOR: Okay. CHAIRMAN COYLE: The rules are that you've got to register before we start hearing it. MR. TAYLOR: Okay. CHAIRMAN COYLE: Okay? Thank you very much. Stan, do you have anything more? MR. LITSINGER: Commissioner-- CHAIRMAN COYLE: We've got two commissioners who want to ask some questions, so I'd like to get to them. MR. LIT SINGER: Let's hear commissioners' questions. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. Stan, we're saying that we have a difficult time right now for the developers to acquire these TDRs. Can you be more explicit in why it's been difficult to acquire these TDRs? Is it because you don't have any willing sellers, or is it because of the price that they probably want to command for these TDRs? MR. LIT SINGER: There does not appear to be enough willing sellers at the prices that the development community is willing to offer when you look at the conversion of a TDR to dwelling units in a development scenario in the receiving lands, which is the reason that we are proposing through this bonus process to essentially increase the possibility from 2,000 to 8,000 units, not a multiple of eight. COMMISSIONER HALAS: And what is the willing price that the developer is willing to pay at this point in time? MR. LITSINGER: My crystal ball is not that good, Commissioner. We're not involved in the marketing process here at Page 266 January 25, 2005 the county. We act as the agent in the transactions and the severance and the recording of easements. COMMISSIONER HALAS: Well, we were involved in the process to try to determine where the support price for a TD R was going to be about a year ago, and I believe that we picked the support price of about $25,000. MR. LITSINGER: Yes. COMMISSIONER HALAS: And now I'm con -- now I'm wondering where this -- the price has risen to. MR. LITSINGER: The price that we legislated, essentially, that you put in your land development code last year was based on the incremental value of that transfer of development right of approximately $23,000, and I believe Dr. Nicholas arrived at in his analysis, and then we added transaction costs to arrive at a minimum protective sale price of $25,000 per TDR. COMMISSIONER HALAS: I understand -- MR. LITSINGER: Clearly that's not enough. COMMISSIONER HALAS: I understand that. But we're -- so are we still saying that we're only going to give $25,000 to one of these TDRs? MR. LITSINGER: No, sir. All we have done is identify in our land development code that there must be a demonstration in the event there is a sales, an arms length transaction -- when someone comes forth to sever the TDR, that the sale price or consideration given was a minimum of $25,000. That is not a maximum. That is a minimum. COMMISSIONER HALAS: So I assume what we're dealing here with is that the landowner realizes that the price of land has escalated, so, therefore, his TDR has gone up, and the problem is is that the TDR has gone up to a point where the developer doesn't want to buy that for that price; is that correct? MR. LITSINGER: Not for one unit, yes, sir, I think that's a correct analysis. Page 267 January 25,2005 COMMISSIONER HALAS: So how are -- how's the person going to -- the person that owns the land, how's he going to get his money back? Because if we have a four to one stock split, I would think that the value would go down. MR. LIT SINGER: I would assert that if -- if we generate the opportunity for the bonuses, then the price that would be extended to these property owners in order to sever their rights would be more generous on the part of the land developer in converting the number of units to make a viable economic return on a proposed development scenario in the receiving lands. MR. WOODRUFF: Could I give you some data? Just asking. CHAIRMAN COYLE: Just a moment, Richard. I have Commissioner Henning who's been waiting a long time to say something. COMMISSIONER HENNING: Is this a private amendment? And was this paid for by the private party? MR. LITSINGER: Yes, Commissioner Henning. The $18,700 application price was paid for by the petitioner. COMMISSIONER HENNING: Okay. I guess one of my concerns of this is 10 staff members in meetings, but I'll address that with the county manager later. I've got to remind the board that every day in the urban area, that we give density. Somebody asks for a PUD and we grant density. They don't have to pay for it. The positive thing about this -- and I was very skeptical up until recently -- is there's opportunities to reach our goal, and our goal is, is to -- and this is what the governor told us to do, is direct growth away from natural habitat. And our first go-round it didn't work because people didn't -- didn't want to sell. The incentive is, if you have the three additional ones, I feel that people are going to -- landowners out there are going to get more money than they were originally offered. And another benefit of it is, it's encouraging to create mitigation Page 268 January 25, 2005 on these lands. So the government has an opportunity to benefit in another way by maintaining these lands and getting mitigation credits and keeping these lands in perpetuity. I'm glad it was private amendment because if government was involved in the ideas of this, I would be very objection (sic) not to bring everybody at the table. Since it is a private amendment, I'm very much in favor of it and I'm ready to make a motion to transmit to DCA when the chairman is ready. CHAIRMAN COYLE: I'm ready. COMMISSIONER HENNING: I make a motion to transmit to DCA, and I'll wait for Commissioner Coletta's comments of anything that he wants to include into the motion. CHAIRMAN COYLE: And is there a second? COMMISSIONER FIALA: I'll second. CHAIRMAN COYLE: Okay. There's a second by Commissioner Fiala. Commissioner Coletta does want to make still another comment. COMMISSIONER COLETTA: Well, it's just confirming what I believe is self-evident, is that our $25,000 floor that we established, which at the time we thought was very generous, will now be $100,000 if we went for four credits. COMMISSIONER HENNING: It could. COMMISSIONER COLETTA: Yeah, it very well could be. And a $100,000 for five acres still falls short. But some of the smaller lots, it may carry some weight. It may. Who knows. COMMISSIONER HENNING: Well, you could buy five acres in Golden Gate Estates and have wetlands or other issues on it for less than that. COMMISSIONER COLETTA: Well, you might be able to, but it would be very difficult finding a buildable lot on a road for $100,000 for five acres. Everything I've seen so far anyways. But in any case, I'm going to leave it at that. Page 269 January 25, 2005 But I do want to add to the motion, or at least direction to staff, that we have a workshop that takes place sometime after we receive back the approval from the state, Department of Community Affairs, and the transmittal, and that that workshop be held here or at the Golden Gate Community Center, at some place to be able to accommodate a large crowd, which we mayor may not get, and that we send letters inviting everyone in the -- that holds record of land in the -- in the sending areas, and send it out in two languages to take care of those people that maybe speak Spanish, and at that meeting we deal with all the different entities and we have everybody there. We go through our minutes today to decipher some of the concerns that I said earlier, which I don't have to repeat them all over again, and be able to deal with them in an up-front manner with the owners of the land. And I don't think it's necessary to send this back to the task force. I think this is something that we can do internally. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Before I include that into my motion -- and I think it's a good idea. What would -- the anticipated cost of the mailing? MR. LIT SINGER: We have about 1,600 people on there, on our mailing list. We can draft a letter and -- COMMISSIONER HENNING: So $1,600? A buck-- MR. LITSINGER: Approximately, less than that, probably. COMMISSIONER HENNING: I'm going to include that into my motion, because I think that it would be great to inform the public of the goal and what the benefit to the landowner is, or try to explain it, and address any concerns that they have. COMMISSIONER FIALA: I'll include that in second. CHAIRMAN COYLE: Okay. And I -- I'll make one observation before I call for a vote on this. Is that as long as we try to discourage people from participating Page 270 January 25, 2005 in the program, they're not going to participate in the program. As long as there is the belief that the longer people hold out, the more we are going to increase the price for them, nobody will participate. This is speculation, and that's all it is. It is speculation. And I believe that when you take TDRs and you're willing to pay $25,000 for them and you can get $100,000 off of five acres of property and still retain the five acres of property for your own enjoyment, that's the best deal in the world. And I would love to have some of that property where I could totally recover my cost of acquisition and more and still retain the property for my enjoyment. I think that is the most wonderful deal in the world, and we're going to reach the point, if it doesn't work, where we're going to say, that's it. That's the best we can do. If you don't want to sell, then don't sell. You won't get any money, and the state will still control the land, because that's where it started in the first place. The state told us to stop the development in these areas, and that's what's going to happen. So we need to start encouraging people to participate in a reasonable program and providing enough financial incentive for them to do so and to stop trying to speculate on what the ultimate price is likely to be. And with that, I'm going to call for -- COMMISSIONER HALAS: Commissioner? CHAIRMAN COYLE: Yes. COMMISSIONER HALAS: I wonder if we could add one other thing to the motion, if it's acceptable, and that is, that we do this for a period of three years without coming back and addressing this, increase -- in other words, going through another scenario of, people realize that we mean business on this and that there's not going to be another change that's going to be incremental in the advancement of additional TDRs for -- we won't look at this for another three years. CHAIRMAN COYLE: I think that has a lot of merit, Commissioner. Page 271 January 25, 2005 How about the motion-maker? How do you feel, Commissioner Henning? COMMISSIONER HENNING: That's fine. CHAIRMAN COYLE: And Commissioner Fiala, your second? COMMISSIONER FIALA: Yeah. I'm just thinking, what if some kind of emergency or something, if it's not working again and we feel that the -- what do you do in case of an emergency? CHAIRMAN COYLE: I'll tell you, I think what Commissioner Halas is saying, we make our best shot at this and we try to do the best we can with making an attractive program. If it doesn't work, then it doesn't work, okay? And I'm willing to let the state -- COMMISSIONER HALAS: Yep. COMMISSIONER FIALA: You're willing to bite the bullet. CHAIRMAN COYLE: I'm willing to bite the bullet and say, we've done everything we can do for you to try to get value out of this property. We didn't start this process. We were told to do it. And we did what the state told us to do in a way that protects the interests of the property owners to the best of our ability. There is nothing more we can do -- COMMISSIONER FIALA: So I'll include it in my second. CHAIRMAN COYLE: If it doesn't work, it doesn't work, and we all go to court, and eminent domain will be exercised, I presume, by the state, and everybody will be tied up for years and years in court, and they won't be able to develop their property anyway. So, you know, take your choice. MS. CHUMBLER: And Commissioner Coyle, I was just going to say that, you know, you are the Board of County Commissioners. I think the policy, the statement that this is not going to be revisited again for a period of time is a very good policy statement, but if something totally unanticipated comes up that you consider an emergency situation, you, as the Board of County Commissioners, can alter that policy. Page 272 January 25, 2005 CHAIRMAN COYLE: Yeah, we can do that. Okay. Then I'm going to call the question. . MR. LITSINGER: Mr. Chairman, clarification on the motion. If we could include in the motion the inclusion of the modified language on the maintenance and restoration bonus that has been changed since the distribution of your notebooks that we distributed. CHAIRMAN COYLE: Yep. COMMISSIONER HALAS: In perpetuity is for how long? MR. LITSINGER: In perpetuity is not language that's used. It would identify relative to the necessary restorations and maintenance associated with a particular property that all will be variable and would be identified. COMMISSIONER HALAS: Is there a time limit? MR. LITSINGER: A time limit would be identified in each individual restoration and maintenance plan associated with the needs of each property. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Okay. All in favor, please signify by saYIng aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: And all opposed, by like sign. Okay. It passes unanimously. MR. WOODRUFF: Thank you. MR. MUDD: Commissioner, that brings us to our next amendment, and that's petition number five, and it's CP-2004-5, petition requesting an amendment to the future land use element and future land use map to create a new Davis Boulevard/County Barn Road mixed-use neighborhood subdistrict, to allow mixed residential Page 273 January 25.2005 . and commercial development similar to the residential mixed-use neighborhood subdistrict for 22.8 acres located at the southeast COIner of Davis Boulevard and County Barn Road in Section 8, Township 20 south, Range 26 east, South Naples Planning Con1ll1unity. Sir, state your name for the record. MR. MURRAY: I'm Don Murray. I'm with Coastal Engineering Consultants. And I'd like to introduce my client, Mr. Berry Goldmeyer, the owner of the property, and Tammy Lyday (phonetic), our environmental consultant with -- from Earth Balance. I'll keep this short. This is a pretty straightfof\vard request for the Davis Boulevard/County Barn Road mixed-use subdistrict. What the intent of this is trying to do is to incorporate mixed-use and traditional neighborhood concepts as promoted by the county's community character plan and also to limit the dependency upon the automobile. There is a small commercial component in this of five acres of the total 22.8 acres. The commercial component will be more or less mixed residential, retail, and comn1ercial uses and offices -- office uses within that commercial component. The project that will come out of it will probably be through a PUD process. The commercial component will be right here in this corner of the property. The rest of it will mostly be the traditional neighborhood design with grid streets, service roads. The parking will be in the rear of the homes, probably a town home concept, maybe some apartments. The access to the property will be shared access to the south onto County Barn Road and also from the north onto the Davis Boulevard. There will be no direct access to any commercial component. The emphasis, as I said before, will be towards pedestrian orientation. The concept is to limit the development to a human scale. There will be plazas, parks, lakes, community center. There will be paths, hiking trails, hopefully, through some of the preserve areas that are being acquired. Page 274 January 25, 2005 There will be access to pedestrian ways that will connect the commercial component as well as residential near the major intersections and along County Barn. This gives access to the adjoining developments. There are condos to the west. We have the Glen Eagle development to the north. There's a school which wraps around, it's Seagate school property, along the east and also to the south. And it's a good project, or a good, I should say subdistrict. It's very similar to the traditional neighborhood design district that was also amended to be now called the residential mixed-use neighborhood subdistrict. All I can say about it is it's compatible with the surrounding development, and we'd like your vote for it. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Is this mixed residential also? MR. MURRAY: Yes. COMMISSIONER HENNING: So you'll have affordable housing and workforce housing? MR. MURRAY: No. There's -- as far as -- there's no affordable housing. When you said mixed, there will be apartments, town homes, and that sort of -- COMMISSIONER HENNING: So it's just a mixed-used commercial -- MR. MURRAY: Yes. COMMISSIONER HENNING: -- residential. It's not mixed-use residential then? MR. MURRAY: Right. COMMISSIONER HENNING: The -- I know there's concerns from the school. Is -- as far as access from the school to this project. Have you spoken to the school on that? MR. MURRAY: There had been conversations with the school. The area that there could be any access would also have to go through the preservation area. The best parts of the property are actually along Page 275 January 25. 2005 the perimeter, and there are some wetlands, and those will be preserved. We have no problem with providing access, pedestrian access or anything like that with the adjoining development as long as it's feasible. COlVIMISSIONER HENNING: So you really haven't had a conversations with the school? MR. MURRAY: Actually, there has been a number of conversation, Mr. Goldmeyer. COMMISSIONER HENNING: Is it they want to connect or they don't want to connect? I guess that's my question. MR. MURRAY: Did they want to? MR. GOLDMEYER: No. MR. MURRAY: They did not want to connect. COMMISSIONER HENNING: That's a concern of mine, but that sounds like a good proj ect, so I'm going to make a motion to transmi t. CHAIRMAN COYLE: Second. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. There's a second by Commissioner Fiala. Any questions? Comments by commissioners? Okay. Commissioner Coletta? COMMISSIONER COLETTA: I thought we were heading towards the direction of when we do something like this we were going to try to have an affordable element to the whole part. I'm a little bit lost in where we're going. COMMISSIONER HENNING: The mixed-use commercial subdistrict doesn't have a -- doesn't require to have affordable housing in it. COMMISSIONER COLETTA: Well, neither do PUDs, and \ve still require that. COMMISSIONER HENNING: Well, maybe we ought to amend Page 276 January 25, 2005 the motion then. COMMISSIONER COLETTA: Well, I'm not going to vote for it. COMMISSIONER FIALA: Well, how many residential units were you planning to build in here? MR. MURRAY: We originally proposed a maximum, I believe, of 283. That included about a -- well, it varies. They will be distributed through the site, there will be town homes probably in this area over here, and then in the commercial component, we were asking for four-story type development where we could have apartments above those units with commercial and retail below and possibly some parking. CHAIRMAN COYLE: That's 238 units on 22 acres? MR. MURRAY: Two hundred and, I believe it's 83 is what we originally proposed. CHAIRMAN COYLE: So you're talking about what, 12 or 14 units per acre? MR. MURRAY: It's -- well, we had a base density of, I believe, four units per acre, and we proposed up to, I think, 11, isn't that -- it's been a long day. CHAIRMAN COYLE: So you're looking to go from four units per acre to 11 units per acre? COMMISSIONER FIALA: It says here a minimum of71 residential units shall be developed in the subdistrict. MR. MURRAY: In the -- the way staff has -- and I want to thank them. They worked really hard to assist us in crafting this. The way they broke down the subdistrict, they wanted it separated with commercial component, residential component, and then the general criteria. Within the residential component, that would not include the commercial component up here. There would be a minimum of 71. And as we said, the way you calculate -- staff report, the way you Page 277 January 25.2005 calculate the density, there would be some density that could be calculated using the commercial as well as the residential. But I'm going to let staff explain that. They can do it a little better. MR. HEATH: For the record, Glenn Heath, \vith comprehensive planning staff. First off I want to say that the -- as staff reviewed this, we felt that the -- looking strictly at the density rating system, that the number of units that could be derived on this project \vas somewhat less than what the petitioner had submitted. So we were asking as part of our modification that this be according to the density rating system and not the numbers that are -- that the petitioner has asked for. It's -- it's less. It's actually much less than what they're asking for, but we feel they would still get a return. And the other thing I wanted to request or say is that we are recommending the language as modified by staff and the planning commission at their meeting and not the language that was originally submitted by the petitioner. CHAIRMAN COYLE: Well, how about summarizing for us the total density that we're talking about. MR. MURRAY: I want to correct myself. I may have said 283. It's 238; 238 units. CHAIRMAN COYLE: Two thirty-eight. MR. MURRAY: So let me correct myself. It's a long day. CHAIRMAN COYLE: That's still about -- that's 11 units per acre. COMMISSIONER FIALA: It says here four d\velling units per MR. MURRAY: That's the base density. The site is located within the urban designated, urban residential subdistrict, and it's also \vithin the density band of the activity center number six, which is at Santa Barbara Boulevard. COMMISSIONER HALAS: Oh, no. MR. MURRAY: So it would qualify. Page 278 '- January 25,2005 COMMISSIONER HENNING: I'm going to modify my motion. CHAIRMAN COYLE: Okay. We've got a couple of cOmn1ents, but since you're the motion-maker, you said you wanted to -- COMMISSIONER HENNING: Yeah, I -- and I guess we need to clarify. It's the base density of four units per acre, and then they can ask for an additional density bonus? MR. HEATH: They are conceivably subject to the density bonus that comes from being close to the activity center at Santa Barbara and Davis, and that would give them an additional three units per acre in the residential portion of the proj ect if they were found to qualify for that. So they could have as mu~h as seven units per acre in the -- strictly in the residential and -- as a max, and then possibly as much as four units for acre in the -- as part of the commercial project, because they can have units there as well. COMMISSIONER HENNING: But that's not a given. When this comes back, is this a given that they can get that density? MR. HEATH: No, no. That's up to you folks. COMMISSIONER HENNING: It's the same thing as the density band, they can ask for it, but it doesn't necessarily mean they're going to receive it? MR. HEATH: That's correct. COMMISSIONER HENNING: Okay. The -- I would hope that we can get some affordable housing, workforce housing, in this. And in fact, I'm going to make it -- incorporate it into my motion, if you're coming back with that much density, you must have at least 10 percent affordable housing and 10 percent workforce housing, included into -- and that would -- and that would be above -- any density you ask above and beyond the base density for the urban area. MR. MURRAY: For any density above the base? COMMISSIONER HENNING: Above the base, yes, that you have 10 percent of affordable and 10 percent of workforce. And that's Page 279 January 25,2005 really the concept of the mixed-use, is try to get the people that work within the shops that live there. MR. MURRAY: Yes, sir. It's providing, hopefully, enough access to services and also to retail services and office job places that SOllIe of the residents could work there, live there, not even leave. COMMISSIONER HENNING: Right, correct. CHAIRMAN COYLE: Is this -- this change, is this essential for the transmittal or is this guidance for when the petitioner comes back? COMMISSIONER HENNING: It's -- I think I'm going to incorporate it into the transmittal, anything above base density of four units, that a requirement of 10 units (sic) of affordable and then 10 units (sic) of workforce be included in it. COMMISSIONER COLETTA: Ten, or 10 percent? CHAIRMAN COYLE: Ten percent. COMMISSIONER HENNING: Ten percent, I'm sorry. CHAIRMAN COYLE: Okay. And the seconder? COMMISSIONER FIALA: Well, I'm still -- I think -- you know, a long time ago when they were talking inclusionary, which this, of course, what you're doing here is inclusionary, we were talking 15 percent. I don't know that -- is 20 percent a fair amount? COMMISSIONER HENNING: Well, actually you're talking -- COMMISSIONER HALAS: Ten percent of -- COMMISSIONER HENNING: Yeah. But when you talk about affordable housing, you need to get together with Cormac to understand this. COMMISSIONER FIALA: I know. And-- COMMISSIONER HENNING: The affordable housing, the price points on workforce housing is quite high. COMMISSIONER FIALA: Yes, it is. And it can be incorporated right into it. I just watched what Phil McCabe did and there's a couple other guys on Bayshore doing the same thing, where they take it and they start at $100,000, same building, same Page 280 January 25, 2005 everything, same gated community, and they go up to 265, and they just have that put in there beautifully. So everybody kind of fits in together, so they have that all incorporated. I was questioning the 20 percent. I wonder if 15 percent would be good, but -- COMMISSIONER HENNING: Fifteen percent of workforce and 15 percent affordable housing? COMMISSIONER FIALA: Oh, no, no, no. I was going to say 10 and five. I'm just trying to think of what's fair. COMMISSIONER HENNING: Well, let's have an auction. COMMISSIONER FIALA: Well, what does Glen have to say? MR. HEATH: I've just been advised by Ms. Student that -- or she -- that there is a -- or she jogged my memory that if they are doing affordable housing, then they're entitled to another density bonus, or they can ask for another density bonus of another eight units per acre. So we're getting back up there unless they agree to waive that. CHAIRMAN COYLE: Hey, how about units per acre; is that okay? COMMISSIONER COLETTA: Well, that means it's got to be 48 stories high. CHAIRMAN COYLE: That's all right, that's all right. Commissioner Henning, are you finished? I think we've got your modified motion. And how about you-- COMMISSIONER FIALA: I'm -- I'll include that in my second. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: I'm absolutely pleased. I have nothing left to say. CHAIRMAN COYLE: You can't be nearly as pleased as I am. How about Commissioner Halas? COMMISSIONER HALAS: Pull me off the list. CHAIRMAN COYLE: Okay. You're off the list. Page 281 January 25. 2005 Commissioner Henning, do you have anything else to say, or is that it? COMMISSIONER HENNING: Do you agree to that? MR. MURRAY: Yes, sir. MR. GOLDMEYER: Yes, sir. MR. MURRAY : Yes, we -- I'll restate that. They're asking for anything, when we come back, above the four units per acre base density to be 10 percent affordable and 10 percent workforce house. MR. GOLDMEYER: Was it 15 percent or 20 percent? COMMISSIONER FIALA: No, it was 10 and 10. MR. GOLDMEYER: Can we address that when we come back? COMMISSIONER HENNING: For the rezone? MR. GOLDMEYER: I don't understand what that means. CHAIRMAN COYLE: You're going to have to get on the microphone so we can get a record of your comments, please. And please state your name. MR. GOLDMEYER: I apologize. Barry Goldmeyer, 1000 Mariner Drive, Key Biscayne, Florida. CHAIRMAN COYLE: Thank you. MR. GOLDMEYER: And we have no objection to doing affordable housing in general. I've met with Commissioner Coletta and Commissioner Fiala in the past about affordable housing projects that we've done. And, you know, we do high-end and we do affordable. But all I'm asking is that before the -- rather than transmitting it up with the requirement, that we deal with that when it comes back for approval so I have a chance to understand what I'ITI committing to before I commit to it. CHAIRMAN COYLE: And from a legal standpoint, David, can the guidance provided by the commissioners today be enforced when the petitioner comes back after this goes to the DCA? MR. WEIGEL: Well, when you say enforced, that means can Page 282 January 25,2005 you come back and say, this is what we intended at that time and we still intend to -- CHAIRMAN COYLE: Yes, MR. WEIGEL: -- see to it to be realized, and I think that the answer IS yes. CHAIRMAN COYLE: Okay. Is that okay, Commissioner Henning? COMMISSIONER HENNING: Well, yeah, that's okay. But I just want to tell you that above your base density, it's 143 units. MR. GOLDMEYER: Yes, sir. COMMISSIONER HENNING: Ten percent of that, or 14 units, has to be affordable and 10 percent has to be workforce. MR. GOLDMEYER: In general, because we also do affordable housing, I have no objection to doing affordable housing. We do that. You know, my question is, because we are going to be coming to you in the future with at least one and maybe two 100 percent affordable housing proj ects, the question would be, could I transfer that obligation to one of my 100 percent affordable housing projects as well ? COMMISSIONER HENNING: Well, that's more of the rezone type question. The-- MR. GOLDMEYER: And we've had conversations with the school whose -- who have requested that we provide units which are in the price range, either rental-wise or sales-wise, that would be able to -- enable them to hire teachers at beginning salaries. And, you know COMMISSIONER FIALA: That's exactly the purpose of workforce housing. MR. GOLDMEYER: Exactly. And so our intention is there, but I'm just reluctant to commit to something that I don't .know what I'm committing to unless we have the chance to understand that better. COMMISSIONER HENNING: Shall I analyze it? I guess I need Page 283 January 25~ 2005 some guidance from our legal department. MR. WEIGEL: May I? Thank you. Ms. Student may speak as well. But you have before you a particular project for transmittal, and you can make your detenninations in regard to this one, but when it turns into kind of a contractual nature relating this one to another proj ect that hasn't come forward yet, I have some concerns. So I believe that you can express your desire putting the petitioner on notice of what you'll be looking for when it comes back, and it doesn't create a problem because the transmittal is the transmittal and it still goes forward. But everyone knows essentially what you're looking for when it comes back. And if there are variations on that theme when it comes back on this proj ect, not some other one, unnamed or yet to come down the pike, you can make those changes if you find it appropriate to do so. COMMISSIONER HENNING: So your recommendation to us is just to transmit as written and adopt it by the planning commission MR. WEIGEL: No. I think -- COMMISSIONER HENNING: -- with a footnote MR. WEIGEL: I think that your motion works fine -- COMMISSIONER HENNING: Okay. MR. WEIGEL: -- because it carries the freight of transmittal, which is the main thing that this is here for, but at the same time, has indicated an intention or a policy review specific to this -- specific to this growth management plan amendment that will be implemented at least to some extent when it comes back. COMMISSIONER HENNING: Okay. All right. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: I want to commend Commissioner Henning and Commissioner Fiala for bringing this around to where we are right now. I think this is absolutely excellent. Page 284 January 25,2005 because we really don't need any more developments. What we need is something that's going to serve the public good. It's got to have more justifications than just building something. It's got to -- it's got to serve purposes, and I think this is the direction we're going. And the element that you've got in there now, I think, is absolutely perfect -- COMMISSIONER HENNING: Well, let's vote on it. COMMISSIONER COLETTA: -- I think they can afford it. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Okay. So we're going to transmit that up with four units per acre; is that correct? CHAIRMAN COYLE: No. COMMISSIONER HENNING: No. The motion on the floor is to transmit -- COMMISSIONER HALAS: Okay. COMMISSIONER HENNING: -- and must have 10 percent affordable housing and 10 percent workforce housing above -- if they're asking for more than four units per acre, they've got to provide that. COMMISSIONER HALAS: Is there a cap on what they're going to ask for as far as density? COMMISSIONER HENNING: Well, Commissioner, it's just like the issue of in the density band. COMMISSIONER HALAS: Yep. COMMISSIONER HENNING: It's not something -- I mean, you can have a bad day and say, well, I just don't feel like giving that to you. I mean, it's not something -- COMMISSIONER HALAS: In other words, it's not an entitlement. COMMISSIONER HENNING: It's not an entitlement. COMMISSIONER HALAS: Okay. All right. Just so long as we understand it's not an entitlement. Page 285 January 25, 2005 COMMISSIONER FIALA: And I'm going to just make a little comment. Yeah, thank you, Commissioner Coletta, for saying that, except I really needed your help when we were trying to approve a 1,350-unit PUD out in your area, the Orangetree thing, and I just asked -- I pleaded with you to please help us get some affording housing, workforce housing in there, and I got a flat out no. So I just want to mention that I'm glad to see you're onboard finally. COMMISSIONER COLETTA: For the record, we've got four and a half million dollars out of concessions out of the poor man, and I was willing to give some of that back to be able to build affordable housing. There was just so much we could take. CHAIRMAN COYLE: Okay. We're going to vote on this item. All in -- we'll close the public hearing. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: And I think it is unanimous. MR. GOLD MEYER: Thank you very much. MR. MUDD: Commissioner, that brings us to the sixth petition, which is number CPSP-2004-7. Petition requesting amendments to the future land use element and future land use map and map series, Golden Gate area master plan element, text and future land use map, capital improvement element, and the potable water and sanitary sewer subelements of the public facilities elements to include: Number one, potable water and sanitary sewer subelement to deleted the figure depicting the Mirasol PUD service area and all references to it and the appropriate policies; Number two, capital improvement element, A, correct and Page 286 January 25,2005 modify applicable policy references to figures depicting the water and sewer servIce areas; Number three, Golden Gate area -- I'm doing your presentation for you, by the way. MR. WEEKS: I appreciate that. MR. MUDD: Golden Gate area master plan -- CHAIRMAN COYLE: Is it necessary that we read all these? MR. MUDD: No. We can just -- CHAIRMAN COYLE: We've read them, we've got them in front of us. MR. MUDD: Okay. CHAIRMAN COYLE: I think we'll just ask questions if we have any. Anybody have any questions? COMMISSIONER COLETTA: Yes. CHAIRMAN COYLE: Commissioner Coletta, ask a question. COMMISSIONER COLETTA: Is there anything in here that's different than what we understood before as far as forcing people that live in the rural areas or the Estates hook up to it? I'm talking about existing homes that are out there. MR. WEEKS: No, sir. There hasn't. COMMISSIONER COLETTA: Okay. MR. WEEKS: The changes to water and sewer -- COMMISSIONER COLETTA: The only question I had. Other than that, I thought everything was fine. CHAIRMAN COYLE: Okay. Any other questions? COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: We have -- we have two public speakers. If you'd like to hold off on your motion until after we get the public speakers, I would appreciate it. MS. FILSON: Dick Spangler. Mr. Spangler? Page 287 January 25,2005 CHAIRMAN COYLE: Not here. MS. FILSON: Ken Sutter? CHAIRMAN COYLE: Not here. MS. FILSON: No speakers. CHAIRMAN COYLE: Okay. We'll close the public hearing. Commission Henning has a motion. COMMISSIONER HENNING: To approve. COMMISSIONER FIALA: And I did the second. CHAIRMAN COYLE: And a second. Okay. Any discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It is unanimous. MR. WEEKS: Thank you, Mr. Chairman, for the work on all of these amendments. And just a reminder again, we'd appreciate it if you leave your binders in your offices, and we'll pick them up tomorrow. COMMISSIONER HENNING: I'll leave mine here. COMMISSIONER FIALA: Or right here. COMMISSIONER HALAS: Right here. MR. WEEKS: We're not prepared to carry that volume. If you could leave them in here, that's fine. We'll pick them up here. COMMISSIONER FIALA: We'd like to see you try though. CHAIRMAN COYLE: We're not prepared to carry them back to our offices. MR. WEEKS: We'll get them here. Thank you. Page 288 January 25, 2005 CHAIRMAN COYLE: Okay. Thank you. Yeah. The next item is E. Item #10E UPDATE AND RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS IN RESPONSE TO THE PUBLIC PETITION PRESENTED AT THE DECEMBER 14,2004, BCC MEETING BY MR. ROBERT FRANCE REGARDING AN EXISTING CODE VIOLATION AND A POTENTIAL SOLUTION INVOL VING A LOT LINE ADJUSTMENT AND PARCEL TH MR. MUDD: That should bring us to 10E. This item was continued from the January 11 th, 2005, BCC meeting, staffupdate and recommendation to the Board of County Commissioners in response to the public petition presented at the December 14th, 2004, BCC meeting by Mr. Robert France regarding an existing code violation and a potential solution involving a lot line adjustment and parcel exchange at 3681 4th Avenue Northeast, and Tom Wides from the Public Utilities division will present. CHAIRMAN COYLE: Okay. Now we have heard this before and we understand what it's all about. Do we have a solution? MR. WIDES: Yes, Commissioner, we do. I know it's been a long day. Again, Tom Wides, for the record, Operations Director for Public Utilities. I know it's been a long day. I would ask for your forbearance for a few minutes so we can get a few items on the record. We've had kind of a marathon session over the last 24 hours trying to get this in place, and I'd like to get it on the record. We will try. to be as brief as possible. CHAIRMAN COYLE: Yeah, thank you, Tom. Page 289 January 25~ 2005 MR. WIDES: Thank you. Okay. Just -- first off, this is a 200 by 200 foot property that the county owns, and there was an encroachment by the France property, and those four Xs recognize a barn that is partly on our county property. So what we tried to do is work with the landowner to come up with another option to bring this to resolution. As you remember from his petition, he asked us to -- you've asked us to go back and work with him, which we have done. And as of right now, today, what we've worked out with him is we've actually said the original lot line was running along here, which was running right through the -- almost the middle of his barn. We have now worked out with him at this point that he will grant us this area here, running along this darker black line, which will, we believe, will be satisfactory for us to take this area here, have an easement or an access all the way up in through this area, and our well placement locations would be still in here, which we believe will not infringe upon our needs. Now, we have not had a chance to verify with our water consultants today, our water wells consultants, to make sure this alignment would work. We've asked Mr. France, that if, in fact, we can make this work, that he would stipulate that we would have no further negotiations today. Again, it is very much subject to this well alignment being a workable alignment, and has already agreed in a previous board meeting to, in fact, pay for the cost of the surveys, et cetera, which we approximate at about $9,100 right now. Now, there are also code violations outstanding that we've asked the -- asked the code enforcement department to, in fact, take in front of their board to see if they can be waived. That is one part that we're trying to work with him on. However, there's another $800 that cannot be waived. Those were actual operating costs. He is aware of all these costs at this point Page 290 January 25, 2005 in time. I have asked Mr. France, and he is not here any longer, however, his attorney is willing to stipulate that he agrees to these factors. And if that -- if we can get that on record, that's all we want to do here. CHAIRMAN COYLE: Okay. But are you asking us for some kind of a decision based upon facts that have not yet been verified? MR. WIDES: All we're asking for at this point is we want to get this on the record, and we just want your approval to continue to move forward to a final resolution, which we will bring back to you one more time. So it's, number one, get this on the board, get this on the record, and then bring back final resolution to you at another board meeting. CHAIRMAN COYLE: Okay. Can we get the attorney to get his interpretation of this settlement on the record? MR. ZAMPOGNA: Good evening, Commissioners. My name is Carlos Zampogna, Woodward, Pires, Lombardo, I represent Mr. France. First off I'd like to thank you for the opportunity to work with county staff to come up with a viable solution to our -- to Mr. France's code enforcement problem and bring our property into compliance. I apologize for the last-minute change to our proposal. But, yes, we do understand that this is what we're going to do. This is the county parcel here. The county will donate this area in here. We will also grant -- Mr. France will also grant drainage and utility ingress ag -- ingress and access to his property through this area in here, and we will also, since Mr. France owns this area in here, we will also donate this to the county. We do accept the agreement as proposed today . We also would like to also ask that if and when the county does build wells on this, that they will comply with land development code with respect to buffering issues, and also the recommendation to code enforcement board that fees, which have been accruing since December 22nd, Page 291 January 25,2005 2004, since we have been working with the county, perhaps a recommendation could be made that they waive those fees. Thank you. CHAIRMAN COYLE: Thank you. Commissioner Coletta? COMMISSIONER COLETTA: Actually Commissioner Halas beat me to the button. CHAIRMAN COYLE: He did? COMMISSIONER COLETTA: I'll follow him. COMMISSIONER HALAS: Tom, a question I have is, I think presently the City of Naples has a well out in this area; is that correct? MR. WIDES: I believe there is a well out in that area, yes. COMMISSIONER HALAS: And why do you have concerns that the property that's being deeded to us may not be suitable for wells? MR. WIDES: It's not a question of suitability. It's a -- simply a question making sure that we have enough geographic still to get those well in there without infringing of any other well placements. So we don't see any problem, but we just want to make sure that we don't walk away from this and find out that we don't have space either to landscape around it or literally to have enough room for two well sites COMMISSIONER HALAS: Okay. We're not in direct competition with the City of Naples and their source of water then, are we, or not? MR. WIDES: I don't believe we have any reason to believe that we're in competition with them. COMMISSIONER HALAS: Okay, thank you. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. First I want to compliment staff for working with this for the interest of a citizen to try to bring resolution to this. And I'd like to make the motion that we direct staff to go forward with this to come back with a final draft of what's going to work for Page 292 January 25, 2005 everyone. COMMISSIONER HALAS: I'll second that. CHAIRMAN COYLE: Okay. There's a motion by Commissioner Coletta for approval, second by Commissioner Halas. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It's unanimous. MR. WIDES: Commissioners, thank you for your patience. CHAIRMAN COYLE: Okay. We go now to- Item #10F RECOMMENDATION TO APPROVE 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 - APPROVED, AND TO WORK ON PROGRAM ELIGIBILITY REQUIREMENTS Page 293 January 25,2005 MR. MUDD: 10F, and that used to be 16A6 and that is a recommendation to approve. the application for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program, and the Fee Payment Assistant Program by Guadalupe Center, Inc., 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 all impact fees in full at the issuance of the building permit through the fee payment assistance deferral agreement, and Mr. Joe Schmitt will present, but this was brought from the consent agenda to the regular agenda at Commissioner Henning's request. MR. SCHMITT: Good evening, Commissioners. Again, for the record, Joe Schmitt, administrator of community development/environmental services division. I won't reread what Jim just said, but this actually was heard by the board on December 14th. It was debated at the board. It is a non-profit organization. You debated that extensively, but the guidance that was given to the staffwas to come back and define the structure of the 22 jobs, which we did in the executive summary. Average wage is $18,042. And based on that guidance and based on what we put in the executive summary, we completed the executive summary and enclosed it. I think there was -- we, as staff, probably did not get very clear guidance in regards how to deal with these 50 -- well, the 501 C-3 organizations. We did get instructions from Mr. Mudd to come back and eventually amend the ordinance, the economic incentives ordinance, to clarify that. But in the meantime, what we did is we put this executive summary together based on the guidance that we got from the board in regards to clarifying simply what we received was the issue in regards Page 294 January 25, 2005 to the average wages. . With me is Lois Ashton from EDC, and my staff, Amy Patterson and Denny Baker, to discuss any specifics in regards to the program, or how you want us to deal with these. CHAIRMAN COYLE: Commissioner Henning has a question. COMMISSIONER HENNING: Well, the last time it was up, it was a request for the broadband infrastructure, and it was denied 4-1. It wasn't approved, and a lot of the discussion was, not- for-profits do not pay property taxes. And the whole emphasis of the program is, the taxpayers be paid back by the property taxes, and in this case it would be the eRA also. But again, this property doesn't pay property taxes, so there's no increments there. MR. SCHMITT: That's correct. COMMISSIONER HENNING: And I believe that we're just opening up a can of worms on 501 C-3s of a -- providing an incentive basis on the basis that we thought that we were going to get paid back, and -- MR. SCHMITT: If I could just clarify. And not to debate this, but certainly it's the board's policy, the economic incentives when they were brought to this board, we never even addressed, of course, the 501C-3 or the -- any of those type of programs. The issue really is that there are 22 jobs being created. And I ask the board not to overlook that fact that there are 22 jobs. Yes, it is a nonprofit organization, but barring any guidance or any directive in the current and existing ordinance, we're compelled to bring it to you, and if you want to provide further guidance, we'll either consider that -- we can consider that guidance, we can come back and amend our economic incentives, with -- we're at your lead. CHAIRMAN COYLE: The job creation credit is a different issue than what Commissioner Henning was referring to. MR. SCHMITT: Okay. Page 295 January 25,2005 CHAIRMAN COYLE: He's talking about broadband and the fee assistance program, fee payment assistance program that would not be paid back out of property taxes because there gre no property taxes being paid. MR. SCHMITT: That's correct. CHAIRMAN COYLE: And that's why we created the program, so it would be self-sustaining, and that will not work in this particular case. I have no problem with dealing with the job credit because the jobs are real, the salaries are real, the people are investing money in the community as a result of the higher salaries, and they will have a higher standard of living themselves, so that's a very, very real contribution, and I can understand participation from the job standpoint. I'm not sure that I can support the broadband and the fee payment assistance program grant, however, because that really is nothing more than a subsidy coming straight out of the general fund. So we have four people who are -- who have registered to speak, correct? MS. FILSON: Yes, sir. CHAIRMAN COYLE: I would ask that if -- if you're -- is there one spokesman for the group that can deal with this issue or __ MS. FILSON: I don't think they're all here. CHAIRMAN COYLE: Oh, they're not all here. Okay. Let's start MS. FILSON: But I'll call their names. Stanley Boynton. He was going to be followed by Tammie Nemecek, and I don't believe she's here. CHAIRMAN COYLE: Okay. MS. FILSON: Lois Ashton. He's here? CHAIRMAN COYLE: She is. MS. ASHTON: I'm here. Page 296 January 25, 2005 MS. FILSON: Oh, I'm. sorry, Lois. It's getting late. And Melinda Riddle. CHAIRMAN COYLE: Okay. All right. Please. MR. BOYNTON: Thank you for the opportunity. My name is Stan Boynton. I'm the president of the Guadalupe Center. It's a pleasure to be here. I got here at nine o'clock in the morning to make sure that I was here when you considered my measure. If I've learned one thing today, it's the members of the county commission certainly earn your salary. I congratulate you all. And I hope that I am the last measure -- or we are the last measure on your agenda today. CHAIRMAN COYLE: No, you're not the last one. MR. BOYNTON: Well, you have put in your hours today, ladies and gentlemen. This measure that we're considering addresses the means to strengthen the economy of eastern Collier County and an economy that, to a large degree, is a nonprofit economy. The Guadalupe Center oflmmokalee has an annual income of $2.2 million this year, all of which, I might say, is privately raised. It's not publicly funded in any degree other than a small subsidiary that we receive in our child care center by the state. That's about 20 percent of the cost of the pre-school program. The rest of that money we raise ourselves from individual donors. On top of that, we are engaged in a fundraising effort for an expansion of our program, which led us to this particular measure. And the construction cost will be $5 million, which we are also raising privately. And all of those funds will be invested in the community. And as pointed out, this expansion will create specifically 22 new jobs, but I'd like to point out to the members of the commission that in our pre-school program, we have 107 children enrolled, we require all the parents to be working parents or we make one exception, you can be studying full time. Because we can accommodate no more children and we have 100 Page 297 January 25, 2005 children's names on the waiting list, we're engaged in this expansion. That means another 102 children will be able to attend a year from now, which means, conceivably, that 204 more adults are working because of the service that we're providing. The real gain is not so much the 22 jobs that we create by employing people, but it's the hundreds of people that are allowed to work because of the childcare service, the pre-school services we provide. The proj ect meets the terms of eligibility of grant. I have told the members of our staff -- we have 68 staff members. We have 18 trustees who come from Immokalee, Marco, Naples and Bonita Springs and I have told the 214 -- it said stop. I'm done? CHAIRMAN COYLE: That said stop. No, you can finish up if you'd like, just -- MR. BOYNTON: I only have a couple more points. CHAIRMAN COYLE: Okay. MR. BOYNTON: -- that the county commission was supporting us in this effort. It's an effort that we have engaged in as an organization, and I'm wondering when I go back what do I tell them, if this measure is denied, because this is a struggle for us. We feel we're making a significant contribution to the community, to the economy of Immokalee, which desperately needs it. Last, the expansion fulfills the spirit of the law, strengthening the economy of that region, and increasing the stability of the region, stable jobs, both directly and indirectly, home ownership, better students. Commissioner Coletta will recall that you and I met last week at a ground breaking ceremony for the Elogoral Place (phonetic) in Immokalee. And there was a statement by a future homeowner by the name of Barrita Jimez (phonetic), and she became very emotional in her statement to you and the other members -- other people in attendance, because it was the first time she was able to get a home. Page 298 January 25, 2005 And that young lady works for the Guadalupe Center. That's exactly what we're trying to achieve. We're trying to achieve good employment, homeownership, a stable community, and we would like to invite the commission to support us in that effort. In summary, do you want to create jobs in Immokalee? I think you do. We certainly do. Do you want to change the rules retroactively? I don't think you do. We applied for this grant, we were considered to be eligible for these grants, and we have announced publicly in Immokalee that we are receiving these grants. It will be embarrassing, to say the least, that the county commission would decide not to support us in that regard, so I ask for your support, ladies and gentlemen. CHAIRMAN COYLE: Thank you very much. MR. BOYNTON: Thank you very much. MS. FILSON: Lois Ashton. MS. ASHTON: Thank you. For the record, I'm Lois Ashton with the Economic Development Council. It's hard to follow Stan. That was pretty emotive. And I think what he says is one of the reasons we should look very closely at how we go forward with this particular application. We do support their application for the incentives in the entirety that it was presented. There's a lot of reasons to consider their application just based on the services that they provide. But in addition to all of those services that they provide that wouldn't be available to the Immokalee residents if they weren't there, in addition to that, we need to look at maybe just the pure financial. And if they have currently 30 jobs at an average wage of $24,000 and they're adding 22 more jobs at an additional wage, their total economic impact is well over a million dollars just in salaries. If you add and factor into that also the capital investment that they're making, they are contributing financially and the county will benefit because of Page 299 January 25, 2005 the people who are taking advantage of their services. I found an interesting statistic today on the Internet. For every dollar spent by a nonprofit organization, $2.89 of economic activity statewide are generated. Now, that includes the type of services and the type of facilities that the Guadalupe Center presents. This was taken from Rollins College Nonprofit Philanthropic Center. They did a complete study on the benefits of nonprofits and what kind of contributions they make to a state or community. And for every dollar, you get $2.89. So I ask you to please consider that ratio. CHAIRMAN COYLE: Thank you very much. Next speaker? MS. FILSON: Your final speaker is Melinda Riddle. MS. RIDDLE: Good evening. I do have a lot of problems following Stan, both because of his eloquence and also his height, so if you'll bear with me here. I'm coming to you today both as a member of the community, having grown up in a community very similar to Immokalee, having many, many years ago attended the schools in Immokalee, but currently as a trustee of the board of trustees of the Guadalupe Center. And from what I can see about this issue, there's a couple of points. One being that the Guadalupe Center is not coming to you asking for a donation or a contribution. We take care of our fundraising separately; that's a separate issue. Guadalupe Center has submitted its application based upon guidelines that were prepared presumably with the board's policy and direction in place. The guidelines that are in place did not disqualify Guadalupe from the -- these incentives. But most importantly, I think -- and I'm kind of echoing what everybody else has said -- the economic impact, I think, you can look at it one of two ways. You can say, if we're going to grant it to the center, then we want this particular piece of property at some point to Page 300 January 25, 2005 be able to show a contribution or a flow-back to the county. But that's not the only way that money flows back to the county. The people that are benefitting from this program spend their money within the county, a stable community, particularly in Immokalee, means that the residents are stable, buy homes, and they invest their funds within the community. The jobs that are created are not just the jobs at the center. The actual expansion program has provided a tremendous economic benefit to companies, contractors, and the like, in Southwest Florida. So the economic impact and the benefit to the county is more indirect, perhaps. And maybe you can't go back and say, well, we can trace back where so much of this came back from property taxes, but if you look at the base in Immokalee, you're going to find that that is the area that probably has the least number of property owners, individuals that are property owners, and I think that needs to change. And I think all the economic outlooks indicate that that needs to change in order for Immokalee to grow. I think that based upon what you've heard here today, and my perspective is -- certainly doesn't have the figures and the statistics, but I think my perspective is, that if the rules were there and the Guadalupe Center qualified, in order to say, well, they don't qualify now means not a policy decision but actually a reversal of a decision that this board has already made. And if that's your choice -- and you're certainly able to do that, then fine. But I think for the future, other applicants need to know if the rules are going to change in the middle of the game. So thank you. CHAIRMAN COYLE: Thank you. And I'm really sorry that you had to wait so long to get your message to us here. We didn't do this intentionally. MR. BOYNTON: I'm not saying that, Commissioner. CHAIRMAN COYLE: And we -- and I'm sure all of us appreciate the wonderful work you do in Immokalee. Page 301 January 25, 2005 Now, do we have -- we have Commissioner Fiala who is next to speak. MR. SCHMITT: Mr. Chairman, if I could, just for a moment, just to make sure to set the record straight, because Commissioner Henning is, in fact, correct, there was a motion in -- at that meeting, made a motion not to approve, and Commissioner Coyle, you seconded that motion, and then you prefaced it by saying, is there anything that would preclude them from coming back in a reasonable period of time if they have additional information or new policy guidance. And after all the debates regarding the jobs and, of course, the salaries for those jobs, that was our intent. But it did fail, the motion did fail 4-1, so I just want to make sure, to clarify the record, and note that Commissioner Henning is, in fact, correct and it did fail 4-1. CHAIRMAN COYLE: Okay. Commissioner Fiala now has something to say. COMMISSIONER FIALA: Just a yes or no answer, please. With these new jobs that are created, do they provide health care? Just a yes or no. I don't want to drag it out. MR. BOYNTON: The short answer is yes. The Guadalupe Center has 68 employees. We provide health care. The organization assumes the vast majority of the cost. In addition, we have a retirement program for all our employees. As a further benefit for our high school tutors, in addition to the wage we pay them, we give them a $2,000 scholarship for every year they work, and for any employee who wants to go to college, we pay the tuition. COMMISSIONER FIALA: Thank you, that's great. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Am I correct that -- the assumption that this is going to be a self-supporting system; in other words, you would benefit from, over the years, of taxes? Page 302 January 25, 2005 MR. SCHMITT: Yes, that's the way it was designed, that's correct. COMMISSIONER HENNING: Okay. So we never anticipated an issue where a not-for-profit that doesn't pay property taxes would apply for that? MR. SCHMITT: The only place where they would qualify is Immokalee. Nowhere else in the county would they qualify because-- COMMISSIONER HENNING: Even Immokalee -- MR. SCHMITT: Yes. COMMISSIONER HENNING: Even Immokalee where, understanding -- MR. SCHMITT: That's correct. COMMISSIONER HENNING: -- through the tax increments, property taxes or whatever -- MR. SCHMITT: Yes. COMMISSIONER HENNING: So it's just something that wasn't anticipated. And it's not -- the board is -- is supportive of not- for-profits, not through tax dollars though. MR. SCHMITT: And-- COMMISSIONER HENNING: I think that we've said that. I just -- I think you made a compelling argument that you do fit the criteria and just the criteria's broken. CHAIRMAN COYLE: Yeah. The -- and one other thing, that the criteria does not set an entitlement. COMMISSIONER HENNING: Yeah. CHAIRMAN COYLE: That's the reason that you come before the board, for the board to make a decision. It's not an entitlement, and we have to make those decisions based upon a number of factors. But Commissioner Halas? COMMISSIONER HALAS: I think Joe Schmitt has answered a question. I didn't want to begin a precedence (sic) that all503Cs (sic) were going to come in here and expect the same type of abatements, Page 303 January 25, 2005 tax abatements, in regards to broadband communications. And I think you clarified that what we were going to do here, what we were trying to do is just because they are providing a community service, and we want to make sure that this doesn't get carried out beyond the Guadalupe Center or out of the Immokalee area. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Motion for approval. COMMISSIONER FIALA: Second that. And I'd like to say it's because you provide so many things to your employees, they get to take care of themselves. It was not written in here anyplace that we didn't accept a 5013-C, so I second that wholeheartedly. CHAIRMAN COYLE: And just so we understand, you're approving -- you're recommending approval for the Job Creation Investment Program credit and the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistant Program? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: Okay. Then we have a motion on the floor. MS. FILSON: Who made the motion? CHAIRMAN COYLE: I'm sorry? MS. FILSON: Who made the motion? CHAIRMAN COYLE: Commissioner Coletta made the motion and Commissioner Fiala seconded the motion. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: And those opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Page 304 January 25, 2005 So it passes 3-2, with Commissioner Halas, Commissioner Coletta, and Commissioner Fiala voting in the affirmative, and Commissioner Henning and Commissioner Coyle voting against. And I will tell you why I voted against. I would support the job creation program without question, but anything that has to do with -- with property taxes, I think, is inappropriate. It places the burden right squarely on the backs of the taxpayers because it is a subsidy by taxpayers, and I do not think that's the intent of this program. So with that, we're finished. Thank you very much. MR. SCHMITT: Commissioner Coy Ie, if I could ask, not based on this one, but we expect another one, similar situation, I won't use the name. If we could please get some guidance from the board on this so we can come back and take care of this through some appropriate amendment. CHAIRMAN COYLE: Well, my -- you just heard my guidance. MR. SCHMITT: Yes. CHAIRMAN COYLE: If you don't pay taxes, property taxes, and it cannot be recouped from property tax payments, it should not be granted -- COMMISSIONER HENNING: Ditto. CHAIRMAN COYLE: -- because it is nothing but a public subsidy. It is not an assistance program, it is not a deferral program. It is a public subsidy. So what you're asking the taxpayers to do -- in fact, what you're doing to the taxpayers is that you're taking their money, you're giving it to somebody without them having anything to say about it at all. And we wouldn't do it with the Shelter for Abused Woman, we wouldn't do it for anybody else, and -- but we've done it here, and I think it's a big, big mistake. MR. SCHMITT: I need to throw a wrench into the spokes here, because we have a similar situation on the airport. We have an organization moving in the airport that does not pay taxes. They pay -- Page 305 January 25,2005 they pay ad valorem on intangible taxes, but a program is designed to incentivize the development of the trade port in Immokalee, and that's CHAIRMAN COYLE: It's a not-for-profit organization? MR. BAKER: It's a for profit. MR. SCHMITT: It's for profit. MR. MUDD: It's for profit, but sir, it's on airport property, and they pay -- they pay rent -- MR. SCHMITT: They pay rent. MR. MUDD: -- but they don't pay taxes. COMMISSIONER HALAS: But the rent is indirectly -- COMMISSIONER FIALA: No, we don't pay -- COMMISSIONER HALAS: The rent pays for part of the taxes. MR. BAKER: The property, because it's -- excuse me, Denny Baker for the record. It's on airport property, sir, and the airport does not pay property taxes, so there is no property taxes paid back to the county on those new businesses going into the airport property. COMMISSIONER HENNING: I think that's a real stretch. That's far different from a not- for-profit. COMMISSIONER COLETTA: I think this is going a little too far. We made the vote, we called it. CHAIRMAN COYLE: Well, the vote's over. They're asking for guidance on what they do with this next one. MR. BAKER: Yes. CHAIRMAN COYLE: And so we're trying to come up with some idea -- some way to give it to them. You want to have a separate meeting and talk about that? I don't think we can hash those out here tonight. In fact, I'm not inclined to. MR. MUDD: No, sir. I think if you -- I think you gave us some guidance the last time this came up to go in there and work on -- and change -- and I gave Joe some guidance. MR. SCHMITT: Yep. Page 306 January 25,2005 MR. MUDD: -- at the last meeting, basically said, change the ordinance and get it to the point in time that not- for-profits get taken out. And I believe that's what I see everybody nodding on the dais about. I believe they -- MR. SCHMITT: We will do that. MR. MUDD: -- you approved the Guadalupe Center because it was there and we hadn't got it changed. But we're going to change it, and I think that will resolve the issue, and then we can talk about the airport thing. Let's do that and have that as an agenda item during the joint airport meeting that we have when they come with their budget-- CHAIRMAN COYLE: Good. MR. MUDD: -- and we talk about that particular issue. CHAIRMAN COYLE: Maybe they should make some payments in lieu of taxes. MR. MUDD: Maybe they should be self-sufficient, but I won't say anything. CHAIRMAN COYLE: Yes. Okay. Good. Let's move on to item number 12B. COMMISSIONER FIALA: We don't have any public comments? CHAIRMAN COYLE: We better not have any public comments. MS. FILSON: He left. CHAIRMAN COYLE: Is there anybody else who wants to makes a public comment here? Item #12B RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE THE COUNTY ATTORNEY'S OFFICE TO MAKE A BUSINESS DAMAGE OFFER TO SETTLE A CLAIM FOR BUSINESS DAMAGES BY W AL-MART STORES, Page 307 January 25, 2005 INC. D/B/A/SAM'S CLUB ASSOCIATED WITH THE ACQUISITION OF PARCELS 135, 735A, AND 735B IN THE LAWSUIT STYLED COLLIER COUNTY V. W AL-MART STORES, INC., ET AL., CASE NO. 04-3632-CA (IMMOKALEE ROAIl.ER..OlECT # (6042) - AEEROVED MR. MUDD: 12B is a recommendation that the Board of County Commissioners authorize the County Attorney's Office to make a business damage offer to settle a claim for business damages by Wal-Mart Stores, Inc., Sam's Club associated with the acquisition of parcels 135, 735A, 735B, in a lawsuit styled Collier County versus Wal-Mart Stores, Inc., et al, case number 04-3632-CA, and Heidi Ashton will present, from the County Attorney's Office. MS. ASHTON: Good evening, Commissioners. I don't think I've ever said that before. It's always been good morning. COMMISSIONER FIALA: You haven't been here long enough. MS. ASHTON: For the record, Heidi Ashton. CHAIRMAN COYLE: Well, if we wait a little while longer, it will be morning. MS. ASHTON: Okay. Well, if we're ordering pizza, that might be okay. This item is associated with a pending eminent domain action, and in connection with the suit we did received a business damage claim from Wal-Mart that's separate from the constitutional issue of full compensation, and the amount of claim was $5.8 million. The county has a certain time period then to respond to that offer, and that's what our proposal is today, to offer $75,000. Ifwe don't respond to the offer, then the attorney can potentially get hourly attorney's fees ifhe is later successful in establishing a business damages for his client. What the $75,000 offer does is either they'll accept it and it will go away, or they won't accept it, and if they're ultimately awarded Page 308 January 25, 2005 business damages, then the attorney will receive the difference between the $75,000 and whatever is awarded, if it exceeds that amount. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Okay. Thank you. I'm the one that pulled it, and I'll tell you why. I feel trespassed against. It seems nothing more than a big brother out there trying to beat us out of $75,000, or whatever they can get. We've gone out of our way to be good neighbors to Wal-Mart, and now here we are. They're asking for something we've given no one else. Think of all the intersection cuts or the cuts in the median that we removed to be able to keep traffic moving, and no one came forward for a settlement because they weren't Wal-Mart and they didn't have the attorneys to be able to push it. I resent. I just -- I wanted to get this in front of you for your opinion. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: I'm also concerned about this because of the fact that they're basically holding us up here, and I'd like to know what their justification is. I think you and I had a briefing in my office in regards to this, and basically you said it was because -- that it would cause a decrease in their fuel sales. And even though there's going to be adequate ingress and egress from this property, I don't understand how they can substantiate that they're going to have a loss in fuel sales. Maybe you can enlighten me a little bit more. MS. ASHTON: The basis of the claim, as I understand it, is related to a median closure. Their claim is related to the access and a circuitous route that they would have to take to access their site. That's their position. I'm not commenting on the merit of the claim. I can tell you at this point we found, in consultation with our expert, no basis to support that claim. And their claim is not that they're losing sales. Their claim is that their fuel station would have to Page 309 January 25, 2005 shut down. So we have not found facts at this point to support that claim; however, the law will allow them to amend their business damage claim to a different amount. The way this works under the Florida statutes is that when we file suit, we send a notice to the business owner that we're filing the suit, and under the statute, they have 180 days to file their claim. If they don't make a claim, then they're barred from making a business damage claim in the future. After that, we have a time period to respond to their claim by way of an offer. COMMISSIONER HALAS: Do they understand why we closed off this median? It was because -- that it's dangerous. Do they understand that? MS. ASHTON: I can't-- COMMISSIONER HALAS: It wasn't done to deprive them of sales. It was done because we had a safety affair (sic) there because of the fact that there's no light there. They're too close to the intersection. And, of course, we have continuing flow of traffic because there's always the right-hand turn there off of Airport going eastbound on Immokalee there, and it's advantageous that we protect the citizens as they turn onto Immokalee Road instead of going all the way across. MS. ASHTON: Let me respond to your comment-- COMMISSIONER HENNING: Before we get too far into this -- MS. ASHTON: Could I -- could I just make a quick comment that might assist Commissioner Halas? Thank you. We're expecting that they will amend their claim, and their claim -- amended claim will be based on the fact that our cure to what happens to their property after we construct the proj ect is to relocate five parking spaces, and their position will be that the five parking spaces cannot be relocated, then they will then value the five parking Page 310 January 25, 2005 spaces. That's at a minimum of what I'm expecting them to do as far as the business damage. CHAIRMAN COYLE: Well, the problem we have, then I'll go to Commissioner Henning immediately, but we either defend our rights or we do nothing at all. So the decision on this is relatively simple. Either we do nothing at all or we defend our rights. You were asking us to authorize you to defend our rights; is that correct? MS. ASHTON: That could be one way to phrase it, yes. CHAIRMAN COYLE: Okay. Commissioner Henning? MS. ASHTON: I prefer that-- CHAIRMAN COYLE: Commissioner Henning, you have a question? COMMISSIONER HENNING: Well, I just didn't -- if the -- if where we're going is further litigating this item, I would rather not say too much on the record and just make a -- make a motion either up or down, and let's go for it. MS. ASHTON: If you prefer we could continue the item and I can meet with each of you individually, but I also would prefer not to put information on the record. This is an item that will very likely go to jury trial. CHAIRMAN COYLE: And what you're asking us to do is just authorize you to make a business damage offer to settle the claim -- MS. ASHTON: Correct. CHAIRMAN COYLE: -- and prepare for any court action that might be appropriate? MS. ASHTON: Correct. CHAIRMAN COYLE: Okay. Is there a motion to do that? Is anybody -- COMMISSIONER HALAS: I make a motion for that. CHAIRMAN COYLE: Okay. Commissioner Halas makes a motion for approval. Is there a second? Page 3 11 January 25,2005 COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Second by Commissioner Henning. Any discussion? COMMISSIONER COLETTA: So in other words -- wait. What we're authorizing staff to do is to go forward and offer up to $75,000? CHAIRMAN COYLE: Yeah. COMMISSIONER HALAS: If they'll take it. COMMISSIONER COLETTA: No questions. Just opposed to it. CHAIRMAN COYLE: Yeah, it's distasteful, but what do you do? Okay. I'm going to call the question. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It's unanimous. COMMISSIONER COLETTA: No, it's not. CHAIRMAN COYLE: You didn't say aye? COMMISSIONER COLETTA: No, I did not. CHAIRMAN COYLE: Oh, you did not. I'm sorry. Then Commissioner Coletta -- COMMISSIONER COLETTA: Coletta. The blonde one is Fiala. CHAIRMAN COYLE: Okay. Commissioner Fiala-- Commissioner -- this guy -- COMMISSIONER COLETTA: Are you getting all this down? CHAIRMAN COYLE: This guy opposes, okay? Whatever his name is, okay. Do we have anything from constitutional officers? No? Airport Authority, community development, nothing. Page 312 January 25, 2005 Staff? MR. MUDD: No public comments. CHAIRMAN COYLE: And general communications. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. MUDD: Yes, sir. What I -- I made a comment about-- when we talked about the airport just a second ago, and I want to make sure I set that right in case it was overheard by the microphone when I said it would be good to get the Airport Authority so they were self-sufficient, and by getting renters, they get -- they get rent, therefore, they have money coming in as revenue and they're not so dependent on ad valorem taxes, and in away, that is a benefit to not paying taxes so that we get them off of a subsidy role versus being self-sufficient. The only other item that I have is, we have a strategic planning workshop scheduled for February 4th, and I've sent a memo down to you just in case you've seen it or not. I'm just asking you to give me your high three or your high three to five things that you would like to get -- that are bothering you, for the future for the next five or so years, and then I'll get all those things together, consolidated, and then we'll talk about them during that strategic workshop and ferret out which ones are the top ones, and we start -- we can start laying these things on either as horizon committees or figure out how it's going to go and play out so we can make some modifications to the strategic plan. Interesting to note though, and I want to make sure that you all recognize it if you haven't gone back and looked, when you go back and look, and you look at the horizon committees that you were on and you look at the things about contracting that we set out to do Page 313 January 25, 2005 almost three years ago, we pretty much have laid right on that line and made sure that was locked in. Look at the employees' grading sheets that they have, and they are aligned with the strategic goals that the county has. And I would say that we've made great strides toward that strategy, and I would just like to make sure that we stay on that -- on that focus that you want us to be on for the community. Because I believe once everybody is focused on that particular -- those particular items, things get accomplished. And we stayed on them, and we haven't played the flavor of the month, you know, the Baskin Robbins thing where we're going to change it to vanilla, to rocky road the next week. We've stayed -- we've stayed pretty much constant on those particular items, and it's paid great dividends. So I look forward to the board, and I also look forward to your input. That's all I have, sir. CHAIRMAN COYLE: Good. Thank you. David, do you have anything? MR. WEIGEL: I wouldn't dare, but thank you. CHAIRMAN COYLE: Good, thank you. Commissioner Henning? COMMISSIONER HENNING: Yeah. Just one thing. Well, actually two things. The question would be, did Wally Wodd on -- by Davis Boulevard, or 951 down there, did they did open up that loop road to relieve congestion? And the second thing, I haven't pressed it as much on this agenda as I have in the past, but each -- every other week there are items on the agenda for the board to enter into agreement or contracts, except for, those agreements or contracts are not in there. So we're asking to enter into something we haven't read. And I really have some condemnation (sic) about -- about those, not being able to review items to be approved, and I just want to know if anybody else has a problem with it, or should I take it someplace else? Page 314 January 25, 2005 COMMISSIONER HALAS: Nope, I've got concerns like that, too, Commissioner, especially when we talked about things a couple years ago, and then it's not brought forth in the information of our packages. CHAIRMAN COYLE: Okay. Anything else? COMMISSIONER HENNING: That's it. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: First of all, I want to remind people that we have a town hall meeting in Golden Gate tomorrow. Commissioner Henning's town hall meeting. It's at seven p.m. at the Golden Gate Community Center, right? COMMISSIONER HENNING: Glad you reminded me. COMMISSIONER FIALA: You'll have to be there. And second thing is, we talked about a workshop to discuss the no density issue, no density bonus on 951 or really on any constrained roads, and I just wanted to remind you that we spoke of that earlier, and I think that's something we need to address. Lastly, Bill Barnett -- Mayor Barnett and I gave a speech the other day on city/county relationships to the bar association, and somebody in the audience asked, who's going to pay the bill, the bill with regard to the overpass, and they wanted to know some -- you know, what expenses would be involved in that. And Bill said he -- from the podium, but he said, you know, Donna and I've been friends a long time. I think if we just sat down and -- we could work this out between us and save all the entanglements from the legal profession. And he says, I would like to try it. I said, so would 1. And so I thought, well, you know, maybe I could just put that to you guys and see if we couldn't, maybe just Bill and I sit down and work it out rather than drag it through the courts and air it in the -- you know, and corne up with a fast and-- COMMISSIONER HENNING: I think it's a great idea. Page 315 January 25, 2005 COMMISSIONER FIALA: -- easy solution. Thank you. CHAIRMAN COYLE: I'd buy it. I think it's a great idea. COMMISSIONER COLETTA: I'm not too particularly fond of it because then that means that we owe them something, and I really don't feel that we do. I mean, I guess it depends on the rest of the commission, but that's -- CHAIRMAN COYLE: Well, it couldn't be approved without coming back to the commission anyway. COMMISSIONER COLETTA: Yeah. I'm not -- I don't think there's any harm for you to talk to him off the record, but I can't endorse it. COMMISSIONER FIALA: Don't forget, no matter what happens, if we drag it out, you know, then we waste a lot of money. It's like paying it anyway. COMMISSIONER COLETTA: You're a free agent. You don't need our endorsement. COMMISSIONER FIALA: Well, no, I want your backing. I don't want to be doing this without your backing. COMMISSIONER HALAS: Well, I think you should proceed at possibly -- in discussion, but I feel that the city also tried to put a stop to the overpass, and I think that -- COMMISSIONER FIALA: Well, you know what I think, before we even air that, I haven't even asked Mayor Barnett. You know, he just mentioned it. I haven't gone to him at all, so I thought I'd ask you. I'll go talk to him. And we're pretty amicable. And the last -- oh, that is the last thing. Thank you. CHAIRMAN COYLE: Okay. Good, good. Oh, and after the town hall meeting tomorrow night, Commissioner Fiala is having a reception at her home. COMMISSIONER FIALA: Not true. CHAIRMAN COYLE: So everybody is invited. COMMISSIONER FIALA: Paul, I'm not doing that. Page 316 January 25, 2005 CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yes, Commissioner Coletta's next. COMMISSIONER COLETTA: No, he got you first. Saving the best for last. COMMISSIONER HALAS: Okay. I've got to say that it was a pleasure today being here in this commission meeting, and I think we made some -- made some big progress here in Collier County for all the citizens here, and I just want to say, it's a pleasure to work with all you fellow commissioners and look forward to Tom Henning's town hall meeting tomorrow night. CHAIRMAN COYLE: Commissioner Coletta. COMMISSIONER COLETTA: Thank you, sir, and I am looking forward to it also. I've got to tell you something, I slipped up. I hope you can forgive me. I was supposed to tell you around five o'clock that the pizzas arrived. But since I'm on a low carbohydrate diet, I don't eat pizza, so it just slipped my mind, but it's out there waiting for you. CHAIRMAN COYLE: The last time I looked it was all gone and they said you ate it. I don't have anything, so I think we're adjourned. Let's go home. COMMISSIONER COLETTA: Let's get out of here. ***** Commissioner Fiala 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 AN INTERIM MANAGEMENT PLAN FOR THE NORTH GOLDEN GATE ESTATES (NGGE) UNIT 53 PROPERTY UNDER THE CONSERVATION COLLIER LAND ACQUISITION Page 31 7 January 25, 2005 Item #16A2 CARNIVAL PERMIT 2005-01: PETITION CARNY 2004-AR-7015; GRANTING JOHN YONKOSKY, TREASURER, COLLIER COUNTY FAIR AND EXPOSITION, INC., A PERMIT TO CONDUCT A FAIR FROM FEBRUARY 4TH THROUGH FEBRUARY 13TH, 2005 AT THE COLLIER COUNTY FAIRGROUNDS ON IMMOKALEE ROAD (C.R. 846) NORTH GOLDEN GATE ESTATES - WAIVING THE OCCUPATIONAL Item #16A3 RESOLUTION NO. 2005-43 THRU 2005-68: LIEN RESOLUTIONS FOR THE FOLLOWING CODE ENFORCEMENT CASE NUMBERS: 2004100542/ALVAREZ, JENNIFER, 20041 00530/ CAVATAIO, SALVATORE & ANTOINETTE, 2004110012/CAFFA-MOBLEY ET AL, PRISCILLA, 2004080055/REECE EST., ANNIE EARL, 2004100961/REECE EST., ANNIE EARL, 2004100345/BATON ROUGE LLC, 2004100485/BARON, MIMON, 2004050647/BARON, MIMON, 2004071226/GLOVER, LIZZIE H., 2004080595/STONESTREET, WILLIAM M, 2004070 10 l/WILKINSON-MEFFERT CONSTRUCTION COMPANY, INC., 2004070376/MAC BUILDERS INC., 2004070375/MAC BUILDERS INC., 2004060799/0NOFRE, ROBERTO C., 2004070552/SEFFER, ERIK H. AND ASTRID V., 2004090471/TSALACH INVESTMENTS, LLC., 2004110013/VOLCY, EVENS AND MARIE C., 2004030691/RIAMBAU, STEVE AND DASILVA, GILDETE A., 2004090637/0SCEOLA, DOUGLAS M., 2004090638/0SCEOLA, DOUGLAS M., 2004061226/MARTEL, CLAUDE, Page 318 January 25,2005 2004090639/LAROSSA TR., ELIZABETH ANTON, 2004091102/WEYRAUCH, JAMES P. AND DIANE P., 2004091100/NOLAN JR. TR., LEONARD F., AND NOLAN TR., MICHAEL S. AND MICHAEL N. REALTY TRUST, 2004050696/MORRIS, THOMAS AND 2004091116/MORIARTY, Item #16A4 SATISFACTIONS OF LIEN FOR RESOLUTION NO'S: 2001-213 STYLED BOARD OF COUNTY COMMISSIONERS VS. ALFREDO L. AND ANNE C. RAMIREZ AND 2002-349 STYLED BOARD OF COUNTY COMMISSIONERS VS. STUART O. KAYF Item #16A5 THE APPLICATION BY GENAPOL FOR THE JOB CREATION INVESTMENT PROGRAM, THE ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM AND THE FEE PAYMENT ASSISTANCE PROGRAM - AS DETAILED IN THE Item #16A6 - Moved to Item #10F Item #16A7 RESOLUTION 2005-69: OPPOSING PROPOSED SENATE BILL 0620, AND ANY SIMILAR CHANGES TO FLORIDA STATUTES, THAT WILL DIMINISH AUTHORITY OF FLORIDA'S LOCAL GOVERNMENTS TO REGULATE WIRELESS COMMUNICATIONS FACILITIES EXCEPT TO THE Page 319 January 25,2005 EXTENT ACTUALLY NECESSARY TO FACILITATE 911/E911 SERYICRS Item #16A8 ONE (1) IMPACT FEE REIMBURSEMENT REQUESTED BY MORTGAGE MAX, INCORPORATED, TOTALING $34,566.60, DUE TO BUILDING PERMIT REVISION AND CORRESPONDING REDUCTION IN SQUARE FOOTAGE FOR CONSTRUCTION OF A NEW MEDICAL OFFICE BUILDING AT Item #16A9 RESOLUTION 2005-70: SUPPORTING GENAPOL AS A QUALIFIED APPLICANT IN THE QUALIFIED TARGET INDUSTRY (QTI) TAX REFUND PROGRAM AND PROVIDING FOR AN APPROPRIATION OF $96,000.00 AS A LOCAL PARTICIPATION MATCH, PURSUANT TO SECTION 288.106, FLORIDA STATUTES, PAID IN INCREMENTS ESTIMATED TO BEGIN IN FY2007-FY2012- AS DETAILED IN THE EXECUTIVE SllMMARY Item #16A10 RESOLUTION 2005-71: SUPPORTING ADVOCATE AIRCRAFT TAXATION COMPANY AS A QUALIFIED APPLICANT IN THE QUALIFIED TARGET INDUSTRY (QTI) TAX REFUND PROGRAM AND PROVIDING FOR AN APPROPRIATION OF $60,000.00 AS A LOCAL PARTICIPATION MATCH, PURSUANT TO SECTION 288.106, FLORIDA STATUTES, PAID Page 320 January 25, 2005 IN INCREMENTS ESTIMATED TO BEGIN IN FY2006-FY2008- Item #16B1 A BUDGET AMENDMENT RECOGNIZING PRIOR YEAR REVENUE FOR FUNDS RECOVERED FROM VEHICLE ACCIDENTS WHERE COUNTY TRAFFIC SIGNALS AND Item #16B2 THE FY 2005 TRANSIT DEVELOPMENT PLAN UPDATE - AS Item # 16B3 RESOLUTION 2005-72: AUTHORIZING THE TRANSPORTATION ADMINISTRATOR OR HIS DESIGNEE TO EXECUTE A FEDERAL TRANSIT ADMINISTRATION SECTION 5310 GRANT APPLICATION AND APPLICABLE DOCUMENTS, AND TO ACCEPT, ON BEHALF OF THE COUNTY, ANY SUCH GRANT AWARDED - AS DETAILED IN Item #16B4 RESOLUTION 2005-73: A LOCAL AGENCY PROGRAM (LAP) SUPPLEMENTAL AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR SIDEWALK CONSTRUCTION ALONG COUNTY ROAD 29 IN Page 321 January 25, 2005 EVERGLADES CITY- AS DETAILED IN THE EXECUTIVE SUMMARy Item #16B5 AWARD OF BID #04-3595R- THE ANNUAL CONTRACT FOR "CLEARING, GRUBBING, AND TREE TRIMMING REMOVAL SERVICES" FOR THE APPROXIMATE ANNUAL AMOUNT OF $50,000.00- AWARDED TO CORE SERVICES AS PRIMARY VENDOR, AND SOUTHERN SERVICES AS SECONDARY YENDOR Item #16B6 AWARD OF BID #05-3633- THE ANNUAL CONTRACT FOR "REWORK OF SLOPES AND ROADSIDE DITCHES" FOR THE APPROXIMATE ANNUAL AMOUNT OF $50,000.00- AWARDED TO BETTER ROADS, INC. AS PRIMARY VENDOR AND FLORIDA STATE UNDERGROUND AS SECONDARY YENDOR Item #16B7 WAIVING THE FORMAL BID PROCESS AND A CONTRACT AGREEMENT BETWEEN COLLIER COUNTY AND TEMPLE, INCORPORATED FOR SERVICES RELATED TO THE IMPLEMENTATION OF A SPLIT CYCLE OFFSET OPTIMIZATION TECHNIQUE (SCOOT) ADAPTIVE TRAFFIC SYSTEM ON THE PINE RIDGE ROAD CORRIDOR BETWEEN GOODLETTE-FRANK ROAD AND LOGAN BOULEVARD AT A COST NOT TO EXCEED $671,964.00, PROJECT #601724 - AS Page 322 January 25, 2005 Item #16B8 A SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENT GRANT AGREEMENT NO. OT050869 IN THE AMOUNT OF $170,000.00 FOR PARTIAL FUNDING OF THE 2005 AUSTRALIAN PINE TREE REMOVAL PROGRAM- Item #16B9 RESOLUTION 2005-74: THE TRANSPORTATION ADMINISTRATOR OR HIS DESIGNEE TO APPLY FOR A FEDERAL TRANSIT ADMINISTRATION SECTION 5311 GRANT APPLICATION AND APPLICABLE DOCUMENTS, AND TO ACCEPT, ON BEHALF OF THE COUNTY, ANY SUCH GRANT AWARDED - AS DETAILED IN THE EXECUTIVE SIlMMARY Item #16B10 RESOLUTION 2005-75: A FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) LOCAL AGENCY PROGRAM AGREEMENT FOR THE BEAUTIFICATION ENHANCEMENTS TO ST. ANDREWS BOULEVARD FROM US 41 TO PEBBLE BEACH BOULEVARD AND TO ADVANCE THE FUNDS FROM THE GENERAL MSTD FUND (111)- REQUESTED BY THE LEL Y GOLF ESTATES MSTU TO BE PAID BACK UPON REIMBURSEMENT FROM THE FDOT- AS DETAILED IN THE Page 323 January 25, 2005 Item #16B 11 RESOLUTION 2005-76: REQUIRED PURSUANT TO SECTION 125.37, FLORIDA STATUTES, FOR THE EXCHANGE OF REAL PROPERTY IN CONNECTION WITH THE EXPANSION OF IMMOKALEE ROAD FROM 4 LANES TO 6 LANES BETWEEN US-41 AND 1-75, FISCAL IMPACT NOT TO EXCEED $100.00, PROJECT #66042 - AS DETAILED IN THE EXECUTIVE SUMMARy Item #16C1 AWARD BID #05-3762 TO ENCORE CONSTRUCTION COMPANY TO CONSTRUCT THE SODIUM HYDROCHLORITE TANK AND PIPING REPAIRS, IN THE AMOUNT OF $72,500.00, AND APPROVE THE NECESSARY BUDGET AMENDMENT FOR THE NORTH COUNTY WATER RECLAMATION FACILITY BLEACH PIPING REPLACEMENT PROJECT, PROJECT #73957- AS DETAILED IN THE EXECUTIVE SUMMARy Item # 16C2 AWARD BID #04-3713, ANNUAL CONTRACT FOR PUMP AND MOTOR REPAIR AND PURCHASE FOR COUNTYWIDE MAINTENANCE OF EQUIPMENT TO VARIOUS COMPANIES IN THE ESTIMATED AMOUNT OF $300,000.00 - AS DETAILED Item #16C3 - Continued to the February 8, 2005 BCC Meeting- APPROVED Page 324 January 25, 2005 RESCIND AWARD OF BID #02-3382 TO R & D SOIL Item #16C4 AN INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF MARCO ISLAND FOR THE COUNTY TO CONTINUE PROVIDING TRASH COLLECTION SERVICES IN THE CITY- AS DETAILED IN THE EXECUTIVE SUMMARy Item #16C5 RESOLUTION 2005-77: FOR THE EXCHANGE OF 4,623 SQUARE FEET OF THE PELICAN BAY UTILITY SITE FOR 9,246 SQUARE FEET OF THE CLUB PELICAN BAY, INC., GOLF COURSE PROPERTY, AT A TOTAL COST NOT TO EXCEED $1,150.00 - AS DETAILED IN THE EXECUTIVE SUMMARy Item #16D1 SUBMITTAL OF AN EMERGENCY PREVENTION AND READINESS OUTREACH GRANT APPLICATION TO VOLUNTEER FLORIDA FOR A RESPONSIBLE PET OWNERSHIP AND DISASTER PREPAREDNESS PROJECT FOR Item #16D2 A COOPERATIVE AGREEMENT WITH VGC, LLC AND A TDC CATEGORY "A" SUPPLEMENTAL GRANT APPLICATION IN Page 325 January 25,2005 THE AMOUNT OF $16,500.00 FOR THE CONSTRUCTION OF VANDERBILT BEACH ACCESS #1, TO MAXIMIZE PUBLIC BEACH ACCESS - AS DETAILED IN THE EXECUTIVE SUMMARy Item #16D3 A BUDGET AMENDMENT RECOGNIZING $13,166.68 IN REVENUE FROM PRIVATE CONTRIBUTIONS AND APPROPRIATING FUNDS FOR THE PURCHASE OF ACCESS DINGHIES FOR THE COLLIER COUNTY SAILING CENTER- EXPANDING THE ACCESSIBLE SAILING PROGRAM AT Item #16D4 AN AGREEMENT TO PROVIDE EXISTING FUNDING OF $50,000.00 FOR OPERATIONAL EXPENSES ASSOCIATED WITH WECARE, INC.- FOR DEVELOPING THE COLLIER PHYSICIAN LED ACCESS NETWORK FOR THE PERIOD OF JANUARY 25, 2005 THROUGH SEPTEMBER 30, 2005- AS Item #16E1 REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS FOR THE PERIOD OF NOVEMBER 23, 2004 THROUGH DECEMBER 23,2004 - AS DETAILED IN THE Item #16F1 Page 326 January 25, 2005 A BUDGET AMENDMENT IN THE AMOUNT OF $3,525.00 FOR ffi.Q.IECT #90 ~::; () Item # 16F2 TWO WORK ORDER AMENDMENTS UNDER CONTRACT #01- 3271, FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS, WITH HUMISTON & MOORE ENGINEERS FOR THE HIDEAWAY BEACH RENOURISHMENT PROJECT #90502, IN THE TOTAL AMOUNT OF $28,500.00 - AS DETAILED IN THE Item #16H1 PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER FIALA TO ATTEND THE CITY OF MARCO ISLAND & THE MARCO ISLAND AREA CHAMBER OF COMMERCE'S 40TH ANNIVERSARY OF MODERN MARCO ISLAND DINNER HELD ON JANUARY 28,2005 AT THE MARCO ISLAND MARRIOTT RESORT, GOLF CLUB & SPA; $100.00 TO BE PAID , Item #16H2 PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER FIALA HAVING ATTENDED THE MARCO ISLAND AREA CHAMBER OF COMMERCE'S ALOHA LUAU HELD ON JANUARY 8, 2005 AT THE HIDEAWAY BEACH CLUB; $55.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL B.llIlliET Page 327 January 25, 2005 Item # 16H3 PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER FIALA HAVING ATTENDED THE MARCO ISLAND CHAMBER OF COMMERCE'S GOING AWAY LUNCHEON FOR GREG NILES, HELD ON JANUARY 19,2005, AT THE ISLAND COUNTRY CLUB ON MARCO ISLAND; $25.00 TO BE PAID , Item #16H4 PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER HENNING HAVING ATTENDED THE GREATER NAPLES CHAMBER OF COMMERCE'S "WAKE UP NAPLES" EVENT, HELD ON JANUARY 19,2005, AT THE HILTON NAPLES & TOWERS; THE REGISTRATION OF $17.00 TO BE PAID FROM , Item #16H5 PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER COLETTA HAVING ATTENDED THE EAST NAPLES CIVIC ASSOCIATION'S ANNUAL BANQUET CELEBRATION DINNER HELD ON JANUARY 17,2005, AT NAPLES LAKES COUNTRY CLUB; $35.00 TO BE PAID FROM COMMISSIONER COLEIT A'S TR A VELBllD.GEJ Item #16H6 PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER HENNING TO ATTEND THE URBAN LAND INSTITUTE OF SOUTHWEST FLORIDA'S 8TH ANNUAL WINTER INSTITUTE Page 328 .,"""""__.._._""".".'".,T.....""___..___...__~'~.- January 25,2005 ON FEBRUARY 3RD AT THE NAPLES HILTON & TOWERS; $25.00 REGISTRATION FEE TO BE PAID FROM Item #1611 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED: The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 329 "_._,_..__..___~"".,,,,"..,,._",_._,,,__,___~~__~~' .,..."._....'.'T.~,....".,_,_"_"'_~".,,',,.,.,....w__,~_'~'~~._..~-- BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 25, 2005 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for November 6, 2004 through November 12, 2004. 2. Disbursements for November 13,2004 through November 19,2004. 3. Disbursements for November 20,2004 through November 26, 2004. 4. Disbursements for November 27,2004 through December 3,2004. 5. Disbursements for December 4.2004 through December 10,2004. 6. Disbursements for December 1 L 2004 through December 17,2004. 7. Disbursements for December 18,2004 through December 24,2004. 8. Disbursements for December 25, 2004 through December 31, 2004. FOR BOARD ACTION: B. Minutes: 1. Environmental Advisory Council - Agenda for January 5, 2005; Minutes of June 2, 1999; Minutes of December 1, 2004; January 5, 2005 - Final Plat & Construction Plans; and Planned Unit Development PUDZ-2004- AR-5611. 2. Collier County Hispanic Affairs Advisory Board - Minutes of September 30,2004; Minutes of October 28,2004, and November 18,2004. 3. Collier County Airport Authority - Minutes of December 15,2004. 4. Bavshore Beautification M.S.T.U. - Minutes of December 8,2004. 5. Development Services Advisory Committee - Minutes of December 1, 2004. a) Budget & Operations Sub-Committee - Minutes of December 8, 2004. H:DatafFormat 6. Collier County Planning Commission -Agenda for January 6,2005; Minutes of the December 2, 2004 Meeting. 7. Collier County Citizens Corps Advisory Committee - Agenda and Minutes for: August 25,2004; September 15,2004; October 20, 2004; November 17,2004; and December 13,2004. 8. Conservation Collier Land Acquisition Advisory Committee - Agenda for January 10,2005; Minutes of December 13,2004; Form B - Voting Conflict for Marco Espinar ; Ellen Goetz; and Kathy Prosser. 9. Forest Lakes Roadway and Drainage M.S.T.U. - Agenda for January 12, 2005; Minutes of December 8, 2004. 10. Collier County Library Advisory Board - Agenda for December 8, 2004; Minutes of October 27, 2004. 11. Pelican Bay Services Divison - Agenda for January 5, 2005; Minutes of December 1, 2004. Statement of Revenues and Expenditures ending December 23,2004. a) Budget Sub-Committee Minutes for November 23,2004 12. Productivity Committee Meeting - Minutes of November 17,2004. H:DatafF ormat January 25, 2005 Item #16J1 SIGNATORY APPROVAL LETTER FOR THE NINTH YEAR STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) GR.ANLEl.ThIDS Item # 16J2 BOARD OF COUNTY COMMISSIONERS TO SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT IN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT, APPROVE THE SHERIFF'S OFFICE GRANT APPLICATION, AUTHORIZE ACCEPTANCE OF THE GRANT AWARD, AND APPROVE THE ASSOCIATED BUDGET AMENDMENTS - AS DETAILED IN Item #16J3 DETERMINATION THAT THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS OPENED FROM DECEMBER 25, 2004 THROUGH JANUARY 7, 2005 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, COLLIER COUNTY GOVERNMENT CENTER, 2ND FLOOR, W. HARMON TURNER BUILDING, NAPLES, FL . Item #16K1 Page 330 January 25, 2005 STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCEL 132 IN THE LAWSUIT STYLED COLLIER COUNTY V. FIRST NATIONAL BANK OF NAPLES, ET AL., CASE NO. 04-3587-CA (IMMOKALEE ROAD PROJECT Item #16K2 - Moved to Item #12B Item # 16K3 A MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION OF PARCELS 128 AND 728 IN THE LAWSUIT STYLED COLLIER COUNTY V. TERRY LICHLITER, ET AL., CASE NO. 03-2273-CA (GOLDEN GATE PARKWAY PROJECT #60027) - AS DETAILED IN THE EXECUTIVE SUMMARy Item #16K4 A MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION OF PARCELS 117 AND 717 IN THE LAWSUIT STYLED COLLIER COUNTY V. JACK E. GREEN, ET AL., CASE NO. 03-2227-CA (GOLDEN GATE PARKWAY PROJECT #60027) - AS DETAILED IN THE EXECUTIVE SllMMARY Page 331 January 25,2005 Item #16K5 SETTLEMENT PAYMENT OF $750.00 BY COLLIER COUNTY IN THE LAWSUIT ENTITLED: BRANDI L. W ALKOWIAK- KING VS. COLLIER COUNTY, ORIGINALLY FILED IN THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER Item #17 A RESOLUTION 2005-78: PETITION A VPLAT2003-AR4686 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 20 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE REAR OF LOT 86, ACCORDING TO THE PLAT OF "PORT OF THE ISLANDS (THE CAYS) PHASE II" AS RECORDED IN PLAT BOOK 21, PAGES 1 THROUGH 4, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 9, TO~~2S0~,2RRAST Item # 1 7B ORDINANCE 2005-02: SE-04-AR-6485 AMENDING ORDINANCE 2002-53, THE MCINTOSH PROFESSIONAL OFFICE COMPLEX TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION FOR PROPERTY THAT IS LOCATED ON THE NORTHEAST CORNER OF GOODLETTE- FRANK ROAD (C.R. 851) AND 13TH AVENUE NORTH, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, Item #17C Page 332 January 25,2005 RESOLUTION 2005-79: PUDEX-2004-AR-6694 BA YVIEW VILLAS, LLC, REPRESENTED BY DWIGHT NADEAU, OF RWA, INC., REQUESTING A TWO-YEAR EXTENSION OF A PLANNED UNIT DEVELOPMENT (PUD) ZONING GRANTED BY ORDINANCE NO. 2000-05, PURSUANT TO LDC SECTION 10.02.13.D FOR THE NORTH PORT BAY PUD. THE PROPERTY, CONSISTING OF 46.33 ACRES, IS LOCATED NORTH OF U.S. 41 (TAMIAMI TRAIL), EAST OF THE FAHKA UNION CANAL, IN SECTIONS 4 & 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, Item #17D RESOLUTION 2005-80: PUDEX-2004-AR-6630 AMY TURNER, TAMMY TURNER KIPP AND BRT COASTAL INVESTMENTS, PROPERTY OWNERS, REPRESENTED BY WAYNE ARNOLD, OF Q. GRADY MINOR AND ASSOCIATES P.A., REQUESTING A TWO-YEAR EXTENSION OF THE VANDERBILT TRUST 1989 PLANNED UNIT DEVELOPMENT (PUD), PURSUANT TO LDC SECTION 10.02.13, FORA 7.84+ ACRE TRACT LOCATED ON V ANDERBIL T BEACH ROAD, APPROXIMATELY ~ MILE EAST OF LIVINGSTON ROAD, IN SECTION 31, TOWNSHIP 48 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 8: 16 p.m. Page 333 January 25, 2005 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL '1uLw~ FRED W. COYLE, C irman A TT~/~'~~ . t~~ ~', DWIG;f.ITE/ijROCK, CLERK ~im~t..;~+ .0.(. ~;" Ati1Mt'..:dhlthMn"S ';'4. S1~..piJJ. /)'/. . ". .' .-, ,"'~\.:.' ., These Iri.htutes appro~d by the Board on d.....a--J- dt:f:fS , as presented .../ or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 334